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18-162 John Cahalan Landscape Architect, Landscape Architecture Services for Various Projects Master Agreement CITY OF DESIGN PROFESSIONAL SERVICES AGREEMENT(MASTER) WITH JOHN CAHALAN LANDSCAPE ARCHITECT,FOR LANDSCAPE C U P E RT I N O ARCHITECTURE SERVICES FOR VARIOUS PROJECTS 1. PARTIES This Master Agreement is made and entered into as of August 1,2018 ("Effective Date"), by and between the City of Cupertino, a municipal corporation ("City"), and John Cahalan Landscape Architect ("Consultant"), a Sole Proprietorship/Individual for landscape architecture services for various projects ("Project"). 2. SERVICES 2.1 Scope of Services. Consultant agrees to provide the Services"as needed" and as set forth in the Scope of Services, attached and incorporated here as Exhibit A. The Services must comply with this Agreement and with each Service Order issued under the authority of the City Director of Public Works or his designee, in accordance with the following procedures. 2.2 Service Orders.Before issuing a Service Order the City Director/Designee will request Services in writing and hold a meeting with Consultant to discuss it. Consultant will submit a written proposal that includes a specific Scope of Services, Schedule of Performance and Compensation,which the Parties will discuss. Thereafter City Director/Designee will execute a Service Order using the Service Order Form attached and incorporated here as Exhibit B.Each Service Order will specify its scope of services, deliverables, schedule of performance, compensation and any other applicable terms. Issuance of a Purchase Order is discretionary and the Director/Designee may streamline these procedures, e.g., conferring by telephone instead of a meeting, if it is in the City's best interests. Consultant will not be compensated for Services performed without a duly executed Service Order. 3. TIME OF PERFORMANCE 3.1 Term. This Agreement begins on the Effective Date and ends on December 31,2020. ("Contract Time"), unless terminated earlier as provided herein. 3.2 Schedule of Performance. All Services must be provided within the times specified in each Service Order,and under no circumstances should the Services go beyond the Contract Time.Consultant must promptly notify City of any actual or potential delay in providing the Services as scheduled to afford the Parties adequate opportunity to address or mitigate delays.If the Services are divided by tasks, Consultant must begin work on each separate task upon receiving City's Notice to Proceed ("NTO"), and must complete each task within the time specified in each Service Order. 3.3 Time is of the essence for the performance of all the Services required in this Agreement and in each Service Order. Consultant must have sufficient time, resources and qualified staff to deliver the Program John Cahalan Lanscape Architect-Alaster Agreement for Landscape Architecture Services for Various Projects Master Design Professional Agreement/Rev. May.2018 Page 1 of 10 Services on time.Consultant must respond promptly to the City's Service Orders and any change orders that may be issued. 4. COMPENSATION 4.1 Maximum Compensation. City will pay Consultant for satisfactory performance of the Services a total amount that will based upon actual costs but that will be capped so as not to exceed $150,000 ("Contract Price"), based on the budget and rates set forth in Exhibit C, Compensation, attached and incorporated here. The Contract Price includes all expenses and reimbursements and will remain in place even if Consultant's actual costs exceed the capped amount. No extra work or payment is permitted in excess of the Contract Price. 4.2 Invoices and Payments. City will pay Consultant 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, each invoice must include for each day of Services: a. The name of each individual providing Services; b. A succinct summary of the Services performed by each such individual; c. The time spent by each individual providing those Services; d. The applicable hourly billing rate and payment due; and e. A detailed breakdown of all allowable expenses. All hourly rates and allowable expenses must conform to City-approved rates set forth in Exhibit C. 4.3 Final Payment. At least 30 days prior to end of the Agreement, Consultant must submit a requisition for final and complete payment of costs and any pending claims for City approval. Noncompliance with this requirement relieves City of further payments/obligations under the Agreement. 5. INDEPENDENT CONSULTANT 5.1 Status. Consultant is an independent Consultant and not an employee, partner, or joint venture of City. Consultant is solely responsible for the means and methods of performing the Services and for the persons hired to work under this Agreement. No civil service status or other right of employment will be acquired by virtue of Consultant's performance of the Services. Consultant is not entitled to health, worker's compensation or other benefits from City. 5.2 Consultant Qualifications. Consultant warrants on behalf of itself and its Subconsultants that they have the qualifications and skills to perform the Services in a competent and professional manner and according to the highest standards and best industry practices for similar services performed in the San Francisco Bay Area. 5.3 Permits and Licenses. Consultant warrants on behalf of itself and its Subconsultants that they are properly licensed, registered, and/or certified to perform the Services as required by law and that they have procured a City Business License. Program John Cahalan Lanscape Architect-Master Agreement for Landscape Architecture Services for Various Projects Master Design Professional Agreement/Rev. May.2018 Page 2 of 10 5.4 Subconsultants. Unless prior written approval from City is obtained, only Consultant's employees and Subconsultants whose names are included in this Agreement and incorporated Exhibits may provide Services under this Agreement.Consultant must require all Subconsultants to furnish proof of insurance for workers' compensation, commercial liability, auto, and professional liability in reasonable conformity to the insurance required of Consultant. The terms and conditions of this Agreement shall be binding on all Subconsultants relative to the portion of their work. 5.5 Tools, Materials and Equipment. Consultant will supply and shall be responsible for all the tools, materials and equipment required to perform the Services. 5.6 Payment of Taxes. Consultant must pay income taxes on the money earned under this Agreement. Upon City's request, Consultant will provide proof of payment and will indemnify City for violations pursuant to the indemnification provision of this Agreement. 5.7 Errors and Omissions. Consultant is solely responsible for its errors and omissions and those of its Subconsultants, and must take prompt measures to avoid, mitigate, and correct them at its sole expense. 6. PROPRIETARY/CONFIDENTIAL INFORMATION During the Contract Time Consultant may have access to private or confidential information owned or controlled by the City, which may contain proprietary or confidential details the disclosure of which to third parties may be damaging to City. Consultant shall hold in confidence all City information and use it only to perform this Agreement. Consultant shall exercise the same standard of care to protect City information as a reasonably prudent Consultant would use to protect its own proprietary data. 7. OWNERSHIP OF MATERIALS 7.1 Property Rights. Subject to City meeting its payment obligations for the Services, any interest (including copyright interests) of Consultant or its Subconsultants in any product, memoranda, study, report, map, plan, drawing, specification, data, record, document or other information or work, in any medium(collectively,"Work Product"),prepared by Consultant in connection with this Agreement will be the exclusive property of the City and shall not be shown to any third-party without prior written approval of City. 7.2 Copyright. To the extent permitted by Title 17 of U.S.Code,all Work Product prepared/created by Consultant and its Subconsultants and all copyrights in such Work Product shall constitute City property. If it is determined under federal law that the Work Product is not"works for hire", Consultant and Subconsultants hereby assign to City all copyrights to the Work Product when and as created. Consultant may retain copyrights to its standard details,but hereby grants City a perpetual,non-exclusive license to use such details. 7.3 Patents and Licenses. Consultant must pay royalties or license fees required for authorized use of any third party intellectual property,including but not limited to patented,trademarked,or copyrighted intellectual property if incorporated into the Services or Work Product of this Agreement. Program John Cahalan Lanscape Architect-Master Agreement for Landscape Architecture Services for Various Projects Master Design Professional Agreement/Rev. May.2018 Page 3 of 10 7.4 Re-Use of Work Product.Unless prohibited by law and without waiving any rights, City may use or modify the Work Product of Consultant and Subconsultants to execute or implement any of the following, but Consultant shall not be responsible or liable for City's re-use of Work Product: (a) For work related to the original Services for which Consultant was hired; (b) To complete the original Services with City personnel, agents or other Consultants; (c) To make subsequent additions to the original Services; and/or (d) For other City projects. 7.5 Deliverables and Format.Electronic and hard copies of the Work Product constitute part of the Deliverables required under this Agreement, which shall be provided to City on recycled paper and copied on both sides, except for one single-sided original. Large-scale architectural plans and similar items must be in CAD and PDF formats, and unless otherwise specified, other documents must be in Microsoft Office applications and PDF formats. 8. RECORDS 8.1 Consultant must maintain complete, accurate, and detailed accounting records relating to the Services and Compensation, in accordance with generally accepted accounting principles and procedures.The records must include detailed information about Consultant's performance,benchmarks and deliverables. The records and supporting documents must be kept separate from other files and maintained for a period of four years from the date of City's final payment. 8.2 City will have free and full access to Consultant's books and records for review and audit, to make transcripts or copies, and to conduct a preliminary examination of all the work, data, documents, proceedings, and activities related to this Agreement. If a supplemental examination or audit of Consultant's records discloses non-compliance with appropriate internal financial controls, a contract breach, or a failure to act in good faith, City will be entitled to recover from Consultant the costs of the supplemental examination.This Section survives the expiration/termination of this Agreement. 