02-012 Simon Martin-Vegue Winkelstein Moris. i
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FIRST AMENDMENT TO CONSULTANT AGREEMENT
BETWEEN THE CITY OF CUPERTINO AND
SIMON MARTIN-VEGUE WINKELSTEIN ~IIORIS, A CALIFORNIA CORPORATION
FOR ARCHITECTURAL PLANNING AND DESIGN SERVICES
FOR THE CUPERTINO LIBRARY, CIVIC CENTER AND CIVIC PLAZA
THIS FIRST AMENDMENT TO AGREEMENT is made and entered into this `- day
of Ma-wC}~ 2002 by and between the Cll-Y OF CUPERTINO, a municipal corporation
(hereinafter "CITY"), and SIMON MARTIN-V1=GUE WINKELSTEIN MORIS, a California
Corporation (hereinafter "CONSULTANT").
RECITALS
WHEREAS, on June 12, 2001, CITY and CONSULTANT entered into an agreement entitled
"AGREEMENT FOR ARCHITECTURAL CONSULTANT SERVICES BETWEEN THE CITY OF
CUPERTINO AND SIMON MARTIN-VEGUE WINKELSTEIN MORIS, A CALIFORNIA
CORPORATION FOR NEW CUPERTINO LIBRARY"; and
WHEREAS, CITY and CONSULTANT desire to amend the AGREEMENT to modify the basic
agreement, scope of services, and increase the t~~tal compensation; and
WHEREAS, the CITY OF CUPERTINO desires to obtain architectural consultant services for
the combined Cupertino Library, Civic Center and Civic Plaza, (hereinafter, PROJECT); and
WHEREAS, Simon Martin-Vegue Winkelstein Moris has the necessary professional expertise
and skills to perform the architectural services required,
FIRST AMENDti1ENT -page 1
NOW, THEREFORE, the purpose of this FIRST i~MENDMENT to the AGREEMENT is to retain
Simon Martin-Vegue Winkelstein Moris as CONSULTANT TO THE CITY to perform those
services specified in REVISED EXHIBIT A of this FIRST AMENDMENT.
SECTION 1. SECTION 4, "COMPENSATION" is amended as follows:
"The compensation to be paid to CONSULTANT, including payment for Basic Professional
Services, Reimbursable Expenses and Additional Services shall not exceed the amount of Two
Million Six Hundred Twelve Thousand and 00,100 DOLLARS ($2,612,000). The rate and
schedule of payment is set out in REVISED EXI-IIBIT C, entitled "COMPENSATION", which is
attached hereto and incorporated herein."
SECTION 2. SECTION 8, "PROJECT COORDIf~IATION"
(a) CITY. The City Manager shall be representative of CITY for all purposes under this
FIRST AMENDMENT. Ralph A. Qualls, Jr., Director of Public Works, is hereby
designated as the CITY's PROJECT DIRECTOR. Terry W. Greene, Senior
Architect of Public Works, is hereby designated as the CITY's PROJECT MANAGER
for the Department of Public Works, rind shall supervise the progress and execution
of this FIRST AMENDMENT.
(b) CONSULTANT. CONSULTANT shell assign a single PROJECT DIRECTOR to
have overall responsibility for thE~ progress and execution of this FIRST
AMENDMENT for CONSULTANT. IVlichael Bernard is hereby designated as the
PROJECT DIRECTOR for CONSULTANT. Should circumstances or conditions
subsequent to the execution of this FIRST AMENDMENT require a substitute
PROJECT DIRECTOR for any reason, the PROJECTOR DIRECTOR designee shall
be subject to the prior written accept<<nce and approval of the CITY, which shall not
be unreasonably withheld.
FIRST AMENDti1ENT -page 2
SECTION 3. SECTION 22, "NOTICES"
All notices and other communications required or permitted to be given under this FIRST
AMENDMENT to the AGREEMENT shall be in writing and shall be personally served or mailed,
postage prepaid and return receipt requested, addressed to the respective parties as follows:
To CITY: Terry W. Greene
Project ManagE~r
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
To CONSULTANT: Michael Bernard
Project Director
Simon Martin-V'egue Winkelstein Moris
989 Market St., 3~d Floor
San Francisco, CA 94103
Notice shall be deemed effective on the date per:~onally delivered or, if mailed, three (3) days
after deposit in the mail.
SECTION 4. All of the terms and conditions of the original AGREEMENT not modified by this
First Amendment shall remain in full force and effect.
FIRST AMENDNIENT -page 3
WITNESS THE EXECUTION HEREOF on the d~iy and year first herein above written.
