12-025 Mineweaser & Associates for Professional Services for McClellan Ranch Repairs & Painting P.O. #
CITY OF
4i.\/1 AGREEMENT BETWEEN CITY OF CUPERTINO AND
/N MINEWEASER & ASSOCIATES
CUPERTINO FOR PROFESSIONAL SERVICES FOR
MCCLELLAN RANCH REPAIRS & PAINTING
THIS AGREEMENT is made and entered into this 29 day of F�(3auiy , 2012 by
and between the City of Cupertino, a municipal corporation, hereinafter referred to as CITY
and Mineweaser & Associates hereinafter referred to as CONSULTANT.
RECITALS
WHEREAS, CITY desires to obtain professional consultant services for the McClellan
Ranch Repairs & Painting (Milk Barn and Water Tank), (hereinafter referred to as
Project); and,
WHEREAS, CITY requires certain professional services in connection with Project
(hereinafter referred to as Services); and,
WHEREAS, CONSULTANT has the necessary professional expertise, qualifications and skill
to perform the Services required and is prepared to provide such Services; and,
NOW, THEREFORE, the purpose of this Agreement is to retain Mineweaser & Associates as
CONSULTANT to CITY to perform those Services specified in Exhibit A of this Agreement,
and the parties hereby agree as follows:
Section 1. Scope of Services
CONSULTANT shall perform those Services specified in Exhibit A, titled "Scope of
Services", which is attached hereto and incorporated herein.
Section 2. Term of Agreement
The term of this Agreement shall commence on February 13, 2012 and continue through
December 31, 2012. In the event that the Services called for under this Agreement are not
completed within the time specified, the CITY may extend the time for completion.
Section 3. Schedule of Performance
The Services of CONSULTANT are to be completed in a timely manner acceptable to the City.
CONSULTANT is not responsible for delays beyond CONSULTANT's reasonable control.
Section 4. Compensation
The compensation to be paid to CONSULTANT for professional Services and reimbursable
expenses shall be based on Time and Material rot to exceed Twenty Thousand Dollars and No
Cents ($ 20,000.00) for Basic Services and Reimbursable Expenses. The rate of payment is set
out in Exhibit B, titled "Rate Schedule for Professional Services", which is attached hereto and
incorporated herein.
Section 5. Method of Payment
CONSULTANT shall furnish to CITY a detailed statement of the work performed for
compensation during the term of this Agreement. CONSULTANT may submit monthly
invoices for interim progress payments during the course of each phase, clearly stating as a
minimum the total Contract amount, amount paid to date, percent complete, and amount due.
Section 6. Independent Contractor
It is understood and agreed that CONSULTANT, in the performance of the Services, shall act
as and be an independent contractor and not an agent or employee of 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: Director of Public Works shall be representative of CITY for all purposes under
this Agreement. Carmen Lyanugh, Public Works Projects Manager, is hereby
designated as the Director of Public Works' designee and Project 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. Should circumstances or conditions subsequent to the
execution of the Agreement require a substitute CONSULTANT Project Manger for
any reason, the CONSULTANT Project Manager designee shall be subject to the prior
written acceptance and approval of the City Project Manager. The designated
CONSULTANT Project Manager shall le Craig Mineweaser.
Section 9. Assignability / Subconsultants/ Employees
The parties agree that the expertise 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 Agreement or any
rights, duties, or obligations arising hereunder shall be void and of no effect.
Mineweaser&Associates Agreement
McClellan Ranch Repairs&Painting 2
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 subconsultants 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 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 fails 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 CITY.
Section 10. Indemnification
A. Claims for Professional Liability. Where the law establishes a standard of care for
CONSULTANT's professional services, and to the extent the CONSULTANT
breaches or fails to meet such established standard of care, or is alleged to have
breached or failed to meet such standard of care, CONSULTANT shall, to the fullest
extent allowed by law, with respect to all services performed in connection with the
Agreement, indemnify, defend, and hold harmless CITY and its officers, officials,
agents, employees and volunteers from and against any and all liability, claims,
actions, causes of action or demands whatsoever against any of them, including any
injury to or death of any person or damage to property or other liability of any
nature, that arise out of, pertain to, or relate to the negligence, recklessness, or
willful misconduct of CONSULTANT or CONSULTANT's employees, officers,
officials, agents or independent contractors. Such costs and expenses shall include
reasonable attorneys' fees of counsel of CITY's choice, expert fees and all other
costs and fees of litigation. CONSULTANT shall not be obligated under this
Agreement to indemnify CITY to the extent that the damage is caused by the sole or
active negligence or willful misconduct of CITY, its agents or employees.
