03-100 Sugimura & Associates - City Hall space planningb3-~ba
AGREEMENT FOft ARCHITECTURAL CONSULTANT SERVICES
BETWEEN THE CITY OF CUPERTINO AND ~'i.~'f~1m~F~ ~/ORK~
SUGIMURA & ~-SSOCIATES A
CALIFORNIA CORPORATION ~~ f" ~' l~i~N
FOR CITY HALL SPACE PLANNING
THIS AGREEMENT is made and entered into this ~ day of
2003 by and between th~~ City of Cupertino, a municipal
corpo ation (hereinafter referred to as CI'TY), and Sugimura & Associates, a
California Corporation, (hereinafter referred to as CONSULTANT).
RECITALS
WHEREAS, the CITY OF CUPEF~TINO desires to obtain space planning
consultant services for the Council Charriber Reconfiguration; and
WHEREAS, Sugimura & Associates has the necessary professional
expertise and skill to perform the space Klanning services required.
NOW, THEREFORE, the purpose of this Agreement is to retain Sugimura
& Associates as CONSULTANT TO THE CITY to perform those services
specified in Exhibit A of this Agreement.
THE PARTIES HEREBY AGREE AS FOLLOWS:
Section 1. Scope of Services.
CONSULTANT shall perform those services specified in detail in Exhibit
A, entitled "Scope of Work", which is attached hereto and incorporated herein.
Section 2. Term of Agreement.
The term of this AGREEMENT shall be from August 11, 2003, and
continue through June 30, 2004, inclusive, subject to the provisions of Exhibit A,
of this AGREEMENT. In the event i:hat the services called for under this
AGREEMENT are not completed within the time specified above, the City
Manager may extend the time for complE:tion. This section does not preclude the
recovery of damages for delay by either ~~arty.
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
BASIC AGREEMENT
attached hereto and incorporated herein. Time is of the essence in this
Agreement.
Section 4. Compensation.
The total compensation to be f~aid to CONSULTANT for professional
services, additional services and reimbursable expense shall not exceed
SEVENTY-FIVE THOUSAND and 00/100 Dollars ($75,000). 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, as specified in Exhibit A, the
CONSULTANT shall furnish to the CITY a detailed statement of the work
performed for compensation during the i:erm of this Agreement. Consultant may
submit monthly invoices for interim progress payments during the course of each
Task.
Section 6. Independent Contractor.
It is understood and agreed that CONSULTANT, in the performance of the
work and services agreed to be performed by CONSULTANT, shall act as and
be an independent contractor and not a~n agent or employee of CITY; and as an
independent contractor, CONSULTANTt shall obtain no rights to retirement
benefits or other benefits which accrue to CITY'S employees, and
CONSULTANT hereby expressly waivE;s 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.
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BASIC AGREEMENT
Section 8. Project Coordination.
(a) CITY: The City Manager shall bE~ representative of CITY for all purposes
under this agreement. Terry Greene, Senior Architect, is hereby
designated as the CITY PROJECT MANAGER for the City Manager, and
shall supervise the progress and execution of this agreement.
(b) CONSULTANT: CONSULTANT- shall assign a single CONSULTANT
PROJECT MANAGER to have overall responsibility for the progress and
execution of this agreement for CONSULTANT. David Rhodes is hereby
designated as the PROJECT ti1ANAGER for CONSULTANT. Should
circumstances or conditions :subsequent to the execution of this
agreement require a substitute CONSULTANT PROJECT MANAGER for
any reason, the CONSULTANT I~ROJECT MANAGER designee shall be
subject to the prior written a~:ceptance and approval of the CITY
PROJECT MANAGER.
Section 9. Assignability /Sub consultants /Employees.
The parties agree that the experti:~e and experience of CONSULTANT are
material considerations for this Agreement. CONSULTANT shall not assign or
transfer any interest in this Agreement or the performance of any obligations
hereunder, without the prior written consent of CITY, and any attempt by
CONSULTANT to so assign this Agreerent or any rights, duties, or obligations
arising hereunder shall be void and of no effect.
CONSULTANT shall be responsit~le for employing or engaging all persons
necessary to perform the services o~f CONSULTANT hereunder. No sub
consultant of CONSULTANT will be rec~~gnized by CITY as such; rather, all sub
consultants 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 fulfillment c-f the provisions of this agreement by all
of its employees and sub consultants, i~f any, and shall keep the work under its
control. If any employee or sub consuN~ant of CONSULTANT fails or refuses to
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BASIC AGIREEMENT
carry out the provisions of this agreement or appears to be incompetent or to act
in a disorderly or improper manner, such employee or sub consultant shall be
discharged immediately from the work under this agreement on demand of the
PROJECT MANAGER.
