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01-046 CA Corp Cupertino Library • `�' �S` '�" .''r'4 '�{`r�r ty k 9 s'a{�� xyyyh pt�i"�-� '3�'�.��'�i b M'� "tiAf•.� �u i �� j , 4{ tl� � THIRD ANTI NIDM NT T() C ONSI 11.T'AN f3I�T`WI EN 11:. CITY C)F C.'iJ1'I;R'!'INO AND SMWM, A C'ALIJ,ORNIA ('01)PORATION 1�OR ARCIII'I'1:C"1'111ZA1, 1:)1�<;1(;iv S1•:RVIC'1:5 FOR THE CUPERTINO 1,1131ZARY, C;lti'I(:' (;C;i I[E,1?. AND CIVIC PLAZA THIS T.I1IRD AMENDMENT TO AURI:E? lEXI" is imidk- and entered into this !(I lay of � , 2003 by and betwe,rl the C.I.I.Y O1� CUPI R;TNO, a municipal corporation (herc.inarter "CI"T"Y"), and SIvIWM, a California Corporation (hereinafter` CONSUL"I`AN"I") IZI�CI"l�Al_S WHEREAS, on Jure 12, 2001, CITY and CONSU'LTANT' enterer: into an alrre,ment entitled "AGREEMENT FOR ARCHITECTURAL CONSUL'i-AN f` `,E RVICI S I I TV,'FN ']'HE CITY OI' CUPERTINO AND SIMON MAR"1IN-\/I;GUF Iv,/IOI.IS, A CALIFORTy1111`_ CORPORATION FOR NEW CUPERTIti'O LIBI?.ARY"; :in(E WHEREAS, o,. March 5, ,-002, CIT'r' a:id CONSULTANT entc;re, into an aI rectn.nt entitled "FIRST r AMENDMENT TO CONSULTANT A'._iREr.'MI:NI` THE CH`T 01. CUPERTINO A-MD SIMON MAR'ITIN-VEGUF WINKELS'fFiN ti9C)R1; A CALIFOPINIA CORPOI =.TION ARCHITECTURAL PLANNING, AND 1D1..-MG1v1 <1,--RVI(-TS FOR T111" C'UPLRTINO LIBRARY, CIVIC CENTER.AND CIVI(' I'I.AZA'- and. WHEREAS, on August 1, 2003, ClfY amd ( �)'!'til,l:li`1I cnk-red ink) an a e- ' 6 c n�ent entitle , "SECOND AMENDMENT .10 (_';1':at_'1,1,?,'v"! r; 'f;1 ,��1E.1�"1 I f: �'�,'✓1_�: J i'fll., +'ITY O CUPERTINTO AND SIMON MAi2'T`11�J-VI�CilJ;; ��'I;;I';I:LS"1f:TN f�;til�'1: . ;1 CALIFORNIA. CORPORATION FOR (('A) LIBRARY, C'I'VIC CT NTIR AND WHEREAS, CITY and CONSULTANT desire to amend the AGREEMENT to modify the basic agreement, scope of services, and increase the total compensation; and WHEREAS, the CITY OF CUPERTINO desires to obtain architectural consultant services for the combined Cupertino Library, Civic Center and Civic Plaza, (hereinafter, PROJECT); and WHEREAS, SMWM has the necessary professional expertise and skills to perform the architectural services required, NOW, THEREFORE, the purpose of this THIRD AIv[ENDMENT to the AGREEMENT is to retain SMWM as CONSULTANT TO THE CITY to perform those services specified in REVISED EXHIBIT A of this THIRD AMENDMENT. SECTION 1. SECTION 4, "COMPENSATION" is amended as follows: "The compensation to be paid to CONSULTANT, including payment for Basic Professional Services, Reimbursable Expenses and Additional Services shall not exceed the amount of Three Million Six Hundred Seventy-Seven Thousand and 00/100 DC)LLARS ($3,677,000). The rate and schedule of payment is set out in REVISED EXHIBIT C, entitled "COMPENSATION", which is attached hereto and incorporated herein." SECTION 2. All of the terms and conditions of the original AGREEMENT not modified by this Third Amendment shall remain in full force and effect. THIRD AMENC)MENT -page 2 WITNESS THE EXECUTION HEREOF and ~~n the day and year first herein above written. City of Cupertino CITY Approved a~ to Form: ,, ;; i ~ r ~ Ch Killian, City Attorney ~ By: Date: I Z. L~. ~ Dave Knapp, City Manager Attest: Date: 1 / 5 /(3~ Kimberly Smith, ~ Clerk NOTARY PUBLIC CERTIFICATION RICHARD L. SIWER Commin+on ~ 13022!9 (, i '- ~ N C~MbteM~ ly Co~M~ Esp ~ Ap j; State of California County of ~c ry (' •^~ racy S c ~ On: ~/ < <l / ~ ?~ before me, (Notary Public) 10300 Torre Avenue Cupertino, Ca. 95014 Telephone 408 777 3223 CONSULTANT tion SMWM, a California Corpora By: / C~. Name: ~ n ~ 3e r n ~t ~~~ Title: V,'c.~ P/CS.'c1{-r+~' By: ~' Name: LI'~~ a S o~,~ ~. Title: VI`Ce ~i~S ~ ~~'~ 989 Market Street, 3`d Floor San Francisco, Ca. 94103 Telephone: 415 546 0400 (Consultant) and, (Consultant) personally appeared, known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their Permitted capacities, and that by their signatures on the instrument, the persons or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. ~~ Signature of Notary Public THIRD AMENDMENT-page 3 REVISE[) EXHIBIT A SCOPE OF SERVICES General The Scope of Work for Amendment No. 3 is identified by individual Task Orders to enable City to track individual task expenses against various funding sources. Consultant shall proceed with a Task Order only upon receipt of a Notice to Proceed for a that specific Task Order, unless authorization to proceed is included in the description of the task listed in this Exhibit. Some Tasks have been authorized to proceed prior to this Amendment and will be so noted in their descriptions. If the Contractor indicates that certain portions of th~~ work need to be accomplished before a Change Order can be fully executed, Consultant shall assist the City, and the CM, in preparing a Field Order by expediting the necessary portions of the design work, to the fullest extent possible. The scope of work for each Task shall include all thf: services necessary for Design, Bidding and Construction. The scope of work for each task is further defined in the respective Consultant Additional Service Proposals (ASP), attached to this Exhibit A. Task No. 1: Library Wireless Hub Redesign re:.~SP 033 LS $35,881 Consultant shall provide Change Order design docwnents, based on earlier Schematic and Design Development phase documents and the County Library Program, to enable library patrons using their own individual lap top computers to access the Internet through a Library sponsored free connection in those locations throughout the Library where the public ha.s access. The design of this system must be coordinated with the County Library teclulical staff to ensure compatibility with existing systems equipment. The antenna hub locations should be mounted in concealed ceiling locations to the fullest extent possible. Where hubs camiot be concealed, their cabling must be concealed in walls or other architectural features. Shielding or other means sho~~ld be incorporated, as necessary, to prevent interference from other electronic or electrical devices. ASP 033 is accepted and attached for reference. Task No. 2: Plaza Wireless Hub Design re: ASP 138 LS $36,575 Consultant shall provide Change Order design docutents to enable civic plaza patrons, using their own individual lap top computers, to access the Internet through a City sponsored connection in the plaza bounded by the Community Hall, Library, City Hall, and Torre Avenue. The design of this system must be coordinated with the City IT technical staff to ensures compatibility with existing systems equipment. The antenna hub locations should be mounted in concealed or inconspicuous locations to the fullest extent possible. Any cabling that might be necessary must be concealed in walls or other architectural features. Shielding or other means should be incorporated, as necessary, to prevent interference from other electronic or electrical devices. ASP 038 is accepted and attached for reference. Task No. 3: Community Hall Patios re: ASP 034 LS $45,269 Consultant shall provide design documents depictin€; a patio on both the north and south side of the Community Hall, adjacent to the main meeting room. The patio should be between 200 and 250 square feet with a smooth durable surface. It should be enclosed by low walls and or landscaping on at least two sides. Revised Exhibit A - 1 REVISE[) EXHIBIT A SCOPE OF SERVICES It should be considered overflow space for pubic evf;nts in the large meeting room or break out space for separate meetings, weather permitting. It should have a sense of privacy from other outdoor activities that might be occurring adjacently. Public outdoor acce~;s to the restrooms should not interfere with the patio function. ASP 034 is accepted and attached for reference. City acknowledges that Consultant began work on this Task No. 3, at City's direction, for which Consultant is due compensation, in July of 2003, a portion of which was authorized by ASD 16. Task No. 4: Community Hall Ceiling Upgrade rf~: ASP 032 LS $8,019 Consultant shall investigate and recommend an alternative to the current fabric ceiling finish material in the Community Hall. The proposed alternative shall meet the acoustic requirements of the room and pose no significant detailing difficulties with respect to the existing design of the trusses, the clearstory window system, or ceiling mounted equipment. The alternative shall be easily cleaned by access from a lightweight mechanical lift, by one person, and easily repaired o:~ replaced in small sections when damaged. ASP 032 is accepted and attached for reference. City acknowledges that Consultant began work on this Task No. 4, at City's direction, for which Consultant is due compensation, in July of 2003, a portion of which was authorized by ASD 16. Task No. 5: Way Finding Signage: Site and Community Hall Signage re: ASP 036 LS $39,906 Consultant shall add to the Way Finding and Library Signage Bid Documents, as described in ASD 14 and 16, in accordance with Consultant's Additional Services Proposal, ASP 036. • 2 Exterior Site Directories • 1 Library Exterior Wall Quote • 2 Existing Site Corner Monument Sign Typography Update • 1 "City of Cupertino" on wall behind the Dais • 1 Public Notice Display case at Community 1 call • 12 Dais Position name plaques • 5 Council Member Photograph Holders at Community Hall (8x10) • 5 Library Commission Photograph Holders at Library (8x10) ASP 036 is accepted and attached for reference. City aclaiowledges that Consultant began work on tltis Task No. 5, at City's direction, for which Consultant is due compensation, in July of 2003, a portion of wi~ich was authorized by ASD 16. Task No. 6: Building Dedication Plaques (2) re: ~~SP 036 LS $7,876 Consultant shall provide Bid Documents for Dedication Plaques for the Library and the Community Hall in accordance with Consultant's Additional Services Proposal, ASP 036. ASP 036 is accepted and attached for reference. Revised Exhibit A - 2 REVISE[) EXHIBIT A SCOPE O~F SERVICES Consultant is authorized to proceed with this Task 6 upon execution of this Third Amendment. Task No. 7: Aquarium Design re ASP 026 LS $E~5,370 Consultant shall provide design services to accommodate a marine aquarium whose capacity is approximately 3,000 gallons. Consultant shall develop alternatives and propose, modify, and refine, those proposals through an accelerated design phase, prepare Construction Document materials to enable the General Contractor to incorporate the design changes with minimum disruption, cost and delay to the project. Consultant shall work in conjunction with the City's aquarium designer, Bart Fenolio, and the City's aquarium consultants, Tenji, to provide the necessary design changes to the structural slab, and the electrical, mechanical and plumbing systems for the aquarium and its associated equipment. Seismic design of the tank itself will be provided by Tenji. (:onsultant shall provide seismic restraint of the tank, as necessary. Consultant will also design and doctunent for construction the enclosure cabinets at either end of the aquarium and any overhead access panels or base enclosures as may be necessary. It is the City's intent that any case work associated with the aquarium be :identical in quality and materials to other casework in the Library and that the overall appearance of the aquarium is an integral part of the Project. The aquarium will be approximately 5 feet wide, 6 feet high and 1 ti feet long. The tank is currently envisioned to sit on a raised concrete slab, approximately 4 inches higher than the surrounding slab. ASP 026 is accepted and attached for reference. City acknowledges that Consultant began work on this Task No. 7, at City's direction, for which Consultant is due compensation, in July of 2003, a portion of which was authorized by ASD 16. Task No. 8: Aquarium Rendering re: ASP 028 I.S $7,297 ASP 028 is accepted and attached for reference. City acknowledges that Consultant began work on this Task No. 8, at City's direction, for which Consultant is due compensation, in July of 2003, a portion of which was authorized by ASD 16. Task No. 9: Aquarium Plaque re: ASP 036 LS $1,000 Consultant shall provide Bid Documents for Donor :Dedication Plaque in accordance with Consultant's Additional Services Proposal, ASP 036. ASP 036 is accepted and attached for reference. Consultant is authorized to proceed with this Task 9 upon execution of this Third Amendment. Task No. 10: Library FF/E Guidelines re: ASP 035 LS $13,783 ASP 035 is accepted and attached for reference. City acknowledges that Consultant began work on this Task No. 10, at City's direction, for which Consultant is due compensation, in November of 2003, a portion of which was authorized by ASD 16. Revised Exhibit A - 3 REVISE[) EXHIBIT A SCOPE OF SERVICES Task No. 11: Library Shelving Bid Package re: A.SP 027 LS $2,790 ASP 027 is accepted and attached for reference. City acknowledges that Consultant began work on this Task No. 11, at Ciry's direction, for which Consultant is due compensation, in November of 2003, a portion of which was authorized by ASD 16. Task No. 12: Public Art Donation Plaques re: A!~P 036 LS $6,402 Consultant shall provide Bid Documents for Dedication Plaques for the Library and the Community Hall in accordance with Consultant's Additional Services Proposal, ASP 036. ASP 036 is accepted and attached for reference. Task No. 13: Public Art Foundations re: ASP O:s9 LS $11,765 Consultant shall provide Bid Documents for founda*ions and lighting to support donated public art for the Library and the Community Hall in accordance with Consultant's Additional Services Proposal, ASP 039. ASP 039 is accepted and attached for reference. Task No. 14: Rotary Donation Plaque re: ASP 036 LS $2,200 Consultant shall provide Bid Documents for a Dedication Plaque for the donation of trees to the Civic Plaza by Cupertino Rotary, in accordance with Consultant's Additional Services Proposal, ASP 036. ASP 036 is accepted and attached for reference. Task No. 15: Sister City Donation Plaque re: ASP 036 LS $2,200 Consultant shall provide Bid Docuuments for a Dedication Plaque for the donation of trees around the Community Hall by Cupertino's sister city, Toyokawa, Japan, in accordance with Consultant's Additional Services Proposal, ASP 036. . ASP 036 is accepted and attached for reference. Task No. 16: Transformer Vaults (2) re: ASP 031 and CCD 006 LS $6,783 ASP 031 is accepted and attached for reference. City acknowledges that Consultant began work on this Task No. 16, at City's direction, for which Consultant is due compensation, in September of 2003, a portion of which was authorized by ASD 16. Task No. 17: Library Lobby and Book Return P:edesign re: ASP 029 LS $26,169 Consultant shall work with County Library staff anti reconfigure the Lobby to accommodate a revised book return layout. ASP 029 is accepted and attached for reference. City acknowledges that Consultant began work on this Task No. 17, at City's direction, for which Consultant is due compensation, in July of 2003, a portion of which was authorized by ASD 16. Revised Exhibit A - 4 REVISE[) EXHIBIT A SCOPE OF SERVICES Task No. 18: East Parking lot Redesign re ASP IJ030 and CCD 012 LS $3,423 ASP 030 is accepted and attached for reference. City acknowledges that Consultant began work on this Task No. 18, at City's direction, for which Consultant is due compensation, in September of 2003. Revised Exhibit A - 5 REVISEC~ EXHIBIT B SCHEDULE OF~ PERFORMANCE CONSULTANT shall be considered authorized to hive begun specific Task services, as described in REVISED EXHIBIT A, and noted in each Task, and shall complete all work under REVISED EXHIBIT A, Scope of Work, on or before October 31, 2004. Revised Exhibit B - 1 REVISE[) EXHIBIT C COMPS=NSATION This REVISED EXHIBIT C, COMPENSATION, replaces EXHIBIT C, COMPENSATION, in the AGREEMENT. BASIC PROFESSIONAL SERVICES CITY agrees to compensate CONSULTANT for Basic Professional Services performed in accordance with the terms and conditions of this THIRD AMENDP~IENT. The additional amount of compensation to be paid to CONSULTANT for Basic Professional Services under this THIRD AMENDMENT shall not exceed the Luinp Sum (LS) amounts shown for each Task, nor shall the cumulative total of the Tasks exceed Three Hundred Fifty Thousand aild 00/100 .Dollars ($350,000), unless authorized by an Additional Service Directive (ASD). The allowance for compensation to be paid to CONSULTANT for Reimbursable Expenses is included in each Task.. The allowance for compensation to be paid to CONSULTANT for Additional Services is One Hundred Thousand, and 00/100 Dollars ($100,000). Any hol~rs worked or expenses incurred, which would result in exceeding the combined maximum amount of comp~:nsation set forth herein, shall be at no cost to CITY. The CITY Public Works Director may approve, in writing, the transfer of budget amounts between any of the phases of Basic Professional Services or between the categories of Basic Professional Services, Reimbursable Expenses and Additional Services, provided that the total THIRD AMENDMENT amount does not exceed Three Million, Six Hundred Sevent~~-Seven Thousand and 00/100 Dollars ($3, 677,000). ADDITIONAL SERVICES CONSULTANT will be compensated for Additional Services, only by prior written authorization, by Additional Service Directive, by the Director of Public Works, or his authorized representative, on a "Time and Materials" or "Lump Sum" basis. For work performed as "Time and Materials", CONSULTANT shall Revised Exhibit C-1 REVISE[) EXHIBIT C COMPENSATION submit invoices with time allocations and back-up information, for CONSULTANTS's design staff and CONSULTANT'S Sub-consultants, to the CITY for approval. Where the work is to be performed as a "Lump Sum", CITY agrees to compensate CONSULTANT monthly based upon a percentage of work completed, plus reimbursement for Reimbursable Expenses. Where the work is to be performed on a "Time and Materials" basis, CITY agrees to compensate CONSULTANT monthly based upon the hourly rates in REVISED EXHIBIT D, BILLING RATES. CONSULTANT shall be responsible for directing the work of sub-consultants and for any compensation due to sub-consultants. CITY assumes no responsibility whatsoever concerning such compensation. REIMBURSABLE EXPENSES CONSULTANT shall be authorized reimbursement for the below listed expenses directly related to the performance of Basic Professional Services and Additional Services, provided in this THIRD AMENDMENT. • Reproduction of Drawings and Speciiacations • Private Auto Parking, Tolls, and Travel at 34 '/z cents per mile • Commercial Auto Travel • Commercial Air Travel • Meals and Lodging • Presentation materials (excluding mo~3els and artist's original renderings, which shall be considered and compensated as an Additional Service) • Project related materials, supplies or equipment CONSULTANT shall be entitled to a 10% markup of direct, authorized, Reimbursable expenses. CONSULTANT shall provide clearly legible, dated ~~ackup documentation annotated with purpose and service phase of all Reimbursable expenses. Consultant invoices shall designate % work accomplished on each task, amount due and balance remaining Revised Exhibit C-2 REVISE[) EXHIBIT D BILLINIG RATES (All Rates Indicated Shall be i,7 Effect Until December 31, 2003). 1. Architect: SMWM 989 Market St., 3`d Floor San Francisco, CA 94103 415.546.0400 SMWM RATE SCHEDULE Senior Principal $260.00/hr Principal $210.00 Associate Principal $175.00 Senior Contract Administrator $160.00 Senior Project Manager/Senior Project Architect/ Senior Project Designer/Senior Project Planner/ Senior Industrial Designer $150.00 Director of Graphic Design $140.00 Project Manager/Project Architect/ Project Designer/Project Planner $125.00 Senior Designer/Drafter/Planner $110.00 Intermediate Designer/Drafter/Planner $90.00 Designer/Drafter/Planner $75.00 Technical Administrative $65.00 Administrative $55.00 2. Structural Engineer: Forell Elsesser Engineers 160 Pine Street San Francisco, CA 94111 415.837.0700 FORELL ELSESSER RATE SCHEDULE Senior Principal: $170.00-180.00/hr Principal: $150.00 Associate/Senior Engineer: $125.00-140.00 Engineer: $100.00-120.00 [ADD Manager: $100.00 CAD Drafter: $90.00 3. Mechanical, Electrical Plumbing, Fire Protection Engineer, Telecommunications: Flack + Kurtz, Inc. 343 Sansome St., Suite 450 San Francisco, CA 941 1 1 415.433.53] 1 Revised Exhibit D-1 REVISE[) EXHIBIT D BILLI~IG RATES (All Rates /ndicated Shall be in Effect Until December 31, 2003). FLACK + KURTZ RATE SCH=EDUCE Senior Vice President $225.00/hr Vice President $190.00 Senior Associate $160.00 Associate $140.00 Engineer $125.00 Design Engineer $100.00 Designer $90.00 CAD Operator $85.00 Administration $65.00 Director of Lighting Design Services $175.00 CAD Manager $125.00 4. Civil Engineer: Sandis Humber Jones 605 Castro Street Mountain View, CA 94041-201 l 650.969.6900 SANDIS HUMBER JONES RATE SCHEDULE Principal $180.00/hr Senior Engineer $125.00 Project Engineer-Level III $110.00 Project Engineer-Level II $95.00 Project Engineer-Level I $85.00 Design Engineer-Level Ili $85.00 Design Engineer-Level II $75.00 Design Engineer-Level I $60.00 Computer/Engineering Technician-Level III $85.00 Computer/Engineering Technician-Level II $70.00 Computer/Engineering Technician-Level I $50.00 Clerical $40.00 5. Landscape Architect: Hargreaves Associates 2020 17`x' St San Francisco, CA 94103 415.865.1811 HARGREAVES RATE SCHEDULE Hargreaves $250.00/hr Jones $200.00 Anderson $115.00 Senior Associate /Associate $60.00-125.00 Staff $45.00-110.00 Revised Exhibit D-2 REVISED EXHIBIT D BILLI~IG RATES (All Ra[es Indicated Shall be rn Effect Until December 31, 2003). 6. Code Consultant: Rolf Jensen & Associates 2125 Oak Grove Rd., Suite 300 Walnut Creek, CA 94598-2539 925.938.3550 ROLF JENSEN & ASSOCIATES RATE SCHEDULE Principal $175.00/hr Senior Consulting Engineer $165.00 Project Manager $140.00 Associate Engineer $125.00 Assistant Engineer $l 15.00 Technician $100.00 7. Lighting Designer: Architectural Lightin; Design 370 Brannan Street San Francisco, CA 94107 415.495.4085 ARCHITECTURAL LIGHTING DESIGN RATE SCHEDULE Principal $150.00/hr Designer $110.00 Technical Staff $90.00 8. Specifications Writer: John Raeber, FAIf>L, FSCI, CCS 75 Seward Street San Francisco, CA 941 14 415.864.2260 JOHN RAEBER RATE SCHEDULE Principal $200.00/hr 9. Hardware Consultant: Door + Hardware Consultants 388 Market Street San Francisco, CA 941 1 1 415.623.2744 DOOR + HARDWARE CONSULTANTS RATE SCHEDULE Principal $125.00/hr Technical Levell $85.00 Technical Level Il $55.00 Technical Level III $35.00 10. Acoustical Consultant: Charles Salter Associates, Inc. 130 Sutter Street Revised Exhibit D-3 REVISEID EXHIBIT D BILLI~JG RATES (All Rates Jndicated Shall be ~n Effect Until December 31, 2003). San Francisco, CA 94104 4 ] 5.397.0422 CHARLES SALTER ASSOCI~~TES RATE SCHEDULE President, Sr. Vice-President, Vice President, Director $200.00/hr Principal Consultant $160.00 Senior Consultant $125.00 Consultant $110.00 Technical Assistant $75.00 11. Cost Estimator: Oppenheim Lewis, Inc. 60 Federal Street, Suite 307 San Francisco, CA 94107 4 ] 5.5 75.3 744 OPPENHEIM LEWIS RATE SCHEDULE Principals $130.00/hr Estimators $100.00 Project Assistants $80.00 Staff Support $60.00 12. Roofing Consultant: Lance Roof Inspection Service 2450 Peralta Blvd., #208 Fremont, CA 94536 415.575.3744 LANCE ROOF INSPECTION S]?RVICE RATE SCHEDULE Consultant $85.00/hr Revised Exhibit D-4 ~~o~ 989 Market Street, 3rd Floor, san Francisco, CA 94103 ~-'~ 1~11~1~11~1 ^ 415 546 0400 T 415 882 7098 F ADDITIONAL SERVICE PROPOSAL To: Terry Greene, Senior Architect Department of Public Works City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 From: Doug Hoffelt, AIA, Senior Associate SMWM, A California Corporation 989 Market Street, 3`d Floor San Francisco, CA 94103. Date: 3 November 2003 Project: Cupertino Civic Center Re: Library Wireless Hubs ASP No: 033 Project No: 20114.32 Original2 ~~'~ In accordance with Revised Exhibit C, Compensation, under the subheading of Additional Services, of the Second Amendment to Consultant Agreement between ThE~ City of Cupertino (the "Owner") and SMWM, A California Corporation (the "Architect"), dated 1 August 2C03, the Architect is submitting this proposal for additional services, as requested by the Owner. We request your authorization of the additional services described below. We will proceed with the work upon receipt of your signed authorization. The Architect is considering this work an Additional Service for the following reason: The Owner has requested this work to be added to the scoF~e of the Project. DESCRIPTION OF ADDITIONAL SERVICES: The Architect and its Consultants will provide the following additional services: Scope: The changes consist of: • Adding wireless hubs to the Library. 1. Architect: SMWM 1. Attend a preliminary design meeting to determine the scope of the change. 2. Coordinate the drawing changes. 3. Revise reflected ceiling plans and interior elevation;. 4. Process and issue a Construction Change Directive (CCD) for the changes. 5. Coordinate and administer the construction changE~s. 2. Mechanical/Electrical/Plumbing/IT/Security Engineer: Flack + Kurtz, Inc. 1. Services include design, specification, procurement, and installation of equipment, testing, and commissioning of a wireless network system for th~a Library. 2. Attend a preliminary design meeting to determine the scope of the change. architecture interiors planning graphic design Page 1 ASSUMPTIONS: 1. If the scope of the work should exceed that established here, the Architect may submit a request for additional services, reimbursable on a time and materials basis. 2. Cabling installation for the wireless system will be ~~one by others. SCHEDULED TIME FOR A/E PERFORMANCE: Start: As soon as authorized in writing by the O~dvner. Completion: In accordance with the project schedule. FEES FOR ADDITIONAL SERVICES*: Compensation for the above additional services shall be cornputed as a Stipulated Lump Sum as follows: 1. Stipulated Lump Sum Fee = $35,881.00 Refer to Attachment A for detail of Fee for the Architect and Architect's Consultants. This fee is inclusive of Reimbursable Expenses. METHOD OF COMPENSATION: As per Revised Exhibit C, Compensation, under the subheading of Additional Services, of the Second Amendment to Consultant Agreement, dated 1 August 2003. Page 2 ORIGINALS: This Additional Service Proposal shall be executed in two Q; originals, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Authorized by: Owner CITY OF CUPERTINO Ralph A. Qualls, Jr., Director of Public Works Date cc: Encl City of Cupertino (Original 2 of 2) File: 3.3.04 -ASP 033 (Original 1 of 2) Attachment A -Fee Chart Attachment B -Back-up Architect SIVIWM, A California Corporation Anthony Be Date // Vice-President 'V1WM, A California Corporation Linda Sobuta, Vice-President 4_~ Cate Page 3 T a, $ 989 Market Street, 3rd Floor, San Francisco, CA 94103 ~-y 1~11~/~11~1 ^ 415 546 0400 T 475 882 7098 F ADDITIONAL SERVICE PROPOSAL To: Terry Greene, Senior Architect Department of Public Works City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 From: Doug Hoffelt, AIA, Senior Associate SMWM, A California Corporation 989 Market Street, 3`d Floor San Francisco, CA 94103. Date: 3 November 2003 Project: Cupertino Civic Center Re: Civic Plaza: Wireless Hubs ASP No: 038 Project No: 20114.37 OIIgT~I1Ql Z O~'s~ In accordance with Revised Exhibit C, Compensation, under the subheading of Additional Services, of the Second Amendment to Consultant Agreement between ThE~ City of Cupertino (the "Owner") and SMWM, A California Corporation (the "Architect"), dated 1 August 2003, the Architect is submitting this proposal for additional services, as requested by the Owner. We request your authorization of the additional services described below. We will proceed with the work upon receipt of your signed authorization. The Architect is considering this work an Additional Service for the following reason: The Owner has requested this work to be added to the scoF~e of the Project. DESCRIPTION OF ADDITIONAL SERVICES: Scope: The changes consist of: • Adding wireless hubs to the Civic Center Plaza. ThE~ server for the wireless hubs will be located in either the Community Hall or the existing City Hall. 1. Architect: SMWM 1. Attend a preliminary design meeting to determine the scope of the change. 2. Coordinate the drawing changes. 3. Process and issue a Construction Change Directive (CCD) for the changes. 4. Coordinate and administer the construction changes. 2. Mechanical/Electrical/Plumbing/IT/Security Engineer: Flack + Kurtz, Inc. 1. Services include design, specification, site surveyincl, procurement and installation of equipment, configuration, and training for a wireless network ~;ystem at the Civic Plaza building. 2. Attend a preliminary design meeting to determine the scope of the change ASSUMPTIONS: 1. If the scope of the work should exceed that established here, the Architect may submit a request for additional services, reimbursable on a time and materials basis. architecture interiors planning graphic design Page 1 SCHEDULED TIME FOR A/E PERFORMANCE: Start: As soon as authorized in writing by the Owner. Completion: In accordance with the project schedule. FEES FOR ADDITIONAL SERVICES*: Compensation for the above additional services shall be computed as a Stipulated Lump Sum as follows: 1. Stipulated Lump Sum Fee = $36,575.00 * Refer to Attachment A for detail of Fee for the Architect and Architect's Consultants. This fee is inclusive of Reimbursable Expenses. METHOD OF COMPENSATION: As per Revised Exhibit C, Compensation, under the subheading of Additional Services, of the Second Amendment to Consultant Agreement, dated 1 August 2003. ORIGINALS: This Additional Service Proposal shall be executed in two (2) originals, each of which shall be deemed an original, but all of which together shall constitute one and tl~e same instrument. Authorized by: Owner CITY OF CUPERTINO AirCl1%teCt SPJIWM, A California Corporation Ralph A. Qualls, Jr., Director of Public Works Date cc: City of Cupertino (Original 2 of 2) File: 3.3.04 -ASP 038 (Original 1 of 2) Encl: Attachment A -Fee Chart Attachment B -Back-up ony Bernheim, Vice-President /!/p,6 D:~te P~IWM, A California Cor tion 'Linda Sobuta, Vice-President ~_> 11~~;~~~ Date Page 2 `f, o. 3 989 Market Street, 3rd Floor, San Francisco, CA 94103 ~y 1~11~1~11~1 ^ 475 546 0400 T 415 882 7098 F ADDITIONAL SERVICE PROPOSAL To: Terry Greene, Senior Architect Department of Public Works City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 From: Doug Hoffelt, AIA, Senior Associate SMWM, A California Corporation 989 Market Street, 3`d Floor San Francisco, CA 94103. Date: 3 November 2003 Project: Cupertino Civic Center 4riginal2 of 2 ASP No: 034 Project No: 20114.33 Re: Community Hall Patios In accordance with Revised Exhibit C, Compensation, under the subheading of Additional Services, of the Second Amendment to Consultant Agreement between The City of Cupertino (the "Owner") and SMWM, A California Corporation (the "Architect"), dated 1 August 2003, the Architect is submitting this proposal for additional services, as requested by the Owner. We request your authorization of the additional services described below. We will proceed with the work upon receipt of your signed authorization. The Architect is considering this work an Additional Service `or the following reason: The Owner has requested this work in order to accommodai:e the library's revised book hold and circulation desk programmatic and operational requirements. DESCRIPTION OF ADDITIONAL SERVICES: The Architect and its Consultants will provide the following additional services: Scope: The changes consist of: • Adding patios to the south and north sides of -the Community Hall and • Adding two pairs of doors to the north and south facades of the Community Hall. Architect: SMWM 1. Attend a preliminary design meeting to determine i:he scope of the change. 