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01-063 One Workplace Studio- AGREEMENT ~ ('b~j NO ~~ ~ ~~~ / ~~~ ~ CITY OF CUPERTINO ~~,~~' ~, ®' 0300 Torre Avenue CITY OF ~ k ~ upertino, i~A 95014 ~ U P E T I N~ ~i~~ /d`/ `' (408) 77 7-3200 BY THIS AGREEMENT, made and entered into on the ~.-_ t~ day of ~1.~-~ , 20 ~, by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Name (1) na ~.7nrkTlare Studio - (2) Address 1057 Montague Expo City Milpitas Zip CA 95035 Phone X408) 263-1001 (Hereinafter referred as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as follows: CONTRACTOR shall provide or furnish the following specified services and/or materials: Provide office layout design services for three (3) Public Works offices EXHIBITS: The following attachhed exhibits hereby are made part of this Agreement: Consultant Proposal dated 6/ 15/01 TERMS: The services and/or materials furnished under this Agreement shall commence on June 18, 2001 and shall be completed before July 30, 2001 COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: AN AMOUNT NOT TO EXCEED $1,100.00, INCLUDING REIMBURSIBLE EXPENSES California Labor Code, Section 1771 requires the payment of prevailing wages to all workers employed on a Public Works contract in excess of $1,000.00. GENERAL TERMS AND CONDITIONS Hold Harmless: Contractor agrees to save and hold harmless the Ciry, its officers, agents and employees from any and all damage and liability including all costs of defending any claim, caused by or arising out of the performance of this Agreement. City shall not be liabl or acts of Contractor in performing services described herein. due to negligence, errors, and omissions Insurance: Should the Clty require evidence of insurability, Contract~~r shall file with City a Certificate of Insurance before commencing any services under this Agreement. Said Certificate shall be subject to the approval of City's Director of Administrative Services. Non-Discrimination: No discrimination shall be made in the employment of persons under this Agreement because of the race, color, national origin, ancestry, religion or sex of such person. Interest of Contractor: It is understood and agreed that this Agreement is not a contract of employment in the sense that the relationship of master and servant exists between City and undersigned. At all times, Contractor shall be deemed to be an independent contractor and Contractor is not authorized to bind the City to any contracts or other obligations in executing this agreement. Contractor certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of City. Changes: This Agreement shall not be assigned or transferred withcut the written consent of the Ciry. No changes or variations of any kind are authorized without the written consent of the City. CONTRACT CO-ORDINATOR and representative for CITY sl-lall be: NAME Michael A. Fuller _ DEPARTMENT Public Works This Agreement shall become effective upon its execution by ~;,ITY, in witness thereof, the parties have executed this Agreement the day and year first written above. CONTRACTOR: Title ~~~ ~f~ 17~~~~ -r~x t ~ / CITY OF CUPERTINO: E3y rIichael A. Fuller l-itle Deputy ity F~g~ neer EXPENDITURE DISTRIBUTION A T T E D / E P,000UNT NUMBER AMOUNT i of to xcee CITY CL DATE as-o ~,.~ 00 White: City Clerk Green: Finance Yellow: Ccntractor Pink: Receiving Gold: Department June ~ 5, 2001 Workplace Studio Service Proposal City of Cupertino 10300 Torre Avenue Department of Public Works Cupertino, CA One Workplace Job 01630 Page Two FEES The professional fee fot the stated Scope of SeMces is 31,050,00, plus reimbursable expenses. A budget of $a0.D0 should be allowed for reimbursable expenses and included in the totals of all Purchase Orders. ReQuests for additional seMces and/or revisions made after client approval, constitute an increase in the scope of work and shall be billed in addition to the aforementioned fees. An addendum outlining the additional services will be issued to Clty of Cupertino. RQMBURSABLE F..XPENSES In addition to Workplace Studo fees expenditures and out-of-pocket expenses made by One Workplace for the direct benefit of your project will be invoiced at cost,. Such reimbursable expenses may include: 1. Reproduction of drawings, photographs, photostats, or any olher special production processes_ 2. Special mat, messenger, or delivery service, 3. Travel tares, mileage, parking, taxi and tolls. 