13-017 Siegel & Strain Architects, consultant services, McClellan Ranch Milk Barn Restroom Upgrades �/ OFFICE OF THE CITY CLERK
• CITY HALL
10300 TORRE AVENUE •CUPERTINO, CA 95014-3255
�y
1.1pj, TELEPHONE: (408) 777-3223• FAX: (408) 777-3366
WEBSITE:www.cupartino.org
CUPERTINO
•
May 16, 2013
Siegel & Strain Architects
1295 59th Street
Emeryville, CA 94608
Enclosed for your records is a fully executed original copy of the second amendment to
your agreement with the City of Cupertino. If you have any questions, please contact the
Public Works Department at (408) 777-3354.
Sincerely,
Dorothy Steenfott
Senior Office Assistant
City Clerk's Office
Enclosure
cc: Public Works
SECOND AMENDMENT TO CONSULTANT SERVICES AGREEMENT
BETWEEN THE CITY OF CUPERTINO AND SIEGEL & STRAIN ARCHITECTS
FOR MCCLELLAN RANCH MILK BARN RESTROOM UPGRADES
This 2nd Amendment to the Consultant Services Agreement between the City of
Cupertino and Siegel & Strain Architects, for reference dated April 29, 2013 , is by and
between the CITY OF CUPERTINO, a municipal corporation (hereinafter "City") and
Siegel & Strain Architects, a California corporation whose address is 1295 59th Street,
Emeryville, CA 94608, (hereinafter "Consultant"), and is made with reference to the
following:
RECITALS:
A. On February 13, 2013, an agreement was entered into by and between City
and Siegel & Strain Architects (hereinafter "Agreement").
B. On March 4, 2013, the first amendment to the agreement was executed by
and between City and Siegel & Strain Architects (hereinafter "1st Amendment").
C. City and Siegel & Strain desire to modify the Agreement on the terms and
conditions set forth herein.
NOW, THEREFORE, it is mutually agreed by and between and undersigned
parties as follows:
1. Paragraph 2, Service to be Performed of the Agreement is modified to read as
follows:
Consultant shall perform each and every service set forth in Exhibit"A-2".titled "Scope
of Services" which is attached hereto and incorporated herein by this reference. Exhibit"A" and
Exhibit"A-1" are superseded by this new Exhibit"A-2".
2. Paragraph 3, Schedule of Performance of the Agreement is modified to read as
follows:
The Services of Consultant are to be completed according to the schedule set out in
Exhibit "B-2", titled "Schedule of Performance ", which is attached hereto and incorporated
herein by this reference. Exhibit "B" and Exhibit "B-1" are superseded by this new Exhibit "B-
2".
Page 1 of 3
Amendment No.2
Siegel&Strain Agreement-McClellan Ranch Milk Barn Restroom Upgrades
3. Paragraph 4, Compensation to Consultant of the Agreement is modified to
read as follows:
The maximum compensation to be paid to Consultant under this agreement shall not
exceed TWENTY NINE THOUSAND NINE HUNDRED AND EIGHTY FOUR DOLLARS ($
29,984). The rate of payment is set out in Exhibit "C-2", titled "Compensation", which is
attached hereto and incorporated herein. Exhibit "C" and Exhibit "C-1" are superseded by this
new Exhibit"C-2".
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.
4. Except as expressly modified herein, all other terms and covenants set forth in
the Agreement shall remain the same and shall be in full force and effect.
Page 2 of 3
Amendment No.2
Siegel&Strain Agreement-McClellan Ranch Milk Barn Restroom Upgrades
P.O. No.: 00057973
IN WITNESS WHEREOF, the parties hereto have caused this modification of
Agreement to be executed.
CONSULTANT CITY OF CUPERTINO
A Municipal Corporation
Siegel&Strain Architects
By �-
Timrn Borden, Director of Public Works
Title 1-11°a-L-4- 4--
Z
Date
Date 57 z/ / 7
Tax I.D. No.: 94-3303965
1295 59th Street APPROVED AS TO FORM:
Emeryville, CA 94608
Phone:510-547-8092
%/k/:L A ki Pill
fi Carol Korade, City Att"ney
ATTEST:
7-41ULA,9171_, (LF
l
Grace Schmidt, City Clerk
Contract Amount: $29,984
Account No. : 110-8101-7014
Page 3 of 3
Amendment No.2
Siegel&Strain Agreement-McClellan Ranch Milk Barn Res,troom Upgrades
EXHIBIT A-2
SCOPE OF SERVICES
CONSULTANT shall perform professional services as detailed in the following sections related
to the evaluation and accessibility upgrades to the McClellan Ranch Milk Barn Restrooms and
the site and for the Environmental Education Center(EEC)PV System located at the 22221
McClellan Road, Cupertino.
SECTION 1. GENERAL
A. General PROJECT Description:The PROJECT involves the creation of as built and
construction drawings for accessibility compliance upgrades to the Milk Barn
Restrooms, add a path connecting to the trail and upgrade the parking area to meet
accessibility codes. The work shall also include construction documents for a PV System
for the new Environmental Education Center. The work shall include but is not limited
to the evaluation and construction documents for a new floor plan and elevations that
upgrade the restrooms to be in compliance with current accessibility standards and
provide a cost estimate for the upgrades. The work will also include the evaluation and
construction document for upgrade to the accessible parking stalls and access routes to
the trail to be in compliance with accessibility codes. All the work shall take into
consideration that the building will be evaluated for historical value and work must be
completed in compliance with applicable building and historic preservation codes that
apply. Also a building permit will be required for the work.
It is the intent of the City to include this work into the bid package with the
Environmental Education Center and to bid and construct the work as one project. S&S
to incorporate this work into the appropriate documents.
B. General Performance Requirements:
1. The performance of all services by CONSULTANT shall be to the satisfaction of
the CITY, in accordance with the express 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 in this AGREEMENT.
2. The CITY's Department of Public Works shall manage the design and
construction of the PROJECT and this AGREEMENT. CONSULTANT shall
receive final direction from the CITY's Director of Public Works or his/her
authorized designee (hereinafter collectively "CITY") only. The CITY shall
resolve any conflicting direction from other groups, departments or agencies.
3. CONSULTANT shall coordinate this scope of services with the CITY as well as
with other CITY consultants and contractors, as needed or as directed by the
CITY. CONSULTANT shall schedule meeting and prepare meeting agendas and
Page 1 of 12
Siegel&Strain Architects Agreement
McClellan Ranch Milk Barn Restroom Upgrades
Exhibits for Amendment No.2
minutes for all PROJECT meetings during the design phase under the scope of
work. All minutes of meetings are due to the CITY within five (5)working days
after the meeting. CONSULTANT shall provide copies of such documentation to
the CITY, and as directed by the CITY, to other appropriate agencies and entities.
CONSULTANT shall coordinate all responses to comments through the CITY.
4. CONSULTANT shall designate and provide to the CITY the names of their team
members for the PROJECT. The team members shall be satisfactory to the CITY.
The team members shall include Henry Siegel as CONSULTANT's Principal-in-
charge for the duration of the PROJECT. CONSULTANT shall not substitute any
team members without the prior approval of the CITY.
5. CONSULTANT's services shall be performed as expeditiously as is consistent
with professional skill and care and the orderly process of the work. The
schedule for the performance included in EXHIBIT B-2, may be adjusted by
mutual agreement.
6. CONSULTANT shall manage its SUBCONSULTANTS, and administer the
PROJECT. CONSULTANT shall consult with the CITY, research applicable
design criteria, and communicate with members of the PROJECT team.
7. When the CITY determines that the PROJECT requirements have been
sufficiently identified, CONSULTANT shall prepare and update a PROJECT
schedule for the CITY at the beginning of each TASK as defined in SECTION 2-
"TASK" of this EXHIBIT A-2. The PROJECT schedule shall identify milestone
dates for decisions required of the CITY, design services furnished by
CONSULTANT and CONSULTANT's SUBCONSULTANTS, dates of reviews
and approvals required by all governmental agencies that have jurisdiction over
the PROJECT, deliverables to be furnished by CONSULTANT, completion of
documentation provided by CONSULTANT, commencement of construction
and substantial completion of the construction of the PROJECT, and as identified
in the exhibits under this AGREEMENT.
8. CONSULTANT shall create as built and new floor plans, site accessibility design
and PV System design for the EEC and a cost estimate of the work and provide
them to the CITY, according with this EXHIBIT A-2 for purposes of evaluation
and approval by the CITY. The CITY including the Department of Public Works
Engineering and City Facilities and Department of Parks and Recreation will
review the design. CONSULTANT will be responsible for causing the
appropriate SUBCONSULTANT(S I to attend any meetings included in this
SCOPE OF SERVICES. CONSULTANT shall make revisions as required for each
task in a timely manner.