2. Prepare a preliminary design consisting of a site plan, site section, exterior wall elevations, and a wall section. 3. Attend one meeting with the Owner to discuss the preliminary design. 4. Revise the documents once to incorporate the Owr~er's comments. 5. Issue a preliminary design set for the Owner's revie~~v and sign-off. 6. Revise four (4) existing Construction Document drawings to document the change. 7. Add two (2) sheets of Construction Document drawings to document the change. 8. Process and issue a Construction Change Directive (CCD) for the changes. 9. Coordinate and administer the construction changes. architecture interiors planning graphic design Page 7 2. Landscape Architect: Hargreaves Associates 1. Attend one (1) preliminary design meeting to determine the scope of the change. 2. Prepare a preliminary design consisting of a site plan. 3. Attend one meeting with the Owner to discuss the preliminary design. 4. Revise the Construction Documents once to incorporate the Owner's comments. 5. Issue preliminary drawings for the Owner's review ;end sign-off. 6. Revise the Construction Documents to incorporate the addition of the Community Hall patio design. 7. Process and issue a Construction Change Directive (CCD) for the changes. 8. Coordinate and administer the construction changf~s.. 3. Civil Engineer: Sandis Humber Jones 1. Revise plan sheets C3.0 "Grading Plan", and C4.0 "Storm Drain" to reflect the additional patios and doors at the Community Hall. 2. Coordinate and administer the construction changf~s. 4. Structural Engineer: Forell/Elsseser 1. Provide calculations for the walls, the sizes of the rf~quired footings, and plans and sketches of the details for use by the Landscape Architect. 2. Provide a new specification section for Structural Brick or Revise specification section for Structural Brick. 3. Coordinate and administer the construction changf~s.. 5. Mechanical/Electrical/Plumbing/IT/Security Engineer: Flack + Kurtz, Inc. 1. Power, lighting, and A/V design for electrical. 2. Revise mechanical Construction Documents due to acoustical impacts of the addition. 3. Coordinate and administer the construction changf~s.. 6. Acoustical Consultant: Charles M. Salter & Associates 1. Review outdoor noise due to mechanical equipment at the patio locations and recommend noise mitigation measures and noise criteria for the outd~~or use spaces. 2. Calculate expected noise levels and provide a letter summarizing findings and recommendations. 3. Review outdoor-to-indoor noise insulation at the p,~tio door locations and recommend noise mitigation measures if required. Noise mitigation measures may include gaskets and/or glazing types for doors. 5. Lighting Design: Architectural Lighting Design 1. Revise plans, specifications, and details to suit the design of the Community Hall patios. 2. Process and issue a Construction Change Directive (CCD) for the changes. 3. Coordinate and administer the construction changE~s.. Page 2 ASSUMPTIONS: 1. If the scope of the work should exceed that established here, the Architect may submit a request for additional services, reimbursable on a time and materials basis. EXCLUSIONS: 1. Hardscape, architectural and structural design and details of the patios with walls, doors, and site lighting are specifically excluded from the Civil Engineer's scope of work. 2. Flack + Kurtz's fee does not include any plumbing, fire protection, or telecom changes. 3. The Landscape Architect will not provide separate illustrative drawings for Client design review and approval; approvals will be done by way of revision to construction documents only. 4. Site lighting photometrics, lighting circuitry, engineering other than that provided_by the scope of services, and architectural and structural engineering related to i.he garden walls are excluded from the Landscape Architect's scope of services. SCHEDULED TIME FOR A/E PERFORMANCE: Start: As soon as written authorization is received from the Owner. Completion: In accordance with the project schedule. FEES FOR ADDITIONAL SERVICES*: Compensation for the above additional services shall be computed as a Stipulated Lump Sum as follows: 1. Stipulated Lump Sum Fee = $45,269.00 Refer to Attachment A for detail of Fee for the Architect and Architect's Consultants. This fee is inclusive of Reimbursable Expenses. METHOD OF COMPENSATION: As per Revised Exhibit C, Compensation, under the subheading of Additional Services, of the Second Amendment to Consultant Agreement, dated 1 August 20(13. Page 3 ORIGINALS: This Additional Service Proposal shall be executed in two (2) originals, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Authorized by: Owner CITY OF CUPERTINO Ralph A. Qualls, Jr., Director of Public Works Date Architect SIv1WM, A CALIFORNIA CORPORATION Anthony ernhe' Vice President _ lG 1,t~ Date SI~1WM, A CALIFO NIA CO ORATION ~~~~ Linda Sobuta, V' e President Date cc: City of Cupertino (Original 2 of 2) File: 3.3.04 -ASP 034 (Original 1 of 2) Encl: Attachment A -Fee Chart Attachment B -Back-up Page 4 ro, 989 Market Street, 3rd Floor, San Francisco, CA 94103 ~~ 1~11~/~l 1~1 ^ 415 546 0400 T 415 882 7098 F ADDITIONAL SERVICE PROPOSAL To: Terry Greene, Senior Architect Department of Public Works City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 From: Doug Hoffelt, AIA, Senior Associate SMWM, A California Corporation 989 Market Street, 3`d Floor San Francisco, CA 94103. Date: 3 November 2003 Project: Cupertino Civic Center Re: Community Hall Ceiling Upgrade Original 2 of 2 ASP No: 032 Project No: 20114.31 In accordance with Revised Exhibit C, Compensation, under the subheading of Additional Services, of the Second Amendment to Consultant Agreement between ThE~ City of Cupertino (the "Owner") and SMWM, A California Corporation (the "Architect"), dated 1 August 2003, the Architect is submitting this proposal for additional services, as requested by the Owner. We request your authorization of the additional services described below. We will proceed with the work upon receipt of your signed authorization. The Architect is considering this work an Additional Service for the following reason: The Owner has requested this work to be added to the scoK~e of the Project. DESCRIPTION OF ADDITIONAL SERVICES: The Architect and its Consultants will provide the following additional services: Scope: The design changes consist of: • Changing the finish ceiling of the Community Hall to provide a more durable ceiling. Architect: SMWM 1. Attend a preliminary design meeting to determine the scope of the change. 2. Coordinate design and drawing changes. 3. Revise reflected ceiling plans and specifications. 4. Process and issue a Construction Change Directive (CCD) for the changes. 5. Coordinate and administer the construction changes. 2. Specifications Writer: John Raeber, FAIA, FCSI. 1. Provide one new specification section. 3. Acoustical Consultant: Charles M. Salter & Associates 1. Meet with the Architect to review alternative materials for the Community Hall ceiling in order to develop a short list of acoustically acceptable materials. architecture interiors planning graphic design Page 1 2. Recalculate reverberation time for the Community hall to see that the calculated times meet project criteria. 3. Provide subjective descriptions of the expected acoustical tradeoffs among the materials in order to assist the Architect and the Owner in making a fin~~l decision. ASSUMPTIONS: 1. If the scope of the work should exceed that established here, the Architect may submit a request for additional services, reimbursable on a time and materials basis. SCHEDULED TIME FOR A/E PERFORMANCE: Start: As soon as authorized in writing by the Owner. Completion: In accordance with the project schedule. FEES FOR ADDITIONAL SERVICES*: Compensation for the above additional services shall be computed as a Stipulated Lump Sum as follows: 1. Stipulated Lump Sum Fee = $8,079.00 Refer to Attachment A for detail of Fee for the Arc~hited and Architect's Consultants. This fee is inclusive of Reimbursable Expenses. METHOD OF COMPENSATION: As per Revised Exhibit C, Compensation, under the subheading of Additional Services, of the Second Amendment to Consultant Agreement, dated 1 August 20Ci3. Page 2 ORIGINALS: This Additional Service Proposal shall be executed in two (2) originals, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Authorized by: Owner CITY OF CUPERTINO Architect Sfv1WM, A California Corporation ,_ Ralph A. Qualls, Jr., Director of Public Works Anthony ern im, Vice-President _ ~! ~ ?.003 Date Date cc: City of Cupertino (Original 2 of 2) File: 3.3.04 -ASP 032 (Original 1 of 2) Encl: Attachment A -Fee Chart Attachment B -Back-up SI~1WM, A California Corporation Lin a Sobuta, Vice-President Date Page 3 -fi~o. s 989 Market Street, 3rd Floor, San Francisco, CA 94103 ~y 1~11~I~11~1 ^ t ~: i ~4 ,~~ ~ ~y~~ ~~ :=~x . 1 ~~ 415 546 0400 T 415 882 7098 F ADDITIONAL SERVICE PROPOSAL To: Terry Greene, Senior Architect Department of Public Works City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 From: Doug Hoffelt, AIA, Senior Associate SMWM, A California Corporation 989 Market Street, 3rd Floor San Francisco, CA 94103. Date: 1 December 2003 Project: Cupertino Civic Center ASP No: 036 Project No: 20114.35 Ot~agatifttl2 of~2 ! _~ Re• Way-Finding Signage Increased Scope In accordance with Revised Exhibit C, Compensation, under the subheading of Additional Services, of the Second Amendment to Consultant Agreement between Th~~ City of Cupertino (the "Owner") and SMWM, A California Corporation (the "Architect"), dated 1 August 2Ci03, the Architect is submitting this proposal for additional services, as requested by the Owner. We request your authorization of the additional services described below. We will proceed with the work upon receipt of your signed authorization. DESCRIPTION OF ADDITIONAL SERVICES: The Architect will provide professional services for the following two (2) categories of Signage: 1. Site and Community Hall Signage (Changes and additions to the original work covered by ASD 14) 2. Dedication Plaques 1. SITE AND COMMUNITY HALL SIGNAGE _ T D• S .1. --mope of Work: Provide Programming, Design Development, Docuirentation, Bidding and Fabrication Support services for the following seven (8) additional sign types: .1 Exterior Site Directory (2) .2 Exterior Wall Quote (1) .3 Existing Site Corner Monuments that will be refreshed with updated typography. (2) .4 City of Cupertino on wall behind Dais (1) .5 Public notice display case at Community Hall (1) .6 Dais Position names plaques (12t) .7 Council & Library Commission Members photograph rack or holders (10t) 1.2. Graphic Design: SMWM .1 Submit floor plans indicating sign locations and a corresponding message schedule with sign wording for Owner's review. Incorporate Owr~er's comments into a Signage Program (to include the floor plans, message schedule and design criteria) and submit to the Owner for final review and approval. .2 Develop Signage design based on the design direction selected by the Owner pursuant to ASD 14, and create templates for each sign type. Subrnit to Owner for review at 50% and 90% completion. architecture interiors planning graphic design Page 1 .3 Prepare construction documents (consisting of drawings and specifications) for sign fabrication. .4 Review signage bid package with a maximum ~~f three sign fabricators. .5 Respond to bidders' questions and assist the Cwner with selection of a fabricator. .6 Respond to sign fabricator's questions during fabrication. .7 Review shop drawings prepared by fabricator. .8 Conduct one (1) walkthrough after installation to review the visually observable work for general conformance with the contract documents, and prepare a punch list of non-conforming work. 1.3. Architecture: SMWM .1 Coordinate the work of the various disciplines. .2 Process and issue one Construction Change Directive (CCD) to the Phase 2 Contractor. 1.4. Structural Engineer: Forell/Elsesser, Inc. .1 Provide structural calculations and sketch deta Is for: • Monument signs (the design of these signs are covered by ASP 024: Library, Community Hall and Civic Plaza Way Finding Signage) • Exterior site Directories (the design of these signs are covered by this additional service proposal. .2 Coordinate and administer the construction cl-~anges. 1.5. Electrical Engineer: Flack + Kurtz, Inc. .1 Revise Construction Documents to incorporatE~ the electrical changes to the Phase 2 work. .2 Process and issue one Construction Change D rective (CCD) to the Phase 2 Contractor. 1.6. Lighting Designer: Architectural Lighting Desil~n .1 Revise plans, specifications, and details to suit new signage: • For externally-lit signage, specify new in-grade lights • For internally-lit signage, assist the ArchitE~ct in developing the scope of work for adesign- build proposal by a signage fabricator. • For internally-lit building-mounted signs at the library, book drop, and community hall, assist the architect in developing the scope of ~nrork for adesign-build proposal by a signage fabricator. .2 Coordinate and administer the construction changes 1.7. Landscape Architecture: Hargreaves Associates .1 Provide construction documentation for the site signage included in Additional Service Proposal 024: Library, Community Hall and Civic Plaza `JVay Finding Signage, and for the site signage included in this additional service proposal. The drawings will be included in the Graphic Design Bid Package. 2. DEDICATION PLAQUES 2.1. Scope of Work: Provide Programming, Design Development, Documentation, Bidding, and Fabrication Support services for the following seven plaques: .1 Interior Library Building plaque will include the year, name of the building, the members of Council (5) in office for ground breaking, and a second list of members of Council when it opened, the City Manager, the Director of Public Works, the City Architect, the Architect, the Construction Manager, Phase I Contractor, and Phase II Contractor Page 2 .2 Interior Community Hall plaque will include the year, name of the building, the members of Council (5) in office for ground breaking, and ~~ second list of members of Council when it opened, the City Manager, the Director of Public Works, the City Architect, the Architect, the Construction Manager, Phase I Contractor, and Phase II Contractor .3 Interior Aquarium plaque will state "This Maine Aquarium was made possible by the contribution of Fred and Annie Chan and their family in loving memory of Mr. Pak Chung Chan" (iconography to be determined) .4 Exterior Sister City plaque will honor the gift of grove of trees (text and iconography to be determined) .5 Exterior Rotary Club plaque will honor gift of grove of trees (text and iconography to be determined) .6 Two (2) Exterior Public Art plaques 2.2. Description of Services: .1 Submit floor plans indicating sign locations ancf a corresponding message schedule with sign wording for Owner's review. Incorporate Owner's comments into a Signage Program (to include the floor plans, message schedule and design criteria) and submit to the Owner for final review and approval. .2 Based upon the Owner's program, develop up to two (2) design variations for the plaques. All interior plaques will follow the same design to include size, shape, color and materials. All exterior plaques will follow the same shape size and dE~sign the materials may vary. Indicate proposed sign materials, shape, color and typography. Present to Owner for selection of a direction for final implementation. .3 Refine the selected design direction based on i.he Owner's comments and create templates for each sign type. Submit to Owner for review a1: 50% and 90% completion. .4 Prepare construction documents (consisting of drawings and specifications) for sign fabrication. .5 Review Signage bid package with a maximum of three sign fabricators. .6 Respond to bidders' questions and assist the Owner with selection of a fabricator. .7 Respond to sign fabricator's questions during '-abrication. .8 Review shop drawings prepared by fabricator. .9 Conduct one (1) walkthrough after installatior to review the visually observable work for general conformance with the contract documents, and prepare a punch list of non-conforming work. ASSUMPTIONS: 1. The Owner will retain a sign fabricator and will be resp~msible for paying directly for all fabrication and installation costs. 2. Owner's comments on Architect's documents submitted for Owner's review shall be consolidated on one master set. Owner will coordinate comments from the safe tenant. 3. All Signage, whether designed under this Additional Service Proposal or previously authorized under ASD 14, will be bid as a single package. Page 3 EXCLUSIONS 1. The cost of creation or purchase of artwork, which includes but is not limited to photography, illustration and typography. 2. Providing services related to the production of mock-ups of sign types. 3. Providing estimates of fabrication costs. 4. Does not include any donor signage or educational sigr~age. SCHEDULED TIME FOR A/E PERFORMANCE: Start: As soon as authorized in writing by the O~Nner. Completion: In accordance with the project schedule. the schedule for meetings, presentations and deliverables will be the same as that established in ASD 14. There will be no more than 2 weeks for Owner approval between design phases. If this time frame is exceeded, SMWM will evaluate the project schedule and adjust the meeting dates, presentation dates and deliverable dates as necessary. FEES FOR ADDITIONAL SERVICES*: Compensation for the above additional services shall be cornputed as a Stipulated Lump Sum as follows: Stipulated Lump Sum Fee = $59,584 * Refer to Attachment A for detail of Fee for the Architect and Architect's Consultants. This fee is inclusive of Reimbursable Expenses. * * Includes credit of $4, 650 for one monument sign ~~nd one cornerstone sign per ASD 14. METHOD OF COMPENSATION: As per Revised Exhibit C, Compensation, under the subheading of Additional Services, of the Second Amendment to Consultant Agreement, dated 1 August 2003. Page 4 ORIGINALS: This Additional Service Proposal shall be executed in two (2) originals, each of which shall be deemed an original, but all of which together shall constitute one and tie same instrument. Authorized by: Owner CITY OF CUPERTINO Ralph A. Qualls, Jr., Director of Public Works Date cc: City of Cupertino (Original 2 of 2) File: 3.3.04 -ASP 036 (Original 1 of 2) encl: Attachment A -Fee Chart Architect Sf~1WM, A California Corporation ~~ Anthony nheim, Vice President 1 December 2003 Date SIVIWM A California Cor ation C\ Lin Sobuta, Vice President 1 December 2003 Date Page 5 ~'o.~ 989 Market Street, 3rd Floor, San Francisco, CA 94103 I~y-~i 1~-~l -~i ^ .vi~F~r Iy F vex ~~ ~~ 41 5 546 0400 T 415 882 7098 F ADDITIONAL SERVICE PROPOSAL To: Terry Greene, Senior Architect Department of Public Works City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 From: Doug Hoffelt, AIA, Senior Associate SMWM, A California Corporation 989 Market Street, 3`d Floor San Francisco, CA 94103. Date: 1 December 2003 Project: Cupertino Civic Center ASP No: 036 Project No: 20114.35 ()rigit~tsf 22 0. I Re: Way-Finding Signage Increased Scope In accordance with Revised Exhibit C, Compensation, under the subheading of Additional Services, of the Second Amendment to Consultant Agreement between ThE~ City of Cupertino (the "Owner") and SMWM, A California Corporation (the "Architect"), dated 1 August X103, the Architect is submitting this proposal for additional services, as requested by the Owner. We request your authorization of the additional services described below. We will proceed with the work upon receipt of your signed authorization. DESCRIPTION OF ADDITIONAL SERVICES: The Architect will provide professional services for the following two (2) categories of signage: 1. Site and Community Hall Signage (Changes and additions to the original work covered by ASD 14) 2. Dedication Plaques 1. SITE AND COMMUNITY HALL SIGNAGE 1.1. Scope of Work: Provide Programming, Design Development, Documentation, Bidding and Fabrication Support services for the following seven (8) additional sign types: .1 Exterior Site Directory (2) .2 Exterior Wall Quote (1) .3 Existing Site Corner Monuments that will be refreshed with updated typography. (2) .4 City of Cupertino on wall behind Dais (1) .5 Public notice display case at Community Hlall (1) .6 Dais Position names plaques (12t) .7 Council & Library Commission Members plhotograph rack or holders (10t) 1.2. Graphic Design: SMWM .1 Submit floor plans indicating sign locations and a corresponding message schedule with sign wording for Owner's review. Incorporate Owner's comments into a Signage Program (to include the floor plans, message schedule and design criteria) and submit to the Owner for final review and approval. .2 Develop signage design based on the design direction selected by the Owner pursuant to ASD 14, and create templates for each sign type. Subrnit to Owner for review at 50% and 90% completion. architecture interiors planning graphic design Page 1 .3 Prepare construction documents (consisting of drawings and specifications) for sign fabrication. .4 Review signage bid package with a maximum of three sign fabricators. .5 Respond to bidders' questions and assist the Owner with selection of a fabricator. .6 Respond to sign fabricator's questions during i~abrication. .7 Review shop drawings prepared by fabricator. .8 Conduct one (1) walkthrough after installation to review the visually observable work for general conformance with the contract documents, and prepare a punch list of non-conforming work. 1.3. Architecture: SMWM .1 Coordinate the work of the various disciplines. .2 Process and issue one Construction Change Directive (CCD) to the Phase 2 Contractor. 1.4. Structural Engineer: Forell/Elsesser, Inc. .1 Provide structural calculations and sketch details for: • Monument signs (the design of these signs are covered by ASP 024: Library, Community Hall and Civic Plaza Way Finding Signage) • Exterior site Directories (the design of the~;e signs are covered by this additional service proposal. .2 Coordinate and administer the construction changes. 1.5. Electrical Engineer: Flack + Kurtz, Inc. .1 Revise Construction Documents to incorporatE~ the electrical changes to the Phase 2 work. .2 Process and issue one Construction Change Directive (CCD) to the Phase 2 Contractor. 1.6. Lighting Designer: Architectural Lighting Design .1 Revise plans, specifications, and details to suit new signage: • For externally-lit signage, specify new in-grade lights • For internally-lit signage, assist the ArchitE~ct in developing the scope of work for adesign- build proposal by a signage fabricator. • For internally-lit building-mounted signs at the library, book drop, and community hall, assist the architect in developing the scope of ~niork for adesign-build proposal by a signage fabricator. .2 Coordinate and administer the construction changes 1.7. Landscape Architecture: Hargreaves Associates .1 Provide construction documentation for the site signage included in Additional Service Proposal 024: Library, Community Hall and Civic Plaza 'JVay Finding Signage, and for the site signage included in this additional service proposal. TI-~e drawings will be included in the Graphic Design Bid Package. 2. 2.1. DEDICATION PLAQUES Scope of Work: Provide Programming, Design Development, Documentation, Bidding, and Fabrication Support services for the following seven pla uq es: .1 Interior Library Building p aque will include the year, name of the building, the members of Council (5) in office for ground breaking, and a second list of members of Council when it opened, the City Manager, the Director of Public Works, the City Architect, the Architect, the Construction Manager, Phase I Contractor, ar~d Phase II Contractor T D. ~ Page 2 .2 Interior Community Hall plaque will include the year, name of the building, the members of Council (5) in office for ground breaking, and a second list of members of Council when it opened, the City Manager, the Director of Public Works, the City Architect, the Architect, the Construction Mana er, Phase I Contractor anti Phase II Contractor nterior Aquarium plaque will state "This Marine Aquarium was made possible by the contribution of Fred and Annie Chan and their family in loving memory of Mr. Pak Chung Chan" (iconography to be determined) .4 Exterior Sister City plaque will honor the gift of grove of trees (text and iconography to be determined) .5 Exterior Rotary Club plaque will honor gift of grove of trees (text and iconography to be determined) .6 Two (2) Exterior Public Art plaques 2.2. Description of Services: .1 Submit floor plans indicating sign locations an~j a corresponding message schedule with sign wording for Owner's review. Incorporate Owner's comments into a Signage Program (to include the floor plans, message schedule and design ~:riteria) and submit to the Owner for final review and approval. .2 Based upon the Owner's program, develop up to two (2) design variations for the plaques. All interior plaques will follow the same design to include size, shape, color and materials. All exterior plaques will follow the same shape size and dE~sign the materials may vary. Indicate proposed sign materials, shape, color and typography. Presert to Owner for selection of a direction for final implementation. .3 Refine the selected design direction based on i:he Owner's comments and create templates for each sign type. Submit to Owner for review ai: 50% and 90% completion. .4 Prepare construction documents (consisting of drawings and specifications) for sign fabrication. .5 Review Signage bid package with a maximum of three sign fabricators. .6 Respond to bidders' questions and assist the Owner with selection of a fabricator. .7 Respond to sign fabricator's questions during fabrication. .8 Review shop drawings prepared by fabricator. .9 Conduct one (1) walkthrough after installatior to review the visually observable work for general conformance with the contract documents, and prepare a punch list of non-conforming work. ASSUMPTIONS: 1. The Owner will retain a sign fabricator and will be resp~msible for paying directly for all fabrication and installation costs. 2. Owner's comments on Architect's documents submitted for Owner's review shall be consolidated on one master set. Owner will coordinate comments from the safe tenant. 3. All Signage, whether designed under this Additional Service Proposal or previously authorized under ASD 14, will be bid as a single package. Page 3 EXCLUSIONS 1. The cost of creation or purchase of artwork, which includes but is not limited to photography, illustration and typography. 2. Providing services related to the production of mock-ups of sign types. 3. Providing estimates of fabrication costs. 4. Does not include any donor signage or educational sigriage. SCHEDULED TIME FOR A/E PERFORMANCE: Start: As soon as authorized in writing by the Owner. Completion: In accordance with the project schedule. The schedule for meetings, presentations and deliverables will be the same as that established in ASD 14. There will be no more than 2 weeks for Owner approval between design phases. If this time frame is exceeded, SMWM will evaluate the project schedule and adjust the meeting dates, presentation dates and deliverable dates as necessary. FEES FOR ADDITIONAL SERVICES*: Compensation for the above additional services shall be cornputed as a Stipulated Lump Sum as follows: Stipulated Lump Sum Fee = $59,584 * Refer to Attachment A for detail of Fee for the Architect and Architect's Consultants. This fee is inclusive of Reimbursable Expenses. * * Includes credit of $4, 650 for one monument sign ~~nd one cornerstone sign per ASD 14. METHOD OF COMPENSATION: As per Revised Exhibit C, Compensation, under the subheacjing of Additional Services, of the Second Amendment to Consultant Agreement, dated 1 August 2003. Page 4 ORIGINALS: This Additional Service Proposal shall be executed in two (2) originals, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Authorized by: Owner CITY OF CUPERTINO Ralph A. Qualls, Jr., Director of Public Works Date cc: City of Cupertino (Original 2 of 2) File: 3.3.04 -ASP 036 (Original 1 of 2) encl: Attachment A -Fee Chart Airchitect SN~1WM, A California Corporation ~~ Anthony nheim, Vice President 1 December 2003 D,3te SIJIWc A California Cor ation ~~1~ ~ ~~Q Li 1 December 2003 Date Page 5 T, o. ~ 989 Market Street, 3rd Floor, San Francisco, CA 94103 ~y 1~/1~1~11~1 ^ 415 546 0400 T 415 882 7098 F ADDITIONAL SERVICE PROPOSAL To: Terry Greene, Senior Architect Department of Public Works City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 From: Doug Hoffelt, AIA, Senior Associate SMWM, A California Corporation 989 Market Street, 3'd Floor San Francisco, CA 94103. Date: 3 November 2003 Project: Cupertino Civic Center ASP No: 026 Project No: 20114.25 Original 2 of Z Re: Library Aquarium In accordance with Revised Exhibit C, Compensation, under the subheading of Additional Services, of the Second Amendment to Consultant Agreement between The City of Cupertino (the "Owner") and SMWM, A California Corporation (the "Architect"), dated 1 August 2003, the Architect is submitting this proposal for additional services, as requested by the Owner. We request your authorization of the additional services described below. We will proceed with the work upon receipt of your signed authorization. The Architect is considering this work an Additional Service 'for the following reason: The Owner has requested this work to be added to the scope of the Project. DESCRIPTION OF ADDITIONAL SERVICES: The Architect and its Consultants will provide the following additional services: Scope: The changes consist of: • Adding a 2000 gallon aquarium, • Re-locating the janitor's closet, • Adding a aquarium life support room, and • Re-configuring the first floor in the vicinity of the aquarium. Architect: SMWM 1. Concept Design. See Attachment B (complete). 2. Prepare design development drawings consisting o.: an enlarged floor plan, reflected ceiling plan and interior elevations. 3. Attend an aquarium design meeting with the Ownf~r to finalize the design direction, discuss the schedule and to clarify SMWM's scope (and Owner's aquarium consultant's scope). 4. Revise the documents once to incorporate the Owner's comments. 