13-016 Siegel & Strain Architects, consultant services, McClellan Ranch Blacksmith Shop Renovation ProjectP.O.# 00057974 :P-
FIFTH AMENDMENT TO AGREEMENT BETWEEN THE CITY OF CUPERTINO
AND SIEGEL & STRAIN ARCHITECTS FOR CONSULTANT SER;vICES FOR
MCCLELLAN RANCH BLACKSMITH SHOP RENOVATION PROJECT
This Fifth Amendment to the Agreement between the City of Cupertino and ·
Siegel & Strain Architects, for reference dated December 7th, 2015 , is by and between
the CITY OF CUPERTINO, a municipal corporation (hereinafter "City") and Siegel &
Strain Architects, a California corporation whose addr~ss is 1295 591h Street, Emeryville,
CA 94608, phone: 510-547-8092, (hereinafter "Consultant"), and is made with reference
to the following:
RECITALS:
A. On February 26, 2013, an agreement was entered into by and between City
and Siegel & Strain Architects (hereinafter "Agreement").
B. On June 19, 2013, the CITY and CONSULTANT entered into a First
Amendment to this Agreement and on January 13, 2015, the CITY and
CONSULTANT entered into a Second Amendment to this Agreement and
on February 25, 2015, the CITY and CONSULTANT entered into a Third
Amendment to this Agreement and on August 31, 2015, the CITY and
CONSULTANT entered into a Fourth Amendment to this Agreement
(hereafter, the Agreement and the First Amendment and the Second
Amendment and the Third Amendment and the Fourth Amendment are
collectively referred to as the "Agreement")
C. City and Siegel & Strain Architects desire to modify the Agreement on the
terms and conditions set forth herein.
NOW, THEREFORE, it is mutually agreed by and between and undersigned
parties as follows:
1. Paragraph 1. Term of the Agreement is modified to read as follows:
The term of this Agreement shall commence on the date this Agreement
was first executed and shall terminate on February 29, 2016 unless
terminated earlier as set forth herein.
2. Paragraph 2. Services to be Performed of the Agreement is modified to
read as follows:
Consultant shall perform each and every service set forth in Exhibit A -
2 Revised titled "Scope of Services" which is attached hereto and
Siegel & Strain Architects -Agreement
Blacksmith Shop Renovation
Fifth Amendment
Page 1of3
P.O.# 00057974
incorporated herein by this reference.
3. Paragraph 3. Schedule of Performance of the Agreement is modified to
read as follows:
The Services of Consultant are to be completed according to the
schedule set out in Exhibit B -2 Revised, titled "Schedule of
Performance", which is attached hereto and incorporated herein by
reference.
4. Paragraph 4. Compensation to Consultant of the Agreement is modified
to read as follows:
The maximum compensation to be paid to under this agreement shall
not exceed ONE HUNDRED THIRTY SIX THOUSAND SIX HUNDRED
SEVENTY EIGHT DOLLARS ($ 136,678). The rate of payment is set out in
Exhibit C -2 Revised, titled "Compensation", which is attached hereto
and incorporated herein.
Consultant shall furnish to City a detailed statement of the work
performed for compensation during the term of this Agreement.
Consultant may submit monthly invoices for interim progress payments
during the course of each phase, clearly stating at a minimum the total
Contract amount, amount paid to date, percent complete and amount
due.
Except as expressly modified herein, all other terms and covenants set forth in
the Agreement shall remain the same and shall be in full force and effect.
Siegel & Strain Architects -Agreement
Blacksmith Shop Renovation
Fifth Amendment
Page 2 of 3
P.O.# 00057974
IN WITNESS WHEREOF, the parties hereto have caused this modification of
Agreement to be executed.
