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85-041 Holland East and Duvivier, Inc. Library - Civic Center Expansion Reso 6593RESOLUTION NO. 6593 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF AGREEMENT WITH HOLLAND EAST AND DUVIVIER, INC. PROVIDING FOR SERVICES FOR CIVIC CENTER EXPANSION WHEREAS, the City is desirious of engaging the services of a consultant to prepare the conceptual design for the Civic Center Expansion project; and WHEREAS, the firm of Holland East and Duvivier, Inc., is qualified and willing to provide the necessary services; and WHEREAS, an agreement between the City of Cupertino and Holland East Duvivier, Inc. outlining the terms and conditions of the required services, has been presented to the. City Council; and said agreement having been approved by the Director of Public Works and the City Attorney; NOW, THEREFORE, BE IT RESOLVED, that the Mayor and the City Clerk are hereby authorized to execute the agreement herein referred to in behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 17t-h day ofJune 1985 by the following vote: Vote Members of the City Council AYES: Gatto, Plungy, Rogers, Sparks, Johnson THIS IS TO CERTIFY THAT THE WITHIN NOES: None INSTRUMENT IS A TRUE AND CORRECT COPY ABSENT: None OF THE ORIG,f L ON ON FILE IN THIS OFFICE, ABSTAIN: None ATTES3T 0111-� CITY C 0 FTH E CITY 0 11IN0 ATTEST: /s/ Dorothy.Cornelius City Clerk APPROVED:Gy 1s,-1 Phil. N. Johns�on Mayor, City of Cupertino RETURN TO: CITY CLERK CITY OF CUPERTINO C L E-R K I THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document B141 Standard Form of Agreement Between Owner and Architect 1977 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY 15 ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION AGREEMENT made as of the day of in the year of Nineteen Hundred and Eighty -Five BETWEEN the Owner: CITY OF CUPERTINO and the Architect: HOLLAND, EAST & DUVIVIER, INC. , Architects 460 Seaport Court, Suite 202 Port of Redwood City, California 94063 For the following Project: (include detailed description of Project location and scope.) Library and City Hall Expansion/Modifications: as described in the attached Exhibit "A" The Owner and the Architect agree as set forth below. Copyright 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1%7. 1970, 1974, Cc 1977 by The American institute of Architects, 1735 New York Avenue, N.W., Washington, D.C. 20006. Reproduction of the material herein or substantial quotation of its Provisions without permission of the AIA %iolaies the copyright laws of the United `.afe% and will be subject to legal prosecution. AIA DOCUMENT B141 - OWNER -ARCHITECT AGREEMENT - THIRTEENTH EDITION - )LAY 1977 - AIA IF 1977 THE AMERICAN INSTITUlf OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., %%,%SHINGTON, D.C. 20M B141-1977 1 (This Page Is Blank) TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 1 ARCHITECT'S SERVICES AND RESPONSIBILITIES BASIC SERVICES The Architect's Basic Services consist of the five phases described in Paragraphs 1.1 through 1.5 and include normal structural, mechanical and electrical engineering services and any other services included in Article 15 as part of Basic Services. ' I 1.1 SCHEMATIC DESIGN PHASE 1.1.1 The Architect shall review the program furnished by the Owner to ascertain the requirements of the Project and shall review the understanding of such requirements with the Owner. 1.1.2 The Architect shall provide a preliminary evalua- tion of the program and the Project budget requirements, each in terms of the other, subject to the limitations set forth in Subparagraph 3.2.1. 1.1.3 The Architect shall review with the Owner alterna- tive approaches to design and construction of the Project. 1.1.4 Based on the mutually agreed upon program and Project budget requirements, the Architect shall prepare, for approval by the Owner, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. 1.1.5 The Architect shall submit to the Owner a State- ment of Probable Construction Cost based on current area, volume or other unit costs. DESIGN DEVELOPMENT PHASE 1.\anad sed on the approved Schematic Design ocu- md any adjustments authorized by the O ner in thram or Project budget, the Architect all pre- papproval by the Owner, Design velopment Dnt onsisting of drawings and of r documents tod d ribe the size and charac r of the entire Prs to ar itectural, structural, m hanicaI and elec- tritems, ma riafs and such O er elements as may bepriate,1.e Architects 11 sub to the Owner a further Stt of Probable St ction Cost. 1.3 CONSTRUCTION DOC NTS PHASE 1.3.1 Based on the ap roved sign Development Doc- uments and any furt r adjustn' in the scope or qual- /onditions e Project in the Project dget authorized by er, the rchitect shall prepa , for approval by er, C struction Documents co listing of Draw - Sp lfications setting forth in det 'I the require- r e construction of the Project. e Architect shall assist the Owner in th repara- he necessary bidding information, biddin forms, itions of the Contract, and the form of ree- ween the Owner and the Contractor. 1.3.3 The Architect shall advise the Owner of any adjust ments to previous statements of Probable onstC� ructi ost indicated by changes in requirements or gener arket conditions. 1. 4 The Architect shall assist the Owner in connec on wit the Owner's responsibility for filing documen re- quir d for the approval of governmental authoritie hav- ing j isdiction over the Project. 1.4 B DING OR NEGOTIATION PHASE 1.4.1 a Architect, following the Owner's a roval of the Cons uction Documents and of the lates tatement of Probab Construction Cost, shall assist th Owner in obtaining ids or negotiated proposals, d assist in awarding a preparing contracts for cons uction. 1.5 CONSTR ION PHASE—ADMINISTRAT N OF THE C STRUCTION CONTRACT 1.5.1 The Con ruction Phase will co mence with the award of the Can act for Construction nd, together with the Architect's ab ation to provide asic Services under this Agreement; wi terminate when inal payment to the Contractor is due, o in the absent of a final Certificate for Payment or of suc due date, s' ty days after the Date of Substantial Comple 'on of the ork, whichever occurs first. 1.5.2 Unless otherwise roved d in this Agreement and incorporated in the Con act ocuments, the Architect shall provide administratio the Contract for Construc- tion as set forth below an n the edition of AIA Docu- ment A201, General Condi s of the Contract for Con- struction, current as of the a of this Agreement. 1.5.3 The Architect sh I be a representative of the Owner during the Con ructio Phase, and shall advise and consult with the ner. Ins -uctions to the Contrac- tor shall be forwarde through t Architect. The Archi- tect shall have auth ity to act on behalf of the Owner only to the extent rovided in the ontract Documents unless otherwise odified by writt instrument in ac- cordance with Su aragraph 1.5.16. 