B. Claims for Other Liability. CONSULTANT shall, to the fullest extent allowed by
law, with respect to all services performed in connection with the Agreement,
indemnify, defend, and hold harmless CITY and its officers, officials, agents,
employees and volunteers against any and all liability, claims, actions, causes of
action or demands whatsoever from and against any of them, including any injury to
or death of any person or damage to property or other liability of any nature, that
arise out of, pertain to, or relate to the negligence, recklessness, or willful
misconduct of CONSULTANT or CONSULTANT's employees, officers, officials,
agents or independent contractors. Such costs and expenses shall include reasonable
attorneys' fees of counsel of CITY's choice, expert fees and all other costs and fees
of litigation. CONSULTANT shall not be obligated under this Agreement to
indemnify CITY to the extent that the damage is caused by the sole or active
negligence or willful misconduct of CITY, its agents or employees.
Mineweaser&Associates Agreement
McClellan Ranch Repairs&Painting 3
C. Claims involving intellectual property. In addition to the obligations set forth in (A)
and (B) above, CONSULTANT shall indemnify, defend, and hold CITY, its elected
and appointed officers, employees, and volunteers, harmless from and against any
Claim in which a violation of intellectual property rights, including but not limited
to copyright or patent rights, is alleged that arises out of, pertains to, or relates to
CONULSTANT's negligence, recklessness or willful misconduct under this
Agreement. Such costs and expenses shall include reasonable attorneys' fees of
counsel of CITY's choice, expert fees and all other costs and fees of litigation.
Section 11. Insurance Requirements
CONSULTANT shall furnish to CITY, within 15 days following the execution of this
Agreement, the required certificates and endorsements to provide CITY satisfactory proof that
CONSULTANT has taken out for the entire period required by this Agreement, as further
described below, the following insurance and endorsements, in a form satisfactory to CITY
and with an insurance carrier satisfactory to CITY, authorized to do business in California and
rated by A. M. Best & Company "A" or better, financial category size FSC Class VII or better
or that is otherwise acceptable to CITY, which will protect those described below from claims
described below which arise or are alleged to have arisen out of or result from the acts, errors
or omissions of CONSULTANT for which CONSULTANT may be legally liable, whether
performed by CONSULTANT, or by those employed directly or indirectly by it, or by anyone
for whose acts CONSULTANT may be liable:
A. Workers' Compensation and Employer's Liability Insurance:
Workers' compensation insurance indicating compliance with State's workers'
compensation laws and employer's liability insurance with a minimum of one million
dollars ($1,000,000.00) per accident for injury, death or disease to any employee. The
policy shall contain an endorsement waiving all rights of subrogation against CITY, its
officers, officials, employees or volunteers. In the event CONSULTANT is self-
insured, it shall furnish Certificate of Permission to Self-Insure signed by Department of
Industrial Relations Administration of Self-Insurance, State of California.
B. Professional Liability, General Liability and Automobile Liability Coverage:
1. Automobile Liability Insurance 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 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 ($2,000,000.00) aggregate, combined single
limit. (Claims made policies are not acceptable.) CONSULTANT shall also
provide aggregate limits per project endorsement and primary insurance
endorsement.
Mineweaser&Associates Agreement
McClellan Ranch Repairs&Painting 4
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) per claim, and one million dollars
($1,000,000.00) in the aggregate. This coverage shall be maintained for a period
of 5 years after completion of the Agreement.
C. Additional Insurance Provisions
1. CITY shall have the right to inspect or obtain a copy of the original policies of
insurance.