9. ASSIGNMENT Consultant shall 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 will be null and void.Any changes related to the financial control or business nature of Consultant as a legal entity will be considered an Assignment subject to City approval, which shall not be unreasonably withheld. For purposes of this provision, control means 50% or more of the voting power of the business entity.This Agreement binds Consultant, its heirs, successors and assignees. 10. PUBLICITY/SIGNS Any publicity generated by Consultant in connection with the Project and Services during the Contract Time and for one year thereafter will reference City contributions in making the Project possible. The words"City of Cupertino" shall be displayed in all pieces of publicity, including flyers, press releases, posters, brochures, public service announcements, interviews and newspaper articles. No signs may be Program John Cahalan Lanscape Architect-Master Agreement for Landscape Architecture Services for Various Projects Master Design Professional Agreement/Rev.May. 2018 Page 4 of 10 posted, exhibited or displayed on or about City property, except signage required by law or this Agreement without prior written approval from City. 11. INDEMNIFICATION 11.1 To the fullest extent allowed by law and except for losses caused by the sole or active negligence or willful misconduct of City personnel,Consultant agrees to indemnify, defend, and hold harmless the City, its City Council,boards and commissions, officers,officials, employees, agents, servants, volunteers and consultants(collectively, "Indemnitees"), as follows: a. Indemnity Obligations Subject to Civil Code Section 2782.8. With respect to the Services performed in connection with the Agreement, Consultant shall indemnify, defend, and hold harmless Indemnitees from and against any and all liability, claims, actions, causes of action, demands or charges whatsoever against any Indemnitee, including any injury to or death of any person or damage to property or other liability of any nature(collectively, "Liability"),that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant, its officers,officials, employees, 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. 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. b. Claims Involving Intellectual Property. Consultant shall indemnify, defend, and hold harmless Indemnitees from and against any claim involving intellectual property, infringement or violation of a United States patent right or copyright,trade secret,trademark, or service mark or other proprietary or intellectual property rights,which arises out of, pertains to, or relates to Consultant's negligence, recklessness, or willful misconduct. 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. C. Claims for Other Liability. For all other liabilities not included in provisions"a"and "b"above, Consultant shall indemnify, defend, and hold harmless the Indemnitees against any and all liability, claims, actions, causes of action or demands whatsoever, including any injury to or death of any person or damage to property, or other liability of any nature arising out of, pertaining to, or relating to the performance of this Agreement by Design Professional, its employees, officers,officials, agents or Subconsultants, including liability based on breach of contract, obligations, or warranties, or any unauthorized use or disclosure of City's confidential and proprietary information. 11.2 Consultant will assist City, at no additional cost, in the defense of any claim, dispute or lawsuit arising out of this Agreement. Consultant's duties herein are not limited to or subject to the Contract Price,to Workers' Compensation claims, or to the Insurance or Bond limits and provisions.Nothing in this Agreement shall be construed to give rise to an implied right of indemnity in favor of Consultant against any Indemnitee. 11.3 If this Agreement is entered into or amended on or after January 1, 2018, Consultant's duty to pay for any of Indemnitees' defense related costs will be limited to its proportionate share of fault, as determined by final decision by a court of competent jurisdiction, subject to any applicable exceptions in Civil Code section 2782.8. Prograin John Cahalan Lanscape Architect-Master Agreement for Landscape Architecture Services for Various Projects Master Design Professional Agreement/Rev. May. 2018 Page 5 of 10 11.4 Consultant agrees to pay the reasonable costs City may incur in enforcing this provision related to Consultant's indemnification duties, including reasonable attorney fees, fees for legal counsel acceptable to City, expert fees, and all other costs and expenses related to a claim or counterclaim, a purchase order, another transaction, litigation, or dispute resolution. Without waiving any rights, City may deduct money from Consultant's payments to cover moneys due to City. Section 11 survives expiration or termination of this Agreement. 12. INSURANCE On or before the Contract Time commences,Consultant shall furnish City with proof of compliance with City Insurance Requirements, attached and incorporated here as Exhibit D. City will not execute the Agreement until it has approved receipt of satisfactory certificates of insurance and endorsements evidencing the type, amount, class of operations covered, and the effective and expiration dates of coverage. Alternatively, City may terminate this Agreement or in its sole discretion purchase insurance at Consultant's expense and deduct costs from payments to Consultant. 13. COMPLIANCE WITH LAWS 13.1 General Laws. Consultant shall comply with all local, state and federal laws and regulations applicable to this Agreement. Consultant will promptly notify City of changes in the law or other conditions that may affect the Project or Consultant's ability to perform. Consultant is responsible for verifying the employment authorization of employees performing the Services, as required by the Immigration Reform and Control Act, or other federal or state law, rule or regulation. 13.2 Labor Laws. Consultant shall comply with all labor laws applicable to this Agreement. If the Services include a"public works"component,Consultant must comply with prevailing wage laws under Labor Code Section 1720 and other labor laws. To the extent applicable, Consultant must comply with City's Labor Compliance Program, and with state labor laws pertaining to working days, overtime, payroll records and DIR Registration and Oversight.If the Contract Price is$30,000 or more,Consultant must comply with the apprenticeship requirement in Labor Code Section 1777.5. 13.3 Discrimination Laws. Consultant shall not discriminate on the basis of race, religious creed, color, ancestry, national origin, ethnicity, handicap, disability, marital status, pregnancy, age, sex, gender, sexual orientation, gender identity, Acquired-Immune Deficiency Syndrome (AIDS) or any other protected classification. Consultant shall comply with all anti-discrimination laws, including Government Code Sections 12900 and 11135, and Labor Code Sections 1735, 1777 and 3077.5. Consistent with City policy prohibiting harassment and discrimination, Consultant understands that harassment and discrimination directed toward a job applicant, an employee, a City employee, or any other person is strictly prohibited. 13.4 Conflicts of Interest. Consultant shall comply with all conflict of interest laws and regulations applicable to this Agreement and must avoid any conflict of interest. Consultant warrants that no public official, employee, or member of a City board or commission who might have been involved in the making of this Agreement,has or will receive a direct or indirect financial interest in this Agreement, in violation of California Government Code Section 1090 et seq. Consultant may be required to file a Program John Cahalan Lanscape Architect-Master Agreement for Landscape Architecture Services for various Projects Master Design Professional Agreement/Rev. May. 2018 Page 6 of 10 conflict of interest form if Consultant makes certain governmental decisions or serves in a staff capacity, as provided in Section 18700 of the California Code of Regulations and other laws. Services may only be performed by persons who are not employed by City and who do not have any contractual relationship with City, with the exception of this Agreement. Consultant agrees to abide by City policies and administrative rules prohibiting gifts to City officials and employees. 13.6 Remedies. A violation of this Section constitutes a material breach and may result in City suspending payments, requiring reimbursement, or terminating this Agreement. City reserves all its rights and remedies under law and this Agreement, including the right to seek indemnification under Section 11. Consultant agrees to indemnify, defend, and hold City harmless from and against any loss, liability, and expenses arising from noncompliance with this Section. 14. PROJECT COORDINATION 14.1 City Project Manager. The City's Project Manager for all purposes under this Agreement will be Michael Zimmermann ,who shall have the authority to manage this Agreement and oversee the progress and performance of the Services. City in its sole discretion may substitute another Project Manager at any time and will advise Consultant of the new representative. 14.2 Consultant Project Manager. Subject to City approval, the Consultant's Project Manager for all purposes under this Agreement will be John Cahalan , who shall be the single representative for Consultant with the authority to manage compliance with this Agreement and oversee the progress and performance of the Services. This includes responsibility for coordinating and scheduling the Services in accordance with City instructions, service orders, and the Schedule of Performance,and providing regular updates to the City's Project Manager on the Project status,progress, and any delays.City written approval is required prior to Consultant substituting a new Project Manager, which shall result in no additional costs to City or Project delays. 