1.5.4 The Arch' ect shall visit the si at intervals ap- propriate to th stage of construction r as otherwise agreed by the Architect in writing to b . ome generally familiar with e progress and quality of t Work and to determine i general if the Work is procee• gin accord- ance with t e Contract Documents. Howev , the Archi- tect shall of be required to make exhaus e or con- tinuous o -site inspections to check the quali 'or quan- tity of t e Work. On the basis of such on -sit observa- tions a an architect, the Architect shall keep th Owner infor d of the progress and quality of the W k, and shall ndeavor to guard the Owner against defe s and deli encies in the Work of the Contractor. 1.5 The Architect shall not have control or char of a shall not be responsible for construction me s, ethods, techniques, sequences or procedures, or r fety precautions and programs in connection with t _Nork, for the acts or omissions Of the Contractor, Sub AIA DOCUMENT B141 • OWNER -ARCHITECT AGREEMENT • THIRTEENTH EDITION • JULY 1977 • AIAe • © 1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW PORK AVENUE, N.W., WASHINGTON, D.C. 20006 B141-1977 3 contractors or any -other persons pertorming any orq. 1�o r k , in accordance the failure of any of them to carry out I or with the Contract Documents, 1. 6 The Architect shall at all times have access to he W k wherever it is in preparation or progress. 1.5. The Architect shall determine the amounts wing to th Contractor based on observations at the site nd on evalua ions of the Contractor's Applications for P yment, and sh I issue Certificates for -Payment in such mounts, as provi ed in the Contract Documents. 1.5.8 Th issuance of a Certificate for Pay ent shall constitute representation by the Architect to he Owner,' based on t e Architect's observations at.th site as pro- vided in Su aragraph 1.5.4 and on the d a comprising the Contract is Application for Payment, hat the.Work has progresse to the point indicated; th , to the best of the Architect's owledge, information an belief; the qual- ity of thef Work s in accordance with t Contract Docu- ments (subject an evaluation of t e Work for. con- formance with th Contract Docume s upon Substantial Completion, to th results of any bsequent tests re- quired by or perfo ed under the ontract Documents, under to minor deviations frorn thee Con ract Documents cor- rectable prior to com letion, and t any specific qualifica- tions stated in the Ce ificate for ayment); and that the Contractor is entitled t aymen in the amount certified. However, the issuance a ae tificate for Payment shall I n aa not be a representation t Architect has made any on examination to ascertain oww and for what purpose the Contractor has used the eys paid on account of the Contract Sum. 1.5.9 The Architect shall the interpreter of the re- quirements of the Contra D cuments and the judge of the performance t ereu der y both the Owner and Contractor. The Archite shall, rider interpretations nec- essary for the proper e ecution r progress of the Work with reasonable prom tness on ritten request of either I the Owner or the Co ractor, and all render written de- cisions, within a rea nable n a time, t� 11 claims, disputes and other matters i question betwe the Owner and the W Lit,ti Contractor relatin to the execution or progress of the Work or the inter retation of the Con ract Documents. 1.5.10 Interpre tions and decisions of he Architect shall be consistent w h the intent of and rea onably inferable from the Cont ct Documents and shall e in written or graphic form. In the capacity of interpr er and judge, the Archiec shall endeavor to secure fai ful perform- ance by bo the Own - er and the Contrac r, shall not show parti ity to either, and shall not be I ble for the result of a y interpretation or decision rende d in good faith in s ch capacity. 1.5.11 he Architect's decisions in matters r ating to artistic ffect shall be final if consistent with the tent of the C ntract Documents. The Architect's decio ns on any ther claims, disputes or other matters, in uding thos in question between the Owner and the Contr ctor, sha be subject to arbitration as provided in this A ree- m t and in the Contract Documents. .12 The Architect shall have authority to reject W( ich does not conform to the Contract Documer )enever, in the Architect's reasonable opinion, it ecessary or Mvisable for the implementation of the inten f the Contract Documents, the Architect will have autho i to require special inspection or testing of the Work n ac ordance with the provisions of the Contract D u- me ts, whether or not such Work be then fabricate in- stall or completed. 1.5.13 The Architect shall review and approve r -take other a propriate action upon the Contractor's su mittals such as hop Drawings, Product Data and Sa les, but only for onformance with the design conce t of the n Work awith the information given in th Contract In 'or a w Document Such action shall be taken it reasonable promptness o as to cause no delay. TheA hitect's ap- proval of a s cific item shall not indicate proval of an assembly of ich the item is a compone t. 1.5.14 The Ar itect shall prepare Ch ge Orders for the Owner's ap oval and execution i accordance with the Contract Doc ents, and shall hav authority to order minor changes in e Work not invo ing an adjustment in the Contract Sum or an extension f the Contract Time which are not incons tent with the tent of the Contract Documents. 1.5.15 The Architect s all cond ct inspections to deter- mine the Dates of Subst ntial C mpletion and final com- pletion, shall receive an for rd to the Owner for the Owner's review writtenn w ra ies and related documents wri tten it Cont ract tri required by the Contract uments and assembled by the Contractor, and shall is e a final Certificate for Pay- ment. 1.5.16 The extent of the duti , responsibilities and lim- itations of authority of t e Arc *tect as the Owner's rep- resentative during con ruction all not be modified or extended without writ n consent f the Owner, the Con- tractor and the Archi ct. 1.6 PROJECT REPRE NTATION BEYO BASIC SERVICES 1.6.1 if the Ow r and Architect akee that more ;ent tensive repre, ,t On at the site tha is described Paragraph 1.5 s be provided, the Ar hilect shall p Pr, vide one or Project Representativ s to assist t Architect in c rying out such responsibilit s at the -sit 1.6.2 Such I /roject . Representatives shall be elected, e ployed and irected by the Architect, an e Archit shall be ctmpensated therefor as mutually greed th t �v e e ra pt Owner and the Architect as set fort in an e/ fort h1bI t rided to this Agreement, which sh I descr the clutts, responsibilities and limitations of a t ority h W h the a e b e e I t d r r a mutually U Se I i n b IT t a i s i e d le y S t f d t C elected, e a t e t s t e c S a C A g h S if r s h I t i e sh all e r I n ' therc e o I Ch Sha I de s d e I d a s t Arch n p e i I t t I U t 0 i C r y )n \a S of r t such 'Prject Representatives. JC 1.6.3 Through the observations by such Project ep t provide f I, Sent tives, the Architect shall endeavor to provide f tl pr ection for the Owner against defects and deficie in he Work, but the furnishing of such project represe t' n shall not modify the rights, responsibilities or obli ions of the Architect as described in Paragraph 1.5. ex - in ro- he e. m- ect be- ex- ibe A eres 1.7 ADDITIONAL SERVICES The following Services are not included in Basic Services unless so identified in Article 15. They shall be provided if authorized or confirmed in writing by the Owner, and they shall be paid for by the Owner as provided in this Agreement, in addition to the compensation for Basic Services. AIA DOCUMENT B141 - OWNER -ARCHITECT AGREEMENT - THIRTEENTH EDITION - JULY 1977 - AIAS - cc 1977 4 B141-1977 THE AMERICAN INSTITUTE or ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 1:a:6 1.7.2 Providing financial feasibility or other special .73 Providing planning surveys, site evaluations, envi- ronmental shes, and preparing special surveys, studies and submis- sions required for approvals of governmental authorities or others having jurisdiction over the Project. 