16-126 John Cahalan, Master Agreement for Landscape Architect for Design Professional Services for Landscape Architecture Services for Various ProjectsMASTER AGREEMENT BETWEEN THE CITY OF CUPERTINO AND JOHN CAHALAN,
LANDSCAPE ARCHITECT , FOR DESIGN PROFESSIONAL SERVICES FOR LANDSCAPE
ARCHITECTURE SERVICES FOR VARIOUS PROJECTS
This Master Agreement for Design Professional Services ("Agreement"), dated
September 1, 2016 , is entered into by and between City of Cupertino , a municipal corporation
("City "), and John Cahalan (JCLA), Landscape Architect , a California sole proprietor ("Design
Professional ").
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being conducted
under the Constitution and the statutes of the State of California and the Cupertino Municipal
Code .
B . Design Professional represents that it is specially trained , experienced and
competent to perform the landscape architecture services ("Services ") required by this
Agreement .
C . Design Professional represents that it is duly licensed in good standing by the
State of California to perform such Services .
D . City is entering into this Agreement in reliance upon Design Professional 's
representations , set forth above , to provide the Services in accordance with the terms and
conditions of this Agreement
TERMS AND CONDITIONS
1 . TERM :
The term of this Agreement ("Term ") will begin on the date this Agreement is fully executed by
both parties and will terminate on August 31 , 2018 , unless terminated earlier as set forth below .
2 . SERVICES TO BE PERFORMED :
Design Professional will provide Services under this Agreement on an "as needed " basis , in
response to and in compliance with this Agreement and the Scope of Services set forth in
Exhibit A, Scope of Services , attached hereto and incorporated herein , and in compliance with
each Service Order authorized by the City The City has sole discretion to authorize any Service
Order , but has no obligation to authorize any Service Order under this Agreement. Services
may only be provided by Design Professional in response to and in compliance with a Service
Order issued by the City 's Director of Public Works or his or her delegee (collectively , "Director")
in accordance with the following procedures , except or unless otherwise specified in Exhibit A:
A. Service Order Development. The Director will provide a written request for
Design Professional's Services , including a request to schedule a meeting within a specified
time to discuss the requested Services . The Design Professional will meet with the City within
the time specified in the written request. After the initial meeting , Design Professional must
submit to City within the time specified by the City , a written proposal which includes , at a
City of C upertino
John Cahalan , Lands c ape Ar c hit ec t
Ma st e r Agree ment for Land sc ap e Arc hitecture Servi ces for Various Project s
Agreement
Page 1 of 12
minimum , the specific scope of services , schedule of performance , and compensation .
Following receipt and review of the written proposal , the parties will meet to discuss the
proposal and the terms of the Service Order to be issued by the City . The City will prepare a
Service Order, using the Service Order Form attached as Exhibit B, Service Order Form,
attached hereto and incorporated herein , specifying the scope of Services , deliverables , the
schedule of performance , compensation and any other applicable terms . The Director has the
discretionary authority , but not the obligation , to streamline these procedures , e .g ., conferring by
telephone instead of meeting , when the Director deems it is in the City 's best interest to do so .
B . Service Order Execution . The Service Order must be executed by authorized
representatives for each party before any Services may be performed Design Professional will
not be entitled to compensation for any Services performed without a duly authorized and fully
executed Service Order .
C. Reports. Design Professional must provide City with written reports concerning
the status of Services required under this Agreement , at the time and in the form required by the
City .
3 . SCHEDULE OF PERFORMANCE:
All Services must be provided within the time specified in the schedule of performance for each
Service Order . All Services under this Agreement must be completed on or before the end of
the Term . The schedule of performance for a Service Order may not extend beyond the Term .
4 . COMPENSATION:
A . Not to Exceed Limits. Compensation for Services provided under each Service
Order will be based on the rates set forth in Exhibit C , Compensation , attached hereto and
incorporated herein , and will be subject to any maximum compensation limit specified in the
Service Order . The total , aggregate compensation to be paid to Design Professional during the
Term of this Agreement may not exceed One Hundred Seventy -Five Thousand Dollars
($175 ,000)
B. Invoices and Payments. City will pay Design Professional for Services
satisfactorily provided under a Service Order , within 30 days following receipt of a properly
submitted invoice for Services provided during the preceding calendar month , unless otherwise
provided by a Service Order .
Unless otherwise provided by a Service Order , each invoice must include , for each day Services
were provided
1 . The name of each individual providing Services ;
2 . A succinct summary of the Services performed by each such individual ;
3 . The time spent by each individual providing those Services ;
4 . The applicable hourly billing rate and payment due ; and
5 A detailed breakdown of all allowable expenses .
All hourly rates and allowable expenses must conform to the City -approved rates set forth in
Exhibit C .
City of Cupertino
John Cahalan, Landscape Archit ec t
Ma ster Agreement for Landscape Architecture Services for Various Projects
Agreement
Page 2of12
5 . TIME IS OF THE ESSENCE:
Time is of the essence for the performance of all Services required under each Service Order
and for all of Design Professional 's duties under this Agreem e nt. Design Professional must at all
times have sufficient , qualified staff or subconsu ltant s assigned to provide timely provision of all
Services under this Agreement. Design Professional must respond promptly to Service Order
requests ; and , when applicable , to contractor requests , including , but not limited to , requests for
information , substitution requests and change order requests
6 . STANDARD OF CARE :
All Services must be provided in a manner that meets or exceeds the standard of care
applicable to the same type of design professionals performing similar work in the San
Francisco Bay Area . Services may only be performed by qualified and experienced personnel or
subconsu ltants who are not employed by the City and who do not have any contractual
re lationship with City , with the exception of this Agreement.
7 . ERRORS AND OMISSIONS :
Design Professional is so lely responsible for all of its or its subconsu lt ants ' errors and omissions
and must promptly correct any and all such errors and omissions at its sole expense . Design
Professional must also take appropriate measures to avoid or mitigate any delay , liability or
costs resulting from any such errors or omissions . This provision survives expiration or
termination of this Agreement.
8 . PROJECT COORDINATION :
A . City's Representative . The Director's authorized delegee , Capital Improvement
Program Manager, Katy Jensen , will be the City 's representative for all purposes under this
Agreement , serving as the Project Manager with authority to oversee the progress and
performance of Services under this Agreement. The City reserves the right to replace or provide
a substitute Project Manager at any time , and without prior notice to the Design Professional.
8 . Design Professional's Representative . Design Professional will assign a single
Project Executive , subject to City approval , with authority to receive and act on directions from
the City and responsibility for the progress and performance of Services under this Agreement.
The designated Project Executive is John Cahalan , Principal. If a substitute or rep la cement
Project Executive is required for any reason , the City must be notified of the need as soon as
possible , Design Professional 's designation of the individual proposed to serve as the substitute
or replacement will be subject to the Director 's prior written approval. Design Professional is not
entitled to compensation for the time required for the substitute or replacement Project
Executive to obtain sufficient knowledge of the required Services to fully assume the former
Project Executive 's responsibilities .
9. HOLD HARMLESS:
A. Indemnity Obligations Subject to Civil Code Section 2782 .8 . Design
Professional will , to the fullest extent allowed by law , with respect to all Services performed in
connection with the Agreement , indemnify , defend , and hold harmless the City and its officers ,
officials , agents , employees and volunteers (collectively , the "Indemnified Parties ") from and
against any and all liability , claims , actions , causes of action or demands whatsoever against
City of Cup e rtino
John Ca halan , Landscape Architect
Master Agreement for Landscape Arch it ectur e Se rvices for Various Pro je cts
Agreement
Page 3 of 12
any of them , including any injury to or death of any person or damage to property or other
liability of any nature (collective ly , "Liability "), that arise out of, pertain to , or relate to the
negligence , recklessness , or willful misconduct of Design Professional or Design Professional 's
employees , officers , officials , agents or subconsultants . Such costs and expenses sha ll include
reasonable attorney fees for legal counsel of City 's choice , expert fees and all other costs and
fees of litigation . Design Professional is not obligated under this Agreement to indemnify City to
the extent that any Liability is caused by the sole or active negligence or willful misconduct of
any of the Indemnified Parties . In addition to its indemnity obligations , Design Professional will
provide its immediate and active cooperation and assistance to the City , at no additional cost to
the City , in analyzing , defending , and resolving such Liability .
8 . Claims For Other Liability . For all liabilities other than those included within
paragraph (A) above , Design Professional will , to the fullest extent allowed by law , indemnify ,
defend , and hold harmless the Indemnified Parties against any and a ll liability , claims , actions ,
causes of action or demands whatsoever from and against any of them , including any injury to
or death of any person or damage to property or other liability of any nature , that arise out of ,
pertain to , or relate to the performance of this Agreement by Design Professional or Design
Professional's employees , officers , officials , agents or subconsultants . Such costs and
expenses shall include reasonable attorney fees for legal counsel of City 's choice , expert fees
and all other costs and fees of litigation . Design Professional will not be obligated under this
Agreement to indemnify City to the extent that the damage is caused by the sole or active
negligence or willful misconduct of the Indemnified Parties .
C. Claims Involving Intellectual Property. In addition to the obligations set forth in
paragraphs (A) and (8) above , Design Professional will indemnify , defend , and hold the
Indemnified Parties harmless from and against any claim in which an alleged violation of
intellectual property rights , including but not limited to copyright or patent rights , arises out of,
pertains to , or relates to Design Professional 's negligence , recklessness or willful misconduct
under this Agreement. Such costs and expenses will include reasonable attorney fees for legal
counsel of City 's choice , expert fees and all other costs and fees of litigation .
D . Survival. The requirements of this section survive expiration or termination of this
Agreement.
10 . INSURANCE :
On or before the commencement of the Term of this Agreement , Design Professional must
furnish City with certificates showing the type , amount , effective dates and dates of expiration of
insurance coverage required in this section . Such certificates , which do not limit Design
Professional 's indemnification obligations , must also contain substantially the following
statement "If any of the above insurance covered by this cert ifi cate is cance led before the
expiration date thereof, the insurer affording coverage will provide 30 days advance written
notice to the City of Cupertino , Attention : City Manager." Design Professional will maintain in
force at all times during the performance of this Agreement all insurance coverage required by
this Agreement with an insurance company that is acceptable to City and authorized to do
insurance business in the Sta te of Ca lifornia . Design Professional must also submit
endorsements with the certificates naming the City as additional insured in relation to the
commercial general liability and commercial automobile liability policies , as further specified
below .
A . Coverage . Design Professional must maintain the following insurance coverage
City of Cupertino
John Ca halan , Lands ca pe Architect
Master Agreement for Landscape Architecture Services for Various Projects
Agreement
Page 4 of 12
1 . Workers' Compensation:
Statutory coverage as required by the State of California . If Design
Professional is self-insured , it must provide its duly authorized Certificate
of Permission to Self-Insure .
2 . Liability:
Commercial general liability coverage in the following minimum limits :
Bodily Injury $500 ,000
each occurrence
$1 ,000 ,000
aggregate -all other
Property Damage $100 ,000 each occurrence
$250 ,000 aggregate
If submitted , combined single limit policy with aggregate limits in the
amounts of $1 ,000 ,000 will be considered equivalent to the required
minimum limits shown above .
3 . Automotive:
Commercial automotive liability coverage for owned , non -owned and
hired vehicles , in the following minimum limits :
Bodily Injury $500 ,000 each occurrence
Property Damage : $100 ,000 each occurrence
or
Combined Single Limit: $500 ,000 each accident
4 . Professional Liability:
Professional liability insurance which includes coverage for the
professional acts , errors and omissions of Design Professional in the
amount of at least $1 ,000 ,000 per claim and in the aggregate . The
professional liability insurance must include prior acts coverage , which
must rema in in effect for four years following the earlier of expiration or
termination of the Term of this Agreement.
B. Subrogation Waiver Each required policy must include an endorsement that
the insurer waives any right of subrogation it may have against the City or the City 's insurers .
Design Professional agrees that in the event of loss due to any of the perils for which it has
agreed to provide insurance , Design Professional will look solely to its insurance for recovery .
C. Failure to Comply . If Design Professional at any time during the Term of this
Agreement fails to secure or maintain the required insurance , City may obtain or maintain the
insurance in the Design Professional's name or on behalf of the Design Professional and will be
compensated by the Design Professional for the costs of the insurance premiums at the
maximum rate permitted by law and computed from the date written notice is received that the
premiums have not been paid .
D. Additional Insured Endorsements. City , its City Council , boards and
commissions , officers , officials , employees , agents and volunteers must be named as add itional
insureds under all insurance coverages , except any worker 's compensation and professional
liability in surance , required by this Agreement. Any add ition al insured will not be held liable for
City of Cupertino
John Cahalan , Landscape Architect
Master Agreement for Landscape Ar chite cture Services for Various Projects
Agreement
Page 5of12
any premium , deductible portion of any loss , or expense of any nature on this policy or any
extension thereof. Any other insurance held by an additional insured will not be required to
contribute anything toward any loss or expense covered by the insurance required under this
Agreement.
E. Sufficiency of Insurance . The insurance limits required by City are not
represented as being sufficient to protect Design Professional. Design Professional is advised
to co nfer with Design Professional's insurance broker to determine adequate coverage for
Design Professional.