APPROVED AS,TO 50R
By:
Killian,
ager
~~>(/~. Date 3 _lo ~d ~-
Smith, City Clerk
10300 Torre Avenue
Cupertino, CA 95014
Telephone: (408) 777-3223
NOTARY PUBLIC CERTIFICATION
(SEAL)
State of California ~ ~'
County of Sari .~k•~ T / ~ l1. G Jy p~
On ~/ / ore me,
~ ~~~~
Not Pu I'c, personal) appeared
/~
"CITY"
"CONSULTANT"
SIMON MARTIN-VEGUE WINKELSTEIN MORIS, a
C~~lifornia Corporation
B~~:
N~~me: Anthony Bernheim
Tulle: Vice President
9>:i9 Market Street, 3`d Floor
Spin Francisco, California 94103
Telephone: (415) 546 0400
known to me(or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their
Permitted capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon
behalf of which the person(s) acted, executed the instrument.
WITNESS my and and official seal.
5. O. KISH
Commission # 1297207 - ~ Signature o Not ry Public
z `° Notary Public - Califoml0
San Francisco County --
My Comm. E~ires Apr 10, 200.5
nicipal corporation
~~ Date S.G_o2.
FIRST AMENDMENT -page 4
REVISED EXHIBIT A
SCOPE 01= SERVICES
CONSULTANT shall provide Programming, Concept Development, Schematic Design, Design
Development, Construction Documents, Biddirn~, and Contract Award services on the
PROJECT, in a such a manner as to enable the CITY to advertise for bids for a single project
with a single contractor.
CONSULTANT shall assist the CITY in its coorclination of PROJECT design work with other
consultants providing services to CITY under separate agreements. Separate agreements with
the CITY, for professional services by other consultants, collectively referred to as CITY'S
CONSULTANTS, for this FIRST AMENDMENT, are as follows:
• Geotechnical Services provided by Treaclwell & Rollo
• Site Survey Services provided by Nelson Engineering
• Architectural Design Services provided b~,r Thomas R. Aidala, Programming through
Construction Documents Phase
• Landscape Design Services provided by Hargreaves Associates, Concept Design and
Schematic Design Phase
• Construction Management Services provided by Nova Partners, Programming through
Contract Award Phase
• Audio and Video System Design provided by VMI Broadcast and Video
CONSULTANT shall not be responsible for the ~~erformance or payment of CITY'S
CONSULTANTS. Furthermore, CITY will include the following indemnity provision, or its
equivalent, in each and every agreement with the CITY'S CONSULTANTS, executed after the
date of execution of this FIRST AMENDMENT, `CITY'S CONSULTANT agrees to indemnify,
defend and hold the CITY and SIMON MARTIN-VEGUE WINKELSTEIN MORIS, A
CALIFORNIA CORPORATION, including its owners, employees, agents, and representatives,
harmless from and against any and all claims, suits, demands, losses and expenses, including
reasonable attorneys' fees, accruing or resulting or arising out of the actual or alleged negligent
Revised f=xhibit A - 1
REVISED EXHIBIT A
SCOPE 01= SERVICES
performance or non-performance of the CITY'S CONSULTANT'S obligations under this
AGREEMENT or otherwise arising out of the CITTY'S CONSULTANT'S actual or alleged errors or
omissions".
Nothing contained in the above described provi:>ion, affects in any way the primary obligation of
the CONSULTANT, including the provisions of ;section 10 Indemnification, contained in the
AGREEMENT FOR ARCHITECTURAL CONSUiLTANT SERVICES BETWEEN THE CITY OF
CUPERTINO AND SIMON MARTIN-VEGUE W INKELSTEIN MORIS, or any amendments
thereto.
Upon completion of the Schematic Design Phase, CONSULTANT shall contract with Hargreaves
Associates for Landscape Design services for tf~e remainder of the scope of this FIRST
AMENDMENT. Fees for Landscape Design services are included in this FIRST AMENDMENT.
The PROJECT is located on CITY owned property on the east side of Torre Avenue between
Rodrigues Drive and Pacifica Drive in the City off Cupertino, California.
SECTION 1.GENERAL:
The PROJECT, originally consisting of the CupE~rtino Library, has been expanded to include a
Civic Center and Civic Plaza. The PROJECT Construction Budget is increased in this FIRST
AMENDMENT to $19,600,000, and includes co:~ts for Demolition, General Conditions, Special
Conditions, Profit, Overhead, Design Contingern~y, Construction Contingency and Escalation to
the mid-point of construction.
CONSULTANT shall design to the construction (budget and reconcile CONSULTANT Statements
of Probable Cost with CITY provided independent Cost Estimates at each formal design phase.