1.7.4 Providing services relative to future facilities, sys- tems and equipment which are not intended to be xon- st,vcteddudng the Construction Phase. 1.7.5 Providing services mo investigate existing conditions or facilities o, to make measured drawings thereof, or to verify the accuracy o{drawings or other information fur- nished by the Owner. 1.I6 Preparing documents of alternate, separate or sequential bids orproviding extra Services in connection with 6766|ng, negotiation o, construction prior to the completion of the Construction Documents Phase, when equest*d.bythe Owner. 1.7.7 Providing coordination of Work performed by separate contractors o/6ythe Owner's own forces. 1.7.8 Providing services in connection with the work of a construction manager or separate consultants retained bythe Owner. 1,7.9 Providing Detailed Estimates ofConstruction Cog, analyses ofowning and operating cogs or detailed quan- tity surveys or inventories of material, equipment and labor. . 1.7.18 Providing interior design and other similar ser- vices required for or in connection with the selection, procurement or installation o/ furniture, furnishings and related equipment. 1.7.11 Providing services for planning tenant or rental spaces. 1.7.12 Making revisions in Drawings, Specifications or other documents when such revisions are inconsistent with "vhucn approvals or instructions previously given, are required 6ythe enactment orrevision of codes, |ave urregulations subsequent om the preparation ofsuch doc- uments or are due to other cause* not solely within the control of the Architect. 1�.18 Preparing Drawings,Specifications anJ supporting data and providing other services in connection with Change Orders to the extent that the adjustment in the Basic Compensation resulting from the adjusted Con- re- quired of the Architect, provided such Change Orders are required by causes not solely within the control of the 1.7.14 Making investigations, surveys, valuations, inven- tories or detailed appraisals of existing facilities, and serv- ios required inconnection with construction performed by the Owner. 7JJ5 Providing consultation concerning replacement of con- struction, and furnishing services as may be ,eouiny] in connection with the replacement of such Work. 1.7.16 Providing services made 'necessary by the default of the Contractor, urby major defects or deficiencies /n the Work ofthe Contractor, orbyfailure ofperformance of either the Owner orContractor under ,he Contract for Construction. 1.7.17 Preparing a ag of reproducible record drawings showing significant changes in the Work made duringconstruction based on marked -op prints, drawings and other data furnished 6ythe Contractor to the Architect. _ 1'7'10 Providing extensive assistance inthe utilization of any equipment or system such as initial start-up or testing, adjusting and balancing, preparation of wpamdun and maintenance manuals, training personnel for operation and maintenance, and consultation during operation. , 1.7.19 Providing services after issuance to the Owner of ,he final Certificate for Payment, or in the absence of a final Certificate for Payment, more than sixty days after the Date ofSubstantial Completion ofthe Work. 1,7.20 Preparing to serve or serving as an expert witness in connection with any public hearing, arbitration pro- ceeding orlegal proceeding. 1.7.21 Providing Services o/ consultants for other than the normal architectural, structural, mechanical and elec- trical engineering services for the Project. 1,7.22 Providing any other services not otherwise in- cluded in this Agreement or not customarily furnished in accordance with generally accepted architectural practice. 1.8 TIME 1.0.1 The Architect shall perform Basic and Additional Services as expeditiously as bconsistent with professional skill and care and the orderly progress o[the Work. Upon request ofthe Owner, the Architect shall submit for the Owner's approval usche6u|e for the performance ofthe Architect's services which shall be adjusted as required as the Project 6 and shall include a||ovroncesfor peri- ods o/time required for the Owner's review and approval of submissions and /o, approvals of authorities having isdichor�over the Project. This schedule, when approved by the Owner, shall not, except for reasonable cause, be exceeded by the Architect. ARTICLE 2 THE OWNER'S RESPONSIBILITIES 21 The Owner shall provide full information regarding requirements for il�`e Project including a pn/ymn,, which shall set forth the Owner's design objectives, constraints and criteria, including space requirements and eYahon- ships,flexibility and expandability, special equipment and systems and site requirements. 22 // the Owner provides a budget for the Project it shall include contingencies for bidding, changes in the Work during construction, and other costs which are the responsibility o/ the Owner, including those 6cnchbe6 in this A,|i6o 3 and in Subparagraph 3]I The Owner shall, at the request o/ the Architect, provide o statement o/ funds available for the Project, and their source. AIADOCUMENT m« ^ OWNER -ARCHITECT AGREEMENT ^ THIRTEENTH EDITION `/on`nv'Am«^Q 1977 2.3 The Owner shall designate, when necessary, a rep- resentative authorized to act in the Owner's behalf with respect to the Project. The Owner or such authorized representative shall examine the documents submitted by the Architect and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the Architect's services. 2.4 The Owner shall furnish a legal description. and a certified land survey of the site, giving, as applicable, grades and lines of streets, alleys, pavements and adjoin- ing property; rights -of -way, restrictions, easements, en- croachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and complete .data pertaining to existing buildings, other improvemerlts and trees; and full information concerning available serv- ice and utility lines both public and private, above and below grade, including` inverts and depths. 2.5 The Owner shall furnish the services of soil engi- neers or other consultants when such services are deemed necessary by the Architect. Such services shall include test borings, test pits, soil bearing values, percolation tests, air and water pollution tests, ground corrosion and resistivity tests, including necessary operations for determining sub- soil, air and water conditions, with reports and appropri- ate professional recommendations. 