Siegel & Strain Architects
Date· t~)B)J< 7 . '
Siegel & Strain Architects -Agreement
Blacksmith Shop Renovation
Fifth Amendment
CITY OF CUPERTINO
A Municipal Corporation
< ' -· ::~::\'!"~
By ":>> ~.)ct>~-
Director of Public Works, Timm Borden
APP~~T=FORM:
By tlQX'.M 9--1/
ty Attorney, Carol Korade
TEST: B~~ltt=
City Clerk, Grace Schmidt /.2_.-22, .._.( J
Contract Amount: $ 136,678
(Fifth Amendment -$ 21,900)
Account No. : 420-9133-9300
420-90-880-900-905-MRP 001-02-02
Page 3 of 3
P.O.# 00057974
FOURTH AMENDMENT TO AGREEMENT BETWEEN THE CITY OF CUPERTINO
AND SIEGEL & STRAIN ARCHITECTS FOR CONSULTANT SERVICES FOR
MCCLELLAN RANCH BLACKSMITH SHOP RENOVATION PROJECT
This Fourth Amendment to the Agreement between the City of Cupertino and
Siegel & Strain Architects, for reference dated August 31, 2015 , is by· and between the
CITY OF CUPERTINO, a municipal corporation (hereinafter "City") and Siegel & Strain
Architects, a California corporation whose address is 1295 59th Street, Emeryville, CA
94608, phone: 510-547-8092, (hereinafter "Consultant"), and is made with reference to
the following:
RECITALS:
A. On February 26, 2013, an agreement was entered into by and between City
and Siegel & St~aif\ Architects (her~inafter "Agreement").
B. On June .19; 2013;' the CITY and CONSULTANT entered into a First
Amendment to this Agreement and on January 13, 2015, the CITY and
CONSULTANT entered into a Second Amendment to this Agreement and
on February 25, 2015, the CITY and CONSULTANT entered into a Third
Amendment to this Agreement (hereafter, the Agreement and the First
Amendment and the. Second Amendment and the Third Amendment are
collectively referred to as the "Agreement")
C. City and Siegel & Strain Architects desire to modify the Agreement on the ·
terms and conditions set forth herein.
NOW, THEREFORE, it is mutually agreed by and between and undersigned
parties as follows:
1. Paragraph 1. Term of the Agreement is modified to read as follows:
The term of this Agreement shall commence on the date this Agreement
was first executed and shall terminate on December 31, 2015 unless
terminated earlier as set forth herein.
Except as expressly modified herein, all other terms and covenants set forth in
the Agreement shall remain the same and shall be in full force and effect.
Siegel & Strain Architects -Agreement
Blacksmith Shop Renovation
Fourth Amendment
Page 1of2
P.O.# 00057974
IN WITNESS WHEREOF, the parties hereto have caused this modification of
Agreement to be executed.
Siegel & Strain Architects
Siegel & Strain Architects -Agreement
Blacksmith Shop Renovation
Fourth Amendment
CITY OF CUPERTINO
A Municipal Corporation
By~~ -n
Director of Pu~ Works, Timm Borden
APPI~OFORM:
-<h By ~ 0 .__......_ City Attorney, Carol Korade
ATTEST:
By~~ ~ City Clerk, Grace Schmidt
Contract Amount: $ 114, 778
(Fourth Amendment -$ 0)
Account No. : 420-9133-9300
420-90-880-900-905-MRP 001-02-02
Page 2 of 2
P.O. # 00057974
THIRD AMENDMENT TO AGREEMENT BETWEEN THE CITY OF CUPERTINO
AND SIEGEL &STRAIN ARCHITECTS FOR CONSULTANT SERVICES FOR
MCCLELLAN RANCH BLACKSMITH SHOP RENOVATION PROJECT
This Third Amendment to the Agreement between the City of Cupertino and
Siegel & Strain Architects, for reference dated February 25, 2015, is by and between the
CITY OF CUPERTINO, a municipal corporation (hereinafter "City") and Siegel & Strain
Architects, a California corporation whose address is 1295 591h Street, Emeryville, CA
94608, phone: 510-547-8092, (hereinafter "Consultant"), and is made with reference to
the following:
RECITALS:
A. On February 26, 2013, an agreement was entered into by and between City
and Siegel&Strain Architects (hereinafter "Agreement").
B. On June 19, 2013, the CITY and CONSULTANT entered into a First
Amendment to this Agreement and on January 13, 2015, the CITY and
CONSULTANT entered into a Second Amendment to this Agreement
hereafter, the Agreement and the First Amendment and the Second
Amendment are collectively referred to as the "Agreement")
C. City and Siegel&Strain Architects desire to modify the Agreement on the
terms and conditions set forth herein.
NOW, THEREFORE, it is mutually agreed by and between and undersigned
parties as follows:
1. Paragraph 1. Term of the Agreement is modified to read as follows:
The term of this Agreement shall commence on the date this Agreement
was first executed and shall terminate on August 31, 2015 unless
terminated earlier as set forth herein.