Section 10. Indemnification.
CONSULTANT shall defend, indemnify, and hold harmless CITY, its officers,
and employees 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 ac~:,eptance of said services and duties by
CITY should not operate as a waiver of such right of indemnification. This
provision of Indemnification shall survive the term of the AGREEMENT.
Section 11. Insurance Requirements.
A. Workers' Compensation
The CONSULTANT shall furnish the CITY within 15 days following the
execution of this agreement, a~ certificate of workers' compensation
insurance indicating compliance ~nrith State's workers' compensation laws
and employer's liability insurancE~ with a minimum of one million dollars
($1,000,000.00) for injury, death ar disease to any employee.
B. Professional Liability, General Liabbility and Automobile Liability Coverage
The CONSULTANT shall, at ii:s own expense, maintain during the
performance of this contract pn~fessional liability, general liability and
automobile liability insurance in the coverage amount as provided below.
1. Automobile Liability Insur~snce shall include coverage for bodily
injury and property damage for owned (if any), 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
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BASIC AGIREEMENT
injury for premises operations, product/completed operations and
contractual liability. The amount of the insurance shall not be less
than one million dollars (~~1,000,000.00) per occurrence and two
million dollars ($2,OOO,OOCi.00) aggregate, combined single limit.
(Claims made policies are not acceptable.)
3. Professional liability Insurance (including Contractual Liability) shall
include coverage for claims for professional acts, errors or
omissions and shall not be less than one million dollars
($1,000,000.00) and one million dollars ($1,000,000.00) 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 furni~;h to the CITY within 15 days following
the execution of this Agrreement, the required certificates and
endorsements. The certificate of insurance shall state the policy
will not be cancelled without thirty (30) days written notice to the
CITY.
3. All policies, endorsement:, certificates, 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.
Section 12. Nondiscrimination.
CONSULTANT shall not discriminate, in any way, against any person on
the basis of race, sex, color, age, religion, sexual orientation, disability, ethnicity,
or national origin in connection with or related to the performance of this
Agreement.
Section 13. Termination.
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BASIC AGREEMENT
A. City shall have the right to terminate this Agreement without cause, by
giving not less than seven (7) day:~ written notice of termination.
B. If CONSULTANT fails to perform any of its material obligations under this
Agreement, in addition to all othE:r remedies provided by law, CITY may
terminate this Agreement upon sE~ven (7) days written notice if consultant
fails to take steps to correct such 1~ailure within the notice period.
C. CITY'S City Manager is empowerE:d 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 by CONSULTANT
under this Agreement, and upon receipt thereof, CITY shall pay
CONSULTANT for services pE:rformed 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 <~ny person except as authorized by the
CITY, or as required by law.
Section 17. Ownership of Materials.
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BASIC AGREEMENT
All reports, documents, or other material developed or discovered by
CONSULTANT or any other person engaged directly or indirectly by
CONSULTANT to perform the services required hereunder shall be and remain
the property 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. The CITY holds CONSULTANT harmless for any reuse of or
modification to the documents.
Section 18. Waiver.
CONSULTANT agrees that waivE;r 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 c-ther term or condition. The acceptance
by CITY of the 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 and all ledgers, books of accounts,
invoices, vouchers, canceled checks, and other records 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 longer period required by law, from the date of final payment to
CONSULTANT pursuant to this A~~reement.
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 the date of
termination or completion of this P~greement.
C. Any records or documents required to be maintained pursuant to this
Agreement shall be made available for inspection or audit, at any time
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BASIC AGI~EEMENT
during regular business hours, upon written request by the City Attorney,
City 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 s~~. Otherwise, unless an alternative is
mutually agreed upon, the records shall be available at CONSULTANT'S
address indicted for receipt of noti~;,e 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 documents 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 presently has no interest, and shall not
acquire any interest, direct or indirect, financial or otherwise, which would
conflict in any manner or degreE; with the performance of the services
hereunder. CONSULTANT furthE~r covenants that, in the performance of
this agreement, no sub consultant 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 expressly agreed that, in the performance of the services
hereunder, CONSULTANT shall .at all times be deemed an independent
CONSULTANT and not an agent ~x employee of CITY.
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BASIC AGREEMENT
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 prohibited gift shall constitute a material breach
of this Agreement by CONSULTf~NT. 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 communic~itions required or permitted to be given
under this Agreement shall be in writing ~~nd shall be personally served or mailed,
postage prepaid and return receipt rE~quested, addressed to the respective
parties as follows:
To CITY: Terry Vv. Greene
Senior Architect
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
To CONSULTANT: Gene ICI. Sugimura
Principal
Sugim~.~ra & Associates
2155 Etascom Ave., Suite 200
Campk~ell, Ca. 95008
Notice shall be deemed effective on thE~ data personally delivered or, if mailed,
three (3) days after deposit in the mail.