2.6 The Owner shall furnish structural, mechanical, chemical and other laboratory tests, inspections and re- ports as required by law or the Contract Documents. 2.7 The Owner shall furnish all legal, accounting and in- surance counseling services as may be necessary at any time for the Project, including such auditing services as the Owner may require to verify the Contractor's Applica- tions for Payment or to ascertain how or for what pur- poses the Contractor uses the moneys paid by or on be- half of the Owner. 2.8 The services, information, surveys and reports re- quired by Paragraphs 2.4 through 2.7 inclusive shall be furnished at the Owner's expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof. 2.9 If the Owner observes or otherwise becomes aware of any fault or defect in the Project or nonconformance with the Contract Documents, prompt written notice thereof shall be given by the Owner to the Architect. 2.10 The Owner shall furnish required information and services and shall render approvals and decisions as ex- peditiously as necessary for the orderly progress of the Architect's services and of the Work. ARTICLE 3 CONSTRUCTION COST 3.1 DEFINITION 3.1.1 The Construction Cost shall be the total cost or estimated cost to the Owner of all elements of the Project designed or specified by the Architect. 3.1.2 The Construction Cost shall include at current market rates, including a reasonable allowance for over- head and profit, the cost of labor and materials furnished by the Owner and any equipment which has been de- signed, specified, selected or specially provided for by the Architect. , 3.1.3 Construction Cost does not include the compen- sation of the Architect and the Architect's consultants, the cost of the land, rights -of -way, or other costs which are the responsibility of the Owner as provided in Arti- cle 2. 3.2 RESPONSIBILITY FOR CONSTRUCTION COST 3.2.1 Evaluations of the Owner's Project budget, State- ments of Probable Construction Cost and Detailed Estimates of Construction Cost, if any, prepared by the Architect, represent the Architect's best judgment as a design professional familiar with the construction indus- try. It is recognized, however, that neither the Architect nor the Owner has control over.the cost of labor, mate- rials or equipment, over the Contractor's methods of de- termining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Project budget proposed, established or approved by the Owner, if any, or from any Statement of Probable Construction Cost or other cost estimate or evaluation prepared by the Archi- tect 3.2.2 No fixed limit of Construction Cost shall be estab- lished as a condition of this Agreement by the furnishing; proposal or establishment of a Project budget under Sub- paragraph 1.1.2 or Paragraph 2.2 or otherwise, unless such fixed limit has been agreed upon in writing and signed by the parties hereto. If such a fixed limit has been estab- lished, the Architect shall be permitted to include con- tingencies for design, bidding and price escalation, to de- termine what materials, equipment, component systems and types of construction are to be included in the Con- tract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract Docu- ments alternate bids to adjust the Construction Cost to the fixed limit. Any such fixed limit shall be increased in the amount of any increase in the Contract Sum occurring after execution of the Contract for Construction. 3.2.3 If the Bidding or Negotiation Phase has not com- menced within three months after the Architect submits the Construction Documents to the Owner, any Project budget or fixed limit of Construction Cost shall be ad- justed to reflect any change in the general level of prices in the construction industry between the date of submis- sion Of the Construction Documents to the Owner and the date on which proposals are sought. 3.2.4 If a Project budget or fixed limit of Construction Cost (adjusted as provided in Subparagraph 3.2.3) is ex- ceeded by the lowest bona fide bid or negotiated pro- posal, the Owner shall (1) give written approval of an increase in such fixed limit, (2) authorize rebidding or re- negotiating of the Project within a reasonable time, (3) if the Project is abandoned, terminate in accordance with Paragraph 10.2, or (4) cooperate in revising the Project scope and quality as required to reduce the Construction Cost. In the case of (4), provided a fixed limit of Construc- tion Cost has been established as a condition of this Agree- ment, the Architect, without additional charge, shall mod- ify the Dravvings and Specifications as necessary to comply AIA DOCUMENT B141 • OWNER -ARCHITECT AGREEMENT • THIRTEENTH EDITION - JULY 1977 • AIA� • 1977 6 B141-1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 � � with the fixed limit, The providing cfsuch service shall be the limit of the Architect's responsibilitya6sing from the 'esto6|iskmentofsuch fixed limit, and having done so, the Architect shall be entitled toco / pensation for all services performed, in accordance with this Agreement, whede( or not the Construction Phase bcommenced. ARTICLE DIRECT PERSONNEL EXPENSE 4.1 Direct Personnel Expense 7sdefined asthe direct sal- aries cfaUt6eArchitecx'speonnmd engagedonthe Proj- ect, and the portion ofthe-cost of their mandatory and customary contributions and benefits related thereto, smc6 usemployment taxes and other statutory employee bene! fits, insurance, sick leave, holidays, vacations, pensions and similar conthbuhoman6benefits. ARTICLE 5 REIMBURSABLE EXPENSES 3.1 Reimbursable pensation for Basic and Additional Services and include actual expenditures made by the Architect and the Archi- tect's employees and consultants in the interest of the Project for the expenses listed in the following Sub- �1.1 Expense of transportation in connection with the Project; living expenses in connection with out-of-town travel; long distance communications, and fees paid for securing approval of authorities having jurisdiction over the Project. 5.1'2 Expense o[,cpvo6uchon» postage and handling o/ Drawings, Specifications o66other documents, excluding reproductions for the office use nfthe Architect and the Architect's. consultants. 5.1.3 Expense ofdata processing and photographic pro- duction techniques when used in connection with Addi- tional 3emices. 5.1.4 |fauthorized inadvance 6fthe Owner, expense of overtime work requiring higher than regular rates. 5.1.5 Expense of renderings, models and mock-ups re- quested by the Owner. E1,6 Expense of any additional insurance coverage or limits, including professional liability insurance, requested by the Owner in excess of that normally carried by the Architect and the Architect's consultants. ARTICLE 6 PAYMENTS TO THE ARCHITECT 6.1 PAYMENTS ON ACCOUNT 8FBASIC SERVICES 6.1.1 An initial payment asset forth in ParaAmpkl41 is the minimum payment under this Agreement. 6,1'2 Subsequent payments for Basic Services shall be made monthly and shall be in proportion to services per- formed within each Phase o/ services, on the basis set forth inArticle 14. 