2. Paragraph 2. Services to be Performed of the Agreement is modified to
read as follows:
Consultant shall perform each and every service set forth in Exhibit A—
1 Revised titled "Scope of Services" which is attached hereto and
incorporated herein by this reference.
3. Paragraph 3. Schedule of Performance of the Agreement is modified to
read as follows:
Page 1 of 3
Siegel&Strain Architects-Agreement
Blacksmith Shop Renovation
Third Amendment
P.O. # 00057974
The Services of Consultant are to be completed according to the
schedule set out in Exhibit B - 1 Revised, titled "Schedule of
Performance", which is attached hereto and incorporated herein by
reference.
4. Paragraph 4. Compensation to Consultant of the Agreement is modified
to read as follows:
The maximum compensation to be paid to under this agreement shall
not exceed ONE HUNDRED FOURTEEN THOUSAND SEVEN HUNDRED
SEVENTY EIGHT DOLLARS ($ 114,778). The rate of payment is set out in
Exhibit C - 1 Revised, titled "Compensation", which is attached hereto
and incorporated herein.
Consultant shall furnish to City a detailed statement of the work
performed for compensation during the term of this Agreement.
Consultant may submit monthly invoices for interim progress payments
during the course of each phase, clearly stating at a minimum the total
Contract amount, amount paid to date, percent complete and amount
due.
Except as expressly modified herein, all other terms and covenants set forth in
the Agreement shall remain the same and shall be in full force and effect.
Page 2 of 3
Siegel&Strain Architects-Agreement
Blacksmith Shop Renovation
Third Amendment
P.O. # 00057974
IN WITNESS WHEREOF, the parties hereto have caused this modification of
Agreement to be executed.
Siegel&Strain Architects CITY OF CUPERTINO
A Municipal Corporation
Y BY
Director of Public Works, Timm Borden
Title." tiC4 147,
Date—0 ' 2S ' /5
APPR VED AS TO FORM:
By
City Attorney, Carol Korade
ATTEST-
By rY
City Clerk, Grace Schmidt
Contract Amount: $ 114,778
Third Amendment-$29,493)
Account No. : 420-9133-9300
420-90-880-900-905-MRP 001-02-02
16111V1j__
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Siegel&Strain Architects-Agreement
Blacksmith Shop Renovation
Third Amendment
EXHIBIT A—1 REVISED
SCOPE OF SERVICES
CONSULTANT shall perform professional services as detailed in the following sections related
to the planning, design and construction of the McClellan Ranch Blacksmith Shop Renovation
project located at the 22221 McClellan Road, Cupertino.
SECTION 1. GENERAL
A. General PROJECT Description:The PROJECT involves the renovation and potential
relocation of the 3/4 scale replica Baer Blacksmith Shop. The work shall include but is not
limited to the concepts for the design and location, construction documents,bid phase
and construction phase services'for this project. All the work shall take into
consideration that the Baer Blacksmith Shop is listed as an Historic Site in the City of
Cupertino's General Plan and work must be completed in compliance with applicable
building and historic preservation codes that apply. The construction budget is TWO
HUNDRED TWENTY THOUSAND DOLLARS($220,000)("CONSTRUCTION
BUDGET"),excluding construction contingency.
B. General Performance Requirements:
1. The performance of all services by CONSULTANT shall be to the satisfaction of
the CITY,in accordance with the express terms hereof,including but not limited
to the terms set out in detail in this scope of services and the standard of care
provisions contained in this AGREEMENT.
2. The CITY's Department of Public Works shall manage the design and
construction of the PROJECT and this AGREEMENT. CONSULTANT shall
receive final direction from the CITY's Director of Public Works or his/her
authorized designee(hereinafter collectively "CITY") only. The CITY shall
resolve any conflicting direction from other groups,departments or agencies.
3. CONSULTANT shall coordinate this scope of services with the CITY as well as
with other CITY consultants and contractors, as needed or as directed by the
CITY. CONSULTANT shall schedule meeting and prepare meeting agendas and
minutes for all PROJECT meetings during the design phase under the scope of
work. All minutes of meetings are due to the CITY within five (5)working days
after the meeting. CONSULTANT shall provide copies of such documentation to
the CITY,and as directed by the CITY, to other appropriate agencies and entities.