2. On CONSULTANT's Commercial General Liability policy and Automobile
Liability Policy, CITY of Cupertino and their affiliates, directors, officers, officials,
partners, representatives, employees, consultants, subconsultants and agents, shall
be named as additional insured, but only with respect to liability arising out of work
or operations performed by or on behalf of CONSULTANT including materials,
parts or equipment furnished in connection with such work or operations. General
liability coverage can be provided in the form of an endorsement to
CONSULTANT's insurance (at least as broad as ISO Form CG 20 37 07 04 or CG
20 10 11 85).
3. The general and auto liability policies shall be endorsed to provide primary
insurance coverage for all claims related to the Services provided under this
contract.
4. The certificate of insurance shall state the policy will not be cancelled without thirty
(30) days prior written notice to CITY.
5. All policies, endorsements, certificates, and/or binders shall be subject to approval
by CITY as to form and content. These requirements are subject to amendment or
waiver if so approved in writing by CITY.
6. If CONSULTANT fails to maintain any required insurance, CITY may take out
such insurance, and deduct and retain amount of premium from any sums due
CONSULTANT under this Agreement.
7. Professional liability insurance coverage is required if CONSULTANT is providing
a service regulated by the State of California or if required by CITY.
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
A. CITY or CONSULTANT shall have the right to terminate this Agreement without
cause, by giving not less than thirty (30) clays prior written notice of termination.
Mineweaser&Associates Agreement
McClellan Ranch Repairs&Painting 5
B. If CONSULTANT fails to perform any of its material obligations under this
Agreement, in addition to all other remedies provided by law, CITY may terminate this
Agreement upon thirty (30) days prior written notice if CONSULTANT fails to take
steps to correct such failure within the notice period.
C. The Director of Public Works is authorized 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 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 federal, state, and local laws, rules, regulations, orders, codes, criteria and standards.
CONSULTANT shall procure the permits, certificates, and licenses necessary to allow
CONSULTANT to perform the Services described in Exhibit A. CONSULTANT is required
to pay prevailing wage where applicable.
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 CITY, or as required by law.
Section 17. Ownership of Materials.
Any interest (including copyright interests) of CONSULTANT or its subconsultants, in
studies, reports, memoranda, computational sheets, plans, plans or any other documents
(including electronic media)prepared by CONSULTANT or its subconsultants at any time in
connection with the Services, shall be immediately upon its creation, the property of CITY.
To the extent permitted by Title 17 of the United States Code, work product produced under
this Agreement shall be deemed works for hire and all copyrights in such works shall be the
property of CITY. In the event that it is ever determined that any work and any former works
created by CONSULTANT or its subconsultants under this Agreement are not works for hire
under U.S. law, CONSULTANT hereby assigns to CITY all copyrights to such works when
and as created. With CITY's prior written approval, CONSULTANT may retain and use
copies of such works for reference and as documentation of experience and capabilities.
Mineweaser&Associates Agreement
McClellan Ranch Repairs&Painting 6
Electronic and hard copies of CONSULTANT's work product shall constitute the Project
deliverables. Plans to be in CAD and PDF formats, and other documents to be in Microsoft
Word and PDF formats. CITY holds CONSULTANT harmless for any reuse of or
modification to the documents.
Section 18. No Waiver.
The granting of any payments, and any inspections, reviews, approvals or oral statements by
any CITY representative, or certification by any governmental entity, shall in no way limit
CONSULTANT's obligations under this Agreement. Either party's waiver of any breach, or
the omission or failure of either party, at any time, to enforce any right reserved to it, or to
require strict performance of any provision of this Agreement, shall not be a waiver of any
other right to which any party is entitled, and shall not in any way affect, limit, modify or waive
the party's right thereafter to enforce or compel strict compliance with every provision hereof.
This Agreement may not be modified, nor may compliance with any of its terms be waived,
except by written instrument executed and approved by fully authorized representatives of
CITY and CONSULTANT.
Section 19. CONSULTANT's Books and Records
A. CONSULTANT shall maintain any and all ledgers, books of accounts, invoices,
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 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 the 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, 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 so. Otherwise, unless an alternative is
mutually agreed upon, the records shall be available at CONSULTANT's address
indicted for receipt of notice in this Agreement.
