02-036 Hargreaves AssociatesCG~' '
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CUPEI~TIN J~
AGREEMENT~v'~~~~~~R~S No.OlJ~'
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CITY OF CIJPERTINO
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3200
BY THIS AGREEMENT, rt~dt a d entered into on the 14th day of March , 20 Q~_,
by and between the CITY OF CUPERTINO (Hereinafter referred to ~~s CITY) and
Name (1) Hargreaves Associates _ (2) Mary Margaret Jones
Address 2020-17th Street City San Francisco Zip 94103 Phone (415) 865-1811
(Hereinafter referred as CONTRACTOR), in consideration of their mlatual covenants, parties hereto agree as follows:
CONTRACTOR shall provide or furnish the following specified services and/or materials:
Sch ftief ~lesi_gn for C~vzc Cer~yer & Iii pr r r~g~r~~r~i~nt: Exhibit A-Indemnification
EXHIBI~S~~fhe of owln99 attached ex Iblts here are ma a ark o~~:hpis
Exhibit B-Billing Rates
TERMS: The services and/or materials furnished under this Agreement shall commence on March 14, 2002
and shall be completed before December 31, 2002
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: $36, 000.00
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.
GENERAL TERMS AND CONDITIONS
Hold Harmless: Contractor agrees to save and hold harmless the City, its officers, agents and employees from any and all damage and
liability including all costs of defending any claim, caused by or arising out of the performance of this Agreement. City shall not
be liab~e for acts of Contractor in performing services described herein.
due to negligence, errors, and omissions
Insurance: Should the City require evidence of insurability, Contractor 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 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.
Changes: This Agreement shall not be assigned or transferred without the written consent of the Ciry. No changes or variations of any
kind are authorized without the written consent of the City.
CONTRACT CO-ORDINATOR and representative for CITY stall be:
NAME Terry Greene DEPARTMENT Public Works
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.
CITY OF CUPERTINO:
Ety
1~itle nior Architect
APPROVALS
EXPENDITURE DISTRIBUTION
EP EN AD E
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CIT CIERK DATE
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White: City Clerk ~_'~~ Green: Finance Yellow: ContractgL Pink: Receiving /J v Gold: Department
www.hargreaves.com
hargreaves~hargreaves.com
3/12/02
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Terry Greene
Cupertino City Hall
10300 Torre Avenue
Cupertino, '..'A y5014-3202
Landscape Architecture
Planning
PUBLIC WORKS
~-~~, ~ -9 :7(l~
Re: Cupertino Civic Center and Library
HA Project #: CCP0101
Terry,
2020 17th St
San Francisco
California
94103
415.865.1810f
415.865.1811t
Based on our conversation on 3/12/02, we are prepared to begin Schematic Design for the
Cupertino Civic Center and Librar~~ project for a fixed sum of $36,000. This sum of $20,000
for the Civic Plaza and $16,000 for the Library Courtyard for a total of $36,000 was
previously accepted by SMWM aid pertains to the scope outlined to us by SMWM. The
Schematic Design phase is assumed to be a 5-6 week period.
George Hargreaves
Mary Margaret Jones
Services shall be provided on an k~ourly basis as follows:
Glenn Allen Rate
Gavin McMillan Hargreaves $250.00/hour
Jones $200.00/hour
Allen $140.00/hour
Kirt Rieder Sr. Associates, Associates $80.00-120.00/hour
Tim Anderson Staff $50.00-75.00/hour
Catherine Miller
Ken Haines n haco + car ~ ra
All f t.._.., ~ ra~e.. e c~.r. ~nt fer =ix months from the date of the Agreement for
Professional Services, but may bE~ increased subsequently vvithcut written notice.
Carolyn Bodkin
Fees shall not exceed $36,000 without further authorization.
Lauren Mitchell
Jacob Petersen
PROCEDURE
Marcel Wilson
Schematic Design
Hargreaves Associates shall prep:~re drawings indicating the general concept of site
development and budgetary construction cost estimate based upon concept.
REIMBURSABLE COSTS
The following costs shall be reimkJUrsed at cost plus 10% and are not included in the Fee
for Professional Services:
sd agree 3-12-02.doc
www.hargreaves.com
hargreaves~hargreaves.com
co
Landscape Architecture
Planning
2020 17th St
San Francisco
California
94103
415.865.1810f
415.865.1811t
A. Cost of copies of drawings, specifications, reports and cost estimates; xerography and
photographic reproduction of drawings and other documents furnished or prepared in
connection with the work of ':his Contract. No receipts for reimbursables under $25.00
will be submitted.
B. Costs of commercial carrier and public transportation, lodging, car rental and parking,
subsistence and out-of-pocket expenses. Private automobile travel at $0.31 per mile.
C. Cost of postage and shipping expenses other than first class mail.
D. Long distance telephone charges, fax charges.
E. Photographic services, film processing.
F. Cost of models, special rendE~rings, promotional photography, special process printing,
special equipment, special pr nted reports or publications, maps and documents
approved in advance by Client.
G. Fees for additional special corsultants retained with approval of Client.
George Hargreaves Fees for Professional Services and Reimbursable Costs shall be billed monthly. Accounts
Mary Margaret Jones
are payable net 30 days from datE~ of invoice at our offices in San Francisco, California. A
service charge will be applied to ~~II accounts not paid within 30 days of invoice date in the
Glenn Allen amount of one percent (1 %) of invoice amount per month or portion of month thereafter.
Gavin McMillan
Any controversy or claim arising out of or relating to the formation, interpretation,
application, enforceability, or breach of this Agreement, including disputes as to which
Kirt Rieder persons or entities which may be liable hereunder, shall be settled by arbitration at San
Tim Anderson Francisco, California, in accordance with the rules of the American Arbitration Association,
Catherine Miller and judgement upon any award by the arbitrator(s) may be entered in any court having
Ken Haines iurlSdiC'tlOn thereof. In an~r s Bch ?rhltratiOr: rcceedinry re,. ~ '"" ha rl r
p ;,, ~~ ie, ; may be d un_.e:
California Code of Civil Procedure, Section 1283.65, v,~hich section is incorporated herein by
reference in its entirety. The prevailing party in any such arbitration shall be entitled to
Carolyn Rodkin
recover arbitration costs and reasonable attorney's fees, as determined by the arbitrator(s),
Lauren Mitchell in addition to any other relief available.
Jacob Petersen
Marcel Wilson
It is understood that these servicE~s may be terminated upon 10 days written notice for
good reason by either party. In tris event, Hargreaves Associates shall be compensated
for all work performed prior to dale of termination at the rates set forth above. This
proposal shall be considered revoked if acceptance is not received within 90 days of the
date thereof.
We would be pleased to answer cauestions you may have or to clarify the various points
above.
If this proposal meets with your approval, please sign below and return one copy for our
files.
sd agree 3-12-02.doc