14-044 Perkins+Will for architectural services for the library expansion projectCITY OF
CUPERTINO
Library Expnasion Project
ADDITIONAL ENCUMBERANCE NO. I
ec. 17, 2014
Contractor:
Perkins + Will
185 Berry Street, Lobby One, Suite 5100
San Francisco, CA 94107
The following change is hereby approved and request for additional encumbrance:
1A. Additional Services outlined in Amendment No. 1
Total Additional Encumbrance No. 1
Total Project Encumbrance:
Original Contract $75,000.00
Additional Encumbrance No. 1 $51,360.00
Revised Contract $126,360.00
ORIGINAL P.O. NUMBER: 0018388
ACCOUNT No. 420-9271-9300
APPROVED BY:
S:�Y� -
imm Borden, P.E.
Director of Public Works
Date
$51,360.00
$5 ,
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OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3223 • FAX: (408) 777-3366
WEBSITE: www.cupertino.org
CUPERTINO
February 4, 2015
Perkins + Will
185 Berry Street, Lobby One Suite 5100
San Francisco, CA '94107
RE: Agreement
Enclosed for your records is a fully executed original copy of the first 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,
00-'4 ?�� -
Dorothy Steenfott
Senior Office Assistant
cc: Public Works
Enclosure
T AMENDMENT AGREEMENT BETWEEN THE CITY OF CUPERTINO AND
3 PE KINS + WILL FOR CONSULTANT SERICES FOR ARCHITECTURAL
SERVICES FOR THE LIBRARY EXPANSION PROJECT
This First Amendment to the Agreement between the City of Cupertino and PERKINS +
WILL, for reference dated December 15, 2014, is by and between the CITY OF
CUPERTINO, a municipal corporation (hereinafter "CITY") and PERKINS + WILL, a
California corporation whose address is 185 Berry Street, Lobby One, Suite 5100, San
Francisco, CA 94107; (hereinafter "CONSULTANT"), and is made with reference to the
following:
RECITALS:
A. On March 4, 2014, an agreement was entered into by and between CITY
and PERKINS + WILL (hereinafter "Agreement").
B. CITY and PERKINS + WILL desire to modify the Agreement on the terns
and conditions set forth herein.
NOW, THEREFORE, it is mutually agreed by and between and undersigned
parties as follows:
1. TERM:
The term of this Agreement shall commence on the date of the agreement and
shall terminate on May 31, 2015, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED:
Consultant shall perform each and every service set forth in Exhibit "A" Revised.
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 Revised, titled "Schedule of Performance ", which is attached hereto and
incorporated herein by this reference.
4. COMPENSATION TO CONSULTANT:
The maximum compensation to be paid to Consultant under this agreement shall
not exceed ONE HUNDRED TWENTY SIX THOUSAND THREE HUNDRED SIXTY
DOLLARS ($ 126,360). The rate of payment is set out in Exhibit C Revised, titled
"Compensation", which is attached hereto and incorporated herein.
Page 1 of 3
First Amendment
Library Expansion Project
Consultant: Perkins + Will
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. The following exhibits to the agreement are amended and replaced to read as
shown in the attachments to this amendment:
Appendix A Revised — Library Expansion Project
Exhibit A Revised - Scope of Services
Exhibit B Revised - Schedule of Performance
Exhibit C Revised— Compensation
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
First Amendment
Library Expansion Project
Consultant: Perkins + Will
IN WITNESS WHEREOF, the parties hereto have caused this modification of
Agreement to be executed.
CONSULTANT
Perkins + Will
yA � ZeV,
Title r � V I !/l D
Date IZ• )>--
185
>-•
185 Berry Street, Lobby One
Suite 5100
San Francisco, CA 94107
CITY OF CUPERTINO
A Municipal Corporation
By,_ �r
c
Director of Public Works, Timm Borden
APPRCIVED AS TO FORM:
By ftA4*�- -
City Attorney, Carol Korade
ATTEST:
By G4�=�
City Clerk, Grace Schmidt ;--Iq(�s
Account Nos.: 420-9271-9300
Total Contract Amount: $ 126,360
(Amendment No.1 Amount: $ 51,360)
Page 3 of 3
First Amendment
Library Expansion Project
Consultant: Perkins + Will
APPENDIX A REVISED
LIBRARY EXPANSION PROJECT
CITY OF CUPERTINO, CALIFORNIA
TASK 1: PREDESIGN and TASK 2: CONCEPTUAL DESIGN
A PURPOSE: Appendix A Revised describes the minimum content required for project
deliverables identified in Exhibit A Revised Scope of Services Tasks 1 and 2. Project
deliverables under all Tasks must be reviewed and written City approval obtained prior to
start of a subsequent task.
B GENERAL: CONSULTANTS deliverables shall include, at a minimum, the work
described in each task identified in this appendix. The CONSULTANT may include other
work in the Task deliverable submission as it sees fit to meet the intent of a Task
submission.
C The CITY shall use the minimum work items identified in Appendix A Revised as evidence
that the CONSULTANT met the Task deliverable submission for billing purposes. Any
deficiencies in the minimum work items identified shall cause the CITY to reject the
submission, require the CONSULTANT to make appropriate corrections and resubmit, at
no cost to the CITY. Earned value for submissions according to the EXHIBIT C REVISED,
Compensation Schedule shall not be considered earned until the Task Deliverable meets
the minimum work standards set for in this Appendix.
D The Appendix shall be used as a guideline for professional services performance in this
Agreement and shall not modify the CONSULTANT's inherent responsibilities identified
in this AGREEMENT. In the event of any conflict with Exhibit A Revised, Scope of Services,
Exhibit A governs.
TASK 1: PREDESIGN
A. PROJECT INFORMATON ANALYSIS:
1. Review of CITY provided Guidelines and Program Documents.
2. Review of CITY Municipal Code, Zoning Regulations & adopted model codes.
3. Review of CEQA Report.
4. Review existing site information available from the CITY or other sources
5. Review other applicable reports and data.
City of Cupertino
Library Expansion Project (Prj. No. 2013-07) 15' Amendment to Agreement -Appendix A Revised
Consultant: Perkins+Will PAGE 1 OF 2
B. BASE INFORMTION GENERATION
1. Base map production at a scale suitable project site study and visibility.
2. Existing site inventory and conditions
3. Existing topography, infrastructure, and utilities
4. Site opportunities and constraints analysis.
TASK 2: • CONCEPTUAL DESIGN
The minimum Conceptual design deliverable shall consist of the following:
1) Define project goals and objectives
2) Three (3) different concepts showing project design solutions given the site analysis.
3) Existing and proposed vehicular and pedestrian circulation.
4) Existing and proposed pedestrian circulation
5) Building massing
6) Solar impact
7) Analysis of each concept providing site opportunities, constraints, and conceptual
solutions.
The Conceptual Design submittal corresponds to 100% complete Conceptual Design
Documents.
-- END OF APPENDIX A REVISED —
City of Cupertino
Library Expansion Project (Prj. No. 2013-07) 15' Amendment to Agreement -Appendix A Revised
Consultant: Perkins+Will PAGE 2 OF 2
EXHIBIT A REVISED
SCOPE OF SERVICES
LIBRARY EXPANSION PROJECT
CITY OF CUPERTINO, CALIFORNIA
CONSULTANT shall perform professional services as detailed in the following sections related
to the master planning of the Cupertino Civic Center area and the feasibility analysis and
conceptual design for the parking option.
SECTION 1 GENERAL
A. General PROJECT Description: The PROJECT involves the design and construction for
expansion of the Story Room at the Cupertino Library and the addition of a Teen Room in
the Library. The initial phase of work shall study concepts for both these spaces to formulate
the desired program the spaces. need to serve, and possible location and access issues. This
phase of work does not involve any cost estimating of early concepts developed. It is
anticipated to require a maximum of 3 joint meetings with the City and Library team.
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 terns 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 meetings and prepare meeting agendas
and minutes for all PROJECT meetings 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. The CITY shall direct CONSULTANT with respect to programming and
functionality of the PROJECT space. The CITY shall approve design milestones
City of Cupertino
Library Expansion Project (Prj. No. 2013-07) 151 Amendment to Agreement -Exhibit A Revised
Consultant: Perkins+Will PAGE 1 OF 17
through all tasks. For the purpose of this AGREEMENT, direct written
authorization or approval from the CITY shall mean and require the signatures
of the CITY before proceeding to the next phase of work.
5. 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 Karen Alschuler 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.
6. 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 REVISED, may be adjusted
by mutual agreement.
7. CONSULTANT shall manage its SUBCONSULTANTS, and administer the
PROJECT. CONSULTANT shall consult with the CITY, research applicable .
design criteria, communicate with members of the PROJECT team, and issue
progress reports as necessary and directed by the CITY.
8. CONSULTANT shall submit design documents to the CITY, according to
SECTION 2 — "SCOPE OF SERVICES", of this EXHIBIT A REVISED for purposes
of evaluation and approval by the CITY. The CITY will review the design during
each task. CONSULTANT will meet with the CITY for progress review at
various stages of the PROJECT. CONSULTANT will be responsible for calling
the appropriate SUBCONSULTANT(S) to attend any meetings included in this
SCOPE OF SERVICES. CONSULTANT shall make revisions to the design
documents as required for each task in a timely manner.
9. 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.
10. CONSULTANT shall prepare and snake presentations to explain the design of
the PROJECT at various occasions to representatives of the CITY, as directed by
the CITY according to SECTION 2 — "SCOPE OF SERVICES" of this EXHIBIT A
REVISED.
11. CONSULTANT shall prepare and present to the CITY an Organization Chart,
Directory, and Communication Flow Chart at the PROJECT Kick -Off Meeting.
This meeting shall introduce team members, establish routes of communication,
and discuss the participants' roles, responsibilities, and authority.
12. CONSULTANT shall submit written requests for all information and official
documents related to the PROJECT to the CITY.
13. Communications Protocols
o Team Meetings and Conference Calls: CONSULTANT will initiate the
team/client meetings that allow for essential brainstorming and sharing of ideas
among consultants and the CITY, leading to well -conceived final products.
Attendance at these meetings will vary, based upon the work in progress and
City of Cupertino
Library Expansion Project (Prj. No. 2013-07) 15' Amendment to Agreement -Exhibit A Revised
Consultant: Perkins+Will PAGE 2 OF 17
need for collaboration. In addition, it is important to have a weekly conference
call with the CITY that will be attended by the invited consultants as needed.
This will be a means to strategize the efforts and coordination needed for the
upcoming weeks, update the CITY about work in progress, discuss points of
collaboration to inform the products, and lay down the next steps for a seamless
work process.
Meeting Agendas: CONSULTANT to prepare, or have prepared by the
particular meeting leader, draft meeting agendas for the team meetings and the
weekly conference calls. CONSULTANT will send draft agendas to the CITY
review and comment. The finalized agenda will be distributed to required
attendees by the CONSULTANT.
o Meeting Notes: CONSULTANT to prepare the meeting notes for the team/client
meetings and the conference calls. The meeting notes will focus primarily on
documenting agreed-upon follow-up actions and responsibilities for the
consultant team and CITY.
• Other Communication: In addition to the team meetings and the conference
calls, all consultant team members are expected to be in direct communication
with CITY for discussion and feedback specific to their scope, as required. The
record of these independent meetings will consist of notes on key decisions made
and action items, and will be completed by the respective consultant team
member on behalf of CONSULTANT. This information will be reported by
CONSULTANT in a timely manner at team meetings, during conference calls, or
sooner via email if key decisions and directions need to be communicated to
other consultant team members.
14. Management Protocols
• Project Management: Project management actions are critical to the success of
the project. As such, close coordination will be required between the
CONSULTANT and CITY at each step in the process. Weekly phone calls and
exchange of e-mail messages are anticipated to make up the bulk of these
coirununications. In addition a brief bi-weekly status update documenting past
2 -weeks effort and next 2 weeks effort memorandum will be produced by
CONSULTANT for CITY.