5. Issue final design development drawings to Owner for review and Owner's sign-off. 6. Issue final design development drawings to Owner's aquarium consultant for the development of detailed aquarium drawings and the equipment layout of the life support room. The Owner's aquarium consultant must confirm that the final design development drawings are consistent with the design of the 'aquarium' work. 7. Attend an aquarium coordination meeting with the Owner, the Owner's aquarium consultant, and SMWM's consultants to discuss the engineering reciuirements. It is assumed that the Owner's aquarium consultant will provide detailed aquarium drawings and the equipment layout of the life support room. architecture interiors planning graphic design Page 1 8. Revise the Construction Document drawings to document changes. 9. Coordinate the changes of the various disciplines. 10. Attend an aquarium audiovisual and graphic design meeting with the Owner, the Owner's aquarium consultant, and the Owner's Audiovisual Consultant. 11. Coordinate the design of the Owner's Audiovisual ~~onsultant. 12. Process and issue a Construction Change Directive (CCD) for the changes. 13. Coordinate and administer the construction changes. 2. Structural Engineer: Forell/Elsseser 1. Attend an aquarium coordination meeting to determine the scope of the changes. 2. Design the footing and provide sketches for two different aquarium locations. (This work has already been completed.) 3. Design anchorage and provide sketches, stamped and signed structural calculations, for attachment to the structure only. 4. Provide sketches of the pad under the aquarium including thickness, dimensions and reinforcing. 5. Study resultant loads of hoist beam (done by others) on the structure and strengthen is required. 6. Coordinate and administer the construction changE~s. 3. Mechanical/Electrical/Plumbing/IT/Security Engineer: Flack + Kurtz, Inc. 1. Attend an aquarium coordination meeting to determine the scope of the changes. 2. Revise the Construction Documents to incorporate the changes. 3. Process and issue a Construction Change Directive ;CCD) for the changes. 4. Coordinate and administer the construction changE~s. 4. Acoustical Consultant: Charles M. Salter & Associates 1. Review the location of mechanical equipment associated with the aquarium (e.g. pumps, ventilation fans). 2. Provide written recommendations for noise reduction and vibration isolation. 5. Lighting Design: Architectural Lighting Design 1. Revise plans, specifications, and details to suit the r~ew aquarium design, including coordination with the aquarium designers as required. 2. Coordinate and administer the construction changes. 6. Hardware Consultant: Door Hardware Consultant 1. Review the changes for significant implications to hardware. 7. Specifications Writer: John Raeber, FCIS, FAIA 1. Revise the appropriate specification sections. ASSUMPTIONS: 1. If the scope of the work should exceed that established here, the Architect may submit a request for additional services, reimbursable on a time and materials basis. 2. The Owner's aquarium consultant will provide acoustic ~jata on all equipment associated with the aquarium. 3. The Architect's acoustical consultant assumes that the aquarium will be substantially larger than a typical home aquarium (i.e., large enough to require a dedicated pump and require ventilation of the pump room), but not large enough to require substantial additional acoustical evaluation of the space from which patrons observe the aquarium. Page 2 SCHEDULED TIME FOR A/E PERFORMANCE: Start: This work has already begun. Completion: In accordance with the project schedule. FEES FOR ADDITIONAL SERVICES*: Compensation for the above additional services shall be computed as a Stipulated Lump Sum as follows: 1. Stipulated Lump Sum Fee = $65,370.00 * Refer to Attachment A for detail of Fee for the Arc~iitect and Architect's Consultants. This fee is inclusive of Reimbursable Expenses. METHOD OF COMPENSATION: As per Revised Exhibit C, Compensation, under the subheading of Additional Services, of the Second Amendment to Consultant Agreement, dated 1 August 20Ci3. ORIGINALS: This Additional Service Proposal shall be executed in two (2) originals, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Authorized by: Owner CITY OF CUPERTINO Ralph A. Qualls, Jr., Director of Public Works Date Architect SIv1WM, A CALIFORNIA CORPORATION Anthony r eim, Vice President _ !/ 0 Date SV1WM, A CALIFORNIA CORPORATyON dent cc Encl: City of Cupertino (Original 2 of 2) File: 3.3.04 -ASP 026 (Original 1 of 2) Attachment A -Fee Chart Attachment B -Back-up D Page 3 T-0, 8 989 Market Street, 3rd Floor, San Francisco, CA 94103 ~y -~i U~~l -~i ^ 415 546 0400 T 415 882 7098 F ADDITIONAL SERVICE PROPOSAL To: Terry Greene, Senior Architect Department of Public Works City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Original 2 of 2 From: Doug Hoffelt, AIA, Senior Associate SMWM, A California Corporation 989 Market Street, 3`d Floor San Francisco, CA 94103. Date: 27 October 2003 Project: Cupertino Civic Center ASP No: 028 Project No: 20114.27 Re: Project Enhancement -Aquarium Renderings In accordance with Revised Exhibit C, Compensation, under the subheading of Additional Services, of the Second Amendment to Consultant Agreement between ThE~ City of Cupertino (the "Owner") and SMWM, A California Corporation (the "Architect"), dated 1 August 2C03, the Architect is submitting this proposal for additional services, as requested by the Owner. We request your authorization of the additional services described below. We will proceed with the work upon receipt of your signed authorization. The Architect is considering this work an Additional Service for the following reason: The Owner has requested this additional work. DESCRIPTION OF ADDITIONAL SERVICES: The Architect and its Consultants will provide the following additional services: 1. Architect: SMWM 1. Meet once with Owner to discuss renderings & views of two (2) aquarium locations. 2. Coordinate response between Owner and Renderer. 3. Advise Renderer of additions and changes to sketch. 4. Review preliminary sketches for previous location for aquarium. 5. Provide watercolor hard copy and an electronic file. 6. Provide two (2) 30" x 42" presentation boards and twenty-five (25) 8 %z" x 11 "color copies of rendering, including delivery costs. 2. Renderer: J.F. Mahoney 1. Determine project orientation. 2. Evaluate perspective construction based on Architectural documents. 3. View selection process and rough composition for ,approval. 4. Create line art. 5. Create color image for use. ASSUMPTIONS: 1. If the scope of the work should exceed that established here, the Architect may submit a request for additional services, reimbursable on a time and materials basis. architecture interiors planning graphic design Page 1 2. Approvals of artwork made by Terry Greene will be considered final. SCHEDULED TIME FOR A/E PERFORMANCE: This work has been completed. FEES FOR ADDITIONAL SERVICES*: Compensation for the above additional services shall be cornputed as a Stipulated Lump Sum as follows: Stipulated Lump Sum Fee = $7,297.00 Refer to Attachment A for detail of Fee for the Architect and Architect's Consultants. This fee is inclusive of Reimbursable Expenses METHOD OF COMPENSATION: As per Revised Exhibit C, Compensation, under the subheading of Additional Services, of the Second Amendment to Consultant Agreement, dated 1 August 2003. ORIGINALS: This Additional Service Proposal shall be executed in two (2j originals, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Authorized by: Owner CITY OF CUPERTINO Ralph A. Qualls, Jr., Director of Public Works Architect SMWM, A CALIFORNIA CORPORATION _ y ~ A.ntho ~Ber eim, Vice President !6 6%~~ Date cc: City of Cupertino (Original 2 of 2) File: 3.3.04 -ASP 028 (Original 1 of 2) Encl: Attachment A -Fee Chart Attachment B -Back-up Cate WM, A CALIF IA C RATION L nda Sobuta, Vice-President Cate Page 2 1 ,6~-t 989 Market Street, 3rd Floor, San Francisco, CA 94103 Q-y 1~1 UI~I -~l ^ ~ , ~ , ~; t .. ~~ K ., ._.. ,~ ~ .~ 415 546 0400 T 415 882 7098 F ADDITIONAL SERVICE PROPOSAL To: Terry Greene, Senior Architect Department of Public Works City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 From: Doug Hoffelt, AIA, Senior Associate SMWM, A California Corporation 989 Market Street, 3`d Floor San Francisco, CA 94103. Date: 1 December 2003 Project: Cupertino Civic Center ASP No: 036 Project No: 20114.35 ®fid~'d1~ld~ Z Of 6 ' I Re: Way-Finding Signage Increased Scooe In accordance with Revised Exhibit C, Compensation, under the subheading of Additional Services, of the Second Amendment to Consultant Agreement between ThE~ City of Cupertino (the "Owner") and SMWM, A California Corporation (the "Architect"), dated 1 August 2003, the Architect is submitting this proposal for additional services, as requested by the Owner. We request your authorization of the additional services de~~cribed below. We will proceed with the work upon receipt of your signed authorization. DESCRIPTION OF ADDITIONAL SERVICES: The Architect will provide professional services for the following two (2) categories of Signage: 1. Site and Community Hall Signage (Changes and additions to the original work covered by ASD 14) 2. Dedication Plaques 1. SITE AND COMMUNITY HALL SIGNAGE 1.1. Scope of Work: Provide Programming, Design Development, Documentation, Bidding and Fabrication Support services for the following seven (8) additional sign types: .1 Exterior Site Directory (2) .2 Exterior Wall Quote (1) .3 Existing Site Corner Monuments that will be refreshed with updated typography. (2) .4 City of Cupertino on wall behind Dais (1) .5 Public notice display case at Community Hall (1) .6 Dais Position names plaques (12t) .7 Council & Library Commission Members photograph rack or holders (10t) 1.2. Graphic Design: SMWM .1 Submit floor plans indicating sign locations and a corresponding message schedule with sign wording for Owner's review. Incorporate Owner's comments into a Signage Program (to include the floor plans, message schedule and design criteria) and submit to the Owner for final review and approval. .2 Develop Signage design based on the design direction selected by the Owner pursuant to ASD 14, and create templates for each sign type. Submit to Owner for review at 50% and 90% completion. architecture interiors planning graphic design Page 1 .3 Prepare construction documents (consisting of drawings and specifications) for sign fabrication. .4 Review signage bid package with a maximum of three sign fabricators. .5 Respond to bidders' questions and assist the Owner with selection of a fabricator. .6 Respond to sign fabricator's questions during fabrication. .7 Review shop drawings prepared by fabricator. .8 Conduct one (1) walkthrough after installation to review the visually observable work for general conformance with the contract documents, and prepare a punch list of non-conforming work. 1.3. Architecture: SMWM .1 Coordinate the work of the various disciplines. .2 Process and issue one Construction Change Directive (CCD) to the Phase 2 Contractor. 1.4. Structural Engineer: Forell/Elsesser, Inc. .1 Provide structural calculations and sketch details for: • Monument signs (the design of these sigrs are covered by ASP 024: Library, Community Hall and Civic Plaza Way Finding Signage) • Exterior site Directories (the design of the~;e signs are covered by this additional service proposal. .2 Coordinate and administer the construction cF~anges. 1.5. Electrical Engineer: Flack + Kurtz, Inc. .1 Revise Construction Documents to incorporatE~ the electrical changes to the Phase 2 work. .2 Process and issue one Construction Change Directive (CCD) to the Phase 2 Contractor. 1.6. Lighting Designer: Architectural Lighting Desi~~n .1 Revise plans, specifications, and details to suit new signage: • For externally-lit signage, specify new in-grade lights • For internally-lit signage, assist the ArchitE~ct in developing the scope of work for adesign- build proposal by a signage fabricator. • For internally-lit building-mounted signs at the library, book drop, and community hall, assist the architect in developing the scope of ~nvork for adesign-build proposal by a signage fabricator. .2 Coordinate and administer the construction changes 1.7. Landscape Architecture: Hargreaves Associates .1 Provide construction documentation for the site signage included in Additional Service Proposal 024: Library, Community Hall and Civic Plaza 'JVay Finding Signage, and for the site signage included in this additional service proposal. Tf•e drawings will be included in the Graphic Design Bid Package. 2. DEDICATION PLAQUES 2.1. Scope of Work: Provide Programming, Design Development, Documentation, Bidding, and Fabrication Support services for the following seven plaques: .1 Interior Library Building plaque will include the year, name of the building, the members of Council (5) in office for ground breaking, and a second list of members of Council when it opened, the City Manager, the Director of Public Works, the City Architect, the Architect, the Construction Manager, Phase I Contractor, and Phase II Contractor Page 2 .2 Interior Community Hall plaque will include the year, name of the building, the members of Council (5) in office for ground breaking, and a second list of members of Council when it opened, the City Manager, the Director of Put~lic Works, the City Architect, the Architect, the ~~Q, Construction Mana er, Phase I Contractor an~~ Phase II Contractor .3 Interior Aquarium p aque will state "This Marine Aquarium was made possible by the contribution of Fred and Annie Chan and their family in loving memory of Mr. Pak Chung Chan" (iconograph to be determined) .4 error Sister ity p aque wi honor the gift: of grove of trees (text and iconography to be determined) 5 Exterior Rotary Club plaque will honor gift of grove of trees (text and iconography to be determined) 6 Two (2) Exterior Public Art plaques 2.2. Description of Services: .1 Submit floor plans indicating sign locations and a corresponding message schedule with sign wording for Owner's review. Incorporate Owner's comments into a Signage Program (to include the floor plans, message schedule and design criteria) and submit to the Owner for final review and approval. .2 Based upon the Owner's program, develop up to two (2) design variations for the plaques. All interior plaques will follow the same design to include size, shape, color and materials. All exterior plaques will follow the same shape size and df~sign the materials may vary. Indicate proposed sign materials, shape, color and typography. Present to Owner for selection of a direction for final implementation. .3 Refine the selected design direction based on the Owner's comments and create templates for each sign type. Submit to Owner for review at 50% and 90% completion. .4 Prepare construction documents (consisting of drawings and specifications) for sign fabrication. .5 Review Signage bid package with a maximum of three sign fabricators. .6 Respond to bidders' questions and assist the Owner with selection of a fabricator. .7 Respond to sign fabricator's questions during fabrication. .8 Review shop drawings prepared by fabricator. .9 Conduct one (1) walkthrough after installation to review the visually observable work for general conformance with the contract documents, and prepare a punch list of non-conforming work. ASSUMPTIONS: 1. The Owner will retain a sign fabricator and will be responsible for paying directly for all fabrication and installation costs. 2. Owner's comments on Architect's documents submitted for Owner's review shall be consolidated on one master set. Owner will coordinate comments from the Cafe tenant. 3. All Signage, whether designed under this Additional Service Proposal or previously authorized under ASD 14, will be bid as a single package. Page 3 EXCLUSIONS 1. The cost of creation or purchase of artwork, which includes but is not limited to photography, illustration and typography. 2. Providing services related to the production of mock-uF~s of sign types. 3. Providing estimates of fabrication costs. 4. Does not include any donor signage or educational signage. SCHEDULED TIME FOR A/E PERFORMANCE: Start: As soon as authorized in writing by the O~~vner. Completion: In accordance with the project schedule. The schedule for meetings, presentations and deliverables will be the same as that established in ASD 14. There will be no more than 2 weeks for Owner approval between design phases. If this time frame is exceeded, SMWM will evaluate the project schedule and adjust the meeting dates, presentation dates and deliverable dates as necessary. FEES FOR ADDITIONAL SERVICES*: Compensation for the above additional services shall be cornputed as a Stipulated Lump Sum as follows: Stipulated Lump Sum Fee = $59,584 * Refer to Attachment A for detail of Fee for the Architect and Architect's Consultants. This fee is inclusive of Reimbursable Expenses. * * Includes credit of $4, 650 for one monument sign ~~nd one cornerstone sign per ASD 14. METHOD OF COMPENSATION: As per Revised Exhibit C, Compensation, under the subheading of Additional Services, of the Second Amendment to Consultant Agreement, dated 1 August 2003. Page 4 ORIGINALS: This Additional Service Proposal shall be executed in two (2) originals, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Authorized by: Owner CITY OF CUPERTINO Ralph A. Qualls, Jr., Director of Public Works. Date Architect SI~1WM, A California Corporation ~~ l Anthony nheim, Vice President 1 December 2003 Date SI~IWM, A California Cor ation i Lin Sobuta, Vice President 1 December 2003 D~3te cc: City of Cupertino (Original 2 of 2) File: 3.3.04 -ASP 036 (Original 1 of 2) encl: Attachment A -Fee Chart Page 5 ~;o, to 989 Market Street, 3rd Floor, San Francisco, CA 94103 1~-y 1~11~I~11~1 ^ 415 546 0400 T 415 882 7098 F ADDITIONAL SERVICE PROPOSAL To: Terry Greene, Senior Architect Department of Public Works City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Qriginal 2 of 2 From: Doug Hoffelt, AIA, Senior Associate SMWM, A California Corporation 989 Market Street, 3`d Floor San Francisco, CA 94103. Date: 3 November 2003 Project: Cupertino Civic Center ASP No: 035 Project No: 20114.34 Re: Library Interior Furniture and Furnishings Design Direction In accordance with Revised Exhibit C, Compensation, under the subheading of Additional Services, of the Second Amendment to Consultant Agreement between The City of Cupertino (the "Owner") and SMWM, A California Corporation (the "Architect"), dated 1 August 2003, the Architect is submitting this proposal for additional services, as requested by the Owner. We request your authorization of the additional services described below. We will proceed with the work upon receipt of your signed authorization. The Architect is considering this work an Additional Service ~or the following reason: The Owner has requested this work to be added to the scope of the Project. DESCRIPTION OF ADDITIONAL SERVICES: The Architect and its Consultants will provide the following ~~dditional services: Scope: The changes consist of: • Developing a succinct list of style and quality criteria3 that will establish the design direction for the future selection, specification and purchase of new furniture and furnishings of the Cupertino Library 1. Architect: SMWM 1. Establish direction by means of a brainstorm kick-oif meeting with the City of Cupertino and the Librarians to gather ideas and information about pztron and staff general criteria needs and wants. 2. Prepare and present a preliminary presentation in tFle form of loose photographic images and samples of: a. A series of interior spaces depicting general furniture style and design direction b. Several approaches to styles for the furniture appropriate to the Community of Cupertino and to the architecture of the building. c. A palette of colors, textures, frame materials arid upholsteries applicable to the furniture and furnishings. 3. After initial presentation, revise and re-present based on input from the Client Group. 4. Prepare a preliminary budget. architecture interiors planning graphic design Page 1 5. Prepare a succinct furniture criteria document, whi~.h defines the style and materials in the form of basic outline lists of manufacturer furniture types vrith finishes. Provide a list of minimal upholstery types and a palette of upholstery colors. ASSUMPTIONS: 1. If the scope of the work should exceed that established here, the Architect may submit a request for additional services, reimbursable on a time and materials basis. 2. The scope of work does not include furniture nor furniture types for the staff, office systems, and equipment areas. 3. The furniture criteria document provided will be a cluideline, not a specification. EXCLUSIONS: 1. The furniture criteria document will exclude performance criteria and specific furniture items. 2. The furniture criteria document will exclude developing program information. 3. The furniture criteria document will exclude development of a programmatic attributes for general furniture nor specific library furniture items, i.e.; computer terminals, index tables, carrels, atlas stands, map cases, shelving units, etc. 4. The furniture criteria document will exclude any work associated with the electrification of furniture items, task lighting, etc. 5. The furniture criteria document will exclude any su'asequent interiors professional services, such as specifications, nor advice or coordination with furniture suppliers in ordering and installing furniture. 6. The furniture criteria document will exclude surveys of existing furniture. SCHEDULED TIME FOR A/E PERFORMANCE: Start: As soon as authorized in writing by the O~nvner. Completion: In accordance with the project schedule. FEES FOR ADDITIONAL SERVICES*: Compensation for the above additional services shall be computed as a Stipulated Lump Sum as follows: Stipulated Lump Sum Fee = $13,783.00 Refer to Attachment A for detail of Fee for the Arci~ited and Architect's Consultants. This fee is inclusive of Reimbursable Expenses. METHOD OF COMPENSATION: As per Revised Exhibit C, Compensation, under the subheading of Additional Services, of the Second Amendment to Consultant Agreement, dated 1 August 2003. Page 2 ORIGINALS: This Additional Service Proposal shall be executed in two (2) originals, each of which shall be deemed an original, but all of which together shall constitute one and tl~e same instrument. Authorized by: Owner CITY OF CUPERTINO Ralph A. Qualls, Jr., Director of Public Works Date cc Encl City of Cupertino (Original 2 of 2) File: 3.3.04 -ASP 035 (Original 1 of 2) Attachment A-Fee Chart Attachment B -Back-up Architect SP~1WM, A California Corporation A~thon Be nheim, Vice-President _ 6 November 2003 Date SIv1WM, A Californ' C rporation Pliy a -Vegue, Secretary of the orp ration _ 6 November 2003 Date Page 3 -C.~• ll 989 Market Street, 3rd Floor, San Francisco, CA 94103 ~-~ 1~1 U/~11~1 ^ 415 546 0400 T 415 882 7098 F ADDITIONAL SERVICE PROPOSAL To: Terry Greene, Senior Architect Department of Public Works City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 From: Doug Hoffelt, AIA, Senior Associate SMWM, A California Corporation 989 Market Street, 3`d Floor San Francisco, CA 94103. Date: 4 December 2003 Project: Cupertino Civic Center ASP No: 027 Project No: 20114.26 (hlginal 2 of~ 1 Re: Book Stacks Bid Packa4e In accordance with Revised Exhibit C, Compensation, under the subheading of Additional Services, of the Second Amendment to Consultant Agreement between ThE~ City of Cupertino (the "Owner") and SMWM, A California Corporation (the "Architect"), dated 1 August 2003, the Architect is submitting this proposal for additional services, as requested by the Owner. We request your authorization of the additional services described below. We will proceed with the work upon receipt of your signed authorization. The Architect is considering this work an Additional Service for the following reason: The Owner requested that the book stack scope be broken ~~ut of the Contract Documents for the base contract and be included in a separate package of Contract Documents. DESCRIPTION OF ADDITIONAL SERVICES: The Architect and its Consultants will provide the following additional services: 1. Architect: SMWM 1. Prepare separate bid package of Contract Documents for book stacks. ASSUMPTIONS: 1. If the scope of the work should exceed that established here, the Architect may submit a request for additional services, reimbursable on a time and materia'~s basis. SCHEDULED TIME FOR A/E PERFORMANCE: Start: As soon as authorized in writing by the O~rvner. Completion: In accordance with the project schedule. architecture interiors planning graphic design Page 1 FEES FOR ADDITIONAL SERVICES*: Compensation for the above additional services shall be computed as a Stipulated Lump Sum as follows: 1. Stipulated Lump Sum Fee = $2,790.00 Refer to Attachment A for detail of Fee for the Architect and Architect's Consultants. This fee is inclusive of Reimbursable Expenses METHOD OF COMPENSATION: As per Revised Exhibit C, Compensation, under the subheading of Additional Services, of the Second Amendment to Consultant Agreement, dated 1 August 2003. ORIGINALS: This Additional Service Proposal shall be executed in two (2) originals, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Authorized by: Owner CITY OF CUPERTINO Ralph A. Qualls, Jr., Director of Public Works Date cc: Encl City of Cupertino (Original 2 of 2) File: 3.3.04 -ASP 027 (Original 1 of 2) Attachment A -Fee Chart Attachment B -Back-up Architect SP~IWM, A CALIFORNIA CORPORATION Cathy Simon, Presid nt 5 December 2003 Date ~~v1WM, A CALIFORNIA CORP TION c L~ Sobuta, Vice-President 5 December 2003 Date Page 2 "~:'4. !2 989 Market Street, 3rd Floor, San Francisco, CA 94103 ~-y 1~11~1~11~1 ^ 415 546 0400 T 415 882 7098 F ADDITIONAL SERVICE PROPOSAL To: Terry Greene, Senior Architect Department of Public Works City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 From: Doug Hoffelt, AIA, Senior Associate SMWM, A California Corporation 989 Market Street, 3`d Floor San Francisco, CA 94103. Date: 1 December 2003 Project: Cupertino Civic Center ASP No: 036 Project No: 20114.35 (lrlgatttaf Z of i Re• Way-Finding_Signage Increased Scope In accordance with Revised Exhibit C, Compensation, under the subheading of Additional Services, of the Second Amendment to Consultant Agreement between Thl:~ City of Cupertino (the "Owner") and SMWM, A California Corporation (the "Architect"), dated 1 August 2C03, the Architect is submitting this proposal for additional services, as requested by the Owner. We request your authorization of the additional services described below. We will proceed with the work upon receipt of your signed authorization.. DESCRIPTION OF ADDITIONAL SERVICES: The Architect will provide professional services for the following two (2) categories of signage: 1. Site and Community Hall Signage (Changes and additions to the original work covered by ASD 14) 2. Dedication Plaques 1. SITE AND COMMUNITY HALL SIGNAGE 1.1. Scope of Work: Provide Programming, Design Development, Documentation, Bidding and Fabrication Support services for the following seven (8) additional sign types: .1 Exterior Site Directory (2) .2 Exterior Wall Quote (1) .3 Existing Site Corner Monuments that will be refreshed with updated typography. (2) .4 City of Cupertino on wall behind Dais (1) .5 Public notice display case at Community Hlall (1) .6 Dais Position names plaques (12t) .7 Council & Library Commission Members photograph rack or holders (10t) 1.2. Graphic Design: SMWM .1 Submit floor plans indicating sign locations and a corresponding message schedule with sign wording for Owner's review. Incorporate Owner's comments into a Signage Program (to include the floor plans, message schedule and design criteria) and submit to the Owner for final review and approval. .2 Develop signage design based on the design direction selected by the Owner pursuant to ASD 14, and create templates for each sign type. Submit to Owner for review at 50% and 90% completion. architecture interiors planning graphic design Page 1 .3 Prepare construction documents (consisting of drawings and specifications) for sign fabrication. .4 Review signage bid package with a maximum of three sign fabricators. .5 Respond to bidders' questions and assist the Owner with selection of a fabricator. .6 Respond to sign fabricator's questions during fabrication. .7 Review shop drawings prepared by fabricator. .8 Conduct one (1) walkthrough after installation to review the visually observable work for general conformance with the contract documents, and prepare a punch list of non-conforming work. 1.3. Architecture: SMWM .1 Coordinate the work of the various disciplines. .2 Process and issue one Construction Change Directive (CCD) to the Phase 2 Contractor. 1.4. Structural Engineer: Forell/Elsesser, Inc. .1 Provide structural calculations and sketch details for: • Monument signs (the design of these signs are covered by ASP 024: Library, Community Hall and Civic Plaza Way Finding Signage) • Exterior site Directories (the design of these signs are covered by this additional service proposal. .2 Coordinate and administer the construction cl-ranges. 1.5. Electrical Engineer: Flack + Kurtz, Inc. .1 Revise Construction Documents to incorporate the electrical changes to the Phase 2 work. .2 Process and issue one Construction Change Directive (CCD) to the Phase 2 Contractor. 1.6. Lighting Designer: Architectural Lighting Desiiln .1 Revise plans, specifications, and details to suit new signage: • For externally-lit signage, specify new in-grade lights • For internally-lit signage, assist the ArchitE~ct in developing the scope of work for adesign- build proposal by a signage fabricator. • For internally-lit building-mounted signs at the library, book drop, and community hall, assist the architect in developing the scope of v~~ork for adesign-build proposal by a signage fabricator. .2 Coordinate and administer the construction changes 1.7. Landscape Architecture: Hargreaves Associates .1 Provide construction documentation for the site signage included in Additional Service Proposal 024: Library, Community Hall and Civic Plaza `Nay Finding Signage, and for the site signage included in this additional service proposal. The drawings will be included in the Graphic Design Bid Package. 