CONSULTANT shall coordinate all responses to comments through the CITY.
4. The CITY shall direct CONSULTANT with respect to programming and
functionality of the PROJECT space. The CITY shall approve design milestones
and cost estimates from Conceptual Design through Construction
Documentation phases. CITY shall issue building permit for the construction.
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Siegel&Strain Architects Agreement
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Exhibits—Amendment No.3
For the purpose of this AGREEMENT,direct written authorization or approval
from the CITY shall mean and require the signatures of the CITY.
5. CONSULTANT shall designate and provide to the CITY the names of their team
members for the PROJECT. The team members shall be satisfactory to the CITY.
The team members shall include Burton Edwards as CONSULTANT's Principal-
in-charge for the duration of the PROJECT. CONSULTANT shall not substitute
any team members without the prior approval of the CITY.
6. CONSULTANT's services shall be performed as expeditiously as is consistent
with professional skill and care and the orderly process of the work. The
schedule for the performance included in EXHIBIT B-1 Revised,may be
adjusted by mutual agreement.
7. CONSULTANT shall manage its SUBCONSULTANTS, and administer the
PROJECT. CONSULTANT shall consult with the CITY,research applicable
design criteria,and communicate with members of the PROJECT team.
8. When the CITY determines that the PROJECT requirements have been
sufficiently identified,CONSULTANT shall prepare and update a PROJECT
schedule for the CITY at the beginning of each TASK as defined in SECTION 2-
TASKS" of this EXHIBIT A-1 Revised. The PROJECT schedule shall identify
milestone dates for decisions required of the CITY, design services furnished by
CONSULTANT and CONSULTANT's SUBCONSULTANTS, dates of reviews
and approvals required by all governmental agencies that have jurisdiction over
the PROJECT,deliverables to be furnished by CONSULTANT,completion of
documentation provided by CONSULTANT,commencement of construction
and substantial completion of the construction of the PROJECT,and as identified
in the exhibits under this AGREEMENT.
9. CONSULTANT shall submit design and construction documents to the CITY,
according with this EXHIBIT A-1 Revised for purposes of evaluation and
approval by the CITY. The CITY including the Department of Public Works
Engineering and City Facilities and Department of Parks and Recreation will
review the design during each phase.CONSULTANT will meet with the CITY
for progress review at various stages of the PROJECT. CONSULTANT will be
responsible for causing the appropriate SUBCONSULTANT(S)to attend any
meetings included in this SCOPE OF SERVICES. CONSULTANT shall make
revisions to the design and construction documents as required for each task in a
timely manner.
10. CONSULTANT shall assist the CITY,as requested by the CITY,in connection
with the CITY's responsibility for filing documents required for the approval of
governmental authorities having jurisdiction over the PROJECT,including
submitting to the CITY's Building Department for a building permit.
11. CONSULTANT shall prepare and make presentations to explain the conceptal
designs of the PROJECT at various occasions to representatives of the CITY,as
directed by the CITY according with this EXHIBIT A-1 Revised. In addition
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Exhibits-Amendment No.3
CONSULTANT will be required to attend and prepare presentation materials for
a Parks and Recreation Commission meeting.
C. Estimate of Probable Construction Cost:CONSULTANT shall be responsible to design
the PROJECT and provide an Estimate of Probable Construction Cost consistent with the
following procedures and requirements.
1. CONSULTANT shall be responsible for designing the PROJECT so that the
Estimate of Probable Construction Cost is less than or equal to the
CONSTRUCTION BUDGET established by the CITY for the PROJECT.The Project
Construction Budget shall be provided by the CONSULTANT as a summary sheet
with submittal of each required Estimate of Probable Construction Cost, showing
comparisons of cost evolution for the PROJECT. As the design process progresses
CONSULTANT shall update and refine the Estimate of Probable Construction
Cost as required in this EXHIBIT A-1 Revised. CONSULTANT shall advise the
CITY in writing of any adjustments to previous Estimates of Probable Construction
Cost indicated by changes in PROJECT requirements or general market conditions.
2. Should the Estimate of Probable Construction Cost exceed the CONSTRUCTION
BUDGET,CONSULTANT shall,during the design phases of the project,revise,
without additional cost to the CITY,the design documents and/or Construction
Documents incorporating scope and quality changes to reduce the estimated
costs for construction,to within the CONSTRUCTION BUDGET.