• CONSULTANT will maintain overall control of the sub -consultant team
throughout the process, ensuring completion of draft and final documents, and
any related actions, consistent with this overall Scope of Work, Project Timeline
and Project Budget. CONSULTANT, their sub -consultant team, and the.CITY
will share ideas and offer constructive feedback as the various studies are being
prepared, working to ensure that key findings and concerns generated through
one subtask are considered in overall project findings and recommendations. As
part of this action, CONSULTANT and CITY, will ensure seamless transition
from one task to the next through a written sign -off of CITY approving the end of
each phase and acknowledging the start of the next.
City of Cupertino
Library Expansion Project (Prj. No. 2013-07) 15' Amendment to Agreement -Exhibit A Revised
Consultant: Perkins+Will PAGE 3 OF 17
Document Management: CONSULTANT will set up an internet-based
document management/exchange platform called Newforma for efficient and
secure sharing of information among consultants and CITY. Newforma tracks all
files shared and maintains a record of files accessed by user group. It will help
team members effectively communicate and share information throughout the
course of the project.
15. Deliverables
Format: The format of all text and graphic documents must be compatible with
MS Word, Excel, or Adobe Creative Suite (e.g. Illustrator, Photoshop, Acrobat),
respectively. All digital maps shall be in pdf, unless otherwise directed by the
CITY. For all deliverables, one hard copy as well as a copy (in PDF format) shall
be provided to CITY.
Steps to Deliverable Completion: Working as partners toward completion of
the scope, the CITY will participate in the evolution of the Master Plan through
team work sessions and sharing of early concepts. Draft and final documents will
be submitted by CONSULTANT to CITY. CITY will ensure timely review of all
draft documents, providing a single set of consolidated City staff comments back
to the CONSULTANT within 15 days of receipt of the documents from
CONSULTANT, as well as meeting other responsibilities as contained in this
Scope of Work. Comments received from CITY on the draft documents will be
addressed in the next deliverable.
C. Estimate of Probable Construction Cost: CONSULTANT shall be responsible for the
conceptual design of the PROJECT to allow a comprehensive Estimate of Probable
Construction Cost and states the valid timeframe for the estimate.
City of Cupertino
Library Expansion Project (Prj. No. 2013-07) 1s' Amendment to Agreement -Exhibit A Revised
Consultant: Perkins+Will PAGE 4 OF 17
SECTION 2 SCOPE OF SERVICES
GENERAL
The CONSULTANT shall provide all services required to manage the project, including all
processes, all corrununication, all coordination, all record-keeping, and all process
documentation. The CONSULTANT shall propose a detailed schedule for the project for
review and approval of the CITY. The CONSULTANT shall solicit and obtain decisions from
CITY as the project process requires in order to advance the project in accordance with the
approved project schedule. The CONSULTANT shall prepare and submit to the CITY a project
and process update report at least monthly, or more frequently as project process requires.
2.0.1 The CONSULTANT shall provide all services necessary required to complete the tasks
identified in the. Scope of Services
2.0.2 The CONSULTANT shall coordinate and manage all subconsultants in each project task.
2.0.3 The CITY shall use the minimum work items identified in Appendices A -D as evidence
that the CONSULTANT met the Task deliverable submission for billing purposes. Any
deficiencies in the minimum work items identified shall cause the CITY to reject the
entire submission, require the CONSULTANT to make appropriate corrections, and
resubmit, at no cost to the CITY. Earned value for submissions according to the
EXHIBIT C REVISED, Compensation Schedule shall not be considered earned until
the Task Deliverable meets the minimum work standards set for in the Appendices.
TASK #1.0: PREDESIGN ACTIVITIES -SITE INVENTORY, ANALYSIS, AND
SYNTHESIS
1.01.1 CONSULTANT shall review all existing project data available from the City including,
but not limited to: topographic survey, geotechnical reports, traffic studies, CEQA
documents, other environmental studies, tree surveys, arborist's reports, architectural,
civil, mechanical, electrical plans, approved Master Plan, or other such data. The
CONSULTANTS will not conduct any additional survey in this initial stage of work
1.01.2 The CONSULTANT shall identify discrepancies or shortcomings among the existing
data, and identify solutions for resolution, and propose generation of additional site
information necessary to provide an accurate project base reap. Any additional
information requiring a survey will be considered an Additional Services for the
purpose of this initial phase of work.
1.01.3 The CONSULTANT shall utilize existing data to the extent possible and inform the
CITY immediately of problems associated with using existing data for project base
information.
1.01.4 The CONSULTANT shall create project base information in AutoCAD Release 14 for
use in subsequent project design tasks and submit to the CITY for review and
City of Cupertino
Library Expansion Project (Prj. No. 2013-07) 15' Amendment to Agreement -Exhibit A Revised
Consultant: Perkins+Will PAGE 5 OF 17
comment.
TASK #1.0 DELIVERABLES: One (1) each Architectural D size blue line base drawing
(22"04") and one (1) electronic copy in original format.
TASK #2.0: CONCEPTUAL DESIGN
2.0.1 CONSULTANT shall use the approved base information for project conceptual
design.
2.0.2 CONSULTANT shall prepare three (3) conceptual solutions for the Story Room
expansion and the addition of the Teen Room, each which address the primary
project issues and budget.
2.0.3 CONSULTANT shall present each concept to the CITY with analysis for evaluation.
The CITY shall select one concept as the preferred solution and provide the
CONSULTANT with written direction to proceed with that concept.
2.0.4 CONSULTANT shall develop three scenarios for expansion of the Story Room to a
130 seat program room. The task will entail developing the following:
® Three conceptual plans for the Story Room expansion
s 3-dimensional views to visualize the concepts
Evaluation of the three concepts to understand the pros and cons of each
• 100 -room Story Room concepts refinement
TASK #2 DEVLIVERABLES: Three (3) conceptual designs for 100 — seat program for the Story
Room expansion and three (3) conceptual design for 130 — seat program for the Story Room
expansion and the addition of the Teen Room that meet the project goals and Appendix A
Revised minimum requirements project goals. One (1) each Architectural D size drawing
(22"x34") blue line and electronic copy (pdf)
City of Cupertino
Library Expansion Project (Prj. No. 2013-07) 1s' Amendment to Agreement -Exhibit A Revised
Consultant: Perkins+Will PAGE 6 OF 17
ADDITIONAL SERVICES
All tasks beyond Task 2: Conceptual Design will require a contract amendment to
include the Additional Services listed under Tasks 3 to 7. At the CITY's request, the
CONSULTANT shall provide a fee proposal for these additional services consistent with the
professional rate schedule in Section D-1.
TASK #3.0: SCHEMATIC DESIGN: NIC
3.00 Schematic Design Meetings
3.0.1 The CONSULTANT shall participate in three (3) design team meetings with
representatives of the CITY during this Schematic Design phase and provide
written meeting minutes to the CITY within five (5) business days.
3.0.2 CONSULTANT shall incorporate into the PROJECT refinements from discussions
from the various team meetings and any other requests from the CITY during this
phase.
TASK #3.00 Deliverables: One (1) each copy of written meeting minutes on 8 '/z"x11" paper
and one electronic copy ( pdf format).
3.10 65% Schematic Design and Approval
3.1.1 The CONSULTANT shall use the CITY approved concept from Task #2 as the
basis for the 65% Schematic design.
3.1.2 The CONSULTANT shall,prepare a 65% schematic design and submit it to the
CITY for approval. The 65% design shall indicate how the Story Room expansion
and the addition of the Teen Room will solve the project issues and how the
structure will interact with the existing library building in terms of aesthetics,
architecture, and engineering. The 65% Schematic design submission shall
include, at a minimum, all items identified in Appendix B of this agreement.
3.1.3 CONSULTANT shall perform a 65% Schematic cost estimate for the schematic
plan presented, a design and construction schedule, and a written preliminary
- code compliance review.
3.1.4 The CITY shall provide comments on the 65% Schematic Design including
City of Cupertino
Library Expansion Project (Prj. No. 2013-07) 1s' Amendment to Agreement -Exhibit A Revised
Consultant: Perkins+Will PAGE 7 OF 17
direction regarding the Commission meeting. The CONSULTANT shall respond
to the comments withal fifteen (15) calendar days of receipt.
3.1.5 Upon satisfactory resolution of CITY comments, the CITY shall issue a written
Notice to Proceed and the CONSULTANT shall incorporate the CITY comments
from the 65% Schematic Design submission into the 100% Schematic plans.
TASK #3.10 Deliverables: Three (3) each 65% Schematic Architectural D size blue line
drawings (24"x36") and electronic copy (pdf); Three (3) each 8'/2"x11" copy of the Estimate
of Probable Construction Cost and electronic copy (pdf).
3.20 Library Commission Presentation
3.2.1 The CONSULANT shall prepare a draft 65% Schematic presentation intended for
the Cupertino Library Commission and submit to the CITY for review and
comment.
3.2.2 The CONSULTANAT shall incorporate the CITY's written conunents and
finalize the presentation format.
3.2.3. The CONSULTANT shall present the 65% Schematic Design to the Cupertino
Library Commission and provide meeting minutes to the CITY for review.
3.2.4 The CONSULTANT shall attend a meeting with City staff to discuss the meeting
and comments by the Commission. The CITY shall resolve all issues resulting
from the Commission meeting.
TASK #3.20 Deliverables: One (1) each draft and final 65% Schematic PowerPoint Presentation
including 65% Schematic drawings; One (1) each 8 1/2"x11" hardcopy and electronic copy (pdf)
of meeting minutes from the Library Commission presentation.
3.30 100% Schematic Design
3.3.1 The CONSULTANT shall submit the 100% Schematic Design to the CITY according
to the Appendix B minimum requirements.
3.3.2 Written CITY approval of the 100% Schematic Design shall include a Notice to
Proceed with the Project Design Development Task.
TASI< #3.3 Deliverables: Three (3) each 100% Schematic Architectural D size blue line
drawings (24"x36") and electronic copies (pdf).
City of Cupertino
Library Expansion Project (Prj. No. 2013-07) 1s' Amendment to Agreement -Exhibit A Revised
Consultant: Perkins+Will PAGE 8 OF 17
TASK #4. 0 DESIGN DEVELOPMENT: NIC
4.00 Design Development Meetings
4.0.1 The CONSULTANT shall participate in five (5) design team meetings with
representatives of the CITY during this Schematic Design phase and provide
written meeting minutes to the CITY within three (5) business days.
4.0.2 CONSULTANT shall incorporate PROJECT refinements from the various team
meetings and any other requests from the CITY during this phase.
TASK #4.00 Deliverables: One (1) each copy of written meeting minutes on 8 1/2"x11"
paper and one electronic copy( pdf format)
4.10 65%Design Development and Approval
4.1.1 The CONSULTANT shall use the CITY approved concept from Task #2 as the
basis for the 65% Design Development.
4.1.2 The CONSULTANT shall prepare a 65% Design Development and submit it to
the CITY for approval. The 65% design shall be a refinement of the schematic
drawings and describe, in detail, the functional and aesthetic aspects of the
design. The 65% Design Development submission shall include, at a
minimum, all items identified in Appendix B of this agreement.
4.1.3 The CONSULTANT shall submit 65% Design Development specifications for
the design development drawings. The specifications shall indicate proposed
,organization and sections anticipated based on the 65% Design Development
drawings.
4.1.4 The CITY shall provide written comments for the 65% Design Development
drawings and specifications. The CONSULTANT shall respond to the comments
within fifteen (15) calendar days of receipt.
4.1.5 Upon satisfactory resolution of CITY comments, the CITY shall issue a written
Notice to Proceed and the CONSULTANT shall incorporate the CITY comments
from the 65% Design Development submission into the 100% Design
Development plans.
TASK #4.10 Deliverables: Three (3) each 65% Design Development Architectural D size,
blue line drawings (24"x36") and electronic copy (pdf)
City of Cupertino
Library Expansion Project (Prj. No. 2013-07) 15' Amendment to Agreement -Exhibit A Revised
Consultant: Perkins+Will PAGE 9 OF 17
4.20 100% Design Development
4.2.1 The CONSULTANT shall submit the 100% Design Development drawings,
specifications, code compliance review, and schedule to the CITY according to the
Appendix B minimum requirements.