2. DEDICATION PLAQUES 2.1. Scope of Work: Provide Programming, Design Development, Documentation, Bidding, and Fabrication Support services for the following seven plaques: .1 Interior Library Building plaque will include the year, name of the building, the members of Council (5) in office for ground breaking, and a second list of members of Council when it opened, the City Manager, the Director of Public Works, the City Architect, the Architect, the Construction Manager, Phase I Contractor, and Phase II Contractor Page 2 .2 Interior Community Hall plaque will include the year, name of the building, the members of Council (5) in office for ground breaking, and ~~ second list of members of Council when it opened, the City Manager, the Director of Public Works, the City Architect, the Architect, the Construction Manager, Phase I Contractor, and Phase II Contractor .3 Interior Aquarium plaque will state "This Marine Aquarium was made possible by the contribution of Fred and Annie Chan and their family in loving memory of Mr. Pak Chung Chan" (iconography to be determined) .4 Exterior Sister City plaque will honor the gift of grove of trees (text and iconography to be determined) .5 Exterior Rotary Club plaque will honor gift of grove of trees (text and iconography to be ~A. 12 2.2. determined .6 Two 2) Exterior Public Art plaques uescr~ptivn or ~erv~ces: .1 Submit floor plans indicating sign locations an~f a corresponding message schedule with sign wording for Owner's review. Incorporate Owner's comments into a Signage Program (to include the floor plans, message schedule and design criteria) and submit to the Owner for final review and approval. .2 Based upon the Owner's program, develop up to two (2) design variations for the plaques. All interior plaques will follow the same design to include size, shape, color and materials. All exterior plaques will follow the same shape size and dErsign the materials may vary. Indicate proposed sign materials, shape, color and typography. Present to Owner for selection of a direction for final implementation. .3 Refine the selected design direction based on the Owner's comments and create templates for each sign type. Submit to Owner for review a1: 50% and 90% completion. .4 Prepare construction documents (consisting of drawings and specifications) for sign fabrication. .5 Review Signage bid package with a maximum of three sign fabricators. .6 Respond to bidders' questions and assist the Owner with selection of a fabricator. .7 Respond to sign fabricator's questions during ~~abrication. .8 Review shop drawings prepared by fabricator. .9 Conduct one (1) walkthrough after installation to review the visually observable work for general conformance with the contract documents, and prepare a punch list of non-conforming work. ASSUMPTIONS: 1. The Owner will retain a sign fabricator and will be responsible for paying directly for all fabrication and installation costs. 2. Owner's comments on Architect's documents submitted for Owner's review shall be consolidated on one master set. Owner will coordinate comments from the ~~afe tenant. 3. All Signage, whether designed under this Additional Service Proposal or previously authorized under ASD 14, will be bid as a single package. Page 3 EXCLUSIONS 1. The cost of creation or purchase of artwork, which includes but is not limited to photography, illustration and typography. 2. Providing services related to the production of mock-ups of sign types. 3. Providing estimates of fabrication costs. 4. Does not include any donor signage or educational sigr~age. SCHEDULED TIME FOR A/E PERFORMANCE: Start: As soon as authorized in writing by the O~Nner. Completion: In accordance with the project schedule. The schedule for meetings, presentations and deliverables will be the same as that established in ASD 14. There will be no more than 2 weeks for Owner approval between design phases. If this time frame is exceeded, SMWM will evaluate the project schedule and adjust the meeting dates, presentation dates and deliverable dates as necessary. FEES FOR ADDITIONAL SERVICES*: Compensation for the above additional services shall be cornputed as a Stipulated Lump Sum as follows: Stipulated Lump Sum Fee = $59,584 * Refer to Attachment A for detail of Fee for the Architect and Architect's Consultants. This fee is inclusive of Reimbursable Expenses. * * Includes credit of $4, 650 for one monument sign ~jnd one cornerstone sign per ASD 14. METHOD OF COMPENSATION: As per Revised Exhibit C, Compensation, under the subheading of Additional Services, of the Second Amendment to Consultant Agreement, dated 1 August 2003. Page 4 ORIGINALS: This Additional Service Proposal shall be executed in two (2) originals, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Authorized by: Owner CITY OF CUPERTINO Ralph A. Qualls, Jr., Director of Public Works Date cc: City of Cupertino (Original 2 of 2) File: 3.3.04 -ASP 036 (Original 1 of 2) encl: Attachment A -Fee Chart Airchitect SP~1WM, A California Corporation -l~ Anthony nheim, Vice President 1 December 2003 Date SP~1WM A California Cor ation Lm Sobuta, Vice President 1 December 2003 D~3te Page 5 ~'ro. t3 989 Market Street, 3rd Floor, San Francisco, CA 94103 ~ kl{ .1 I ~ _wt 3 ~.~ ~~ ,•I ,1111 ,'I ~ ~~ ~.~ 415 546 0400 T 41 5 882 7098 F ADDITIONAL SERVICE PROPOSAL ~ 3 To: Terry Greene, Senior Architect Department of Public Works a City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Otigitttil Z of ~ From: Doug Hoffelt, AIA, Senior Associate SMWM, A California Corporation 989 Market Street, 3'd Floor San Francisco, CA 94103. Date: 4 December 2003 ASP No: 039 Project: Cupertino Civic Center Project No: 20114.38 Re: Bronze Statues In accordance with Revised Exhibit C, Compensation, under the subheading of Additional Services, of the Second Amendment to Consultant Agreement between ThE~ City of Cupertino (the "Owner") and SMWM, A California Corporation (the "Architect"), dated 1 August 2003, the Architect is submitting this proposal for additional services, as requested by the Owner. We request your authorization of the additional services de~;cribed below. We will proceed with the work upon receipt of your signed authorization. The Architect is considering this work an Additional Service for the following reason: The Owner has requested this work to be added to the scoF>e of the Project. DESCRIPTION OF ADDITIONAL SERVICES: The Architect and its Consultants will provide the following additional services: Scope: The changes consist of incorporating two pieces of Public Art into the Civic Center design. Foundation and lighting design will be provided for the following sculptures: • A group of 5 bronze figures about 4 feet high, in a ring or a line, set in the DG area in front of the Community Hall. • 2 figures, about 2 feet high, to be set in the Library Courtyard. 1. Architect: SMWM 1. Attend one meeting with the Owner to discuss the preliminary design. 2. Issue a preliminary design set for the Owner's review and sign-off. 3. Process and issue a Construction Change Directive (CCD) for the changes. 4. Coordinate and administer the construction changes. 2. Landscape Architect: Hargreaves Associates 1. Prepare a preliminary design consisting of a site pl~~n and a paving plan. 2. Attend one meeting with the Owner to discuss the preliminary design. 3. Revise the Construction Documents once to incorporate the Owner's comments. 4. Issue preliminary drawings for the Owner's review and sign-off. 5. Revise the Construction Documents to incorporate the addition of the bronze figures. architecture interiors planning graphic design Page 1 6. Process and issue a Construction Change Directive (CCD) for the changes. 7. Coordinate and administer the construction changes. 3. Structural Engineer: Forell/Elsseser 1. Provide structural drawings and calculations for foundations and anchorage of two sets of bronze figures. 2. Coordinate and administer the construction changes.. 4. Mechanical/Electrical/Plumbing/IT/Security Engineer: Flack + Kurtz, Inc. 1. Provide electrical drawings for additional electrical circuiting and lighting. 2. Process and issue a Construction Change Directive (CCD) for the changes. 3. Coordinate and administer the construction chang~as. 5. Lighting Design: Architectural Lighting Design 1. Revise plans, specifications, and details to suit new lighting for exterior bronze figures. 2. Process and issue a Construction Change Directive (CCD) for the changes. 3. Coordinate and administer the construction changes. ASSUMPTIONS: 1. If the scope of the work should exceed that established here, the Architect may submit a request for additional services, reimbursable on a time and materials basis. 2. The proposed statues will be added to the current desicln and will not cause any current site elements to be altered. EXCLUSIONS: 1. Flack + Kurtz's fee does not include any plumbing, fire protection, or telecom changes. 2. The Landscape Architect will not provide separate 'Ilustrative drawings for Client design review and approval; approvals will be done by way of revision to construction documents only. 3. Site lighting photometrics, lighting circuitry, enginf~ering other than that provided by the scope of services, and architectural and structural engineering related to the garden walls are excluded from the Landscape Architect's scope of services. SCHEDULED TIME FOR A/E PERFORMANCE: Start: As soon as authorized in writing by the Owner. Completion: In accordance with the project schedule. FEES FOR ADDITIONAL SERVICES*: Compensation for the above additional services shall be computed as a Stipulated Lump Sum as follows: Stipulated Lump Sum Fee = $11,903.00 Refer to Attachment A for detail of Fee for the Architect and Architect's Consultants. This fee is inclusive of Reimbursable Expenses. Page 2 METHOD OF COMPENSATION: As per Revised Exhibit C, Compensation, under the subheading of Additional Services, of the Second Amendment to Consultant Agreement, dated 1 August 20C3. ORIGINALS: This Additional Service Proposal shall be executed in two (2) originals, each of 'which shall be deemed an original, but all of which together shall constitute one and t'~e same instrument. Authorized by: Owner CITY OF CUPERTINO Ralph A. Qualls, Jr., Director of Public Works Architect SP~1WM, A California Corporation /' -~. C, y Simon, P esid t Date cc: City of Cupertino (Original 2 of 2) File: 3.3.04 -ASP 039 (Original 1 of 2) Encl: Attachment A -Fee Chart Attachment B -Back-up 5 December 2003 Date SIv1WM, A California Cor ion Linda Sobuta, Vice-President 5 December 2003 Date Page 3 ~':o.t4 Icy 1~11~1~11~1 ^ ADDITIONAL SERVICE PROPOSAL To: Terry Greene, Senior Architect Department of Public Works City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 989 Market Street, 3rd Floor, San Francisco, CA 94103 try, L3a1~` ~ a '. ~ y ,s From: Doug Hoffelt, AIA, Senior Associate SMWM, A California Corporation 989 Market Street, 3`d Floor San Francisco, CA 94103. Date: 1 December 2003 Project: Cupertino Civic Center 3 3 0 3 415 546 0400 T 415 88Z 7098 F Qrigat~af 2 of 2 ASP No: 036 Project No: 20114.35 Re• Way-Finding Signage Increased Scope In accordance with Revised Exhibit C, Compensation, under the subheading of Additional Services, of the Second Amendment to Consultant Agreement between Thc~ City of Cupertino (the "Owner") and SMWM, A California Corporation (the "Architect"), dated 1 August 2003, the Architect is submitting this proposal for additional services, as requested by the Owner. We request your authorization of the additional services described below. We will proceed with the work upon receipt of your signed authorization. DESCRIPTION OF ADDITIONAL SERVICES: The Architect will provide professional services for the following two (2) categories of Signage: 1. Site and Community Hall Signage (Changes and additions to the original work covered by ASD 14) 2. Dedication Plaques 1. SITE AND COMMUNITY HALL SIGNAGE 1.1. Scope of Work: Provide Programming, Design Development, Documentation, Bidding and Fabrication Support services for the following seven .(8) additional sign types: .1 Exterior Site Directory (2) .2 Exterior Wall Quote (1) .3 Existing Site Corner Monuments that will be refreshed with updated typography. (2) .4 City of Cupertino on wall behind Dais (1) .5 Public notice display case at Community Hall (1) .6 Dais Position names plaques (12t) .7 Council & Library Commission Members photograph rack or holders (10t) 1.2. Graphic Design: SMWM .1 Submit floor plans indicating sign locations and a corresponding message schedule with sign wording for Owner's review. Incorporate Owr~er's comments into a Signage Program (to include the floor plans, message schedule and design criteria) and submit to the Owner for final review and approval. .2 Develop Signage design based on the design direction selected by the Owner pursuant to ASD 14, and create templates for each sign type. Subrnit to Owner for review at 50% and 90% completion. architecture interiors planning graphic design Page 1 .3 Prepare construction documents (consisting of drawings and specifications) for sign fabrication. .4 Review signage bid package with a maximum of three sign fabricators. .5 Respond to bidders' questions and assist the Owner with selection of a fabricator. .6 Respond to sign fabricator's questions during fabrication. .7 Review shop drawings prepared by fabricator. .8 Conduct one (1) walkthrough after installation to review the visually observable work for general conformance with the contract documents, and prepare a punch list of non-conforming work. 1.3. Architecture: SMWM .1 Coordinate the work of the various disciplines. .2 Process and issue one Construction Change Directive (CCD) to the Phase 2 Contractor. 1.4. Structural Engineer: Forell/Elsesser, Inc. .1 Provide structural calculations and sketch details for: • Monument signs (the design of these signs are covered by ASP 024: Library, Community Hall and Civic Plaza Way Finding Signage) • Exterior site Directories (the design of these signs are covered by this additional service proposal. .2 Coordinate and administer the construction cf ranges. 1.5. Electrical Engineer: Flack + Kurtz, Inc. .1 Revise Construction Documents to incorporate the electrical changes to the Phase 2 work. .2 Process and issue one Construction Change Directive (CCD) to the Phase 2 Contractor. 1.6. Lighting Designer: Architectural Lighting Desii~n .1 Revise plans, specifications, and details to suit new signage: • For externally-lit signage, specify new in-grade lights • For internally-lit signage, assist the ArchitE~ct in developing the scope of work for adesign- build proposal by a signage fabricator. • For internally-lit building-mounted signs at the library, book drop, and community hall, assist the architect in developing the scope of work for adesign-build proposal by a signage fabricator. .2 Coordinate and administer the construction changes 1.7. Landscape Architecture: Hargreaves Associates .1 Provide construction documentation for the site signage included in Additional Service Proposal 024: Library, Community Hall and Civic Plaza `JVay Finding Signage, and for the site signage included in this additional service proposal. The drawings will be included in the Graphic Design Bid Package. 2. DEDICATION PLAQUES 2.1. Scope of Work: Provide Programming, Design Development, Documentation, Bidding, and Fabrication Support services for the following seven plaques: .1 Interior Library Building plaque will include the year, name of the building, the members of Council (5) in office for ground breaking, and a second list of members of Council when it opened, the City Manager, the Director of Public Works, the City Architect, the Architect, the Construction Manager, Phase I Contractor, and Phase II Contractor Page 2 .2 Interior Community Hall plaque will include':he year, name of the building, the members of Council (5) in office for ground breaking, and ~i second list of members of Council when it opened, the City Manager, the Director of Public Works, the City Architect, the Architect, the Construction Manager, Phase I Contractor, and Phase II Contractor .3 Interior Aquarium plaque will state "This Marine Aquarium was made possible by the contribution of Fred and Annie Chan and their family in loving memory of Mr. Pak Chung Chan" (iconography to be determined) .4 Exterior Sister City plaque will honor the gift of grove of trees (text and iconography to be ~•Q• ~~' .5 Exterior Rotary Club plaque will honor gift of grove of trees (text and iconography to be Two 2) Exterior Public Art plaques 2.2. Description of Services: .1 Submit floor plans indicating sign locations anc~ a corresponding message schedule with sign wording for Owner's review. Incorporate Ownc~r's comments into a Signage Program (to include the floor plans, message schedule and design criteria) and submit to the Owner for final review and approval. .2 Based upon the Owner's program, develop up to two (2) design variations for the plaques. All interior plaques will follow the same design to include size, shape, color and materials. All exterior plaques will follow the same shape size and design the materials may vary. Indicate proposed sign materials, shape, color and typography. Present to Owner for selection of a direction for final implementation. .3 Refine the selected design direction based on the Owner's comments and create templates for each sign type. Submit to Owner for review at 50% and 90% completion. .4 Prepare construction documents (consisting of drawings and specifications) for sign fabrication. .5 Review Signage bid package with a maximum ~~f three sign fabricators. .6 Respond to bidders' questions and assist the C~wner with selection of a fabricator. .7 Respond to sign fabricator's questions during fabrication. .8 Review shop drawings prepared by fabricator. .9 Conduct one (1) walkthrough after installation to review the visually observable work for general conformance with the contract documents, and prepare a punch list of non-conforming work. ASSUMPTIONS: 1. The Owner will retain a sign fabricator and will be responsible for paying directly for all fabrication and installation costs. 2. Owner's comments on Architect's documents submitted for Owner's review shall be consolidated on one master set. Owner will coordinate comments from the ~_afe tenant. 3. All Signage, whether designed under this Additional Sevice Proposal or previously authorized under ASD 14, will be bid as a single package. Page 3 EXCLUSIONS 1. The cost of creation or purchase of artwork, which includes but is not limited to photography, illustration and typography. 2. Providing services related to the production of mock-ups of sign types. 3. Providing estimates of fabrication costs. 4. Does not include any donor signage or educational signage. SCHEDULED TIME FOR A/E PERFORMANCE: Start: As soon as authorized in writing by the Owner. Completion: In accordance with the project schedule. "fhe schedule for meetings, presentations and deliverables will be the same as that estab fished in ASD 14. There will be no more than 2 weeks for Owner approval between design phases. If this time frame is exceeded, SMWM will evaluate the project schedule and adjust the meeting dates, presentation dates and deliverable dates as necessary. FEES FOR ADDITIONAL SERVICES*: Compensation for the above additional services shall be computed as a Stipulated Lump Sum as follows: Stipulated Lump Sum Fee = $59,584 * Refer to Attachment A for detail of Fee for the Architect and Architect's Consultants. This fee is inclusive of Reimbursable Expenses. * * Includes credit of $4, 650 for one monument sign and one cornerstone sign per ASD 14. METHOD OF COMPENSATION: As per Revised Exhibit C, Compensation, under the subheac ing of Additional Services, of the Second Amendment to Consultant Agreement, dated 1 August 20C3. Page 4 ORIGINALS: This Additional Service Proposal shall be executed in two (2) originals, each of which shall be deemed an original, but all of which together shall constitute one and tl~e same instrument. Authorized by: Owner CITY OFCUPERTINO Ralph A. Qualls, Jr., Director of Public Works Date cc: City of Cupertino (Original 2 of 2) File: 3.3.04 -ASP 036 (Original 1 of 2) encl: Attachment A -Fee Chart Architect S~AWM, A California Corporation --~~ Anthony nheim, Vice President 1 December 2003 Date S~nWM A California Cor ation Lin Sobuta, Vice President 1 December 2003 Date Page 5 "~'0. IS 989 Market Street, 3rd Floor, San Francisco, CA 94103 I~y-~11~1~11~1 ^ ~`m _ -~ F ~ V ~, x ~, 415 546 0400 T 415 882 7098 F ADDITIONAL SERVICE PROPOSAL To: Terry Greene, Senior Architect Department of Public Works City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 From: Doug Hoffelt, AIA, Senior Associate SMWM, A California Corporation 989 Market Street, 3`d Floor San Francisco, CA 94103. Date: 1 December 2003 ASP No: 036 Project: Cupertino Civic Center Project No: 20114.35 Origantt! 22 0. _.~ Re' Way-Finding Signage Increased Scope In accordance with Revised Exhibit C, Compensation, under the subheading of Additional Services, of the Second Amendment to Consultant Agreement between ThE~ City of Cupertino (the "Owner") and SMWM, A California Corporation (the "Architect"), dated 1 August 2C03, the Architect is submitting this proposal for additional services, as requested by the Owner. We request your authorization of the additional services described below. We will proceed with the work upon receipt of your signed authorization. DESCRIPTION OF ADDITIONAL SERVICES: The Architect will provide professional services for the following two (2) categories of signage: 1. Site and Community Hall Signage (Changes and additions to the original work covered by ASD 14) 2. Dedication Plaques 1. SITE AND COMMUNITY HALL SIGNAGE 1.1. Scope of Work: Provide Programming, Design Development, Documentation, Bidding and Fabrication Support services for the following seven (8) additional sign types: .1 Exterior Site Directory (2) .2 Exterior Wall Quote (1) .3 Existing Site Corner Monuments that will be refreshed with updated typography. (2) .4 City of Cupertino on wall behind Dais (1) .5 Public notice display case at Community Hall (1) .6 Dais Position names plaques (12t) .7 Council & Library Commission Members pl~otograph rack or holders (10t) 1.2. Graphic Design: SMWM .1 Submit floor plans indicating sign locations and a corresponding message schedule with sign wording for Owner's review. Incorporate Owner's comments into a Signage Program (to include the floor plans, message schedule and design criteria) and submit to the Owner for final review and approval. .2 Develop signage design based on the design direction selected by the Owner pursuant to ASD 14, and create templates for each sign type. Submit to Owner for review at 50% and 90% completion. architecture interiors planning graphic design Page 1 .3 Prepare construction documents (consisting of drawings and specifications) for sign fabrication. .4 Review signage bid package with a maximum of three sign fabricators. .5 Respond to bidders' questions and assist the Owner with selection of a fabricator. .6 Respond to sign fabricator's questions during fabrication. .7 Review shop drawings prepared by fabricator. .8 Conduct one (1) walkthrough after installation to review the visually observable work for general conformance with the contract documents, arnj prepare a punch list of non-conforming work. 1.3. Architecture: SMWM .1 Coordinate the work of the various disciplines. .2 Process and issue one Construction Change Directive (CCD) to the Phase 2 Contractor. 1.4. Structural Engineer: Forell/Elsesser, Inc. .1 Provide structural calculations and sketch details for: • Monument signs (the design of these signs are covered by ASP 024: Library, Community Hall and Civic Plaza Way Finding Signage) • Exterior site Directories (the design of these signs are covered by this additional service proposal. .2 Coordinate and administer the construction cf^anges. 1.5. Electrical Engineer: Flack + Kurtz, Inc. .1 Revise Construction Documents to incorporate the electrical changes to the Phase 2 work. .2 Process and issue one Construction Change Directive (CCD) to the Phase 2 Contractor. 1.6. Lighting Designer: Architectural Lighting Desii~n .1 Revise plans, specifications, and details to suit new signage: For externally-lit signage, specify new in-grade lights • For internally-lit signage, assist the ArchitE~ct in developing the scope of work for adesign- build proposal by a signage fabricator. • For internally-lit building-mounted signs at the library, book drop, and community hall, assist the architect in developing the scope of ~n~ork for adesign-build proposal by a signage fabricator. .2 Coordinate and administer the construction changes 1.7. Landscape Architecture: Hargreaves Associates .1 Provide construction documentation for the site signage included in Additional Service Proposal 024: Library, Community Hall and Civic Plaza'JVay Finding Signage, and for the site signage included in this additional service proposal. The drawings will be included in the Graphic Design Bid Package. 2. DEDICATION PLAQUES 2.1. Scope of Work: Provide Programming, Design Development, Documentation, Bidding, and Fabrication Support services for the following seven plaques: .1 Interior Library Building plaque will include the year, name of the building, the members of Council (5) in office for ground breaking, and a second list of members of Council when it opened, the City Manager, the Director of Public Works, the City Architect, the Architect, the Construction Manager, Phase I Contractor, ar~d Phase II Contractor Page 2 .2 Interior Community Hall plaque will include 1:he year, name of the building, the members of Council (5) in office for ground breaking, and zi second list of members of Council when it opened, the City Manager, the Director of Public Works, the City Architect, the Architect, the Construction Manager, Phase I Contractor, and Phase II Contractor .3 Interior Aquarium plaque will state "This Marine Aquarium was made possible by the contribution of Fred and Annie Chan and their family in loving memory of Mr. Pak Chung Chan" ~ -~ O ~ ICJ 4 E erior Sister City plaque will honor the gift of grove of trees (text and iconography to be .5 Exterior Rotary Club plaque will honor gift of grove of trees (text and iconography to be determined) .6 Two (2) Exterior Public Art plaques 2.2. Description of Services: .1 Submit floor plans indicating sign locations anti a corresponding message schedule with sign wording for Owner's review. Incorporate Owner's comments into a Signage Program (to include the floor plans, message schedule and design criteria) and submit to the Owner for final review and approval. .2 Based upon the Owner's program, develop up to two (2) design variations for the plaques. All interior plaques will follow the same design to include size, shape, color and materials. All exterior plaques will follow the same shape size and dE~sign the materials may vary. Indicate proposed sign materials, shape, color and typography. Present to Owner for selection of a direction for final implementation. .3 Refine the selected design direction based on the Owner's comments and create templates for each sign type. Submit to Owner for review ai: 50% and 90% completion. .4 Prepare construction documents (consisting of drawings and specifications) for sign fabrication. .5 Review Signage bid package with a maximum of three sign fabricators. .6 Respond to bidders' questions and assist the Owner with selection of a fabricator. .7 Respond to sign fabricator's questions during ~~~abrication. .8 Review shop drawings prepared by fabricator. .9 Conduct one (1) walkthrough after installation to review the visually observable work for general conformance with the contract documents, and prepare a punch list of non-conforming work. ASSUMPTIONS: 1. The Owner will retain a sign fabricator and will be resp~~nsible for paying directly for all fabrication and installation costs. 2. Owner's comments on Architect's documents submitted for Owner's review shall be consolidated on one master set. Owner will coordinate comments from the Cafe tenant. 3. All Signage, whether designed under this Additional Service Proposal or previously authorized under ASD 14, will be bid as a single package. Page 3 EXCLUSIONS 1. The cost of creation or purchase of artwork, which includes but is not limited to photography, illustration and typography. 2. Providing services related to the production of mock-ups of sign types. 3. Providing estimates of fabrication costs. 4. Does not include any donor signage or educational sigr~age. SCHEDULED TIME FOR A/E PERFORMANCE: Start: As soon as authorized in writing by the O~Nner. Completion: In accordance with the project schedule. ~l-he schedule for meetings, presentations and deliverables will be the same as that established in ASD 14. There will be no more than 2 weeks for Owner approval between design phases. If this time frame is exceeded, SMWM will evaluate the project schedule and adjust the meeting dates, presentation dates and deliverable dates as necessary. FEES FOR ADDITIONAL SERVICES*: Compensation for the above additional services shall be computed as a Stipulated Lump Sum as follows: Stipulated Lump Sum Fee = $59,584 * Refer to Attachment A for detail of Fee for the Architect and Architect's Consultants. This fee is inclusive of Reimbursable Expenses. * * Includes credit of $4, 650 for one monument sign ~~nd one cornerstone sign per ASD 14. METHOD OF COMPENSATION: As per Revised Exhibit C, Compensation, under the subheading of Additional Services, of the Second Amendment to Consultant Agreement, dated 1 August 2003. Page 4 ORIGINALS: This Additional Service Proposal shall be executed in two (2) originals, each of which shall be deemed an original, but all of which together shall constitute one and tl~e same instrument. Authorized by: Owner CITY OF CUPERTINO Ralph A. Qualls, Jr., Director of Public Works Date cc: City of Cupertino (Original 2 of 2) File: 3.3.04 -ASP 036 (Original 1 of 2) encl: Attachment A -Fee Chart Airchitect S~J1WM, A California Corporation ~~ l Anthony nheim, Vice President 1 December 2003 D;3te SP~IWc A California Cor ation Lin Sobuta, Vice President 1 December 2003 D~3te Page 5 T~ o, its 989 Market Street, 3rd Floor, San Francisco, CA 94103 ~y 1~11~I~11~l ^ 415 546 0400 T 41 5 882 7098 F ADDITIONAL SERVICE PROPOSAL To: Terry Greene, Senior Architect Department of Public Works City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 From: Doug Hoffelt, AIA, Senior Associate SMWM, A California Corporation 989 Market Street, 3`d Floor San Francisco, CA 94103. Date: 3 November 2003 Project: Cupertino Civic Center Re: CCD 012 -Sub-Grade Transformer ASP No: 031 Project No: 20114.30 ~~gtltfljZ D,IZ In accordance with Revised Exhibit C, Compensation, under the subheading of Additional Services, of the Second Amendment to Consultant Agreement between The City of Cupertino (the "Owner") and SMWM, A California Corporation (the "Architect"), dated 1 August 2003, the Architect is submitting this proposal for additional services, as requested by the Owner. We request your authorization of the additional services described below. We will proceed with the work upon receipt of your signed authorization. The Architect is considering this work an Additional Service 'for the following reason: The Owner has requested this work to be added to the scope of the Project. DESCRIPTION OF ADDITIONAL SERVICES: The Architect and its Consultants will provide the following additional services: Scope: The design changes consist of: • The substitution of sub grade transformers for pad mounted transformers for the Library and Community Hall, and • The relocation of the Library and Community Fiall transformers. 1. Architect: SMWM 1. Attend a preliminary meeting with PG&E to discuss the change to the transformers. 2. Coordinate the design and Construction Documents changes. 3. Process and issue a Construction Change Directive (CCD) for the changes. 4. Coordinate and administer the construction changE~s. 2. Landscape Architect: Hargreaves Associates 1. Coordinate the location of the PG&E utility vaults for the Library and Community Hall. 2. Revise both of the landscape and irrigation Constrt,ction Documents to incorporate the changes. 3. Issue revised drawings for incorporation into a Construction Change Directive (CCD). 