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BASIC AGREEMENT
Section 23. Venue.
In the event that suit shall be Drought 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
S#ates District Court for the Northern District of California, San Jose, California.
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 sub
consultants 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 vvith such an action from the other party.
Section 26. Electronic Transmission of Information.
From time to time, the CONSULTANT may transmit design or other
information to the CITY, City's Representative, or Contractor via electronic
transmission. The CITY, City's RepresE~ntative, or CONTRACTOR shalt not be
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 Contractor shall not use any information for any purpose not
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BASIC AGREEMENT
expressly covered by this Agreemenl:. 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 iin the event retransmission or recreation
is required.
Notwithstanding the foregoing, the Contractor may use electronically
transmitted information to prepare sut~mittals, 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 bey responsible for job site safety issues.
Such issues shall be the responsibility o~F the Construction Contractors who shall
defend, indemnify, and hold harmless CONSULTANT and CITY for such issues.
Section 28. Dispute Resolution.
Any dispute related to the services hereunder shall be resolved by the parties
pursuant to applicable law.
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WITNESS THE EXECUTION a mu cipal corporation
HEREOF on the day and year first b~ ~~~ ~'~z~ ~L~~~~~date ~ `-~ `_1>
herein above written.
1ty Manager, Dave Knapp
r
APPROVED AS TO FORM: ~ ~!' _^, j
r Attest: v~ to 9 ~03
City Attorney ~ _ City Clerk, Kimber Smith
NOTARY PUBLIC CERTIFICATION
10300 Torre Avenue
Cupertino, CA 95014
408 777 3223
CONSULTANT
Sugimura 8~ Associates, a
State of California
County of SA nir ~ C L A -Z ~
On _d~_/_m o~_/_y.~c~3before me,
_~A YY~'1uec n i~f~'TC HF= i:~ Z ,
Notary Public, personally appeared
G ~N ~ r~'1 . Su,~ ~ rr1 ~ 2 R
known to me
to be the person (~
whose name (~ is / ate subscribed to the
within instrument and acknowledged to me
that he / sire /fey executed the same in his
/-ref /-heir capacity (iesj, and that by his /
heF,F~k+eif signatures) on the instrument the
person-{sj or the entity upon behalf of which
the person (s) acted, executed the
instrument.
WyTNESS my han~nd ff ial eal.
Signature of Notary Public
Californ' C rpor n
By:
Date: GF'- L 9- O 3
Name: ~f,~~ /yj..s`ja/'/»u/~i
Title: ~'/', ~/~~nC'i/Ja1~
Address: c~/SS s. Q2SY'.d»~~f~. '~~
Lroh~6E~/, ~ . yso~
Phone:~B?~I "O~Db
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Q!~^~=0~ ~~D • $lDl - 70/~ ~ / 3, DOD
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CITY OF CUPERTINO RAY1v10ND BATCHELOR
Cornmission # 1255170
Z -w Notary Publ'~c -California
z ~ ~ ~ Sa eta Clara County
My Ccx-.m. Expires 1v1ar27,Z004
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EXHIBIT A
SCOPE OF ;iERVICES
See attached letter for Scope of Services
Exhik~it A-1
Sugimura & Associates
Architects
Architecture • Planning • Interiors
Landscape Architecture
2155 So. Bascom Ave., Ste, X00
Campbell, CA 95008
406.879.0600 F: a0B.3i7.6066
e-mail: saa~supimura.com
www.sugimura.com
PrinCi~al;
Gene M. Sugimura. AIA
Reed C. Crnndy, ASIC
Maurice X, Nasmeh. AiA
4ssociares
Wlirella Sion, Assoc. AiA
David R. Rhodes, AIA
Dan Panerson, RA
23 7uly 2003
#2201100
Mr. Terry Greene
Senior Architect
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-32`5
Re: Fee Proposal for Planning Services -
Space Utilization'Studies for Cupertino City Hall
(Revised 23 ,I<uly ?003)
Dear Terry,
It was great to meet with you last week and talk about the changinb
priorities there at City Halal. This revised proposal includes
services for the programming, including meetings, and the
preparation of documents, based on the initial meeting and walk-
through with you on site on Fri 11 October 2002, and drawings
provided by you, including; overall floor plans, structural,
mechanical and electrical irawings.