4.2.2 The CONSULTANT shall submit a 100% Design Development Estimate of Probable
Cost to the CITY according to the Appendix B minimum requirements.
4.2.3 Written CITY approval of the 100% Schematic Design shall include a Notice to
Proceed with the Construction Documents Task.
TASK #4.30 Deliverables: Three (3) each 100% Design Development Architectural D size blue
line drawings (24"x36") and electronic copies (pdf); Three (3) each 8 1/2"x11" copies and
electronic copy (pdf) of the 100% Design Development Estimate of Probable Construction Cost,
specifications, code compliance review, and schedule.
TASK #5.0: CONSTRUCTION DOCUMENTS: NIC
Construction Document Meetings
5.0.1 The CONSULTANT shall participate in three (3) design team meetings with
representatives of the CITY during the Construction Document phase and provide
written meeting minutes to the CITY within three (5) business days.
5.0.2 CONSULTANT shall incorporate PROJECT refinements from the various team
meetings and any other requests from the CITY during this phase.
TASK 45.00 Deliverables: One (1) each copy of written meeting minutes on 8 1/2"x11"
paper and one electronic copy (pdf format)
5.10 65% Construction Documents and Approval
5.1.1 The CONSULTANT shall use the CITY approved 100% Design Development
submission from Task #4 as the basis for the 65% Construction Documents.
5.1.2 The CONSULTANT shall prepare 65% Construction Doctunents and submit
them to the CITY for approval. The 65% Construction Documents shall be a
refinement of the City approved, 100% Design Development drawings and
describe, in detail, the functional and aesthetic aspects of the design suitable
for public bidding and project construction. The 65% Construction
Documents submission shall include, at a minimum, all items identified in
City of Cupertino
Library Expansion Project (Prj. No. 2013-07) 1s' Amendment to Agreement -Exhibit A Revised
Consultant: Perkins+Will PAGE 10 OF 17
Appendix D of this agreement.
5.1.3 The CONSULTANT shall submit 65% Construction specifications for the
design development drawings. The specifications shall reflect the detail of
the 65% Construction drawings. The CONSULTANT shall adjust its
specifications format to include CITY's STANDARD SPECIFICATION sections.
5.1.5 The CONSULTANT shall assist the CITY in the development and
preparation of the PROJECT Manual that includes the Conditions of the
Contract for Construction, Specifications, qualifications for prime and
designated sub -contractors, bidding requirements and sample forms.
5.1.6 The CITY shall provide written comments for the 65% Construction Document
drawings and specifications. The CONSULTANT shall respond to the comments
within fifteen (15) calendar days of receipt.
5.1.7 Upon satisfactory resolution of CITY comments, the CITY shall issue a written
Notice to Proceed and the CONSULTANT shall incorporate the CITY comments
from the 65% Construction Document submission into the 95% Construction
Document plans.
TASK #5.10 Deliverables: Four (4) each 65% Construction Document plans Architectural D
size, blue line drawings (24"06") and electronic copy (pdf); Four (4) each 8 1/2'x11" copies
(pdf) of the 65 % Construction Document Estimate of Probable Construction Cost,
Specifications, and Code Compliance review
5.20 95% Construction Documents
5.2.1 CONSULTANT shall submit 95% Design Development documents that shall
include, at a minimum, the items identified in Appendix B Revised, the Exhibit C
Revised, and Project Schedule.
5.2.2 CONSULTANT shall assist the CITY u1 the development and preparation of
the PROJECT Manual that includes the Conditions of the Contract for
Construction, Specifications, qualifications for prime and designated sub-
contractors, bidding requirements, add alternatives, and sample forms.
CONSULTANT shall adjust its specifications format to include CITY's
STANDARD SPECIFICATION sections.
5.2.3 The CITY shall provide written comments on the 95% Schematic Design and the
City of Cupertino
Library Expansion Project (Prj. No. 2013-07) 15' Amendment to Agreement -Exhibit A Revised
Consultant: Perkins+Will PAGE 11 OF 17
CONSULTANT shall respond to the comments within fifteen (15) calendar days.
5.2.4 CONSULTANT shall submit 95% Construction Document Package to the City
of Cupertino Building Department for building permit review. The Building
Department submittal shall include all applicable reports and calculations required
to obtain a City building permit for the project.
5.2.5 The CONSULTANT shall provide the CITY with final comments from the City
Building Department plan "review.
5.2.6 Upon satisfactory resolution of CITY comments from both the CITY plan review and
City Building Department review, the CITY shall issue a written Notice to Proceed
and the CONSULTANT shall incorporate all comments from both reviews into the
100% Construction Documents, specifications, and schedules.
TASK #5.2 Deliverables: Four (4) each 95% Construction Document Architectural D size blue
line drawings (24"x36") and electronic copies (pdf); Three (3) each 8 1/2 "x11" copies and
electronic copy (pdf) of the 95% Construction Document specifications. Note: One of the Task
5.20 deliverables is for submission to the City Building Department.
5.30 100% Construction Documents
5.3.1 The CONSULTANT shall submit the 100% Construction Document drawings,
specifications, and code compliance review to the CITY according to the Appendix D
minimum requirements.
5.3.2 The CONSULTANT shall submit a 100% Construction Document Estimate of
Probable Cost to the CITY according to the Appendix D minimum requirements.
5.3.3 The CONSULTANT shall submit the 100% Construction Documents along with all
other CITY requirements to .the City of Cupertino Building Department and obtain a
building permit for the project.
TASK #5.3 Deliverables: Four (4) each 100% Construction Document Architectural E size blue
line drawings (36"x48") and electronic copies (pdf); Four (4) each 8 i/2"x11" copies and
electronic copy (pdf) of the 100% Construction Document, Project Manual with Add
Alternatives, Specifications, and Estimate of Probable Construction Cost ready for public
bidding.
City of Cupertino
Library Expansion Project (Prj. No. 2013-07) 15' Amendment to Agreement -Exhibit A Revised
Consultant: Perkins+Will PAGE 12 OF 17
TASK # 6.0: BID AND AWARD: NIC
6.0.1 CONSULTANT shall provide the following bid phase services, at the City's
request, through award of the construction contract:
a. Attend the contractor pre-bid meeting.
b. Respond to bidders' questions until the question cutoff period identified in the
bid documents package.
C. Prepare addenda to the bid set plans and specifications prior bid question
cutoff identified in the bid documents
d. Assist in the evaluation of bids as requested by the CITY.
6.0.2 CONSULTANT shall update the Construction Document package to include all
addenda issued during the Bid process and submit a Conformed Set of drawings
and specifications to the CITY within ten (10) days of the contract award by the
City Council
Task 6.0 Deliverables:
A. The CONSULTANT shall provide two (2) complete wet signed, stamped Conform Sets
of Construction Documents and Technical Specifications that includes the 100%
Construction Documents Package and all bid addenda. The submitted documents shall
be in reproducible, hard copy format.
B. The CONSULATANT shall provide two (2) complete electronic format Conform Set
Construction Documents and Technical Specifications in both native file formats
(AutoCAD, MS Word) and pdf on a CITY compatible CD/DVD ROM disk media.
Compatibility with the City hardware shall be verified by the CONSULTANT prior to
final submission.
TASK #7.0: CONSTRUCTION ADMINISTRATION: NIC
7.0.1 CONSULTANT's responsibility to provide the Construction Administration
Services commences with the construction contract award and ends with
submission of the final PROJECT Punch List.
7.0.2 CONSULTANT shall advise the CITY, in writing, of any construction items that are
not in conformance with the Contract Documents.
7.0.3 CONSULTANT shall have reasonable access to the construction of the PROJECT
wherever it is in preparation or progress as appropriate to meet its obligations
under this AGREEMENT.
City of Cupertino
Library Expansion Project (Prj. No. 2013-07) 15' Amendment to Agreement -Exhibit A Revised
Consultant: Perkins+Will PAGE 13 OF 17
7.0.4 Duties, responsibilities and limitations of authority of CONSULTANT under this
Task shall not be restricted, modified or extended except by advance, written
agreement between CITY and CONSULTANT.
7.10 SUBMITTALS:
7.1.1 The CONSULTANT shall review and approve or reject the Contractor's
submittals as within ten (15) working days of receipt. The CONSULATANT may
request additional review time for particularly complex or unusual submittals. The
CITY shall not grant additional review time for standard construction item
submittals.
7.1.2 The CONSULTANT shall maintain a detailed record of all submittals and
content supplied by the Contractor.
Task 7.1 Deliverables: One (1) bound submittal package containing all original submittals,
CONSULTANT responses, and final approved submittals, and one (1) electronic copy (pdf).
7.2 REQUESTS FOR INFORMATION (RFI):
The CONSULTANT shall review Contractor Requests for Information and provide
a written response to the Contractor with a copy to the CITY, within five (5)
working days of receipt. The CONSULTANT's response shall provide, with
advance CITY approval, supplemental drawings and/or specifications necessary to
clarify the RFI.
Task 7.2 Deliverables: One (1) written copy and one (1) electronic copy (pdf) of the original RFI
and the CONSULTANT response.
7.3 CHANGE ORDERS:
7.3.1 CONSULTANT shall review and advise the CITY on requests by the
CITY or Contractor for changes in the construction of the PROJECT.
7.3.2 The CONSULTANT shall review City prepared Contract Change Orders .
shall, where necessary, prepare Drawings and Specifications to describe Work to be
added, deleted or modified.
7.3.3 The CONSULTANT shall maintain all records relative to changes in the
construction. Upon completion, CONSULTANT shall incorporate all modifications
into contract record documents.
City of Cupertino
Library Expansion Project (Prj. No. 2013-07) 15' Amendment to Agreement -Exhibit A Revised
Consultant: Perkins+Will PAGE 14 OF 17
Task 7.3 Deliverables: One (1) original copy and one (1) electronic copy (pdf) of the
CONSULTANT change order review and any drawings and/or specifications produced to
accompany the change order.
7.4 SITE OBSERVATION
7.4.1 Tl -ie CONSULTANT shall attend weekly construction meetings, provide
site observation, review Contractor's construction set while on site,
review the construction schedule, and provide a summary report of the
visit. The goal of these site visits is become familiar with the progress
and quality of construction, observe defects and deficiencies, and ensure
that the project construction conforms to the Contract Documents and the
baseline construction schedule.
Task 7.4 Deliverables: One (1) written copy and one (1) electronic copy (pdf) of the
CONSULTANT weekly site visit report
7.5 BLANK
7.6 CONSTRUCTION CLAIMS AND DISPUTES
The CONSULTANT shall advise the CITY on claims, disputes or other matters in
question between the CITY and Contractor. The CITY shall be the final arbiter in
all such matters.
Task 7.6 Deliverables: One (1) written copy and one (1) electronic copy (pdf) of the
CONSULTANT claim/dispute report.
7.7 CONSULTANT MEETINGS
The CONSULTANT shall include five (5) additional site meetings in the Construction
Administration phase and provide meeting minutes to the CITY within five (5) business
days.
Task 7.7 Deliverables: One (1) written copy and one (1) electronic copy (pdf) of the meeting
minutes.
7.80 PROJECT COMPLETION:
7.8.1 CONSULTANT shall obtain from the Contractor and forward to the
CITY, for the CITY's review and records, written warranties and related
a
documents required by the Contract Documents and assembled by the
City of Cupertino
Library Expansion Project (Prj. No. 2013-07) 15' Amendment to Agreement -Exhibit A Revised
Consultant: Perkins+Will PAGE 15 OF 17
Contractor, and shall issue a Punch List which denotes the portion of the
work of the PROJECT that needs to be completed by the Contractor based
upon a final observation indicating the construction of the PROJECT is in
general accordance with the requirements of the Contract Documents.