11. INDEPENDENT CONTRACTOR:
City and Design Professional intend that the relationship between them created by this
Agreement is that of owner-independent contractor . The manner and means of providing the
Services are under the control of Design Professional , except to the extent they are limited by
statute , rule or regulation and the express terms of this Agreement No civil service status or
other right of employment will be acquired by virtue of Design Professional's performance of the
Services . None of the benefits provided by City to its employees , including , but not limited to ,
unemployment insurance , workers' compensation plans , vacation and sick leave , are available
from City to Design Professional , its employees or agents . Deductions will not be made for any
state or federal taxes , FICA payments , PERS payments , or other purposes normally associated
with an emp loyer -employee relationship from any payments due to Design Professional.
Payments for the above items , if required , are the responsibility of Design Professional.
12 . SUBCONSULTANTS:
Unless prior written consent from City is obtained , only those individuals and subconsultants
whose names are included in this Agreement , including the Exhibits hereto , may provide
Services under this Agreement. Design Professional must require all of its subconsultants
providing Services under this Agreement to comp ly with the terms and cond itions of this
Agreement. Any subconsultants employed by Design Professional must be required to furnish
proof of workers' compensation insurance and must also be required to carry general ,
automobile and professional liability insurance in reasonable conformity to the in surance
required for Design Professional.
13 . IMMIGRATION REFORM AND CONTROL ACT (IRCA):
Design Professional assumes any and all responsibility for verifying the identity and
employment authorization of all of its employees performing the Services , pursuant to all
applicable IRCA or other federal , or state laws , rules or regulations . Design Professional will
indemnify and hold City harmless from and against any loss , damage , liability , costs or
expenses arising from any noncompliance with this section by Design Professional.
14 . NON-DISCRIMINATION:
Consistent with City's policy that haras sment and discrimination are unacceptable employer or
employee conduct , Design Professional agrees that harassment or discrimination directed
toward a job applicant , an employee , a City employee , or any other person , by Design
Professional or Design Professional's emp loyees or subconsultants on the basis of race ,
religious creed , color , nationa l origin , ancestry , handicap , disability , marital status , pregnancy ,
City of Cupertin o
John Ca halan , Lands ca pe Architect
Master Agreement for Landscape Architecture Se rvi ces for Various Projects
Agreement
Page 6of12
sex , age , sexual orientation , or any other protected class if ication wi ll not be tolerated . Any
violation of this provision by Design Professional , its employees , subconsu ltants or agents
constitutes a material breach of this Agreement , and grounds for termination for cause .
15. PROHIBIT ION AGAINST TRANSFERS:
Design Professional will not assign , sublease , hypothecate , or transfer this Agreement , or any
interest therein , directly or indirectly , by operation of law or otherwise , without prior written
consent of City . Any attempt to do so without City 's consent will be null and void , and any
assignee , sub lessee , hypothecate or transferee will acquire no right or interest by reason of any
attempted assignment , hypothecation or transfer . The sale , assignment , transfer or other
disposition of any of the issued and outstanding capital stock of Design Professional , or of the
interest of any general partner or joint venturer or syndicate member or cotenant , if Design
Professional is a partnership or joint venture or syndicate or cotenancy , which results in
changing the control of Design Professional as a legal entity , will be construed as an
assignment of this Agreement Contro l means fifty percent (50%) or more of the voting power of
the business entity .
16 . PERMITS AND LICENSES :
Design Professional , at its sole expense , must obtain and maintain during the term of this
Agreement , all appropriate permits , certificates and licenses including , but not limited to , a City
Business License that may be required in connection with the performance of the Services .
17 . WORK PRODUCT:
A . Property Rights. Any interest (including copyright interests) of Design
Professional or its subconsultant(s) in any work product , document , report , draft , memoranda ,
map , record , plan , drawing , specification and other deliverab le , in any medium (collectively ,
"Work Product"), which has been prepared or created by Design Professional or its
subconsultant(s) pursuant to or in connection with this Agreement , will be the exclusive property
of City . No Work Product , informat ion or other data given to or prepared , created , or assembled
by Design Professional or its subconsu ltant(s) pursuant to this Agreement may be made
available to any individual or organization by Design Professional or its subconsultant(s) without
prior written approva l by City . A ll provisions of this section survive expiration or termination of
this Agreement
B . Copyright. To the extent permitted by Title 17 of U S Code , all Work Product
prepared or created under this Agreement is deemed works for hire and all copyrights in such
Work Product wi ll be the property of City . In the event that it is ever determined that any Work
Product prepared or created by Design Professional or any subconsultant under this Agreement
are not works for hire under federa l law , Design Professional hereby assigns to City all
copyrights to such Work Product when and as created . Subject to City 's prior written approval ,
Design Professional may retain and use copies of such Work Product for reference and as
documentation of its experience and capabi lit ies and in its promotional materials . With respect
to Design Professional's standard details , Design Professional may retain the copyright , but
grants to City a perpetual non -exclusive license to use such details in connection with the
Services .
C . Patents and Licenses . Design Professional must pay any and all royalties or
license fees required for authorized use of any third party intellectual property , including , but not
City of Cupertino
John Cahalan , Landscape Architect
Master Agreement for La nds cape Architecture Ser vi ces for Various Projects
Agreement
Page 7of12
limited to , patented , trademarked , or cop y righted intellectual property that it selects for
incorporation into the Services or W ork Product provided under this Agreement
D . Re -Use of Work Product. Without limiting any other City right to any of the
Work Product prepared or created by Design Professiona l or its subconsu ltant s , and subject to
the limitati ons of law , all Work Product prepared under this Agreement may be used or modified
by the City or its authorized agents in execut ion or implementation of
1. The original Services for which Design Professional was hired ;
2 . Comp letion of the original Services by others ;
3 . Subsequent additions to the original Services ; and/or
4 Other C ity projects
E . Deliverables and Format. E le ctronic and hard copies of Design Professional 's
Work Product will constitute the Project deliverables . Plans must be in CAD and PDF formats ,
and unless otherwise specified , other documents must be in Microsoft Office applications and
PDF formats . All written Work Product required to be provided by this Agreement (other than
la rge-sca le arch it ectura l plans and simi lar items) must be printed on recycled paper and cop ied
on both sides of the paper except for one original , which must be sing le-sided
18 . RECORDS :
Design Professional must maintain complete and accurate records with respect to sa les , cos ts ,
expenses , receipts and other such information required by the City that relate to the
performance of Services under this Agreement Design Professional must maintain adequate
records of Services provided in sufficient detail to permit an eva luation of the Services . All such
records must be maintained in accordance with generally accepted accounting principles and
must be clearly identified and readi ly accessible . Design Professional must provide free access
to such books and records to the City or its agents at all times during Design Professional's
normal business hours . Design Professional must give the C ity or its agents the right to examine
and audit those item s , and to make transcripts or copies as necessary , and to inspect all work ,
data , documents , proceedings and activities related to this Agreement. Such records , together
with supporting documents , must be kept separate from other documents and records which are
unrelated to this Agreement and must be maintained for a period of three years after receipt of
final payment from the City
If supp lem ental examination or audit of the records is necessary due to concerns raised by
C ity 's preliminary exam ination or audit of records , and the City 's supp lem ental exam ination or
audit of the records discloses a failure to adhere to appropriate internal financial controls , or
other breach of contract or failure to act in good faith , then Design Professional must reimburse
City for all reasonable costs and expenses associated with the supplementa l examinat ion or
audit. The requirements of this section sur viv e exp iration or termination of this Agreement
19. NOTICES :
All notices , demands , requests or approvals to be given under this Agreement must be given in
writing and will be deemed served when delivered personally ; or on the second business day
after the deposit thereof in the United States Mail , postage prepaid , registered or certif ied ; or
upon confirmation of delivery by a reputable overnight delivery service
City of Cupertino
John Cahalan , Lands ca pe Arc hite ct
Ma ster Agreement for Lands cape Ar c hite ctur e Ser vi ces for Var iou s Projects
Agreement
Pag e 8of12
A . To City . All notice s, demands , requests , or approv a ls from Design Profes sional
to City must be addressed to City at:
City of C upertino
10300 Torre Ave .
Cupertino CA 95014
Attention Katy Jensen , C I P Manager
8 . To Design Professional. All notices , demands , requests , or approvals from City
to Design Professional must be addressed to Design Professional at:
John Cahalan , Landscape Architect
15559 Union Avenue , Ste . 206
Los Gatos , CA 95032
Attention : John Cahalan , Principal
20 . TERMINATION :
A . Termination for Convenience . City may , at any time , acting in it s sole
discretion and without cause , terminate this Agreement for convenien ce by giving written notice
to Design Professional at least seven days before the effective date of the termination . If the
Agreement is terminated pursuant to this paragraph , the City will compensate Design
Professional for all Services satisfactorily performed prior to the effective date and time of th e
t e rmination , in accordan ce with this Agreement
8 . Termination for Cause . If Design Professional fails or refuse s to perform any of
it s duties under this Agreement at the time and in the manner required , Design Professional will
be deemed in default of this Agreement If the default is not cured or diligently attempted to be
cured by Design Professional within the time specified in the City 's written notice of default , or if
the Design Professional has otherwi se materially breach ed the Agre ement , the City may
terminate the Agreement for cause by giving written notice to Design Professional at least seven
days before the effective date of the termination , unless otherwise specified in the written notice
of default
C . Duties upon Termination . If the Agreement is terminated , whether for
convenience or cause , within seven days of the effective date of the termination , Design
Professional must promptly deliver to City copies of all Work Product , deliverables , or
documents prepared by Design Professional under this Agreement , including both print and
electronic versions . Full compliance with this requirement is a condition precedent to final
payment following termination . This paragraph survives termination of the Agreement
21 . LEGAL REQUIREMENTS :
Design Professional must comply with all applicable local , state or federal laws , rules and
regulations , and all ordinances , rules and regulations enacted or issued by City In addition , if
any of the Services provided under this Agreement are subject to prevailing wage requirements
under Labor Code Section 1720 et seq ., the following provisions apply to those Services :
A . Prevailing Wages . To the extent applicable , Design Professional must comply
with the City 's Labor Compliance Program and all other requirements set forth in Labo r Code
se ction 177 0 et seq .
City of Cupertino
John Ca halan , La nds c ap e Arc hitect
Mas t e r Agree me nt for Land sc ap e Arc hite cture Servi ces fo r Vari o us Pro jects
Agreem e nt
Pag e 9 of12
B. Working Day . To the extent applicable , Design Professional must comply with
California Labor Code Section 1810 , et seq . which provides that work performed by employee s
of contractors in excess of 8 hours per day , and 40 hours during any one week , must be
compensated as overtime , at not le s s than 1 1h times the basic rate of pay
C . Payroll Records . To the extent applicable , Design Professional must comply
with California Labor Code Section 1776 which requires certified payroll records be maintained
with the name , address , social security number, work classification , straight time and overtime
hours worked each day and week , and the actual per diem wages paid to each journeyman ,
apprentice , worker , or other employee employed by him or her in connection with this
Agreement The payroll records must be made available for inspection as provided in
California Labor Code Section 1776 .
D . Apprentices . To the extent applicable , Design Professional must comply with
California Labor Code Section 17 7 7 .5 regarding apprentices .
22 . DISPUTE RESOLUTION :
This Agreement will be interpreted under and enforced by the laws of the State of California
excepting any choice of law rules which may direct the application of laws of another
jurisdiction . The Agreement and obligations of the parties are subject to all valid laws , orders ,
rules , and regulations of the authorities having jurisdiction over this Agreement (or the
successors of those authorities). Any suits brought pur s uant to this Agre ement must be filed
with the Superior Court for the County of Santa Clara , State of California , and no other place . If
the parties engage in arbitration to resolve a dispute relating to this Agre ement , the arbitrator's
award must be supported by law and substantial evidence , and must include detailed written
findings of law and fact This section survives expiration or termination of the Agreement
23 . ATTORNEY FEES :
If the City initiates a legal action , including a complaint or cross -complaint , arising out of, relating
to or seeking the interpretation or enforcement of the terms of this Agreement , the prevailing
party will be entitled to reasonable attorney fees and costs , including the attorney fees and costs
for any arbitration , appeal , or enforcement of judgment This attorney fee provision does not
apply to legal actions initiated by the Design Professional. This section survives expiration or
termination of the Agreement
24 . ADVERTISEMENT:
Design Professional may not post , exhibit , display or allow to be posted , exhibited , displayed
any signs , advertising , posters or cards of any kind on City property performed under this
Agreement without prior written approval from the City .
25 . WAIVER:
A waiver by City of any breach of any term , covenant , or condition contained herein will not be
deemed to be a waiver of any subsequent breach of the same or any other term , covenant , or
condition contained herein , whether of the same or a different character .