B. 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.
Mineweaser&Associates Agreement
McClellan Ranch Repairs&Painting 7
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 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 expressly agreed that, in the
performance of the Services hereunder, CONSULTANT shall at all times be deemed an
independent 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 CITY
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 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: Carmen Lynaugh
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
408-777-3215
e-mail: carmenl @cupertino.org
To CONSULTANT: Craig Mineweaser
Mineweaser& Associates
17154 Monte Grande Drive
Soulsbyville, CA 95372-9779
408-926-1900
e-mail: craig@min.eweaser.com
Notice shall be deemed effective on the date personally delivered or, if mailed, three (3) days
after deposit in the mail.
Mineweaser&Associates Agreement
McClellan Ranch Repairs&Painting 8
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.
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 party.
Section 26. Electronic Transmission of Information
From time to time, CONSULTANT may be directed to transmit information to CITY, or
CITY's other Consultants, or CITY's Contractor via electronic transmission. CITY, or CITY's
other Consultants, or CITY's Contractor shall not be entitled to and CITY hereby agrees not to
alter or modify any such information without the express consent of CONSULTANT.
Similarly, CITY, or CITY's other Consultants, or CITY's Contractor shall not use any
information for any purpose not expressly covered by this Agreement. CONSULTANT shall
not be responsible for any destruction or corruption of such information during or after
transmission to CITY, or CITY's other Consultants, or CITY's Contractor and shall be entitled
to appropriate additional compensation in the event re-transmission or re-creation is required.
Notwithstanding the foregoing, CITY's Contractor may use electronically transmitted
information to prepare submittals, as-built drawings and record drawings. CONSULTANT
shall not be responsible for any changes made by the Contractor or for the Contractor's work
product.
Section 27. Dispute Resolution
Any dispute related to the Services hereunder shall be resolved by the parties pursuant to
applicable law.
Mineweaser&Associates Agreement
McClellan Ranch Repairs&Painting 9
P.O. # a22S-7T21
WITNESS THE EXECUTION HEREOF on the day and year first herein above written.
APPROVED AS TO FORM:
��fj CITY OF CUPERTINO
/%. 34 -, a municipal corporation
C1 ttorney, Carol Korade
datel z8�Z
4-777tor of Public Works, Timm Borden
Attest:
date-a
/ arl City Clerk, I b e
NOTARY PUBLIC CERTIFICATION
��id
10300 Torre Avenue
State of California Cupertino, CA 95014
County of —v of V n�t� 408-777-3223
On_d /lj / m(,; /y:„I I), before CONSULTANT 6_ 47c-e-9
me,
Ci -)C►S11r Sc 11d1SUt , MINEWEASER& ASSOCIATES
Notary Public, personally appeared
C rci i 11')I rl e j ECiSP r
who provedlo me on the basis of By:
satisfactory evidence to be the person (8)
whose name (a) is/ axe subscribed to the
within instrument and acknowledged to Date: rigg '
14 2011
me that he/ sh�iey executed the same
in his/hef-I-their capacity (ies), and that
by his/her/their signature ($on the Name: C RAt M aE W�►�sEICL
instrument the person or or the entity Title: Prto 1P R I Efo 2-
upon behalf of which the person(s)
acted, executed the instrument. d 5 v
Tax I.D. No.: 77- p q
I certify under PENALTY OF PERJURY 17154 Monte Grande Drive
under the laws of the State of California Soulsbyville, CA 95372-9779
that the foregoing paragraph is true and 408-926-1900
correct.
WITNESS my hand and official seal.
Contract Amount: $ 20,000.00
Ceti li Iv
Signature o tary Public Account No.: 420-9252-9300
'+o CHRISTINE JOHNSON
Nota mission #7 1796772
Mineweaser&Associates Agreement z «�;�, ry PubllC -CpllfOfnla
10 1 Tuolumne County
McClellan Ranch Repairs&Painting MYCOn> 1s
�Y25,2012
Exhibit A
Scope of Services
INTRODUCTION
The following scope of services relates to efforts of preservation, restoration, and repair of
several elements of what is called the Parrish Tank House located at McClellan Ranch in the City
of Cupertino. The historic element of the Tank House is the wooden water tank itself The
tower that now supports the water tank, was designed and built by Public Works in the 1970s.
The water tank was moved to McClellan Ranch from its original homestead location at the
Enoch Parrish home. The Parrish farm house, water tower and tank, and other farm structures
were located at the current site of Memorial Park and were torn down in the 1970s to make way
for the public park. One of the porch elements of the Parrish house was restored and installed at
Memorial Park.