9. When the CITY determines that the PROJECT requirements have been
sufficiently identified, CONSULTANT shall prepare and update a PROJECT
schedule for the CITY at the beginning of each TASK as defined in SECTION 2-
"SCOPE of SERVICES" of this EXHIBIT A-2. The PROJECT schedule shall
identify milestone dates for decisions required of the CITY, design services
Page 2 of 12
Siegel&Strain Architects Agreement
McClellan Ranch Milk Barn Restroom Upgrades
Exhibits for Amendment No.2
furnished by CONSULTANT and CONSULTANT's SUBCONSULTANTS, dates
of reviews and approvals required by all governmental agencies that have
jurisdiction over the PROJECT, deliverables to be furnished by CONSULTANT,
completion of documentation provided by CONSULTANT, commencement of
construction and substantial completion of the construction of the PROJECT, and
as identified in the exhibits under this AGREEMENT.
10. CONSULTANT shall submit design and construction documents to the CITY,
according to SECTION 2—"SCOPE OF SERVICES", of this EXHIBIT A-2 for
purposes of evaluation and approval by the CITY. The CITY including the
Department of Public Works Engineering and City Facilities and Department of
Parks and Recreation will review the design during each phase. CONSULTANT
will meet with the CITY for progress review at various stages of the PROJECT.
CONSULTANT will be responsible for causing the appropriate
SUBCONSULTANT(S) to attend any meetings included in this SCOPE OF
SERVICES. CONSULTANT shall make revisions to the design and construction
documents as required for each task in a timely manner.
11. CONSULTANT shall assist the CITY, as requested by the CITY, in connection
with the CITY's responsibility for filing documents required for the approval of
governmental authorities having jurisdiction over the PROJECT, including
submitting to the CITY's Building Department for a building permit.
C. Estimate of Probable Construction Cost: CONSULTANT shall be responsible to
prepare a probable construction cost estimate for the new floor plan and site upgrades
and the EEC PV System.
1. In preparing the Estimate of Probable Construction Cost, CONSULTANT, in
consultation with the CITY, shall include contingencies for design,bidding, and
price escalations to determine which materials, equipment, component systems
and type of construction are to be included in the PROJECT.
2. If bidding has not commenced within 90 days after CONSULTANT submits the
Construction Documents to the CITY, CONSULTANT shall adjust the Estimate
of Probable Construction Cost to reflect changes in the general level of prices in
the construction industry. This will be an additional service.
3. Should the lowest responsive bid exceed the CONSTRUCTION BUDGET by
more than ten percent(10%), CONSULTANT shall, if directed by the CITY,
submit without additional cost to the CITY, revised Construction Documents
reflecting changes, approved by the CITY, to reduce the Construction Costs to
within the CONSTRUCTION BUDGET. The CITY acknowledges that the
CONSULTANT does not control market conditions and agrees that they may
allow reductions in scope in order to meet the CITY's construction budget.
Page 3 of 12
Siegel&Strain Architects Agreement
McClellan Ranch Milk Barn Restroom Upgrades
Exhibits for Amendment No.2
SECTION 2. TASKS
Task 1.Create as built drawings of the restrooms
S&S will measure the existing bathrooms and create floor plans and interior elevations showing
current location of all fixtures and accessories.
Task 2. Revised drawings
S&S will evaluate existing conditions for compliance with accessibility standards and then
create new floor plans and interior elevations that will show revisions required to make the
existing restrooms compliant.
Task 3. Cost Estimates
S&S and consultants will provide one cost estimate for the cost of the rehabilitation.
Task 4. Meetings
S&S has included one meeting with staff during the completion of this project. This meeting will
occur during a regularly scheduled meeting for the Environmental Education Center. We
anticipate that comments on the draft drawings can be handled via correspondence or web
meetings.
Task 5. Topographic Field Survey Verification of Accessibility
Mark Thomas & Company survey crew will verify the topographic data for the existing
accessible parking area and sidewalk access to the >treet.
Task 6. Consultant Coordination and Data evaluation
S&S will coordinate the consultant's work and digital representation files. Accessibility
verification will be evaluated to determine compliance with current standards.
Task 7. Construction Documents for Restroom Accessibility Upgrades and Additional
Path and Parking Area Modifications
S&S will prepare construction documents for updating of the interior of the Milk Barn
restrooms, path to the trail and upgrade to the parking area to comply with current
accessibility codes. The work shall include cost estimate of upgrades and getting a
Building Department permit for the work with the EEC.
Task 8. Environmental Education Center PV System Design
S&S will meet on the site to review design parameters. Design team will prepare
preliminary layout o panes and associated equipment.
Page 4 of 12
Siegel&Strain Architects Agreement
McClellan Ranch Milk Barn Restroom Upgrades
Exhibits for Amendment No.2
Task 9. Environmental Education Center PV System Construction Documents
Upon staff approval of Design Phase, the design team will proceed with construction
documents. Design team will prepare and submit for staff review 95% and 100% level
construction documents. A cost estimate of construction costs will be prepare.
ADDITIONAL SERVICES
Consultant Services beyond the work in these tasks may be provided by CONSULTANT as
Additional Services only if such Additional Services are authorized in writing by the CITY
in advance. An Additional services amount of THREE THOUSAND DOLLARS ($3,000.00)
is made a part of this agreement. Additional services may be paid for as a negotiated
maximum not to exceed amount or by a time and materials cost accounting with a
maximum not to exceed.
Page 5 of 12
Siegel&Strain Architects Agreement
McClellan Ranch Milk Barn Restroom Upgrades
Exhibits for Amendment No.2
EXHIBIT B-2
SCHEDULE OF PERFORMANCE
CONSULTANT shall complete all work by December 31, 2014.
The following sets forth the distribution of CONSULTANT's Schedule of Performance for each
project. The CITY may approve in writing the extension of any milestone date set in this
Exhibit.
Task#1: Create As Built Drawings: 1 weeks after
Notice to
Proceed (NTP)
_ for this phase
Task#2 Revised Drawings: 1 weeks after
Notice to
Proceed (NTP)
for this phase
Task#3: Cost Estimates: 2 weeks after
Notice to
Proceed (NTP)
for this phase
Task#4: Meetings: 2 week after
Notice to
Proceed (NTP)
for this phase
Task#5: Topographic Field Survey Verification of Accessibility: 1 week after
Notice to
Proceed (NTP)
for this phase
Task#6: Consultant Coordination and Data Evaluation: 2 week after
Notice to
Proceed (NTP)
for this phase
Task#7: Construction Documents for Restroom Accessibility 2 week after
Upgrades and Additional Path and Parking Area Notice to
Modifications: Proceed (NTP)
for this phase
Task#8: Environmental Education Center PV System 2 week after
Design: Notice to
Proceed (NTP)
for this phase
Page 6 of 12
Siegel&Strain Architects Agreement
McClellan Ranch Milk Barn Restroom Upgrades
Exhibits for Amendment No.2
Task#9: Environmental Education Center PV System 2 week after
Construction Documents: Notice to
Proceed (NTP)
for this phase
Page 7 of 12
Siegel&Strain Architects Agreement
McClellan Ranch Milk Barn Restroom Upgrades
Exhibits for Amendment No.2
EXHIBIT C-2
COMPENSATION
A. Maximum Compensation.
The 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, additional services and reimbursable expenses, shall not exceed
TWENTY NINE THOUSAND NINE HUNDRED AND EIGHTY FOUR SIX DOLLARS ($
29,984). CONSULTANT agrees that it shall perfo rm all of the services set forth in EXHIBIT A-2
of this AGREEMENT, except for additional services required pursuant to Section 2, and
inclusive of reimbursable expenses, for the amount of TWENTY NINE THOUSAND NINE
HUNDRED EIGHTY FOUR DOLLARS ($26,984).. The maximum amount of Additional
Services are authorized under Section G of this EXHIBIT C-2 is THREE THOUSAND DOLLARS
($3,000).
B. Method of Payment
For Task Nos. 1 through 9 CONSULTANT shall, during the term of this AGREEMENT, invoice
the CITY monthly based upon a percentage of completion of each milestone set forth below in
the Payment Schedule (Schedule D below) for services performed, and reimbursable expenses
incurred if applicable, in completing that milestone under this AGREEMENT. (Hereinafter
"Invoice.") Provided CONSULTANT has completed the services and incurred the reimbursable
expenses covered by the Invoice in accordance with the provisions of this AGREEMENT, as
determined by the CITY, the CITY shall pay CONSULTANT the amount shown on the Invoice
within thirty (30) working days of receipt of the Invoice.