City of Cupertino
John Cahalan , Lands c ap e Archit ec t
Mast er Agree me nt for Lands cape Archite cture Se rvi ces fo r Va rious Proj ect s
Agre e ment
Page 10 of12
26. THIRD PARTY BENEFICIARIES:
There are no intended third party beneficiaries of this Agreement
27 . RECITALS :
The parties agree that the above recitals , which are made part of this Agreement , are true and
correct
28 . INTEGRATED AND AMENDMENT:
This Agreement represents the full and complete understanding of every kind or nature
whatsoever between the parties hereto , and all preliminary negotiations and agreements of
whatsoever kind or nature are merged herein . No verbal agreement or implied covenant will be
held to vary the provisions hereof Any modification of this Agreement will be effective only by
written instrument signed by authorized representatives for both City and Design Professional. If
any provision of this Agreement is determined to be illegal , invalid , or unenforceable by a court
of competent jurisdiction , all remaining provisions will remain in full force and effect
29. CONFLICT OF INTEREST:
Design Professional warrants that it is not a conflict of interest for Design Professional to
perform the Services required by this Agreement. Design Professional may be required to fill
out a conflict of interest form if the Services provided under this Agreement require Design
Professional to make certain governmental decisions or serve in a staff capacity as defined in
Title 2 , Division 6 , Section 18700 of the California Code of Regulations
30 . GIFTS :
Design Professional is familiar with City 's prohibition against the acceptance of any gift by a City
officer or designated employee , as set forth in City Administrative Procedures . Design
Professional agrees not to offer any City officer or designated employee any gift prohibited by
the Administrative Procedures . Offering or giving a prohibited gift constitutes a material breach
of this Agreement by Design Professional. In addition to any other remedies City may have in
law or equity , City may terminate this Agreement for cause as provided in Section 20 of this
Agreement.
31 . INSERTED PROVISIONS :
Each provision and clause required by law to be inserted into the Agreement is deemed to be
enacted herein , and the Agreement will be read and enforced as though each were included
herein . If through mistake or otherwise , any such provision is not inserted or is not correctly
inserted , the Agreement will be amended to make such insertion on application by either party
32 . EXECUTION:
The person executing this Agreement on behalf of the Design Professional represents and
warrants that the Design Professional has full right , power , and authority to enter into and carry
out all actions contemplated by this Agreement and that he or she is authorized to execute this
Agreement , which constitutes a legally binding obligation of Design Professional. This
City of Cupertino
John Cahalan , Lands cape Ar chite ct
Mas t e r Agre e ment for Landscape Ar chite cture Servic es for Variou s Proje cts
Agreement
Page 11 of 12
Agreement may be executed in coun terparts , each one of which is deemed an original and all of
which , taken together , constitute a single binding instrument.
33 . HEADINGS :
The headings in this Agreement are for convenience only , are not a part of the Agreement and
in no way affect , limit or amplify the terms or provisions of this Agreement
IN WITNESS WHEREOF , the parties have caused the Agreement to be executed .
Name John Cahalan
Title : Owner/Principal
Date : q ( l / ( ~
Tax 10. No .: 546-78 -5482
Address 15559 Union Avenue , Ste . 206
Los Gatos , CA 95032
fDUZ1--~
Contract Amount : $175 ,000
Encumber by Service Order
City of Cu pertino
John Ca halan , Landscape Architect
CITY OF CUPERTINO
A Municipal Corporation
APPROVED AS TO FORM
Randolph Stevenson Hom , City Attorney
ATTEST
~~Afi
Agreement
Page12of12
Master Agreement for Landscape Architecture Se rvice s for Various Projects
Exhibit A
Scope of Services
Design Professional shall provide certain Landscape Architecture services as required and
requested by City .
Design Professional shall provide services under this Master Agreement on an "as needed "
basis and only (1) upon written request from City 's Director of Public Works or authorized Agent
as defined in Section 8 , Project Coordination and (2) as defined in a fully executed Service
Order .
Section 1-General Provisions
A Design Professional shall perform all services to the satisfaction of City 's Public Works
Director or authorized Agent
B Design Professional shall perform all services under this agreement to the currently
prevailing professional standards and quality found among Landscape Architecture Design
Professionals with similar knowledge and skill engaged in related work throughout California
under the same or similar circumstances .
C . Design Professional shall perform services under this Master Agreement only by
authorization of a fully executed Service Order which shall clearly provide the nature of the
specific services , the time limit within which such services must be completed , and the
compensation for such services . City shall incorporate each authorized and fully executed
Service Order into the terms and conditions of this Master Agreement
D . Design Professional shall begin work only after receipt of a fully authorized and executed
Service Order and shall execute the Project work as detailed in the Service Order .
Unauthorized services performed by Design Professional shall be at no cost to City
E. City shall designate a Project Manager for each fully executed Service Order under this
Agreement Design Professional shall coordinate the Service Order performance with City 's
designated Project Manager.
Section 2. Basic Services
As authorized by a fully executed Service Orde r , Design Professional shall provide Landscape
Architecture services for various City Public Works Projects in accordance with the following
Ci ty of Cup ertino
John Caha lan , Landscape Architect
Master Agreement for Landscape Architecture Serv ices for Various Projects
Exhibit A
Page 1 of 12
A . General Performance Requirements
For each assigned Project
1. Design Professional shall designate a Project manager and provide to City the
names of their team members for the Project The team members shall be satisfactory
to City Design Professional shall not substitute any team members without the prior
approval of City . City retains the right to reject team members assigned by Design
Professional or require replacement of team members .
2 . Design Professional shall effectively manage and administer the Project for the
efficient , progressive , and proactive delivery of the Project
3 . Design Professional s hall be responsible for managing and coordinating the work
of all sub -Design Professionals and subcontractors .
4 . Design Professional shall consult and coordinate with the City and communicate
with members of the Project team .
5 . Design Professional shall schedule meetings and p repare meeting agendas and
minutes for all Project meetings . All minutes of meetings are due to the City within ten
(10) calendar days after the meeting in a digital format and shall also be provided to
other appropriate agencies and entities , as directed by City .
6 . Design Professional shall communicate weekly with City 's assigned Project
Manager to provide an update on the current status of the Project and provide a brief
written summary report .
B . Specific Performance Requirements
For each assigned Project , Design Professional may provide any or all of the following tasks
and subtasks , as is required for the specific Project :
Task 1.0 Feasibility and Programming Study
1.01 For budget programming purposes , analyze a Project proposal to identify and describe
initial Project goals and objectives , develop a scenario to address Project goals and
objectives , Project delivery process , and cost estimate to deliver the proposed Project
Task 2.0 Predesign and Conceptual Design
2.01 Background Data Assembly : Design Professional shall review Project data provided
by the City including , but not limited to topographic survey , geotechnical report s, traffic
City of Cupertino
John Cahalan , Lands cape Ar c hit ect
Ma st e r Agree me nt for Landsc ap e Arc hitectur e Se rvi ces for Various Project s
Exhibit A
Pag e 2of12
studies , CEQA documents , other environmental studies , tree surveys , arborist 's reports ,
approved Master Plan , or other such data . The Design Professional shall be entit led to
reasonably rely upon the accuracy and sufficiency of any information provided to the
Design Professional by the City or the City 's agents
2.02 The Design Professiona l shall identify discrepancies or shortcomings among the existing
data , and identify solutions for resolution , and propose generation of additional site
information necessary to provide an accurate Project base map .
2.03 The Des ign Professiona l shal l uti lize existing data to the extent possib le and inform the
City immediate ly of prob lems associated with using existing data for Project base
information
2.04 Base Sheet Preparation: The Design Professional shall compile survey and other data
as made available into a base sheet create Project base information in AutoCAD 2015
for use in subsequent Project design tasks and submit to the City for review and
comment The base information shall utilize topographic survey as furnished by the City
or by the Design Professional , according to the agreement.
2.04 Outreach : Design Professional shall conduct outreach with groups as identified by the
City to establish design program .
2.05 Conceptual A lternative Deve lopment: Design Professional sha ll prepare three (3)
hand drawn , color rendered conceptua l solutions for the Project , each which address the
primary Project issues and budget
2.06 Staff Review : Design Professional shall present each concept to the City with analysis
for evaluation . The City shall select one concept as the preferred solution and provide
the Design Professiona l with written direction to proceed with that concept.
2.0 Deliverables : (a ll deliverables digita l unless otherwise noted)
2 01 Source Document Listing
2 02 Base sheet
City of Cupertino
John Ca halan , Landscape Architect
Ma st er Agreement for Landsca pe Archite cture Se rvi ces for Various Projects
Exhibit A
Page 3of12
2 03 Meeting Summary
2 04 Scanned pdf's and one (1) hardcopy of each
2 05 Meeting Summary
Task 3.0 : Schematic Design
3.01 Meetings : The Design Professional shall participate in two (2) design team meetings with
representatives of the City during the Schematic Design phase and provide written
meeting minutes to the City within two (2) business days
3.02 Schematic Plan : The Design Professional shall prepare a hand drawn color rendered
schematic design , incorporating input from City on the previous conceptua l designs .
Plans sha ll be submitted to City with other Design Development Documents as noted
below .
3.03 Costs, Schedule and Code Compliance: Design Profess ional shal l prepare a
Schematic cost estimate for the schematic plan presented , a design and construction
schedule , and a written preliminary code requ irement summary
3.04 Parks and Recreation Commission Presentation : Design Professional sha ll prepare
for and present the recommended design and the previous concepts to the Parks and
Recreation Commission .
3 .05 Council Presentation: Design Professional shall revise the Conceptual design per the
P&R Commission input and prepare for and present the recommended Conceptual
Design to City Council.
3.0 Deliverables: (all deliverables digital unless otherwise noted)
3 01 Meeting Summaries
3 .02 Scanned pdf and one (1) hardcopy
3 .03 Est imate , schedule and code comp liance summary
3.04 PowerPoint , larg e format presentation materials
3 .05 PowerPoint , larg e format presentation materials
City of Cupertino
John Ca halan , Lands cape Architect
Master Agreement for Lands ca pe Architecture Se rvi ces for Various Proje cts
Exh ibit A
Page 4 of 12
Task 4 . O Design Development
4 .01 Meeting : The Design Professional shall participate in one (1) design team meeting with
representatives of the City during the Design Development phase and provide written
meeting minutes to the City within two (2) business days
4 .02 Design Development Plan (35% Submittal): Using the City approved schematic plan
as a starting point , The Design Professional shall prepare Design Development Plans
and submit them to the City for approval. The plans shall be prepared digitally (CAD
files) and shall be a refinement of the schematic plan . The plans shall be formatted per
City standard s and draft plan view sheets for all items of work (demolition , earthwork ,
site construction irrigation , planting , details) shall be included . Plan s s hall be submitted
to City with other Design Development Documents as noted below .
4 .03 Desig n Development Specifi cation s: Th e Des ign Profe s sional s ha ll pre pare De s ign
Dev e lopment specifi cation s for the de s ign d e ve lopment drawing s . The specification s
shall indicate proposed organi z ation and sections anticipated based on the Design
Development drawings .
4 .04 Costs , Schedule and Code Compliance : Design Professional s hall prepare a Design
Development cost estimate for the submitted plans and specifications , an updated
design and construction schedule , and an updated code compliance review .
4 .05 Furnishings and Materials Booklet : Design Professional shall as semble images , details ,
catalog cuts , etc . that further convey design intent Booklet to be in 8-1 /2 X 1 format ,
bound , with document name , Project name and date clearly indicated .
4 .0 Deliverables : (all deliverables digital unless otherwise noted)
4 01 Meeting Summary
4 02 pdf files and three (3) full size plan sets
4 .03 Specification outline
City of Cup e rtino
Jo hn Cahal a n , Land scap e Archite ct
Mas t e r Agr ee me nt for La ndsca pe Arc hit ecture Se rvi ces fo r Variou s Proj ect s
Exhibit A
Pag e 5 of1 2
4 04 Updated estimate , schedule and code compliance summary in pdf and three (3)
hardcopies of each
4 05 pdf files and three (3) 8-1 /2 X 11 bound hardcopies
Task 5.0 Construction Documents
5 .01 Meetings : The Design Professional shall participate in three (3) design team meetings
with representatives of the City during the Construction Document phase and provide
written meeting minutes to the City within two (2) business days .
5 .02 60% Plan Preparation: The Design Professional shall prepare 60% Construction
Documents and submit them to the City for approval. The 60% Construction Documents
shall be a refinement of the Design Development drawings and shall include any sheets
not previously submitted (erosion control , draft details , water use calculations , etc)
Plans shall be submitted to City with other 60% submittal documents as noted below
5.03 60% Specifications: The Design Professional sha ll prepare 60% Construction
specifications for the design development drawings The specifications shall reflect the
detail of the 60% Construction drawings . The Design Professional shall format its
specifications to City 's Standard Specification provided by the City at the beginning of
the Project. The Design Professional shall assist the City in the development and
preparation of the Project Manual that includes the Conditions of the Contract for
Construction , Specifications , qualifications for prime and designated sub -contractors ,
bidding requirements and sample forms
5 .04 60% Costs, Schedule and Code Compliance: The Design Professional shall prepare
a 60% Construction Document cost estimate for the submitted plans and specifications ,
and an updated code compliance review and schedule based on the submitted
documents
5 .05 95% Plan Preparation : Design Professional shall prepare 95% plans , incorporating the
CITY comments from the 60% Construction Document submission into the 95%
Construction Document plans . Plans shall be submitted to City with other 95% Submittal
Documents as noted below .
City of Cuperti no
John Ca halan , Landscape Architect
Master Agreement for Landscape Ar c hite c tur e Se rvi ces for Various Projects
Exhibit A
Page 6of12
5.06 95% Specifications : Design Professional shall assist the City in the development and
preparation of the Project Manual that includes the Conditions of the Contract for
Construction , Specifications , qualifications for prime and designated sub-contractors ,
bidding requirements , add alternatives , and sample forms Design Professional shall
format its specifications to City 's Standard Specification sections .
5 .07 95% Costs, Schedule and Code Compliance: Design Professional shall prepare a
95% cost estimate for the 95% plans , shall update the Project schedule and shall update
the code compliance determination .