4. Coordinate and administer the construction changE~s. architecture interiors planning graphic design Page 1 Civil Engineer: Saudis Humber Jones 1. Revise plan sheets C3.0, "Grading Plan", and C4.0 "Storm Drain" to reflect the underground transformer vault locations. ASSUMPTIONS: 1. If the scope of the work should exceed that establi~>hed here, the Architect may submit a request for additional services, reimbursable on a time and materials basis. 2. Design and details of any retaining walls are specifically excluded from this additional scope of work. SCHEDULED TIME FOR A/E PERFORMANCE: Work has already begun. CCD No. 12 will be issued as soon as written authorization is received from the Owner. FEES FOR ADDITIONAL SERVICES*: Compensation for the above additional services shall be computed as a Stipulated Lump Sum as follows: 1. Stipulated Lump Sum Fee = $6,783.00 Refer to Attachment A for detail of Fee for the Arcl~ited and Architect's Consultants. This fee is inclusive of Reimbursable Expenses. METHOD OF COMPENSATION: As per Revised Exhibit C, Compensation, under the subheading of Additional Services, of the Second Amendment to Consultant Agreement, dated 1 August 2003. Page 2 ORIGINALS: This Additional Service Proposal shall be executed in two (2) originals, each of which shall be deemed an original, but all of which together shall constitute one and tl~e same instrument. Authorized by: Owner CITY OF CUPERTINO Ralph A. Qualls, Jr., Director of Public Works Date cc: City of Cupertino (Original 2 of 2) File: 3.3.04 -ASP 031 (Original 1 of 2) Encl: Attachment A -Fee Chart Attachment B -Back-up D,3te SP~1WM, A California Cor oration Linda Sobuta, Vice-President ~'P~ ~ D:~te Page 3 A,rchited SP,~WM, A California Corporation T n. ~7 989 Market Street, 3rd Floor, San Francisco, CA 94103 ~-y -~l UI~I 1~1 ^ 415 546 0400 T 415 882 7098 F ADDITIONAL SERVICE PROPOSAL To: Terry Greene, Senior Architect Department of Public Works City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Orfginal 2 of 2 From: Doug Hoffelt, AIA, Senior Associate SMWM, A California Corporation 989 Market Street, 3`d Floor San Francisco, CA 94103. Date: 3 November 2003 Project: Cupertino Civic Center ASP No: 029 Project No: 20114.28 Re• Library/ Lobby and Interior Book Return Reconfiguration at County's Request In accordance with Revised Exhibit C, Compensation, under the subheading of Additional Services, of the Second Amendment to Consultant Agreement between ThE~ City of Cupertino (the "Owner") and SMWM, A California Corporation (the "Architect"), dated 1 August 2003, the Architect is submitting this proposal for additional services, as requested by the Owner. We request your authorization of the additional services described below. We will proceed with the work upon receipt of your signed authorization. The Architect is considering this work an Additional Service for the following reason: The Owner has requested this work in order to accommodate the library's revised book hold and circulation desk programmatic and operational requirements. DESCRIPTION OF ADDITIONAL SERVICES: The Architect and its Consultants will provide the following additional services: Scope: The changes consist of: • Adding three interior book returns, • Re-locating the book hold area, • Re-designing the circulation desk to eliminate the book returns currently located there, and • Re-locating the circulation supervisor's office to the area currently designated circulation staff storage. Architect: SMWM 1. Prepare a preliminary design set consisting of a flo~x plan, reflected ceiling plan, interior elevations, and casework elevations. 2. Meet once with the Owner and Users. 3. Revise the documents once to incorporate the Owner's comments. 4. Issue a preliminary design set for Owner and User's review and Owner's sign-off. 5. Revise fourteen (14) existing Construction Document drawings to document the change. 6. Issue the final documents as a Construction Change Directive (CCD). 7. Coordinate and administer the construction changes. architecture interiors planning graphic design Page 1I 2. Graphic Designer: SMWM 1. Reconfigure previously designed lobby signage. 2. Design additional signs for the interior book drops. 3. Mechanical/Electrical/Plumbing/IT/Security Engineer: Flack + Kurtz, Inc. 1. Revise the drawings to reflect the changes to the book drop and relocated circulation supervisor's office. 2. Coordinate and administer the construction changes. 4. Acoustical Consultant: Charles M. Salter & Associates 1. Review the changes for any significant acoustical irriplications. 5. Lighting Design: Architectural Lighting Design 1. Revise plans, specifications, and details to suit the revised architectural design of areas affected by the book drop and relocated circulation supervisor 's office. 2. Coordinate and administer the construction changes. 6. Hardware Consultant: Door Hardware Consultants 2. Review the changes for any significant implications to hardware. ASSUMPTIONS: 1. If the scope of the work should exceed that established here, the Architect may submit a request for additional services, reimbursable on a time and material: basis. SCHEDULED TIME FOR A/E PERFORMANCE: Start: As soon as written authorization is received from the Owner. Completion: Allow for three (3) weeks after receipt of v~~ritten approval by the Owner. FEES FOR ADDITIONAL SERVICES*: Compensation for the above additional services shall be computed as a Stipulated Lump Sum as follows: 1. Stipulated Lump Sum Fee = $26,169.00 Refer to Attachment A for detail of Fee for the Architect and Architect's Consultants. This fee is inclusive of Reimbursable Expenses. METHOD OF COMPENSATION: As per Revised Exhibit C, Compensation, under the subheading of Additional Services, of the Second Amendment to Consultant Agreement, dated 1 August 200:3. Page 2 ORIGINALS: This Additional Service Proposal shall be executed in two (2) originals, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Authorized by: Owner CITY OF CUPERTINO Ralph A. Qualls, Jr., Director of Public Works Date cc: Encl: City of Cupertino (Original 2 of 2) File: 3.3.04 -ASP 029 (Original 1 of 2) Attachment A -Fee Chart Attachment B -Back-up Airchitect S~AWM, A CALIFORNIA CORPORATION Anthony ern/eim, Vice President _ /! 6 / 2cb D:3te P~IWM, A CALIFORNIA C PORATION L ida Sobuta, Vic President ~U D;3te Page 3 T~ n, t!~ 989 Market Street, 3rd Floor, San Francisco, CA 94103 ~-~ 1~11~/~11~1 ^ F f ADDITIONAL SERVICE PROPOSAL ~ s To: Terry Greene, Senior Architect o Department of Public Works a City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 From: Doug Hoffelt, AIA, Senior Associate SMWM, A California Corporation 989 Market Street, 3`d Floor San Francisco, CA 94103. Date: 27 October 2003 ASP No: 030 Project: Cupertino Civic Center Project No: 20114.29 Re: Project Enhancement -CCD 006 -Demolition and Replacement of AC Paving 415 546 0400 T 415 882 7098 F ~, ~T18'11tQt Z Of Z In accordance with Revised Exhibit C, Compensation, under the subheading of Additional Services, of the Second Amendment to Consultant Agreement between ThE~ City of Cupertino (the "Owner") and SMWM, A California Corporation (the "Architect"), dated 1 August 2003, the Architect is submitting this proposal for additional services, as requested by the Owner. We request your authorization of the additional services described below. We will proceed with the work upon receipt of your signed authorization. The Architect is considering this work an Additional Service for the following reason: The Owner has requested this work to be added to the scoF~e of the Project. DESCRIPTION OF ADDITIONAL SERVICES: The Architect and its Consultants will provide the following additional services: Scope: The design changes consist of: • The demolition of the existing AC paving at the south parking area and the east edge of site adjacent to Regnant Creek, • The addition of new AC paving and curb, and • The layout of new pavement striping. 1. Architect: SMWM 1. Coordinate the drawing changes. 2. Process and issue a Construction Change Directive ;CCD) for the changes. 3. Coordinate and administer the construction changE~s. 2. Civil Engineer: Sandis Humber Jones 1. Revise plan sheets C 1.0, C2.0, and C3.0 to reflect the additional pavement demolition and replacement. ASSUMPTIONS: 1. If the scope of the work should exceed that established here, the Architect may submit a request for additional services, reimbursable on a time and materials basis. 2. CCD 006 was issued on September 30, 2003. The fees and expenses calculated in this Service Proposal are based on actual hours and costs. architecture interiors planning graphic design Page 7 SCHEDULED TIME FOR A/E PERFORMANCE: This work was completed on 30 September 2003. FEES FOR ADDITIONAL SERVICES*: Compensation for the above additional services shall be computed as a Stipulated Lump Sum as follows: 1. Stipulated Lump Sum. Fee = $3,423.00 Refer to Attachment,4 for detail of Fee for the Architect and Architect's Consultants. This fee is inclusive of Reimbursable Expenses. METHOD OF COMPENSATION: As per Revised Exhibit C, Compensation, under the subheading of Additional Services, of the Second Amendment to Consultant Agreement, dated 1 August 2003. ORIGINALS: This Additional Service Proposal shall be executed in two (2) originals, each of which shall be deemed an original, but all of which together shall constitute one and tl~e same instrument. Authorized by: Owner CITY OF CUPERTINO Ralph A. Qualls, Jr., Director of Public Works Date cc Encl City of Cupertino (Original 2 of 2) File: 3.3.04 -ASP 030 (Original 1 of 2) Attachment A -Fee Chart Attachment B -Back-up A~rchited S~/1WM, A California Corporation _ <~~~ Anthony Ber h ' ,Vice-President _ 1~` ZOd Date S~AWM, A California Corporation v inda Sobuta, Vice-President D~ Date Page 2 ~~(-b~~P AGREEMENT FOR ARCHITECTURAL CONSULTANT SERVICES BETWEEN THE CITY OF CUPERTINO AND SIMON MARTIN-VEGUE 'WINKELSTEIN MORIS, A CALIFORNIA CORPORATION FOR NEW CUPEI2TIN0 LIBRARY THIS AGREEMENT is made and entered into this day of , 2001 by and between the City of Cupertino, a municipal corporation (hereinafter referred to as CITY), and Simon Martin-Vegue Winkelstein Moris, a California Corporation, referred to as CONSULTANT). RECITALS WHEREAS, the CITY OF CUPERTITJO desires to obtain architectural consultant services for the Cupertino Library Project; and WHEREAS, Simon Martin-Vegue Winlcelstein Moris has the necessary professional expertise and skill to perform the architectural services required. NOW, THEREFORE, the purpose of this Agreement is to retain Simon Martin-Vegue Winkelstein Moris as CONSULTANT TO THI; CITY to perform those services specified in Exhibit C of this Agreement. THE PARTIES HEREBY AGREE AS FC)LLOWS: Section 1. Scope of Services. CONSULTANT shall perform those services specified in detail in Exhibit A, entitled "Scope of Services", which is attached hereto and incorporated herein. Section 2. Term of Agreement. The term of this AGREEMENT shall be; from June 11, 2001, inclusive, and continue through April 16, 2004, inclusive subject to the provisions of Exhibit A, Section 1-G of this AGREEMENT. In the event that the services called for under this AGREEMENT are not completed within the time specified above, the City Manager may extend the time for completion. This section does not preclude the recovery of damages for delay by either party. Section 3. Schedule of Performance. The services of CONSULTANT are to be completed according to the schedule set out in Exhibit B, entitled "Schedule of Performance, which is attached hereto and incorporated herein. Time is of the essence in this Agreement. 1 Section 4. Compensation. The compensation to be paid to CONSULTANT for professional services, shall not exceed Two Million Two Hundred Four Thousa~id and 00/100 Dollars ($2,204,000.00) and shall not exceed Ninety Three Thousand and 00/IOCi Dollars ($93,000) for reimbursable expenses. The rate and schedule of payment is set out in Exhibit C, entitled "Compensation", which is attached hereto and incorporated herein. Section 5. Method of Payment. Upon completion of each task service as ~;pecified in Exhibit A, the CONSULTANT shall furnish to the CITY a detailed statement of they work performed for compensation during the term of this Agreement. Consultant may submit monthly invoices for interim progress payments during the course of each task service. Section 6. Independent Contractor. It is understood and agreed that CONSULTANT, in the performance of the work and services agreed to be performed by CONSU]~TANT, shall act as and be in independent contractor and not an agent or employee o P CITY; and as an independent contractor, CONSULTANT shall obtain no rights to ~ retirement benefits or other benefits which accrue to CITY's employees, and CONSULTANT hereby expressly waives any claim it may have to any such rights. Section 7. No Third Party Rights. CONSULTANT'S services under this agreement are intended for the sole benefit of CITY and shall not create any third party rights or benefits. Section 8. Project Coordination. (a) City. The City Manager shall be representative of CITY for all purposes under this agreement. Ralph A. Qualls, Jr., Director of~ Public Works, is hereby designated as the PROJECT MANAGER for the City Manager, and shall supervise the progress and execution of this agreement. (b) CONSULTANT. CONSULTANT shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and e~:ecution of this agreement for CONSULTANT. Michael Bernard is hereby designated as the PROJECT DIRECTOR for CONSULTANT. Should circumstances or conditions subsequent to the execution of this agreement require a substitute PROJECT DIRECTOR for any reason, the PROJECT DIRECTOR designee shall be subject to the prior written acceptance and approval of the PROJECT MANAGER. 2 Section 9. Assignability/Subconsultants/Employees. The parties agree that the expertise and experience of CONSULTANT are material considerations for this Agreement. CONSULT~~NT shall not assign or transfer any interest in this Agreement or the performance of any olligations hereunder, without the prior written consent of CITY, and any attempt by CONSULTANT to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. CONSULTANT shall be responsible for employing or engaging all persons necessary to perform the services of CONSULTANT hereunder. No subconsultant of CONSULTANT will be recognized by CITY as such; rather, all slibconsultants are deemed to be contractors of CONSULTANT, and it agrees to be responsiblE; for their performance. CONSULTANT shall give its collective professional attention to the fi~lfillment of the provisions of this agreement by all of its employees and subconsultants, if any, and shall keep the work under its control. If any employee or subconsultant of CONSULTANT f~~ils or refuses to carry out the provisions of this agreement or appears to be incompetent or to act in a disorderly or improper manner, such employee or subconsultant shall be discharged immediately from the work under this agreement on demand of the PROJECT MANAGER. Section 10. Indemnification. CONSULTANT shall defend, indemnify, anal hold harmless CITY, its officers, and agents of any and all claims, loss, or liability arising out of or resulting, in any way, from the work performed under this Agreement to the extent due to the willful or negligent acts (active or passive) or omissions by CONSULTANT's officers, employees, or agents. The acceptance of said services and duties by CITY should not operate as a waiver of such right of indemnification. This provision of Section 9 shall survive the term of the AGREEMENT. Section 11. Insurance Requirements. A. Workers' Compensation The CONSULTANT shall furnish the C [TY within 15 days following the execution of this agreement, a certificate of workers' compensation insurance indicating compliance with State's workers' compensation la~.vs and employer's liability insurance with a minimum of one million dollars ($1,OC~0,000.00) for injury, death or disease to any employee. 3 B. Professional Liability, General Liability ~md Automobile Liability Coverages The CONSULTANT shall, at its own e~cpense, maintain during the performance of this contract professional liability, general li,~bility and automobile liability insurance in the coverage amount as provided below. 1. Automobile Liability Insurance shall include coverage for bodily injury and property damage for owned (if ariy), hired and non-owned vehicles and shall not be less than one million dollars ($1,000,000.00), combined single limit for any one occurrence. 2. Comprehensive or Commercial General Liability Insurance shall include coverage for bodily injury, property damage and personal injury for premises operations, product/completed operations ar-d contractual liability. The amount of the insurance shall not be less than one million dollars ($1,000,000.00) per occurrence and two million doll~irs ($2,000,000.00) aggregate, combined single limit. (Claims made policies are riot acceptable.) 3. Professional liability Insurance ;including Contractual Liability) shall include coverage for claims for professior.~al acts, errors or omissions and shall not be less than two million dollars ($2,000,000.00) and two million dollars ($2,000,000.00) in the aggregate. C. Additional Insurance Provisions 1. The CITY shall have the right to inspect or obtain a copy of the original policies of insurance. 2. CONSULTANT shall furnish to the CITY within 15 days following the execution of this Agreement, the required cf;rtificates and endorsements. The certificate of insurance shall state the policy ~Nill not be cancelled without thirty (30) days written notice to the CITY. 3. All policies, endorsements, certificsates, and/or binders shall be subject to approval by the City Manager of the City of Cupertino as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. ection 12. Nondiscrimination. CONSULTANT shall not discriminate, in any way, against any person on the basis of race, sex, color, age, religion, sexual orientati~~n, disability, ethnicity, or national origin in connection with or related to the performance of this Agreement. 4 Section 13. Termination. A. City shall have the right to terminate this Agreement without cause, by giving not less than seven (7) days written notice of termination. B. If CONSULTANT fails to perform any crf its material obligations under this Agreement, in addition to all other remedies provided by law, CITY may terminate this Agreement upon seven (7) days written notice if consultant fails to take steps to correct such failure within the notice period. C. CITY's City Manager is empowered to terminate this Agreement on behalf of CITY. D. In the event of termination, CONSULTANT shall deliver to CITY, copies of all reports, documents, and other work performed ley CONSULTANT under this Agreement, and upon receipt thereof, CITY shall pay CONSULTANT for services performed and reimbursable expenses incurred to the date of termination. Section 14. Governing Law. CITY and CONSULTANT agree that the; law governing this Agreement shall be that of the State of California. Section 15. Compliance With Laws. Consistent with its professional standard of care, CONSULTANT shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. Section 16. Confidential Information. All data, documents, discussions, or other information developed or received by or for CONSULTANT in performance of this Agreement are confidential and not to be disclosed to any person except as authorized by the CITY, or ;~s required by law. Section 17. Ownership of Materials. All reports, documents, or other material developed or discovered by CONSULTANT or any other person engaged directly or indirectl~~ by CONSULTANT to perform the services required hereunder shall be and remain the I~roperty of CITY to be used solely for this PROJECT. Hard copies of consultants work product shall constitute the project deliverables. Electronic documents, if any, shall be provided as a courtesy only without any warranty or guarantee. Section 18. Waiver. CONSULTANT agrees that waiver by CITY of any breach or violation of any term or condition of this Agreement shall not be deemed to be a waiver of any other term or condition contained herein or a waiver of any subsequent breach or violation of the same or any other term 5 or condition. The acceptance by CITY of 1:he performance of any work or services by CONSULTANT shall not be deemed to be a waiver of any term or condition of this Agreement. Section 19. Consultant's Books and Records. A. CONSULTANT shall maintain any aJid all ledgers, books of accounts, invoices, vouchers, canceled checks, and other rf;cords or documents evidencing or relating to charges for services, or expenditures and disbursements charged to CITY for a minimum period of three (3) years, or for any long~;r period required by law, from the date of final payment to CONSULTANT pursuant to this Agreement. B. CONSULTANT shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from t:he date of termination or completion of this Agreement. C. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Attorney, Cite Manager, or a designated representative of any of these officers. Copies of such documents shall be provided to CITY for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be avail~ible at CONSULTANT's address indicted for receipt of notice in this Agreement. D. Where CITY has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment, or termination of CONSULTANT's business, CITY may, by written request by any of the above-named officers, require that custody of the records be given to CITY and that the records and documents be maintained in City Hall. Access to such records and docum~:nts shall be granted to any party authorized by CONSULTANT, CONSULTANT's representatives, or CONSULTANT's successor-in- interest. Section 20. Interest of Consultant. CONSULTANT covenants that it preserrtly has no interest, and shall not acquire any interest, direct or indirect, financial or otYierwise, which would conflict in any manner or degree with the performance of the :services hereunder. CONSULTANT further covenants that, in the performance of this; agreement, no subconsultant or person having such an interest shall be employed. CONSULTANT certifies that no one who has or will have any financial interest under this agreement is an officer or employee of CITY. It is 6 expressly agreed that, in the performance of the services hereunder, CONSULTANT shall at all times be deemed an indef~endent CONSULTANT and not an agent or employee of CITY. Section 21. Gifts. A. CONSULTANT is familiar with CITY's prohibition against the acceptance of any gift by a CITY officer or designated employee, which prohibition is found in the City of Cupertino Administrative Procedures. B. CONSULTANT agrees not to offer any CITY officer or designated employee any gift prohibited by the Administrative Procedures. C. The offer or giving of any .gift prohibited by Municipal Code shall constitute a material breach of this Agreement by CONSULTANT. In addition to any other remedies, CITY may have in law or equity, CITY may terminate this Agreement for such breach as provided in Section 13 of this Agreement,. Section 22. Notices. All notices and other communications required or permitted to be given under this Agreement shall be in writing and shall be personally served or mailed, postage prepaid and return receipt requested, addressed to the respective parties as follows: To CITY: Ralph A. Qualls, Jr. Director of Public Works City of Cupertino 10300 Torrc; Avenue Cupertino, CA 95014 To CONSULTANT: Michael Bernard Project Direactor SMWM 989 Market Street, 3`d Floor San Francisco, CA 94103 Notice shall be deemed effective on the data personally delivered or, if mailed, three (3) days after deposit in the mail. Section 23. Venue. In the event that suit shall be brought by either party hereunder, the parties agree that venue shall be exclusively vested in the state courts of the County of Santa Clara, or where otherwise appropriate, exclusively in the United States District Court for the Northern District of California, San Jose, California. 7 Section 24. Agreement Binding/Prior Agreements and Amendments. The terms, covenants, and conditions of this agreement shall apply to, and shall bind, the heirs, successors, executors, administrators, assigns, and subconsultants of both parties. This AGREEMENT, including all Exhibits attached hereto, represents the entire understanding of the parties as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with. respect to those matters covered hereunder. THIS AGREEMENT may only be modified by a written amendment duly executed by the parties to this Agreement. Section 25. Costs and Attorneys Fees. The prevailing party in any action brought to enforce the terms of this agreement or arising out of this agreement may recover its reasonable costs and attorneys' fees expended in connection with such an action from the other pa::-ty. Section 26. Electronic Transmission of Information. From time to time, the CONSULTANT m;~y transmit design or other information to the CITY, City's Representative, or Contractor via electronic transmission. The CITY, City's Representative, or CONTRACTOR shall not b~~ entitled to and hereby agrees not to alter or modify any such information without the express written consent of the CONSULTANT. Similarly, the CITY, City's Representative, and ~~ontractor shall not use any information for any purpose not expressly covered by this Agreement. The CONSULTANT shall not be responsible for any destruction or corruption of such information during or after transmission to CITY, City's Representative, and Contractor and shall be entitled to appropriate additional compensation in the event retransmission or recreation is required. Notwithstanding the foregoing, the Contractor may use electronically transmitted information to prepare submittals, as-built drawings and record drawings. The Architect shall not be responsible for any changes made by the CONTRACTOR or for the CONTRACTOR'S work product. Section 27. Job Site Safety. In no event shall CONSULTANT be responsible for job site safety issues. Such issues shall be the responsibility of the Construction Contractors who shall defend, indemnify, and hold harmless CONSULTANT and CITY for such issues. 8 Section 28. Dispute Resolution. Any dispute related to the services hereunder shall be resolved by the parties pursuant to applicable law. IN WITNESS WHEREOF, the parties have executed this Contract, in duplicate, the day and year first hereinabove written. CI Y O CUP R IN By: City Manager CONSULTANT: -~, Simon Martin-Vegue Winkelstein Moris, l ~ . D ~ a California Corporation By: ~ ~ Diane Filippi, Chief financial Officer Attest: 1'YL,c~ Date: ~ SAE , 2001 City Cle p Date: /~ wn.e ! "oZ- , 2001 F.XHTIRTT A SCOPE OF SERVICES CONSULTANT shall perform services related to the pre-design, site planning and schematic design, design development, construction documents, bidding and award, construction administration and project close-out for the new 1~upertino Public Library PROJECT located on the east side of Torre Avenue between Rodrigues Drive and Pacifica Drive in the City of Cupertino, California, "PROJECT". SECTION 1 GENERAL: The new Cupertino Public Library is a PROJECT of the City of Cupertino. The CITY' S Department of Public Works shall manage the design of this PROJECT and this AGREEMENT. CONSULTANT shall receive final direction from the CITY'S Director of Public Works or his authorized designee only. Conflicting direction from other groups, departments or agencies shall be resolved by the CITY' S Director of Public Works. The PROJECT is anticipated to consist of an approximately 60,000 square foot building, designed to function as the new Cupertino Public Library, and to accommodate appropriate parking for its employees and the visiting public. The PROJECT is anticipated to consist of a building, including fixtures, finishes, and public a.rt with an estimated construction cost of approximately $18,000,000. A. The performance of all services by CONSULTANT shall be to the satisfaction of the CITY, in accordance with the e~:press terms hereof, including but not limited to the terms set out in detail in this scope of services and the standard of care provisions contained herein. B. All of the services to be performed by the CONSULTANT under this AGREEMENT from the inception of the AGREEMENT until termination of the AGREEMENT shall meet the professional standard and quality which prevails among licensed architects of similar knowledge and skill engaged in related work throughout California under the same ~~r similar circumstances. As is consistent with these standards, the documentation prepared by CONSULTANT shall provide for a completed PROJECT that conforms to all applicable codes, rules, regulations and A-1 guidelines or applicable official interx~retation thereof, which are in force at the time such documentation is prepared. C. CONSULTANT shall coordinate this scope of all services with the CITY and CITY'S separate consultants and contractors as needed or as directed by CITY. D. CONSULTANT shall document all PL~OJECT meetings during the design phases under the scope of work. Copies of such documentation shall be provided to the CITY, and as directed by the CIT`E', to other appropriate agencies and entities. All responses to comments shall be coordinated through the CITY. E. The CITY shall direct the CONSULTANT with respect to programming and functionality of the new Cupertino Public Library space, including the update of the recommended Building Program Report, dated July 31, 1998, and the exterior design and massing of the building. The CITY shall approve design milestones and cost estimates including conceptual Design and Schematic Design. For the purpose of this AGREEMENT, direct written authorization or approval from CITY shall mean and require the signatures of the CITY' S Director of Public Works or his authorized designee. F. CONSULTANT shall designate a team of individuals to staff the PROJECT, including Linda Sobuta, AIA, who sh:~ll be Principal designer for the duration of the PROJECT. CONSULTANT shall not substitute key team members without the prior approval of the CITY, which approva:~ shall not be unreasonably withheld. G. The CONSULTANT'S services shall be performed as expeditiously as is consistent with professional skill and care and th.e orderly process of the work. The schedule for the performance of the CONSULTA~fvT' S services included in EXHIBIT B may be adjusted as the PROJECT proceeds b~~ mutual agreement. CONSULTANT shall manage the CONSULTANT' S services, manage its SUBCONSULTANTS and administer the Project. CONSULTANT shall consult with the CITY, research applicable design criteria, communicate with members of the Project Team, and issue progress reports as necessary and directed by the CITY. H. When Project requirements have been sufficiently identified, CONSULTANT shall prepare, and periodically update., a Project schedule for the CITY'S review. The Project schedule shall identify milestone dates for decisions required of the CITY, design services furnished by the CONSULTANT and the CONSULTANT'S A•~2 SUBCONSULTANTS, dates of reviews and approvals required by all governmental agencies that have jurisdiction over the Project, deliverables to be furnished by the CONSULTANT, completion of documentation provided by the CONSULTANT, commencement of construction and Substantial Completion of the Work. I. CONSULTANT shall submit design documents to the CITY for purposes of evaluation and approval by the CITY at the end of the Conceptual Design, Schematic Design Development and Constructio~l Document phases. CONSULTANT shall make revisions as required by the CITY for each task in a timely manner. J. CONSULTANT shall assist the CITY in connection with the CITY' S responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the; Project. K. CONSULTANT shall consider the value of alternative materials, building systems and equipment, together with other considerations based on program, budget and aesthetics in developing the desig~l for the Project. L. Upon request of the CITY, CONSUL'7['ANT shall make a presentation to explain the design of the Project to representative: of the CITY. M. CONSULTANT shall identify any site;-related discrepancies from the survey report and other site reports that might affect the Project. N. CONSULTANT shall prepare for the team Organizational meeting to introduce team members, to establish Project communication, and to discuss the participants' roles, responsibilities, and authority. O. CONSULTANT shall meet with the I~ITY Community Development Department to confirm zoning and CEQA review and. approval requirements. P. CONSULTANT shall be compensatec'. for additional services as requested by the CITY between phases of the Project in accordance with the rates set forth in Exhibit D. Q. CONSULTANT has not included the :services of anAudio-Visual or an Interior (movable furniture design) Subconsultant. SECTION 2: SCOPE OF WORK 1. TASK #1: CONCEPTUAL DESIGN PHASE l .l CONSULTANT shall review the site geotechnical report and topographical survey prepared by CITY'S Consultant. A-:3 1.2 CONSULTANT to prepare Team Meeting #1 Organizational meeting to introduce team members, establish PROJECT communication, discuss participants' roles, responsibilities;, and authority with the CITY. 1.3 CONSULTANT to review and idc;ntify any site related discrepancies from the survey report and other site reports that might affect the PROJECT. 