6.1'3 If and to the extent that the Contract Time initially established in the Contract for Construction is exceeded or extended through no fault oTthe Architect, compensa- tion for any Basic Services required for such extended period of Administration of the Construction Contract shall be computed as set forth in Paragraph 14.4 for Addi- tional Semices. 6.1.4 When compensation is based on m percentage of Construction Cost, and any portions of the Project are deleted or otherwise not constructed, compensation for such portions of the Project shall be payable to the extent services are performed on such portions, in accordance with the schedule Set forth in Su6pamA/aph 14.2.2, based on (1) the lowest bona fide bid urnegotiated proposal or, (Z) if no such bid o,proposal is received, the most recent Statement ofProbable Construction Cost orDetailed Esti- mate of Construction Cost for such portions of the Project. 6.2 PAYMENTS ON Accou»T OF ADDITIONAL SERVICES 6.2.1 Payments on account ufthe Architect's Additional Services as defined in Paragraph,1.7un6 for Reimbursable ' Expenses as defined in Article 5 shall be made monthly upon presentation o/the Architect's statement of services rendered u,expenses incu,ned 6.3 PAYMENTS WITHHELD 6.3.1 No 6e6ucdons�hal| be made from the Architect's compensation onaccmunt of penalty, liquidated damaDe/ orother sums withheld from payments tocontractors or onaccount ofthe cost mfchanges inthe Work other t�un those for which JheArchitect isheld legally liable. 6.4 PROJECT SUSPENSION vJRTERMINATION 6.4.1 If the Project 7ssuspended orabanJone6 in whole o, in pa,/ for more than three months, the Architect shall 6ecompensated for all services performed prior toreceipt of written notice from the Owner ofsuch suspension or abandonment, together with Reimbursable Expenses then due and all Termination Expenses usdefined in Paragraph 10.4. If the Project is resumed after being suspended for� more than three months, the Architect's compensation shall 6eequitably adjusted. ARTICLE ARCHITECT'S ACCOUNTING RECORDS 7.1 Records of Reimbursable Expenses and expenses per- taining to Additional Services and services performed on the basis of a Multiple of Direct Personnel Expense shall be kept on the basis of generally accepted accounting principles and shall be available to the Owner or the Owner's authorized representative at mutually convenient ARTICLE OWNERSHIP AND USE OF DOCUMENTS 8.1 Drawings and Specifications as instruments ufserv- ice are and shall remain ,he property of the Architect vvhe\hc' the Project for which they are made is executed or not. The Owner shall 6epermitted toretain copies, in- cluding reproducible copies, of Drawings and Specifica- tions for information and reference /n connection with the Owner's use and occupancy ofthe Project. The Drawings and Specifications shall not be used by the Owner on °"""`"M"N. "^.,^vnnLu,ARo,necrAGREEMENT ^rx/meNTH EDITION `/un,on^Am*^m19r THE mwcmc»w /mnnurE OF Anc*nEcTS. 1735 NEW roxx AmwuE' wAV.' wxSx/wcrnw' D.C. 20006 other projects, for additions to this Project, or for comple- tion of this Project by others provided the Architect is not in default under this Agreement, except by agreement in writing and with appropriate compensation to the Archi- tect. 8.2 Submission or distribution to meet official regulatory requirements or for other purposes in connection with the Project is not to be construed as publication in derogation 'of the Architect's rights. ARTICLE 9 ARBITRATION .1 All claims, disputes and other, matters in ques ' H, betw n the parties to this Agreement, arising out or relatin to this Agreement or the breach thereof, all be decided y arbitration in accordance with the risiruc- tion Indu Arbitration Rules of the Americ Arbitra- tion Associa 'on then obtaining unless the p ties mutu- ally agree oth rwise. No arbitration, arisin ut of or re- lating to this A reement, shall include, b consolidation, joinder or in any they manner, any add' onal person not a party to this Agr meat except by w tten consent con- taining a specific re Fence to this eement and signed by the Architect, the ner, and a other person sought to be joined. Any cons t to arb. ration involving an ad- ditional person or person shal of constitute consent to arbitration of any dispute ' o described therein or with any person not named or cribed therein. This Agree- ment to arbitrate and any gr ment to arbitrate with an additional person or pe ons ly consented to by the parties to this Agreem t shall be pecifically enforceable under the prevailing itration law. 9.2 Notice of the mand for arbitra 'on shall be filed in writing with the her party to this A eement and with the American itration Association. demand shall be made with` a reasonable time after th claim, dispute or other m er in question has arisen. in n event shall the dema for arbitration be made after the date when institutio of legal or equitable proceedings ased on such c m, dispute or other matter in question uld be barre by the applicable statute of limitations. 9.3 The award rendered by the arbitrators shall be al, a judgment may be entered upon it in accordance h (icable law in any court having jurisdiction thereof. ARTICLE 10 TERMINATION OF AGREEMENT 10.1 This Agreement may be terminated by either party upon seven days' written notice should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination. 10.2 This Agreement may be terminated by the Owner upon at least seven days' written notice to the Architect in the event that the Project is permanently abandoned. 10.3 In the event of termination not the fault of the Ar- chitect, the Architect shall be compensated for all services performed to termination date, together with Reimburs- able Expenses then due and all Termination Expenses as defined in Paragraph 10.4. 10.4 Termination Expenses include expenses directly at- tributable to termination for which the Architect is not otherwise compensated, plus an amount computed as a percentage of: the total Basic and Additional Compensa- tion earned to the time of termination, as follows: .1 20 percent if termination occurs, -during the Sche- matic Design Phase; or .2 10 percent if termination occurs during the Design Development Phase; or .3 5 percent if termination occurs during any subse- quent phase. f_11141111 1t;;tii ii i MISCELLANEOUS PROVISIONS 11.1 Unless otherwise specified, this Agreement shall be governed by the law of the principal place of business of the Architect. 11.2 Terms in this Agreement shall have the same mean- ing as those in AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement. 11.3 As between the parties to this Agreement: as to all acts or failures to act by either party to this Agreement, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the rele- vant Date of Substantial Completion of the Work, and as to any acts or failures to act occurring after the relevant Date of Substantial Completion, not later than the date of - issuance of the final Certificate for Payment. 