5 .08 Permit Application : Design Professional shal l submit 95% Construction Document
Package to the City of Cupertino Building Department for building permit review . The
Building Department submittal shall include a ll applicable reports and ca lcu lation s
required to obtain a City building permit for the Project .
5.09 100% Plan Preparation: The City sha ll provide written comments on the 95% Construction
Documents and the Design Professional shal l incorporate comments into the 100% plans ,
specifications , and cost estimate .
5 .1 O 100% Costs, Schedule and Code Compliance: The Design Professional shall submit a
100% Construction Document Estimate of Probable Cost to the City according to the
Appendix D minimum requirements .
5 .1 o 100% Submittal : The Design Professional shall submit the 100% Construction Document
drawings , specifications , and code comp lian ce review to the City along with all other City
requirements to the C ity of Cupertino Building Department and obtain a building permit for
the Project
5.0 Deliverables : (all deliverables digital unless otherwise noted)
5 01 Meeting Summaries
5 .02 pdf files and three (3) full size plan sets
5 03 Technical Specifications in Word and three (3) bound 8-1/2 X 11 sets
City of Cupertino
John Ca halan , Land scape Architect
Master Agreement for Lands cape Architecture Serv ices for Various Projects
Exhibit A
Page 7of12
5 04 Updated estimate , schedule and code comp lian ce summary in pdf and three (3)
hardcopies of each
5 05 pdf files and three (3) full size plan sets
5 .06 Technical Specificat ions in Word and three (3) bound 8 -1/2 X 11 sets
5 07 Updated estimate , schedule and code compliance summary in pdf and three (3)
hardcopies of each
5 08 permit application as pdf and hardcopies as required for processing
5 09 pdf files and three (3) full size hardcopies of listed items+ one stamped signed record
set of plans and specifications
510 pdf files and hard cop ies as requested by City
Task 6.0: Bid and Award
6.01 Bid Period Assistance: Design Professional sha ll provide the following bid phase
services , at the City 's request , through award of the construction contract
a . Attend the general contractor pre -bid meeting .
b Respond to bidders ' questions until the question cutoff period identified in the
bid documents package .
c . Assist in the evaluation of bids as requested by the City
6.02 Addenda Preparation: Design Professional sha ll update the Construction Document
package to include all addenda issued during the Bid process and submit a Conformed
Set of drawings and specifications to the City within ten (10) days of the contract award
by the City Council.
6.0 Deliverables: (all deliverables digital unless otherwise noted)
A . The Design Professional shall provide two (2) complete wet signed , stamped Conform
Sets of Construction Documents and Technical Specifications that includes the 100%
Construction Documents Package and all bid addenda . The submitted documents sha ll
be in reproducible , hard copy format.
City of Cupertino
John Ca halan . Landscape Architect
Master Agreement for Landscape Ar chitecture Services for Various Projects
Exhibit A
Page 8 of 12
B. The Design Professional sha ll provide two (2) comp lete electronic format Conform Set
Construction Documents and Technical Specifications in both native file formats
(AutoCAD , MS Word) and pdf on a C ity compatib le CD/DVD ROM disk media .
Compatibility with the City hardware shall be verified by the Design Professional prior to
final submission .
Task 7.0: Construction Administration
Design Professional's responsibility to provide the Construction Administration Services
commences with the construction contract award and ends with submission of the final Project
Punch List. Design Professional shall advise the City , in writing , of any construction items that
are not in conformance with the Contract Documents . Design Professional shall have
reasonable access to the construction of the Project wherever it is in preparation or progress as
appropriate to meet its obligations under this Agreement. Duties , responsibilities and limitations
of authority of Design Professional under this Task sha ll not be restricted , modified or extended
except by advance , written agreement between City and Design Professional.
7 .01 Submittal Review: The Design Professional shall review and approve or reject the
Contractor's submittals within five (5) working days of receipt. The Consultant may
request additional review time for particularly complex or unusual submittals . The City
shall not grant additional review time for standard construction item submittals . The
Design Professional shall maintain a detailed record of all submittals and content
supplied by the Contractor .
7.02 Requests for Information : The Design Professional sha ll review Contractor Requests
for Information and provide a written response to the Contractor with a copy to the City ,
within five (5) working days of receipt. The Design Professional's response shall provide ,
with advance City approval , supplemental drawings and/or specifications necessary to
clarify the RFI
7.03 Change Orders: Design Professional shall review and advise the City on requests by
the City or Contractor for changes in the construction of the Project. The Design
Professiona l sha ll review City prepared Contract Change Orders shall , where necessary ,
City of Cupert ino
John Ca halan , Landscape Archit ect
Ma st er Agreement for Landscape Architecture Services for Various Projects
Exh ibit A
Page 9of12
prepare Drawings and Specifications to describe Work to be added , deleted or modified .
The Design Professional shall maintain all records relative to changes in the construction .
7 .04 Construction Meetings : The Design Professional shall attend bi -weekly construction
meetings , provide site observation and provide a summary report of the visit The goal of
these site visits is to become familiar with the progress and quality of construction ,
observe defects and deficiencies .
7 .05 Performance Evaluations : The Design Professional shall prepare bi -monthly
Contractor Performance Evaluations at the City 's request and submit to the City for
review and comment prior to distribution to the Contractor The Design Professional shall
deliver the City approved performance evaluation to the Contractor .
7 .06 Claims and Disputes : The Design Professional shall advise the City on claims , disputes
or other matters in question between the City and Contractor The City shall be the final
arbiter in all such matters .
7 .07 Site Meetings : The Design Professional shall attend up to two (2) additional site
meetings in the Construction Administration phase and provide meeting minutes to the
City within two (2) business days .
7 .08 Filing Warranties : Design Professional shall obtain from the Contractor and forward to
the City , for the City 's review and records , written warranties and related documents
required by the Contract Documents and assembled by the Contractor , and shall issue a
Punch List which denotes the portion of the work of the Project that needs to be
completed by the Contractor based upon a final observation indicating the construction of
the Project is in general accordance with the requirements of the Contract Documents .
7 .09 Substantial Completion: When the construction of the Project is found to be
substantially completed by Design Professional , Design Professional shall advise the City
about the balance of the Project construction to be completed and recommend the
amount to be paid the Contractor, including any amounts estimated needed to pay for
Final Completion or correction of the construction work .
City of Cupertino
John Cahalan , Lands cap e Arc hite ct
Ma st e r Agre e ment for Lands cap e Ar c hit ec ture Se rvi ce s for Vari o us Proj ect s
Ex hibit A
Pag e 10 of12
7.10 Final Completion : Design Professional 's observations for Final Completion shall be
conducted with the City 's designated representative to check conformance of the
construction of the Project with the requirements of the Contract Documents and to verify
the accuracy and completeness of the list submitted by the Contractor of work to be
completed or corrected .
7 .11 Record Document Preparation and Project Close -Out:
a . Design Professional shall review the Contractor 's checklist for completion of all
required Contractor submittals and shop drawings as indicated in the Contract
Documents .
b . Design Professional shall review Contractor -supplied operation and maintenance
manuals for completeness as noted in the Contract Documents .
c . Design Professional shall review contractor warranties as noted in the Contract
Documents .
d . Design Professional shall review final pay request from Contractor for accuracy as
noted in the Contract Documents .
e . Design Professional to complete all work necessary to achieve LEED Silver
Certification .
7 .0 Deliverables (all deliverables digital unless otherwise noted)
7 01 Submittal package containing all original submittals , responses , and final approved
submittals
7 02 Original RFI and Design Professional response
7 03 Change order review , drawings , and specifications produced to accompany change
order
7 04 Weekly site visit report
7 05 Performance evaluation
7 06 Claim/Dispute Report
7 07 Meeting minutes
City of Cupertino
John C ahalan , Lands cape Archite ct
Ma st er Agree ment for Lands cape Archite ctur e Servi ces for Variou s Pro j ect s
Exhibit A
Pag e 11 of 12
Task 8.0: Additional Services
Design Professional services not specifically identified in the Scope of Services shall be
considered Additional Services . At the City 's request , the Design Professional shall provide a
fee proposal for specific additional services consistent with the professional rate schedule in
Exhibit B .
City of Cupertino
John Cahalan , Landscape Architect
Master Agreement for Landscape Architecture Services for Various Projects
Exhibit A
Page 12of12
Exhibit B
Service Order Form
Each Service Order for work under this Master Agreement shall be initiated and executed as
provided for in the Master Agreement , Section 2 A , Service Order Development An exemplar
of the Service Order form follows
City of Cupertino
John Cahalan , Landscape Architect
Master Agreement for Lands cape Architecture Services for Various Projects
Exhibit b
Page 1 of 3
City of Cupertino
MASTER AGREEMENT FOR CONSULTANT SERVICES
MASTER AGREEMENT
PO #:
SERVICE ORDER
Service Order No .:
Maximum Compensation:...__ _____ _
Term: NTP:
Approval by: C it y Manager D
C ity C oun c il D
Consultant: ( r1(111l e)
(s tr ee t addr ess )
(c ity , s tat e, zip)
C onta c t Name :
PROJECT DESCRIPTION
Project Name:
End Date:
Dir e ctor D
ft e m N umbe r :
Phon e:
Ooesc ription : (s illlpl t' proje ct description if appropriate )
---
Date :
Da te :
0Attac hment A : Inc lud es Descr ipti on of Proj ec t, Scope of Se r v ice, Sc hedul e of Pe rforman ce a nd
C ompens ation
CITY PROJECT MANAGEMENT
Managing
Department: Pub li c Works
~----~~-~~~
C it y llf C u pe rtin 1 >
Meiste r Ag r ee m e nt
Proj e ct Manage r:
~~~-~~-~~~---
r age I of 2 Se r v ice O r de r ll . I
City of Cupertino
MASTER AGREEMENT FOR CONSULTANT SERVICES
SERVICE ORDER
BUDGET I FISCAL
A mount
Master Agreement Maximum Compensation: $0
Previou s ly E n c umb e red on MA :
5 .0 . # -(c hnrge ncc t no .) -(project nnm e) $0
---------~ ~-----------·-------------
5 .0. # -( c/111rgc acc t no .) -(proj ect nn111 e)
To t a l Prev io u s ly En c umb e re d to Date:
C u rre nt U n e n c umb e re d a mount in MA:
Encumbrance:
5 .0 . # -( c/inrge ncct no .) -(projec t nnm e)
Tota l En c umbered to Date in c l udin g thi s 5.0.:
Maste r Agree m e nt Balance :
Co ntr ac t Da te:
APPROVALS
Co n s u I tan t: Date:
Direc tor o f Pub lic Work s: D a te:
Appro pri a tion Ce rtifi ca tion : I h e re by ce rtify th a t a n un ex p e nd e d a ppropri a tion is
a va il abl e in th e a bo ve fund for th e abo ve co ntr ac t as es tim a te d a nd thcit fund s a re ava i lab le
as of thi s cfate of s ignature.
C ity Finan ce: Date :
Managem e nt A n a lys t
$0
$0
$0
$0
$0
$0
C ity of C upe r tino
M,1st e r Ag f'L'e 111 e n t SL'r v icl' Order No. I
EXHIBIT C
COMPENSATION
Capitalized terms which are defined in the Agreement have the same meaning in this Exhibit C
The City will compensate the Design Professional for satisfactory performance of duly
authorized Services , based on the hourly rate(s) set forth below . The hourly rates are deemed
to include all costs including , salary , wages , benefits , taxes , insurance , and the like paid to or on
behalf of each individual providing the Services , and are also deemed to include profit ,
overhead , vehicle , equipment and supply costs and the like . The hourly rates do not in c lude
reimbursable expenses , which are addressed below These hourly rates will remain in effect for
the Term of the Agreement unless changed by written amendment to the Agreement Total
compensation for Services provided pursuant to a Service Order , including reimbursable
expenses , may not exceed the maximum compensation authorized under the Service Order .
Design Professional Hourly Rates:
Principal
Landscape Architect 1
Project Assistant 1
Project Assistant 2
AutoCAD Design
Reimbursable Expenses:
$ 165
$ 130
$ 110
$ 95
$ 110
Reimbursable expenses include the cost of items , other than direct labor , specifically required to
perform the Services , excluding normal business operating expenses and overhead , which are
included in the direct hourly rates set forth above . City will compensate Design Professional for
such reimbursable expenses only with prior written authorization by the individual designated as
the City Representative in Section 8 , Project Coordination , of the Agreement The City will
reimburse the Design Professional for allowable reimbursable expenses for the documented
actual cost only , with no surcharge or markup for Design Professional administration .
Reimbursable expenses must be separately identified on the Design Professional invoice and
documentation of each reimbursable expense must be submitted to the City upon request and
maintained as required under Section 18 , Records , of the Agreement Allowed reimbursable
expenses include , but are not limited to :
• Individual or multiple document reproductions that exceed 50 pages ;
• Drawing or bid set reproductions ;
• Special software required by City specifically for a project , excluding standard software
programs such as Microsoft Office suite applications (i.e . Word , Excel , PowerPoint ,
Project , etc .); Adobe Acrobat ; or standard photo editing programs.