I. SCOPE OF PROJECT:
Per the floor plans you gave us, we understand that the
approximate gross areas fcrr the existing floors are as follows:
Main Level - 11,520 sf +!~-; Terrace Level - 9,960 sf +/-
(exeluding mechanical spa.ce); with space above the existing
Council Chambers potentially usable as a Second Level - 3,450 sf
+/-. The scope of work will include study of the above areas.
We understand this work will be broken down into the following
three headings for separate: consideration:
TASK 1: Space Utilizati~~n Study: Global Evaluation of
Existing Floor Space and. Evaluation of Existing City Council
Chamber Space after Evacuation
This task will include both (A.) the overall study and (B.) the
priority study of the Council Chambers space:
TWENTY YEARS
~F DESIGN SOLUTIONS
A. The purpose of this effort is to get an overall understanding of
the space assets and space requirements before allocating space
for program needs. The intent is to Learn what is available and
what is needed, in order to try to find a match. This will allow
for better-informed decisions regarding future space use.
B. The purpose of this effort is to address the immediate need to
redirfine the use of the hear of the main floor upon vacating of
the existing City Coun~:il Chambers. The information
gathering part of this study will work in conjunction with the
Global Evaluation outlined in A. above.
This effort wil! eansist of the fallowing:
1. Field investigation and mapping visits (2) to City Hall
2. Meetings {1) with !you and your staff for inputldiscussion
and review
3. Preparation of a space inventory l utilization analysis
4. Preparation of a conceptual space use proms am
5. Preparation of a conceptual cost evaluation
6. Conclusions and .recommendations
7. Consultation and c~~ordination with the Office of the City
Architect.
TASK 2: Develop Three Alternative Space Plan Studies for
Reuse of Vacated City Council Chamber Space
The purpose of this effort is to build upon the above study and
propose space planning solutions. This work will involve taking
the information collected from the study above and exploring
potential layouts to provide; viable space plans for this area.
1. Mini-charette sessi~~n (1) with City Architect and
Department Heads
?. Prepare three space plan layouts (overlays on existing floor
plan), if this many ;are viable and realistic.
3. Check exiting and e~ccupancy requirements.
4. Preparation of a coe7ceptual cost evaluation with City
Architect and Nova.
5. Meeting (1) with City Architect and City department heads
for review of proposed layouts and costs.
6. Consultation and coordination with the Office of the City
Architect.
TASK 3: Brief Feasibility Study for Utilization of Attic Space:
(Possible Adaptation to 2°d Floor Offices)
The purpose of this effort is to determine the structural engineering
and code compliance viability of using this previously unused attic
space above the existing council chambers. Sugimura and the
Structural Engineer will e~•aluate any "deal breaker" problems
which would preclude this potential renovation. This project will
involve the following:
1. Afield investigation visit to City Hall with Structural
Engineer /meeting with City Architect
2. Identify potential structural challenges and possible
solutions
3. Identify potential e;ress, accessibility and vertical
circulation chailen~;es and possible solutions
4. Conclusions and recommendations
5. Consultation and c~~ordination with the Office of the City
Architect.
II. PROPOSED FEE FOUR SERVICES:
Based on our discussions with you, w•e recommend three planning
study reports, which can either be done in sequence or
concurrently. We will provide some programming / scoping, field
investigation, and drafting services necessary to prepare the
documentation for data analysis and presentation. Along those
lines here are the proposed fees for each project broken out
separately:
TASK 1: Space Utilization Study: Global Evaluation of
Existing Floor Space and Evaluation of Existing City Council
Chamber Space after Evacuation
Proposed Timeliee:
Based on the above stated :cope for the Space Utilization Study,
we anticipate an 8 week planning process.
Proposed Programming /Planning Fee for Study #1:
In consideration of the scope of services as ou[lined above, we
propose to provide the Programming /Planning services as
follows:
1. Programming and F~lanning services: $28,500
2. Reimbursable Allo,a+ance: $500
Total fixed fee for TASK 1: $29,000
TASK 2: Develop Three Alternative Space Plan Studies for
Reuse of Vacated City Cc-uncil Chamber Space
Proposed Timeline for T~-iSK 2:
Based on the above stated .scope for the Space Plan Studies, we
anticipate an 8 week planning process.
Proposed Programming /Planning Fee for TASK 2:
In consideration of the sco,~e of services as outlined above, we
propose to provide the Programming / Planninb services as
follows:
1. Planning services: $9,000
2. Reimbursable Allo~a.~ance: $500
Total fixed fee for TASK 2: $9,500
TASK 3: Brief Feasibility Study for Utilization of Attic Space:
(Possible Adaptation to 2°d Floor Offices)
Proposed Timeline for T~~SK 3:
Based on the above staled .scope far the Brief Feasibility Study, we
anticipate an 8 week planning process.