11.4 The Owner and the Architect waive all rights against each other and against the contractors, consult- ants, agents and employees of the other for damages cov- ered by any property insurance during construction as set forth in the edition of AIA Document A201, General Con- ditions, current as of the date of this Agreement. The Owner and the Architect each shall require appropriate similar waivers from their contractors, consultants and agents. ARTICLE 12 SUCCESSORS AND ASSIGNS 12.1 The Owner and the Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representa- tives of such other party with respect to all covenants of this Agreement. Neither the Owner nor the Architect shall assign, sublet or transfer any interest in this Agreement without the written consent of the other. ARTICLE 13 EXTENT OF AGREEMENT 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agree- ments, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. 0 AIA DOCUMENT B141 • OWNER -ARCHITECT AGREEMENT • THIRTEENTH EDITION • JUEY 1977 • AIAIE • 01977 8 B141-1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 ARTICLE 14 BASIS OF COMPENSATION The Owner shall 'compensate the Architect for the Scope of Services provided, in accordance with Article 6, Payments to the Architect, and the other Terms and Conditions of this Agreement, as follows: 14.1 AN INITIAL PAYMENT of NONE dollars { ) shall be made upon execution of this Agreement and credited to the Owner's account as follows: 14.2 BASIC COMPENSATION 14-2.1 FOR BASIC SERVICES, as described in Paragraphs 1.1 through 1.5, and any other services included .in Article 15 as part of Basic Services, Basic Compensation shall be computed as follows: - (Here insert basis of compensation, including fixed amounts, multiples or percentages, and identify Phases to which particular methods of compensa- tion apply, it necessary.) .Architect's compensation rates as set forth in the attached Exhibit "C" plus sums -paid to Architect's Consultants listed below with.a total maximum fee, including fees paid to Architect's Consultants not to exceed $88,000.00. Consultant Cygna Consulting Engineers (structural engineer) D.M.A. (Electrical) Practicon Adsticiates - mechanical (including HVAC study) S.W.A. Group, landscape -'site planning (including site study) Fisher, Wright (interior consultant) Adamson Associates (cost consultant) Consultants compensation rates are set foirth in the attached Exhibit 14.2.2 Where compensation is based on a Stipulated Sum or Percentage of Construction Cost, payments for Basic Services shall be made as provided in Subparagraph 6.1.2, so that Basic Compensation for each Phase shall equal the following percentages of the total Basic Compensation payable: (Include any additional Phases as appropriate.) Schematic Design Phase: percent ( %) Design Development Phase: percent Construction Documents Phase: percent( %) Bidding or Negotiation Phase: percent j %) Construction Phase: percent { %) 14.3 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described in Paragraph 1.6, Compensation shall be computed separately in accordance with Subparagraph 1.6.2. AIA DOCUMENT B141 - OWNER -ARCHITECT AGREEMENT • THIRTEENTH EDITION • JULY 1977 • AIA9 • © 1977 THE AMERICAN INSTITUTE Or ARCHITECTS, 1735 NEW PORK AVENUE, N.W., WASHINGTON, D.C. 20006 B141-1977 9 14.4 COMPENSATION FOR ADDITIONAL SERVICES 14.4.1 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described in Paragraph 1.7, and any other services in- cluded in Article 15 as part of Additional Services, but excluding Additional Services of consultants, Compen- sation shall be computed as follows: Hourly based on Architect's compensation (Here insert basis of compensation, including rates and/or multiples of Direct Personnel Expense for Principals and employees, and identify Principals and classify employees, if required Identify specific services to which particular methods of compensation apply, if necessary.) rates set forth in the attached Exhibit C. a 14.4.2 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional structural, mechanical and electrical engineering services and those provided under Subparagraph 1.7.21 or identified in Article 15 as part of Addi- tional Services, a multiple of One point one (1. 1 } times the amounts billed. to the Architect for such services. (identify specific types 61 consultants in Article 15, if required.) 14.5 FOR REIMBURSABLE EXPENSES, as described in Article 5, and any other items included in Article 15 as Reim- bursable Expenses, a multiple of One point one ( 1.1 ) times the amounts ex- pended by the Architect, the Architect's employees and consultants in the interest of the Project. 14.6 Payments due the Architect and unpaid under this Agreement shall bear interest from the date payment is due at the rate entered below, or in the absence thereof, at the legal rate prevailing at the principal place of business of. the Architect. (Here insert any rate of interest agreed upon.) (Usury laws and requirements under the federal Truth in Lending Act, similar state and focal consumer credit laws and other regulations at the Owner's and Architect's principal places of business, the location of the Project and elsewhere may affect the validity of this provision, Specific legal advice should be obtained with respect to deletion, modification, or other requirements such as written disclosures or waivers.) 14.7 The Owner and the Architect agree in accordance with the Terms and Conditions of this Agreement that: 14.7.1 IF THE SCOPE of the Project or of the Architect's Services is changed materially, the amounts of compensation shall be equitably adjusted. 14.7.2 IF THE SERVICES covered by this Agreement have not been completed within nine ( 9) months Of the date hereof, through no fault of the Architect, the amounts of compensation, rates and multiples set forth herein shall be equitably adjusted. ALA DOCUMENT B141 - OWNER -ARCHITECT AGREEMENT - THIRTEENTH EDITION - JULY 1977 - AIAS - © 19:7 10 B141-1977 THE AMERICAN INSTITUTE Or ARCHITECTS, 1735 NEW YORK AVENUE, N.W., NVASHiNGTON, D.G. 20006 ARTICLE 15 OTHER CONDITIONS OR SERVICES 15.1 Architect will provide. basic -.services consisting of preliminary schematic des ' ign services only in connection with the library modificatlions..' These services will be limited to those services required for inclusion in a. grant application by owner. The provisions of paragraphs 1.1.1 through 1.1.5 shall not apply to this phase of the library modification portions of the project. Architect shall account separately for services performed in connection with library modifications and the fees in connection with these services shall not exceed $10,000, which amount is included in the maximum not to exceed amount listed in paragraph 14.2.1. 15.2 Architect shall submit to the owner an Architect's Production Schedule describing planned time for completion of the various services of'the Architect hereunder. Architect shall use its best reasonable efforts to meet the Architect's Production Schedule. If the Architect has used its best reasonable efforts to so perform, it shall not be liable for any delay caused by its failure to meet its Architect's Production Schedule.