7.8.2 CONSULTANT's observations for Final Completion shall be conducted
with the CITY's designated representative to check conformance of the
construction of the PROJECT with the requirements of the Contract
Documents Package and to verify the accuracy and completeness of the list
submitted by the Contractor of work to be completed or corrected.
7.8.3 When the construction of the PROJECT is found to be substantially
completed by CONSULTANT, CONSULTANT shall advise the CITY
about the balance of the PROJECT construction to be completed and
identify the remaining balance to be paid the Contractor, including any
amounts estimated needed to pay for Final Completion or correction of
the construction work.
7.9 RECORD DOCUMENTS AND PROJECT CLOSE-OUT
a.. CONSULTANT shall review the Contractor's checklist for completion of all
required Contractor submittals and shop drawings as indicated in the Contract
Documents.
b. CONSULTANT shall review Contractor -supplied operation and maintenance
manuals for completeness as noted in the Contract Documents.
C. CONSULTANT shall review contractor warranties as noted in the Contract
Documents.
d. CONSULTANT shall review final pay request from Contractor for accuracy as
noted in the Contract Documents.
e. CONSULTANT shall review for completeness the site as -built drawings and
specifications of the Contractor based upon record field Construction
Documents Package maintained by Contractor during construction as noted in
the Contract Documents.
f. CONSULTANT shall incorporate addenda, change orders, Request for
Information (RFI) and any other document revisions as well as as -built
drawings and specifications modifications by the Contractor into a record
documentation package to be provided to the CITY. The final documentation
package shall be in the form of one reproducible package and one (1) copy in
an electronic format compatible with CITY systems (i.e. latest version of
AutoCAD and MS Word) and PDF format.
g. CONSULTANT to complete all work necessary to achieve LEED Silver
Certification.
City of Cupertino
Library Expansion Project (Prj. No. 2013-07) 151 Amendment to Agreement -Exhibit A Revised
Consultant: Perkins+Will PAGE 16 OF 17
TASK #8: ADDITIONAL -"SERVICES
Consultant services not specifically identified in the Scope of Services shall be
considered Additional Services. At the CITY's request, the CONSULTANT shall provide a fee
proposal for specific additional services consistent with the professional rate schedule in Section
END OF EXHIBIT A REVISED
City of Cupertino
Library Expansion Project (Prj. No. 2013-07) 11' Amendment to Agreement -Exhibit A Revised
Consultant: Perkins+Will PAGE 17 OF 17
EXHIBIT B REVISED
SCHEDULE OF PERFORMANCE
LIBRARY EXPANSION PROJECT
CITY OF CUPERTINO, CALIFORNIA
This is an exhibit attached to, and made a part of this Consultant Services
Agreement with THE CITY OF CUPERTINO ("City") and Perkins+Will ("Consultant")
for the provision of professional urban planning and architectural services ("Services")
CONSULTANT shall complete all work by May 31, 2015.
The following sets forth the distribution of CONSULTANT's Schedule of Performance for the
project. The CITY may approve in writing the extension of any milestone date set in this
Exhibit.
City of Cupertino
Library Expansion Project (Prj. No. 2013-07) 15' Amendment to Agreement -Exhibit B Revised
Consultant: Perkins+Will PAGE I OF 2
2 weeks
Task #1:
Predesign work by
after execution the
agreement
3 weeks
Task #2:
Conceptual Design work by
after Notice to Proceed
(NTP) for this task
Schematic Design work by
Future - TBD
Task #3:
Future - Not in Contract
Design Development work by
Future - TBD
Task #4:
Future— Not in Contract
Construction Documents work by
Future - TBD
Task #5:
Future — Not in Contract
Bidding and Award w/conforming set work by
Future - TBD
Task #6:
Future — Not in Contract
City of Cupertino
Library Expansion Project (Prj. No. 2013-07) 15' Amendment to Agreement -Exhibit B Revised
Consultant: Perkins+Will PAGE I OF 2
Construction Administration Services/project close
Task #7: out and record documents Future - TBD
Future — Not in Contract
END OF EXHIBIT B REVISED
City of Cupertino
Library Expansion Project (Prj. No. 2013-07) 15' Amendment to Agreement -Exhibit B Revised
Consultant: Perkins+Will- PAGE 2 OF 2
EXHIBIT C REVISED
COMPENSATION
LIBRARY EXPANSION PROJECT
CITY OF CUPERTINO, CALIFORNIA
This is an exhibit attached to, and made a part of this Consultant Services Agreement with
THE CITY OF CUPERTINO ("City") and Perkins+Will ("Consultant") for the provision of
professional architectural services ("Services").
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 ONE
HUNDRED TWENTY SIX THOUSAND THREE HUNDRED SIXTY DOLLARS ($126,360).
CONSULTANT agrees that it shall perform all of the services set forth in Exhibit A Revised of this
AGREEMENT, except for additional services required pursuant to Section 2, Task No. 5 and
inclusive of reimbursable expenses, for the lump -sum amount of ONE HUNDRED SIXTEEN
THOUSAND THREE HUNDRED SIXTY DOLLARS ($116,360). The maximum amount of
Additional Services are authorized under Section G of this Exhibit C Revised is TEN
THOUSDAND DOLLARS ($10,000).
B. Method of Payment
For Task Nos. 1 through 7 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. 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. Earned value for submissions according to the EXHIBIT C
REVISED, Compensation Schedule shall not be considered earned until the Task Deliverable
meets the minimum work standards set for in the Appendix.
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
City of Cupertino
Library Expansion Project (Prj. No. 2013-07) 1s' Amendment to Agreement -Exhibit C Revised
Consultant: Perkins+Will PAGE I OF 6
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.
C. Budget Schedule
The Budget Schedule for this AGREEMENT shall be as follows:
Task
Task No. Task Description Compensation
1 Predesign $ 20,000
2 Conceptual Design $ 96,360
3 Schematic Design — Future -Not in Contract n/a
4 Design Development — Future -Not in Contract n/a
5 Contract Documents — Future -Not in Contract n/a
6 Bidding and Award — Future -Not in Contract n/a
7 Construction Administration Services — n/a
Future -Not in Contract
8 Additional Services — authorized and paid $10,000
Pursuant to Subsection G below
TOTAL $126,360
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 ONE HUNDRED TWENTY SIX THOUSAND THREE HUNDRED SIXTY DOLLARS
($126,360).
City of Cupertino
Library Expansion Project (Prj. No. 2013-07) 15' Amendment to Agreement -Exhibit C Revised
Consultant: Perkins+Will PAGE 2 OF 6
D. Payment Schedule
The Payment Schedule for this AGREEMENT shall be as follows:
% of Task
Compensation
Paid Upon
Task Completion of
No. Milestone Task
1 Predesign
100
2 Conceptual Design
100
3 Schematic Design - Future -TBD
n/a
a. (65%) Submittal Approved
n/a
b. (95%) Submittal Approved
n/a
C. (100%) Submittal Approved
n/a
4 Design Development - Future -TBD
n/a
a. (65%) Submittal Approved
n/a
b. (95%) Submittal Approved
n/a
C. (100%) Submittal Approved
n/a
5 Contract Documents - Future -TBD
n/a
a. (65%) Submittal Approved
n/a
b. (95%) Submittal Approved
n/a
C. (100%) Submittal Approved
n/a
6 Bidding and Award - Future -TBD
n/a
a. Within 30 days of the City advertising for bids
n/a
City of Cupertino
Library Expansion Project (Prj. No. 2013-07) ls' Amendment to Agreement -Exhibit C Revised
Consultant: Perkins+Will
PAGE 3 OF 6
t
Receipt of conformed set of drawings Submittal
b.
No. 6b
n/a
7 Construction Administration - Future -TBD
n/a
30 calendar days after CITY issues Notice to
a.
Proceed to the contractor
n/a
b. Substantial completion
n/a
Notice of Final Completion (City accepts
C.
PROLECT)
n/a
8 Additional Services - as authorized
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 lump sum 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 shall be the
responsibility of the CITY. There are no separate reimbursable expenses for Basic Services
performed under Tasks 1-7 of EXHIBIT A REVISED.
City of Cupertino
Library Expansion Project (Prj. No. 2013-07) 15' Amendment to Agreement -Exhibit C Revised
Consultant: Perkins+Will PAGE 4 OF 6
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 lump sum or a time and
material basis at the rates set forth herein, as authorized by the CITY. The CITY has set aside the
sum of TEN THOUSAND DOLLARS ($10,000.00) 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 Schedule of
Consultant Hourly Rates for Additional Serivices included in this Exhibit C Revised. The rates
shown in the Schedule of Consultant Hourly Rates for Additional Serivices shall stay in effect
during the full term of the contract. The CITY shall pay for Additional Services Invoices as
provided for in this EXHIBIT C REVISED.
SCHEDULE OF CONSULTANT HOURLY RATES FOR ADDITONAL SERVICES
Perkins+Will
Principal
$295
Senior Project Manager
$220
Senior Project Architect/Designer
$210
Project Architect/Designer
$170
Architect/Designer III
$150
Architect/Designer III
$120
Architect/Designer I
$110
Senior Technical Coordinator
$210
Administrative
$90
Fehr & Peers
Principal $290
City of Cupertino
Library Expansion Project (Prj. No. 2013-07) 1s' Amendment to Agreement -Exhibit C Revised
Consultant: Perkins+Will PAGE 5 OF 6
Associate $170
Engineer/Planner $120
Graphics & Data Visualization $135
Administrative $110
Walker Parking
Principal
$255
Senior Project Manager/
$155
Senior Parking Consultant/
$145
Senior Engineer/Senior Architect
$235
Project Manager/parking Consultant
$195
Engineer/Architect
$170
Parking Analyst/Planner
$165
Designer
$150
Senior Technician
$145
Technician
$120
Field Auditor/Senior Admin Assistant
$95
Administrative Assistant
$80
TBD Consultants (Cost Estimator)
Principal
$165
Project Manager
$155
Senior MEP / Estimator
$145
Senior Scheduler
$150
Estimator/Scheduler
$135
Assist Estimator
$115
Administrative / Technical Support
$70
Public Dialogue Consortium
Project Team Lead $190
Project Team Senior Consultant $160
Project Team Consultant $110
Public Dialogue Facilitators $50
END OF EXHIBIT C REVISED
City of Cupertino
Library Expansion Project (Prj. No. 2013-07) 1s' Amendment to Agreement -Exhibit C Revised
Consultant: Perkins+Will PAGE 6 OF 6
OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3223 • FAX: (408) 777-3366
WEBSITE: www.culDertino.org
CUPERTINO
March 26, 2014
Perkins+Will
185 Berry Street, Lobby One, Suite 5100
San Francisco, CA 94107
Re: Agreement for consultant services
Enclosed for your records is a fully executed original copy of the agreement with the City
of Cupertino. If you have any questions, please contact the Public Works Department at
(408) 777-3354.
Sincerely,
Andrea Sanders
Senior Office Assistant
City Clerk's Office
Enclosure
cc: Public Works
AGREEMENT BETWEEN THE CITY OF CUPERTINO AND PERKINS+WILL FOR
CONSULTANT SERVICES FOR ARCHITECTURAL SERVICES FOR THE LIBRARY
EXPANSION PROJECT
U'
THIS AGREEMENT, for reference dated March 4, 2014, is. by and between CITY OF
CUPERTINO, a municipal corporation (hereinafter referred to as "City"), and PERKINS+WILL, a
(California corporation) whose address is 185 Berry Street, Lobby One, Suite 5100, San Francisco, CA
94107 (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 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 December 31, 2014, unless terminated earlier asset 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 PERFORMANCE:
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 incorporated herein by this reference.
City of Cupertino
Library Expansion Project (P(j. No. 2013-07) Agreement
Consultant: Perkins+Will PAGE I OF 10
4. COMPENSATION TO CONSULTANT:
The maximum compensation to be paid to Consultant under this agreement shall not exceed
Seventy -Five Thousand Dollars ($ 75,000). 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 Consul'tant'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 CIRCA):
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 Consultant.
9. 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.