• Travel expenses to the extent allowed by City policy , and subject to any limitation on
allowable travel expenses under a Service Order , with mileage reimbursed per the
cu rrent IRS standard mileage rate at the time of travel ;
City of Cupertino
John Caha lan , Landscape Architect
Master Agreement for Landscape Architecture Serv ices for Various Projects
Exhibit C
Page 1 of 2
• Subconsultants required by project scope of services ;
• Safety equipment required by City policy or the project scope of services ;
• Mass mailing notifications ;
• Special expenses for public meetings , such as refreshments , interpreters , security , valet
parking , facility rental , tents or booths , ease ls , markers , paper , presentation equipment.
END OF EXHIBIT
C ity of Cupertino
John Ca halan , Lands cape Architect
Master Agreement for Landscape Architecture Serv ices for Various Projects
Exhibit C
Page 2 of 2
City of Cupertino
MASTER AGREEMENT FOR CONSULTANT SERVICES
MASTER AGREEMENT
M A #: 2017-~ l +
Maximum Compensation:
SER\TICE ORDER
Service Order #: 1
$175,000.00
~~ }()ll~ O\l.{'
/Jr; 2(J I '.'.f-26b~
Term:NTP: September 1, 2016 End Date: August 31, 2018
Approval by: City Manager D Director l•I Date: 9/15/2016
City Council D Item#: ____ _ Date:
Consultant: Firm Name: John Cahalan, Landscape Architect
Street: 15559 Union Avenue, Ste . 206
City, State, Zip: Los Gatos, CA 95032
Contact Name: John Cahalan, Principal
PROJECT DESCRIPTION
Phone: (408) 358-5122
Project Name: De Anza Blvd. Medians Renovation-Phase 1 (Bollinger-Rodrigues)
[]Description: (simple project description if appropriate)
[!]Attachment A: Includes Description of Project, Scope of Service, Schedule of Performance and
Compensation
CITY PROJECT MANAGEMENT
Managing
Department:
City of Cupertino
Master Agreement
Public Works Project Manager: _K_a_ty_J_e_ne_n_..,,.f?J-' -------
\
Page 1 of2 Service Order No. 1
City of Cupertino
MASTER AGREEMENT FOR CONSUL TANT SERVICES
SERVICE QRQER
BUDGET/ FISCAL
Master Agreement Maximum Compensation:
Previously Encumbered on MA:
s.o. # _________________________ _
s.o. # ________________________ _
5.0. # ________________________ _
5.0. # ________________________ _
s.o. # _________________________ _
5.0. # ________________________ _
5.0. # ________________________ _
5.0. # ________________________ _
5.0. # ________________________ _
5.0. # ________________________ _
Amount
$ 175,000.00
Total Previously Encumbered to Date: $ 0.00 -----Current Unencumbered amount in MA: $ 175,000.00
Encumbrance:
5.0. # 1 -De Anza Blvd. Medians Renovation-Phase 1 -270-90-961-900-905 $107,605.00 i,/
"'::>T pv~t ·~~ Total Encumbered to Date including this S.O .: $107,605.00
Master Agreement Balance: $67,395.00
Contract
Manager: JG& ~ C>ra --,1--1-r-:.27~"-1-,.....___.-.........,""=,----Date:
;;.
APPROVAL~· . ,
Consultant: Date: s/1 ~ / l , --------
Director of Public Works: ..,.~.,,,/;?~ Date: __ ~.,...~--/"__,1,,..~-/-~--_
Appropriation Certification: I hereby certify that an unexpended appropriation is
available in the above fund for the above contract as estimated and that funds are av ailable
as of this date of signature.
City Finance :
City of Cupertino
Mas ter Agreement Page 2 of 2
Date:
Service Order No. 1
ATTACHMENT A
A-1
SCOPE OF SERVICES
Design Professional shall perform professional landscape architectural services as detailed
in the following sections to produce design and construction documents and bidding and
construction administration services for Phase 1 -De Anza Boulevard Medians (formerly
-------r.eferredio-as--Phase-2-)-irrthe--"ee--Anza---Medians-l:andscape-Design---Manuarprepared-by
John Cahalan, Landscape Architect, dated October 28, 2016.
Section 1 -General Provisions
1.1 Project Description: Design Professional shall produce design and construction
documents to implement the median island landscape improvements on De Anza
Boulevard in accordance with the De Anza Medians Design Manual, for the medians
between Bollinger and Rodrigues Roads. Landscape improvements will include the
removal of failing trees, and related understory landscaping, irrigation and wood
trellises, and the installation of new landscaping and irrigation, metal screens and
trellis structures, and landscape accent and holiday lighting. The base sheets will
include a total of three (3) CAD backgrounds, 22" x 34" size. The drawing set is
estimated at a total of thirty-one (31) sheets of construction documents (see sheet
index exhibit).
1.2 Project Construction Budget: The amount available for project construction is
$877,000 including contingencies for design , bidding, and price escalation. Design
Professional shall design the project not to exceed this budget for the construction
contract.
1.3 Design Professional shall begin work only after receipt of a fully authorized and
executed Service Order and shall execute the Project work as detailed in the Service
Order.
1.4 Design Professional shall provide services required to complete the tasks identified
in the Scope of Services. The performance of services by Design Professional shall
be to the satisfaction of the City, according to the project scope of services and the
standard of care provisions contained in this agreement.
1.5 Design Professional shall coordinate the project scope of services with City, other
City consultants, contractors or agencies as need or directed by the City.
1.6 The City's Department of Public Works shall manage the Project and shall designate
a Project Manager who will manage the project and this Service Order. Design
Professional shall receive project direction only from the Project Manager. The City
shall resolve conflicting direction from other groups, departments or agencies.
1.7 The Design Professional shall coordinate the project scope of services with the City,
other City consultants, contractors or agencies as needed or directed by the City.
De Anza Blvd .Medians Landscape Improvements-Phase 1
John Cahalan, Landscape Architect (MA 2017-255 / SO 1)
City of Cupertino
Exhibit A
Page 1 of 10
ATTACHMENT A
1.8 Estimate of Probable Construction Cost:
A)
8)
C)
D)
E)
F)
G)
The Design Professional shall design the Project so the Estimate of Probable
Construction Cost is less or equal to the Project Construction Budget in 1.2
above.
Design Professional, in consultation with the City , shall (a) include
contingencies for design, bidding, and price escalations to determine which
materials, equipment, component systems and type of construction are to be
included in the Project, and (b) make reasonable adjustments and/or to value
engineer various items in Estimates of Probable Construction cost submitted
in conjunction with the Project.
Design Professional shall update the Estimate of Probable Construction Cost
with each project milestone and clearly identify changes from the previous
estimate.
Design Professional shall advise the City in writing of adjustments to previous
Estimates of Probable Construction Cost indicated by changes in Project
requirements or general market conditions.
If, at any time prior to bid, the Estimate of Probable Construction Cost
exceeds the Construction Budget identified in 1.2 above, Design Professional
shall revise the design and/or Construction Documents at no additional cost
to the City. It is understood that reductions in scope may be required to meet
the Construction Budget, and the City shall not unreasonably withhold
permission for project scope reductions to meet the Construction Budget.
However, scope and quality changes shall be made in writing and approved
by the City, in advance of any work.
Any program, design, or budget changes initiated and authorized in writing by
the City and beyond Design Professional's control that require a revision to
the Estimate of Probable Construction Cost to meet the Construction Budget
in 1.2 shall be considered Additional Services as noted in Exhibit C of this
Agreement.
If the lowest responsive contractor bid exceeds the Construction Budget in
1.2 by more than fifteen percent (15%), Design Professional shall, without
additional cost to the City , and only by advance, written City direction, revise
the Construction Bid Documents to align the construction costs with the
Construction Budget. The City acknowledges that the Design Professional
does not control market conditions and agrees that reductions in scope may
be necessary to meet the CITY's construction budget.
1.9 Design Professional shall assist the City with filing permit documents required by
governmental authorities having jurisdiction over the Project, including the City's
Building Department, if required .
1 .10 Deliverables identified in each Task provide the basis for fee compensation. Any
deficiencies in the minimum work items identified shall cause the City to reject the
De Anza Blvd .Medians Landscape Improvements-Phase 1
John Cahalan, Landscape Architect (MA 2017-255 / SO 1)
City of Cupertino
Exhibit A
Page 2 of 10
ATTACHMENT A
entire submission, require the Design Professional to make appropriate corrections,
and resubmit , at no cost to the City. Earned value for submissions according to the
Exhibit C, Compensation Schedule shall not be considered until the Task
Deliverables are accepted by the City.
Section 2 -Basic Services
A. Specific Performance Requirements
Design Professional may provide any or all of the following tasks and subtas~ as ,s
required for the specific Project.
Task 1.0 Topographic Survey/ Design Development
1.01 Topographic Survey: Design Professional shall provide a topographic survey,
prepared by a licensed land surveyor of the areas bounded by the previously
described Phase 1 project limits. Plan will be prepared at 1"=20'-0" scale and will
indicate the curbs and gutters along the medians and either side of De Anza Blvd.
This plan will be prepared digitally (CAD files) and will serve as the background for
the Design Development plans and Construction Documents.
1.02 Site Reconnaissance: Design Professional shall conduct a site visit with City
representative(s) to verify utilities location and services, to the extent feasible, to
assist with determining the requirements for the new improvements.
1.03 Meeting: Design Professional shall participate in one (1) design team meeting with
representatives of the City during the Design Development phase and provide written
meeting minutes to the City within two (2) business days.
1.04 Design Development Plans (35% Submittal): Using the City approved concept
plan and the "De Anza Medians Landscape Design Manual" dated October 28, 2016,
as a starting point, the Design Professional shall prepare Design Development Plans
and submit them to the City for approval. The plans shall be prepared digitally (CAD
files) and shall be a refinement of the concept plans. The plans shall be formatted
per City standards and include plan view sheets for all items of work (demolition,
earthwork, site construction, irrigation, planting, details) shall be included.
1.05 Design Development Specifications: Design Professional shall prepare Design
Development specifications for the design development drawings. The specifications
shall indicate proposed organization and sections anticipated based on the Design
Development drawings.
1.06 Cost and Schedule: Design Professional shall prepare a Design Development cost
estimate for the submittal plans and specifications, an updated design and
construction schedule and an updated code compliance review.
1.07 Furnishing and Materials Booklet: Design Professional shall assemble images,
details, catalog cuts, etc. that further convey design intent. Booklet to be in 8.5" x
11" format, bound, with document name, Project name and date clearly indicated.
De Anza Blvd .Medians Landscape Improvements-Phase 1
John Cahalan, Landscape Architect (MA 2017-255 I SO 1)
City of Cupertino
Exhibit A
Page 3 of 10
ATTACHMENT A
1.08 City Review/Comment/Direction: Design Professional shall meet with City staff
(see 1.02 Meeting above} to review and discuss the design development plan,
proposed materials, and cost estimate. City shall provide comments on the design
and direction to proceed with the Construction Documents phase if satisfied with the
design and cost information.
1.0 Deliverables: (all deliverables digital unless otherwise noted)
1.01 pdf files of Topographic Survey
1.02 Meeting summary
1.03 pdf files of Design Development plans
1.04 Specification outline
1.05 Updated estimate and schedule in pdf
1.06 pdf files of materials booklet
Task 2.0 Construction Documents
2.01 Meetings: Design Professional shall participate in three (3) design team meetings
with representatives of the City during the Construction Document phase and provide
written meeting minutes to the City within two (2) business days.
2.02 60% Plan Preparation: Design Professional shall prepare 60% Construction
Documents and shall submit them to the City for approval. The 60% Construction
Documents shall be a refinement of the Design Development drawings and shall
include any sheets not previously submitted (details, water-use calcs., etc.). Plans
shall be submitted to the City with other 60% submittal documents as noted below.
2.03 60% Specifications: Design Professional shall prepare 60% Construction
Specifications for the design development drawings. The specifications shall reflect
the detail of the 60% construction drawings. Design Professional shall format its
specifications to the City's Standard Specification provided by the City at the
beginning of the Project. Design Professional shall assist the City in the
development and preparation of the Project Manual that includes the Conditions of
the Contract for Construction, Specifications, qualifications for prime and designated
contractors, bidding requirements and sample forms.
2.04 60% Costs and Schedule: Design Professional shall prepare a 60% Construction
Document cost estimate for submitted plans and specifications, and an updated
schedule based on the submittal documents.
2.05 60% City Review/Comment/Direction: City staff shall review the 60% Construction
Document submittal and provide written comments within ten (10) working days of
the submission.
De Anza Blvd.Medians Landscape Improvements-Phase 1
John Cahalan, Landscape Architect (MA 2017-255 / SO 1)
City of Cupertino
Exhibit A
Page 4 of 10
ATTACHMENT A
2.06 95% Plan Preparation: Design Professional shall prepare 95% plans incorporating
the City written comments from the 60% Construction Document submission into the
95% Construction Document plans. Plans shall be submitted to City with other 95%
documents as noted below.
2.07 95% Specifications: Design Professional shall assist the City in the development
and preparation of the Project Manual that includes the Conditions of the Contract for
Construction, Specifications, qualifications for prime and designated contractors,
bidding requirements, add alternates and sample forms. Design Professional shall ----------~
format its specifications to the City's Standard Specifications sections.
2.08 95% Costs and Schedule: Design Professional shall prepare a 95% cost estimate
for the 95% plans and shall update the project schedule.
2.09 Permit Application: Design Professional shall submit 95% Construction Document
Package to the City of Cupertino Building Department for building permit review.