Revised E=xhibit A - 2
REVISED EXHIBIT C
COMPENSATION
This REVISED EXHIBIT C, COMPENSATION, replaces EXHIBIT C, COMPENSATION, in the
AGREEMENT.
BASIC PROFESSIONAL SERVICE
CITY agrees to compensate CONSULTANT for Basic Professional Services performed in
accordance with the terms and conditions of this FIRST AMENDMENT. The scheduled amount
of compensation to be paid to CONSULTANT for Basic Professional Services under this FIRST
AMENDMENT is Two Million, One Hundred Eighty-Five Thousand, Six Hundred Seventeen and
00/100 dollars ($2,185,617). The scheduled allowance for compensation to be paid to
CONSULTANT for Reimbursable Expenses is One Hundred Eight Thousand and 00/100 Dollars
($108,000). The allowance for compensation to be paid to CONSULTANT for Additional
Services is Three Hundred Eighteen Thousand, Three Hundred Eighty-Three and 00/100 Dollars
($318,383). Any hours worked or expenses incurred, which would result in exceeding the
combined maximum amount of compensation set forth herein, shall be at no cost to CITY.
Service Phase Total
Pro ram Develo ment $142,026
Conce t Develo ment $310,429
Sub Total $452,455
Schematic Desi n $240,517
Desi n Develo ment $492,830
Construction Documents $960,065
Biddin & Award $39,750
Construction Contract Administration $0
Sub Total $1,733,162
Services Total $2,185,617
Revised Exhibit C-1
REVISED EXHIBIT C
COMPENSATION
Reimbursable Ex ense Allowance $108,000
Additional Services Allowance $318,383
Pro'ect Total $2,612,000
The CONSULTANT assigns the following fees t~~ the following tasks:
ASP 001 Urban Analysis and Site Selection
ASP 002 Civic Center Pre-design & Progr<~mming
ASP 003 not used at this time
ASP 004 Presentation Model
ASP 005 Library Program Reduction
ASP 006 Civic Center Concept DevelopmE~nt
ASP 007 Library Footprint Adjustment
$37,200
$73,826
$0
$10,000
$11,000
$170,159
$20,000
The CITY Public Works Director may approve, in writing, the transfer of budget amounts between
any of the phases of Basic Professional Services or between the categories of Basic
Professional Services, Reimbursable Expense: and Additional Services, provided that the total
FIRST AMENDMENT amount does not exceed Two Million, Six Hundred Twelve Thousand and
00/100 Dollars ($2, 612,000).
ADDITIONAL SERVICES
CONSULTANT will be compensated for Additi~~nal Services, only by prior written authorization,
by Additional Service Directive, by the Director of Public Works, or his authorized representative,
on a "Time and Materials" or "Lump Sum" basis. For work performed as "Time and Materials",
CONSULTANT shall submit invoices withrime allocations and back-up information, for
CONSULTANTS's design staff and CONSULTA,NT's Sub-consultants, to the CITY for approval.
Revised Exhibit C-2
REVISED EXHIBIT C
COMPENSATION
Where the work is to be performed as ~i "Lump Sum", CITY agrees to compensate
CONSULTANT monthly based upon a perceni:age of work completed, plus reimbursement for
Reimbursable Expenses.
Where the work is to be performed on a "Time ~~nd Materials" basis, CITY agrees to compensate
CONSULTANT monthly based upon the hourly ~~ates in REVISED EXHIBIT D, BILLING RATES.
CONSULTANT shall be responsible for directing the work of sub-consultants and for any
compensation due to sub-consultants. CITY assumes no responsibility whatsoever concerning
such compensation.
REIMBURSABLE EXPENSES
CONSULTANT shall be authorized reimbursement for the below listed expenses directly related
to the performance of Basic Professional Services and Additional Services, provided in this
FIRST AMENDMENT.
• Reproduction of Drawings and Spc~cifications
• Private Auto Parking, Tolls, and Travel at 34'/2 cents per mile
• Commercial Auto Travel
• Commercial Air Travel
• Meals and Lodging
• Presentation materials (excluding models and artist's original renderings, which
shall be considered and compens~~ted as an Additional Service)
• Project related materials, supplies or equipment
CONSULTANT shall be entitled to a 10% markup of direct, authorized, Reimbursable expenses.
CONSULTANT shall provide clearly legible, datc~d backup documentation annotated with
purpose and service phase of all Reimbursable expenses.