15. ABANDONMENT OF PROJECT City may abandon or postpone the Project with thirty (30) calendar days' written notice to Consultant. Consultant will be compensated for satisfactory Services performed through the date of abandonment and will be given reasonable time to assemble the work and close out the Services. No close out work shall be conducted without City reasonable approval of closure costs,which may not exceed ten percent (10%) of the total time expended to the date of abandonment. All charges including job closure costs will be paid in accordance with the provisions of this Agreement and within thirty (30) days of Consultant's final invoice reasonably approved by the City. 16. TERNIINATION City may terminate this Agreement for cause or without cause at any time,following reasonable written notice to Consultant at least thirty (30)calendar days prior to the termination date. Consultant will be paid for satisfactory Services rendered through the date of termination,but final payment will not be made until Consultant closes out the Services and delivers all Work Product to City. All charges approved by City including job closure costs will be paid within 30 days of Consultant's final invoice. Program John Cahalan Lanscape Architect-Master Agreement for Landscape Architecture Services for various Projects Master Design Professional Agreement/Rev.May. 2018 Page 7 of 10 17. GOVERNING LAW,VENUE AND DISPUTE RESOLUTION This Agreement is governed by the laws of the State of California, excepting any choice of law rules which may direct the application of laws of another jurisdiction. Any lawsuits filed related to this Agreement must be filed with the Superior Court for the County of Santa Clara, State of California. Consultant must comply with the claims filing requirements under the Government Code prior to filing a civil action in court. If a dispute arises, Consultant must continue to provide the Services pending resolution of the dispute.If the Parties elect arbitration,the arbitrator's award must be supported by law and substantial evidence and include detailed written findings of law and fact. 18. ATTORNEY FEES If City files a complaint or cross-complaint,or pursues arbitration,appeal,or other proceeding to enforce its rights or a judgment in connection with this Agreement, the prevailing party will be entitled to reasonable attorney fees and costs. This attorney fee provision does not apply to legal actions initiated by Consultant or Subconsultant.This Section survives termination of this Agreement. 19. TBEW PARTY BENEFICIARIES There are no intended third party beneficiaries of this Agreement. 20. WAIVER Neither acceptance of the Services nor payment thereof shall constitute a waiver of any contract provision. City's waiver of any breach shall not be deemed to constitute waiver of another term, provision, covenant or condition, or a subsequent breach, whether of the same or a different character. 21. ENTIRE AGREEMENT This Agreement and all its Sections represent the full and complete understanding of every kind or nature between the Parties, and supersedes any other agreements and understandings, either oral or written, between the Parties. Any modification of this Agreement will be effective only if in writing and signed by each Party's authorized representative. No verbal agreement or implied covenant will be valid to amend or abridge this Agreement. If there is any inconsistency between the main Agreement and the attachments or exhibits thereto,the text of the main Agreement shall prevail. 22. INSERTED PROVISIONS Each contractual provision or clause that may be required by law is deemed to be included and will be inferred in this Agreement. Either party may request an amendment to cure any mistaken insertion or omission of a required provision. 23. 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. Program John Cahalan Lanscape Architect-Master Agreement for Landscape Architecture Services for Various Projects Master Design Professional Agreement/Rev.May.2018 Page 8 of 10 24. SEVERABILITY/PARTIAL INVALIDITY If any term or provision of this Agreement, or their application to a particular situation, is found by the court to be void, invalid, illegal or unenforceable,such term or provision shall remain in force and effect to the extent allowed by such ruling.All other terms and provisions ofthis Agreement or their application to specific situations shall remain in full force and effect. 25. SURVIVAL All provisions which by their nature must continue after the Agreement ends, including without limitation those referenced in specific Sections herein, survive this Agreement and shall remain in full force and effect. 26. NOTICES All notices,requests and approvals must be sent in writing to the persons below,which will be considered effective on the date of personal delivery or the date confirmed by a reputable overnight delivery service, on the fifth calendar day after deposit in the United States Mail,postage prepaid,registered or certified, or the next business day following electronic submission: To City of Cupertino To Consultant: John Cahalan,Landscape Architect 10300 Torre Ave. 2050 Beavercreek Road,Ste. 101-447 Cupertino CA 95014 Oregon City,OR 97045 Attention:Michael Zimmermann,C1P Manager Attention: John Cahalan, Owner/Principal Email: michaelz(@,cupertino.org Email: john.cahalan(abcomcast.net 27. VALIDITY OF CONTRACT This Agreement is valid and enforceable only if it complies with the contract provisions of Cupertino Municipal Code Chapters 3.22 and 3.23, is signed by the City Manager or authorized designee, and is approved for form by the City Attorney's Office. 28. EXECUTION The person executing this Agreement on behalf of Consultant represents and warrants that Consultant 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 Consultant.This Agreement may be executed in counterparts,each one of which is deemed an original and all of which,taken together, constitute a single binding instrument. Program John Cahalan Lanscape Architect-Master Agreement for Landscape Architecture Services for various Projects Master Design Professional Agreement/Rev. May. 2018 Page 9 of 10 IN WITNESS WHEREOF,the parties have caused the Agreement to be executed. CONSULT T CITY OF CUPERTINO n Cahala L s a A Municipal Corporation Arch ct By By Name John Cahalan Name Timm Borden Title Owner/Principal Title Director of Public Works Date g!)4% ( 9 Date -� 01b Tax LD. No.:546-78-5482 APPROVED AS TO FORM: ATTEST: lib O IO V.FIERRO Ar GRACE SCHMID Cupertino Acting City Attorney City Clerk � ,o w Program John Cahalan Lanscape Architect-Master Agreement for Landscape Architecture Services for Various Projects Master Design Professional Agreement/Rev. May.2018 Page 10 of 10 Exhibit A Scope of Services Consultant shall provide certain Landscape Architecture services as required and requested by City. Consultant 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. Consultant shall perform all services to the satisfaction of City's Public Works Director or authorized Agent. B. Consultant shall perform all services under this agreement to the currently prevailing professional standards and quality found among Landscape Architecture Consultants with similar knowledge and skill engaged in related work throughout California under the same or similar circumstances. C. Consultant 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. Consultant 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 Consultant shall be at no cost to City. E. City shall designate a Project Manager for each fully executed Service Order under this Agreement. Consultant shall coordinate the Service Order performance with City's designated Project Manager. Section 2. Basic Services As authorized by a fully executed Service Order, Consultant shall provide Landscape Architecture services for various City Public Works Projects in accordance with the following: A. General Performance Requirements For each assigned Project: 1. Consultant 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. Consultant shall not substitute any team members without the prior approval of City. City retains the right to reject team members assigned by Consultant or require replacement of team members. 2. Consultant shall effectively manage and administer the Project for the efficient, progressive, and proactive delivery of the Project. 3. Consultant shall be responsible for managing and coordinating the work of all sub-Consultants. 4. Consultant shall consult and coordinate with the City and communicate with members of the Project team. City of Cupertino Exhibit A John Cahalan Landscape Architecture Master Agreement for Landscape Architecture Services for Various Projects PAGE 1 OF 8 5. Consultant shall schedule meetings and prepare 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. Consultant 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, Consultant 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: Consultant shall review Project data provided by the including, but not limited to: topographic survey, geotechnical reports, traffic studies, CEQA documents, other environmental studies, tree surveys, arborist's reports, approved Master Plan, or other such data. The Consultant shall be entitled to reasonably rely upon the accuracy and sufficiency of any information provided to the Consultant by the City or the City's agents. 2.02 The Consultant 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 Consultant shall utilize existing data to the extent possible and inform the City immediately of problems associated with using existing data for Project base information. 2.04 Base Sheet Preparation: The Consultant 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 Consultant, according to the agreement. 2.04 Outreach: Consultant shall conduct outreach with groups as identified by the City to establish design program. 2.05 Conceptual Alternative Development: Consultant shall prepare three (3) hand color rendered conceptual solutions for the Project, each which address the primary Project issues and budget. 2.06 Staff Review: Consultant shall present each concept to the City with analysis for evaluation. The City shall select one concept as the preferred solution and provide the Consultant with written direction to proceed with that concept. City of Cupertino Exhibit A John Cahalan Landscape Architecture Master Agreement for Landscape Architecture Services for Various Projects PAGE 2 OF 8 2.0 Deliverables: (all deliverables digital unless otherwise noted) 2.01 Source Document Listing 2.02 Base sheet 2.03 Meeting Summary 2.04 Scanned pdf's 2.05 Meeting Summary Task 3.0: Schematic Design 3.01 Meetings: The Consultant shall participate in 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 Consultant shall prepare a hand drawn color rendered schematic design, incorporating input from City on the previous conceptual designs. Plans shall be submitted to City with other Design Development Documents as noted below. 3.03 Costs, Schedule and Code Compliance: Consultant shall prepare a Schematic cost estimate for the schematic plan presented, a design and construction schedule, and a written preliminary code requirement summary. 3.04 Parks and Recreation Commission Presentation: Consultant shall prepare for and present the recommended design and the previous concepts to the Parks and Recreation Commission. 3.05 Council Presentation: Consultant 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 3.03 Estimate, schedule and code compliance summary 3.04 PowerPoint, large format presentation materials 3.05 PowerPoint, large format presentation materials Task 4. 0 Design Development 4.01 Meeting: The Consultant shall participate in a 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 Consultant 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 standards and draft plan view sheets for all items of work (demolition, earthwork, site construction City of Cupertino Exhibit A John Cahalan Landscape Architecture Master Agreement for Landscape Architecture Services for Various Projects PAGE 3 OF 8 irrigation, planting, details) shall be included. Plans shall be submitted to City with other Design Development Documents as noted below. 