10-099 Anderson Brule Architects, Inc., Quinlan Community Center Conceptual Design ManualCUPERTINO
AGREEMENT
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014
408-777-3200
BY THIS AGREEMENT, made and entered into this 1st day of October , 2010 , by and between the CITY OF
CUPERTINO (Hereinafter referred to as CITY) and Anderson Brule Architects Inc., Brad Cox; Address: 325
South First Street, 4th Floor, San Jose, CA 95113; Phone: 408-298-1885; e-mail: Brad@aba-arch.com .
(Hereinafter referred as CONSUL TANT), in consideration of their mutual covenants, the parties hereto agree as
follows:
CONSULTANT shall provide or furnish the following specified services and/or materials: Quinlan Community Center
Conceptual Design Manual
EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Exhibit "A" Proposal
TERMS: The services and/or materials furnished under this Agreement shall commence on October 1, 2010
and shall be completed before December 31, 2010.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONSUL TANT: Not to Exceed a
Lump Sum of $30,000.00 without written Approval from City
California Labor Code, Section 1771 requires the payment of prevailing wages to all workers employed on a Public Works cjll'lt[jact in excess of
$1,000.00. VI-E'ArT'l!l'D
GENERAL TERMS AND CONDITIONS JV JdnBD
Hold Harmless. A. Claims for Professional Liability; Where the law establishes a standard of care for Consultant's professional services, and to the extent the
Consultant breaches or fails to meet such established standard of care, or is alleged to have breached or failed to meet such standard of care, Consultant shall, to the
fullest extent allowed by law, with respect to all services performed in connection with the Agreement, indemnify, defend, and hold harmless the City and its officers,
officials, agents, employees and volunteers from and against any and all liability, claims, actions, causes of action or demands whatsoever against any of them, including
any injury to or death of any person or damage to property or other liability of any nature, that arise out of, pertain to, or relate to the negligence, recklessness, or willful
misconduct of Consultant or Consultant's employees, officers, officials, agents or independent contractors. Such costs and expenses shall include reasonable attorneys'
fees of counsel of City's choice, expert fees and all other costs and fees of litigation. Consultant shall not be obligated under this Agreement to indemnify City to the
extent that the damage is caused by the sole or active negligence or willful misconduct of City, its agents or employees.
B. Claims for other Liability. Consultant shall, to the fullest extent allowed by law, with respect to all services performed in connection with the Agreement, indemnify,
defend, and hold harmless the City and its officers, officials, agents, employees and volunteers against any and all liability, claims, actions, causes of action or demands
whatsoever from and against any of them, including any injury to or death of any person or damage to property or other liability of any nature, that arise out of, pertain to,
or relate to the negligence, recklessness, or willful misconduct of Consultant or Consultant's employees, officers, officials, agents or independent contractors. Such costs
and expenses shall include reasonable attorneys' fees of counsel of City's choice, expert fees and all other costs and fees of litigation. Consultant shall not be obligated
under this Agreement to indemnify City to the extent that the damage is caused by the sole or active negligence or willful misconduct of City, its agents or employees.
C. Claims involving intellectual property. In addition to the obligations set forth in (A) and (B) above, Consultant shall indemnify, defend, and hold the City, its elected
and appointed officers, employees, and volunteers, harmless from and against any Claim in which a violation of intellectual property rights, including but not limited to
copyright or patent rights, is alleged that arises out of, pertains to, or relates to Consultant's negligence, recklessness or willful misconduct under this Agreement. Such
costs and expenses shall include reasonable attorneys' fees of counsel of City's choice, expert fees and all other costs and fees of litigation.
Insurance. Should the City require evidence of insurability, Consultant shall file with City a Certificate of Insurance before commencing any services under this
Agreement. Said Certificate shall be subject to the approval of City's Director of Administrative Services.
Non-Discrimination. No discrimination shall be made in the employment of persons under this Agreement because of the race, color, national origin, ancestry, religion
or sex of such person.
Interest of Consultant. It is understood and agreed that this Agreement is not a contract of employment in the sense that the relationship of master and servant exists
between City and undersigned. At all times, Consultant shall be deemed to be an independent consultant and Consultant is not authorized to bind the City to any
contracts or other obligations in executing this agreement. Consultant certifies that no one who has or will have any financial interest under this Agreement is an officer or
employee of City.
Changes. This Agreement shall not be assigned or transferred without the written consent of the City. No changes or variations of any kind are authorized without the
written consent of the City.
