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03-027 Charles M Salter AssociatesCC ,ter `/ anb~ CUPEI~TIN V~ AGREE'~MENT CITY OF CIJPERTINO 10300 Torre Avenue Cupertino, ~~A 95014 (408) 777-3200 BY THIS AGREEMENT, made and entered into on the 18th by and between the CITY OF CUPERTINO (Hereinafter referred to a.s CITY) and Name (1) Charles M. Salter Associates, Inc. _ (2) Address 130 Sutter St. , Ste. 500 City San rrancisco Zip 94104 Phone X415) 397-0442 (Hereinafter referred as CONTRACTOR), in consideration of their mutual covenants, h>~ parties hereto agree as follows: CONTRACTOR shall provide or furnish the following specified services and/or materials: Audio Visuzl Er_gireeringg and Design Services for Cupertino Civic Center EXHIBITS: The following attached exFiibits hereby are made part of this Agreement: Exhibit A (Proposal ) E;;hibit E (Indemnification) TERMS: The services and/or materials furnished under this AgreemE~nt shall commence on November 1, 2002 and shall be completed before June 30, 2003 COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: Amount not to emceed $44, 000 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. ~jc~~iXr31:X b~L]f~3ii~1 ~f~~. See E~:hibit E. Insurance: Should the City 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 without the written consent of the City. No changes or variations of any kind are authorized without the written consent of the City. CONTRACT CO-ORDINATOR and representative for CITY shall be: NAME Terry Greene _ 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: ay Title - N ^ ~ n ~. rte, .~ Soc. Sec. # `~Ci-~~- ~s7 .v ~~' CITY OF CUPERTINO: Ely ,~t-x~ 1~itle Senior Architect EXPENDITURE DISTRIBUTION TM AD ~ A ACCOUNT NUMBER AMOUNT ~ ~ N xce CITY ERK. DA ~ ; ~ j - ~ 3~ ~ _ ~ c-~-n~-•, . o a~ d~ day of November , 20 02 , 0.00 White: City Clerk ~ Green: Finance Yellow: Contractor /J ~Plnk: Receiving Gold: Department Exhiibit E Indemnification CONSULTANT agrees to indemnify, defend and hold the CITY and CITY'S CONSULTANT'S, including their owners, employees, agents, and representatives, harmless from and against any and all claims, suits, demands, losses and expenses, including reasonable attorneys' fees, accruing or resulting ~~--~~- C Sal 1- i ca - u 3 or arising out of the actua~~ negligent performance or non-performance of the CONSULTANT'S obligations under this AGREEMENT or otherwise arising out of the CONSULTANT'S actual or alleged errors or omissions". Civic Center & Library Charles . Salter Assoc. Inc. Exhibit E 1 f 25 September 2002 Terry W. Greene, AIA City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 Phone: 408.777.3354 Fax: 408.777.3333 5~ S. K3 ~ A ~ '~~' S ~ i4 Subject: Proposal for Audio/Viisual Engineering and Design Services: Cupertino Civic Center Dear Terry, Thank you for the opportunity to revise our 13 September proposal. We appreciate the feedback and will strive to meet the City of Cupertino's expected budget. Most of our previously issued fee estimates were generated based on our past experiences with projects and situations of this type, and it seems that perhaps information and work can be accomplished much more efficiently v~~ith this design team. We understand our potential scope of ~~vork to include the architectural coordination of audiovisual systems in the Community Hall Facility, and the connection of media within this facility to an expanded A/V room in the City Hall building. We also understand our scope of work to include the preparation of full bid documents, assistance with bidding, and oversight of construction and installation. Our fees are broken out by phases of v~~ork, which will allow you to evaluate the level of services preferred. Please note that on any typical project, our consulting fees run 10-15% of any installed and completed costs, however we are always capable of saving that much out of any given total project cost. Phases of Work: Programming: Typical to our programmatic scope of ~~vork are the following services: • Meet with you and work to determine the required audio/visual/video system functions and operational characteristics. • Verify the expected level oi' audio/visual quality, and the proposed installation budget. • Issue a preliminary system description in writing to establish an agreed upon design path. • Issue preliminary space and infrastructure requirements for audio/visual systems. • Provide aid in any architectural integration tasks that need timely accomplishment. • Coordination with I'T personnel to make sure all telecommunications capabilities that relate to A/V are provided and planned for. • Provide all heatloads to mechanical engineers