- 15.3 The rights and remedies of the Architect provided for in this Agreement shall not be deemed to be exclusive and -the Architect has, in addition, all rights and remedies provided by.law or equity,*towhich it may resort cumulatively or in the alternative. 15.4 Phase II of the project, which is not included in this contract, would include finalization of design develoment and preparation of construction documents and administration of construction contract in addition to other services which might be contracted for in connection with the city hall remodeling and site planning. In addition, all of the above and further development of the schematic design phase for the library modifications might also be contracted.for as part of phase II. It is a material condition of Architect's agreement to perform the services described herein that the services performed under this agreement not be used by others to complete phase II of the project without the express written consent of Architect. OWNER: APPROVED AS TO F CITY 0, UPE 0 B City Aftorney a. Title of Office. ATTEST: City"Clerk 6;5,�10F� ARCHITECT:* HOLLAND, EAST and DUVIVIER, INC. By � 7ri; Title of Office AIA DOCUMENT B141 - OWNER -ARCHITECT AGREEMENT - THIRTEENTH EDITION - JULY1977 - AIAS - @1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW PORK AVENUE, N.W,, WASHINGION, D.C. 20006 B141-1977 11 EXHIBIT A TO STANDARD FORM OF AGREEMENT BETWEEN OWNERAND ARCHITECT OWNER: City of Cupertino ARCHITECT: Holland, East & Duvivier, Inc. Descript ion of the Project The remodeling of the below ground level of City Hall to create approximately 4,500 square feet of additional office space with an open stairwell to link the two levels, and including a design to provide the lower level with visual access and natural light. Design of the site to include a multi -use plaza between the library and City Hall integrating the elements of a civic center complex, and should include a well -planned assemblage of structures, parking facilities, landscaping features and area of public use. The design of an 8500,square foot addition to the library building on one level, compatible with the existing architecture and the civic center. The above shall be in conformity with the requirements of the informal request for proposal attached to this Agreement as Exhibit "B". Scope of Services: This contract is for Phase I of the project which includes programming the special needs for the City Hall remodeling, the preparation of schematic design drawings for the City Hall remodeling and site work, a preliminary review of existing heating, ventilating, air conditioning systems.and related energy performance of the building and, if required, a preliminary review for the seismic upgrade of the structural components of the existing building. In addition the architect shall provide programming of the space needs for the city hall addition. For the portion of the project concerning the library as set forth in paragrah B.3. of the Request for Proposal attached as Exhibit "B" the architect shall provide preliminary schematic design services only which services shall be sufficient for inclusion in the owner's application for a grant of funds to complete the proposed modifications to the library. The City of Cupertino .is requesting proposals for designs for remodeling a City Hall a Library and the site'serving,the two buildings. The City intends to award two contracts: One for the City Ha 11 and the site .and' one for the Library.- The Contract for the City Hall .is for the remodeling of the below -ground level of the bui I di ng to create approximately 4,500 sq. ft. of additional office space with an open stairwell to link the,two levels together. The work should also include a design to provide the lower level with visual access and., natural light. The site design should exhibit a well planned assembly of structuresf parking facilities,:landscape'd features, and areas of public use. The site design should include a multi -use plaza between the Library and City Hall that integrates the elements of a civic center complex. The second contract will be for a library expansion of 8,500 sq. ft. Primary goals on the expansion is to refine the layout of the original Library area in order to provide a, higher level of service to the local community and the Library users without adding additional staff. c n/kra t h es ed c I = t $ _V C) 00 I rary s 0V. I Thq/�_D_'� rector of Public s for /6it r c r f r both st or Ci y H I /Si e i $8 00 a d the W01,4S wi 11, cept prvposal --/)Anti 1 44.�-30 p.m I /Apri Vc?,�i.985.� Sev9(n cop\ies o� e h p B 16,;�/ re sub ted. f an ise pr Sal s k�c oil: al prefer d. WIMIRE The City- s Pro j ect Rev ew Committee consists of staff and two City Council Members. This Committee will review all proposals and invite five finalists for each contract for personal i ntervi ews w, u during the week of May 1, 1985. Subsequently, final recommendations will be forwarded to the City Council. The final selection tai 11 .'be made by the City Council. If you have any questions about the projects, the proposal format or the selection process, please feel free to call the Public Works Department at 25?-4505, The City, of Cupertino wants to thank you for your .time and interest in the proposed projects. A. BACKGROUND The City of Cupertino is generally situated at`the western foothills of the Santa Clara Valley, southerly of Highway 280. Civic Center complex is located at the corner of Torre and Rodrigues Avenue. The City center complex is currently serving a City Qf 10 sq. mi l es, with an estimated population of 38, 000. CITY HALL The first floor of the City Hall building contains all the city administrative offices and the city council chambers. The lower level, which is below grade, has 10, 000 sq. f t. ands houses the cable television control room, the traffic signal computer roam, the employees lounge, and storage and support areas. Fifty-six parking spaces are assigned to this building. The City Hall plans were approved in.1965. LIBRARY _. The octagonal city library building is owned by the city, however -all library services and materials are part'of the Santa Clara County Library System under a services agreement. ::The library operates 57 hours per weep on a seven --day basis, loans 511,000 books per year, and has an inventory of,1501000 books. This reinforced concrete building has•a sunken' lower floor area of 10,000, sq. ft. , a f i rst floor of 10,000 sq. ft. and a mezzanine of 3,304 sq.ft. Currently the library offers the following services; 1. Central Reference Periodical Collection. 2. Children's area 3. Adult 4.Young Adult Area Sixty on —site parking spaces are assigned to this facility. The library .plans were approved in 1967. Both buildings were designed in accordance with the building codes, energy criteria, and mechanical systems, common in 1965 and 1967. SITE The entire site is 9.7 acres with Regnart Creek flood control channel running along its eastern boundary, Rodrigues to the north, Torre to the west, and Pacifica to the south. The study area is as shown on Exhibit D1. D. PROJECT OBJECTIVES 1. CITY HALL The components of this division are: a. A wide and open stairway from the upper level lobby to the lower level office expansion. b. ,The structural modification of the north foundation wall, the exterior walkway, and,the exterior. -columns and footings, in order, to provide natural I i ght ,- and visual access to the lower level. .1 •'h �1 4'1 e c.' The reorientation of the .elevator doors to the 'lobby'.. =. d. An interior office design'at lower `Level -shall provide x the fallowing. 