CONTRACT CO-ORDINATOR and representative for CITY shall be: Terry W. Greene, City Architect, 408-777-3354
This Agreement shall become effective upon its execution by CITY, in witness thereof, the parties have executed this
Agreement the day and year first written above.
CONSULTANT: ~ By_~~~-~------------------
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Design Professional Agreement
CITY OF CUPERTINO·
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foP..Terry W, Greene, City Architect
EXPENDITURE DISTRIBUTION
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$30,000.00
Quinlan Community Center
Conceptual Design Manual
Phase Scope of Work (Included)
1 Aesthetic Improvements
a Create and document a direction for new branded
color palette for future phases of improvements.
Provide a materials and color list.
b Consider new finishes and materials for sign concepts.
Provide a materials and color list.
c Identify concept for lobby and Customer Service Area
improvements including lobby kiosk, community
information, entry to Parks and Recreation and desk
configuration. Provide conceptual plans and sketches.
d Identify location for Community Information Wall and
provide 1-2 concepts for thts space. Provide
conceptual plan and sketches.
2 Environmental Improvements
a Create 1-2 concepts for acoustical finishes for Public
Hallways and Lobby based on observations and best
practices in acoustical design. Provide digital
photographs and scope narrative.
b Create 1-2 concepts for solar options for building
and/or parking lot. Provide plan and scope narrative.
Anderson Brule Architects, Inc.
9/17/2010
Scope of Work (Optional, not currently included)
Aesthetic Improvements
Refine new branded color palette and provide basic
information in the form of a color board or binder
Create new sign design and locations and provide
details about size, material, and mounting as needed
Refine design for Lobby and Customer Service Area
improvements and provide plans, elevations, details
and product information as needed
Refine location and design for Community Information
Wall and provide plans, elevations, details and product
information as needed
Environmental Improvements
Refine design for acoustical finishes for Public
Hallways and Lobby and provide plans, elevations,
details and product information as needed
ABA to consult with Acoustical Engineer and provide
report
Refine design for solar options for building and/or
parking lot and provide plans, elevations, details and
product information as needed
ABA to consult with Solar Engineer and provide report
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~A
Quinlan Community Center
Conceptual Design Manual
Phase Scope of Work (Included)
3
c Provide Operational and Energy observations and
recommendations for improvements based on best
practices. Provide scope narrative.
d Provide observations about accessibility for the
following spaces: Front Desk, Toilet Rooms, Entry and
Parking (path of travel). Provide plan and scope
narrative.
Furniture
a Assess and prioritize focations for new furniture items.
Provide digital photographs and report of existing
furniture.
b Provide plan concepts for new furniture and finishes in
the Lobby, Seating Areas and classrooms.
Anderson Brule Architects, Inc.
9/17/2010
Scope of Work (Optional, not currently included}
Refine recommendations for Operational and Energy
Improvements and provide documentation as
necessary which may include plans, elevations, details
and product information
ABA to consult with Mechanical Engineer and provide
report
Refine design for specific accessibility improvements,
and provide plans, elevations, detal!s and product
information as needed.
Provide full accessibility report from consultant
Furniture
Provide concepts for new furniture and finishes as
defined in the Basic Scope of Work
Provide specifications for new furniture and finishes
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Quinlan Community Center
Conceptual Design Manual
Phase
4
Fee
Scope of Work {Included)
Meetings, Cost Analysis, Funding
a Site Walk, 1 visit
b Project kick off meeting, 1 meeting
c Concept Review meeting, 1 meeting
d Final Meeting & Presentation of Deliverable, 1 meeting
e Develop Conceptual Cost information, relative to
cost/sf, and other preliminary costing methods. These
will not consist of quantity take-offs or estimates
based on materials and labor. This information is
intended to assist the City with their budget
development
Lump sum which in dudes project expenses such as
travel, printing and 3 color wire_ bound reports and a
pdf copy of the report
$30,000.00
Anderson Brule Architects, Inc
9/17/2010
Scope of Work (Optional, not currently included)
Meetings, Cost Analysis, Funding
Foflowing are examples of additional meetings that the
City may request: _
-Staff & User Workshop, 2 meetings over the course
of 1 day
-Staff Workshop & User Web Survey, 1 half-day
meeting plus Survey
-Additional Design Review Meetings
Furniture Review Meeting(s)
-Other Meetings, associated with any other optional
work
Conceptual Cost Model by consultant
Grant Application Support -Provide hourly assistance
with preparing grant applications such as PG&E Savings
by Design, etc.
TBD
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