for proper facility cooling and ventilation. During this phase, we assume 1 site visit, and one meeting to review various iterations of the program documentation with end users and designers. Electrical: Based on our experience, we will provide the following services for electrical: Design an electrical infrastructure around the agreed upon programmatic design path. Specify conduit, backboxes, floorboxes, and terminal cabinets via drawings that should be given to the project's electrical engineer and/or electrical contractor. (These drawings are VERY necessary, even with Flack and Kurtz.) Continue to provide architectural integration details and information. We assume at least one meeting with the architect and/or electrical engineer. Design development: Based on the established programming document, we will: Develop audio/visuaVvideo functional diagrams. Further develop equipment lists and cost estimates. Assist with integration of audio/visual elements into the architecture and millwork by providing conceptual sketches and equipment literature as required. We assume at least 4 meetings in this phase to review design concepts and progress with Cupertino AN personnel and/or the Architect. Construction Documents: We will deliver athree-part Construction Specification Institute formatted audio/visuaUvideo system specification, and a Specification outlining all projection screens, monitor mounts, and projection mounts. In addition, the following full size drawings for inclusion into the project set/bid documentation. • Audio/visual Floor plan • Audio/visual details, equipment rack, and other elevations • Receptacle plate details • Single line audio/video/control functional diagrams • Remote control touchpanel flo~~vcharts • Conduit Riser Diagrams (for review by bidding contractors) We assume at least 2 meetings in this phase to review design concepts and progress with Cupertino A/V personnel and/or the Architect. Bidding Phase: During the project's bidding process v~~e can assist by providing the following services: • Provide a list of qualified audio/visual contractors. • Respond to contractor RFI • Review submitted bids to help verify that the contract documents have been correctly interpreted. • Issue written memoranda documenting all reviews and RFI's. Note this proposal assumes that we will issue only one set of bid documents, which will be reproduced and distributed by the G.C.. If multiple sets of documentation are required, they will be billed in addition to this proposal on a time and materials basis. Construction Administration: During this phase we will: • Review contractor submittals. • Evaluate proposed substitution,. • Continue to respond to contractor requests for clarification • Upon receipt of the specified a~.~dio/visuaUvideo contractor's preliminary testing and adjustment report, we will visit the site with the audio/visuaUvideo contractor and perform acceptance testing and adjustment as we find appropriate. ~ ; • Issue a memorandum report indicating the system stahis • Provide a contractor punch list. Scope includes 1 site visit a month, or 1 meeting a month. Fee Estimate: Based on our previous experience we anticipate the following maximum fees: Programming: $5,000 Electrical Requirements: $6,000 Design Development: $10,500 Construction Documents: $20,000 Bidding Phase: $2,500 Total: $44,000 Construction Administration: 15 hours monthly (@ principal rate) Note: Construction Administration Phase will commence at the conclusion of the bidding phase, and with written authorization only. We would perform this work in accordance with the attached Terms and Conditions. Document reproduction and expenses are billed in addition to the aforementioned fees. The fee amounts noted for each task or phase represent the anticipated portion of overall design and consulting efforts required. We reserve the right to reallocate these fee amounts among all approved tasks and phases listed. The design-phase meetings can be redistributed at your direction at any time during the project, among approved phases. This proposal does not assume any significant value engineering tasks, and assumes minimal changes in the audio/visual/video system program and budget, subsequent to their establishment at the completion of the schematic design phase. This proposal assumes that design work could commence as soon as an initial meeting with your architect. We recommend returning this signed proposal via fax as soon as possible in order to give us time to gather more information, attain architectural _ backgrounds, get titleblocks for drawings, as well as coordinate with the architect regarding electrical issues.