1.4 CONSULTANT to review local building codes, and the recommended Building Program Report dated July 31, 19'8. 1.5 CONSULTANT to meet with CITY Community Development department to confirm zoning and CEQA reviev~~ and approval requirements. 1.6 CONSULTANT to tour existing facility, and other libraries that the CITY requests to become familiar with the County of Santa Clara Public Library System. 1.7 CONSULTANT to begin site analysis, generate and test options such as location, massing, etc., as design alternatives. 1.8 CONSULTANT to review program and confirm budgets and schedule requirements. The CITY's constr~.~ction contractor shall confirm the construction schedule. 1.9 CONSULTANT to prepare Team Meeting #2 to Review and confirm site analysis studies and test options of the design alternatives with the CITY. 1.10 CONSULTANT to prepare three conceptual site plan alternatives. 1.11 CONSULTANT to prepare pre-schematic site plan diagrams, and three- dimensional study massing model ~, for all alternatives. 1.12 CONSULTANT to test (i.e. locati~~n, massing, etc.) and refine site plan alternatives. 1.13 CONSULTANT to prepare Team Meeting #3 and present alternatives study massing models, and site plan diagrams for review, with the CITY to select a preferred alternative for refinement. 1.14 CONSULTANT to revise and finalize CITY' S selected alternative. 1.15 CONSULTANT to submit for review to Community Development Department after desired alternative is chosen. 1.16 CONSULTANT to finalize altern~rtive design. A-4 1.17 CONSULTANT to prepare Team Meeting #4, Library Steering Committee Meeting #1, and Present final site plan design for review and approval to the CITY. 2. TASK #2: SCHEMATIC DESIGN 2.1 CONSULTANT to coordinate anti manage sub-consultants throughout Schematic Design phase. 2.2 CONSULTANT to prepare Team Meeting #5, and Library Steering Committee Meeting #2, to present the conceptual building alternatives. 2.3 CONSULTANT to refine Schematic Plan based on meeting review comments. 2.4 CONSULTANT to do preliminar}~ code compliance review per CITY Department of Community Development requirements. 2.5 CONSULTANT to prepare Schematic Design package and statement of probable construction cost. 2.6 CONSULTANT shall provide all services necessary for the preparation of Schematic Design documentation for review and approval by the CITY. Said Schematic documentation shall be based on the CITY approved conceptual design and shall be sufficient scope and detail to fix and describe the size and character of the PROJECT. 2.7 Schematic Design documentation services to be provided by CONSULTANT shall include, but not be limited to, the following: a. Architectural design/documen~:ation services, including development of all Schematic Design documents ~iecessary to establish the final scope, relationships, forms, size, appe-arance and cost of the PROJECT. b. The Schematic Design Documents shall include: the site plan with on-site and off-site work information; preliminary building plans depicting the area and configuration requirements for all interior and exterior spaces and demonstrating the solution for access and adjacency requirements; sections including the context; elevatio~ls including the context; and, colored plan diagrams showing programmed uses and circulation. The Schematic Design Documents shall include study models, perspective sketches, electronic modeling or combinations of these media. A-5 c. The Schematic Design Documents shall describe preliminary alternatives for materials, finishes, systems and products including an evaluation of their life cycle cost, durability. d. The Schematic Design Documents shall describe preliminary selections of major building systems and construction materials. e. The Schematic Design Docume;nts shall indicate site improvements including landscaping, outdoor spaces and location and layout of on-site parking for employees, city vehicles and visitors. A description of materials and equipment. £ The Schematic Design Documents shall include schematic engineering design recommendation consis~:ing of preliminary written statements of design criteria for civil, str~~~ mechanical, plumbin~l~trical, fire protection, acoustical, lighting,-~re'e~~nd data/teleco~ystem~: For each discipline, these statements shall include, lout not be limited to: Design criteria required by the Architectural Program, building design and/or code requirements, :identification of preliminary design loads and performance criteria. 2. Documents shall identify preliminary space requirements for structural and building enclosure sys~:ems, preliminary space requirements for all mechanical systems and ot';~er equipment, and points of connection for utilities. 3. Coordination of major Mechanical, Electrical, Plumbing and Information technology Systems and bL~ilding structure shall be resolved. g. Specification services, including development of preliminary outline specifications and preparation of necessary design documents consistent with CITY standard specifications and details. h. The CONSULTANT shall be ~~llowed to identify bid alternates, as they deem necessary to enhance the possibility that actual costs shall agree with the statement of probable construction cost. i. CONSULTANT shall submit c-ne (1) set of Reproducible, and six (6) copies of the 50% and 100% p]Zase of Schematic Design Documents for the CITY. A-5 j. CONSULTANT shall respond to the comments of CITY. k. CONSULTANT shall revise Schematic Design Documents as required CITY. 2.8 CONSULTANT shall attend one ~~alue engineering session lasting up to eight (8) hours with cost estimator, the CITY'S Construction Management Consultant, and major disciplines. 2.9 CONSULTANT shall prepare Te<<m Meeting #6 to present 50% Schematic Design package for review. 2.10 CONSULTANT to finalize Schematic Design package incorporating Value Engineering Guidelines. 2.11 CONSULTANT shall attend Team Meeting #7 to review and approve 100% Schematic Design Package. 2.12 CONSULTANT to prepare renderings and appropriate study models sufficient to communicate design intent to a broad audience. 2.13 CONSULTANT to prepare and present the Schematic Design package to the Library Steering Committee Meeting #2, to the City Council Meeting #1, and to a community meeting as directed b}~ the City Council. 2.14 CONSULTANT to prepare and submit Site Development Permit Application to the Community Development Department for review by planning staff. 3. TASK #3: DESIGN DEVELOPMENT 3.1 CONSULTANT shall coordinate ,end manage its subconsultants throughout design development phase and co~~rdinate with CITY' S telecommunications staff. 3.2 CONSULTANT shall attend one meeting with the Cupertino Arts Commission and/or Public Art Artist for coordination of arts program. 3.3 CONSULTANT shall prepare design development documents as specified in section 3.11 "Deliverables" based on refinement and further development of the approved schematic design, including preliminary furniture layouts, built-in fixtures, and equipment selections. 3.4 CONSULTANT shall attend Tearn Meeting #8, and Library Steering Committee Meeting #3, and present 50% design development package for review and approval by the CITY. A -7 3.5 CONSULTANT shall refine design development plans based on comments received from CITY. 3.6 CONSULTANT shall coordinate meetings with Fire Department to review plans. 3.7 CONSULTANT shall finalize design development package as noted in Section 3.9. 3.8 CONSULTANT shall attend Team Meeting #9, Library Steering Committee Meeting #4, and with City Council Meeting #2 to present 100% design development package for review and approval by the CITY. 3.9 Deliverables: a. Design Development package that illustrates and describes the refinement of the design of the Project, establishing the scope, relationship, forms, size and appearance of the Project by means of plans, building and wall sections, exterior elevations, typical construction details, equipment layouts. b. Site plans and floor plans for ~~ll major disciplines. c. Preliminary furniture layout plan. d. Preliminary finish, materials and equipment schedules. e. CONSULTANT shall submit ~~ne set of Reproducible and six copies of Design Development package (excluding models) at the 50% and 100% completion of Design Development for review by the CITY. £ Outline specifications: Specification shall identify the major materials and systems and shall establish their general quality levels. g. Details and specification shall be consistent with the Construction Specifications Institute (CSI) format. h. Engineering documents shall include single line diagrams describing structural, mechanical, plumbing, and electrical systems. i. Principal interior and exterior elevations showing preliminary locations of all electrical and mechanical controls as well as life-safety devices for coordination with furniture la3~out. j. Cost estimate: CONSULTAI~~T shall submit estimate of Probable Construction cost in coordination with the CITY'S Construction Management consultant for review by CITE'. A~-8 4. TASK #4: CONSTRUCTION DOCUMI=?NTS: 4.1 CONSULTANT shall coordinate ~md manage subconsultants throughout construction documents phase. 4.2 CONSULTANT shall refine and further develop approved Design Development package based from CITY' S comments on 100% Design Development package review. 4.3 CONSULTANT shall attend one meeting with the Fine Arts Commission and/or Public Art artist for coordination of arts program in the construction documents. 4.4 CONSULTANT shall attend Team Meeting #10: 30% construction documents presentation. 4.5 CONSULTANT shall prepare 60°io construction documents package, with CITY'S comments from the 30%~~ackage incorporated. 4.6 CONSULTANT shall attend Team Meeting #11: Review documents and finalize materials and finishes with CITY. 4.7 CONSULTANT shall prepare 95°io construction documents package, with CITY'S comments from the 60% package incorporated, and cost estimate. 4.8 CONSULTANT to coordinate with CITY'S telecommunications staff. 4.9 CONSULTANT shall attend Team Meeting #12: Present 95% construction documents package to CITY for review and approval. 4.10 CONSULTANT to complete construction documents package for Community Development Department and Santa Clara County Fire Department plan check review and to the Department of Public Works for Bidding. 4.11 CONSULTANT shall attend Team Meeting #13: Present 100% construction documents package, with CITY'S comments from the 95% package incorporated. 4.12 CONSULTANT shall prepare the 100% Construction documents package with final quality control review from CITY and Santa Clara County Fire Department back check corrections. 4.13 CONSULTANT shall make a formal presentation of the design along with the engineer's estimate to the Library Steering Committee Meeting #5 or City Council Meeting #3. A-9 4.14 Deliverables: a. The CONSULTANT shall provide Construction Documents package based on the approved Design Development Documents, CITY reviews, and updated budget for the Cost of the Work. The Construction Documents packages shall set forth in detail the requirements for construction of the project. The Construction Documents package shall include Drawings and Spe~~ifications that establish in detail the quality levels of materials and systems required for the Project. b. Construction Documents package shall include drawings and specifications from all disciplines, executed to a level of detail appropriate for open public bidding, including plans overlaying data cabling with furniture layout as necessary, elevations reflecting relationships between ranges/furnishings and items affecting their placement, utilities, driveways, roadways, at-grade parking, curbs and gutters, landscape, irrigation and hardscape design. c. During the development oi~the Construction Document package, the CONSULTANT shall pref~are the Project Manual that includes the Conditions of the Contract for Construction, Specifications, and bidding requirements and sample firms furnished by the CITY. d. CONSULTANT shall submit one (1) set of Reproducible documents at 30%, 60%, 95% and 100% completion of Construction Documents for review and approval by the: CITY and for bidding. e. CONSULTANT shall incl~.~de detailed technical specifications from all disciplines. £ CONSULTANT shall provide final estimate of probable construction costs. g. CONSULTANT shall provide, if necessary and as directed by the CITY, bid alternates to ensure project stays within 5% + of construction estimate amount. A-l0 5. TASK #5: BIDDING AND AWARD: 5.1 CONSULTANT shall assist CITY" during bid solicitation process. CONSULTANT shall prepare one reproducible bid package for CITY, and will make available to the CITY an electronic version of the Construction Documents. 5.2 CONSULTANT shall provide bid phase services, as requested by the CITY, through award of the Contract for Construction for the following: a. Responses to bidders' ingL~iries. b. Preparation of addenda. c. Attendance at one (1) pre-laid meeting. d. Evaluation of bids. 5.3 Deliverables: a. One (1) reproducible ll)0% Construction Documents package with CITY'S reviews and plar- check, including Fire Department, ready for Bid, Award, and Construction. 6. TASK #6: CONSTRUCTION ADMINI~~TRATION: 6.1 CONSULTANT shall coordinate with CITY'S construction management consultant, who will be responsible for the management of the construction project. The CONSULTANT shall provide administrative services as required by the contract between the CITY an~3 the Contractor as set forth below and pursuant to the General Conditions of the Contract to be awarded by CITY for construction of the project. 6.2 CONSULTANT'S responsibility to provide the Contract Administration Services under this Agreement commences with the award of the initial Contract for Construction as advanced by the notice to Proceed to the construction contractor and terminates at the issuance to the CITY of the final Certificate for Payment. However, the CONSULTANT shell be entitled to a Change in Services in accordance with Exhibit C, Note 2 of this Exhibit when Contract Administration Services extend 60 days after the date of Substantial Completion of the Work. In all work noted in this section, the ~~ONSULTANT shall coordinate and consult when necessary, with the CITY'S Construction Management consultant. 6.3 CONSULTANT shall be a representative of and shall advise and consult with the CITY during the provision of the Contract Administration Services. The A-:'.1 CONSULTANT shall have authority to act on behalf of the CITY only to the extent provided in this Agreement ~~r any properly executed amendment to this Agreement. CONSULTANT services are for the sole benefit of CITY. 6.4 Duties, responsibilities and limitations of authority of the CONSULTANT under this Section 6 shall not be restricted, modified or extended without written agreement of the CITY and CONSULTANT. 6.5 CONSULTANT shall review properly prepared, timely requests by the Contractor for additional information about th~~ Contract Documents. A properly prepared request for additional information <<bout the Contract Documents shall be in a form prepared or approved by the CON~;ULTANT and shall include a detailed written statement that indicates the specific; Drawings or Specifications in need of clarification and the nature of the clarification requested. 6.6 If deemed appropriate by the CONSULTANT and upon CITY'S approval, the CONSULTANT shall on the CITY' S behalf, prepare, reproduce and distribute supplemental specific Drawings or Specifications in response to requests for information by the Contractor. 6.7 CONSULTANT shall interpret matters concerning performance of the Contractor under, and requirements of, the Contract Documents on written request of either the CITY or Contractor. The CONSULTANT' S response to such requests shall be made to CITY in writing within thc; time limits agreed upon or otherwise with reasonable promptness. Upon CITY'S approval, CONSULTANT shall deliver the response to the Contractor. 6.8 Interpretations and decisions of the CONSULTANT shall be consistent with the intent of and reasonably inferable from the Contract Documents. However, the CITY shall make the final determi~iation regarding all such matters. 6.9 CONSULTANT shall visit the site at intervals appropriate to the stage of the Contractor's operations and coordinate visits with the CITY'S Construction Management consultant, or as otherwise agreed by the CITY, and the CONSULTANT in Section 6.16, paragraph A, subsection 2 of this Exhibit in order: A. To become generally familiar with and to keep the CITY informed about the progress and quality of the portion of the Work completed. A-12 B. To notify the CITY of observed defects and deficiencies in the Work, and C. To determine in general if the ~/isually observable Work is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. 6.11 The CONSULTANT shall report to the CITY known deviations from the Contract Documents and from the most rece~it construction schedule submitted by the Contractor. 6.12 The CONSULTANT shall at all times have access to the Work wherever it is in preparation or progress. 6.13 The CONSULTANT shall advise the CITY if the CONSULTANT identifies work that does not conform to the Contract Documents. 6.14 SUBMITTALS: A. The CONSULTANT shall review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data Mock Ups and Samples, for the purpose of~ checking for conformance with information given and the design concept expressed in the Contract Documents. The CONSULTANT' S action shall be taken with such reasonable promptness as to cause no delay to the Work or i~~ the activities of the CITY, Contractor or separate contractors, while allowing sufficient time in the CONSULTANT'S professional judgment to permit adequate re~/iew. CONSULTANT'S review and action on such submittals shall not relievE; or diminish the Contractor's primary responsibility. B. The CONSULTANT shall mair.~tain a record of submittals and copies of submittals supplied by the Contractor in accordance with the requirements of the Contract Documents. C. If in the event that professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of the Contractor by the Contract Documents, the CONSULTANT shall specify appropriate performance and design criteria that such services must satisfy. Shop Drawings acid other submittals related to the Work designed or certified by the design professional retained by the Contractor shall bear such professional's written. approval when submitted to the A- :~ 3 CONSULTANT. The CONSi.:~LTANT shall be entitled to rely upon the adequacy, accuracy and compl~;teness of the services, certifications or approvals performed by such design professionals. 6.15 CHANGE ORDERS: A. The CONSULTANT shall assi;~t the CITY'S construction management consultant in the preparation of~ Change Orders and Construction Change Directives for the CITY' S approval and execution in accordance with the Contract Documents. If necessary, the CONSULTANT shall prepare, submit to CITY for approval, reproduce and distribute Drawings and Specifications to describe Work to be added, deleted or modified, as provided in this Section 6.15, Paragraph B. B. The CONSULTANT shall review properly prepared, timely requests by the CITY or Contractor for changes in the Work, including adjustments to the Contract Sum or Contract Time;. A properly prepared request for a change in the Work shall be accompanied by sufficient supporting data and information to permit the CONSULTANT to make a reasonable recommendation to CITY without extensive investigation or preparation of additional drawings or specifications. If the CONSULTANT determines that requested changes in the Work are not materially different from the requirements of the Contract Documents, the CONSULTANT may recommend to the CITY that the requested change be denied. C. If the CONSULTANT determi~ies that implementation of the requested changes would result in a mate~~ial change to the Contract that may cause an adjustment in the Contract Time or Contract Sum, the CONSULTANT shall make a recommendation to the CITY, who may authorize further investigation of such change. Upon such authorization, and based upon information furnished by the Contractor, if ;any, the CONSULTANT shall estimate any additional costs attributable to ~r Change in Services of the CONSULTANT. With the CITY' S approval, the CONSULTANT shall incorporate those changes into a Change Order o~° other appropriate documentation for the CITY' S execution or negotiation with the Contractor. A-14 D. The CONSULTANT shall maintain all records relative to changes in the Work. Upon completion, CONSULTANT shall provide copies of the updated electronic documents to the Contractor, who will use their record documents to incorporate all modifications into the as-built documents per Task #7 of this Agreement. 6.16 SCHEDULE OF SERVICES: A. Design and Contract Administration Services beyond the following limits shall be provided by the CONSULTANT as Additional Services: 1. Up to three (3) reviews of each Shop Drawing, Product Data item, sample and similar submittal of the: Contractor. 2. Up to 77 visits to the site (<<ssuming one per week) by the CONSULTANT over the duration of the Project during construction. CONSULTANT will visit the site to observe portions of the Work to determine whether such portions of the Work are sL~bstantially complete in accordance with the requirements of the Contra~~t Documents. CONSULTANT shall visit the site an additional two (2) times to prepare the punch list, and to determine substantial completion. 3. Up to one (1) additional site visit for observation for any portion of the Work to determine final completion, and the provision of punch list items once Contractor, with appr~~val of the CITY, has determined the Project is completed per Section 7.1 i. B. The following Design and Contract Administration Services, requested by CITY, shall be provided by the CONSULTANT as an Additional Service: 1. Review of a Contractor's submittal out of sequence from the submittal schedule agreed to by the CONSULTANT; 2. Responses to the Contractor's requests for information where such information is available to the Contractor from CITY-provided information; 3. Providing consultation concerning replacement of Work resulting from fire or other cause during construction; 4. Evaluation of an extensive number of modifications submitted by the CITY; A-l. S 5. Evaluation of substitutions proposed by the CITY and making subsequent revisions; 6. Preparation of design and documentation for alternate bid or proposal requests as directed by the CITY; or 7. Contract Administration SE;rvices provided 60 days after the date of Substantial Completion of the Work. 6.17 PROJECT COMPLETION: A. The CONSULTANT shall conduct observations to determine the date or dates of Substantial Completion and the date of final completion, shall receive from the Contractor and forward to the CITY for the CITY' S review and records, written warranties, operations ,and maintenance manuals, as-built documents, and related documents required by the Contract Documents and assembled by the Contractor, and shall issue a Final Certificate for Payment based upon a final observation indicating thf; Work complies with the requirements of the Contract Documents. B. The CONSULTANT'S observation for Final Completion shall be conducted with the CITY' S Designated Representative to check conformance of the Work with the requirements oil the Contract Documents package and to verify the accuracy and completeness; of the list submitted by the Contractor of Work to be completed or corrected. C. When the Work is found to be substantially complete, the CONSULTANT shall inform the CITY about the balance of the Contract Sum remaining to be paid the Contractor, including any amounts needed to pay for final completion or correction of the Work. D. The CONSULTANT shall receive from the Contractor and forward to the CITY: (1) consent of surety or sureties, if any, to reduction in or partial release of retainage or the making of final payment; and (2) affidavits, receipts, releases and waivers ~~f liens or bonds indemnifying the CITY against liens. 6.18 FACILITY OPERATION SERVICES: A. The CONSULTANT shall request that the Contractor and their designated subcontractors shall meet with the CITY or the CITY' S Designated A-16 Representative promptly after Substantial Completion to review the facility operation services, such as HV AC, electrical and any other building systems. The CONSULTANT and their subconsultant shall attend the meeting. 7. TASK #7: RECORD DOCUMENTS AND PROJECT CLOSE-OUT: 7.1 CONSULTANT shall review contractor-supplied operation and maintenance manuals. 7.2 CONSULTANT shall review contractor warranties. 7.3 CONSULTANT shall review final pay request from Contractor. 7.4 CONSULTANT shall prepare spe~~ifications to require that the Contractor prepare record documents throughout the Project construction, and prepare as-built drawings and specifications based on record field construction documents package. SECTION 3: BUDGET STATEMENT OF PROBABLE CONSTRUCTION COST: A. CONSULTANT shall responsible for designing the Project so that the estimated probable construction cost is less than or equal to the Construction Budget established by CITY for the Project. The "Construction :Budget" shall be defined as the amount established by the CITY available for con~~truction of the Project, including contingencies for changes during the design, bidding anti award, and construction phase, but excluding compensation to the CONSULTANT or its SUBCONSULTANTS. As the design process progresses, CONSULTANT shall update and refine the estimated probably construction cost as required in Section 2-"Basic Services" of this Exhibit. CONSULTANT shall advise the CITY of any .adjustments to the previous estimated probable construction cost indicated by changes in Project requirements or general market conditions. CONSULTANT shall not be responsible for unforeseen market or bidding conditions. B. Should the statement of probable construction costs exceed the Construction Budget, CONSULTANT shall submit, without additional cost to CITY, alternate approaches to and estimated costs for the design and construction of the Project, including scope and quality, that will reduce the construction costs to within the Construction Budget. CONSULTANT shall make changes as af~proved by the CITY. Notwithstanding the foregoing, to the extent the estimate of probable construction costs exceed the Construction Budget due to any program, design or budget changes, authorized by CITY A- l 7 which are beyond CONSULTANT'S control, or any unforeseen market or bidding conditions. C. In preparing the statement of probable construction costs, the CONSULTANT, in consultation with CITY, shall be permitte~3 to include contingencies for design, bidding, and price escalations; to determine what materials, equipment, component systems and types of construction are to be included; and to make reasonable adjustments in the scope of the Project, including alternate bids, to adjust the estimated construction cost to meet the Construction Budget. D. If bidding has not commenced within 90 clays after the CONSULTANT submits the Construction Documents to the CITY, the estimate of Probable Construction Cost shall be adjusted to reflect changes in the general level of prices in the construction industry. E. If the estimated Probable Construction Cost is exceeded by the lowest bona fide bid or negotiated proposal, the CITY shall: 1. Give written approval of an increase in the "Construction Budget" for the cost of construction. 