15-166 Studios Architecture, Marina Plaza Design ReviewSHORT FORM AGREEMENT
CUPERTINO
(Less than $5,000)
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014
408-777-3200 NO. 2016-296
This Agreement, made and entered into this 22nd day of September, 2015, (the "Effective Date") is by and
between the City of Cupertino (hereinafter "City") and Studios Architecture, 405 Howard Street, Suite 588, San
Francisco, California 94105 (hereinafter "Contractor"), in consideration of their mutual covenants, the parties agree
as follows:
A. SCOPE OF SERVICES. Contractor shall provide or furnish the following specified services and/or
materials: Marina Plaza Design Review.
Check box if services are further described in Exhibit A. IZI
B. TERM: The services and/or materials furnished under this Agreement shall commence on September 22,
2015 and shall be completed no later than June 30, 2016.
C. COMPENSATION: For the full performance of this Agreement, CITY shall pay Contractor a total
amount not to exceed One thousand and eight hundred dollars ($1,800.ClO), as set forth in Exhibit A.
California Labor Code, Section 1771 requires the payment of prevailing wages to all workers employed on
a Public Works contract in excess of$1,000.00. Contractor shall comply with all applicable provisions of
law, including, without limitation, Labor Code Sections 1771, 1776, 1777.5 and 1810.
D. EXHIBITS: The following attached exhibits hereby are made part of this Agreement:
IZ!Exhibit "A" -Scope of Services
DExhibit "B"-Compensation
DExhibit "C"-Special Requirements
GENERAL TERMS AND CONDITIONS
1. Hold Harmless. Contractor shall, to the fullest extent allowed by law and without limitation of the provisions of
this Agreement related to insurance, with respect to all services perfonned 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, cm1ses 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, whether physical,
emotional, consequential or othe1wise, arising out, pertaining to, or related to the negligent performance of this
Agreement by Contractor or Contractor'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. The acceptrn1ce of the Services by City shall not operate as a waiver of the right of
indemnification. The provisions of this Section survive the completion of the Services or termination of this
Contract.
2. Subcontracting. Contractor has been retained clue to their unique skills and Contractor may not substitute
another, assign or transfer any rights or obligations under this Agreement. Unless prior written consent from City is
obtained, only those people whose names are listed this Agreement shall be used in the performance of this
Agreement.
3. Assignment. Contractor may not assign, transfer, or subcontract this Agreement or any portions thereof, without
prior written consent of City.
4. Insurance. Contractor shall maintain the following insurance coverage, with the City as an additional named
insured, and provide a Certificate of Insurance and Additional Insured Endorsement consistent with the following
requirements:
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Ci1y ofCnpertino -Slmlio~ Architecrure. l\frlfina Plnza Design Review-9:'22/15
(a) Workers' Compensation: Statutory coverage as required by the State of California.
(b) 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.
(c) Automotive: Comprehensive automotive liability coverage in the following minimum limits:
Bodily Injmy: $500,000 each occurrence
Property Damage: $100,000 each occurrence
or
Combined Single Limit: $500,000 each occurrence
(cl) Professional Liability: Contractors in regulated professions shall maintain professional liability
insurance which includes coverage for the professional acts, eirnrs and omissions of Contractor in the amount of at
least $1,000,000.
5. Subrogation Waiver. Contractor agrees that in the event of loss due to any of the perils for which it has agreed to
provide comprehensive general and automotive liability insurance, Contractor shall look solely to its insurance for
recove1y. Contractor hereby grants to City, on behalf of any insurer providing comprehensive general and
automotive liability insurance to either Contractor or City with respect to the services of Contractor herein, a waiver
of any right to subrogation which any such insurer of said Contractor may acquire against City by virtue of the
payment of any loss under such insurance.
6. Termination of Agreement. In the event Contractor fails or refuses to perform any of the provisions hereof at
the time and in the manner required hereunder, Contractor shall be deemed in default in the performance of this
Agreement. If Contractor fails to cure the default within the time specified and according to the requirements set
forth in City's written notice of default, and in addition to any other remedy available to the City by Jaw, the City
Manager may tenninate the Agreement by giving Contractor written notice thereof, which shall be effective
immediately. The City Manager shall also have the option, at its sole discretion and without cause, of terminating
this Agreement by giving seven (7) calendar clays' prior written notice to Contractor as provided herein. Upon
receipt of any notice of termination, Contractor shall inm1ediately discontinue performance.
7. Non-Discrimination. Contractor shall not discriminate against a job applicant, employee, City employee, or a
citizen on the basis of race, color, national origin, ancestry, religion, gender, sexual orientation or other protected
class of such person.
8. Interest of Contractor. 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, Contractor shall
be deemed to be an independent contractor and Contractor is not authorized to bind the City to any contracts or other
obligations in executing this Agreement. Contractor certifies that no one who has or will have any financial interest
under this Agreement is an officer or employee of City. City shall have no right of control as to the manner
Contractor performs the services to be performed. Nevertheless, City may, at any time, observe the manner in which
such services are being performed by the contractor. Contractor shall comply with all applicable Federal, State, and
local laws and ordinances including, but not limited lo, unemployment insurance benefits, FICA Jaws, and the City
business license ordinance.
9. Permits and Licenses. Contractor, at his/her own expense, shall obtain and maintain during the term of this
Agreement, all appropriate pern1its, licenses, and certificates including but not limited to a City business license, that
may be required in connection with the performance of services under this Agreement.