The Building Department submittal shall include all applicable reports and
calculations required to obtain a City building permit for the project.
2.10 95% City Review/Comment/Direction: City staff shall review the 95% Construction
Document submittal and provide written comments within ten (10) working days of
the submission.
2.11 100% Plan Preparation: Design Professional shall prepare 100% complete plans
and specifications based on the City staff and Building Department's written
comments on the 95% submittal.
2.12 100% Costs and Schedule: Design Professional shall prepare a 100% cost
estimate for the 100% plans and shall update the project schedule.
2.13 100% Submittal: Design Professional shall submit the 100% Construction
Document drawings, specifications and any related documents and calculations to
the City of Cupertino Building Department to assist the Project Manager with
obtaining the building permit.
2.0 Deliverables: (all deliverables are digital unless otherwise noted)
2.01 Meeting Summaries
2.02 pdf files of plans
2.03 Technical Specifications in Word
2.04 Updated estimate, schedule and code compliance in pdf
2.05 Permit application as pdf for processing
2.06 One (1) stamped and signed cover sheet of plans and specifications
De Anza Blvd.Medians Landscape Improvements-Phase 1
John Cahalan, Landscape Architect (MA 2017-255 / SO 1)
City of Cupertino
Exhibit A
Page 5 of 10
ATTACHMENT A
Task 3.0: Bid and Award
3.01 Bid Period Assistance: Design Professional shall provide the following bid phase
services, at the City's request, through award of the construction contract.
a. Attend the general contractor pre-bid meeting.
b . Respond to bidders' questions until the question cutoff period identified in the bid
documents package.
--------1;-.--Assist-in-t-l'le -evaluatiGR--of-bidS-aS-r-equested-by-t.t:le-City~----------------
3.02 Addenda Preparation: Design Professional shall assist City in preparing bid
addenda to clarify the plans and technical specifications and prepare and submit a
conformed Construction Bid Document package to City.
3.0 Deliverables: (all deliverables digital unless otherwise noted)
3.01 The Design Professional shall provide electronic format Conform Set
Construction Documents and Technical Specifications in both native file
formats (AutoCAD, MS Word) and pdf.
Task 4.0: Construction Services
4.01 Submittal Review: Design Professional shall review Contractor's submittals for
conformance with the project plans and specifications, and evaluate proposed
substitutions with a written response to the City in a timely manner.
4.02 Requests for Information: Design Professional shall review Contractor Requests
for Information (RFl's) and provide a written response, including if warranted,
additional sketches, drawings and specifications to the City in a timely manner.
4.03 Change Orders: Design Professional shall review and advise the City on requests
by the City or Contractor for changes in construction of the Project. Design
Professional shall review prepared Contract Change Orders and where necessary,
prepare Drawings and Specifications to describe the Work to be added, deleted or
modified. Design Professional shall maintain records relative to the changes in
construction. This work by the Design Professional, if deemed as additional design
services, will be invoiced as Additional Work.
4.04 Site Meetings/Field Reports: Design Professional shall attend the pre-construction
meeting, four (4) site visits during construction, the substantial completion/punch list
walk-through and the final sign-off meeting for a total of seven (7) meetings. These
visits will be to observe the quality of the work and consistency with the plans and
De Anza Blvd .Medians Landscape Improvements-Phase 1
John Cahalan , Landscape Architect (MA 2017-255 / SO 1)
City of Cupertino
Exhibit A
Page 6 of 10
ATTACHMENT A
specifications. Design Professional will prepare a field report for each visit,
documenting observations and potential required action items, and will distribute
electronically to all interested parties as directed by the City.
4.05 Record Drawings Preparation: Based on a "marked-up" or otherwise annotated
field -set of the "as-built" Project drawings provided by the contractor, the Design
Professional shall prepare record drawings in CAD format. Files will be delivered by
the Design Professional to the Ci!Y_ at project close-out. ~~~-----------------------
4.0 Deliverables: (all deliverables digital unless otherwise noted}
4.01 Submittal reviews
4.02 Request for Information responses
4.03 Construction site visit field reports
4.04 Record Drawing Set
5.0 Additional Services
Design Professional services not specifically identified in the Scope of Services shall
be considered Additional Services. At the City's request, the Design Professional
shall provide a fee proposal for specific additional services consistent with the
professional rate schedule in Exhibit B.
End of A-1
De Anza Blvd .Medians Landscape Improvements-Phase 1
John Cahalan , Landscape Architect (MA 2017-255 / SO 1)
City of Cupertino
Exhibit A
Page 7 of 10
ATTACHMENT A
A-2
PERFORMANCE SCHEDULE
All work under this Service Order shall be completed as noted below. The task deliverables
identified in Exhibit A, shall also be received by City as indicated below:
PROJECT DELIVERABLES (BY TASK)
Task 1.0 -Topographic Survey/Design Development
1.01 Topographic Survey
1.02 Meeting summary
1.03 Design Development plans
1.04 Specifications outline
1.05 Updated estimate and schedule
1.06 Materials booklet
Task 2.0 -Construction Documents
2 .01 Meeting summaries
2 .02 Plans, specs., costs & schedule -60% complete
2 .06 Plans, specs ., costs & schedule -95% complete
2 .09 Permit application
2 .12 Pla ns , specs., costs & schedule -100% complete
2 . 13 100% Submittal
Task 3.0 -Bid and Award
3.01 Conform sets of plans & specs . (hard copies)
3.02 Conform sets of plans & spec. (electronic format)
Task 4 .0 -Construction Services
4.01 Submittal reviews
4.02 Request for Information responses
4 .03 Construction site visit field reports
4.04 Record Drawing Set
End of A-2
De Anza Blvd .Medians Landscape Improvements-Phase 1
John Cahalan , Landscape Architect (MA 2017 -255 / SO 1)
City of Cupertino
DELIVERY SCHEDULE
Fifteen (15} bus . days after authorization
Two (2) bus. days after meeting
Twenty (20) bus . days after 1.02
Twenty (20) bus . days after 1.02
Twenty (20) bus . days after 1.02
Twenty (20) bus . days after 1.02
Two (2) bus. Days after meetings
Twenty (20) bus. days after City review
Fifteen (15) bus . days after City review
Same date as 95% submittal
Fifteen (15) bus. days after City review
Ten (10) bus . days after City review
Ten (10) bus . day after bid date
Ten (10) bus. days after bid date
Five (5) bus . days after receipt
Five (5) bus. days after receipt
Two (2) bus . days after v isit
Ten (10) bus. days after receipt of
Contractor "as-builts "
Exhibit A
Page 1 of 10
1) BASE COMPENSATION
ATTACHMENT A
A-3
COMPENSATION
The base compensation for this Service Order is $97,805 .00. Service shall be compensated in
accordance with the Master Agreement.
2) FEE BUDGET SCHEDULE
The Fee Budget Schedule for this AGREEMENT shall be as follows:
Task Task Description Task ComP!nsation
#1: Design Development $35,941
#2: Construction Documents $46,489
#3 : Bid and Award Services $3,500
#4 Construction Services $11,875
Base Compensation TOTAL $97,805
Design Professional shall not exceed the specified budget amounts for any Tasks without prior written
authorization from the City. City may prefer budget transfer amounts between Tasks listed above
provided the base compensation amount is not exceeded.
3) PAYMENT SCHEDULE
The Payment Schedule for the Service Order as follows:
Task #1 -Design Development
1.1 Topographic survey
1.2 Meeting agenda and summary
1.3 Design Development plans, specifications outline, estimate, & schedule
1.4 City Design Development Approved
Task #2 -Construction Documents
2.2 60% Plans, specifications, estimate and schedule submittal
% of Task
Compensation
30%
5%
50%
15%
2.6 95% Plans, specifications, estimate, schedule, permit application submittal
50%
20%
15%
15%
2.11 100% Plans, specifications, estimate and schedule submittal
2.13 City Approved 100% bid documents
De Anza Blvd .Medians Landscape Improvements-Phase 1
John Cahalan, Landscape Architect (MA 2017-255 / SO 1)
City of Cupertino
Exhibit A
Page 1 of 10
Task #3 • Bid and Award Services
ATTACHMENT A
A-3
COMPENSATION
3.1 Bidder question response 40%
3.2 Bidder addenda response 40%
3.3 Design Professional bid evaluation 10%
-------A S.uboill.C.onform_s.e.~--------------------1-'--'0'---'o/c,,_o _________ _
Task #4 -Construction Services
4.1 Submittal review
4.2 Request for Information response
4.3 Assist with change orders
4.4 Site meetings and field reports
4.5 Record Drawing set
Task #5 -Additional Services
4) SUB CONSULT ANT SERVICES
20%
15%
15%
40%
10%
N/A
Design Professional is directly responsible for Sub consultant services and payments required for the
project. In accordance with the Master Ag reement.
5) REIMBURSABLE EXPENSES
In accordance with the Master Agreement, the Base Compensation is inclusive of all materials and
expenses to perform all of the base serv ices of the Service order.
6) ADDITIONAL SERVICES
When requested by City, Additional Services may be authorized and will be performed and
compensated as prescribed by the Master Agreement.
Additional Services budget for this Service Order: 9,800 .00
7) SERVICE ORDER MAXIMUM COMPENSATION: 107,605 .00
End of A-3
De Anza Blvd.Medians Landscape Improvements-Phase 1
John Cahalan, Landscape Architect (MA 2017-255 / SO 1)
City of Cupertino
Exhib it A
Page 1 of 10
City of Cupertino
{h JI; 2tJ I 't --1 'l I
~j:I
MASTER AGREEMENT FOR CONSULTANT SERVICES
SERVICE ORDER
MASTER AGREEMENT
MA#: ~r,1r-2~ Service Order #: 2
Maximum Compensation: $175,000.00
Term:NTP: September 1, 2016 End Date: August 31 , 2018
Approval by: City Manager D Director l•I Date: 9/15/2016
City Council D Item #: -----Date:
Consultant: Firm Name: John Cahalan, Landscape Architect
Street: 15559 Union Avenue, Ste. 206
City, State, Zip: Los Gatos, CA 95032
Contact Name: John Cahalan, Principal
PROJECT DESCRIPTION
Project Name: McClellan Ranch-Construct Trash Enclosure
[OJ Description: (simple project description if appropriate)
Phone: (408) 358-5122
(@]Attachment A: Includes Description of Project, Scope of Service, Schedule of Performance and
Compensation
CITY PROJECT MANAGEMENT
Managing
Department: Public Works Project Manager: Katy Jensen / Bruce Biordi
1() 11_ I Lf
City of Cupertino
Master Agreement Page 1 of 2 Service Order No. 2
City of Cupertino
MASTER AGREEMENT FOR CONSULTANT SERVICES
SERVICE QRQER
BUDGET/ FISCAL
Master Agreement Maximum Compensation:
Previously Encumbered on MA:
S.O. # 1 -De Anza Blvd. Medians Renovation-Phase 1 -270-90-961-900-905
S.O. # _____________________ _
S.O. # ________________________ _
s.o. # ________________________ _
s.o. # _____________________ _
s.o. # ________________________ _
s.o. # _________________________ _
s.o. # _________________________ _
s.o. # --------------------------
S.O. # ________________________ _
Amount
$175,000.00
$ 107,605.00
Total Previously Encumbered to Date : $107,605.00
Current Unencumbered amount in MA: $67,395.00
Encumbrance:
S.O . # 2 -McClellan Ranch-Construct Trash Enclosure -420-99-003-900-905-MRP.004.02.02 ~ $ 21,900.00
Contract
Manager:
Consultant:
Katy Jensen
Director of Public Works:
Total Encumbered to Date including this 5.0.: $129,505.00
Master Agreement Balance: $ 45,495.00
Date: ·:1 / I+ / ·"lo {3:: F I
Date: ,/r~I,,
Date: 7/1 7 /J 7 7
Appropriation Certification: I hereby certify that an unexpended appropriation is
available in the above fund for the above contract as estimated and that funds are available
as of this date of signature.
City Finance:
City of Cupertino
Master Agreement
anagement Analyst
Date:
~ ~~ I 1111-'
Page 2 of 2 Service Order No. 2
EXHIBIT A
SCOPE OF SERVICES
McClellan Ranch Trash Enclosure
Project Description: The CONSULTANT shall perform professional services detailed in the
following tasks to produce design and construction documents and provide bid, award, and
construction services for a new traash enclosure at McClellan Ranch in the City of Cupertino.
TASK 1.0 GENERAL
1.1 Project Construction Budget: The amount available for project construction shall be
equal to the Estimate of Probable Construction Costs identified in Task 2.4 including
contingencies for design, bidding, price escalation, and City direction in Task 2.5.
1.2 The CONSUL TANT shall provide services necessary required to complete the tasks
identified in the Scope of Services. The performance of services by CONSUL TANT shall
be to the satisfaction of the CITY, according to the project scope of services and the
standard of care provisions contained in this AGREEMENT.
1.3 The CITY's Department of Public Works shall manage the PROJECT and this
AGREEMENT. The CONSULTANT shall receive project direction only from the CITY's
Director of Public Works or their authorized designee (hereinafter collectively "CITY").
The CITY shall resolve conflicting direction from other groups, departments or agencies .
1.4 The CONSULT ANT shall coordinate the project scope of services with the CITY, other
CITY consultants, contractors or agencies as needed or directed by the CITY.