2. Authorize rebidding of the Project within a reasonable time. 3. Terminate the project; or 4. Cooperate in revising the Project ;cope and quality as required to reduce the cost of construction and authorize rebi~Iding of the Project. F. If the CITY chooses to proceed under paragraph E.4 above, and the excess bid is not due to unforeseen market or bidding conditions, the CONSULTANT, without additional compensation, shall modify the documents for which the CONSULTANT is responsible under this Agreement as necessary to comply with the CITY'S construction budget. The modification of such documents shall be the limit of the CONSULTANT'S responsibility under this Section 3. A-18 EXHIBIT B SCHEDULE OF IE'ERFORMANCE CONSULTANT shall complete all work under tY~e scope of work by July 31, 2004. The following sets forth the completion dates for the :asks listed below: A. Basic Services: Task #1: Conceptual Design work by September 4, 2001. Task #2: Schematic Design ~~vork by October 30, 2001. Task #3: Design Development work by February 4, 2002. Task #4: Construction Documents work by June 24, 2002. Task #5: Bidding and award work by August 19, 2002. Task #6 and #7: Construction Administration and Project close-out work by April 16, 2004. B-1 EXHIBIT C COMPENSATION CITY agrees to compensate CONSULTANT for professional services performed in accordance with the terms and conditions of this Agreement. The maximum amount of compensation to be paid to CONSULTANT under this Agreement, including both payment for professional services of Two Million Two Hundred Four Thousand and 00/100 Dollars ($2,204,000.00) and reimbursable expenses allowance of Ninety Three Thousand and 00/100 Dollars ($93,000), shall not exceed Two Million Two Hundred Ninety-Seven Thousand and 00/100 Dollars ($2,297,000.00). Any hours worked for which p<<yment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to CITY. The CONSULTANT agrees to perform all the services, described in Exhibit B Scope of Services, and reimbursable expenses, for the total sum shown below. The following sets forth the distribution of CONSULTANT' S budget amount for each described service and in no event shall CONSULTANT exceed the amount specified for the described service. A. Basic Services: Task #1: CONCEPTUAL DESIGN $ 140,270.00 Task #2: SCHEMATIC DESIGN $ 204,477.00 Task #3: DESIGN DEVELOPMENT $ 394,690.00 Task #4: CONSTRUCTION DOCUMENTS $ 783,630.00 Task #5: BIDDING AND AWARD $ 34,940.00 Task #6 & #7: CONSTRUCTION ADMT~TISTRATION $ 645,993.00 AND PROJECT CLOSE-OUT REIMBURSABLE EXPENSE ALLOWANCE $ 93,000.00 CONSULTANT shall not exceed any of the spec;.fied budget amounts for any phase or category without prior authorization from the CITY. The CITY Public Works Director may approve in writing the transfer of budget amounts between a~iy of the phases or categories listed above provided the total Agreement amount does not exceed Two Million Two Hundred Ninety-Seven Thousand and 00/100 Dollars ($2,297,000.00). T'he CONSULTANT shall invoice monthly based on percent completion per task against the ;sum total as shown above. The CONSULTANT is directly responsible for any reimbursements for SUBCONSULTANT work on this Project. Reimbursables for SUBCONSUI,TANT Work on this Project shall be billed to CITY as Basic Services and shall not be subject to the 10% markup for Reimbursable Expenses. C-1 REIMBURSABLE EXPENSES Note 1. Only reproducible and presentation documentation of the CONSULTANT Work are reimbursable expenses under this Agreement. Reimbursable expenses are billed with back-up documentatio~i, plus 10%. Any other printing expenses are included in the CONSULTANT'S fee. Reimbursable Expenses for the basic scope of work shall not exceed Ninety Three Thousand and 00/100 Dollars ($93,000). Note 2. Additional Services are for scope ~~f work items that are unforeseen under this Agreement. The CONSULTANT is not allowed to perform additional services without prior written authorization of the CITY. Services not specified in Sections 1-2 of Exhibit A shall be separately negotiated as additional services to be paid on a lump sum or a time acid material basis, based on the rate schedule as shown on Exhibit D, as authorized. by the Director of Public Works. CITY has set aside the sum of ONE HUNDREL) THOUSAND AND 00/100 DOLLARS ($100,000.00) for the payment of .Additional Services. CITY' S Director of Public Works shall not authorize, and CONSULTANT shall not perform any additional services that result in charges in e~ccess of the above amount. Payment for Additional Services: CONSULTANT shall submit an invoice to CITY for the payment in conjunction with the compensation submittal for the authorized Additional Services rendered. CONSULTANT expenses and reimbursable expenses for additio~ial services shall be subject to a 10% markup. C-2 Cupertino Library 20114.00 Exhibit D COMPENSATION 05/25/01 CONSULTANT DIRECTORY AND RATE SCHEDULE (All Rates Indicated Shall be i7 Effect Until June 30, 2002) 1. Architect: SMWM 989 Market St., 3`d Floor San Francisco, CA 94103 415.546.0400 SMWM RATE SCHEDULE Principal Associate Principal Director of Interior Design Senior Associate/Senior Contract /administrator Senior Associate/Senior Project Ar~_hitect Senior Associate/Senior Project Planner Senior Associate/Senior Project Designer Senior Associate/Senior Project M~~nager Project Manager/Project Architect Project Designer/Project Planner Director of Graphic Design Senior Designer/Drafter/Planner Intermediate Designer/Drafter/Planner Intermediate Graphic Designer Designer/Drafter/Planner Project Assistant 2. Structural Engineer: Forell Elsesser EngineEars 160 Pine Street San Francisco, CA 941 11 415.837.0700 FORELL ELSESSER ENGINEERS RATE SCHEDULE $210.00/hr $175.00 $165.00 $150.00 $150.00 $150.00 $150.00 $150.00 $125.00 $125.00 $125.00 $100.00 $85.00 $85.00 $ 70.00 $ 50.00 Senior Principal $150 - 170.00/hr Principal $140.00 Senior Engineer $115 -130.00 Engineer $90 - 105.00 Cupertino Library 20114.00 CAD Manager CAD Drafter Exhibit D COMPENSATION 05/25/01 $95.00 $75 - 85.00 3. Mechanical, Electrical Plumbing, Fire Protection Engineer, Telecommunications: Flack + Kurtz, Inc. 343 Sansome St., Suite 450 San Francisco, CA 94111 415.433.5311 FLACK + KURTZ_RATE SCHEDULE Senior Vice President $225.00/hr Vice President $190.00 Senior Associate $160.00 Associate $140.00 Engineer $125.00 Design Engineer $100.00 Designer $90.00 CAD Operator $85.00 Administration $65.00 Director of Lighting Design Services $175.00 CAD Manager $125.00 4. Civil Engineer: Sandis Humber Jones 605 Castro Street Mountain View, CA 94041-2011 650.969.6900 SANDIS HUMBER JONES RATE SCHEDULE Principal $180.00/hr. Senior Engineer $125.00 Project Engineer -Level III $110.00 Project Engineer -Level II $95.00 Project Engineer - Level I $85.00 Design Engineer -Level III $85.00 Design Engineer-Level II $75.00 Design Engineer - Level I $60.00 Computer /Engineering Technician -Level III $85.00 Cupertino Library Exhibit D 20174.00 COMPENSATION 05/25/01 Computer /Engineering Technician -Level II $70.00 Computer /Engineering Technician - Level I $50.00 Clerical $40.00 5. Landscape Architect: Carter Tighe Leeming + Kajiwara (CTLK) 591 Redwood Highway, Suite 2320 Mill Valley, CA 94941 415.381.2375 CTLK RATE SCHEDULE Principal/Project Manager $125.00/hr. Project Landscape Architect $95.00 Landscape Architect $85.00 Clerical/Administrative $70.00 6. Code Consultant: Rolf Jensen & Associates 2125 Oak Grove Rd., Suite 300 Walnut Creek, CA 94598-2539 925.938.3550 Rolf Jensen & Associates Principal $165.00/hr Project Manager $130.00 Associate Engineer $120.00 Assistant Engineer $115.00 Technician $100.00 7. Lighting Designer: Architectural Lighting Design 370 Brannan Street San Francisco, CA 94107 415.495.4085 ARCHITECTURAL LIGHTING DESIGN RATE SCHEDULE Principal $140.00/hr Designer $110.00 Technical Staff $80.00 Cupertino Library Exhibit D 20714.00 COMPENSATION 05/25/01 8. Specifications Writer: John Raeber, FAIA, F:iCI, CSS 75 Seward Street San Francisco, CA 94114 415.864.2260 JOHN RAEBER RATE SCHEDULE Principal $150.00/hr 9. Hardware Consultant: Door + Hardware Consultants 388 Market Street, #500 San Francisco, CA 94111 415.623.2744 DOOR + HARDWARE CONSULTAf~IT RATE SCHEDULE Principal $125.00/hr Technical Level I $85.00 Technical Level II $55.00 Technical Level III $35.00 10. Acoustical Consultant: Charles Salter Associates, Inc. 130 Sutter Street San Francisco, CA 94104 415.397.0442 CHARLES SALTER ASSOCIATES RATE SCHEDULE President, Sr. Vice-President, Vice President, Director $185.00/hr Principal Consultant $160.00 Senior Consultant $125.00 Consultant $110.00 Technical Assistant $75.00 Cupertino Library Exhibit D 20114.00 COMPENSATION 05/25/01 11. Cost Estimator: Oppenheim Lewis, Inc. 60 Federal Street, Suite 307 San Francisco, CA 94107 415.575.3744 OPPENHEIM_LEWIS RATE SCHEDULE Principal $125.00/hr Senior Estimator $110.00 Estimator $95.00/hr Project Assistant $80.00 12. Roofing Consultant: Lance Roof Inspection Service 2450 Peralta Blvd, #208 Fremont, CA 94536 LANCE ROOF INSPECTION SERVICI: RATE SCHEDULE Consultant $85.00/hr oi~~y~ FOURTH AMENDMENT TO CONSULTANT AGREEMENT BETWEEN THE CITY OF CUPERTINO AND SMWM, A CALIFORNIA CORPORATION FOR ARCHITECTURAL DESIGN SERVICES FOR THE CUPERTINO LIBRARY, C[VIC CENTER AND CIVIC PLAZA THIS FOURTH AMENDMENT TO AGREEMI~NT is made and entered into this ~~ ~ day of ~~-~~ , 2004 by and between the CITY OF CUPERTINO, a municipal corporation (hereinafter "CITY"), and SMWM, a California Corporation (hereinafter "CONSULTANT"). RECTI ALS WHEREAS, on June 12, 2001, CITY and CONSULTANT entered into an agreement entitled "AGREEMENT FOR ARCHITECTURAL CONSULTANT SERVICES BETWEEN THE CITY OF CUPERTINO AND SIMON MARTIN-VEGUE WINKELSTEIN MORIS, A CALIFORNIA CORPORATION FOR NEW CUPERTINO LIBRARY"; and WHEREAS, on March 5, 2002, CITY and CONSULTANT entered into an agreement entitled "FIRST AMENDMENT TO CONSULTANT AGREEMEN7, BETWEEN THE CITY OF CUPERTINO AND SIMON MARTIN-VEGUE WINKELSTEIN MORIS, A CALIFORNIA CORPORATION FOR ARCHITECTURAL PLANNING AND DESIGN SERVICES FOR THE CUPERTINO LIBRARY, CIVIC CENTER AND CIVIC PLAZA"; and, WHEREAS, on August 1, 2003, CITY and CO:[VSULTANT entered into an agreement entitled "SECOND AMENDMENT TO CONSULTANT AGREEMENT BETWEEN THE CITY OF CUPERTINO AND SIMON MARTIN-VEGUE WINKELSTEIN MORIS, A CALIFORNIA CORPORATION FOR CONTRACT ADMINISTRt~,TION (CA) SERVICES FOR THE CUPERTINO LIBRARY, CIVIC CENTER AND CIVIC PLAZA", and, FOURTH AMENC~MENT -page 1 WHEREAS, on December 19, 2003, CITY and Cc~NSULTANT entered into an agreement entitled "THIRD AMENDMENT TO CONSULTANT AGREEMENT BETWEEN THE CITY OF CUPERTINO AND SMWM, A CALIFORNIA CORPORATION FOR CONTRACT ADMINISTRATION (CA) SERVICES FOR THE CUPERTINO LIBRARY, CIV [C CENTER AND CIVIC PLAZA", and, WHEREAS, CITY and CONSULTANT desire to amend the AGREEMENT to modify the basic agreement, scope of services, and increase the total compensation; and WHEREAS, the CITY OF CUPERTINO desires to obtain architectural consultant services for the combined Cupertino Library, Civic Center and Civic F'laza, (hereinafter, PROJECT); and WHEREAS, SMWM has the necessary professional e:~cpertise and skills to perform the architectural services required, NOW, THEREFORE, the purpose of this FOURTH AMENDMENT to the AGREEMENT is to retain SMWM as CONSULTANT TO THE CITY to perform those services specified in REVISED EXHIBIT A of this FOURTH AMENDMENT. SECTION 1. SECTION 4, "COMPENSATION" is :mended as follows: "The compensation to be paid to CONSULTANT, including payment for Basic Professional Services, Reimbursable Expenses and Additional Services shill not exceed the amount of Three Million Seven Hundred Twenty-Eight Thousand Nine Hundred Two and 00/100 DOLLARS ($3,728,902). The rate and schedule of payment is set out in REVISED EXHIBIT C, entitled "COMPENSATION", which is attached hereto and incorporated herein." SECTION 2. All of the terms and conditions of the oiYginal AGREEMENT not modified by this Fourth Amendment shall remain in full force and effect. FOURTH AMENC)MENT -page 2 CITY NOTARY PUBLIC CERTIFICATION City of Cupertino Approved as A Form: By: ~%~~"l/l/~~K/~ Date: Char es ~j~1, City Attorney ~; ~ By: ~ Date: ~~•ZL .O~f Dave Knapp, City Manag M. . CanmwNOn I'II~bOs Nolory hd~IC - Ca/o~No Oon~n. t~JO~ State of California Attest: Date:~~~ Kimberly Smith, Ci Clerk 10300 Torre Avenue Cupertino, Ca. 95014 Telephone 408 777 3223 CONSULTANT SMWM, a California Corporation By: Name: IQ ~ e~.~~w`M Title: ~: Le Pits ~ N ~-wT ~ ~ ~,~ By: Name: L•~~~• IA. Sa~~ ~ Title: ~ ~ ce P~ ~ S ~ ~ ~'~` 989 Market Street, 3rd Floor San Francisco, Ca. 94103 Telephone: 415 546 0400 County of S~~ ~~~N CZS (~ On: _ ^.o-i ~ / I~ /~ before me, (Notary Public) M . (~ •~RaTV ~ (Consultant) ~ NTH~p ~l. y ~IV tt~l M and, (Consultant) ~-.-11J~~1 A . S'O~TA~ personally appeared, known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their Permitted capacities, and that by their signatures on the instrument, the persons or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public Fourth Amendment Page 3 REVISED EXHIBIT A SCOPE OF WORK General The Scope of Work for Amendment No. 4 consists of the execution of conceptual design, selection and specification of furniture items and an overall furniture color and materials palette. Specifications for furniture shall include a plan coded furniture specifications binder and specification coded furniture plan. Consultant shall provide advice to the City in the bidding of the furniture and provide services during the interior contract administration installation phase for both the Community Hall and the Library, as defined in the attached SMWM ASP No. 042. Revised Exhibit A - 1 REVISED EXHIBIT B SCHEDULE OF PERFORMANCE CONSULTANT was authorized by Council to begin this scope of work as described in REVISED EXHIBIT A, on February 17, 2004, and shall complete all work on or before October 31, 2004. Revised Exhibit B - 1 REVISED EXHIBIT C COMPENSATION This REVISED EXHIBIT C, COMPENSATION, replaces EXHIBIT C, COMPENSATION, in the AGREEMENT. BASIC PROFESSIONAL SERVICES CITY agrees to compensate CONSULTANT for Basic Professional Services performed in accordance with the terms and conditions of this FOURTH AMEND]VIENT. The additional amount of compensation to be paid to CONSULTANT for Basic Professional) FF / E Design Services under this FOURTH AMENDMENT shall not exceed One Hundred Twenty-five Thousand and 00/100 Dollars ($125,000), unless authorized by an Additional Service Directive (ASD). The allowance for compensation to be paid to CONSULTANT for Additional Services associated with this Scope of Work is Twenty-five Thousand, and 00/100 Dollars ($25,000). Any hours worked or expenses incurred, which would result in exceeding the combined maximum amount of compensation set forth herein, shall be at no cost to CITY. This FOURTH AMENDMENT reduces the amount of Compensation authorized in Amendment No. 3 by $98,098, in the following way: • Basic Services, Task 1, Library Wireless Hub, for a fee of $35,881, is deleted • Basic Services, Task 2, Plaza Wireless Hub, for a fee of $36,575, is deleted • Reimbursable Allowance of $25,642, is deletf;d The individual categories of Basic Professional Services, Additional Services and Reimbursable Expenses, including this FOURTH AMENDMENT, shall not exceed the following limits: • Basic Services: THREE MILLION TWO HUNDDRED TWELVE THOUSAND FIVE HUNDRED NINTEEN AND 00/100 DOLLARS ($3,212.519) • Additional Services: THREE HUNDRED FIFTY-EIGHT THOUSAND THREE HUNDRED EIGHT-THREE AND 00/100 DOLLARS ($;;58,383). Additional Service Directives, 1 through 20 have authorized a total of $288,071 leaving a balance of $70,312. Revised I.xhibit C-1 REVISED EXHIBIT C COMPENSATION • Reimbursable Expenses: ONE HUNDRED FIFTY-EIGHT THOUSAND AND 00/100 DOLLARS ($158,000) The CITY Public Works Director may approve, in vrriting, the transfer of budget amounts between any of the phases of Basic Professional Services or bet~,veen the categories of Basic Professional Services, Reimbursable Expenses and Additional Services, provided that the total FOURHT AMENDMENT amount does not exceed Three Million, Seven Hundred Tv~~enty-Eight Thousand Nine Hundred Two and 00/100 Dollars ($3, 728,902). ADDITIONAL SERVICES CONSULTANT will be compensated for Additio~lal Services, only by prior written authorization, by Additional Service Directive, by the Director of Public Works, or his authorized representative, on a "Time and Materials" or "Lump Sum" basis. For work performed as "Time and Materials", CONSULTANT shall submit invoices with time allocations and back-up information, for CONSULTANTS's design staff and CONSULTANT's Sub-consultants, to the CITY for approval. Where the work is to be performed as a "Lump Sum", CITY agrees to compensate CONSULTANT monthly based upon a percentage of work completed, plus reimbursement for Reimbursable Expenses. Where the work is to be performed on a "Time; and Materials" basis, CITY agrees to compensate CONSULTANT monthly based upon the hourly rates in REVISED EXHIBIT D, BILLING RATES. CONSULTANT shall be responsible for directing the work of sub-consultants and for any compensation due to sub-consultants. CITY assumes no responsibility whatsoever concerning such compensation. REIMBURSABLE EXPENSES CONSULTANT shall be authorized reimbursement for the below listed expenses directly related to the performance of Basic Professional Services and Additional Services, provided in this THIRD AMENDMENT. Revised Exhibit C-2 REVISED EXHIBIT C COMPENSATION • Reproduction of Drawings and Specifications • Private Auto Parking, Tolls, and Trav~;l at 34'h cents per mile • Commercial Auto Travel • Commercial Air Travel • Meals and Lodging • Presentation materials (excluding models and artist's original renderings, which shall be considered and compensated as an Additional Service) • Project related materials, supplies or equipment CONSULTANT shall be entitled to a 10% markup oil direct, authorized, Reimbursable expenses. CONSULTANT shall provide clearly legible, dated 1-~ackup documentation annotated with purpose and service phase of all Reimbursable expenses. Consultant invoices shall designate % work accompli shed on each task, amount due and balance remaining Revised E=xhibit C-3 REVISED EXHIBIT D BILLINCa RATES (All Rates Indicated Shall be ~n Effect Until June 30, 2004). 1. Architect: SMWM 989 Market St., 3rd Floor San Francisco, CA 94103 415.546.0400 SMWM RATE SCHEDULE Senior Principal $260.00/hr Principal $210.00 Associate Principal $175.00 Senior Contract Administrator $160.00 Senior Project Manager/Senior Project Archit~~cb Senior Project Designer/Senior Project Planner/ Senior Industrial Designer $150.00 Director of Graphic Design $140.00 Project Manager/Project Architect/ Project Designer/Project Planner $125.00 Senior Designer/Drafter/Planner $110.00 Intermediate Designer/Drafter/Planner $90.00 Designer/Drafter/Planner $75.00 Technical Administrative $65.00 Administrative $55.00 2. Structural Engineer: Forell Elsesser Engineers 160 Pine Street San Francisco, CA 94111 415.837.0700 FORELL ELSESSER RATE SCI:~DULE Senior Principal: $170.00-180.00/hr Principal: $150.00 Associate/Senior Engineer: $125.00-140.00 Engineer: $100.00-120.00 CADD Manager: $100.00 CAD Drafter: $90.00 3. Mechanical, Electrical Plumbing, Fire Protection Engineer, Telecommunications: Flack + Kurtz, Inc. 343 Sansome St., Suite 450 San Francisco, CA 94111 415.433.5311 Revised Exhibit D-1 REVISED EXHIBIT D BILLIN(a RATES (All Rates Indicated Shall be in Effect Until June 30, 2004). FLACK + KURTZ RATE SCHEDULE Senior Vice President $225.00/hr Vice President $190.00 Senior Associate $160.00 Associate $140.00 Engineer $125.00 Design Engineer $100.00 Designer $90.00 CAD Operator $85.00 Administration $65.00 Director of Lighting Design Services $175.00 CAD Manager $125.00 4. Civil Engineer: Sandis Humber Jones 605 Castro Street Mountain View, CA 94041-2011 650.969.6900 SANDIS HUMBER JONES RATE SCHEDULE Principal $180.00/hr Senior Engineer $125.00 Project Engineer-Level III $110.00 Project Engineer-Level II $95.00 Project Engineer-Level I $85.00 Design Engineer-Level III $85.00 Design Engineer-Level II $75.00 Design Engineer-Level I $60.00 Computer/Engineering Technician-Level III $85.00 Computer/Engineering Technician-Level II $70.00 Computer/Engineering Technician-Level I $50.00 Clerical $40.00 5. Landscape Architect: Hargreaves Associaites 2020 17~' St San Francisco, CA 94103 415.865.1811 HARGREAVES RATE SCHEDULE Hargreaves $250.00/hr Jones $200.00 Anderson $115.00 Senior Associate /Associate $60.00-125.00 Staff $45.00-110.00 Revised I.xhibit D-2 REVISED EXHIBIT D BILLIN(a RATES (All Rates Indicated Shall be ~n Effect Until June 30, 2004). 6. Code Consultant: Rolf Jensen & Associates 2125 Oak Grove Rd., Suite 300 Walnut Creek, CA 94598-2539 925.938.3550 ROLF JENSEN & ASSOCIATES RATE SCHEDULE Principal $175.00/hr Senior Consulting Engineer $165.00 Project Manager $140.00 Associate Engineer $125.00 Assistant Engineer $115.00 Technician $100.00 7. Lighting Designer: Architectural Lighting Design 370 Brannan Street San Francisco, CA 94107 415.495.4085 ARCHITECTURAL LIGHTING DESIGN RATE SCHEDULE Principal $150.00/hr Designer $110.00 Technical Staff $90.00 8. Specifications Writer: John Raeber, FAIA, FSCI, CCS 75 Seward Street San Francisco, CA 94114 415.864.2260 JOHN RAEBER RATE SCHEDULE Principal $200.00/hr 9. Hardware Consultant: Door + Hardware Consultants 388 Market Street San Francisco, CA 94111 415.623.2744 DOOR + HARDWARE CONSULTANTS RATE SCHEDULE Principal $125.00/hr Technical Level I $85.00 Technical Level II $55.00 Technical Level III $35.00 10. Acoustical Consultant: Charle;~ Salter Associates, Inc. 130 Sutter Street Revised Exhibit D-3 REVISED EXHIBIT D BILLIN(a RATES (All Rates Indicated Shall be 'n Effect Until June 30, 2004). San Francisco, CA 94104 415.397.0422 CHARLES SALTER ASSOCIATES RATE SCHEDULE President, Sr. Vice-President, Vice President, Director $200.00/hr Principal Consultant $160.00 Senior Consultant $125.00 Consultant $110.00 Technical Assistant $75.00 11. Cost Estimator: Oppenheim Lewis, Inc. 60 Federal Street, Suite 307 San Francisco, CA 94107 415.575.3744 OPPENHEIM LEWIS RATE SC[~DULE Principals $130.00/hr Estimators $100.00 Project Assistants $80.00 Staff Support $60.00 12. Roofing Consultant: Lance Ro~~f Inspection Service 2450 Peralta Blvd., #208 Fremont, CA 94536 415.575.3744 LANCE ROOF INSPECTION SERVICE RATE SCHEDULE Consultant $85.00/hr Revised Exhibit D-4 989 Market Street, 3rd Floor, San Francisco, CA 94103 415 546 0400 T 415 882 7098 F ADDITIONAL SERVICE PROPOSAL To: Terry Greene, Senior Architect Department of Public Works a City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 -- ---=~-T--~ --°~`°'~ { ~ ~r-t cP xcrc f : ~~` From: Doug Hoffelt, AIA, Senior Associate { ~ _ a SMWM, A California Corporation L~r__~~.~~~~ .€ 989 Market Street, 3rd Floor San Francisco, CA 94103. Date: 301anuary 2004 Project: Cupertino Civic Center ASP No: 042 Project No: 20114.41 Re: Interior Furniture and Furnishings In accordance with Revised Exhibit C, Compensation, under the subheading of Additional Services, of the Third Amendment to Consultant Agreement between The City of Cupertino (the "Owner") and SMWM, A California Corporation (the "Architect"), dated 19 December 2003, the Architect is submitting this proposal for additional services, as requested by the Owner. We request your authorization of the additional services described below. We will proceed with the work upon receipt of your signed authorization. The Architect is considering this work an Additional Service for the following reason: The Owner has requested this work to be added to the scope of the Project. SCOPE OF WORK AND SERVICES: 1 CUPERTINO LIBRARY 1.1 Scope of the Work 1.1.1 The Architect's scope of work under this Addition,31 Service Proposal includes approximately 55,000gsf of a new Cupertino Library building. The specific spaces included are as follows: .1 First Level: a. Entry Lobby, Administration, Circulation Services/Staff Areas + Offices, Staff Break Room, Browsing Room, Book Hold, Children's Collection, Children's Group Study and Children's Story Time Room. .2 Second Level: a. Fiction, Non-Fiction, Periodicals, Young Adult Collection, Quiet Study Room, Group Study Room, Staff Work Room, Microfilm, and Reference Computer Work Room. 1.2 Scope of Interior Services for Furniture and Furnishings 1.2.1 Review existing furniture program and budget. Execute conceptual design, selection and specification of furniture items, and an overall furniture color and materials palette (fabrics, materials, wood or metal finishes, and upholsteries.) Specifications fcr furniture shall included aplan-coded furniture specifications binder and specification-coded furniture plans. Provide advice to the Owner in the bidding of the furniture and provide services during the Interior Contract Administration /Installation Phase. architecture interiors planning graphic design Pdge 1 'ir~s , 2 CUPERTINO COMMUNITY HALL 2.1 Scope of the Work 2.1.1 The Architect's scope of work under this Additional Service Proposal includes approximately 56,200gsf of a new Cupertino Community Hall building. Th~~ specific spaces included are as follows .1 First Level: a. Entry Lobby, Council Chamber/Meeting Room and Conference Room. 2.2 Scope of Interior Services for Furniture and Furnishings 2.2.1 Review existing furniture program and budget. Execute conceptual design, selection and specification of furniture items, and an overall furniture color and materials palette (fabrics, materials, wood or metal finishes, and upholsteries.) Specifications fix furniture shall included aplan-coded furniture specifications binder and specification-coded furniture plans. Provide advice to the Owner in the bidding of the furniture and provide services during the Interior Contract Administration /Installation Phase. DESCRIPTION OF ADDITIONAL SERVICES BY PHASE: 1 INTERIOR SCHEMATIC DESIGN 1.1 Meet with the Owner's key personnel up to two (:') times to obtain specific information affecting furniture layouts. 1.2 Confirm furniture layouts and make minimal suggestions, if required. 1.3 Meet with Owner's representatives to review any revisions to furniture plans for final sign-off. 1.4 Prepare furniture budgets within targeted budget funds. 1.5 Annotate existing program to reflect changes in general furniture requirements. 1.6 Coordinate interior design services with other disciplines. 1.7 Meet with Owner to review Owner's purchasing rf~quirements, furniture standards or existing contracts. 1.8 Update itemized furniture budget. 1.9 Develop a conceptual approach to new furniture, ncluding colors, materials and fabrics. 1.10 Prepare and present to the Owner the conceptual design approach in loose samples. Review the schedule. 1.11 Attend one collaborative meeting with the Owner's project manager and architectural team. 2 INTERIOR DESIGN DEVELOPMENT 2.1 Based on approved schematic design, refine and cevelop all design items: Select final colors, materials, fabrics, furniture, finishes and location. 2.2 Attend up to two (2) interim working meetings with the Owner's project manager and architectural team. 2.3 Review and update, if necessary, the budget and schedule. 2.4 Prepare presentation boards showing final furniture and fabric selections. 2.5 Conduct one final presentation of furniture and fabric for Owner's approval and one formal presentation to the City Council. 3 INTERIOR DOCUMENTATION 3.1 Prepare coded plans of standard furniture items and office systems furniture. 3.2 Prepare specifications for: .1 Systems Furniture .2 Standard Furniture 3.3 Prepare duplicate record binders. 3.4 Attend up to two (2) meetings. with the Owner. Page 2 F. '~ - fz' :: p;..: ~~E:`~y 4 FURNITURE BIDDING PHASE 4.1 Assist the Owner in furniture bidding. Provide a li~:t of potential vendors. 4.2 Respond to vendors' questions during the bid peri~~d. 4.3 Make a recommendation to the Owner regarding he furniture bids. 5 CONTRACT ADMINISTRATION/INSTALLATION PHASE 5.1 Review delivery/installation schedules. 5.2 Respond to contractors' and dealers' questions. 5.3 Review submittals and evaluate "or equal" products; make a recommendation to the Owner. 5.4 Review change order requests. 5.5 Provide a written punch list of furniture items. 5.6 Review systems furniture installation drawings. 5.7 Be present during key times of furniture installation (assumes only one trip). ASSUMPTIONS 1. Refer to attachment B for a detailed breakdown of the hours the Architect has assumed for services during the Furniture Contract Administration/Installation Phase. The Architect shall be entitled to an appropriate adjustment in compensation in the event work beyond these limits is required due to no fault of the Architect. Z. These services and fees are in addition to the initial corceptual study. EXCLUSIONS: 1. Services for all non-furnished spaces, i.e. Toilet Rooms, Corridors, Storage spaces, Stairs, Electrical + Janitor's Closets and Elevators. 2. Services for Building Finishes, Millwork, Custom Furniture, Equipment and Library Stacks. 3. Evaluation of whether the Cupertino Library should usE~ custom furniture in the public areas. 4. Analysis or inventory of existing furniture (All new furniture is assumed). 5. Services related to custom millwork, such as the circulation and reference desks or administrative office millwork. 6. Management of the furniture bid process. SCHEDULED TIME FOR A/E PERFORMANCE: Start: As soon as authorized in writing by the Owner. Completion: In coordination with the overall project schedule. FEES FOR ADDITIONAL SERVICES*: Compensation for the above additional services shall be cornputed on an hourly (time and materials) basis, based on the Rate Schedule provided in the Revised Exhibit D of the Third Amendment to Consultant Agreement, dated 19 December 2003, with anot-to-exceed total, as follows: 1. Not-to-Exceed Fee = $118,110 2. Reimbursable Expense Allowance = $8,800 3. Total Not-to-Exceed Fee + Reimbursable Expense Allowance . $126,910 * Refer to Attachment A for detail of Fee and Reimbursable Expense A//owance for Architect Page 3 5 ,3= ~~ s:'. METHOD OF COMPENSATION: As per Revised Exhibit C, Compensation, under the subhea~~ing of Additional Services, of the Third Amendment to Consultant Agreement, dated 19 December 2003. ORIGINALS: This Additional Service Proposal shall be executed in two (2) originals, each of which shall be deemed an original, but all of which together shall constitute one and -the same instrument. Authorized by: Owner CITY OF CUPERTINO Ralph A. Qualls, Jr., Director of Public Works L~rchitect SMWM, CALIFORNIA CORPORATION Phy lis M in-Vegue, Secretary of the Corporation Ol~ 3p - O~}- Date Date (~SMWM A CALIFO~C PORATI N \\ L C IJ Lin a Sob ta, Vice President '~ ~ ~~ Date cc City of Cupertino (Original 2 of 2) File: 3.3.04 -ASP 042 (Original 1 of 2) encl: Attachment A -Fee Chart Attachment B -Back up Attachment C -Draft Furniture Budgets -Library and Community Hall Page 4 Project #: 201 14.41 ASP 1i: 042 Attachment A CUPERTINO CIVIC CENTER Additional Service Proposal 042: INTERIOR FURNITURE AND FURNISHINGS ._. per ,~ PHASE TOTAL `~` ,,~~~~ ..;.y.a~ti ~, ~ '~~ SCHEMATIC DESIGN BID CONTRACT ADMIN/ TOTAL REIMS. '~ f., ~ ~ DESIGN DEVELOPMENT DOCUMENTATION PHASE INSTALLATION FEE ALLOWANCE 1. NET ARCHITECTURAL FEE Architecture $0 $0 Interior Design _ _ _ SMWM -- - . _ $33,580 _. $30,790 528,640 $6,290 _ $18810 _ . $118,110 _. $8,000 Planning _ _. _ $0 $0 Graphic Design $0 SO SUBTOTAL 533,580 530,790 528,640 56,290 518,810 5118,110 58,000 2. A. BASIC SUB-CONSULTANTS Structural Engineer $0 _ $0 __ Mech/EledPlumb Enyrneer _ $0 $0 IT/Security Engineer _ _ _ $0 $0 Evil Engineer $0 _ - $0 - - -- Landscape Architect -_ $0 _ _ $0 _.. _ Specification Consultant _ _ $0 $0 SUBTOTAL SO $0 SO 50 SO 50 SO 2. B. SPECIAL SUB-CONSULTANTS Accessibility Consultant $0 Acoustical Consultant $0 $0 Audiovisual Consultant $0 $0 Code Consultant $0 $0 Cost Consultant _. __ - _ $0 $0 Curtain Wall Consultant $0 $0 Elevator Consultant $0 $0 Fire/Life Safety Consultant _ __ -----_ - ____ $0 $0 Hardware Consultant _ $0 SO Graphics/Signage Consultant $0 $0 Lighting Designer $0 $0 Roofing Consultant $0 _ $0 Theatre & Production Systems _ $0 _ $0 SUBTOTAL SO SO SO 50 50 SO SO 3. MARK-UP ON CONSULTANT FEE & ALL REIMBURSIBLE EXPENSES Prime Consultant SMWM $0 $0 50 $0 $0 $0 5800 SUBTOTAL 4. CONTRACT AMOUNT 533,580 530,790 528,640 56,290 518,810 5118,110 58,800 TOTAL FEE + R.E. - 5126,910 cc: Sandy McFadden File: 3.3,04 (ASP 041) 2 ASP Chart Attachment A.xls 01 /16/04 ATTACHMENT B -BACK UP INTERIOR DESIGN FEE ESTIMATE Staff 1: SMWM STAFF TEAM MEMBER Principal-In Project Staff 2: Ch,3rge designer Designer PHASE I: INTERIOR SCHEMATIC DESIGN Meet with the City's key personnel to obtain specific 1 information affecting layout. (assume 2 meetings.) 