The Tank House tower is fully enclosed and was found in 2009 to have suffered from extensive
dry rot and termite damage. Public Works maintenance crews removed siding materials along
with the damaged tower leg elements. New sections of legs were installed and new sheathing
was applied. The work was stopped when it was discovered that an insufficient amount of
historically correct siding material and trim was available to finish up the work.
Additionally, dry rot and termite damage was found to be present in the adjacent Milk Barn, an
original structure at McClellan Ranch, thought to have been built in the early to mid 1900s for
the purpose of testing the concept of artificial insemination of dairy cattle. The Tank House was
built immediately next to the Milk Barn in such a way as to make it impractical to replace the
siding on either structure without damaging the siding of the other. Furthermore, the flashing
between the Tank House and the roof of the Milk Barn was insufficient to prevent water
intrusion over the years and significant dry rot is suspected in the materials at the end of the Milk
Barn.
During an investigation of the Tank House in the summer of 2011 by Mineweaser& Associates,
it was discovered that the flat deck which supports the wooden water tank, is still suffering from
significant dry rot and other water damage, to such an extent that it may not be safely supporting
the wooden water tank. This situation has been made more difficult by the application of new
`hold down' metal braces for the four corner posts of the upper roof These hold down devices
consist in part of a threaded metal rod that extends through the roofing material and wooden deck
of the tank platform in particular. Pulling these four posts down tight to the platform joists
below has resulted in the deck having a shallow slope that appears to have relaxed to a flat or
dished shape over the years. The dished shape now retains water after each rain, which then runs
into the interior of the plywood deck and joists of the tank platform via the threaded rods. This
water is also causing damage to the bottom of the wooden water tank since it has no way to drain
away.
It is envisioned that the roof structure over the wooden water tank and the tank itself will be
removed and stored on the ground to enable access to the upper deck of the tower. The roof
structure may need to be rebuilt before it can be replaced. The wooden water tank may also
require some repair to ensure a long life.
1 '
City of Cupertino
McClellan Ranch Repairs—February 2012
Mineweaser& Associates
Exhibit A
Scope of Services
The tower now sits on a concrete pad. The ground level space under the tower has been used as
a storage facility and will continue to be used this way when the work is complete. The door and
window to the storage space each need to be historically accurate, but also secure. The window
should be operable if possible.
SCOPE OF SERVICES
Consultant shall provide professional design services in the preparation of Construction
Documents to enable a general contractor to provide bids in conformance with the California
Public Contract Code and the City of Cupertino design and construction standards. The
Construction Documents shall incorporate the necessary drawings, details and specifications to
enable a qualified contractor to preserve, restore, reconstruct, repair, and replace the necessary
elements of the Tank House and the historic wooden water tank within the California State
Historic Preservation Office guidelines. Consultant shall follow the California Building Code of
Regulations, Title 24, Part 2, Building Code and Part 8, Historic Building Code as well as the
Secretary of the Interior's Standards for Rehabilitation of Historic Properties in the design of this
project.
Consultant shall submit the following to the Public Works Department for review and comment:
• Schematic Design Phase Drawings and Outline Specifications (approximately 35%
complete)
• Design Development Phase Drawings and Outline Specifications (approximately 65%
complete)
• Construction Document Phase Drawings and Specifications (approximately 95%
complete)
• Bid Set with City comments incorporated or resolved—Building Permit Issued (100%
complete)
Consultant is advised to proceed with subsequent phases only if there is a clear understanding
that the City's comments will not have a negative impact on the progress and that additional time
required to incorporate City comments will not impact the cost.
Consultant shall provide Specifications using the CSI format beginning with Division 2. The
City will prepare and provide Division 0 and Division 1 for incorporation into the Bid Set.
Consultant shall become familiar with the City's General Conditions and provide suggestions for
changes or additions that might be necessary for this unique type of preservation or restoration
work.
Consultant shall provide a cover sheet for the Bid Set that includes a number of items, including
a signature block for the Director of Public Works and the City Project Manager. The
Consultant shall obtain the "wet seal" of each sub-consultant prior to submission of the Bid Set.