4.03 Design Development Specifications: The Consultant 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. 4.04 Costs, Schedule and Code Compliance: Consultant shall 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: Consultant shall assemble 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 4.03 Specification outline 4.04 Updated estimate, schedule and code compliance summary in pdf 4.05 pdf files Task 5.0 Construction Documents 5.01 Meetings: The Consultant shall participate in 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 Consultant 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 Consultant shall prepare 60% Construction specifications for the design development drawings. The specifications shall reflect the detail of the 60% Construction drawings. The Consultant shall format its specifications to City's Standard Specification provided by the City at the beginning of the Project. The Consultant 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 Consultant 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: Consultant shall prepare 95% plans, incorporating the CITY comments from the 60% Construction Document submission into the 95% Construction City of Cupertino Exhibit A John Cahalan Landscape Architecture Master Agreement for Landscape Architecture Services for Various Projects PAGE 4 OF 8 Document plans. Plans shall be submitted to City with other 95% Submittal Documents as noted below. 5.06 95% Specifications: Consultant 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. Consultant shall format its specifications to City's Standard Specification sections. 5.07 95% Costs, Schedule and Code Compliance: Consultant 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: Consultant 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. 5.09 100% Plan Preparation: The City shall provide written comments on the 95% Construction Documents and the Consultant shall incorporate comments into the 100% plans, specifications, and cost estimate. 5.10 100% Costs, Schedule and Code Compliance: The Consultant shall submit a 100% Construction Document Estimate of Probable Cost to the City. 5.10 100% Submittal: The Consultant shall submit the 100% Construction Document drawings, specifications, and code compliance review to the City along with all other City requirements to the City 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 5.03 Technical Specifications in Word 5.04 Updated estimate, schedule and code compliance summary in pdf 5.05 pdf files 5.06 Technical Specifications in Word 5.07 Updated estimate, schedule and code compliance summary in pdf 5.08 permit application as pdf and hardcopies as required for processing 5.09 pdf files and one stamped signed record set of plans and specifications 5.10 pdf files and hardcopies as requested by City Task 6.0: Bid and Award 6.01 Bid Period Assistance: Consultant shall provide the following bid phase services, at the City's request, through award of the construction contract: City of Cupertino Exhibit A John Cahalan Landscape Architecture Master Agreement for Landscape Architecture Services for Various Projects PAGE 5 OF 8 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: Consultant shall 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 Consultant shall provide one (1) 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 shall be in reproducible, hard copy format. B. The Consultant shall provide one (1) complete electronic format Conform Set Construction Documents and Technical Specifications in both native file formats (AutoCAD, MS Word) and pdf on a City compatible USB drive. Compatibility with the City hardware shall be verified by the Consultant prior to final submission. Task 7.0: Construction Administration Consultant's responsibility to provide the Construction Administration Services commences with the construction contract award and ends with submission of the final Project Punch List. Consultant shall advise the City, in writing, of any construction items that are not in conformance with the Contract Documents. Consultant 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 Consultant under this Task shall not be restricted, modified or extended except by advance, written agreement between City and Consultant. 7.01 Submittal Review: The Consultant shall review and approve or reject the construction 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 Consultant shall maintain a detailed record of all submittals and content supplied by the construction Contractor. 7.02 Requests for Information: The Consultant shall review construction Contractor Requests for Information and provide a written response to the construction Contractor with a copy to the City, within five (5)working days of receipt. The Consultant's response shall provide, with advance City approval, supplemental drawings and/or specifications necessary to clarify the RFI. 7.03 Change Orders: Consultant shall review and advise the City on requests by the City or construction Contractor for changes in the construction of the Project. The Consultant shall review City prepared Contract Change Orders shall, where necessary, prepare City of Cupertino Exhibit A John Cahalan Landscape Architecture Master Agreement for Landscape Architecture Services for Various Projects PAGE 6 OF 8 Drawings and Specifications to describe Work to be added, deleted or modified. The Consultant shall maintain all records relative to changes in the construction. 7.04 Construction Meetings: The Consultant shall attend weekly construction meetings as requested, 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. The frequency and number of meetings shall be defined in the service order. 7.05 Performance Evaluations: The Consultant shall prepare bi-monthly construction Contractor Performance Evaluations at the City's request and submit to the City for review and comment prior to distribution to the construction Contractor. The Consultant shall deliver the City approved performance evaluation to the construction Contractor. 7.06 Claims and Disputes: The Consultant shall advise the City on claims, disputes or other matters in question between the City and construction Contractor. The City shall be the final arbiter in all such matters. 7.07 Site Meetings: The Consultant shall attend additional site meetings in the Construction Administration phase, at the request of the City, and provide meeting minutes to the City within two (2) business days. 7.08 Filing Warranties: Consultant shall obtain from the construction 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 construction Contractor, and shall issue a Punch List which denotes the portion of the work of the Project that needs to be completed by the construction 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 Consultant, Consultant shall advise the City about the balance of the Project construction to be completed and recommend the amount to be paid the construction Contractor, including any amounts estimated needed to pay for Final Completion or correction of the construction work. 7.10 Final Completion: Consultant'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 construction Contractor of work to be completed or corrected. 7.11 Record Document Preparation and Project Close-Out: a. Consultant shall review the construction Contractor's checklist for completion of all required construction Contractor submittals and shop drawings as indicated in the Contract Documents. b. Consultant shall review construction Contractor-supplied operation and maintenance manuals for completeness as noted in the Contract Documents. c. Consultant shall review contractor warranties as noted in the Contract Documents. City of Cupertino Exhibit A John Cahalan Landscape Architecture Master Agreement for Landscape Architecture Services for Various Projects PAGE 7 OF 8 d. Consultant shall review final pay request from construction Contractor for accuracy as noted in the Contract Documents. e. Consultant 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 Contractor 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 Task 8.0: Additional Services Consultant services not specifically identified in the Scope of Services shall be considered Additional Services. At the City's request, the Consultant shall provide a fee proposal for specific additional services consistent with the professional rate schedule in Exhibit B. City of Cupertino Exhibit A John Cahalan Landscape Architecture Master Agreement for Landscape Architecture Services for Various Projects PAGE 8 OF 8 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 2.13, Service Orders. An exemplar of the Service Order form follows. City of Cupertino Exhibit B John Cahalan Landscape Architecture Master Agreement for Landscape Architecture Services for Various Projects PAGE 1 OF 2 CITY OF CUPERTINO MASTER AGREEMENT CONSULTANT SERVICES SERVICE ORDER NO. MASTER AGREEMENT PO#: M.A.Date: Maximum Compensation: S.O.Acc't No.: Consultant: Firm Name: Address: Contact: Phone: Project Description: Project Name: nDescription:(simple project description if appropriate) nAttachment A:Includes Description of Project,Scope of Service,Schedule of Performance and Compensation City Project Management Managing Department:Public Works Project Manager: Fiscal/Budget : Amount Master Agreement Maximum Compensation: $0 Total Previously Encumbered to Date: $0 Encumbrance this Service Order: $0 Total Liquidated Encumbrance: $0 Master Agreement Unencumbered Balance: $0 Contract Manager: Date: Approvals: Consultant: Date: CIP Manager: Date: Appropriation Certification: I hereby certify that an unexpended appropriation is available in the above fund for the above contract as estimated and that fund are available as of this date of signature City Finance: Date: Management Analyst City of Cupertino Master Agreement Page 1 of 1 Service Order No. EXHIBIT C COMPENSATION Capitalized terms which are defined in the Agreement have the same meaning in this Exhibit C. The City will compensate the Consultant 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 include 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 $ 165 Landscape Architect 1 $ 130 Project Assistant 1 $ 110 Project Assistant 2 $ 95 AutoCad Design $ 110 Reimbursable Expenses: 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 Consultant 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 Consultant for allowable reimbursable expenses for the documented actual cost only, with no surcharge or markup for Consultant administration. Reimbursable expenses must be separately identified on the Consultant 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. City of Cupertino Exhibit C John Cahalan Landscape Architecture Master Agreement for Landscape Architecture Services for Various Projects Page 1 of 2 • 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 current IRS standard mileage rate at the time of travel; • 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, easels, markers, paper, presentation