6* ' 1. Conference Room 5 Individual 'Offices 2. Restroams 5. Locker. Rooms 3. Shower Facility 7. Reception Area 4. Open 'of fice Space B."-1-Computer-Room 9. Exercise Room e. The design of a new mechanical system or modification ..of existing system to .service all of the lower and upper- level .of City Hall. f. The evaluation of theenergy performance of the building. g. Landscaping and i rri gati on ' of all .proposed areas of excavation required to provide natural light to lower I evel . h. Redesign of upper level where necessary due to stairway design to incorporate sister amity display, additional office space, and allow for flexible expansion of Council Chambers. i. Convert existing stairway to the west to another- use. j. Physical access from lower level to exterior. k» Design of lower level security. The reconfigured City Hall should take into consideration would then have two floors of r i ! (2) A quiet shaded reading area. (3) Anastronomicalelement.. This can be " a sun indicating •or: star, locating element which is a subtle part of other elements. (4) Provide an architectural historic enclosure, facade, or appurtenance to be used as a� photographic •backdrop." (5) A night light for security. (6) Provide a•pedestrian access between City Nall and the'.library. b. The landscaping.of all areas which relate to the project. ' C. Provide an access road from Pacifica Drive to the parking lots. The access - road shall not connect to City streets (Torre and Rodrigues) via the parking lots. . d. New parking lots and/or modification of existing lot. 3. LIBRARY The objectives for the library are: a. Provi de C, 500 i- sq.•f t of new f 1 oor area to one level yielding 1E3, 500 sq. ft. of floor area on one level. b. Provide a master plan which incorporates.all aspects confirmed during discussions with staff and the committee. C. Provide a building with an exterior architecture compatible specifically with the existing library building and.secondary with "the remaining"civic center. d. Provide interior settings which are suited for their intended use and have compatible'environmental".;" controls, sound and light levels. PROJECT SCHEDULE .1985 1985 1987 :5 I 01 w I Z) i -Lr- M A A -T A 5 0 [W j Fz Nj A 5 0 I ARCHITECT SELECTION CONCEPTUAL O COMMISSIONS APPROVALS --4 DRAWINGS CONSTRUCTION' 7-1 1 ffll-t ARCHITECH SELECTION Architectural Selection Process. CONCEPTUAL The architech will develop various concept design sketches as required by the Project Committee and City Review Commission. COMMISSIONS The Prnject rnmmittee, the Architertitral and Situ Commis inn, the PInnning commit-q1tio, Library Q-1—ion. t 1, APPROVALS Actions by the County Board Of Supervisors, and the City Council of the City of Cupertino. Contract working drawings. CONSTROCTTON The 00mPletton nr the work. .. - /.:' .. -�' i .... ':.- r `•" .'.; (.. ;. �' `�,5' �v J�y„_.. �R i`f4 i,. 'b-a�"r-. Review ingress .1 l,,y"! r� y1�� e. and egress appurtenances and the recontouring of earthen banks.a :. , f. Provide a design which is energy_ Vefficient'and incorporates current energy management systems. = g. Provide visual access from existing floor area to new area, so As to preclude increase in staffing due to ti design. C. CONTENTS OF PROPOSALS The City has 'established routine criteria which all respondents must address. In addition, the City is -requesting responses which describe the architect's approach to certain key. parts of the work or elements. Proposals will not be accepted from firms outside the Bay Area.. 1. Response Criteria a. General description of the firm, i'ncl udi ng annual dollar volumes, cuIrrent employees, percentage breakdown b. of the dollar volume of work by commercial , residential, municipal, and remodeling; and the background of the principal who will be in responsible charge of the work. Listing of remodeling, plaza, library, and city hall projects which are generally comparable.to the City project. "Photos" are required. A listing of personnel and proposed consultants and their specific role in the project. The City is + specifically concerned with the structural aspects of City Hall modifications. _ x ` i i .-.,•a.: . -. =,: ._. r. # SV ,. ,.ri. S-. _ . _ V, �: '' y1j i 5:7 t.., d. A statement to the effect that the long-term punned workload of the architect will allow.,, 6i6time required to desi 'n }, design, plan, study, �coord,i Hate deta.i l ,- and review all phases of this complex project in accordance with Exhibit D4. .e= The finalists will need to provide general construction cost estimates and work schedules on each project phase, and provide data on the dollar amount and the nature of change orders on similar pro3 ects. Finalists , shall be prepared to comment on the work schedule. f. A brief description of the envisioned plaza elements, and :their relationship to all phases of the project. g.A brief evaluation of the .current library exterior and interior. h. Comment on the need to verify the structural adequacy of.the existing structures. i . Provide a brief description of the method of providing UUk.natural light to the lower level.of city hall. . Provide a statement on the firm's approach to interior design. Furnish an estimated fee for all phases of work based on a fixed fee contract or a percentage of project costs. Fixed fee may be subject to negotiations based on final project design. I CITY Y HALL L/} 4" Adf--, 1MA I ............ IX XX, ....... ......... .. . . ............. 'a mill LEGEND (D 09 411-e-.,>UNle4L- 'PER * LEVEL F ON3031 11 R m Y/''a � 1 V C1 r J LEGEND sTskirLw�-05 G I�'7KAL Gfig� FIRST ft:LOOR Awo 0 lwo LEGEND 30 LOWER LEVEL HOLLAND, EAST ,b DUV IV IER , I'NC. 1985 BILLING SCHEDULE PRINCIPAL $65.00/HOUR SUPERVISOR $60.00/HOUR TECH I $45.00/HOUR TECH II $40.00/HOUR TECH III $30.00/HOUR CLERICAL $25.00/HOUR WH/attach.b/ko EXHIBIT C EXH IB IT D CUPERTINO CIVIC CENTER/LIBRARY 85-14 A/B 1985 BILLING SCHEDULE H.E.D. CONSULTANTS FIRM ,CYGNA CONSULTING ENGINEERS D.M.A. (ELECTRICAL) PRACTICON ASSOCIATES (MECHANICAL) SWA GROUP (LANDSCAPE -SITE PLANNING) FISHER-WRIGHT (INTERIORS) ADAMSON ASSOCIATES (COST CONSULTANT) ebg/exhibd/ko POSITION RATE/HR PRINCIPAL 95.00 PRINCIPAL ENGINEER 70.00 PROJECT MGR. 6.0..0.0 PROJECT ENGINEER 55.00 PROJECT DESIGNER 45.00 DRAFTSMAN i 30.00 DRAFTSMAN II 25.00 CLERICAL 25.00 to 6/30/85 7/1/85 to 6/30/86 PRINCIPAL 70.00 75.00 SR. ENGINEER 60.00 65.00 ENGINEER 50.00 55.00 TECHNICIAN 45.00 49.00 DESIGN/ DRAFTSMAN 36.00 38.00 SECRETARIAL 26.00 28.00 PRINCIPAL CALLAWAY 96.00 KARNER 80.00 LEE 65.00 PRINCIPAL 70.00 ASSOCIATE 45.00 DESIGN/ DRAFTSMAN 20.00 PRINCIPAL 75.00-80.00 SR. ESTIMATOR 55.00-65.00 STAFF ESTIMATOR 45.00-55.00