4, Special consultant fees, if required and authorized by City of Cupertino. ttw01CE5 lnvok~es shall be submitted monthly and shall be equal to the percentage of Workplace Studio Senvke completion. Payment is due and payable In full to One woricpface upon presentation. A service charge of 13~% will be added to late payments over 30 days. In the event that One Workplace Studio owoices are not paid wlthM 30 days of the invoice date, One workplace shall have the right to swpend work on the project pending receipt of any such outstanding amount CONO~TtONS The program and proposed fees outrned for this projErct are based upon our present understanding of the area to be designed, the general objectives of your pn~ject and the scope of responsbflii~v. Client agrees to cooperate in scheduling meetings and making decisior,~s on our submissions without undue delay in order to permit completion of this project in a timely manner, Should the scope of the program be modified or completion of this project be extended, we reserve the right to negotiate an adjustment to our proposed fees and to our scheduled commitments. './ t%00 ~J IfI~iI2I33-~iVStI11I'I ZZt:t C9Z 80t; X~'3 50 ~ ZT RHZ TO/6T/LO June 15.2001 Workplace Studio Service Proposal City of Cupertino 10300 Torre Avenue Oepartrnent of Public Works Cupertino, CA One Workplace Job 016307 Page Three !f any dispute, whether or not involving Ittigation, arises out of or relating to this Agreement, the prevailing parry shall be entitled to recover alt costs and expi~nses, including reasonable attome~s fees, incurred in enforcing any of the terms, conditions or provisions of this Agreement_ Ether parry may terminai+e this agreement at any tinte-by-giving written notice to the other and no charges other Chart those already Incurred shau be payable. ACCEPTANCE ff this proposal ~ accepted a9 set forth slid the tees and conditions are agreed to, please sign and return one copy to our offke as your authorizatbn is begin work. ~rui~~, Lori Elliott Director of orkphace Studio One Woritplaee ~-l~ Date Carol Shepherd City of Cupertino Purohase Order Number S00 Qj I2iV2RI33-1i~'SQNI'I date ~~ ZZCC C9Z SOb Xv3 SO=ZT 11HZ TO/6t/LO June t5, 2007 Workplace Studio Service Proposal City of Cupertino t 0300 Torre Avenue Department of Public Works Cupertino, CA One Workplace Job 016307 SCOPE OF SERVICES t. PROGRAMMING 1.7 Consut[atlon with designated (;icy of ~ Cupertino representative(s) to determine all appllcable design criteria. t.2 Verlflcation of all applicable field Conditions as required to ensure the proper layout of systems and freestanding furniture. 2. DESIGN DEVELOPMENT 2.t Production of an AutoCAD base plan utilizing measurements taken on sRe in Service. It®m #1.2. 2.2 Development of three Ellipse private office typicals.' 2.3 Production of a preliminary furniture space plan developed by One Workplace that will incorporate three Stee[case Ellipse private offices using typicals developed In Service Item # 2.2.' 2.4 Production of a final space plan that shall be sgned by City of Cupertino representatives} before product a~pecifications are prepared. 3 PROJECT DOCUMENTATION 3,1 Production of furniture specifications for the product required to facilitate a complete installation. 3.2 Production of furniture Installation documents reflecting aH product p®rtaining to the layer . 'One minor revision shall b2 allowed, which amount<i to 10°~a of the scope, prior to client approval of the documents, with no increase to the fee, provided the S~;ope of Senrloes is not substantiaily altered C00 ~ I2I~2I2i33-1iVS([[11I"I ZZ~C C9Z SOi% X~'3 b0 ~ ZT 11HZ TO/6T/LO