10. Reports and Records. Each and every report, draH, work product, map, record and other document, hereinafter
collectively referred to as "Report", reproduced, prepared or caused to be prepared by Contractor pursuant to or in
connection with this Agreement, shall be the exclusive property of City. Contractor shall not copyright any Report
required by this Agreement and shall execute appropriate documents to assign to City the copyright to Reports
created pursuant to this Agreement. Any Report, information and data acquired or required by this Agreement shall
become the property of City, and all publication rights are reserved to City. Contractor may retain a copy of any
report famished to the City pursuant to this Agreement.
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City ofCnpenino -Slmlios Architecrure, iVhll'imi Plaza Dcsigu Review-9122115
Contractor 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, 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. Contractor shall provide free
access to such books and records to the representatives of City or its designees at all proper times, and gives City the
right to examine and audit same., and to make transcripts therefrom as necessary, and to allow inspection of all work,
data, documents, proceedings and activities related to this Agreement. Such records, together with supporting
documents, shall be kept separate from other documents and records and shall be maintained for a period of three (3)
years after Contractor receives final payment from City for all services required under this agreement.
11. Changes. 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: Erick Serrano, Assistant Planner,
Community Development Department
In witness thereof, the parties have executed this Agreement the day and year first written above.
CONTRACTOR:
By:~~~""---""""---'-----+----"~~~~~~
Title: _ __._-LJ~!"'L,,,,.........,,__ __ ~-------
DATE
EXPENDITURE DISTRIBUTION
ACCOUNT NUMBER
DATE
100-71-701 900-995
PO# 2016-296
DATE
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City ofC'npertino -Studios Architecture. !\farina Plaza Design Review -9/22/15
AMOUNT
$1,800.00
Date:
re
September 12, 2015
Mr. Erick Serrano
Assistant Planner
City of Cupertino
Community Development Department
10300 Torre Avenue
Cupertino, CA 9501 O
City of Cupertino Design Review Consultation
Marina Plaza -Design Review
Cupertino, California
Exhibit A
405 Hownrd
Son Froncisco, CA 94105
415 398 15 7 r3
41s :398 33;~, fox
www.stud iosorchitccture .corn
STUDIOS Architecture (STUDIOS) is pleased to submit this proposal for Architectural Consulting
Services to the City of Cupertino Planning Department.
Assist the City of Cupertino Planning Staff in Site and Architectural Design Review of
development proposals submitted to the City of Cupertino for review and approval.
OF , .. ,p•gJ•V
David Sabalvaro, AJA LEED AP, a Principal of STUDIOS Architecture shall provide the
following limited consulting services:
A. Review submitted development proposal generally consisting of site plans, floor plans,
sections, elevations, renderings and written information.
B. Provide initial comments, rendering opinions for design improvement per City of Cupertino
requirements, design guidelines and policies.
C. Provide comments, and/or mark-ups, etc. and discuss with City of Cupertino Planning Staff
via telephone and/or email prior to meeting.
D. Attend a Project Briefing with Cupertino Planning Staff and Review Meeting with Project
Applicant to discuss initial comments and potential responses to comments. (Cupertino
Visit -Meeting #1)
Mr. Erick Serrano
City of Cupertino
Consulting Services
September 12, 2015
E. Review Responses and Re-Submittal package from Project Applicant and comment.
F. Attend Response Review Meeting with Project Applicant and City Planning Staff (Cupertino
Visit -Meeting #2)
EXCUJOED:
A. Consulting Services are limited to those listed above. Actual Design Services or Major Re-
Design of proposed developments are not anticipated and not included in the proposed
scope of services.
B. The proposed compensation excludes any sub consultants for detailed review outside of
general architectural design issues.
C. It is assumed that adequate review time will be provided
~.
For the above referenced scope of services, we propose to be compensated on a Time and
Material Basis.
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A. Hourly Rates:
Assumed Maximum Man-hours:
David Sabalvaro, AIA LEED AP
Principal
12 man-hours @
$150.00/Hour = $1,800.00 (includes 2 Site Meetings)
(Note: Travel time to the City of Cupertino from the City of San Francisco and back will
also be billed when required to attend informal review meetings.)
B. Sub-Consultant Services:
Sub-Consultant services are not anticipated at this time and thus are not included here. If it
is determined during the course of the project, that the services of a consultant are
required, STUDIOS will submit a separate proposal.
C. Reimbursable Expenses (if required)
Mr. Erick Serrano
City of Cupertino
Consulting Services
September 12, 2015
Normal project related reimbursable expenses such as printing, postage, delivery
services, long distance phone calls (excluding 405,510,650 Area Codes), facsimile
transmissions, mileage, GADD plots, and special project-related supplies will be charged
at 1.1 times the cost to STUDIOS.
A. Preliminary Review -1 week
B. Project Briefing/Project Applicant Meeting -1week
C. Response Review and Comment -1 week from Re-submittal
D. Final Project Applicant Meeting -1week
City of Cupertino Consultant Services Agreement
Thank you for the opportunity to present this proposal. Please provide a Purchase Order for this project
and Invoice instructions, policies and procedures.
Sincerely,
STUDIOS Architecture
t?li-~~
David Sabalvaro, AIA LEED AP
Principal
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