The Invoice shall be based on the percentage of milestone completed, and it shall describe the
topics and tasks completed during the Invoice period in accordance with the Budget Schedule
and Payment Schedule set forth below. The Invoice shall list work completed and reimbursable
expenses if applicable, in accordance with the Bud get Schedule and Payment Schedule set forth
below. CONSULTANT also shall include supporl:ing documents for any reimbursable
expenses. The Invoice shall also show the total to be paid for the Invoice period.
Page 8cf12
Siegel&Strain Architects Agreement
McClellan Ranch Milk Barn Restroom Upgrades
Exhibits for Amendment No.2
C. Budget Schedule
The Budget Schedule for this AGREEMENT shall be as follows:
Task
Task Description Compensation
Task#1: Create as Build Drawings $ 1,000
Task#2: Revised Drawings $2,500
Task#3: Cost Estimates $500
Task#4: Meetings $500
Task#5: Topographic Field Survey Verification of Accessibility $3,220
Task#6: Consultant Coordination and Data Evaluation $536
Task#7 Construction Documents for Restroom Accessibility Upgrades $ 10,798
and Additional Path and Parking Area Modifications:
Task#8 Environmental Education Center PV System Design: $3,000
Task#9 Environmental Education Center PV System Construction $4,930
Documents:
Additional Services $3,000
TOTAL $29,984
CONSULTANT shall not exceed any of the specified budget amounts for any Task without prior
written authorization from the CITY. The CITY may approve in writing the transfer of budget
amounts between any of the Tasks listed above provided the total AGREEMENT amount does
not exceed TWENTY NINE THOUSAND NINE HUNDRED EIGHTY FOUR DOLLARS ($
29,984).
Page 9 of 12
Siegel&Strain Architects Agreement
McClellan Ranch Milk Barn Restroom Upgrades
Exhibits for Amendment No.2
D. Payment Schedule
The Payment Schedule for this AGREEMENT shall be as follows:
TASK MILESTONE PERCENT OF TASK
COMPENSATION PAIL
UPON COMPLETION
OF MILESTONE
Task#1 — Create As Built Drawings 100%
100%
Task#2 Revised Drawing 100%
Task#3 Cost Estimates 100%
100%
Task#4 Meetings 100%
Task#5 Topographic Field Survey Verification of Accessibility 100%
Task#6 Consultant Coordination and Data Evaluation 100%
Task#7 Construction Doc. for Restroom Accessibility Upgrades and 100%
Additional Path and Parking Area Modification
Task#8 Environmental Education Center PV System Design 100%
Task#9 Environmental Education Center PV System Construction 100%
Documents
Additional Paid pursuant to Subsection G below.
Services
Page 10 of 12
Siegel&Strain Architects Agreement
McClellan Ranch Milk Barn Restroom Upgrades
Exhibits for Amendment No.2
E. Subconsultant Services.
CONSULTANT is directly responsible for any payment for SUBCONSULTANT work on this
PROJECT. SUBCONSULTANT work on this PROJECT is included in the Budget Schedule
shown above and shall be billed to the CITY by CONSULTANT as part of the Basic Services.
F. Reimbursable expenses.
Reimbursable expenses are included in CONSULTANT's maximum compensation, including,
but not limited to, any expenses related to CONSULTANT's internal plan checks, CAD test
prints, 8 1/2" x 11" copies or fax copies. Plotting and Printing for public distribution will be the
responsibility of the CITY. There are no separate reimbursable expenses for Basic Services
performed under Tasks 1-9 of EXHIBIT A-2.
G. Additional Services.
CONSULTANT shall not perform Additional Services without prior written authorization of
the CITY. Additional Services shall be separately negotiated to be paid on a maximum not to
exceed or a time and material basis not to exceed at the rates set forth herein, as authorized by
the CITY. The CITY has set aside the sum of THREE THOUSAND DOLLARS ($3,000) for the
payment of Additional Services. The CITY shall not authorize and CONSULTANT shall not
perform any Additional Services that result in charges in excess of the above amount.
CONSULTANT shall submit an Invoice to the CITY for payment on a monthly basis for
authorized Additional Services rendered during the previous month. In the event Additional
Services are authorized, CONSULTANT shall submit Invoices in accordance with the
CONSULTANT hourly rate schedule attached to this EXHIBIT C-2. The rates shown in the
EXHIBIT C-3 shall stay in effect during the full term of the contract. The CITY shall pay
Additional Services Invoices as provided in this EXHIBIT C-2.
Page 11 of 12
Siegel&Strain Architects Agreement
McClellan Ranch Milk Barn Restroom Upgrades
Exhibits for Amendment No.2
EXHIBIT C-3
CONSULTANT HOURLY RATES FOR ADDITONAL SERVICES
Siegel&Strain Architects
Principal $185
Architectural Historian $165
Project Manager $145
Project Architect $125
Support Staff $70
Page 12 of 12
Siegel&Strain Architects Agreement
McClellan Ranch Milk Barn Restroom Upgrades
Exhibits for Amendment No.2
McClellan Ranch Milk Barn Restroom Upgrades
ADDITIONAL ENCUMBERANCE NO. 2
April 29,2013
Contractor:
Siegel & Strain Architects
1295 59th Street
Emeryville, CA 94608
The following change is hereby approved and request for additional encumbrance:
2A. Additional Services outlined in Amendment No. 2 $20,228.00
Total Additional Encumbrance No. 2 $20,228.00
Total Project Encumbrance:
Original Contract $6,000.00
Additional Encumbrance No. 1 $3,756.00
Additional Encumbrance No. 2 $20,228.00
Revised Contract $29,984.00
ORIGINAL P.O. NUMBER: 00057973
ACCOUNT NUMBER: 110-8101-7014
APPROVED BY:
imm Borden, P.E.
Director of Public Works
Date .S17/3
�/ OFFICE OF THE CITY CLERK
• CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
194. TELEPHONE: (408) 777-3223• FAX: (408) 777-3366
WEBSITE:www.cupeltino.org
CUPERTINO
May 16, 2013
Siegel & Strain Architects
1295 59th Street
Emeryville, CA 94608
Enclosed for your records is a fully executed original copy of the second amendment to
your agreement with the City of Cupertino. Ef you have any questions, please contact the
Public Works Department at (408) 777-3354.
Sincerely,
O. d
,z2xtetv---
Dorothy Steenfott
Senior Office Assistant
City Clerk's Office
Enclosure
cc: Public Works
�/ OFFICE OF THE CITY CLERK
• CITY HALL
10300 TORRE AVENUE•CUPERTINO, CA 95014-3255
9J. TELEPHONE: (408)777-3223• FAX: (408)777-3366
WEBSITE:www.cupertino.org
CUPERTINO
March 27, 2013
Siegel & Strain Architects
1295 59th Street
Emeryville, CA 94608
An original copy of your agreement with the City of Cupertino is enclosed. If you have any
questions or need additional information, please contact the Public Works department at (408)
777-3354.
Sincerely,
,
Brittany Carey
Senior Office Assistant
City of Cupertino
Enclosure
cc: Public Works
FIRST AMENDMENT TO CONSULTANT SERVICES AGREEMENT
( ___ WEEN THE CITY OF CUPERTINO AND SIEGEL & STRAIN ARCHITECTS
OR MCCLELLAN RANCH MILK BARN RESTTOOM UPGRADES
This 1st Amendment to the Consultant Services Agreement between the City of
Cupertino and Siegel & Strain Architects, for reference dated March 4, 2013 , is by and
between the CITY OF CUPERTINO, a municipal corporation (hereinafter "City") and
Siegel & Strain Architects, a California corporation whose address is 1295 59th Street,
Emeryville, CA 94608, (hereinafter "Consultant"), and is made with reference to the
following:
REC[TALS:
A. On February 13, 2013, an agreement was entered into by and between City
and Siegel & Strain Architects (hereinafter "Agreement").
B. City and Siegel & Strain desire to modify the Agreement on the terms and
conditions set forth herein.
NOW, THEREFORE, it is mutually agreed by and between and undersigned
parties as follows:
1. Paragraph 2, Service to be Performed of the Agreement is modified to read as
follows:
Consultant shall perform each and every service set forth in Exhibit"A-1". titled "Scope
of Services" which is attached hereto and incorporated herein by this reference. Exhibit"A" is
superseded by this new Exhibit "A-1".
2. Paragraph 3, Schedule of Performance of the Agreement is modified to read as
follows:
The Services of Consultant are to be completed according to the schedule set out in
Exhibit "B-1", titled "Schedule of Performance ", which is attached hereto and incorporated
herein by this reference. Exhibit"B" is superseded by this new Exhibit"B-1".