equipment. END OF EXHIBIT City of Cupertino Exhibit C John Cahalan Landscape Architecture Master Agreement for Landscape Architecture Services for Various Projects Page 2 of 2 EXHIBIT D Insurance Requirements Design Professionals & Consultants Contracts Consultant shall procure prior to commencement of Services and maintain for the duration of the contract, at its own cost and expense, the following insurance policies and coverage with companies doing business in California and acceptable to City. INSURANCE POLICIES AND MINIMUMS REQUIRED ✓1. Commercial General Liability (CGL)for bodily injury, property damage, personal injury liability for premises operations, products and completed operations, contractual liability, and personal and advertising injury with limits no less than $2,000,000 per occurrence (ISO Form CG 00 01). If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO Form CG 25 03 or 25 04)or it shall be twice the required occurrence limit. J a. It shall be a requirement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be made available to the Additional Insured and shall be (i)the minimum coverage/limits specified in this agreement; or(ii)the broader coverage and maximum limits of coverage of any insurance policy,whichever is greater. b. Additional Insured coverage under Consultant's policy shall be "primary and non-contributory," will not seek contribution from City's insurance/self-insurance, and shall be at least as broad as ISO Form CG 20 01 (04/13). c. The limits of insurance required may be satisfied by a combination of primary and umbrella or excess insurance, provided each policy complies with the requirements set forth in this Contract. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City's own insurance or self-insurance shall be called upon to protect City as a named insured. 2. Automobile Liability: ISO CA 00 01 covering any auto(including owned, hired,and non-owned autos)with limits no less than$1,000,000 per accident for bodily injury and property damage. ✓ . Workers'Compensation: As required by the State of California,with Statutory Limits and Employer's Liability Insurance of no less than$1,000,000 per occurrence for bodily injury or disease. 0 Not required. Consultant has provided written verification of no employees. ,/4. Professional Liability for professional acts, errors and omissions, as appropriate to Consultant's profession, with limits no less than$2,000,000 per occurrence or$2,000,000 aggregate. If written on a claims made form: a. The Retroactive Date must be shown and must be before the Effective Date of the Contract. b. Insurance must be maintained for at least five(5)years after completion of the Services. c. If coverage is canceled or non-renewed,and not replaced with another claims-made policy form with a Retroactive Date prior to the Contract Effective Date,the Consultant must purchase"extended reporting"coverage for a minimum of five(5)years after completion of the Services. OTHER INSURANCE PROVISIONS The aforementioned insurance shall be endorsed and have all the following conditions and provisions: Exh. D-Insurance Requirements for Design Professionals&Consultants Contracts Form Updated Feb. 2018 1 ✓Additional Insured Status The City of Cupertino, its City Council, officers,officials,employees,agents,servants and volunteers ("Additional Insureds")are to be covered as additional insureds on Consultant's CGL policy. General Liability coverage can be provided in the form of an endorsement to Consultant's insurance(at least as broad as ISO Form CG 20 10(11/85)or both CG 20 10 and CG 20 37 forms, if later editions are used). Primary Coverage Coverage afforded to City/Additional Insureds shall be primary insurance. Any insurance or self-insurance maintained by City, its officers, officials, employees, or volunteers shall be excess of Consultant's insurance and shall not contribute to it. Notice of Cancellation Each insurance policy shall state that coverage shall not be canceled or allowed to expire,except with written notice to City 30 days in advance or 10 days in advance if due to non-payment ofpremiums. Waiver of Subrogation Consultant waives any right to subrogation against City/Additional Insureds for recovery of damages to the extent said losses are covered by the insurance policies required herein. Specifically, the Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by Consultant, its employees, agents and subconsultants. This provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Deductibles and Self-Insured Retentions Any deductible or self-insured retention must be declared to and approved by the City. At City's option, either: the insurer must reduce or eliminate the deductible or self-insured retentions as respects the City/Additional Insureds; or Consultant must show proof of ability to pay losses and costs related investigations, claim administration and defense expenses. The policy shall provide, or be endorsed to provide,that the self-insured retention may be satisfied by either the insured or the City. Acceptability of Insurers Insurers must be licensed to do business in California with an A.M. Best Rating of A-VII,orbetter. Verification of Coverage Consultant must furnish acceptable insurance certificates and mandatory endorsements(or copies of the policies effecting the coverage required by this Contract), and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements prior to commencement of the Contract. City retains the right to demand verification of compliance at any time duringthe Contract term. Subconsultants Consultant shall require and verify that all subconsultants maintain insurance that meet the requirements of this Contract, including naming the City as an additional insured on subconsultant's insurance policies. Higher Insurance Limits If Consultant maintains broader coverage and/or higher limits than the minimums shown above,City shall be entitled to coverage for the higher insurance limits maintained byConsultant. Adequacy of Coverage City reserves the right to modify these insurance requirements/coverage based on the nature of the risk, prior experience, insurer or other special circumstances,with not less than ninety(90)days prior written notice. Exh. D-Insurance Requirements for Design Professionals&Consultants Contracts Form Updated Feb. 2018 2 (MM/DDIYYYY) ACCORo® FDATE CERTIFICATE OF LIABILITY INSURANCE 8/9/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: James Gritton Dealey, Renton&Associates PHONE FAX P.0. Box 12675 c x :714-427-3489 A/c Noy 510-452-2193 Oakland CA 94604-2675 nDoaless: jgdtton@dealeyrenton.com INSURERS AFFORDING COVERAGE NAIC# INSURERA:Sentinel Insurance Co.LTD 11000 INSURED JOHNCAHAL INSURER B:XL Specialty Insurance Co. 37885 John Cahalan, Landscape Architect 2050 Beavercreek Road, STE 101-447 INSURER C Oregon City OR 97045 INSURER D: INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER:528245212 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR D POLICY NUMBER MM/DD/YYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY Y Y 57SBWBK7993 7/20/2018 7/2012019 EACH OCCURRENCE $2,000,000 DAMAGE TO RENTED CLAIMS-MADE X. OCCUR PREMISES Ea occurrence $1,000.000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 POLICY❑PRO JECT [-i]LOC PRODUCTS-COMP/OP AGG $4,000.000 OTHER: $ A AUTOMOBILE LIABILITY 57SBWBK7993 . 7/20/2018 7/20/2019 COMBINED SINGLE LIMIT $2.000,000 ✓ Ea accident I ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per acciden t UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE AGGREGATE $ DED I RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE ❑ NIA E.L.EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ B Professional Liability DPS9918722 10/11/2017 10/15/2018 Per Claim $2,000,000✓✓ Aggregate $2,000.000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) Hired non owned limits included with General Liability limits. Project: Master Agreement City of Cupertino,Its city Council,boards and commissions,officers,employees and volunteers is named as Additional Insured as respects General and Auto Liability as required per written contract or agreement.Insurance is Primary and non-contributory,per policy form wording.Insurance coverage includes waiver of subrogation per the attached in favor of:City of Cupertino,its city Council,boards and commissions,officers,employees and volunteers.30 days Notice of Cancellation. CERTIFICATE HOLDER CANCELLATION 30 Days Notice of Cancellation SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Cupertino ACCORDANCE WITH THE POLICY PROVISIONS. Attn.: Michael Zimmerman Public Works Dept. AUTHORIZED REPRESENTATIVE 10300 Torre Avenue Cupertino CA 95014 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 57SBWBK7993 EXCERPTS FROM: Hartford Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM C.WHO IS AN INSURED 6.Additional Insureds When Required By Written Contract,Written Agreement Or Permit The person(s)or organization(s)identified in Paragraphs a.through f.below are additional insureds when you have agreed, in a written contract,written agreement or because of a permit issued by a state or political subdivision,that such person or organization be added as an additional insured on your policy, provided the injury or damage occurs subsequent to the execution of the contract or agreement,or the issuance of the permit. A person or organization is an additional insured under this provision only for that period of time required by the contract,agreement or permit. f.Any Other Party (1)Any other person or organization who is not an insured under Paragraphs a.through e.above, but only with respect to liability for"bodily injury,"property damage"or"personal and advertising injury"caused,in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (a)In the performance of your ongoing operations; (b) In connection with your premises owned by or rented to you;or (c) In connection with"your work"and included within the"products-completed operations hazard, but only if (i)The written contract or written agreement requires you to provide such coverage to such additional insured; and (ii)This Coverage Part provides coverage for"bodily injury"or"property damage"included within the"products- completed operations hazard. (2)With respect to the insurance afforded to these additional insureds,this insurance does not apply to: "Bodily injury, "property damage"or"personal and advertising injury"arising out of the rendering of,or the failure to render,any professional architectural, engineering or surveying services, including: inspection, or engineering E.5.Separation of Insureds Except with respect to the Limits of Insurance,and any rights or duties specifically assigned in this policy to the first Named Insured,this insurance applies: a.As if each Named Insured were the only Named Insured;and b.Separately to each insured against whom a claim is made or"suit"is brought. E.7.b.(7).