City ol''Cupertino
Library Expansion Project (Pij. No. 2013-07) Agreement
Consultant: Perkins+Will PAGI? 2 OF 10
10. PROJECT COORDINATION
CITY: Director of Public Works shall be representative of City for all purposes under this
Agreement. Katy Jensen, is hereby designated as the Director of Public Works' designee and Project
Manager, and shall supervise the progressand 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 Consultant 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 Geeti
Silwal.
11. HOLD HARMLESS:
A. Indemnity Obligations Subject to Civil Code Section 2782.8.
1. Where the law establishes it 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. 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.
2. Notwithstanding the foregoing, the Consultant has no duty to provide or
to pay for an up -front defense against unproven claims or allegations, but shall pay or reimburse
the City for its reasonable attorneys' fees of counsel of City's choice, expert fees and all other
costs and fees of litigation to the extent caused by the negligence, recklessness, or willful
misconduct of Consultant or its employees, officers, officials, agents or independent contractors.
However, the Consultant shall provide its immediate and active cooperation and assistance to the
City, at no additional cost to the City, in analyzing, defending, and resolving such claims.
B. Claims for Other Liability. For all liabilities other than those included within
paragraph A. above, Consultant shall, to the fullest extent allowed by law, 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 performance of this Agreement
by Consultant or Consultant's employees, officers, officials, agents or independent contractors.
City of Cupertino
Library Expansion Project (Prj. No. 2013-07) Agreement
Consultant: Perkins+Will PAGE 3 OF 10
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.
12. INSURANCE:
On or before the commencement of the term of this Agreement, Consultant shall furnish City
with certificates showing the type, amount, effective dates and dates of expiration of insurance coverage
in compliance with paragraphs 12A, B,'C, D and E. Such certificates, 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, 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 authorized to do insurance business in the State of California.
Endorsements naming the City as additional insured in relation to the commercial general liability and
commercial automobile liability policies 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:
Commercial automotive liability coverage in the following minimum limits:
Bodily Injury: $500,000 each occurrence
Property Damage: $100,000 each occurrence
City of Cupertino
Library Expansion Project (Prj. No. 2013-0.7) Agreement
Consultant: Perkins+Will PAGE 4 OF 10
or
Combined Single Limit: $500,Q00 each accident
(4) Professional Liability:
Professional liability insurance which includes coverage for the professional acts,
errors and omissions of Consultant in the amount of at least $1,000,000 per claim
and in the aggregate.
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 commercial 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 commercial
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 less 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 worker's compensation and
professional liability insurance, required by this Agreement. 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.
13. CONFLICT OF INTEREST:
Consultant warrants that it isnot 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.
14. 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 bank, trust company or other financial institution without prior written consent.
Written notice of such assignment shall be promptly furnished to City by Consultant.
City of Cupertino
Library Expansion Project (Prj. No. 2013-07) Agreement.
Consultant: Perkins+Will PAGE 5 OF 10
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.
15. 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.
16. 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.
17. OWNERSHIP OF WORK:
A. Any interest (including copyright interests) of Consultant and its subconsultants in each
and every study, document, report, draft, memoranda, work product, map, record, plan, drawing,
specification and other deliverable, in any medium prepared or created by Consultant or its
subconsultants pursuant to or in connection with this Agreement, shall be the exclusive property of City.
To the extent permitted by Title 17 of U.S. Code, all work product prepared or created 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 works prepared or created by Consultant or any
subconsultant 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 Owner's prior written approval, Consultant
may retain and use copies of such works for reference and as documentation of its experience and
capabilities and in its promotional materials. With respect to Consultant's standard details, Consultant
may retain the copyright, but grants to City a perpetual non-exclusive license to use such details in
connection with the Project.
B. Without limiting any other City right to any of the works prepared or created by
Consultant or its subconsultants, all works 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. Any City reuse of works shall be subject to California Business and Professions Code
Sections 5536.25, 6735, 6735:3 or 6735.4, if and to the extent applicable. Any City reuse of works for any
purpose other than those in B(1) through B(3) above, and any modifications to any of the works, shall be
at City's sole risk and expense.
D. Consultant shall, at such time and in such form as City may require, furnish reports
concerning the status of services required under this Agreement.
City of Cupertino
Library Expansion.ProJect (Prj. No. 2013-07) Agreement
Consultant: Perkins+Will PAGE 6 OF 10
E. All written work required to be provided by this Agreement (other than large-scale
architectural plans and similar items) shall be printed on recycled paper and shall be copied on both sides
of the paper except for one original, which shall be single sided.
F. No work, information or other data given to or prepared created or assembled by
Consultant or any of its subconsultants pursuant to ti -us Agreement, shall be made available to any
individual or organization by Consultant or any subconsultant without prior approval by City.
G. Electronic and hard copies of Consultant's work product shall constitute the Project
deliverables. Plans shall be in CAD and PDF formats, and other documents shall be in Microsoft Word
and PDF formats.
18. 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 there from 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.
[f 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 actin good faith, then Consultant shall reimburse City for all reasonable costs and expenses
associated with the supplemental examination or audit.
19. 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.
at:
All notices, demands, requests, or approvals from Consultant to City shall be addressed to City
City of Cupertino
10300 Torre Ave.
Cupertino CA 95014
Attention: Katy Jensen
All notices, demands, requests, or approvals from City to Consultant shall be addressed to
Consultant at:
Perkins+Will
185 Berry Street, Lobby One
Suite 5100
City of Cupertino
Library Expansion Projcct (Prj. No. 2013-07) Agreement
Consultant: Perkins+Will PAGE 7 OF 10
San Francisco, CA 94107
Attention: Geeti Silwal
20. 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 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.
21. COMPLIANCES:
Consultant shall comply with all state or federal laws and all ordinances, rules and regulations
enacted or issued by City.
22. 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.
23. 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 do otherwise.
24. 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.
City of Cupertino
Library Expansion Project (Pij. No. 2013-07) Agreement
Consultant: Perkins+Will PAGE 8 OF 10
25. 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 arty 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.
26. 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.
27. 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.
City Of Cupertino
Library Expansion Project (Prj. No. 2013-07) Agreement
Consultant Perkins+Will PAGE 9 Of 10
•(a
P.O.Jl/ / iel 0
IN WITNESS WHEREOF, the parties have caused the Agreement to be executed.
CONSULTANT
Perkins+Will
A California Corporation
By
Name REN B. ALSCHULER
Title Principal
March 7, 2014
CITY OF CUPERTINO
A Municipal Corporation
By
Timm Borden, Director of Public Works
Tax I.D. No.: 36-2690384
APPROVED AS TO FORM:
Address:
185 Berry Street, Lobby One �y
Suite 5100 '(�✓
San Francisco, CA 94107 Carol Korade, City Attorne
ATTEST:
r
(—Grace Schmidt, City Cler
Contract Amount: t� -75 c6o
Account No.: 4,-)-C) Ct I - `IOD
City of Cupertino
Library Expansion Project (Pij. No. 2013-07) Agreement
Consultant: Perkins+Will PAGE 10 OF 1'0
APPENDIX A
LIBRARY EXPANSION PROJECT
CITY OF CUPERTINO, CALIFORNIA
TASK 1: PREDESIGN and TASK 2: CONCEPTUAL DESIGN
A PURPOSE: Appendix A describes the minimum content required for project deliverables
identified in Exhibit A Scope of Services Tasks 1 and 2. Project deliverables under all Tasks
must be reviewed andwritten City approval. obtained prior to start of a subsequent task.
B GENERAL: CONSULTANTS deliverables shall include, at a minimum, the work
described in each task identified in this appendix. The CONSULTANT may include other
work in the Task deliverable submission as it sees fit to meet the intent of a Task
submission.
C The CITY shall use the minimum work items identified in Appendix A as evidence that the
CONSULTANT met the Task deliverable submission for billing purposes. Any deficiencies
in the minimum work items identified shall cause the CITY to reject the submission, require
the CONSULTANT to make appropriate corrections and resubmit, at no cost to the CITY.
Earned value for submissions according to the EXHIBIT C, Compensation Schedule
shall not be considered earned until the Task Deliverable meets the minimum work
standards set for in this Appendix.
D The Appendix shall be used as a guideline for professional services performance in this
Agreement and shall not modify the CONSULTANT's inherent responsibilities identified
in this AGREEMENT. In the event of any conflict with Exhibit A, Scope of Services, Exhibit
A governs.
TASK 1: PREDESIGN
A. PROJECT INFORMATON ANALYSIS:
1. Review of CITY provided Guidelines and Program Documents.
2. Review of CITY Municipal Code, Zoning *Regulations & adopted model codes.
3. Review of CEQA Report.
4. Review existing site information available from the CITY or other sources
5. Review other applicable -reports and data.
B. BASE INFORMTION GENERATION
City of Cupertino
Library Expansion Project (Prj. No. 2013-07) Agreement -Appendix A
Consultant: Perkins+Will PAGE 1 OF 2
1. Base map production at a scale suitable project site study and visibility.
2. Existing site inventory and conditions
3. Existing topography, infrastructure, and utilities
4. Site opportunities and constraints analysis.
TASK 2: CONCEPTUAL DESIGN
The minimum Conceptual design deliverable shall consist of the following:
1) Define project goals and objectives
2) Three (3) different concepts showing project design solutions given the site analysis.
3) Existing and proposed vehicular and pedestrian circulation.
4) Existing and proposed pedestrian circulation
5) Building massing
6) Solar impact J
7) Analysis of each concept providing site opportunities, constraints, and conceptual
solutions.
The Conceptual Design submittal corresponds to 100% complete Conceptual Design
Documents.
-- END OF APPENDIX A —
City of Cupertino
Library Expansion Project (Prj. No. 2013-07) Agreement -Appendix A
Consultant: Perkins+Will PAGE 2 OF 2
EXH113IT A
SCOPE OF ,SERVICES
LIBRARY EXPANSION PROJECT
CITY OF CUPERTINO, CALIFORNIA
CONSULTANT shall perform professional services as detailed in the following sections related
to the master planning of the Cupertino Civic: Center area and the feasibility analysis and
conceptual design for the parking option.
SECTION 1 GENERAL
A. General PROJECT Description: The PROJECT involves the design and construction for
expansion of the Story Room at the Cupertino Library and the addition of a Teen Room in
the Library. The initial phase of work shall study concepts for both these spaces to formulate
the desired program the spaces need to serve, and possible location and access issues. This
phase of work does not involve any cost estimating of early concepts developed: It is
anticipated to require a maximum of 3 joint meetings with the City and Library team.
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 t=his 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 meetings and prepare meeting agendas
and minutes for all PROJECT meetings Colder 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. The CITY shall direct CONSULTA i\IT with respect to programming and
functionality of the PROJECT space. The CITY shall approve design milestones
City of Cupertino
Library Expansion Project (Prj. No. 2013-07) Agreement -Exhibit A
Consultant: Perkins+Will PAGE I OF 16
through all tasks. For the purpose of this AGREEMENT, direct written
authorization or approval from the CITY shall mean and require the signatures
of the CITY before proceeding to the next phase of work.
5. 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 Karen Alschuler 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.
6. 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.
7. CONSULTANT shall manage its SUBCONSULTANTS, and administer the
PROJECT. CONSULTANT shall consult with the CITY, research applicable
design criteria, communicate with members of the PROJECT team, and issue
progress reports as necessary and directed by the CITY.
8. CONSULTANT shall submit design documents to the CITY, according to
SECTION 2 — "SCOPE OF SERVICES", of this EXHIBIT A for purposes of
evaluation and approval by the CITY. The CITY will review the design during
each task. CONSULTANT will meet with the CITY for progress review at
various stages of the PROJECT. CONSULTANT will be responsible for calling
the appropriate SUBCONSULTANT(S) to attend any meetings included in this
SCOPE OF SERVICES. CONSULTANT shall make revisions to the design
documents as required for each task in a timely manner.
9. 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.
10. CONSULTANT shall prepare and make presentations to explain the design of
the PROJECT at various occasions to representatives of the CITY, as directed by
the CITY according to SECTION 2 — "SCOPE OF SERVICES" of this EXHIBIT A.