3. Paragraph 4, Compensation to Consultant of the Agreement is modified to
read as follows:
The maximum compensation to be paid to Consultant under this agreement shall not
exceed NINE THOUSAND SEVEN HUNDRED AND FIFTY SIX DOLLARS ($ 9,756). The rate
of payment is set out in Exhibit "C-1", titled "Compensation", which is attached hereto and
incorporated herein. Exhibit"C" is superseded by this new Exhibit"C-1".
Page 1 of 3
Amendment No.1 Siegel&Strain Agreement-McClellan Ranch Milk Barn Restroom Upgrades
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.
4. Except as expressly modified herein, all other terms and covenants set forth in
the Agreement shall remain the same and shall be in full force and effect.
Page 2 of 3
Amendment No.1 Siegel&Strain Agreement-McClellan Ranch Milk Barn Restroom Upgrades
P.O. No.: 00057973
2
IN WITNESS WHEREOF, the parties hereto have caused this modification of
Agreement to be executed.
CONSULTANT CITY OF CUPERTINO
A Municipal Corporation
Siegel&Strain Architects
By i/`.■ ALA tun Borden, Director of Public Works
Ti ( ! ..
Date 37t //�
Date -/6 A
Tax I.D. No.:94-3303965
1295 59th Street AI'PROVED AS TO FORM:
Emeryville, CA 94608
Phone:510-547-8092 (//
PJY Carol Korade, City Attor ey
•
ATTEST:
_ Lg ;
Grace Schmidt, City Clerk
Contract Amount: $9,756 Pi
Account No. : 110-8101-7014
Page 3 of 3
Amendment No.1 Siegel&Strain Agreement-McClellan Ranch Milk Barn Restroom Upgrades
EXHIBIT A-1
SCOPE OF SERVICES
CONSULTANT shall perform professional services as detailed in the following sections related
to the evaluation and accessibility upgrades to the McClellan Ranch Milk Barn Restrooms
located at the 22221 McClellan Road, Cupertino.
SECTION 1. GENERAL
A. General PROJECT Description: The PROJECT involves the creation of as built
drawings and accessibility compliance upgrades to the Milk Barn Restrooms. The work
shall include but is not limited to the evaluation of existing conditions and creation of a
new floor plan and elevations that upgrade the restrooms to be in compliance with
current accessibility standards and provide a cost estimate for the upgrades. The work
will also include the evaluation of the accessible parking stalls and access routes. All the
work shall take in to consideration that the building will be evaluated for historical
value and work must be completed in compliance with applicable building and historic
preservation codes that apply.
B. General Performance Requirements:
1. The performance of all services by CONSULTANT shall be to the satisfaction of
the CITY, in accordance with the express 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 in this AGREEMENT.
2. The CITY's Department of Public Works shall manage the design and
construction of the PROJECT and this AGREEMENT. CONSULTANT shall
receive final direction from the CITY's Director of Public Works or his/her
authorized designee (hereinafter collectively "CITY") only. The CITY shall
resolve any conflicting direction from other groups, departments or agencies.
3. CONSULTANT shall coordinate this scope of services with the CITY as well as
with other CITY consultants and contractors, as needed or as directed by the
CITY. CONSULTANT shall schedule meeting and prepare meeting agendas and
minutes for all PROJECT meetings during the design phase under the scope of
work. All minutes of meetings are due to the CITY within five (5)working days
after the meeting. CONSULTANT shall provide copies of such documentation to
the CITY, and as directed by the CITY, to other appropriate agencies and entities.
CONSULTANT shall coordinate all responses to comments through the CITY.
4. CONSULTANT shall designate and provide to the CITY the names of their team
members for the PROJECT. The team members shall be satisfactory to the CITY.
The team members shall include Burton Edwards as CONSULTANT's Principal-
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in-charge for the duration of the PROJECT. CONSULTANT shall not substitute
any team members without the prior approval of the CITY.
5. CONSULTANT's services shall be performed as expeditiously as is consistent
with professional skill and care and the orderly process of the work. The
schedule for the performance included in EXHIBIT B-1, may be adjusted by
mutual agreement.
6. CONSULTANT shall manage its SUBCONSULTANTS, and administer the
PROJECT. CONSULTANT shall consult with the CITY, research applicable
design criteria, and communicate with members of the PROJECT team.
7. When the CITY determines that the PROJECT requirements have been
sufficiently identified, CONSULTANT shall prepare and update a PROJECT
schedule for the CITY at the beg inning of each TASK as defined in SECTION 2-
"TASK" of this EXHIBIT A-1. The PROJECT schedule shall identify milestone
dates for decisions required of the CITY, design services furnished by
CONSULTANT and CONSULTANT's SUBCONSULTANTS, dates of reviews
and approvals required by all governmental agencies that have jurisdiction over
the PROJECT, deliverables to be furnished by CONSULTANT, completion of
documentation provided by CONSULTANT, commencement of construction
and substantial completion of the construction of the PROJECT, and as identified
in the exhibits under this AGREEMENT.
S. CONSULTANT shall create as built and new floor plans and a cost estimate of
the upgrade and provide them to the CITY, according with this EXHIBIT A-1 for
purposes of evaluation and approval by the CITY. The CITY including the
Department of Public Works Engineering and City Facilities and Department of
Parks and Recreation will review the design. CONSULTANT will be responsible
for causing the appropriate SUBCONSULTANT(S) to attend any meetings
included in this SCOPE OF SERVICES. CONSULTANT shall make revisions as
required for each task in a timely manner.
C. Estimate of Probable Construction Cost:CONSULTANT shall be responsible to
prepare a probable construction cost estimate for the new floor plan and upgrades.
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SECTION 2. TASKS
Task 1.Create as built drawings of the restrooms
S&S will measure the existing bathrooms and create floor plans and interior elevations showing
current location of all fixtures and accessories.
Task 2. Revised drawings
S&S will evaluate existing conditions for compliance with accessibility standards and then
create new floor plans and interior elevations that will show revisions required to make the
existing restrooms compliant.
Task 3. Cost Estimates
S&S and consultants will provide one cost estimate for the cost of the rehabilitation.
Task 4. Meetings
S&S has included one meeting with staff during the completion of this project. This meeting will
occur during a regularly scheduled meeting for the Environmental Education Center. We
anticipate that comments on the draft drawings can be handled via correspondence or web
meetings.
Task 5. Topographic Field Survey Verification of Accessibility
Mark Thomas & Company survey crew will verify the topographic data for the existing
accessible parking area and sidewalk access to the street.
Task 6. Consultant Coordination and Data evaluation
Siegel & Strain Architects will coordinate the consultant's work and digital
representation files. Accessibility verification will be evaluated to determine compliance
with current standards.
ADDITIONAL SERVICES
Consultant Services beyond the work in these tasks may be provided by CONSULTANT as
Additional Services only if such Additional Services are authorized in writing by the CITY
in advance. An Additional services amount of ONE THOUSAND FIVE HUNDRED
DOLLARS ($ 1,500.00) is made a part of this agreement. Additional services may be paid
for as a negotiated maximum not to exceed amount or by a time and materials cost
accounting with a maximum not to exceed.
•
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EXHIBIT B-1
SCHEDULE OF PERFORMANCE
CONSULTANT shall complete all work by May 31, 2013.
The following sets forth the distribution of CONSULTANT's Schedule of Performance for each
project. The CITY may approve in writing the extension of any milestone date set in this
Exhibit.
Task#1: Create As Built Drawings: 1 weeks after
Notice to
Proceed (NTP)
for this phase
Task#2 Revised Drawings: 1 weeks after
Notice to
Proceed (NTP)
for this phase
Task#3: Cost Estimates: 2 weeks after
Notice to
Proceed (NTP)
for this phase
Task#4: Meetings: 2 week after
Notice to
Proceed (NTP)
for this phase
Task#5: Topographic Field Survey Verification of Accessibility: 1 week after
Notice to
Proceed (NTP)
for this phase
Task#6: Consultant Coordination and Data Evaluation: 2 week after
Notice to
Proceed (NTP)
for this phase
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EXHIBIT C-1
COMPENSATION
A. Maximum Compensation.
The 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, additional services and reimbursable expenses, shall not exceed NINE
THOUSAND SEVEN HUNDRED AND FIFTY SIX DOLLARS ($9,756). CONSULTANT agrees
that it shall perform all of the services set forth in EXHIBIT A-1 of this AGREEMENT, except for
additional services required pursuant to Section 2, and inclusive of reimbursable expenses, for
the amount of EIGHT THOUSAND TWO HUNDRED FIFTY SIX DOLLARS($8,256). The
maximum amount of Additional Services are authorized under Section G of this EXHIBIT C-1 is
ONE THOUSAND FIVE HUNDRED DOLLARS ($ 1,500).