CONSULTANT shall make changes only as approved by the CITY in writing.
Reductions in scope may be required to meet the CITY's budget,and the CITY
will not unreasonably withhold permission for such reductions in scope order
for the CONSULTANTS to meet the budget.Notwithstanding the foregoing,to
the extent the Estimate of Probable Construction Cost exceeds the
CONSTRUCTION BUDGET due to any program, design or budget changes,
initiated and authorized by the CITY which are beyond CONSULTANT's
control, any changes required in the design documents,shall be considered as
Additional Services as noted in Exhibit C-1 Revised of this AGREEMENT.
3. In preparing the Estimate of Probable Construction Cost,CONSULTANT,in
consultation with the CITY,shall do each of the following: (a)include
contingencies for design,bidding,and price escalations to determine which
materials,equipment,component systems and type of construction are to be
included in the PROJECT,and(b)make reasonable adjustments and/or to value
engineer various items in all required submittal cost estimates of the PROJECT,
including alternate bids,in order to adjust the estimated construction cost to be
less than or equal to the CONSTRUCTION BUDGET.
4. If bidding has not commenced within 90 days after CONSULTANT submits the
Construction Documents to the CITY,CONSULTANT shall adjust the Estimate
of Probable Construction Cost to reflect changes in the general level of prices in
the construction industry.This will be an additional service.
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Siegel&Strain Architects Agreement
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Exhibits—Amendment No.3
5. CONSULTANT shall identify,develop and incorporate into the Construction
Documents"Add or Deduct Alternate" construction cost elements that may be
chosen to meet the City's budget. Alternates shall be approved by the CITY
before being incorporated into the Construction Documents.
6. Should the lowest responsive bid exceed the CITY approved CONSTRUCTION
BUDGET by more than fifteen percent(15%), CONSULTANT shall,if directed
by the CITY,submit without additional cost to the CITY,revised Construction
Documents reflecting changes, approved by the CITY,to reduce the
Construction Costs to within the CONSTRUCTION BUDGET.The CITY
acknowledges that the CONSULTANT does not control market conditions and
agrees that they may allow reductions in scope in order to meet the CITY's
construction budget.
SECTION 2. TASKS
Task 1.Review of Existing Documentation
CONSULTANT will review the existing documentation for the Blacksmith Shop
that consists of various reports.
Task 2. Site Visit McClellan Ranch
CONSULTANT will visit the Blacksmith Shop with their proposed Structural
Engineer(John Ware,Ware Associates)and other sub-consultants. Together they will
update the prior conditions report(s)and review the current status of the building.
This will include one meeting to confirm the scope of the project.
Task 3. Conceptual Design
CONSULTANT will provide the CITY with up to two conceptual plans for relocation
and renovation of the Blacksmith Shop. CONSULTANT will meet with the CITY and
selected stakeholders and focus on potential functions to be housed in the Blacksmith
Shop.It will be important for the CITY to determine the extent of use for the
renovated building: will it be for display or demonstration? The inclusion of a
functioning forge will have a significant impact on the design and re-construction of
the Blacksmith Shop. The CITY may provide comments on the conceptual options.
After appropriate response to comments, CONSULTANT will provide the CITY with a
design for one preferred option.CONSULTANT and sub-consultants will provide
conceptual cost estimates for up to two alternate locations for the Blacksmith Shop.
CONSULTANT will make a presentation to the Parks and Recreation Commission
presenting the preferred conceptual design.
Task 4. Construction Documents
CONSULTANT to prepare Construction Documents consisting of plans and technical
specifications for the relocated renovated Blacksmith Shop. (One full size hard copy
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Exhibits-Amendment No.3
original stamped and signed and one electronic copy in pdf and CADD and technical
specifications in MS Word and pdf) Full size plans to be 22" x 34" and 1/2 size scale
able will be 11"x 17". S&S will prepare one final cost estimate at the completion of
construction documents.
Task 5. Bid and Award:
The CONSULTANT'S assistance to the CITY during bid solicitation process are included in
this agreement. CONSULTANT shall prepare a conformed set of project documents.
Task 6. Construction Administration:
CONSULTANT shall provide construction administration services for the project.
CONSULTANT shall issue record drawings incorporating revisions made to the drawing set
during construction.