1.5 Estimate of Probable Construction Cost:
A) The CONSULTANT shall design the PROJECT so the Estimates of Probable
Construction Cost are less or equal to the Project Construction Budget in 1.1 above.
B) The CONSULTANT, in consultation with the CITY, shall (a) include contingencies
for design, bidding, and price escalations to determine which materials, equipment,
component systems and type of construction are to be included in the PROJECT, and
(b) make reasonable adjustments and/or to value engineer various items in Estimates
of Probable Construction cost submitted in conjunction with the PROJECT.
C) The CONSULTANT shall update the Estimate of Probable Construction Cost with
each project milestone and clearly identify changes from the previous estimate.
McClellan Ranch Trash Enclosure
John Cahalan Landscape Architect
City of Cupertino
EXHIBIT A Jul y 07, 2017
Page 1 of 5
EXHIBIT A
SCOPE OF SERVICES
McClellan Ranch Trash Enclosure
D) CONSULTANT shall advise the CITY in writing of adjustments to previous Estimates
of Probable Construction Cost indicated by changes in PROJECT requirements or
general market conditions.
E) If, at any time prior to bid, the Estimate of Probable Construction Costs exceeds the
Construction Budget identified in 1.1 above, the CONSULTANT shall revise the
design and/or Construction Documents at no additional cost to the CITY. It is
understood that reductions in scope may be required to meet the Construction
budget, and the CITY shall not unreasonably withhold permission for project scope
reductions to meet the construction budget. However, scope and quality changes
shall be made in writing and approved by the CITY, in advance.
F) Any program, design, or budget changes initiated and authorized in writing by the
CITY and beyond the CONSULT ANT' s control that require a revision to the Estimate
of Probable Construction Cost to meet the Construction Budget in 1.1 shall be
considered Additional Services as noted in EXHIBIT C of this AGREEMENT
G) If the lowest responsive contractor bid exceeds the Construction Budget in 1.1 by
more than fifteen percent (15%), CONSULTANT shall, without additional cost to
the City, and only by advance, written City direction, revise the Construction Bid
Documents to align the construction costs with the Construction Budget. The CITY
acknowledges that the CONSULTANT does not control market conditions and
agrees that reductions in scope may be necessary to meet the CITY' s construction
budget.
1 .6 Deliverables identified in each Task provide the basis for fee compensation. Any
deficiencies in the minimum work items identified shall cause the CITY to reject the
entire submission, require the CONSUL TANT to make appropriate corrections, and
resubmit, at no cost to the CITY. Earned value for submissions according to the
EXHIBIT C, Compensation Schedule shall not be considered until the Task
Deliverables are accepted by the CITY.
TASK 2.0 DESIGN DEVELOPMENT
2.1 The CONSULTANT shall meet with the City, observe the existing site conditions, collect
data, and discuss project details and schedule. City shall furnish consultant with existing
project data in the City's possession. The CONSULTANT shall perform a field
investigation of the existing site.
2.2 The CONSULTANT shall utilize the information gathered from visiting the site and
program data obtained from the CITY and prepare two (2) conceptual design sketches
McClellan Ranch Trash Enclosure
John Cahalan Landscape Architect
City of Cupertino
EXHIBIT A July 07, 2017
Page2 of 5
EXHIBIT A
SCOPE OF SERVICES
McClellan Ranch Trash Enclosure
for the dumpster enclosure that respond to the City's program e lements identified in 2.1
above . Additionally, the CONSULTANT shall provide a project schedule through
construction and a preliminary Estimate of Probable Construction Costs for the concepts
shown.
2.3 The CONSULTANT shall meet with City staff to discuss the conceptual designs, cost
estimates and project schedule. The CITY shall provide written comments with direction
as necessary to develop one of the concepts into a design development drawing.
2.4 The CONSULTANT shall utilize the City direction in 2.3 above to prepare a design
development plan and associated elevations/design sections at 1/8"=1-0'. The design
development plan shall include the following, at a minimum: (1) a site plan of the area
immediately surrounding the enclosure including the dumpster pad and connection to
the access road; (2) design sections/elevations that incorporate the City program
elements as defined in 2.1 ; (3) an Estimate of Probable Construction Costs for the design
development drawings as shown and; (4) a project schedule with major milestones
through construction.
2.5 The CONSULTANT shall meet with City staff to discuss the design development
drawings, cost estimate, and project schedule. The CITY shall provide written comments
and direction to proceed with TASK 3.0 CONSTRUCTION DOCUMENTS, if satisfied
with the design development drawings.
TASK 2.0 DELIVERABLES:
2.1 Meeting agenda and summary (electronic .pdf)
2.2 Conceptual design sketches, preliminary cost estimates, and project schedule.
2.3 Meeting agenda and summary (electronic .pdf)
2.4 Design development plans, Estimate of Probable Construction Cost, project schedule.
2.5 Meeting agenda and summary (electronic .pdf)
TASK 3.0 CONSTRUCTION DOCUMENTS
3 .1 The CONSULT ANT shall incorporate City comments in 2.5 above into a 95%
Construction Document package. The 95% package shall consist of construction
drawings, details, technical and material specifications, bid documents, and forms
necessary to publicly bid the project in the City of Cupertino; project schedule; and a
95% Estimate of Probable Construction Cost. Documents shall be ready for public bid
with the exception of minor corrections and final wet seals. All plan set submissions
shall be on 22" x 34" for full size and 11" x 17'' scalable at 50% and electronic copies in
pdf format.
McClellan Ranch Trash Enclosure
John Cahalan Landscape Architect
City of Cupertino
EXHIBIT A July 07, 2017
Page 3 of 5
EXHIBIT A
SCOPE OF SERVICES
McClellan Ranch Trash Enclosure
3.2 The CITY shall review the 95% Construction Document package and provide written
comments within ten (10) working days of the submission.
3.3 The CONSULTANT shall incorporate the CITY comments from 3.2 into a 100%
Construction Bid Document package and submit it to the CITY. The submission shall
include (1) original, wet signed, drawing title sheet, and seals page (Document 00007), (2)
100 % bid ready, construction drawings and technical specifications in pdf format, and (3)
a 100% Estimate of Probable Construction Cost in pdf format..
3.4 The CONSUL TANT shall submit a project data archive record consisting of all
information, meeting summaries, drawings, communication, and other data used in the
project development including City provided information. The Project Archive shall be on
an archive quality electronic media CD or DVD ROM in pdf format.
TASK 3.0 DELIVERABLES:
3.1 95% Plans, Specifications, & Estimate of Probable Construction Cost (One (1) electronic
copy pdf.)
3.3 100% Bid Document Package (One (1) electronic copy pdf and originals as noted.)
3.4 Project Record Archive (One (1) project data file on archive quality electronic media, CD
or DVD ROM in pdf format)
End of TASK 3.0
TASK 4.0 BID AND AWARD SERVICES
4.1 The CONSULTANT shall assist the City during the construction contract bid and award
process by reviewing bidder questions relative to the plans and technical specifications
and suggesting answers to the questions.
4.2 The CONSULT ANT shall assist the City in preparing bid addenda where clarification of
the plans and technical specifications 'is necessary.
4.3 The CONSULTANT shall integrate the bid documents with any addenda issued during
the bid and produce a conforming bid document set.
TASK 4.0 DELIVERABLES:
4.1 Bidder question response (as required). One (1) electronic copy pdf.
4.2 Bid addenda content (as required). One (1) electronic copy pdf.
4.3 Conforming Bid Document set. One (1) electronic copy pdf.
McClellan Ranch Trash Enclosure
John Cahalan Landscape Architect
City of Cupertino
EXHIBIT A July 07, 2017
Page 4 of 5
EXHIBIT A
SCOPE OF SERVICES
McClellan Ranch Trash Enclosure
End of TASK 4.0
TASK 5.0 CONSTRUCTION SERVICES
5.1 The CONSULTANT shall assist the City in reviewing contractor submittals for
conformance with the project plans and specifications and evaluating any proposed
substitutions by providing a written response to the City.
5.2 The CONSULTANT shall assist the City in answering contractor requests for
information (RFI) that concern the project plans and specifications by providing a
written response to the City .
5.3 The CONSULTANT shall make three (3) visits to the project construction site during
construction, observe the quality of work, and prepare a written summary of the
observations.
5.4 The CONSUL TANT shall provide project AS BUILT project record drawings in
AutoCAD from the Contractor's redlined project AS BUILT field drawing set.
TASK 5.0 DELIVERABLES:
5 .1 Submittal review summaries. One (1) electronic copy pd£.
5.2 Request for Information responses (as required). One (1) electronic copy pd£.
5.3 Construction observation summaries. One (1) each electronic copy pd£.
5.4 AS BUILT Project Record Drawing Set. One (1) each electronic copy pd£.
McClellan Ranch Trash Enclosure
John Cahalan Landscape Architect
City of Cupertino
End of TASK 5.0
END OF EXHIBIT A
EXHIBIT A July 07, 2017
Page S of 5
ATTACHMENT A
EXHIBIT B
PERFORMANCE SCHEDULE
All work under this Service Order shall be completed by December 31, 2017. The task deliverables identified
in Exhibit A, shall be received by City as indicated below:
PROTECT DELIVERABLES (BY TASK)
TASK 1.0-GENERAL-No deliverables
TASK 2.0 -DESIGN DEVELOPMENT
2.1
2.2
2.3
2.4
2.5
Meeting agenda and summary
Conceptual design sketches
Meeting agenda and summary
Design Development plan, schedule, and estimate
Meeting agenda and summary
TASK 3.0 -CONSTRUCTION DOCUMENTS
3.1
3.3
3.5
95% Construction Document Package
100% Construction Bid Document Package
Project Record Archive
TASK 4.0 -BID AND AW ARD SERVICES
4.1
4.2
4.3
4.4
Bidder question response (as required).
Bid addenda content (as required).
Conforming bid documents
Consultant bid evaluation opinion.
TASK 5.0 -CONSTRUCTION SERVICES
5.1
5.2
5.3
5.4
Submittal reviews
Request for Information responses (as required).
Construction meeting/observation summaries
AS BUILT Project Record Drawing Set
DELIVERY SCHEDULE
Two (2) business days prior/after
Fifteen (15) business days after 2.1
Two (2) business days prior/after
Fifteen (15) business days after 2.2
Two (2) business days prior/after
Twenty (20) business days after 2.3
Ten (10) business days after 3 .2
Five (5) business days after 5.4
Two (2) business days after receipt
Two (2) business days after receipt
Five (5) business days after bid date
Two (2) business day after bids received
Three (3) business days after receipt
Three (3) business days after receipt
Three (3) business days after site visit
Ten (10) business days after receipt of
field redline drawings.
END OF EXHIBIT B
McClellan Ranch Trash Enclosure
John Cahalan Landscape Architect
City of Cupertino
EXHIBIT A July 07, 2017
Page 1 of 1
EXHIBIT C
COMPENSATION
(1) BASE COMPENSATION
The base compensation for this Consultant agreement shall not exceed twenty
thousand four hundred and ten DOLLARS ($20,410.). Any work performed in TASK
2.0, Scope of Services, which exceeds the base compensation amount shall be at no cost
to CITY.
2) FEE BUDGET SCHEDULE
The Fee Budget Schedule for this AGREEMENT shall be as follows:
Task Task Descri12tion Task Com12ensation
#1 General $-0-
#2: Design Development $ 8,765.
#3: Construction Documents $ 8,370.
#4: Bid and Award Services $ 755.
#5: Construction Services $ 2,520 .
TOTAL ~ 20,410.
The CONSULTANT shall not exceed the specified budget amounts for any Task without prior
written authorization from the CITY . The CITY may approve budget transfer amounts between
Tasks listed above provided the base AGREEMENT compensation amount does not exceed
twenty thousand four hundred and ten DOLLARS ($20,410.).
3). PAYMENT SCHEDULE
The Payment Schedule for this AGREEMENT shall be as follows:
Task #2-Design Develo12ment
2.1 Meeting agenda and summary
2.2 Conceptual design sketches, cost estimates, schedule
2.3 Meeting agenda and summary
2.4 Design Development Plan approval
2.5 Meeting agenda and summary
Task #3-Construction Documents
3.1 95 % Construction Document submittal
3.3 100% Construction Bid Document submittal
3.4 Project Archive
Task #4-Bid and Award Services
4.1 Bidder question response
4.2 Bidder addenda content
McC lellan Ranch Trash Enclosure
Jolm Cahalan Landscape Architect
City of Cupertino
EXHIBITC
% TASK COMPENSATION
5 %
25 %
5%
60%
5%
75%
20 %
5%
40%
30%
Jul y 07, 2017
Page 1 of 2
EXHIBITC
COMPENSATION
4.3 Conforming bid documents
Task #5-Construction Services
5.1 Submittal review
5.2 Request for Information responses
5.3 Construction observation summaries
5.4 AS BUILT Project Record Drawings
30%
60%
20%
10%
10%
The CONSULTANT may invoice according to the budget schedule only after the CITY provides
written approval for the Task deliverables identified in Item C.
4). SUB CONSULTANT SERVICES.
The CONSULTANT is directly responsible for all SUBCONSULTANT payments. All
SUBCONSUL TANT compensation is included in the above Budget and shall be invoiced by the
CONSULT ANT as part of the Section 2, Scope of Services, Base Compensation.
5). REIMBURSABLE EXPENSES:
There are no reimbursable expenses in this Agreement.