B. Method of Payment
For Task Nos. 1 through 6 CONSULTANT shall, during the term of this AGREEMENT, invoice
the CITY monthly based upon a percentage of completion of each milestone set forth below in
the Payment Schedule (Schedule D below) for services performed, and reimbursable expenses
incurred if applicable, in completing that milestone under this AGREEMENT. (Hereinafter
"Invoice.") Provided CONSULTANT has completed the services and incurred the reimbursable
expenses covered by the Invoice in accordance with the provisions of this AGREEMENT, as
determined by the CITY, the CITY shall pay CONSULTANT the amount shown on the Invoice
within thirty (30) working days of receipt of the Invoice.
The Invoice shall be based on the percentage of milestone completed, and it shall describe the
topics and tasks completed during the Invoice period in accordance with the Budget Schedule
and Payment Schedule set forth below. The Invoice shall list work completed and reimbursable
expenses if applicable, in accordance with the Budget Schedule and Payment Schedule set forth
below. CONSULTANT also shall include supporting documents for any reimbursable
expenses. The Invoice shall also show the total to be paid for the Invoice period.
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C. Budget Schedule
The Budget Schedule for this AGREEMENT shall be as follows:
Task
Task Description Compensation
Task#1: Create as Build Drawings $ 1,000
Task#2: Revised Drawings $2,500
Task#3: Cost Estimates $500
Task#4: Meetings $500
Task#5: Topographic Field Survey Verification of Accessibility $3,220
Task#6: Consultant Coordination and Data Evaluation $536
Additional Services $1,500
TOTAL $9,756
CONSULTANT shall not exceed any of the specified budget amounts for any Task without prior
written authorization from the CITY. The CITY may approve in writing the transfer of budget
amounts between any of the Tasks listed above provided the total AGREEMENT amount does
not exceed NINE THOUSAND SEVEN HUNDRED FIFTY SIX DOLLARS ($9,756).
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D. Payment Schedule
The Payment Schedule for this AGREEMENT shall be as follows:
TASK MILESTONE PERCENT OF TASK
COMPENSATION PAIL
UPON COMPLETION
OF MILESTONE
Task#1 — Create As Built Drawings 100%
100%
Task#2— Revised Drawings
100%
Task#3— Cost Estimates
100%
Task#4— Meetings
100%
Task#5— Topographic Field Survey Verification of Accessibility
100%
Task#4— Consultant Coordination and Data Evaluation
100%
Additional Services Paid pursuant to
Subsection G below.
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E. Subconsultant Services.
CONSULTANT is directly responsible for any payment for SUBCONSULTANT work on this
PROJECT. SUBCONSULTANT work on this PROJECT is included in the Budget Schedule
shown above and shall be billed to the CITY by CONSULTANT as part of the Basic Services.
F. Reimbursable expenses.
Reimbursable expenses are included in CONSULTANT's maximum compensation, including,
but not limited to, any expenses related to CONSULTANT's internal plan checks, CAD test
prints, 8 1/2" x 11" copies or fax copies. Plotting and Printing for public distribution will be the
responsibility of the CITY. There are no separate reimbursable expenses for Basic Services
performed under Tasks 1-4 of EXHIBIT A-1.
G. Additional Services.
CONSULTANT shall not perform Additional Services without prior written authorization of
the CITY. Additional Services shall be separately negotiated to be paid on a maximum not to
exceed or a time and material basis not to exceed at the rates set forth herein, as authorized by
the CITY. The CITY has set aside the sum of O:\TE THOUSAND FIVE HUNDRED DOLLARS ($
1,500) for the payment of Additional Services. The CITY shall not authorize and CONSULTANT
shall not perform any Additional Services that result in charges in excess of the above amount.
CONSULTANT shall submit an Invoice to the CITY for payment on a monthly basis for
authorized Additional Services rendered during the previous month. In the event Additional
Services are authorized, CONSULTANT shall submit Invoices in accordance with the
CONSULTANT hourly rate schedule attached to this EXHIBIT C-1. The rates shown in the
EXHIBIT C-2 shall stay in effect during the full term of the contract. The CITY shall pay
Additional Services Invoices as provided in this EXHIBIT C-1.
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EXHIBIT C-2
CONSULTANT HOURLY RATES FOR ADDITONAL SERVICES
Siegel&Strain Architects
Principal $185
Architectural Historian $165
Project Manager $145
Project Architect $125
Support Staff $70
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McClellan Ranch Milk Barn Restroom Upgrades
9c3 ADDITIONAL ENCUMBERANCE NO. 1
/i March 4,2013
Contractor:
Siegel & Strain Architects
1295 59th Street
Emeryville, CA 94608
The following change is hereby approved and request for additional encumbrance:
1A. Additional Services outlined in Amendment No. 1 $3,756.00
Total Additional Encumbrance No. 1 $3,756.00
Total Project Encumbrance:
Original Contract $6,000.00 "/P/'1 3
Additional Encumbrance No. 1 j/ $3,756.00 . //�1/�
h0
Revised Contract $9,756.09,
ORIGINAL P.O. NUMBER: 00057973
ACCOUNT NUMBER: 110-8101-7014
APPROVED BY:
Timm orden, .
Director of Public Works
Date 37/1/0
OFFICE OF THE CITY CLERK
�• CITY HALL
10300 TORRE AVENUE• CUPERTINO, CA 95014-3255
.I94, TELEPHONE: (408) 777-3223• FAX: (408)777-3366
.f
WEBSITE:www.cupertino.org
CUPERTINO
February 28, 2013
Siegel & Strain Architects
1295 59th Street
Emeryville, CA 94608
An original copy of your agreement with the City of Cupertino is enclosed. If you have any
questions or need additional information, please contact the Public Works department at (408)
777-3354.
Sincerely,
E:;;AA.,
Brittany Carey
Senior Office Assistant
City of Cupertino
Enclosure
cc: Public Works
r ,
AGREEMENT BETWEEN THE CITY OF CUPERTINO AND SIEGEL&STRAIN
ARCHITECTS FOR CONSULTANT SERVICES FOR MCCLELLAN RANCH MILK
BARN RESTROOM UPGRADES C �r� 9 ?,2
`' / THIS AGREEMENT,for reference dated 2/13 ,2013, is by and between
1
CITY OF CUPERTINO, a municipal corporation(hereinafter referred to as"City"),and,
Siegel&Strain Architects, a California corporation,whose address is 1295 59TH Street,
Emeryville,CA 94608;phone no.510-547-8092;e-mail:hsiegel @siegelstrain.com
(hereinafter referred to as"Consultant"), and is made with reference to the following:
RECITALS:
A. City is a municipal corporation duly organized and validly existing under
the laws of the State of California with the power to carry on its business as it is now
being conducted under the Constitution and the statutes of the State of California and
the Cupertino Municipal Code.
B. Consultant is specially trained,experienced and competent to perform
the special services which will be required by this Agreement;and
C. Consultant possesses the skill,experience,ability,background,
certification and knowledge to provide the services described in this Agreement on the
terms and conditions described herein.
D. City and Consultant desire to enter into an agreement for Architectural
services for the McClellan Ranch Milk Barn Restroom Upgrades upon the terms and
conditions herein.
NOW,THEREFORE,it is mutually agreed by and between the undersigned
parties as follows:
1. TERM:
The term of this Agreement shall commence on the date this agreement is
executed and shall terminate on May 31, 2013,unless terminated earlier as set
forth herein.
2. SERVICES TO BE PERFORMED:
Consultant shall perform each and every service set forth in Exhibit"A".titled
"Scope of Services" which is attached hereto and incorporated herein by this reference.
3. SCHEDULE OF PERFOMRANCE;
The Services of Consultant are to be completed according to the schedule set out
in Exhibit B, titled "Schedule of Performance ", which is attached hereto and
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incorporated herein by this reference.
4. COMPENSATION TO CONSULTANT:
The maximum compensation to be paid to Consultant under this
agreement shall not exceed SIX THOUSAND DOLLARS ($ 6,000. The rate of
payment is set out in Exhibit C, titled "Compensation", which is attached hereto
and incorporated herein.
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.
5. TIME IS OF THE ESSENCE:
Consultant and City agree that time is of the essence regarding the performance
of this Agreement.
6. STANDARD OF CARE:
Consultant agrees to perform all services hereunder in a manner commensurate
with the prevailing standards of like professionals in the San Francisco Bay Area and
agrees that all services shall be performed by qualified and experienced personnel who
are not employed by the City nor have any contractual relationship with City.