11. CONSULTANT shall prepare and present to the CITY an Organization Chart,
Directory, and Communication Flow Chart at the PROJECT Kick -Off Meeting.
This meeting shall introduce team members, establish routes of communication,
and discuss the participants' roles, responsibilities, and authority.
12. CONSULTANT shall submit written requests for all information and official
documents related to the PROJECT to the CITY.
13. Communications Protocols
• Team Meetings and Conference Calls: CONSULTANT will initiate the
team/client meetings that allow for essential brainstorming and sharing of ideas
among consultants and the CITY, leading to well -conceived final products.
Attendance at these meetings will vary, based upon the work in progress and
need for collaboration. In addition, it is important to have a weekly conference
City of Cupertino
Library Expansion Project (Prj. No. 2013-07) Agreement -Exhibit A
Consultant: Perkins+Will I PAGE 2 OF 16
call with the CITY that will be attended by the invited consultants, as needed.
This will be a means to strategize the efforts and coordination needed for the
upcoming weeks, update the CITY about work in progress, discuss points of
collaboration to inform the products, and lay down the next steps for a seamless
work process.
9 Meeting Agendas: CONSULTANT to prepare, or have prepared by the
particular meeting leader, draft meeting agendas for the team meetings and the
weekly conference calls. CONSULTANT will send draft agendas to the CITY
review and comment. The finalized agenda will be distributed to required
attendees by the CONSULTANT.
o Meeting Notes: CONSULTANT to prepare the meeting notes for the team/client
meetings and the conference calls. The meeting notes will focus primarily on
documenting agreed-upon follow-up actions and responsibilities for. the
consultant team and CITY.
® Other Communication: In addition to the team meetings and the conference
calls, all consultant team members are expected to be in direct communication
with CITY for discussion and feedback specific to their scope, as required. The
record of these independent meetings will consist of notes on key decisions made
and action items, and will be completed by the respective consultant team
member on behalf of CONSULTANT. This information will be reported by
CONSULTANT in a timely manner at team meetings, during conference calls, or
sooner via email if key decisions and directions need to be communicated to
other consultant team members.
14. Management Protocols
o Project Management: Project management actions are critical to the success of
the project. As°such, close_ coordination will be required between the
CONSULTANT and CITY at each .step in the process. Weekly phone calls and
exchange of e-mail messages are anticipated to make up the bulk of these
communications. In addition a brief bi-weekly status update documenting past
2 -weeks effort and next 2 weeks effort memorandum will be produced by
CONSULTANT for CITY.
a CONSULTANT will maintain overall control of the sub -consultant team
throughout the process, ensuring completion of draft and final documents, and
any related actions, consistent with. this overall Scope of Work, Project Timeline
and Project Budget. CONSULTANT, their sub -consultant team, and the CITY
will share ideas and offer constructive feedback as the various studies are being
prepared, working to ensure that key findings and concerns generated through
one subtask are considered in overall project findings and recommendations. As
part of this action, CONSULTANT and CITY, will ensure seamless transition
from one task to the next through a written sign -off of CITY approving the end of `
each phase and acknowledging the start of the next.
City of Cupertino
Library Expansion Project (Prj. No. 2013-07) Agreement -Exhibit A
Consultant: Perkins+Will PAGE 3 OF 16
Document Management: CONSULTANT will set up an internet-based
document management/exchange platform called Newforma for efficient and
.secure sharing of information among consultants and CITY. Newforma tracks all
files shared and maintains a record of files accessed by user group. It will help
team members effectively communicate and share information throughout the
course of the project.
15. Deliverables
Format: The format of all text and graphic documents must be compatible with
MS Word, Excel, or Adobe Creative Suite (e.g. Illustrator, Photoshop; Acrobat),
respectively. All digital maps shall be in pdf, unless otherwise directed by the
CITY. For all deliverables, one hard copy as well as a copy (in PDF format) shall
be provided to CITY.
Steps to Deliverable Completion: Working as partners toward completion of
the scope, the CITY will participate in the evolution of the Master Plan through
team work sessions and sharing of early concepts. Draft and final documents will
be submitted by CONSULTANT to CITY. CITY will ensure timely review of all
draft documents, providing a single set of consolidated City staff comments back
to the CONSULTANT within 15 days of receipt of the documents from
CONSULTANT, as well as meeting other responsibilities as contained in this
Scope of Work. Comments received from CITY on the draft documents will be
addressed in the next deliverable.
C. Estimate of Probable Construction Cost: CONSULTANT shall be responsible for the
conceptual design of the PROJECT to allow a comprehensive Estimate of Probable
Construction Cost and states the valid timeframe for the estimate.
City of Cupertino
Library Expansion Project (Prj. No. 2013-07) Agreement -Exhibit A
Consultant: Perkins+Will PAGE 4 OF 16
SECTION 2 SCOPE OF SERVICES
GENERAL
The CONSULTANT shall provide all services required to manage the project, including all
processes, all communication, all coordination, all record-keeping, and all process
documentation. The CONSULTANT shall propose a detailed schedule for the project for
review and approval of the CITY. The CONSULTANT shall solicit and obtain decisions from
CITY as the project process requires in order to advance the project in accordance with the
approved project schedule. The CONSULTANT shall prepare and submit to the CITY a project
and process update report at least monthly, or more frequently as project process requires.
2.0.1 The CONSULTANT shall provide all services necessary required to complete the tasks
identified in the Scope of Services
2.0.2 The CONSULTANT shall coordinate and manage all subconsultants in each project task.
2.0.3 The CITY shall use the minimum work it -ems identified in Appendices A -D as evidence
that the CONSULTANT met the Task deliverable submission for billing purposes. Any
deficiencies in the minimum. work items identified shall cause the CITY to reject the
entire submission, require the CONSULTANT to make appropriate corrections, and
resubmit, at no cost to the CITY. Earned value for submissions according to the.
EXHIBIT D, Compensation Schedule shall not be considered earned until the Task
Deliverable meets the minimum work standards set for in the Appendices.
TASK #1.0: PREDESIGN ACTIVITIES -SITE INVENTORY, ANALYSIS, AND
SYNTHESIS
1.01.1 CONSULTANT shall review all existing project data available from the City including,
but not limited to: topographic survey, geotechnical reports, traffic studies, CEQA
documents, other environmental studies, tree surveys, arborist's reports, architectural,
civil, mechanical, electrical plans, approved Master Plan, or other such data. The
CONSULTANTS will not conduct any additional survey in this initial stage of work
1.01.2 The CONSULTANT shall identify discrepancies or shortcomings among the existing
data, and identify solutions for resolution, and propose generation of additional site
information necessary to provide an accurate project base map. Any additional
information requiring a survey will be considered an Additional Services for the
purpose of this initial phase of work.
1.01.3 The CONSULTANT shall utilize existing data to the extent possible and inform the
CITY immediately of problems associated with using existing data for project base
information.
1.01.4 The CONSULTANT shall create project base information in AutoCAD Release 14 for
use in subsequent project design tasks and submit to the CITY for review and
City Of Cupertino
Library Expansion Project (Prj. No. 2013-07) Agreement -Exhibit A
Consultant: Perkins+Will PAGE 5 OF 16
comment.
TASK #1.0 DELIVERABLES: One (1) each Architectural D size blue line base drawing
(22"04") and one,(1) electronic copy in original format.
TASK #2.0: CONCEPTUAL DESIGN
2.0.1 CONSULTANT shall use the approved base information for project conceptual
design.
2.0.2 CONSULTANT shall prepare three (3) conceptual solutions for the Story Room
expansion and the addition of the Teen Room, each which address the primary
project issues and budget.
2.0.3 CONSULTANT shall present each concept to.the CITY with analysis for evaluation.
The CITY shall select one concept as the preferred solution and provide the
CONSULTANT with written direction to proceed with that concept.
TASK #2 DEVLIVERABLES: Three (3) conceptual designs for the Story Room expansion and
the addition of the Teen Room that meet the project goals and Appendix A minimum
requirements project goals. One (1) each Architectural D size drawing (22"x34") blue line and
electronic copy (pdf)
ADDITIONAL SERVICES
All tasks beyond Task 2: Conceptual Design will require a contract amendment to
include the Additional Services listed under Tasks 3 to 7. At the CITY's request, the
CONSULTANT shall provide a fee proposal for these additional services consistent with the
professional rate schedule in Section D-1.
TASK #3.0: SCHEMATIC DESIGN
3.00 Schematic Design Meetings
3.0.1 The CONSULTANT shall participate in three (3) design team meetings with
representatives of the CITY during this Schematic Design phase and provide
written meeting minutes to the CITY within five (5) business days.
3.0.2 CONSULTANT shall incorporate into the PROJECT refinements from discussions
from the various team meetings and any other requests from the CITY during this
City ol'Cupertino
Library Expansion Project (Pij. No. 2013-07) Agreement -Exhibit A
Consultant: Perkins+Will PAGE 6 OF 16
phase.
TASK #3.00 Deliverables: One (1) each copy of written meeting minutes on 8 1/2"x11" paper
and one electronic copy ( pdf format).
3.10 65% Schematic Design and Approval
3.1.1 The CONSULTANT shall use the CITY approved concept from Task #2 as the
basis for the 65% Schematic design.
3.1.2 The CONSULTANT shall prepare a 65% schematic design and submit it to the
CITY for approval. The 65% design shall indicate how the Story Room expansion
and the addition of the Teen Room will solve the project issues and how the
structure will interact with the existing library building in terms of aesthetics,
architecture, and engineering. The 65% Schematic design submission shall
include, at a minimum, all items identified in Appendix B of this agreement.
3.1.3 CONSULTANT shall perform a 65% Schematic cost estimate for the schematic
plan presented, a design and construction schedule, and a written preliminary
code compliance review.
3.1.4 The CITY shall provide comments on the 65% Schematic Design including
direction regarding the Commission meeting. The CONSULTANT shall respond
to the comments within fifteen' (15) calendar days of receipt.
3.1.5 Upon satisfactory resolution of CITY comments, the CITY shall issue a written
Notice to Proceed and the CONSULTANT shall incorporate the CITY comments
from the 65% Schematic Design submission into the 100% Schematic plans.
TASK #3.10 Deliverables: Three (3) each 65% Schematic Architectural D size blue line
drawings (24"06") and electronic copy (pdf); 'Three (3) each 8 1/2'x11" copy of the Estimate
of Probable Construction Cost and electronic copy (pdf).
3.20 Library Commission Presentation
3.2.1 The CONSULANT shall prepare a draft 65% Schematic presentation intended for
the Cupertino Library Commission and submit to the CITY for review and
comment.
3.2.2 The CONSULTANAT shall incorporate the CITY's written comments and
City of Cupertino,
Library Expansion Project (Pij. No. 2013-07) Agreement -Exhibit A
Consultant: Perkins+Will PAGE 7 OF 16
finalize the presentation format.
3.2.3 The CONSULTANT shall present the 65% Schematic Design to the Cupertino
Library Commission and provide meeting minutes to the CITY for review.
3.2.4 The CONSULTANT shall attend a meeting with City staff to discuss the meeting
and comments by the Commission. The CITY shall resolve all issues resulting
from the Commission meeting.
TASK #3.20 Deliverables: One (1) each draft and final 65% Schematic PowerPoint Presentation
including 65% Schematic drawings; One (1) each 8 1/"x11" hardcopy and electronic copy (pdf)
of meeting minutes from the Library Commission presentation.
3.30 100% Schematic Design
3.3.1 The CONSULTANT shall submit the 100% Schematic Design to the CITY according
to the Appendix B minimum requirements.
3.3.2 Written CITY approval of the 100% Schematic Design shall include a Notice to
Proceed with the Project Design Development Task.
TASK #3.3 Deliverables: Three (3) each 100% Schematic Architectural D size blue line
drawings (24"06") and electronic copies (pdf).