Proposed. Progran~nning /Planning Fee:
In consideration of the scope of services as outlined above, we
propose to provide the Pro;;ramming /Planning services as
follows:
1. Programming and F~lanning services: $2,500
2. Structural engineers ng services: $3,500
3. Reimbursable Al1o~Nance: $500
Total fixed fee for TASK 3: $6,500
IIi. CLARi~ICATION OF SCOPE OF SERVICES:
A. Planning Studies Only
The above work is intended to address the client's current need to
make informed choices reE;arding future space utilization. If
desired, design and construction documentation services may be
considered separately at a i'uture date.
B. Services Not Included.:
1. No design or consvvction documents are included.
2. No specifications or product recommendations are
included.
3. No mechanical, electrical or cost estimating consultant
services are includrd.
If you find the terms outlined above acceptable, please sign where
indicated, and return a sii;ned copy for our files. )f you have any
questions or if you wish to discuss any aspect of this proposal in
greater detail, please do not hesitate to contact me, or Gene.
ht':
i 7 -Z3-o3
Gene gi r AIA Date
Senior Prin a!
Sugimura & Associates Architects
Accepted by:
Terry Greene
Senior Architect
City of Cupertino
Date
Tent', we look forward to working with you on these important
City Hall projects.
Sincerely,
~~~~
David Rhodes, AIA
I:1MarketingU'roposals1230100~u+ord~ll)0-Fee Propossl Cupcrtino.23u03.doe
TOTAL P. 06
EXHIBIT B
SCHEDULE OF PERFORMANCE
CONSULTANT shall complete all work under the scope of work by January 31,
2004. The following sets forth the completion dates for the tasks listed below:
A. Basic Services:
Task #1: Space Utilizati~~n Analysis
Task #2: 3 Council Chairber Alternatives
Task #3: Mezzanine Concept Feasibility Study
EXHIE~IT 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 FORTY-THREE THOUSAND FIVE HUNDRED
and 00/100 Dollars ($43,500) and reimbursat~le expenses allowance of ONE
THOUSAND FIVE HUNDRED and 00/100 Dollars ($1,500), and Additional Services
shall not exceed SEVENTY-FIVE THOUSAI~lD and 00/100 Dollars ($75,000). Any
hours worked for which payment 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 A, Scope of
Services, and Reimbursable Expenses, for the total sum shown below. The following
sets forth the CITY's desired distribution of CONSULTANT'S budget amount for each
described service.
Task 1: Space Utilization Analysis
Task 2: 3 Council Chamber Alternatives
$28,500
$9,000
Task 3: Mezzanine Concept Feasibility Stud~~ $6,000
Total $43,500
The Project Manager 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 Expen:~es and Additional Services, provided that
the total amount does not exceed SEVENTY-FIVE THOUSAND and 00/100 Dollars
($75,000).
CONSULTANT shall not exceed any specifie~~ budget amount for any phase or category
without prior authorization from the CITY. The 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 SUB CONSULTANT
work on this Project. Reimbursable Expenses for SUB CONSULTANT Work on this
Exhibit C-1
Project shall be billed to CITY as Basic Services and shall not be subject to any markup
for Reimbursable Expenses.
ADDITIONAL SERVICES
Additional Services are for scope of work items that are unforeseen under this
Agreement.
CONSULTANT will be compensated for f~dditional Services, only by prior written
authorization, by Additional Service Directive, by the Project Manager, 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 CONSULTANT and 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 professional services completed.
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 EXHIBIT D,
SCHEDULE OF CHARGES.
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 Ba:;ic Professional Services and Additional
Services.
• Reproduction of Drawings and ~~pecifications
• Travel, Parking, Meals and Lodging (by written authorization)
Exhibit ~:,-2
• Presentation materials
• Other unique and project related materials, supplies or equipment (by
advance written authorization)
• Models and Renderings
CONSULTANT shall be entitled to a 10% markup of direct Reimbursable expenses.
Exhibit ~:,-3
EXHIE3IT D
SCHEDULE OAF CHARGES
Effective through December 2003
Position
Sr. Principal
Principal
Landscape Principal
Project Manager
Landscape Architect
Designer /Architect
Job Captain
Drafter
Project Coordinators
Administrative Assistants
Rate per hour
$200
$175
$155
$135
$120
$100
$80
$70
$65
$50
Exhibit D-1
Exhil~it E
IndemnilFication
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
or arising out of the actual or alleged 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".
City Hall Space Planning Study
Sugimura & Associates
Exhibit E 1