7. INDEPENDENT PARTIES:
City and Consultant intend that the relationship between them created by this
Agreement is that of employer-independent contractor. The manner and means of
conducting the work are under the control of Consultant,except to the extent they are
limited by statute,rule or regulation and the express terms of this Agreement. No civil
service status or other right of employment will be acquired by virtue of Consultant's
services. None of the benefits provided by City to its employees,including but not
limited to,unemployment insurance,workers'compensation plans,vacation and sick
leave are available from City to Consultant,its employees or agents. Deductions shall
not be made for any state or federal taxes,FICA payments,PERS payments,or other
purposes normally associated with an employer-employee relationship from any fees
due Consultant. Payments of the above items,if required,are the responsibility of
Consultant.
8. IMMIGRATION REFORM AND CONTROL ACT(IRCA):
Consultant assumes any and all responsibility for verifying the identity and
employment authorization of all of his/her employees performing work hereunder,
pursuant to all applicable IRCA or other federal,or state rules and regulations.
Consultant shall indemnify and hold City harmless from and against any loss,damage,
liability,costs or expenses arising from any noncompliance of this provision by
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Consultant.
NON-DISCRIMINATION:
Consistent with City's policy that harassment and discrimination are
unacceptable employer/employee conduct,Consultant agrees that harassment or
discrimination directed toward a job applicant,a City employee,or a citizen by
Consultant or Consultant's employee or subcontractor on the basis of race,religious
creed,color,national origin,ancestry,handicap,disability, marital status,pregnancy,
sex, age,or sexual orientation will not be tolerated. Consultant agrees that any and all
violations of this provision shall constitute a material breach of this Agreement.
9. PROJECT COORDINATION
CITY: Director of Public Works shall be representative of City for all purposes
under this Agreement. Carmen Lynaugh, Public Works Project Manager is hereby
designated as the Director of Public Works' designee and Project Manager, and shall
supervise the progress and execution of this Agreement.
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 Consuli:ant Project Manager 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
be Henry Siegel.
HOLD HARMLESS:
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 the 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. Consultant shall not be
obligated under this Agreement to indemnify City to the extent that the damage
is caused by the negligence or willful misconduct of City,its agents or
employees. Irrespective of any language to the contrary in this Agreement or
under applicable law,Consultant shall have no duty to provide or fund up-front
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defense costs of City against unproven claims or allegations,but shall reimburse
those reasonable attorneys'fees,expert fees and all other costs and fees of
litigation incurred by City that are caused by the negligence,recklessness or
willful misconduct of Consultant,its employees, agents and sub-consultants
(collectively, "Defense Costs"). However, Consultant shall provide its immediate
cooperation, at no additional cost to the City,to the City in defending such
claims. In the event City tenders a claim to Consultant for damages alleged to
arise out of,pertain to,or relate to the Consultant's negligence,recklessness or
intentional misconduct or for the reimbursement of Defense Costs,and the
parties are unable to mutually agree to a resolution,such issues shall be decided
by a single arbitrator,chosen by the parties,in accordance with the Construction
Industry Arbitration Rules of the American Arbitration Association then
obtaining unless the parties agree otherwise. This agreement to arbitrate shall be
specifically enforceable under the California Arbitration Act. The award
rendered by the arbitrator shall be final,and judgment may be entered upon it in
accordance with the applicable law in any court having jurisdiction thereof.
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 the 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.
C. Claims involving intellectual property. In addition to the obligations
set forth in (A) and (B) above, Consultant shall indemnify, defend, and hold the
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 Consultant'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.
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10. INSURANCE:
On or before the commencement of the term of this Agreement,Consultant shall
furnish City with certificates showing the type,amount,class of operations covered,
effective dates and dates of expiration of insurance coverage in compliance with
paragraphs 12A,B, C,D and E. Such certificates or insurance policy,which do not limit
Consultant's indemnification,shall also contain substantially the following statement:
"Should any of the above insurance covered by this certificate be canceled before the
expiration date thereof,the insurer affording coverage shall provide thirty (30)days'
advance written notice to the City of Cupertino by mail,Attention: City Manager." It is
agreed that Consultant shall maintain in force at all times during the performance of this
Agreement all appropriate coverage of insurance required by this Agreement with an
insurance company that is acceptable to City and licensed to do insurance business in
the State of California. Endorsements naming the City as additional insured shall be
submitted with the insurance certificates.
A. COVERAGE:
Consultant shall maintain the following insurance coverage:
(1) Workers' Compensation:
Statutory coverage as required by the State of California.
(2) Liability:
Commercial general liability coverage in the following minimum
limits:
Bodily Injury: $500,000
each occurrence
$1,000,000
aggregate-all other
Property Damage: $100,000 each occurrence
$250,000 aggregate
If submitted, combined single limit policy with aggregate limits in
the amounts of$1,000,000 will be considered equivalent to the
required minimum limits shown above.
(3) Automotive:
Comprehensive automotive liability coverage in the following
minimum limits:
Bodily Injury: $500,000 each occurrence
Property Damage: $100,000 each occurrence
or
Combined Single Limit: $500,000 each occurrence
(4) Professional Liability:
Professional liability insurance which includes coverage for the
professional negligent acts,errors and omissions of Consultant in
the amount of at least$1,000,000.
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B. SUBROGATION WAIVER:
Consultant agrees that in the event of loss due to any of the perils for which
he/she has agreed to provide comprehensive general and automotive liability insurance,
Consultant shall look solely to his/her insurance for recovery. Consultant hereby grants
to City, on behalf of any insurer providing comprehensive general and automotive
liability insurance to either Consultant or City with respect to the services of Consultant
herein, a waiver of any right to subrogation which any such insurer of said Consultant
may acquire against City by virtue of the payment of any loss under such insurance.
C. FAILURE TO SECURE:
If Consultant at any time during the term hereof should fail to secure or maintain
the foregoing insurance,City shall be permitted to obtain such insurance in the
Consultant's name or as an agent of the Consultant and shall be compensated by the
Consultant for the costs of the insurance premiums at the maximum rate permitted by
law and computed from the date written notice is received that the premiums have not
been paid.
D. ADDITIONAL INSURED:
City,its City Council,boards and commissions,officers,employees and
volunteers shall be named as an additional insured under all insurance coverages,
except any professional liability insurance,required by this Agreement. The naming of
an additional insured shall not affect any recovery to which such additional insured
would be entitled under this policy if not named as such additional insured. An
additional insured named herein shall not be held liable for any premium,deductible
portion of any loss,or expense of any nature on this policy or any extension thereof.
Any other insurance held by an additional insured shall not be required to contribute
anything toward any loss or expense covered by the insurance provided by this policy.
E. SUFFICIENCY OF INSURANCE:
The insurance limits required by City are not represented as being sufficient to
protect Consultant. Consultant is advised to confer with Consultant's insurance broker
to determine adequate coverage for Consultant.
11. CONFLICT OF INTEREST:
Consultant warrants that it is not a conflict of interest for Consultant to perform
the services required by this Agreement. Consultant may be required to fill out a
conflict of interest form if the services provided under this Agreement require
Consultant to make certain governmental decisions or serve in a staff capacity as defined
in Title 2,Division 6,Section 18700 of the California Code of Regulations.
12. PROHIBITION AGAINST TRANSFERS:
Consultant shall not assign,sublease,hypothecate,or transfer this Agreement, or
any interest therein,directly or indirectly,by operation of law or otherwise,without
prior written consent of City. Any attempt to do so without said consent shall be null
and void,and any assignee, sublessee,hypothecate or transferee shall acquire no right or
interest by reason of such attempted assignment,hypothecation or transfer. However,
claims for money by Consultant from City under this Agreement may be assigned to a
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bank,trust company or other financial institution without prior written consent.
Written notice of such assignment shall be promptly furnished to City by Consultant.
The sale,assignment,transfer or other disposition of any of the issued and
outstanding capital stock of Consultant,or of the interest of any general partner or joint
venturer or syndicate member or cotenant,if Consultant is a partnership or joint venture
or syndicate or cotenancy,which shall result in changing the control of Consultant, shall
be construed as an assignment of this Agreement. Control means fifty percent(50%)or
more of the voting power of the corporation.
13. SUBCONTRACTOR APPROVAL:
Unless prior written consent from City is obtained,only those people and
subcontractors whose names are included in this Agreement shall be used in the
performance of this Agreement.
In the event that Consultant employs subcontractors,such subcontractors shall
be required to furnish proof of workers' compensation insurance and shall also be
required to carry general,automobile and professional liability insurance in reasonable
conformity to the insurance carried by Consultant. In addition, any work or services
subcontracted hereunder shall be subject to each provision of this Agreement.