TASK #4. 0 DESIGN DEVELOPMENT:
4.00 Design Development Meetings
4.0.1 The CONSULTANT shall participate in five (5) design team meetings with
representatives of the CITY during this Schematic Design phase and provide
written meeting minutes to the CITY within three (5) business days.
4.0.2 CONSULTANT shall incorporate PROJECT refinements from the various team
meetings and any other requests from the CITY during this phase.
TASK #4.00 Deliverables: One (1) each copy of written meeting minutes on 8 1/2"x11"
paper and one electronic copy( pdf format)
4.10 65% Design Development and Approval
4.1.1. The CONSULTANT shall use the CITY approved concept from Task #2 as the
basis for the 65% Design Development.
4.1.2 The CONSULTANT shall prepare a 65% Design Development and submit it to
City of Cupertino
Library. Expansion Project (Pi -i. No. 2013-07) Agreement -Exhibit A
Consultant: Perkins+Will PAGE 8 OF 16
the CITY for approval. The 65% design shall be a refinement of the schematic
drawings and describe, in detail, the functional and aesthetic aspects of the
design. The 65 Design Development submission shall include, at a
minimum, all items identified in. Appendix B of this agreement. .
4.1.3 The CONSULTANT shall submit: 65% Design Development specifications for
the design development drawings. The specifications shall indicate proposed
organization and sections anticipated based on the 65% Design Development
drawings.
4.1.4 The CITY shall provide written comments for the 65% Design Development
drawings and specifications. The CONSULTANT shall respond to the comments
within fifteen (15) calendar days of receipt.
4.1.5 Upon satisfactory resolution of CTTY comments, the CITY shall issue a written
Notice to Proceed and the CONSULTANT shall incorporate the CITY comments
from the 65 Design Development submission into the 100 Design
Development plans..
TASK #4.10 Deliverables: Three (3) each 65`,% Design Development Architectural D size,
blue line drawings (24"x36") and electronic copy (pdf) r
4.20 100% Design Development
4.2.1 The CONSULTANT shall submit the 100% Design Development drawings,
specifications, code compliance review, and schedule to the CITY according to the
Appendix B minimum requirements.
4.2.2 The CONSULTANT shall submit a 100% Design Development Estimate of Probable
Cost to the CITY according to the Appendix B minimum requirements.
4.2.3 Written CITY approval of the 100% Schematic Design shall include a Notice to
Proceed with the Construction Documents Task.
TASK #4.30 Deliverables: Three (3) each 100% Design Development Architectural D size blue
line drawings (24"x36") and electronic copies (pdf); Three (3) each 8 1/2'x11" copies and
electronic copy (pdf) of the 100% Design Development Estimate of Probable Construction Cost,
specifications, code compliance review, and schedule.
City 01Cupertino
Library Expansion Project (Pij. No. 2013-07) Agreement -Exhibit A
Consultant: Perkins+Will PAGE 9 OF 16
TASK #5.0: CONSTRUCTION DOCUMENTS:
Construction Document Meetings
5.0.1 The CONSULTANT shall participate in three (3) design team meetings with
representatives of the CITY during the Construction Document phase and provide
written meeting minutes to the CITY within three (5) business days.
5.0.2 CONSULTANT shall incorporate PROJECT refinements from the various team
meetings and any other requests from the CITY during this phase.
TASK #5.00 Deliverables: One (1) each copy of written meeting minutes on 8 1/2"x11"
paper and one electronic copy (pdf format)
5.10 65% Construction Documents and Approval
5.1.1 The CONSULTANT shall use the CITY approved 100% Design Development
submission from Task #4 as the basis for the 65% Construction Documents.
5.1.2 The CONSULTANT shall prepare 65% Construction Documents and submit
them to the CITY for approval. The 65% Construction Documents shall be a
refinement of the City approved, 100% Design Development drawings and
describe, in detail, the functional and aesthetic aspects of the design suitable
for public bidding and project construction. The 65% Construction
Documents submission shall include, at a minimum, all items identified in
Appendix D of this agreement.
5.1.3 The CONSULTANT shall submit 65% Construction specifications for the
design development drawings. The specifications shall reflect the detail of
the 65% Construction drawings. The CONSULTANT shall adjust its
specifications format to include CITY's STANDARD SPECIFICATION sections.
5.1.5 The CONSULTANT shall assist the CITY in the development and
preparation of the PROJECT Manual that includes the Conditions of the
Contract for Construction, Specifications, qualifications for prime and
designated sub -contractors, bidding requirements and sample forms.
5.1.6 The CITY shall provide written comments for the 65% Construction Document
drawings and specifications. The CONSULTANT shall respond to the comments
within fifteen (15) calendar days of receipt.
5.1.7 Upon satisfactory resolution of CITY comments, the CITY shall issue a written
City Of Cupertino
Library Expansion Project (Prj. No. 2013-07) Agreement -Exhibit A
Consultant: Perkins+Will PAGE 10 OF 16
Notice to Proceed and the CONSULTANT shall incorporate the CITY comments
from the 65% Construction Document submission into the 95% Construction
Document plans.
TASK #5.10 Deliverables: Four (4) each 65% Construction Document plans Architectural D
size, blue line drawings (24"06") and electronic copy (pdf); Four (4) each 8 1/2"x11" copies
(pdf) of the 65 % Construction Document Estimate of Probable Construction Cost,
Specifications, and Code Compliance review
5.20 95% Construction Documents
5.2.1 CONSULTANT shall submit 95% Design Development documents that shall
include, at a minimum, the items identified in Appendix B, the Exhibit C, and
Project Schedule.
5.2.2 CONSULTANT shall assist the CITY in the development and preparation of
the PROJECT Manual that includes the Conditions of the Contract for
Construction, Specifications, qualifications for prime and designated sub-
contractors, bidding requirements, add alternatives, and sample forms.
CONSULTANT shall adjust its specifications format to include CITY's
STANDARD SPECIFICATION sections.
5.2.3 The CITY shall provide written comments on the 95% Schematic Design and the
CONSULTANT shall respond to the comments within fifteen (15) calendar days.
5.2.4 CONSULTANT shall submit 95% Construction Document Package to the City
of Cupertino Building Department for building permit review. The Building
Department submittal shall include all applicable reports and calculations required
to obtain a City building permit for the project.
5.2.5 The CONSULTANT shall provide the CITY with final comments from the City
Building Department plan review.
5.2.6 Upon satisfactory resolution of CIT:( comments from both the CITY plan review and
City Building Department review, the CITY shall issue a written Notice to Proceed
and the CONSULTANT shall incorporate all comments from both reviews into the
100% Construction Documents, specifications, and schedules.
TASK #5.2 Deliverables: Four (4) each 95% Construction Document Architectural D size blue
line drawings (24"06") and electronic copies (pdf); Three (3) each 8 1/2"x11" copies and
City of Cupertino
Library Expansion Project (Pij. No. 2013-07) Agreement -Exhibit A
Consultant Perkins+Will PAGE 11 OF 16
electronic copy (pdf) of the 95% Construction Document specifications. Note: One of the Task
5.20 deliverables is for submission to the City Building Department.
5.30 100% Construction Documents
5.3.1 The CONSULTANT shall submit the 100% Construction Document drawings,
specifications, and code compliance review to the CITY according to the Appendix D
minimum requirements.
5.3.2 The CONSULTANT shall submit a 100% Construction Document Estimate of
Probable Cost to the CITY according to the Appendix D minimum requirements.
5.3.3 The CONSULTANT shall submit the 100% Construction Documents along with all
other CITY requirements to the City of Cupertino Building Department and obtain a
building permit for the project.
TASK #5.3 Deliverables: Four (4) each 100 Construction Document Architectural E size blue
line drawings (36"x48") and electronic copies (pdf); Four (4) each 8 '/2"x11" copies and
electronic copy (pdf) of the 100% Construction Document, Project Manual with Add
Alternatives, Specifications, and Estimate of Probable Construction Cost ready for public
bidding.
TASK # 6.0: SID AND AWARD
6.0.1 CONSULTANT shall provide the following bid phase services, at the City's
request, through award of the construction contract:
a. Attend the contractor pre-bid meeting.
b. Respond to bidders' questions until the question cutoff period identified in the
bid documents package.
C. Prepare addenda to the bid set plans and specifications prior bid question
cutoff identified in the bid documents
d. Assist in the evaluation of bids as requested by the CITY.
6.0.2 CONSULTANT shall update the Construction Document package to include all
addenda issued during the Bid process and submit a Conformed Set of drawings
and specifications to the CITY within ten (10) days of the contract award by the
City Council
Task 6.0 Deliverables:
A. The CONSULTANT shall provide two (2) complete wet signed, stamped Conform Sets
of Construction Documents and Technical Specifications that includes the 100%
City Of Cupertino
Library Expansion Project (Pri. No. 2013-07) Agreement -Exhibit A
Consultant: Perkins+Will PAGE 12 OF 16
Construction Documents Package and all bid addenda. The submitted documents shall
be in reproducible, hard copy format.
B. The CONSULATANT shall provide two (2) complete electronic format Conform Set
Construction Documents and Technical Specifications in both native file formats
(AutoCAD, MS Word) and pdf on a CITY compatible CD/DVD ROM disk media.
Compatibility with the City hardware shall be verified by the CONSULTANT prior to
final submission.
TASK #7.0: CONSTRUCTION ADMINISTRATION
7.0.1 CONSULTANT's responsibility to provide the Construction Administration
Services commences with the construction contract award and ends with
submission of the final PROJECT Punch List.
7.0.2 CONSULTANT shall advise the CITY, in writing, of any construction items that are
not in conformance with the Contract Documents.
7.0.3 CONSULTANT shall have reasonable access to the construction of the PROJECT
wherever it is in preparation or progress as appropriate to meet its obligations
under this AGREEMENT.
7.0.4 Duties, responsibilities and limitations of authority of CONSULTANT under this
Task shall not be restricted, modified. or extended except by advance, written
agreement between CITY and CONSULTANT.
7.10 SUBMITTALS:
7.1.1 The CONSULTANT shall review and approve or reject the Contractor's
submittals as within ten (15) working days of receipt. The CONSULATANT may
request additional review time for particularly complex or unusual submittals. The
CITY shall not grant additional review time for standard construction item
submittals.
7.1.2 The CONSULTANT shall maintain a detailed record of all submittals and
content supplied by the Contractor.
Task 7.1 Deliverables: One (1) bound submittal package containing all original submittals,
CONSULTANT responses, and final approved submittals, and one (1) electronic copy (pdf).
7.2 REQUESTS FOR INFORMATION (RFI):
City of Cupertino
Library. Expansion Project (Prj. No. 2013-07) Agreement -Exhibit A
Consultant: Perkins+Will PAGE 13 OF 16
The CONSULTANT shall review Contractor Requests for Information and provide
a written response to the Contractor with a copy to the CITY, within five (5)
working days of receipt. The CONSULTANT's response shall provide, with
advance CITY approval, supplemental drawings and/or specifications necessary to
clarify the RFI.
Task 7.2 Deliverables: One (1) written copy and one (1) electronic copy (pdf) of the original RFI
and the CONSULTANT response.
7.3 CHANGE ORDERS:
7.3.1 CONSULTANT shall review and advise the CITY on requests by the
CITY or Contractor for changes in the construction of the PROJECT.
7.3.2 The CONSULTANT shall review City prepared Contract Change Orders
shall, where necessary, prepare Drawings and Specifications to describe Work to be
added, deleted or modified.
7.3.3 The CONSULTANT shall maintain all records relative to changes in the
construction. Upon completion, CONSULTANT shall incorporate all modifications
into contract record documents.
Task 7.3 Deliverables: One (1) original copy and one (1) electronic copy (pdf) of the
CONSULTANT change order review and any drawings and/or specifications produced to
accompany the change order.
7.4 SITE OBSERVATION
7.4.1 The CONSULTANT shall attend weekly construction meetings, provide
site observation, review Contractor's construction set while on site,
review the construction schedule, and provide a summary report of the
visit. The goal of these site visits is become familiar with the progress
and quality of construction, observe defects and deficiencies, and ensure
that the project construction conforms to the Contract Documents and the
baseline construction schedule.
