Addendum #01 Attachment – Draft Agreement

Description

AGREEMENT FOR FACILITIES MASTER PLANNING SERVICES BERKELEY UNIFIED SCHOOL DISTRICT WITH ____________________________________ FOR MEASURE G BOND PROGRAM ___________, 2026 TABLE OF CONTENTS Article 1​ Definitions​ 1 Article 2 ​ Scope, Responsibilities and Services of Consultant​ 1 Article 3.​ Consultant Staff​ 2 Article 4​ Schedule of Services​ 3 Article 5​ [RESERVED]​ 4 Article 6​ Fee and Method of Payment​ 4 Article 7​ Payment for Extra Services or Changes​ 4 Article 8​ Ownership of Data​ 4 Article 9​ Termination of Contract​ 5 Article 10​ Indemnity / Consultant Liability​ 6 Article 11​ Conduct on Project Site and Fingerprinting​ 7 Article 12​ Responsibilities of the District​ 7 Article 13​ Responsibilities of District​ 8 Article 14​ Nondiscrimination​ 8 Article 15​ Insurance​ 8 Article 16​ Covenant against Contingent Fees​ 9 Article 17​ Entire Agreement/Modification​ 9 Article 18​ Non-Assignment of Agreement​ 9 Article 19​ Law, Venue​ 9 Article 20​ Alternative Dispute Resolution​ 10 Article 21​ [RESERVED]​ 10 Article 22​ Attorneys’ Fees​ 10 Article 23​ Severability​ 10 Article 24​ 10 Employment Status​ Article 25​ Certificate of Consultant​ 11 Article 26​ Cost Disclosure - Documents and Written Reports​ 12 Article 27​ Notice & Communications​ 12 Article 28​ [RESERVED]​ 12 Article 29​ District’s Right to Audit​ 12 Article 30​ Other Provisions​ 13 Article 31​ Exhibits “A” through “F”​ 14 EXHIBIT "A" – RESPONSIBILITIES AND SERVICES OF CONSULTANT​ EXHIBIT "B" – CRITERIA AND BILLING FOR EXTRA SERVICES​ EXHIBIT "C" – SCHEDULE OF SERVICES​ EXHIBIT "D" – PAYMENT SCHEDULE​ EXHIBIT "E" – INSURANCE REQUIREMENTS​ EXHIBIT "F" – FINGERPRINTING CERTIFICATION/CRIMINAL BACKGROUND INVESTIGATION​ A-1 B-1 C-1 D-1 E-1 F-1 AGREEMENT FOR FACILITIES MASTER PLANNING SERVICES This Agreement for Facilities Master Planning Services is made as of ____________, 2026, by and between the Berkeley Unified School District (“District”) and _________________ (“Consultant”) (collectively “Parties”), for a future bond measure (“Program”) to perform facilities master planning services for projects that comprise the Program (“Services”): The District is seeking to accomplish a data-driven, creative Facilities Master Plan for each site that will effectively link the District’s Educational/Strategic Master Plans with the Facilities Master Plan.