14. PERMITS AND LICENSES:
Consultant,at his/her sole expense, shall obtain and maintain during the term of
this Agreement,all appropriate permits,certificates and licenses including,but not
limited to,a City Business License,that may be required in connection with the
performance of services hereunder.
15. REPORTS:
A. Each and every report,draft,work product,map,record and other
document,hereinafter collectively referred to as"Report",reproduced,prepared or
caused to be prepared by Consultant pursuant to or in connection with this Agreement,
shall be the exclusive property of City. Consultant shall not copyright any Report
required by this Agreement and shall execute appropriate documents to assign to City
the copyright to Reports created pursuant 1:o this Agreement. Any Report,information
and data acquired or required by this Agreement shall become the property of City,and
all publication rights are reserved to City. Consultant may retain a copy of any report
furnished to the City pursuant to this Agreement.
B. All Reports prepared by Consultant may be used by City in execution or
implementation of:
(1) The original Project For which Consultant was hired;
(2) Completion of the original Project by others;
(3) Subsequent additions to the original project;and/or
(4) Other City projects as appropriate.
C. Consultant shall, at such time and in such form as City may require,
furnish reports concerning the status of services required under this Agreement.
D. All Reports required to be provided by this Agreement shall be printed
on recycled paper. All Reports shall be copied on both sides of the paper except for one
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original,which shall be single sided.
E. No Report,information or other data given to or prepared or assembled
by Consultant pursuant to this Agreement shall be made available to any individual or
organization by Consultant without prior approval by City.
F. 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
modifications to the documents.
16. RECORDS:
Consultant shall maintain complete and accurate records with respect to sales,
costs,expenses,receipts and other such information required by City that relate to the
performance of services under this Agreement.
Consultant shall maintain adequate records of services provided in sufficient
detail to permit an evaluation of services. All such records shall be maintained in
accordance with generally accepted accounting principles and shall be clearly identified
and readily accessible. Consultant shall provide free access to such books and records to
the representatives of City or its designees at all proper times,and gives City the right to
examine and audit same,and to make transcripts therefrom as necessary,and to allow
inspection of all work,data,documents,proceedings and activities related to this
Agreement. Such records,together with supporting documents,shall be kept separate
from other documents and records and shall be maintained for a period of three(3)
years after receipt of final payment.
If supplemental examination or audit of the records is necessary due to concerns
raised by City's preliminary examination or audit of records,and the City's
supplemental examination or audit of the records discloses a failure to adhere to
appropriate internal financial controls,or other breach of contract or failure to act in
good faith,then Consultant shall reimburse City for all reasonable costs and expenses
associated with the supplemental examination or audit.
17. NOTICES:
All notices, demands,requests or approvals to be given under this Agreement
shall be given in writing and conclusively shall be deemed served when delivered
personally or on the second business day after the deposit thereof in the United States
Mail,postage prepaid, registered or certified,addressed as hereinafter
provided.
All notices,demands,requests,or approvals from Consultant to City shall be
addressed to City at:
City of Cupertino
10300 Torre Ave.
Cupertino CA 95014
Attention:Carmen Lynaugh
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All notices, demands,requests,or approvals from City to Consultant shall be
addressed to Consultant at:
Henry Siegel
Siegel&Strain Architects
1295 59th Street
Emeryville,CA 94608
Phone:510-547-8092
e-mail:hsiegel @siegelstrain.com
18. TERMINATION:
In the event Consultant fails or refuses to perform any of the provisions hereof at
the time and in the manner required hereunder, Consultant shall be deemed in default
in the performance of this Agreement. If such default is not cured within within the
time specified after receipt by Consultant from City of written notice of default,
specifying the nature of such default and the steps necessary to cure such default,City
may terminate the Agreement forthwith by giving to the Consultant written notice
thereof.
City shall have the option,at its sole discretion and without cause,of terminating
this Agreement by giving seven(7)days' prior written notice to Consultant as provided
herein. Upon termination of this Agreement,each party shall pay to the other party that
portion of compensation specified in this Agreement that is earned and unpaid prior to
the effective date of termination.
In the event of termination,Consultant shall deliver to City,copies of all reports,
documents,and other work performed by Consultant under this Agreement.
19. COMPLIANCES:
Consultant shall comply with all state or federal laws and all ordinances,rules
and regulations enacted or issued by City.
20. CONFLICT OF LAW:
This Agreement shall be interpreted under, and enforced by the laws of the State
of California excepting any choice of law rules which may direct the application of laws
of another jurisdiction. The Agreement and obligations of the parties are subject to all
valid laws, orders, rules,and regulations of the authorities having jurisdiction over this
Agreement(or the successors of those authorities.)
Any suits brought pursuant to this Agreement shall be filed with the courts of
the County of Santa Clara,State of California.
21. ADVERTISEMENT:
Consultant shall not post,exhibit, display or allow to be posted,exhibited,
displayed any signs,advertising,show bills,lithographs,posters or cards of any kind
pertaining to the services performed under this Agreement unless prior written
approval has been secured from City to dc otherwise.
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22. WAIVER:
A waiver by City of any breach of any term,covenant,or condition contained
herein shall not be deemed to be a waiver of any subsequent breach of the same or any
other term,covenant,or condition contained herein,whether of the same or a different
character.
22. INTEGRATED CONTRACT:
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties hereto,and all preliminary negotiations and
agreements of whatsoever kind or nature are merged herein. No verbal agreement or
implied covenant shall be held to vary the provisions hereof. Any modification of this
Agreement will be effective only by written execution signed by both City and
Consultant.
23. 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 19 of
this Agreement.
24. INSERTED PROVISIONS:
Each provision and clause required by law to be inserted into the Agreement
shall be deemed to be enacted herein,and the Agreement shall be read and enforced as
though each were included herein. If through mistake or otherwise,any such provision
is not inserted or is not correctly inserted,the Agreement shall be amended to make
such insertion on application by either party.
25. CAPTIONS:
The captions in this Agreement are for convenience only,are not a part of the
Agreement and in no way affect,limit or amplify the terms or provisions of this
Agreement.
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P.O. No.: ,Z)- 1-C-7 7-1
IN WITNESS WHEREOF, the parties have caused the Agreement to be executed.
CONSULTANT CITY OF CUPERTINO
A Municipal Corporation
Sic: 1&Strain Architects
110
By
":Jmm Borden, Director of Public Works
Title ?r,. i dcaz
Date 2-/z z ci3
Date c44113
Tax I.D. No.: CO-33 o 3 Q 6,5
1295 59th Street APPROVED AS TO FORM:
Emeryville, CA 94608
Phone: 510-547-8092
L/ // ,/ 4/
Carol Korade, City At trney
ATTEST:
Grace Schmidt, City Clerk
Contract Amount: $6,000.00
Account No. : 110-8101-7014
. _it72/2-efl
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EXHIBIT A
SCOPE OF SERVICES
CONSULTANT shall perform professional services as detailed in the following sections related
to the evaluation and accessibility upgrades to the McClellan Ranch Milk Barn Restrooms
located at the 22221 McClellan Road, Cupertino.
SECTION 1. GENERAL
A. General PROJECT Description:The PROJECT involves the creation of as built
drawings and accessibility compliance upgrades to the Milk Barn Restrooms. The work
shall include but is not limited to the evaluation of existing conditions and creation of a
new floor plan and elevations that upgrade the restrooms to be in compliance with
current accessibility standards and provide a cost estimate for the upgrades. All the
work shall take in to consideration that the building will be evaluated for historical
value and work must be completed in compliance with applicable building and historic
preservation codes that apply.
B. General Performance Requirements:
1. The performance of all services by CONSULTANT shall be to the satisfaction of
the CITY, in accordance with the express 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 in this AG REEMENT.
2. The CITY's Department of Public Works shall manage the design and
construction of the PROJECT and this AGREEMENT. CONSULTANT shall
receive final direction from the CITY's Director of Public Works or his/her
authorized designee (hereinafter collectively "CITY") only. The CITY shall
resolve any conflicting direction from other groups, departments or agencies.
3. CONSULTANT shall coordinate this scope of services with the CITY as well as
with other CITY consultants and contractors, as needed or as directed by the
CITY. CONSULTANT shall schedule meeting and prepare meeting agendas and
minutes for all PROJECT meetings during the design phase under the scope of
work. All minutes of meetings are due to the CITY within five (5)working days
after the meeting. CONSULTA:\TT shall provide copies of such documentation to
the CITY, and as directed by the CITY, to other appropriate agencies and entities.