(b) Primary And Non-Contributory To Other Insurance When Required By Contract If you have agreed in a written contract,written agreement or permit that this insurance is primary and non-contributory with the additional insured's own insurance,this insurance is primary and we will not seek contribution from that other insurance. E.8.b. Waiver Of Rights Of Recovery(Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments,we have made under this Coverage Part,we also waive that right,provided the insured waived their rights of recovery against such person or organization in a contract,agreement or permit that was executed prior to the injury or damage. EXCERPT FROM Hartford Form SS 04 38 09 09 HIRED AUTO AND NON-OWNED AUTO B.With respect to the operation of a"non-owned auto",WHO IS AN INSURED is replaced by the following: The following are"insureds": d. Anyone liable for the conduct of an"insured", but only to the extent of that liability. Contractor/Consultant Affidavit of No Employees State of California Counhj of Santa Clara City of Cupertino I, the undersigned, declare as follows: I am an independent contractor and the owner of 4.,1%RAt'M, LANUV S?-AFP AEG 14 t-I Ecr I wish to enter into a services contract with the City of Cupertino. I am fully aware of the provisions of section 3700 of the California Labor Code,which requires every employer to provide Workers' Compensation coverage for employees in accordance with the provisions of that Code. I am also aware that I must provide proof of workers' compensation insurance to the City of Cupertino for any and all employees I may have,pursuant to Section 12 of the City of Cupertino's contract. I hereby certify that I do not have any employees nor will I have any employees working for me or my business during the term of any service contraWi' ith the City of Cupertino. I am not required to have Workers' Compensation insurance. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on this �dayof 2018, at C�y'PO-1 ud California. 61 GAS Nc�VA�j PRINT AME SIGNA Revised 1.05.18 CITY OF CUPERTINO MASTER AGREEMENT CONSULTANT SERVICES SERVICE ORDER NO. 1 MASTER AGREEMENT P09: 2019-003 M.A.Date: August 1,2018 Maximum Compensation: $150,000 S.O.Acc't No.: 420-99-065 900-905 ST 032 Consultant: Firm Name: ,, L John Cahalan Landscape Architect Address: zfl15f) Beavercreek Road,Ste. 101-447,Oregon City,OR 97045 Contact: John Cahalan Phone: 503-631-8634 Project Description: Project Name: De Anza Median Island Landscaping Phase 2 Description:(simple project description if appropriate) X Attachment A:Includes Description of Project,Scope of Service,Schedule of Performance and Compensation City Project Management Managing Department:Public Works Project Manager: Bruce Biordi FiscaYBudget: Amount Master Agreement Maximum Compensation: $150,000 Total Previously Encumbered to Date: $0 Encumbrance this Service Order. $67,000 Total Liquidated Encumbrance: $0 Master Agreement Unencumbered Balance: $83,000 Contract Manager:Michael Zimmermann Date: 22-Aug-1.8 Approvals: Consultant: Date. � 3X g' CIP Manager:, y, y _ Date: 8/24/18 Appropriation Certifimtio : 1 hereby certify that an unexpended appropriation is available in the above fund for the above contract as estimated and that fund are available as of this date of sibnature Julia M. Digitally signed by Julia A Kinst , Kl1lSl City Finance: Date:zois.oe za 0e32-27-moo' Date: Management Analyst City of Cupertino Master Agreement Page 1 of T Service 0-der No.1 EXHIBIT A SCOPE OF SERVICES DeANZA MEDIAN PHASE 2-280 to Mariani TASK 1.0 GENERAL Project Description: The CONSULTANT shall perform professional services as detailed in the following sections to produce design and construction documents for median renovations on DeAnza Boulevard between Interstate 280 and Mariani Road in the City of Cupertino. 1.1 Project Limit of Work: The project limit is median island on DeAnza Boulevard between Interstate 280 and Mariani Road in the City of Cupertino. 1.2 Design Guidelines:The design shall use the DeAnza Median Islands Design Manual date October 28,2016, produced by John Cahalan Landscape Architect as the basis for developing design and construction documents described in this service order.The median segment identified as Phase 1 in that document is addressed as Phase 2 here for contractual purposes. 1.3 Project Construction Budget: The amount available for project construction shall not exceed the Estimate of Probable Construction Costs identified in Task 3.1 including contingencies for design,bidding, price escalation and City direction in Task 3.2. 1.4 The CONSULTANT shall provide all services to the satisfaction of the CITY. 1.5 The CITY's Department of Public Works shall manage the CONSULTANT shall receive project direction only from the CITY's Director of Public Works or authorized designee (hereinafter collectively "CITY").The CITY shall resolve conflicting direction from other groups, departments or agencies. 1.6 The CONSULTANT shall coordinate the project scope of services with the CITY, other CITY consultants, contractors or agencies as needed or directed by the CITY. 1.7 Estimate of Probable Construction Cost: The CONSULTANT shall design the PROJECT, so the Estimates of Probable Construction Cost are less or equal to the Project Construction Budget in 1.3 above.If the lowest responsive contractor bid exceeds the construction Budget by more than fifteen percent(15%),the CONSULTANT shall,with the CITY's advanced,written direction,revise the Construction Bid Documents to align the construction costs with the Construction Budget at no cost to the CITY. 1.8 Deliverables identified in each Task provide the basis for fee compensation. Any deficiencies in the task deflverables shall cause the CITY to, (1)reject the entire submission, and(2)require resubmission,with appropriate corrections,at no cost to the CITY.The City will not consider earned values in EXHIBIT C, Compensation Schedule until the task deliverables are accepted by the CITY. DeAnza Median Phase 2-280 to Mariani EXHIBIT A August 14,2018 John Cahalan Landscape Architect Page 1 of 5 City of Cupertino EXHIBIT A TASK 1.0 DELIVERABLES:None End of TASK 1 TASK 2.0 DESIGN DEVELOPMENT 2.1 The CONSULTANT shall provide a topographic survey at a scale of one-inch equals twenty feet(1" =20')performed by a California licensed professional land surveyor for the immediate project site inclusive of all the existing site elements affected by the median design and construction including trees with a six(6) inch caliper or greater.The survey shall be referenced to a City benchmark.Only surface evidence of underground utilities, such as boxes,cover plates,etc.The finished survey will be used as the project base sheet on one (1) CAD background,22" x 34" size scalable to one half size. 2.2 The CONSULTANT utilize the information in the DeAnza Medians Landscape Design Manual, topographic survey, a site investigation, and program data obtained from the CITY to(1)prepare a 50% design development plan at a scale of 1 inch=20 feet. The 50% design development package shall show, at a minimum; site plan, grading, proposed improvements, design elements, and demonstrate compliance with the ADA, and user safety standards consistent with requirements of governing agencies and current, standard professional practice.; (2) provide four (4) 1/4 inch=1.0-foot scale sections at critical stations along the median centerline that clearly communicate the relationship of the proposed site elements to the median and DeAnza Boulevard, (3) prepare a booklet that contains material selections, photos, colors, and manufacturer catalog cut sheets for all proposed landscape, irrigation, and structures, (4) a draft comprehensive project schedule through construction, and (5) an Estimate of Probable Construction Costs for the improvement. 2.3 The CONSULTANT shall meet with City staff to discuss the design development plan, booklet, schedule, and cost estimate.The CITY shall provide written comments direction as necessary. 2.4 The CONSULTANT shall incorporate City comments from 2.4 into a 95%design development package that refines,resolves and identifies all final site design elements. 2.5 The CONSULTANT shall meet with City staff to discuss the design development package. The CITY shall provide written comments and direction as necessary. TASK 2.0 DELIVERABLES: 2.1 Topographic survey(AutoCAD file and electronic.pdf) 2.2 50%Design Development package. (one(1)hard copy and one (1) electronic copy pdf.) 2.3 Meeting agenda and summary(electronic .pdf) DeAnza Median Phase 2-280 to Mariani EXHIBIT A August 14,2018 John Cahalan Landscape Architect Page 2 of 5 City of Cupertino EXHIBIT A 2.4 95%Design development package (one(1)hard copy and one(1) electronic copy pdf.) 2.5 Meeting agenda and summary (electronic.pdf) End of TASK 2 TASK 3.0 CONSTRUCTION DOCUMENTS 3.1 The CONSULTANT shall incorporate City comments from 2.4 into a 95%Construction Document package.The 95%construction package shall consist of the following, at a minimum: and deviating from the base map 1"=20'scale when necessary to provide greater clarity. A. Title Sheet with vicinity and location map B. Contractor staging area C. Demolition plan D. Grading and Drainage plan, E. Layout Plan F. Lighting/Electrical Plan G. Planting Plan H. Irrigation Plan I. Overhead structures,footings, and structural calculations J. Construction Details,various scales K. Draft technical specifications L. Comprehensive project schedule through construction M. Estimate of Probable Construction Cost. Documents shall be ready for public bid except for 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. 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 continents from 3.2 into a 100% Construction Bid Document package and submit it to the CITY. The submission shall include (1) original pdf set of electronic signed drawings, structural calculations,and technical specifications suitable for reproduction, (2) an original hard copy cover sheet wet signed for City approval signatures, and(3) a 100%Estimate of Probable Construction Cost,electronic .pdf. 3.4 CONSULTANT shall assist the CITY with filing permit documents required by governmental authorities/PG&E having jurisdiction over the PROJECT,including the CITY's Building Department, if required. DeAnza Median Phase 2-280 to Mariani EXHIBIT A August 14,2018 John Cahalan Landscape Architect Page 3 of 5 City of Cupertino i EXHIBIT A TASK 3.0 DELIVERABLES: 3.1 95%Plans,Specifications, &Estimate of Probable Construction Cost(pdf.) 3.2 100%Bid Document Package (one(1) electronic copy pdf.) 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 CONSULTANT shall assist the City in preparing bid addenda where clarification of the plans and technical specifications is necessary. 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. 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 and/or graphic response and submitting to the City. 5.3 The CONSULTANT shall attend the pre-construction meeting,four(4) site visits at critical construction milestones,punch walk through,final walk through and provide a written summary for each of the above. 