8 20 2 Confirm furniture layouts and make minimal suggestions 2 12 20 if indicated. 3 Meet with representatives of City to review any revisions 6 6 ' to furniture plans. Obtain final sign-off. 4. Prepare budgets 2 12 5 Annotate existing program to reflect changes in general furniture requirements. 0 6 6 Meet with architects on bldg systems (esp. electrical) and _ other bld .Coordination. 10 ~ Meet with City's rep to understand City's purchasing 4 requirements, furniture standards or contracts that exist. 4 8. Update itemized furniture budget. 2 10 - - Develop conceptual approach to new furniture, ~ 9. including colors, materials and fabrics. 6 24 40 i 0 Prepare and present to the client the conceptual design approach in loose samples. Review the schedule. ~ 16 11 Meetings to collaborate with the City's PM and . Architects. (Assume 1 meeting.) ~ 8 PH__A_SE I: INTERIOR SCHEMATIC DESIG_N__H_OURS _ _ _ _~l8 __ 128_ 60 ___ Hourly Rates $260 $125 $85 $12,480 $16,000 __ $5,100 PHASE I: INTERIOR SCHEMATIC DESIGN FEE $33,580 B-1 ATTACHMENT B -BACK UP INTERIOR DESIGN FEE ESTIMATE Staff 1: SMWM STAFF TEAM MEMBER Principal-In project Staff 2: Charge designer Designer PHASE II: INTERIORS DESIGN DEVELOPMENT Based on approved final furniture plans, refine and develop all design items: Final selection of colors, 1 materials, fabrics, furniture, finishes and location. 20 40 120 Determine availabilit . Interim working meetings with PM and others. Assume 2 I 8 2 meetin s. 3. Review and update the budget and schedule. "' 10 Prepare presentation boards showing final furniture and 4' fabric selections. ~I 32 Final presentation of furniture and fabric for City's 6. approval and formal presentation to the City Council. ~I 4 PHASE II: INTERIORS DESIGN DEVELOPMENT 34 94 120 Hourly Rates $260 $125 $85 $8,340 $11,750 $10,200 PHASE tl: INTERIORS DESIGN DEVELOPMENT FEE $30,790 PHASE 111: INTERIORS DOCUMENTATION 1 Prepare coded plans of standard furniture items and office systems furniture (~ 4 40 2. Prepare specifications for: Systems Furniture Standard Furniture 0 0 0 12 20 __ 40 1 ZO_ 3. Prepare duplicate record binders. (l 4 60 4. Meetings with the City (2 meetings). ~1 4 PHASE III: INTERIOR DOCUMENTATION HOURS ~l 44 260 Hourly Rates $260 $125 _ $85 $1,J40 $5,500 $22,100 PHASE III: INTERIOR DOCUMENTATION FEE $28,640 PHASE IV: FURNITURE BIDDING PHASE _ 1. Assist the City in bidding: list of vendors. 0 8 2 _ _ Be available to answer vendors questions during the bid period. (~ 20 _ _ _ 3~ Make a recommendation to the City regarding the furniture bids. ~f 14 I PHASE HOURS PHASE IV: FURNITURE BIDD N G ~l 42 0 _ _ _ _ _ Hourly Rates $260 $125 $85 $1,J40 $5,250 $0 PHASE IV: FURNITURE BID PHASE FEE $6,290 B-2 ATTACHMENT B -BACK UP INTERIOR DESIGN FEE ESTIMATE SMWM STAFF TEAM MEMBER Principal-In Staff 1: Staff 2: Charge Project Designer designer PHASE V: CONTRACT ADMINISTRATION/INSTALLATION PHASE 1. Review delivery~nstallation schedules. 6 2 Respond to contractors' and dealers' questions. Allowance _ 28 3' Review submittals and evaluate "or equal ° products; make a recommendation to the City. Allowance. E> 32 4. Review change order requests. Allowance. 20 5. Punchlist of furniture items. 32 6. Review systems furniture installation drawings. 12 7 Be present during key times of furniture installation ( uess at 1 tri ). 8 CON TRACT ADMINISTRATION HOURS E> 138 0 Hourly Rates $260 $125 $85 $1,560 $17,250 $0 PHASE V: CONTRACT ADMINISTRATION FEE $18,810 P€a{~ ~ f P INTERIOR DESIGN FEES $118,110 PLUS REIMBURSABLE ALLOWANCE (Included 10% Markup) $8,800 -~ TOTAL SMWM INTERIOR DESIGN FEES + REIMBURSABLES 5126,910 B-3 CUPERTINO LIBRARY FURNITURE BUDGET 55,000 SF BUILDING + ATTACHMENT C Furniture Category Code Furniture Item Qty. Net Unit Cost Net Extended Cost Seating Bench (seats 2) 4 $1,300 $5,200 Task chair 40 $450 $18,000 Reading chair 180 $275 $49,500 Child's Reading chair (tots) 4 $275 $1,100 Child's Reading chair (inid) 8 $275 $15,000 Child's Reading chair (Ig) 4 $450 $1,800 Lounge chair (stnd) 35 $1,500 $52,500 Staff Lounge chair 4 $1,500 $6,000 Lounge chair (child's) 2 $1,500 $3,000 Catalog station chair 70 $450 $31,500 Office side chair 40 $450 $18,000 Group study chair 48 $500 $24,000 Subtotal, Seating $225,600 Tables, Work Surfaces Reading table for 2 50 $3,000 $150,000 _ ___ Reading table for 4 (la_rge) 9 $5,000 $45,000 Reading table for 4 _ 14 _ $3,800 _ $53,200 _ ___ __ __ ____ Child's Reading table (tots) 1 $3,800 _ $3,800 Child's Reading table (-nid) 2 $3,800 $7,600 __ _ __ Child's Reading table (g) _ _ 1 ___ $3,800 $3,800 Group study tables 12 $2,200 $26,400 _ _ Work tables, 4 x 4 2 $900 _ $1,800 _ _ _ Work tables, 3 x 6 4 $1,200 $4,800 _ _ __ ___ Occasional tables _ 30 __ $600 $18,000 Staff dining tables 4 $950 $3,800 Subtotal, Tables $318,200 Special Library Furniture On-line catalog stations (seated) 56 $2,500 ~ $140,000 Index tables for 4 2 $7,000 $14,000 Map case 2 $4,500 __ $9,000 Atlas/dictionary stand 2 $2,500 $5,000 _ Microfilm cabinets 24 $1,800 $43,200 _ ___ ____ Microfilm/fiche readers 4 $2,500 ___ __ $10,000 __ _____ A Frame Display Units 43 ___ $2,500 $107,500 _ ___ __ __ Book trucks (County Purchase) 95 $375 $0 Magazine drawer cabinets 4 _ $1,500 ___ $6,000 Newspaper 9 drawer cabinet 4 $1,500 $6,000 Subtotal, Library Furniture $340,700 C-1 CUPERTINO LIBRARY FURNITURE BUDGET 55,000 SF BUILDING + ATTACHMENT C Furniture Category Code Furniture Item Qty. Net Unit Cost Net Extended Cost Office Furniture (purchased by County) Workstations 26 $4,500 $0 Desks 4 $1,900 $0 PC stations 4 $1,200 $0 LCD station 1 $5,000 $0 File cabinets 12 $600 $0 Conference Table for 1 Z 1 $3,500 $0 Bookcases (shelving urns) 4 $500 $0 Storage cabinets 47 $500 $0 Bulletin boards 4 $200 $0 Subtotal, Library Furniture $0 FURNITURE TOTAL $884,500 10% CONTINGENCY $88,450 SUB TOTAL $972,950 _ 35% NECESSARY SOFT COSTS $340,533 (Freight, Tax, Installation, Delivery, Order Placement, Vendor Profit, etc.) GRAND TOTAL $1,313,483 Note: This budget is for furiture only, it excludes equipment, i.e.; computers, copiers, office equipment, wastebaskets, clocks, etc., C-2 tUPERTINO COMMUNITY HALL Shee11 ATTACHMENT C DRAFT FURNITURE BUDGET Furniture Category Code Furniture Item Qty. Net Unit Cost Net Extended Cost Seating Dais Chairs 11 $1,300 $14,300 Stacking/Ganging Chairs (uph.) 190 $375 $71,250 Conference Chairs 6 $900 $5,400 Subtotal, Seating $90,950 Tables, Work Surfaces Round Folding Banquet Tables 24 $550 $13,200 Conference Table 1 $4,500 $4,500 Subtotal, Tables $17,700 FURNITURE TOTAL $108,650 10% CONTINGENCY $10,865 SUB TOTAL $119,515 35% NECESSARY SOFT COSTS $41,830 (Freight, Tax, Installation, Delivery, Order Placement, Vendor Frofit, etc.) GRAND TOTAL $161,345 Note: This budget is for furniture only, it excludes equipment, i.e.; computers, copiers, office equipment, wastebaskets, clocks, etc., C-3 b\'~`~~ SECOND AMENDMENT TO CONSULTANT AGREEMENT BETWEEN THE CITY OF CUPERTINO AND SIMON MARTIN-VEGUE WINKELSTEIN MORIS, A CALIFORNIA CORPORATION FOR CONTRACT ADMINISTRATION SERVICES FOR THE CUPERTINO LIBRARY, CIVIC CENTER AND CIVIC PLAZA THIS SECOND AMENDMENT TO AGREEME~dT is made and entered into this ~~ day of ~~ 2003 by and between the CITY OF CUPERTINO, a municipal corporation (herein fter "CITY"), and SIMON MARTIN-VEGUE WINKELSTEIN MORIS, a California Corporation (hereinafter "CONSULTANT") RECITf~LS WHEREAS, on June 12, 2001, CITY and CON~~ULTANT entered into an agreement entitled "AGREEMENT FOR ARCHITECTURAL CONSULTANT SERVICES BETWEEN THE CITY OF CUPERTINO AND SIMON MARTIN-VEGUE WINKELSTEIN MORIS, A CALIFORNIA CORPORATION FOR NEW CUPERTINO LIBRAFZY"; and WHEREAS, on March 5, 2002, CITY and CONS>ULTANT entered into an agreement entitled "FIRST AMENDMENT TO CONSULTANT P,GREEMENT BETWEEN THE CITY OF CUPERTINO AND SIMON MARTIN-VEGUE WINKELSTEIN MORIS, A CALIFORNIA CORPORATION FOR ARCHITECTURAL PLANNING AND DESIGN SERVICES FOR THE CUPERTINO LIBRARY, CIVIC CENTER AND CI~~IC PLAZA"; and, WHEREAS, CITY and CONSULTANT desire to emend the AGREEMENT to modify the basic agreement, scope of services, and increase the~total compensation; and WHEREAS, the CITY OF CUPERTINO desires to obtain architectural consultant services for the combined Cupertino Library, Civic Center and Civic Plaza, (hereinafter, PROJECT); and SECOND AMENDP/IENT -page 1 WHEREAS, Simon Martin-Vegue Winkelstein Moris has the necessary professional expertise and skills to perform the architectural services required, NOW, THEREFORE, the purpose of this SECOND AMENDMENT to the AGREEMENT is to retain Simon Martin-Vegue Winkelstein Moris as CONSULTANT TO THE CITY to perform those services specified in REVISED EXHIBIT A of this SECOND AMENDMENT. SECTION 1. SECTION 2. "Term of Agreement" i:; amended as follows: "The term of this AGREEMENT shall be from June 11, 2001, inclusive, and continue through October 31, 2004, inclusive subject to the provisions of Revised Exhibit A, of this AGREEMENT. In the event that the services called for under this AGREEMENT are not completed within the time specified above, the City Manager may extend the time for completion. This section does not preclude the recovery of damages for delay by either party. SECTION 2. SECTION 4, "COMPENSATION" is, amended as follows: "The compensation to be paid to CONSULTANT, including payment for Basic Professional Services, Reimbursable Expenses and Addition,~l Services shall not exceed the amount of Three Million Two Hundred Sixty-two Thousand and 00/100 DOLLARS ($3,262,000). The rate and schedule of payment is set out in REVISED EXHIBIT C, entitled "COMPENSATION", which is attached hereto and incorporated herein." SECTION 3. SECTION 8, "PROJECT COORDIN~~TION" (a) CITY. The City Manager shall be representative of CITY for all purposes under this SECOND AMENDMENT. Ralph A. Qualls, Jr., Director of Public Works, is hereby designated as the CITY's PROJECT DIRECTOR. Terry W. Greene, Senior Architect of Public Works, is hereby designated as the CITY's PROJECT MANAGER SECOND AMEND~~ENT -page 2 for the Department of Public Works, and shall supervise the progress and execution of this SECOND AMENDMENT. (b) CONSULTANT. CONSULTANT shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this SECOND AMENDMENT for CONSULTANT. Doug Hoffelt is hereby designated as the PROJECT DIRECTOR for CONSUL-i~ANT. Should circumstances or conditions subsequent to the execution of this SECOND AMENDMENT require a substitute PROJECT DIRECTOR for any reason, the PROJECTOR DIRECTOR designee shall.. be subject to the prior written acceptance and approval of the CITY, which shall not be unreasonably withheld. SECTION 4. SECTION 22, "NOTICES" All notices and other communications required or ~~ermitted to be given under this SECOND AMENDMENT to the AGREEMENT shall be in wrii:ing and shall be personally served or mailed, postage prepaid and return receipt requested, addressed to the respective parties as follows: To CITY: Terry W. Greene Project Manager City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 To CONSULTANT: Doug Hoffelt Project Director Simon Martin-Vegue Winkelstein Moris 989 Market St., y,~d Floor San Francisco, C:A 94103 Notice shall be deemed effective on the date personally delivered or, if mailed, three (3) days after deposit in the mail. SECTION 5. All of the terms and conditions of the original AGREEMENT not modified by this Second Amendment shall remain in full force and effect. SECOND AMENDMENT -page 3 WITNESS THE EXECUTION HEREOF on the da~,r and year first herein above written. APPROVED AS TO FORM: %%'/J, By: ~ ~ '' j' Char es Killian, City Attorney "CITY" CI1"Y PER I unicipal corporati BY~ Datep3 Dave Knapp, y anager Attest: _ Date ~ ~ '03 Kim ly Sty Clerk 10300 Torre Avenue Cupertino, CA 95014 Telephone: (408) 777-3223 $IMOnJ ru~2fo-J-VEbvE W ~E~brE~N MO~R~t, w ~ is r.~r Cyr a{~:~ ~~y . ~~, ?:~1~ : J~ et R~s,el t,,,~} State of California Coun~ of Santa Clara On _/ / / U3 before me, ~c~y~~S. to ~..~- Notary Public, ersonally appear~~e'_daa ~!~ ~uNv1 ~ ~ r' ~~ au. a l~ j.~ct r-~ ~ Cc'lo 6~tu~-r s "CONSULTANT" SIh10N~VIARTIN-VEGt.~EWINKELSTEIN MORIS, a Californ~j Corporation \ Narne: (,~,M~y~ ~er.~S TitIE:: V~ct P/~~~a,~,~,,t} 98~ Market Street, 3rd Floor Sari Francisco, California 94103 Telephone: (415) 546 0400 known to me(or proved to me on the basis of satisfactory evic~ence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their Permitted capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument, WIT my nd al. RICNARO L. SILVER Commieean ar 1302269 NouryPubik-Caliromie ~ Signature of Notary Public San Meteo County MY Comm. Expires Apr TI, 2005 - SECOND AMENDMENT -page 4 REVISED EXHIBIT A SCOPE OF SERVICES approved by the CONSULTANT and shall include a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested. 6 If deemed appropriate by the CONSULTANT and upon CITY'S approval, the CONSULTANT shall on the CITY'S behalf, prepare, reproduce and distribute supplemental specific Drawings or SpE~cifications in response to requests for information by the Contractor. 7 CONSULTANT shall interpret matters concerning performance of the Contractor under, and requirements of, the Contr~~ct Documents on written request of either the CITY or Contractor. The CONSULTAPJT'S response to such requests shall be made to CITY in writing within the time limits agreed upon or otherwise with reasonable promptness. Upon CITY'S approval, CONSULTANT shall deliver the response to the Contractor. 8 Interpretations and decisions of the CONSULTANT shall be consistent with the intent of and reasonably inferable from the Contract Documents. However, the CITY shall make the final determination regarding all such matters. 9 CONSULTANT shall visit the site at intervals appropriate to the stage of the Contractor's operations and coordinatE~ visits with the CITY'S Construction Management consultant, or as otherwise agreed by the CITY, and the CONSULTANT in order: A. To become generally familiar with and to keep the CITY informed about the progress and quality of the portion of the Work completed. B. To notify the CITY of observed ~~efects and deficiencies in the Work, and C. To determine in general if the visually observable Work is being performed in a manner indicating that the Work:, when fully completed, will be in accordance with the Contract Documents. Revised Exhibit A - 2 REVISED EXHIBIT A SCOPE OF SERVICES 10 The CONSULTANT shall report to the CITY known deviations from the Contract Documents and from the most recent ~:onstruction schedule submitted by the Contractor. 11 The CONSULTANT shall at all times have access to the Work wherever it is in preparation or progress. 12 The CONSULTANT shall advise the CITY if the CONSULTANT identifies work that does not conform to the Contract Documents. 13 SUBMITTALS: A. The CONSULTANT shall review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data Mock Ups and Samples, for the purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The CONSULTANT'S action shall be taken with such rE~asonable promptness as to cause no delay to the Work or in the activities of the CITY, Contractor or separate contractors, while allowing sufficient time in the CONSULTANT'S professional judgment to permit adequate review. CONSULTAN"1-'S review and action on such submittals shall not relieve or diminish the Contractor's primary responsibility. B. The CONSULTANT shall maintaiin a record of submittals and copies of submittals supplied by~the Contr~~ctor in accordance with the requirements of the Contract Documents. C. If in the event that professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of the Contractor by the Contract Documents, the CONSULTANT shall specify appropriate performance and de:~ign criteria that such services must satisfy. Shop Drawings and other submittals related to the Work designed or certified by the design professional retained by the Contractor shall bear such professional's written approval when submitted to the CONSULTANT. The CONSULTANT shall be entitled to rely upon the ;adequacy, accuracy and completeness of the services, certifications or approv~~ls performed by such design professionals. Revised Exhibit A - 3 REVISED EXHIBIT A SCOPE OF~ SERVICES 14 CHANGE ORDERS: A. The CONSULTANT shall assist the CITY'S construction management consultant in the preparation of Change Or~~ers and Construction Change Directives for the CITY'S approval and execution in accordance with the Contract Documents. If necessary, the CONSULTANT shall prepare, submit to CITY for approval, reproduce and distribute Drawirn~s and Specifications to describe Work to be added, deleted or modified. B. The CONSULTANT shall review properly prepared, timely requests by the CITY or Contractor for changes in the Work, including adjustments to the Contract Sum or Contract Time. A properly prepared request for a change in the Work shall be accompanied by sufficient supporting data and information to permit the CONSULTANT to make a reasonable recommendation to CITY without extensive investigation or preparation of additional drawings or specifications. If the CONSULTANT determines that requested. changes in the Work are not materially different from the requirements of the Contract Documents, the CONSULTANT may recommend to the CITY that the requested change be denied. C. If the CONSULTANT determine~~ that implementation of the requested changes would result in a material changes to the Contract that may cause an adjustment in the Contract Time or Contract Sum, the CONSULTANT shall make a recommendation to the CITY, who may authorize further investigation of such change. Upon such authorization, and based upon information furnished by the Contractor, if any, the CONSULTANT shall estimate any additional costs attributable to a Change in Services of the CONSULTANT. With the CITY'S approval, the CONSULTANT shill incorporate those changes into a Change . Order or other appropriate documentation for the CITY'S execution or negotiation with the Contractor. D. The CONSULTANT shall maintain all records relative to changes in the Work. Upon completion, CONSULTAN~~ shall provide copies of the updated electronic Revised Exhibit A - 4 REVISED EXHIBIT A SCOPE OF' SERVICES documents to the Contractor, wrio will use their record documents to incorporate all modifications into the as-built documents. 15 SCHEDULE OF SERVICES: A. Design and Contract Administr~ition Services beyond the following limits shall be provided by the CONSULTANT as Additional Services: 1. Up to three (3) reviews of e~ich Shop Drawing, Product Data item, sample and similar submittal of the t~ontractor. 2. Up to 65 visits to the site (assuming one per week) by the CONSULTANT over the duration of the Project during construction. CONSULTANT will visit the site to observe portions of the Work to determine whether such portions of the Work are substantially complete in accordance with the requirements of the Contract Documents. CONSULTANT shall visit the site an additional two (2) times to prepare the punch list, and to determine substantial completion. 3. Up to one (1) additional site visit for observation for any portion of the Work to determine final completion, and the provision of punch list items once Contractor, with approval of the CITY, has determined the Project is completed. B. The following Design and Contract Administration Services, requested by CITY, shall be provided by the CONSULTANT as an Additional Service: 1. Review of a Contractor's submittal out of sequence from the submittal schedule agreed to by the CONSULTANT; 2. Responses to the Contractor's requests for information where such information is available to th~~ Contractor from CITY-provided information; 3. Providing consultation concerning replacement of Work resulting from fire or other cause during construction; 4. Evaluation of an extensive number of modifications submitted by the CITY; 5. Evaluation of substitutions proposed by the CITY and making subsequent revisions; Revised Exhibit A - 5 REVISED EXHIBIT A SCOPE OF SERVICES 6. Preparation of design and d~~cumentation for alternate bid or proposal requests as directed by the CITY; or 7. Contract Administration Services provided beyond 60 days after the date of Substantial Completion of the Work. 16 PROJECT COMPLETION: A. The CONSULTANT, in cooperation with the Construction Manager, shall conduct observations to determine the date or dates of Substantial Completion and the date of final completion. shall receive from the Contractor and forward to the CITY for the CITY'S review and records, written warranties, operations and maintenance manuals, as-~~uilt documents, and related documents required by the Contract Documents and assembled by the Contractor, and shall recommend a Final Certificate for Payment based upon a final observation indicating the Work complies wilh the requirements of the Contract Documents. B. The CONSULTANT'S observation for Final Completion shall be conducted with the CITY'S Construction Manager and the CITY'S Designated Representative to check conformance of the Work with the requirements of the Contract Documents package and to veriijr the accuracy and completeness of the list submitted by the Contractor of V'Jork to be completed or corrected. C. When the Work is found to be substantially complete, the CONSULTANT in cooperation with the Construction Manager, shall advise the CITY of the balance of the Contract Sum remaining to be paid the Contractor, including any amounts needed to pay for final completion or correction of the Work. D. The CONSULTANT shall, jointly the with Construction Manager, receive from the Contractor and forward to thE~ CITY: (1) consent of surety or sureties, if any, to reduction in or partial release of retainage or the making of final payment; and (2) affidavits, receipts, releases <~nd waivers of liens or bonds indemnifying the CITY against liens. Revised Exhibit A - 6 REVISED EXHIBIT A SCOPE OF' SERVICES 17 FACILITY OPERATION SERVICES: A. The CONSULTANT and Construction Manager, shall request that the Contractor and their designated subcontractors meet with the CITY or the CITY'S Designated Representative promptly after Substantial Completion to review the facility operation seniices, such as HVAC, electrical and any other building systems. The CONSULTANT and their appropriate sub consultants shall attend the meeting. RECORD DOCUMENTS AND PROJECT CLOSE-OUT: 1 CONSULTANT shall review contra~;tor-supplied operation and maintenance manuals and advise Construction fl~anager of compliance with the Contract Documents. 2 CONSULTANT shall review contractor warranties and advise Construction Manager of compliance with Construction Documents. 3 CONSULTANT shall review final p~iy request from Contractor and recommend payment to Construction Manager. 4 CONSULTANT shall prepare specifications to require that the Contractor prepare record documents throughout the Project construction, and prepare as-built drawings and specifications based ~~n record field construction documents package. Revised E>;hibit A - 7 REVISED EXHIBIT B SCHEDULE OF PERFORMANCE CONSULTANT shall be authorized to begin services, as described ire REVISED EXHIBIT A, Scope of Work, on May 23, 2003 and shall com~-lete all work under REVISED EXHIBIT A, Scope of Work, on or before October 31, 2004. Revised E~:hibit B - 1 REVISED EXHIBIT C COMPE~JSATION This REVISED EXHIBIT C, COMPENSATION, rc~places EXHIBIT C, COMPENSATION, in the AGREEMENT. BASIC PROFESSIONAL SERVICES CITY agrees to compensate CONSULTANT for Basic Professional Services performed in accordance with the terms and conditions of this SECOND AMENDMENT. The scheduled amount of compensation to be paid to CONSULTANT for Basic Professional Services under this SECOND AMENDMENT is Two Million, Eighi: Hundred Thirty-Five Thousand, Six Hundred Seventeen and 00/100 dollars ($2,835,617). ~rhe allowance for compensation to be paid to CONSULTANT for Reimbursable Expenses is One Hundred Thirty-eight Thousand and 00/100 Dollars ($138,000). The allowance for compensation to be paid to CONSULTANT for Additional Services is Two Hundred Fifty-three Thousand, and 00/100 Dollars ($253,000). Any hours worked or expenses incurred, which would result in exceeding the combined maximum amount of compensation set forth herein, shall be at no cost to CITY. Service Phase Total Pro ram Develo ment $142,026 Conce t Develo ment $310,429 Sub Total $452,455 Schematic Desi n $240,517 Desi n Develo ment - $492,830 Construction Documents $960,065 Biddin & Award ~ $39,750 Construction Contract Administration $650,000 Sub Total $2,383,162 Services Total $2,835,617 Revised Exhibit C-1 REVISED EXHIBIT C COMPENSATION Reimbursable Ex ense Allowance $138,000 Additional Services Allowance $253,000 Pro"ect Total $3,226,617 The CITY Public Works Director may approve, in writing, the transfer of budget amounts between any of the phases of Basic Professional Services or between the categories of Basic Professional Services, Reimbursable Expenses and Additional Services, provided that the total SECOND AMENDMENT amount does not exceed Three Million, Two Hundred Twenty-six Thousand, Six Hundred Seventeen and 00/100 Collars ($3, 226,617). ADDITIONAL SERVICES CONSULTANT will be compensated for Additional Services, only by prior written authorization, by Additional Service Directive, by the Director o~f Public Works, or his authorized representative, on a "Time and Materials" or "Lump Sum" basis. For work performed as "Time and Materials", CONSULTANT shall submit invoices with time allocations and back-up information, for CONSULTANTS's design staff and CONSULTAI~IT's Sub-consultants, to the CITY for approval. Where the work is to be performed as a "Lump Sum", CITY agrees to compensate CONSULTANT monthly based upon a percentage of work completed, plus reimbursement for Reimbursable Expenses. Where the work is to be performed on a "Time and Materials" basis, CITY agrees to compensate CONSULTANT monthly based upon the hourly rates in REVISED EXHIBIT D, BILLING RATES. Revised E:thibit C-2 REVISED EXHIBIT C COMPEIVSATION CONSULTANT shall be responsible for directing the work of sub-consultants and for any compensation due to sub-consultants. CITY a"sumes no responsibility whatsoever concerning such compensation. REIMBURSABLE EXPENSES CONSULTANT shall be authorized reimbursement for the below listed expenses directly related to the performance of Basic Professional Services and Additional Services, provided in this SECOND AMENDMENT. • Reproduction of Drawings and Specifications • Private Auto Parking, Tolls, and Tr~ivel at 34 '/2 cents per mile • Commercial Auto Travel • Commercial Air Travel • Meals and Lodging • Presentation materials (excluding models and artist's original renderings, which shall be considered and compensated as an Additional Service) • Project related materials, supplies or equipment CONSULTANT shall be entitled to a 10% marku~~ of direct, authorized, Reimbursable expenses. CONSULTANT shall provide clearly legible, dated backup documentation annotated with purpose and service phase of all Reimbursable expenses. Revised E~:hibit C-3 REVISED EXHIBIT D BILLINC3 RATES (All Rates Indicated Shall be in Effect Until December 31, 2003). 1. Architect: SMWM 989 Market St., 3~d Floor San Francisco, CA 94103 415.546.0400 SMWM RATE SCHEDULE Senior Principal $260.00/hr Principal $210.00 Associate Principal $175.00 Senior Contract Administrator $160.00 Senior Project Manager/Senior Project Architect/ Senior Project Designer/Senior Project Planner/ Senior Industrial Designer $150.00 Director of Graphic Design $140.00 Project Manager/Project Architect/ Project Designer/Project Planner $125.00 Senior Designer/Drafter/Planner $110.00 Intermediate Designer/Drafter/Planner $90.00 Designer/Drafter/Planner $75.00 Technical Administrative $65.00 Administrative $55.00 2. Structural Engineer: Forell Elsesser Engineers 160 Pine Street San Francisco, CA 94111 415.837.0700 FORELL ELSESSER RATE SCHEDULE Senior Principal: $170.00-180.00/hr Principal: $150.00 Associate/Senior Engineer: $125.00-140.00 Engineer: $100.00-120.00 CADD Manager: $100.00 CAD Drafter: - $90.00 3. Mechanical, Electrical Plumbing, Fire Protection Engineer, Telecommunications: Flack + Kurtz, Inc. 343 Sansome St., Suite 450 San Francisco, CA 94111 415.433.5311 Revised Exhibit D-1 REVISED EXHIBIT. D BILLING RATES (All Rates Indicated Shall be in Effect Until December 31, 2003). FLACK + KURTZ RATE SCHEDULE Senior Vice President Vice President Senior Associate Associate Engineer Design Engineer Designer CAD Operator Administration Director of Lighting Design Services CAD Manager 4. Civil Engineer: Sandis Humber Jones 605 Castro Street Mountain View, CA 94041-2011 650.969.6900 $225.00/hr $190.00 $160.00 $140.00 $125.00 $100.00 $90.00 $8b.00 $65.00 $175.00 $125.00 SANDIS HUMBER JONES RA~i'E SCHEDULE Principal Senior Engineer Project Engineer-Level III Project Engineer-Level II Project Engineer-Level I Design Engineer-Level III Design Engineer-Level II Design Engineer-Level I Computer/Engineering Technician-Level III Computer/Engineering Technician-Level II Computer/Engineering Technician-Level I Clerical 5. Landscape Architect: Hargreaves Associates 2020 17~h_ St San Francisco, CA 94103 415.865.1811 HARGREAVES RATE SCHEDULE Hargreaves Jones Anderson Senior Associate /Associate Staff 6. Code Consultant: Rolf Jensen & Associates 2125 Oak Grove Rd., Suite 300 $180.00/hr $125.00 $110.00 $95.00 $85.00 $85.00 $75.00 $60.00 $85.00 $70.00 $50.00 $40.00 $250.00/hr $200.00 $115.00 $60.00-125.00 $45.00-110.00 Revised Exhibit D-2 REVISED EXHIBIT D BILLINC~ RATES (All Rates Indicated Shall be in Effect Until December 31, 2003). Walnut Creek, CA 94598-2539 925.938.3550 ROLF_JENSEN & ASSOCIATES RATE SCHEDULE Principal $175.00/hr Senior Consulting Engineer $165.00 Project Manager $140.00 Associate Engineer $125.00 Assistant Engineer $115.00 Technician $100.00 7. Lighting Designer: Architectural Lighting Design 370 Brannan Street San Francisco, CA 94107 415.495.4085 ARCHITECTURAL LIGHTING DESIGN RATE SCHEDULE Principal $150.00/hr Designer $110.00 Technical Staff $90.00 8. Specifications Writer: John Raeber, F~-IA, FSCI, CCS 75 Seward Street San Francisco, CA 94114 415.864.2260 JOHN RAEBER RATE SCHECULE Principal $200.00/hr 9. Hardware Consultant: Door + Hardware Consultants 388 Market Street San Francisco, CA 94111 415.623.2744 DOOR + HARDWARE CONSIILTANTS RATE SCHEDULE Principal $125.00/hr Technical Level I $85.00 Technical Level II $55.00 Technical Level III $35.00 10. Acoustical Consultant: Charles Salter Associates, Inc. 130 Sutter Street San Francisco, CA 94104 415.397.0422 Revised Exhibit D-3 REVISED EXHIBIT D BILLING RATES (All Rates Indicated Shall be in Effect Until December 31, 2003). CHARLES SALTER ASSOCIATES RATE SCHEDULE President, Sr. Vice-President, Vice President, Director $200.00/hr Principal Consultant $160.00 Senior Consultant Consultant Technical Assistant 11. Cost Estimator: Oppenheim Lewis, Inc. 60 Federal Street, Suite 307 San Francisco, CA 94107 415.575.3744 OPPENHEIM LEWIS RATE SCHEDULE Principals Estimators Project Assistants Staff Support $125.00 $110.00 $75.00 $130.00/hr $100.00 $80.00 $60.00 12. Roofing Consultant: Lance Ftoof Inspection Service 2450 Peralta Blvd., #208 Fremont, CA 94536 415.575.3744 LANCE ROOF INSPECTION SERVICE RATE SCHEDULE Consultant $85.00/hr Revised E;<hibit D-4