CONSULTANT shall coordinate all responses to comments through the CITY.
4. CONSULTANT shall designate and provide to the CITY the names of their team
members for the PROJECT. The team members shall be satisfactory to the CITY.
The team members shall include Burton Edwards as CONSULTANT's Principal-
in-charge for the duration of the PROJECT. CONSULTANT shall not substitute
any team members without the prior approval of the CITY.
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5. CONSULTANT's services shall be performed as expeditiously as is consistent
with professional skill and care and the orderly process of the work. The
schedule for the performance included in EXHIBIT B, may be adjusted by mutual
agreement.
6. CONSULTANT shall manage its SUBCONSULTANTS, and administer the
PROJECT. CONSULTANT shall consult with the CITY, research applicable
design criteria, and communicate with members of the PROJECT team.
7. When the CITY determines that the PROJECT requirements have been
sufficiently identified, CONSULTANT shall prepare and update a PROJECT
schedule for the CITY at the beginning of each TASK as defined in SECTION 2-
"SCOPE of SERVICES" of this EXHIBIT A. The PROJECT schedule shall identify
milestone dates for decisions required of the CITY, design services furnished by
CONSULTANT and CONSULTANT's SUBCONSULTANTS, dates of reviews
and approvals required by all governmental agencies that have jurisdiction over
the PROJECT, deliverables to be furnished by CONSULTANT, completion of
documentation provided by CONSULTANT, commencement of construction
and substantial completion of the construction of the PROJECT, and as identified
in the exhibits under this AGREEMENT.
8. CONSULTANT shall create as built and new floor plans and a cost estimate of
the upgrade and provide them to the CITY, according with this EXHIBIT A for
purposes of evaluation and approval by the CITY. The CITY including the
Department of Public Works Engineering and City Facilities and Department of
Parks and Recreation will review the design. CONSULTANT will be responsible
for causing the appropriate SUBCONSULTANT(S)to attend any meetings
included in this SCOPE OF SERVICES. CONSULTANT shall make revisions as
required for each task in a timely manner.
C. Estimate of Probable Construction Cost: CONSULTANT shall be responsible to
prepare a probable construction cost estimate for the new floor plan and upgrades.
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SECTION 2. TASKS
Task 1.Create as built drawings of the restrooms
S&S will measure the existing bathrooms and create floor plans and interior elevations showing
current location of all fixtures and accessories.
Task 2. Revised drawings
S&S will evaluate existing conditions for compliance with accessibility standards and then
create new floor plans and interior elevations that will show revisions required to make the
existing restrooms compliant.
Task 3. Cost Estimates
S&S and consultants will provide one cost estimate for the cost of the rehabilitation.
Task 4. Meetings
S&S has included one meeting with staff during the completion of this project.This meeting will
occur during a regularly scheduled meeting for the Environmental Education Center. We
anticipate that comments on the draft drawings can be handled via correspondence or web
meetings.
ADDITIONAL SERVICES
Consultant Services beyond the work in these tasks may be provided by CONSULTANT as
Additional Services only if such Additional Services are authorized in writing by the CITY
in advance. An Additional services amount of ONE THOUSAND FIVE HUNDRED
DOLLARS ($1,500.00)is made a part of this agreement. Additional services may be paid
for as a negotiated maximum not to exceed amount or by a time and materials cost
accounting with a maximum not to exceed.
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EXHIBIT B
SCHEDULE OF PERFORMANCE
CONSULTANT shall complete all work by May 31, 2013.
The following sets forth the distribution of CONSULTANT's Schedule of Performance for each
project. The CITY may approve in writing the extension of any milestone date set in this
Exhibit.
Task#1: Create As Built Drawings: 1 weeks after
Notice to
Proceed (NTP)
for this phase
Task#2 Revised Drawings: 1 weeks after
Notice to
Proceed (NTP)
for this phase
Task#3: Cost Estimates: 2 weeks after
Notice to
Proceed (NTP)
for this phase
Task#4: Meetings: 2 week after
Notice to
Proceed (NTP)
for this phase
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EXHIBIT C
COMPENSATION
A. Maximum Compensation.
The 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, additional services and reimbursable expenses, shall not exceed SIX
THOUSAND DOLLARS ($6,000). CONSULTANT agrees that it shall perform all of the
services set forth in Exhibit A of this AGREEMENT, except for additional services required
pursuant to Section 2, and inclusive of reimbursable expenses, for the amount of FOUR
THOUSAND FIVE HUNDRED DOLLARS ($4,500). The maximum amount of Additional
Services are authorized under Section G of this EXHIBIT C is ONE THOUSAND FIVE
HUNDRED DOLLARS ($ 1,500).
B. Method of Payment
For Task Nos. 1 through 4 CONSULTANT shall, during the term of this AGREEMENT, invoice
the CITY monthly based upon a percentage of completion of each milestone set forth below in
the Payment Schedule (Schedule D below) for services performed, and reimbursable expenses
incurred if applicable, in completing that milestone under this AGREEMENT. (Hereinafter
"Invoice.") Provided CONSULTANT has completed the services and incurred the reimbursable
expenses covered by the Invoice in accordance with the provisions of this AGREEMENT, as
determined by the CITY, the CITY shall pay CONSULTANT the amount shown on the Invoice
within thirty (30) working days of receipt of the Invoice.
The Invoice shall be based on the percentage of milestone completed, and it shall describe the
topics and tasks completed during the Invoice period in accordance with the Budget Schedule
and Payment Schedule set forth below. The Invoice shall list work completed and reimbursable
expenses if applicable, in accordance with the Budget Schedule and Payment Schedule set forth
below. CONSULTANT also shall include supporting documents for any reimbursable
expenses. The Invoice shall also show the total to be paid for the Invoice period.
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C. Budget Schedule
The Budget Schedule for this AGREEMENT shall be as follows:
Task
Task Description Compensation
Task#1: Create as Build Drawings $ 1000
Task#2: Revised Drawings $2500
Task #3: Cost Estimates $500
Task#4: Meetings $500
Additional Services $1,500
TOTAL $6,000
CONSULTANT shall not exceed any of the specified budget amounts for any Task without prior
written authorization from the CITY. The CITY may approve in writing the transfer of budget
amounts between any of the Tasks listed above provided the total AGREEMENT amount does
not exceed SIX THOUSAND DOLLARS ($6,000).
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D. Payment Schedule
The Payment Schedule for this AGREEMENT shall be as follows:
TASK MILESTONE PERCENT OF TASK
COMPENSATION PAIL
UPON COMPLETION
OF MILESTONE
Task#1 — Create As Built Drawings 100%
100%
Task#2— Revised Drawings
100%
Task #3— Cost Estimates
100%
Task#4— Meetings
100%
Additional Services Paid pursuant to
Subsection G below.
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E. Subconsultant Services.
CONSULTANT is directly responsible for any payment for SUBCONSULTANT work on this
PROJECT. SUBCONSULTANT work on this PROJECT is included in the Budget Schedule
shown above and shall be billed to the CITY by CONSULTANT as part of the Basic Services.
F. Reimbursable expenses.
Reimbursable expenses are included in CONSULTANT's maximum compensation, including,
but not limited to, any expenses related to CONSULTANT's internal plan checks, CAD test
prints, 8 1/2" x 11" copies or fax copies. Plotting and Printing for public distribution will be the
responsibility of the CITY. There are no separate reimbursable expenses for Basic Services
performed under Tasks 1-4 of EXHIBIT A.
G. Additional Services.
CONSULTANT shall not perform Additional Services without prior written authorization of
the CITY. Additional Services shall be separately negotiated to be paid on a maximum not to
exceed or a time and material basis not to exceed at the rates set forth herein, as authorized by
the CITY. The CITY has set aside the sum of ONE THOUSAND FIVE HUNDRED DOLLARS ($
1,500) for the payment of Additional Services. The CITY shall not authorize and CONSULTANT
shall not perform any Additional Services that result in charges in excess of the above amount.
CONSULTANT shall submit an Invoice to the CITY for payment on a monthly basis for
authorized Additional Services rendered during the previous month. In the event Additional
Services are authorized, CONSULTANT shall submit Invoices in accordance with the
CONSULTANT hourly rate schedule attached to this EXHIBIT C. The rates shown in the
EXHIBIT C-1 shall stay in effect during the full term of the contract. The CITY shall pay
Additional Services Invoices as provided in this EXHIBIT C.
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EXHIBIT C-1
CONSULTANT HOURLY RATES FOR ADDITONAL SERVICES
Siegel & Strain Architects
Principal $185
Architectural Historian $165
Project Manager $145
Project Architect $125
Support Staff $70
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