5.4 The CONSULTANT shall provide project AS BUILT project record drawings in AutoCAD from the Contractor's redlined project AS BUILT field drawing set. 5.5 The CONSULTANT shall submit a comprehensive project data archive record consisting of all information,meeting summaries, drawings, communication, and other data used in the project development, Tasks 2.0-5.4,including City provided information. The Project Archive shall be on an archive quality electronic media CD or DVD ROM in pdf format. DeAnza Median Phase 2-280 to Mariani EXHIBIT A August 14,2018 John Cahalan Landscape Architect Page 4 of 5 City of Cupertino EXHIBIT A TASK 5.0 DELIVERABLES: 5.1 Submittal review summaries. One (1) electronic copy pdf. 5.2 Request for Information responses. (as required). One (1)electronic copy pdf. 5.3 Construction summaries.One (1) each electronic copy pdf. 5.4 AS BUILT Project Record Drawing Set. One (1)each electronic copy pdf. 5.5 Project Record Archive. (One(1)project data file on archive quality electronic media, CD or DVD ROM in pdf format) End of TASK 5.0 END OF EXHIBIT A DeAnza Median Phase 2-280 to Mariani EXHIBIT A August 14,2018 John Cahalan Landscape Architect Page 5 of 5 City of Cupertino EXHIBIT B PERFORMANCE SCHEDULE DeANZA MEDIAN PHASE 2-280 to Mariani All work in this Service Order shall be completed by December 31,2019. The task deliverables identified in Exhibit A, shall be received by City as indicated below: PROJECT DELIVERABLES (BY TASK) DELIVERY SCHEDULE (all maximum) TASK 1.0—GENERAL No deliverables TASK 2.0—DESIGN DEVELOPMENT 2.1 Topographic survey Fifteen (15)business days after SO NTP. 2.2 50%Design Development package Twenty(20)business days after 2.3 2.3 Meeting agenda and summary Two(2)business days prior/after 2.4 95%Design Development package Twenty(20)business days after 2.3 2.5 Meeting agenda and summary Two (2)business days prior/after TASK 4.0-CONSTRUCTION DOCUMENTS 4.1 95% Construction Document Package Twenty-five (25)business days after 3.2 4.2 100%Construction Bid Document Package Ten (10)business days after 3.2 TASK 5.0-BID AND AWARD SERVICES 5.1 Bidder question response (as required). Two(2)business days after receipt 5.2 Bid addenda content(as required). Two(2)business days after receipt TASK 6.0-CONSTRUCTION SERVICES 6.1 Submittal reviews Three(3)business days after receipt 6.2 Request for Information responses (as required). Three(3)business days after receipt 6.3 Construction summaries Three(3)business days after site visit 6.4 AS BUILT Project Record Drawing Set Ten(10)business days after redline receipt 6.5 Project Record Archive Five (5)business days after 6.4 END OF EXHIBIT B DeAnza Median Phase 2-280 to Mariam EXHIBIT B August 14,2018 John Cahalan Landscape Architect Page 1 of 1 City of Cupertino EXHIBIT C COMPENSATION SCHEDULE (1) BASE COMPENSATION The base compensation for this Consultant agreement shall not exceed $62,000. Any work performed in Exhibit A,Scope of Services,which exceeds the base compensation amount shall be at no cost to CITY unless provided by advanced,written authorization for additional services. 2) FEE BUDGET SCHEDULE The Fee Budget Schedule for this AGREEMENT shall be as follows: Task Task Description Task Compensation #1 General $ -0- #2: Design Development $ 35,285. #3: Construction Documents $ 15,140. #4: Bid and Award Services $ 2,080. #5: Construction Services $ 9,495. TOTAL $ 62,000 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 $62,000. 3). PAYMENT SCHEDULE The following Payment Schedule shall be used for submitting CONSULTANT invoices: Task 42- Design Development %TASK COMPENSATION 2.1 Topographic survey 20% 2.2 50%Design Development Package 30% 2.3 Meeting agenda and summary 10% 2.4 95%Design Development package 30% 2.5 Meeting agenda and summary 10% Task#3- Construction Documents 3.1 95%Construction Document submittal 50% 3.3 100% Construction Bid Document submittal 50% DeAnza Median Phase 2-280 to Mariani EXHIBIT C August 14,2018 John Cahalan Landscape Architect Page 1 of 2 City of Cupertino EXHIBIT C COMPENSATION SCHEDULE Task#4- Bid and Award Services 5.1 Bidder question response 50% 5.2 Bidder addenda 50% Task#5-Construction Services 6.1 Submittal review 25% 6.2 Request for Information responses 25% 6.3 Construction observation summaries 15% 6.4 AS BUILT Project Record Drawings 15% 6.5 Project Archive 20% 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 SUBCONSULTANT compensation is included in the above Budget and shall be invoiced by the CONSULTANT 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 additional CONSULTANT services not identified in Item B,Tasks 1-5. The CONSULTANT shall provide a written fee proposal for each request and obtain the City's written authorization prior to performing any additional services. This agreement provides a sum of 5 000 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 CONSULTANT 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 a Service Order addendum. 7). Maximum Compensation The maximum compensation for the entire Consultant agreement is $67,000. Any work for which payment exceeds the maximum amount of compensation shall be at no cost to CITY. END OF EXHIBIT C DeAnza Median Phase 2-280 to Mariam EXHIBIT C August 14,2018 John Cahalan Landscape Architect Page 2 of 2 City of Cupertino PO 2019-250 CITY OF CUPERTINO MASTER AGREEMENT CONSULTANT SERVICES SERVICE ORDER NO. 2 MASTER AGREEMENT PO#: 2019-003 M.A.Date: August 1,2018 Maximum Compensation: $150,000 S.O.Acc't No.: 420-99-007 900-905 PVAR 002 Consultant: Firm Name: John Cahalan Landscape Architect Address: 20150 Beavercreek Road,Ste. 101-447,Oregon City,OR 97045 Contact: John Cahalan Phone: 503-631-8634 Project Description: Project Name: Cupertino Senior Center ADA Sidewalk Description: (simple project description if appropriate) nAttachment A:Includes Description of Project,Scope of Service,Schedule of Performance and Compensation City Project Management Managing Department:Public Works Project Manager: Bruce Biordi Fiscal/Budget : Amount Master Agreement Maximum Compensation: $150,000 Total Previously Encumbered to Date: $67,000 Encumbrance this Service Order: $21,000 Total Liquidated Encumbrance: $0 Master Agreement Unencumbered Balance: $62,000 Contract Manager:Michael Zimmermann Date: 22-Aug-18 Appro Consultant: Date: CIP Manager:, _ Date: 8/24/18 Appropriation Certificatio 1 hereby certify that an unexpended appropriation is available in the above fund for the above contract as estimated and that fund are available as of this date of signature City Finance: Date: Management Analyst w City of Cupertino Master Agreement Page 1 of 1 Service Order No.2 EXHIBIT A SCOPE OF SERVICES CUPERTINO SENIOR CENTER ADA SIDEWALK TASK 1.0 GENERAL Project Description: The CONSULTANT shall perform professional services as detailed in the following sections to produce construction documents for an ADA compliant sidewalk on the east side of the current parking lot at the Cupertino Senior Center. 1.1 Project Limit of Work: The project limit is the area immediately adjacent to the existing curb and gutter along the east side of the Cupertino Senior Center parking lot extending into Memorial Park to a point that allows the sidewalk to logically integrate with the existing site condition. 1.2 Design Guidelines: The sidewalk shall conform to all applicable local, state, and federal requirement in addition to project requirements identified by the following scope of services. 1.3 Project Construction Budget: The amount available for project construction shall not exceed the Estimate of Probable Construction Costs identified in Task 3.1 including contingencies for design,bidding,price escalation and City direction in Task 3.2. 1.4 The CONSULTANT shall provide services necessary required to complete the tasks identified in the Scope of Services. The performance of services by CONSULTANT 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. All work in this Service Order shall be completed by December 31,2018. 1.5 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 authorized designee (hereinafter collectively "CITY"). The CITY shall resolve conflicting direction from other groups, departments or agencies. 1.6 The CONSULTANT shall coordinate the project scope of services with the CITY, other CITY consultants, contractors or agencies as needed or directed by the CITY. 1.7 Estimate of Probable Construction Cost: The CONSULTANT shall design the PROJECT, so the Estimates of Probable Construction Cost are less or equal to the Project Construction Budget in 1.3 above. If the lowest responsive contractor bid exceeds the construction Budget by more than fifteen percent(15%), the CONSULTANT shall,with the CITY's advanced,written direction,revise the Construction Bid Documents to align the construction costs with the Construction Budget at no cost to the CITY. Cupertino Senior Center ADA sidewalk EXHIBIT A August 21,2018 John Cahalan Landscape Architect Page 1 of 5 City of Cupertino EXHIBIT A 1.8 Deliverables identified in each Task provide the basis for fee compensation. Any deficiencies in the task deliverables shall cause the CITY to, (1)reject the entire submission, and (2)require resubmission,with appropriate corrections, at no cost to the CITY. The City will not consider earned values in EXHIBIT C, Compensation Schedule until the task deliverables are accepted by the CITY. TASK 1.0 DELIVERABLES:None End of TASK 1 TASK 2.0 SCHEMATIC DESIGN 2.1 The CONSULTANT shall meet with the City, observe the existing site conditions, collect data, and discuss the City's program requirements and schedule. 2.2 The CONSULTANT shall provide a topographic survey performed by a California licensed professional land surveyor at a scale of one-inch equals twenty feet(1"=20') for the immediate project site inclusive of all the existing site elements affected by the sidewalk design and construction including trees with a six(6) inch caliper or greater. Only surface evidence of underground utilities, such as boxes, cover plates, etc. The finished survey will be used as the project base sheet on one (1) CAD background,22" x 34" size scalable to one half size. 2.3 The CONSULTANT shall utilize the information gathered from the site investigation and program data obtained from the CITY to (1) a prepare a schematic design package at a scale of 1 inch=20 feet. The schematic design package shall include, at a minimum: site plan, conceptual grading, proposed improvements, design elements, demonstrate compliance with the ADA, and user safety standards consistent with requirements of governing agencies and current, standard professional practice.; (2) five 3/4 inch=1.0-foot scale sections at critical stations along the sidewalk centerline that clearly communicate the relationship of the walkway to the adjacent site elements, (3) a draft comprehensive project schedule through construction; and (4) an Estimate of Probable Construction Costs for the improvement. 