Revised Exhibit C-3
REVISED EXHIBIT D
BILLINIa RATES
(All rates indicated shall be in effect until June 30, 2002)
1. Architect: SMWM
989 Market St., 3~d Floor
San Francisco, CA 94103
415.546.0400
SMWM RATE SCHEDULE
Principal $210.00/hr
Associate Principal $175.00
Director of Interior Design $165.00
Senior Associate/Senior Contract Administrator $150.00
Senior Associate/Senior Project Architect $150.00
Senior Associate/Senior Project Planner $150.00
Senior Associate/Senior Project Designer $150.00
Senior Associate/Senior Project Manager $150.00
Project Manager/ Project Architect $125.00
Project Designer/ Project Planner $125.00
Director of Graphic Design $125.00
Senior Designer/Drafter/Planner $100.00
Intermediate Designer/Drafter,~Planner $85.00
Intermediate Graphic Designer $85.00
Designer/Drafter/Planner $70.00
Project Assistant $50.00
2. Structural Engineer: Forell Elsesser Engineers
160 Pine Street
San Francisco, CA 94111
415.837.0700
FORELL ELSESSER RATE SCHEDULE
Senior Principal $150-170.00/hr
Principal $140.00
Senior Engineer $115-130.00
Engineer $90-105.00
CAD Manager $95.00
CAD Drafter $75-85.00
3. Mechanical, Electrical Plumbing, Fire Protection Engineer, Telecommunications:
Flack + Kurtz, Inc.
343 Sansome St., Suite 450
San Francisco, CA 94111
415.433.5311
FLACK + KURTZ RATE SCHE=DULE
Senior Vice President $225.00/hr
Vice President $190.00
Senior Associate $160.00
Revised Exhibit D-1
REVISED EXHIBIT D
BILLINIa RATES
(All rates indicated shall be in effect until June 30, 2002)
Associate $140.00
Engineer $125.00
Design Engineer $100.00
Designer $90.00
CAD Operator $85.00
Administration $65.00
Director of Lighting Design Services $175.00
CAD Manager $125.00
4. Civil Engineer: Sandis Humber Jones
605 Castro Street
Mountain View, CA 94041-2011
650.969.6900
SANDIS HUMBER JONES R~~TE SCHEDULE
Principal $180.00/hr
Senior Engineer $125.00
Project Engineer-Level III $110.00
Project Engineer-Level II $95.00
Project Engineer-Level I $85.00
Design Engineer-Level III $85.00
Design Engineer-Level II $75.00
Design Engineer-Level I $60.00
Computer/Engineering Technician-Level III $85.00
Computer/Engineering Technician-Level II $70.00
Computer/Engineering Technician-Level I $50.00
Clerical $40.00
5. Landscape Architect: Hargreaves Associates
2020 17th St
San Francisco, CA 94103
415.865.1811
HARGREAVES RATE SCHEDULE
Principal/Project Manager $200.00/hr
Project Landscape Architect $160.00
Senior Associate /Associate $125.00
Staff $110.00
Clerical/Administrative $70.00
6. Code Consultant: Rolf Jensen & Associates
2125 Oak Grove Rd., Suite 300
Walnut Creek, CA 94598-253Sa
925.938.3550
ROLF JENSEN & ASSOCIATI.S RATE SCHEDULE
Principal $165.00/hr
Revised Exhibit D-2
REVISED EXHIBIT D
BILLING RATES
(All rates indicated shall be in effect until June 30, 2002)
Project Manager $130.00
Associate Engineer $120.00
Assistant Engineer $115.00
Technician $100.00
7. Lighting Designer: Architectural Lighting Design
370 Brannan Street
San Francisco, CA 94107
415.495.4085
ARCHITECTURAL LIGHTING. DESIGN RATE SCHEDULE
Principal $140.00/hr
Designer $110.00
Technical Staff $80.00
8. Specifications Writer: John Raeber, FAIA, FSCI, CCS
75 Seward Street
San Francisco, CA 94114
415.864.2260
JOHN RAEBER RATE SCHEDULE
Principal $150.00/hr
9. Hardware Consultant: Door + Hardware Consultants
388 Market Street
San Francisco, CA 94111
415.623.2744
DOOR + HARDWARE CONSULTANTS RATE SCHEDULE
Principal $125.00/hr
Technical Level I $85.00
Technical Level II $55.00
Technical Level III $35.00
10. Acoustical Consultant: Charles Salter Associates, Inc.
130 Sutter Street
San Francisco, CA 94104
415.397.0422
CHARLES SALTER ASSOCI~~TES RATE SCHEDULE
President, Sr. Vice-President, Vice President, Director $185.00/hr
Principal Consultant $160.00
Senior Consultant $125.00
Consultant $110.00
Technical Assistant $75.00
Revised Exhibit D-3