2J
City of Cupertino
McClellan Ranch Repairs—February 2012
Mineweaser& Associates
Exhibit A
Scope of Services
Consultant shall use the City's standard drawing format of 22 inches by 34 inches to enable a
50% reduction to fit on 11 x 17 inch paper. Text and Notes shall be sized on the original to
enable easy reading at 50% reduction.
Consultant shall submit all drawings in all phases in CAD and PDF via a CD. The City will be
responsible for the copying and distribution of hard copies for comments.
Consultant shall be available to answer questions during the bidding phase. The City will collect
and sort the questions for Consultants response. Consultant will not communicate directly with
Bidders during the bidding phase.
Consultant shall provide Construction Phase Services to include site visits at key points and
attend construction team meetings when requested by the City.
Consultant shall provide or suggest historically accurate design solutions for trim, siding, doors,
windows, hardware, roofing materials, and proportions of overall elements.
Consultant shall take into consideration Disabled Access requirements and advise the City of
deficiencies associated with this particular work.
Consultant shall suggest various passive means to provide ventilation of the tower space if that
would assist in preventing further dry rot to the internal structural members and materials.
Currently the tower structure is not designed to support the weight of a tank filled with water. In
this Alternative, the Consultant shall engage the necessary sub- consultant to design a
replacement tank platform to carry the structural load of the existing historical tank without
water. The design of further modifications to the structure of the tower below the tank platform
level is not included in this phase of work. Should the City decide to use the water tank in the
future, for water storage, the tank, the tank platform, the tower structure, and the slab and
foundations, must undergo analysis and design to support both the gravity and lateral loads of a
tank filled with water. Such analysis, design and modifications are excluded from this phase of
the agreement.
Consultant may engage other sub-consultants with City' prior approval.
3 r�
City of Cupertino
McClellan Ranch Repairs—February 2012
Mineweaser& Associates
EXHIBIT B
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NINEWEASER &ASSOCIATES
architecture & preservation
865 The Alameda and 17154 Monte Grande Drive
San Jose, CA 95126-3133 Soulsbyville, CA 95372-9779
408/926-1900 209/928-5900
www.mineweaser.com craiqamineweaser.com
RATE SCHEDULE FOR PROFESSIONAL SERVICES
January 1, 2012 through December 31, 2012
The schedule of charges for services performed on a Time and Reimbursable Expense basis shall be as follows:
I. TIME EXPENSES
Direct personnel expense shall be billed at the following rates for all work including time for meetings, public
meetings,and presentations:
Personnel Hourly Rate
Principal $ 200.00
Licensed Preservation Architect $ 175.00
Senior Technical Personnel/Historian $ 125.00
Sr. Designer/Research and Conservation Staff $ 125.00
Drafter/Technician and CADD operator $ 100.00
Jr. Research/Drafter or Technician $ 85.00
Administrative Staff $ 85.00
Variable hourly rates are dependent on tasks being performed and particular individuals assigned during a
billing period. A maximum of % hour of travel time will be charged for each trip to the job site and to all
meetings particular to this project. This charge will be at the appropriate hourly rate for the staff member
involved.
II. REIMBURSABLE EXPENSES
Reimbursement for expenses incurred in connection with the Work will be based on actual cost+15%for items
such as, but not limited to:
1. Cost of xerograpic duplication of drawings,specifications,reports,and other paper
documents.
2. Cost of models, maps, photographs,reproductions,special renderings, printing and special
supplies related to the Work.
3. Cost of sub-consultants or special project consultants.
4. Costs of special or governmental fees and permits.
5. Costs of specialized equipment, such as scaffolding and the like, if required by the project.
III. OTHER TERMS
Suitable fees for either personnel or equipment in keeping with those listed will be applied for any classification
not covered above. Rates may be subject to an increase after December 31, 2012 due to increases in costs and
overhead during the lifetime of this agreement.
A service charge of 1.5%per month (18%A.P.R.)will be a oplied to outstanding balances remaining unpaid 30
calendar days from the date of invoice.
Federal Tax ID No. 77-0069050
File: \Office\RateSched_Historic_Work2012.doc
Mineweaser&Associates has over thirty five years of preservation and restoration experience