2.4 The CONSULTANT shall meet with City staff to discuss the schematic design plan, schedule, and cost estimate. The CITY shall provide written comments direction as necessary. TASK 2.0 DELIVERABLES: 2.1 Meeting agenda and summary(electronic .pdf) 2.2 Topographic survey at 1" =20' (electronic .pdf) 2.3 Schematic design package Cupertino Senior Center ADA sidewalk EXHIBIT A August 212018 John Cahalan Landscape Architect Page 2 of 5 City of Cupertino EXHIBIT A 2.4 Meeting agenda and summary (electronic .pdf) End of TASK 2 TASK 3.0 DESIGN DEVELOPMENT 3.1 The CONSULTANT shall incorporate City comments from 2.4 into a design development package that shall consist of the following information, at a minimum, and deviating from the base map 1" =20' scale when necessary to provide greater clarity. A.Title Sheet with vicinity and location map B. Topographic Survey C. Demolition Plan D. Site Construction&Grading Plan (including tree protection, landscape and irrigation notes/sketches) E. Sidewalk Sections F. Construction Details 3.2 The CONSULTANT shall meet with City staff to discuss the design development package. The CITY shall provide written comments and direction as necessary. TASK 3.0 DELIVERABLES: 3.1 Design development package (one (1)hard copy and one (1) electronic copy pdf.) 3.2 Meeting agenda and summary(electronic .pdf) End of TASK 3.0 TASK 4.0 CONSTRUCTION DOCUMENTS 4.1 The CONSULTANT shall incorporate City comments from 3.2 into a 95%Construction Document package. The 95%package shall consist of construction drawings, details, structural calculations, technical and material specifications,project schedule; and a 95% Estimate of Probable Construction Cost. Documents shall be ready for public bid except for 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. A. Title Sheet with vicinity and location map B. BMP's (City standard) C. Demolition plan D. Grading and Drainage plan(including tree protection,landscape and irrigation notes/sketches) E. Construction Details,various scales Cupertino Senior Center ADA sidewalk EXHIBIT A August 212018 John Cahalan Landscape Architect Page 3 of 5 City of Cupertino EXHIBIT A F. Contractor staging area G. Technical specifications H. Comprehensive project schedule I. Estimate of Probable Construction Cost. 4.2 The CITY shall review the 95%Construction Document package and provide written comments within ten(10) working days of the submission. 4.3 The CONSULTANT shall incorporate the CITY comments from 4.2 into a 100% Construction Bid Document package and submit it to the CITY. The submission shall include (1) original pdf set of electronic signed drawings and technical specifications suitable for reproduction, (2) an original hard copy cover sheet wet signed for City approval signatures, and (3) a 100% Estimate of Probable Construction Cost,electronic .pdf. 4.4 CONSULTANT shall assist the CITY with filing permit documents required by governmental authorities/PG&E having jurisdiction over the PROJECT, including the CITY's Building Department,if required. TASK 4.0 DELIVERABLES: 4.1 95% Construction Document package (electronic pdf.) 4.3 100%Bid Document Package (one (1) electronic copy pdf.) End of TASK 4.0 TASK 5.0 BID AND AWARD SERVICES 5.1 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. 5.2 The CONSULTANT shall assist the City in preparing bid addenda where clarification of the plans and technical specifications is necessary. TASK 5.0 DELIVERABLES: 5.1 Bidder question response (as required). One (1)electronic copy pdf. 5.2 Bid addenda content(as required). One (1)electronic copy pdf. End of TASK 5.0 Cupertino Senior Center ADA sidewalk EXHIBIT A August 212018 John Cahalan Landscape Architect Page 4 of 5 City of Cupertino EXHIBIT A TASK 6.0 CONSTRUCTION SERVICES 6.1 The CONSULTANT shall assist the City in reviewing contractor submittals for conformance with the project plans and specifications and evaluating proposed substitutions by providing a written response to the City. 6.2 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 and submitting to the City. 6.3 The CONSULTANT shall attend: the pre-construction meeting, punch walk through, final walk through, and two (2) site visits site during construction at critical milestones and prepare a written summary for each of the above. 6.4 The CONSULTANT shall provide project AS BUILT project record drawings in AutoCAD from the Contractor's redlined AS BUILT field drawing set. 6.5 The CONSULTANT shall submit a comprehensive project data archive record consisting of all information,meeting summaries, drawings, communication, and other data used in the project development,Tasks 2.0-6.0, including City provided information. The Project Archive shall be on an archive quality electronic media CD or DVD ROM in pdf format. TASK 6.0 DELIVERABLES: 6.1 Submittal review summaries. One (1) electronic copy pdf. 6.2 Request for Information responses (as required).One (1) electronic copy pdf. 6.3 Construction observation summaries. One (1) each electronic copy pdf. 6.4 AS BUILT Project Record Drawing Set. One (1)each electronic copy pdf. 6.5 Project Record Archive (One (1)project data file on archive quality electronic media, CD or DVD ROM in pdf format) End of TASK 6.0 END OF EXHIBIT A Cupertino Senior Center ADA sidewalk EXHIBIT A August 212018 John Cahalan Landscape Architect Page 5 of 5 City of Cupertino EXHIBIT B PERFORMANCE SCHEDULE CUPERTINO SENIOR CENTER ADA SIDEWALK All work in this Service Order shall be completed by December 31, 2019. The task deliverables identified in Exhibit A, shall be received by City as indicated below: PROJECT DELIVERABLES (BY TASK) DELIVERY SCHEDULE (all maximum) TASK 1.0—GENERAL-None TASK 2.0—SCHEMATIC DESIGN 2.1 Meeting agenda and summary Two (2)business days prior/after 2.2 Topographic survey Ten(10)business days after 2.1 2.3 Schematic Design package Ten(10)business days after 2.2 2.4 Meeting agenda and summary Two (2)business days prior/after TASK 3.0—DESIGN DEVELOPMENT 3.1 Design Development package Fifteen (15)business days after 2.3 3.2 Meeting agenda and summary Two (2)business days prior/after TASK 4.0-CONSTRUCTION DOCUMENTS 4.1 95% Construction Document Package Twenty(20)business days after 3.2 4.2 100% Construction Bid Document Package Ten (10)business days after 3.2 TASK 5.0-BID AND AWARD SERVICES 5.1 Bidder question response (as required). Two (2)business days after receipt 5.2 Bid addenda content(as required). Two (2)business days after receipt TASK 6.0-CONSTRUCTION SERVICES 6.1 Submittal reviews Three (3)business days after receipt 6.2 Request for Information responses (as required). Three (3)business days after receipt 6.3 Construction meeting/observation summaries Three (3)business days after site visit 6.4 AS BUILT Project Record Drawing Set Ten (10)business days after redline receipt 6.5 Project Record Archive Five (5)business days after 6.4 END OF EXHIBIT B Cupertino Senior Center ADA sidewalk EXHIBIT B August 21,2018 John Cahalan Landscape Architect Page 1 of 1 City of Cupertino EXHIBIT C COMPENSATION SCHEDULE CUPERTINO SENIOR CENTER ADA SIDEWALK (1) BASE COMPENSATION The base compensation for this Consultant agreement shall not exceed$19,755. Any work performed in EXHIBIT A, 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 Description Task Compensation #1 General $ -0- #2 Schematic Design $ 8,480. #3: Design Development $ 3,305. #4: Construction Documents $ 4,290. #5 Bid and Award Services $ 425. #5: Construction Services $ 3,255. TOTAL $ 19,755. 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 $19,755. (3). PAYMENT SCHEDULE The Payment Schedule for this AGREEMENT shall be as follows: %TASK COMPENSATION Task#1-General -0- Task#2- Schematic Design 2.1 Meeting agenda and summary 10% 2.2 Topographic survey 30% 2.2 Schematic Plans, Elevation, Schedule, and Estimate 35% 2.3 Schematic Design approved (meeting agenda and summary) 25% Task#3- Design Development 3.1 Design Development Package 70% 3.2 Design Development Plan approval (meeting agenda and summary) 25% Recreation Facilities Monument Signs EXHIBIT C August 21,2018 Callander Associates Page 1 of 2 City of Cupertino EXHIBIT C COMPENSATION SCHEDULE Task#4- Construction Documents 3.1 95% Construction Document submittal 65% 3.3 100% Construction Bid Document submittal 35% 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 SUBCONSULTANT compensation is included in the above Budget and shall be invoiced by the CONSULTANT 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 additional CONSULTANT services not identified in EXHIBIT A. This Service Order provides a sum of$1,245.for Additional Services not identified in EXHIBIT A.The CONSULTANT shall not perform any additional services that exceed that amount. The CONSULTANT shall provide a written fee proposal and obtain the City's written authorization prior to performing any additional services. The CONSULTANT shall invoice for authorized Additional Services performed the previous month according to the compensation schedule identified in the Service Order addendum. (7). MAXIMUM COMPENSATION The maximum compensation for the entire Service Order is $21,000. Any work for which payment would exceed the maximum amount of compensation shall be at no cost to CITY. END OF EXHIBIT C Cupertino Senior Center ADA sidewalk EXHIBIT C August 21,2018 John Cahalan Landscape Architect Page 2 of 2 City of Cupertino PO 2019-252 CITY OF CUPERTINO MASTER AGREEMENT CONSULTANT SERVICES SERVICE ORDER NO. 3 MASTER AGREEMENT PO#: 2019-003 M.A.Date: August 1,2018 Maximum Compensation: $150,000 S.O.Acc't No.: 270-90-961900-905ST 003 Consultant: Firm Name: John Cahalan Landscape Architect Address: 2050 Beavercreek Road, Ste. 101-447, Oregon City, OR 97045 Contact: John Cahalan Phone: 503-631-8634 Project Description: Project Name: De Anza Median Island Landscaping Phase 1 (Bollinger to Rodrigues) nDescription:Provide Construction Support Services per the attached proposal dated 8/22/18 nAttachment A:Includes Description of Project,Scope of Service,Schedule of Performance and Compensation City Project Management Managing Department:Public Works Project Manager: John Raaymaker Fiscal/Budget Amount Master Agreement Maximum Compensation: $150,000 Total Previously Encumbered to Date: $88,000 Encumbrance this Service Order: $9,800 Total Liquidated Encumbrance: $0 Master Agreement Unencumbered Balance: $52,200 Contract Manager:Michael Zimme Date: 22-Aug-18 Approvals: r� Consultant: Date: CIP Manager: -I — Date: 8/24/18 Appropriation Certificatio : I hereby certify that an unexpended appropriation is available in the above fund for the above contract as estimated and that fund are available as of this date of signature City Finance: Date: Management Analyst City of Cupertino Master Agreement Page 1 of 1 Service Order No.3 John Cahalan,Landscape Architect DE ANZA BLVD. MEDIANS LANDSCAPE RENOVATION - PHASE 1 PROJECT TASKS P LA-1 PA-2 CAD TASK TOTAL 4.01 Submittal Review 2.0 6.0 4.0 0.0 $1,490.00 4.02 Requests for Information 4.0 6.0 5.0 0.0 $1,915.00 4.03 Change Orders 2.0 6.0 6.0 6.0 $2,340.00 4.04 Site Meetings/Field Reports(6 remaining) 18.0 0.0 0.0 0.0 $2,970.00 4.05 Record Drawings 1.0 2.0 0.0 6.0 $1,085.00 Subtotal Hours 27.0 20.0 15.0 12.0 Subtotal Hourly Costs $4,455.00 $2,600.00 $1,425.00 $1,320.00 TASK 4.0 TOTAL FEE $9,800.00 P: Principal LA-1: Landscape Architect PA-2: Project Assistant 2 Page 1 of 1 CAD: Computer drafting 8/22/18