Task 7.4 Deliverables: One (1) written copy and one (1)•electronic copy (pdf) of the
CONSULTANT weekly site visit report
7.5 BLANK
7.6 CONSTRUCTION CLAIMS AND DISPUTES
City of Cupertino
Library Expansion Project (Prj. No. 2013-07) Agreement -Exhibit A
Consultant: Perkins+Will PAGE 14 OF 16
The CONSULTANT shall advise the CITY on claims, disputes or other matters in
question between the CITY and Contractor. The CITY shall be the final arbiter in
all such matters.
Task 7.6 Deliverables: One (1) written copy and one (1) electronic copy (pdf) of the
CONSULTANT claim/dispute report.
7.7 CONSULTANT MEETINGS
The CONSULTANT shall include five (5) additional site meetings in the Construction
Administration phase and provide meeting minutes to the CITY within five (5) business
days.
Task 7.7 Deliverables: One (1) written copy and one (1) electronic copy (pdf) of the meeting
minutes.
7.80 PROJECT COMPLETION:
7.8.1 CONSULTANT shall obtain from the Contractor and forward to the
CITY, for the CITY's review and records, written warranties and related
documents required by the Contract Documents and assembled by the
Contractor, and shall issue a Punch List which denotes the portion of the
work of the PROJECT that needs to be completed by the Contractor based
upon a final observation indicating the construction of the PROJECT is in
general accordance with the requirements of the Contract Documents.
7.8.2 CONSULTANT's observations for Final Completion shall be conducted
with the CITY's designates( representative to check conformance of the
construction of the PROJECT with the requirements of the Contract
Documents Package and to verify the accuracy and completeness of the list
submitted by the Contractor of work to be completed or corrected.
7.8.3 When the construction of the PROJECT is found to be substantially
completed by CONSULTANT, CONSULTANT shall advise the CITY
about the balance of the PROJECT construction to be completed and
identify the remaining balance to be paid the Contractor, including any
amounts estimated needed to pay for Final Completion or correction of
the construction work.
7.9 RECORD DOCUMENTS AND PROJECT CLOSE-OUT
a. CONSULTANT shall review the Contractor's checklist for completion of all
required Contractor submittals and shop drawings as indicated in the Contract
Documents.
City of Cupertino
Library Expansion Project (Pij. No. 2013-07) Agreement -Exhibit A
Consultant: Perkins+Will PAGE 15 OF 16
b. CONSULTANT shall review Contractor -supplied operation and maintenance
manuals for completeness as noted in the Contract Documents.
c. CONSULTANT shall review contractor warranties as noted in the Contract
Documents.
d. CONSULTANT shall review final pay request from Contractor for accuracy as
noted in the Contract Documents.
e. CONSULTANT shall review for completeness the site as -built drawings and
specifications of the Contractor based upon record field Construction
Documents Package maintained by Contractor during construction as noted in
the Contract Documents.
f. CONSULTANT shall incorporate addenda, change orders, Request for
Information (RFI) and any other document revisions as well as as -built
drawings and specifications modifications by the Contractor into a record
documentation package to be provided to the CITY. The final documentation
package shall be in the form of one reproducible package and one (1) copy in
an electronic format compatible with CITY systems (i.e. latest version of
AutoCAD and MS Word) and PDF format.
g. CONSULTANT to complete all work necessary to achieve. LEED Silver
Certification.
TASK #8: ADDITIONAL SERVICES
Consultant services not specifically identified in the Scope of Services shall be
considered Additional Services. At the CITY's request, the CONSULTANT shall provide a fee
proposal for specific additional services consistent with the professional rate schedule in Section
END OF EXHIBIT A
City Of Cupertino
Library Expansion Project (Prj. No. 2013-07) Agreement -Exhibit A
Consultant: Perkins+Will . PAGE 16 OF 16
EXHIBIT B
SCHEDULE OF PERFORMANCE
LIBRARY EXPANSION PROJECT
CITY OF CUPERTENO, CALIFORNIA
This is an exhibit. attached to, and made a part of this Consultant Services
Agreement with THE CITY OF CUPERTINO ("City") and Perkins+Will ("Consultant")
for the provision of professional urban planning and architectural services ("Services")
CONSULTANT shall complete all work by December 31, 2014.
The following sets forth the distribution of CONSULTANT's Schedule of Performance for the
project. The CITY may approve in writing the extension of any milestone date set in this
Exhibit.
City of Cuperrtino
Library Expansion Project (Pi -j. No. 2013-07) Agreement -Exhibit B
ConRdtanC Perkins+Will PAGE I OF 2
2 weeks
Task #1:
Predesign work by
after execution the
agreement
3 weeks
Task #2:
Conceptual Design work by
after Notice to Proceed
(NTP) for this task
Schematic Design work by
Future - TBD
Task #3:
Future - Not in Contract
Design Development work by
Future - TBD
Task #4:
Future— Not in Contract
Construction Documents work by
.Future - TBD
Task #5:
Future — Not in Contract
Bidding and Award w/conforming set work by
Future - TBD
Task #6:
Future — Not in Contract
City of Cuperrtino
Library Expansion Project (Pi -j. No. 2013-07) Agreement -Exhibit B
ConRdtanC Perkins+Will PAGE I OF 2
Construction Administration Services/project close
Task #7: out and record documents Future -TBD
Future — Not in Contract
END OF EXHIBIT B
City Of Cupertino
Library Expansion Project (Prj. No. 2013-07) Agreement -Exhibit B
Consultant: Perkins+Will PAGE 2 OF 2
EXHIBIT C
COMPENSATION
LIBRARY EXPANSION PROJECT
CITY OF CUPERTINO, CALIFORNIA
This is an exhibit attached to, and made a part of this Consultant Services Agreement with
THE CITY OF CUPERTINO ("City') and Perkins= -Will ("Consultant") for the provision of
professional architectural services ("Services").
A. Maximum Compensation.
The CITY agrees to compensate CONSULTANT for professional service's 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 Sixty-
five Thousand Dollars ($ 65,000). . 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, Task No. 5 and inclusive of reimbursable expenses, for the lump -sum amount of
Seventy-five Thousand Dollars ($75,000), The maximum amount of Additional Services are
authorized under Section G of this Exhibit C is Ten Thousand Dollars ($10,000).
B. Method of Payment
For Task Nos. 1 through 7 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 sexvices performed, and reimbursable expenses
incurred if applicable, in completing that milestone under this AGREEMENT. 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. Earned value for submissions according to the EXHIBIT C,
Compensation Schedule shall not be considered earned until the Task Deliverable meets the
minimum work standards set for in the Appendix:.
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
City of Cupertino
Library Expansion Project (Prj. No. 2013-07) Agreement -Exhibit C
Consultant: Perkins+Will PAGE I OF 6
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.
C. Budget Schedule
The Budget Schedule for this AGREEMENT shall be as follows:
Task
Task No. Task Description Com__pensation
1 Predesign $ 20,000
2 Conceptual Design $ 45,000
3 Schematic Design - Future -Not in Contract n/a
4 Design Development - Future -Not in Contract n/a
5 Contract Documents - Future -Not in Contract n/a
6 Bidding and Award - Future -Not in Contract n/a
7 Construction Administration Services - n/a
Future -Not in Contract
8 Additional Services - authorized and paid $ 10,000
Pursuant to Subsection G below
TOTAL $ 75,000
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 Seventy -Five Thousand Dollars ($75,000).
City of Cupertino
Library Expansion Project (Prj. No. 2013-07) Agreement -Exhibit C
Consultant: Perkins+Will PAGE 2 OF 6
D. Payment Schedule
The Payment Schedule for this AGREEMENT shall be as follows:
Task
No.
Milestone
% of Task
Compensation
Paid Upon
Completion of
Task
1
Predesign
100
2
Conceptual Design
100
3
Schematic Design - Future -TBD
n/a
a. (65%) Submittal Approved
n/a
b. (95%) Submittal Approved
n/a
C. (100%) Submittal Approved
n/a
4
Design Development - Future -TBD
n/a
a. (65%) Submittal Approved
n/a
b. (95%) Submittal Approved
n/a
C. (100%) Submittal Approved
n/a
5
Contract Documents - Future -TBD
n/a
a. (65%) Submittal Approved
n/a
b. (95%) Submittal Approved
n/a
C. (100%) Submittal Approved
n/a
6
Bidding and Award - Future -TBD
n/a
a. Within 30 days of the City advertising for bids
n/a
City of Cupertino
Library Expansion Project (Prj. No. 2013-07) Agreement -Exhibit C
Consultant: Perkins+Will PAGE 3 OF 7
b Receipt of conformed set of"drawings Submittal n/a
No. 6b
7 Construction Administration - Future -TBD n/a
a.
30 calendar days after CITY issues Notice to n/a
a
Proceed to the contractor
b. Substantial completion n/a
Notice of Final Completion (City accepts
C. PROLECT) n/a
8 Additional Services - as authorized
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 lump sum 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 shall be the
responsibility of the CITY. There are no separate reimbursable expenses for Basic Services
performed under Tasks 1-7 of EXHIBIT A.
City Of Cupertino
Library Expansion Project (Prj. No. 2013-07) Agreement-Exhihit C
Consultant: Perkins+Will PAGE 4 OF 7
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 lump sum or a time and
material basis at the rates set forth herein, as authorized by the CITY. The CITY has set aside the
sum of Ten Thousand DOLLARS ($10,000.00) 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 CTTY 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 Schedule of
Consultant Hourly Rates for Additional Serivices included in this Exhibit C. The rates shown in
the Schedule of Consultant Hourly Rates for Additional Serivices shall stay in effect during the full
term of the contract. The CITY shall pay for Additional Services Invoices as provided for in this
EXHIBIT C.
SCHEDULE OF CONSULTANT HOURLY RATES FOR ADDITONAL SERVICES
Perkins+Will
Principal -
$295
Senior Project Manager
$220
Senior Project Architect/Designer
$210
Project Architect/Designer
$170
Architect/Designer III
$150
Architect/Designer III
$120
Architect/Designer I
$110
Senior Technical Coordinator
$210
Administrative
$90
Fehr & Peers
Principal $290
City Of Cupertino
Library Expansion Project (Prj. No. 2013-07) Agreement -Exhibit C
Consultant: Perkins+Will PAGE5 OF 7
Associate $170
Engineer/Planner $120
Graphics & Data Visualization $135
Administrative $110
Walker Parking
Principal
$255
Senior Project Manager/
$155
Senior Parking Consultant/
$145
Senior Engineer/Senior Architect
$235
Project Manager/parking Consultant
$195
Engineer/Architect
$170
Parking Analyst/Planner
$165
Designer
$150
Senior Technician
$145
Technician
$120
Field Auditor/Senior Admin Assistant
$95
Administrative Assistant
$80
TBD Consultants (Cost Estimator)
Principal
$165
Project Manager
$155
Senior MEP / Estimator
$145
Senior Scheduler
$150
Estimator/Scheduler
$135
Assist Estimator
$115
Administrative / Technical Support
$70
Public Dialogue Consortium
Project Team Lead $:190
Project Team Senior Consultant $160
Project Team Consultant $110
Public Dialogue Facilitators $50
BKF Engineers
Principal $209-$229
Engineering
City of Cupertino
Library Expansion Project (Pij. No. 2013-07) Agreement -Exhibit C
Consultant: Perkins+Will PAGE 6 OF 7
Associate
Project manager
Engineer IV
Engineer/Planner 1, I1, III
Design and Drafting
Technician I, II, III
Drafter I - IV
$182
$172-$178
$159
$112-$147
$109-$126
$84-$111
Construction Administration
Senior Construction Administrator $168
Resident Engineer $124
Project Assistant $70
END OF EXHIBIT C
City of Cupertino
Library Expansion Project (Prj. No. 2013-07) Agreement Exhibit C
Consultant: Perkins+Will PAGE 7 OF 7