6). ADDITIONAL SERVICES:
The CITY may request, in writing, additional CONSULTANT services not identified in Item B, Tasks 1-
3. The CONSULTANT shall provide a written fee proposal and obtain the City's written authorization
prior to performing any additional services.
This agreement provides a sum of one thousand four hundred and ninety DOLLARS ($1,490.) for
Additional Services not identified in ATTACHEMENT A. The CONSULTANT shall not perform any
additional services that exceed that amount.
Each Additional Services proposal shall be separately negotiated, in advance, and paid either on
a lump sum or time and material basis as authorized by the CITY. The CONSULT ANT shall use
the billing rates identified in the CONSULTANT master agreement throughout the term of this
agreement for time and material proposals.
The CONSULTANT shall invoice for authorized Additional Services performed the previous
month according to the compensation schedule identified in the agreement addendum.
7). MAXIMUM COMPENSATION
The maximum compensation for the entire Consultant agreement is twenty one
thousand nine hundred DOLLARS ($21,900.). Any hours worked for which
payment would result in a total exceeding the maximum amount of compensation shall
be at no cost to CITY.
McClellan Ranch Trash Enclosure
John Cahalan Landscape Architect
City of Cupertino
END OF EXHIBIT C
EXHIBITC July 07, 2017
Page2 of2
City of Cupertino ~ J,b I? • ~
MASTER AGREEMENT FOR CONSULTANT SERVICES
MASTER AGREEMENT
MA#: 2017-Ct t.f:
Maximum Compensation:
SERVICE ORDER
Service Order #: 3
$ 175,000.00
Term: NTP: September 1, 2016 End Date: August 31, 2018'
Approval by: City Manager D Director l•I Date: Spetember 15, 2016
City Council D Item #: -----Date:
Consultant: Firm Name: John Cahalan, Landscape Architect
Street: 15559 Union Ave., Ste . 206
City, State, Zip: Los Gatos , CA 95032
Contact Name: John Cahalan, Principal
PROJECT DESCRIPTION
Project Name: Senior Center Walkway Replacement
[])Description: (simple proj ec t description if appropriat e)
Phone: (408) 358-5122
[!]Attachment A: Includes Description of Project, Scope of Service, Schedule of Performance and
Compensation
CITY PROJECT MANAGEMENT
Managing
Department:
City of Cupertino
Master Agreement
Public Works Project Manager: Alex Acenas -------------
Page 1 of2 Service Order No. 3
City of Cupertino
MASTER AGREEMENT FOR CONSULTANT SERVICES
SERVICE ORDER
BUDGET/ FISCAL
Master Agreement Maximum Compensation:
Previously Encumbered on MA:
S.O . # 1 -De Anza Blvd. Medians Renovation Ph. 1 -270-90-961 -900-905
S.O. # 2 -McC lellan Ranch-Construct Trash Enclosure 420-99-003-900-905-MRP 004-02-02
S.O. # ________________________ _
S.O . # ________________________ _
S.O . # ________________________ _
S.0. # ________________________ _
S.O. # ________________________ _
s.o. # ________________________ _
S.O. # ________________________ _
s.o. # ________________________ _
Amount
$ 175,000.00
$ 107,605.00
$21,900.00
Total Previously Encumbered to Date: $129,505.00
Current Unencumbered amount in MA: $45,495.00
Encumbrance: 6 f-cr (.)1J cit. O'Z-. o "2--
S.O. # 3 -Senior Center Walkway Replacement '-t'UJ .~,. 0~ 900 -10~ $13,370.00
Total Encumbered to Date including this S.0.: $142,875.00
ffJ ~t<i. ~p Master Agreement Balance: $ 32,125.00
AlexAcenas ~ . Date: August 14, 2017
Contract
Manager:
APPROVALS
Consultant:
Director of Public Works:
Date: August 16, 2017
Date: ~
Appropriation Certification: I hereby certify that an Lme x pended appropriation is
available in the above fund for the above contract a s estimated and that funds are a v ailable
a s of this date of signature .
City Finance:
Ci ty of Cupertin o
Master Agreem ent Page 2 of2
Date: q. 1&·{1:
Service Order No. 3
EXHIBIT A
SCOPE OF SERVICES
Design Professional shall provide certain Landscape Architecture services as required and
requested by the City.
Design Professional shall provide services under the Master Agreement on an "as-needed"
basis and only (1) upon written request from the City's Director of Public Works or
authorized Agent as defined in Section 8, Project Coordination and (2) as defined in a fully
executed Service Order.
Design Professional shall perform professional services as detailed in the following sections
to produce design and construction documents and bidding and construction administration
services for "Senior Center Walkway Replacement".
Section 1 -General Provisions
1.1 Project Description: Design Professional shall produce design and construction
documents necessary for the construction of paving replacement at the Cupertinio
Senior Center. The base sheet will be on one (1) CAD background, 22" x 34"
size. The drawing set is estimated at a total of three (3) to four (4) sheets of
construction documents.
1.2 Project Construction Budget: The City has directed the consultant to a "design to "
budget of $40,000 including design contingency.
1.3 Design Professional shall provide services necessary to complete the tasks identified
in the Scope of Services. The performance of services by Design Professional shall
be to the satisfaction of City, according to the project scope of services and the
standard of care provisions contained in this Service Order.
1.4 Design Professional shall begin work only after receipt of a fully authorized and
executed Service Order and shall execute the Project work as detailed in the Service
Order.
1.5 City shall designate a Project Manager for each fully executed Service Order under
this Agreement. Project Manager shall manage the project and this Service Order.
Design Professional shall receive project direction only from the Project Manager.
1.6 Design Professional shall coordinate the project scope of services with City, other
City consultants, contractors or agencies as need or directed by the City .
City of Cupertino
John Cahalan , Landscape Architect
Senior Center Walkway Replacement
Exhibit A
Page 1 of 4
Section 2 -Basic Services
A. Specific Performance Requirements
Design Professional may provide any or all of the following tasks and subtasks, as is
required for the specific Project.
TASK 2.0 DESIGN DEVELOPMENT
2.1 Kick-off Meeting / Existing Data Assembly: Design Professional shall meet on-
site with City staff to discuss project scope , schedule and budget and review project
data provided by the City that may include, but not be limited to: topographic survey,
construction documents and record drawings of existing improvements. The Design
Professional shall be entitled to reasonably rely on the accuracy and sufficiency of
any information provided to the Design Professional by the City or the City's Agents.
2.2 Site Reconnaissance: Utilizing the project data provided by the City as indicated
under 2.01, Design Professional shall conduct a site visit familiarize himself with
existing conditions and the specifics of the site and relative project limits. Photo-
inventory existing conditions.
2.3 Initial Design Development Plan: Design Professional shall prepare one design
development sketch that responds to the City's design program. Sketch will include
plan view and a detail for the new paving section.
2.4 Cost Estimate and Schedule: Design Professional shall prepare an updated
Estimate of Probable Construction Costs and project schedule for the Design
Development Plans and submit them to the City with the plans as indicated under
2.3.
2.5 Meeting #2: Design Professional shall meet on-site with City staff to review and
discuss conceptual designs, cost estimates and project schedule. The City shall
provide written comments with direction as necessary, to develop the concept into
Construction Documents.
TASK 2.0 DELIVERABLES: (all deliverables digital unless otherwise noted)
2.1 Meeting agenda and summary
2.2 Design Development sketch , cost estimate and project schedule
2.3 Meeting agenda and summary
City of Cupertino
John Cahalan, Landscape Architect
Senior Center Walkway Replacement
Exhibit A
Page 2 of 4
TASK 3.0 CONSTRUCTION DOCUMENTS & SPECIFICATIONS
3. 1 95% Construction Documents: Design Professional shall prepare 95%
Construction Documents plans incorporating the City written comments from the
Design Development Plan submission . Plans shall be submitted to City with other
95% documents as noted below under 3 .02 , 3.03 and 3.04. The City shall review
and provide written comments within ten (10) working days of the submission .
3.2 95% Specifications: Design Professional shall assist the City in the development
and preparation of the Project Manual, specifically the technical specifications.
Design Professional shall format its specifications to the City 's Standard
Specifications. The City shall review and provide written comments within ten (10)
working days of the submission.
3.3 95% Costs and Schedule: Design Professional shall update the Estimate of
Probable Construction Costs and the project schedule for the 95% submittal. The
City shall review and provide written comments with ten ( 10) working days of the
submission.
3.4 100% Plans and Specifications: Design Professional shall prepare 100% complete
Construction Bid Document package incorporating the City's written comments from
the 95% plans and specifications review .
3.5 Project Data Archive: Design Professional shall submit a project data archive
record consisting of information, meeting summaries, drawings, communication,
and other data used in the project development including City provided information .
TASK 3.0
3.1
3.2
3.3
City of Cupertino
DELIVERABLES: (all deliverables digital unless otherwise noted)
95% Plans, Specifications & Estimate of Probable Construction Costs
100% Bid Document Package
Project Record Archive
John Cahalan , Landscape Architect
Senior Center Walkway Replacement
Exhibit A
Page 3 of 4
TASK4.0: BID AND AWARD
4.1 Pre-bid Meeting: Design Professional shall attend and participate in a pre-bid walk
through at the site .
4.2 Bid Period Assistance: Design Professional shall assist the City during the
construction contract bid and award process by reviewing bidder questions relative to
the plans and technical specifications and suggesting answers to the questions.
4.3 Conform Set: Design Professional shall integrate the bid documents with any
addenda issued during the bid and produce a conforming bid document set.
4.1 DELIVERABLES: (all deliverables digital unless otherwise noted)
4 .1
4.2
4.3
TASK 5.0
Attendance at Pre-bid meeting
Bid Period Assistance (as required)
Conforming bid document set
CONSTRUCTION SERVICES
5.1 Submittal Review: Design Professional shall review Contractor's submittals for
conformance with the project plans and specifications, and evaluate proposed
substitutions with a written response to the City.
5.2 Requests for Information: Design Professional shall review Contractor Requests
for Information (RFl's) and provide a written response the City .
5.3 Site Visits: Design Professional shall make three (3) visits to the project
construction site during construction, observe the quality of the work, and prepare a
written summary of the observations. One of these site visits will be a "punch walk-
through ".
5.4 Record Drawings: Design Professional shall provide project Record Drawings in
AutoCAD from the Contractor' red-lined project As Built field drawing set.
TASK 5.0 DELIVERABLES: (all deliverables digital unless otherwise noted)
5.1 Submittal review summaries
5 .2 Request for Information responses
5.3 Construction observation summaries
5.4 Record Drawing set
City of Cupertino
John Cahalan , Landscape Architect
Senior Center Walkway Replacement
Exhibit A
Page 4 of 4
EXHIBIT B
PERFORMANCE SCHEDULE
All work under this Service Order shall be completed by 3/30/2018 . The task deliverables
identified in Exhibit A, shall be received by City as indicated below:
PROJECT DELIVERABLES (BY TASK)
Task 2.0 -Design Development
Task 3.0 -95% Construction Documents
Task 3.0 -Final (100%) Construction Documents
Task 4 .0 -Bid and Award Support
Task 5.0 -Construction Services
DELIVERY SCHEDULE
Twenty (15) bus. days after authorization
Twenty (20) bus. days after City comments
Fifteen (15) bus . days after City comments
Schedule to be determined by City
Schedule to be determined by City
End of Exhibit B
City of Cupertino
John Cahalan , Landscape Arc hitect
Senior Center Walkway Replacement
Exhibit B
Page 1 of 1
1) BASE COMPENSATION
EXHIBIT C
COMPENSATION
The base compensation for this Service Order is $ 13 ,370 . Service shall be compensated in
accordance with the Master Agreement.
2) FEE BUDGET SCHEDULE
The Fee Budget Schedule for this AGREEMENT shal l be as follows:
Task Task Description Task Compensation
#1 : General Provisions
#2 : Design Development $2 ,820
#3 : Construction Documents $5 ,850
#4 : Bid and Award Services $1 ,030
#5 Construction Services $2 .670
Base Compensation TOT AL $13,370
Design Professional shall not exceed the specified budget amounts for any Tasks without prior written
authorization from the City . City may prefer budget transfer amounts between Tasks listed above
provided the base compensation amount is not exceeded .
3) PAYMENT SCHEDULE
The Payment Schedule for the Service Order as follows :
#1 : General Provisions
#2 : Design Development
#3 : Construction Documents
#4 : Bid and Award Services
#5 Construction Services
#6 Additional Servi ces
City of Cupertino
John Cahalan, Landscape Architect
Senior Center Walkway Replacement
% of Task
Compensation
40 %
40 %
5%
15%
N/A
Exhibit C
Page 1 of 2
EXHIBIT C
COMPENSATION
4) SUB CONSULT ANT SERVICES
Design Professional is directly responsible for Sub consultant services and payments required for the
project. In accordance with the Master Agreement.
5) REIMBURSABLE EXPENSES
In accordance with the Master Agreement , the Base Compensation is inclusive of all materials and
expenses to perform all of the base services of the Service order.
6) ADDITIONAL SERVICES
When requested by City, Additional Services may be authorized and will be performed and
compensated as prescribed by the Master Agreement.
Additional Services budget for this Service Order: None
7) SERVICE ORDER MAXIMUM COMPENSATION: $13,370
City of Cupertino
John Cahalan , Landscape Architect
Senior Center Walkway Replacement
Exhibit C
Page 2 of 2