Task 7. Construction Change Order Assistance:
CONSULTANT shall provide documents to assist in preparing a change order to the
construction contract to assist in revising the grading and pathway work to be accomplished
under the current construction contract.
Work to includes but is not limited to updating the current grading and drainage plan by
verifying new elevations due to construction. The grading includes adding areas next to the
Blacksmith shop that will be turf areas in the future. The plan will also include the revisions
and additions to the pathways and other areas at the Blacksmith Shop and the Environmental
Education Center. The work includes the installation of concrete stairs with handrails from
the north end of the covered area to the pathway along the parking area. Also included in the
work is a retaining wall around the Oak tree across from the Blacksmith shop, this wall is to
be similar to the wood retaining wall with a wood curb on top. Consultant will provide
construction details for these and for vehicular traffic paths to be 6"thick with reinforcing.
The work also includes adjusting the hydroseeded areas.
This work also includes the CONSULTANT providing an inspection by the Civil Engineer to
verify and report on the form work and the planting areas to verify conformance with the
plans for cross slope and longitudinal slope and are within accessibility codes.
ADDITIONAL SERVICES
Consultant Services beyond the work in these tasks may be provided by CONSULTANT as
Additional Services only if such Additional Services are authorized in writing by the CITY
in advance. An Additional services amount of THIRTEEN THOUSAND DOLLARS
13,000.00)is made a part of this agreement. Additional services may be paid for as a
negotiated maximum not to exceed amount or by a time and materials cost accounting with
a maximum not to exceed.
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Exhibits—Amendment No.3
EXHIBIT B—1 REVISED
SCHEDULE OF PERFORMANCE
CONSULTANT shall complete all work by August 31,2015.
The following sets forth the distribution of CONSULTANT's Schedule of Performance for each
project.The CITY may approve in writing the extension of any milestone date set in this
Exhibit.
Task#1: Review of Existing Documentation: 1 weeks after
Notice to
Proceed(NTP)
for this phase
Task#2 Site Visit McClellan Ranch:2 weeks after
Notice to
Proceed(NTP)
for this phase
Task#3: Conceptual Plans: 6 weeks after
Notice to
Proceed(NTP)
for this phase
Task#4: Construction Documents: 11 week after
Notice to
Proceed (NTP)
for this phase
Task#5: Bid and Award: 22 weeks after
Notice to
Proceed(NTP)
for this phase
Task#6: Construction Administration: 26 weeks after
Notice to
Proceed(NTP)
for this phase
Task#7: Construction Change Order Assistance 1 weeks after
Notice to
Proceed(NTP)
for this phase
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Exhibits-Amendment No.3
Exhibit C—1 REVISED
COMPENSATION
A. Maximum Compensation.
The CITY agrees to compensate CONSULTANT for professional services performed in
accordance with the terms and conditions of this AGREEMENT. The maximum amount of
compensation to be paid to CONSULTANT under this AGREEMENT,including both payment
for professional services,additional services and reimbursable expenses, shall not exceed ONE
HUNDRED FOURTEEN THOUSAND SEVEN HUNDRED SEVENTY EIGHT DOLLARS($
114,778).CONSULTANT agrees that it shall perform all of the services set forth in Exhibit A of
this AGREEMENT,except for additional services required pursuant to Section 2, and inclusive
of reimbursable expenses,for the amount of ONE HUNDRED ONE THOUSAND SEVEN
HUNDRED SEVENTY EIGHT DOLLAS($101,778). The maximum amount of Additional
Services are authorized under Section G of this Exhibit C-1 Revised is THIRTEEN
THOUSAND DOLLARS($ 13,000).
B. Method of Payment
For Task Nos. 1 through 6 CONSULTANT shall,during the term of this AGREEMENT, invoice
the CITY monthly based upon a percentage of completion of each milestone set forth below in
the Payment Schedule (Schedule D below)for services performed,and reimbursable expenses
incurred if applicable,in completing that milestone under this AGREEMENT. (Hereinafter
Invoice.") Provided CONSULTANT has completed the services and incurred the reimbursable
expenses covered by the Invoice in accordance with the provisions of this AGREEMENT, as
determined by the CITY,the CITY shall pay CONSULTANT the amount shown on the Invoice
within thirty(30)working days of receipt of the Invoice.
The Invoice shall be based on the percentage of milestone completed, and it shall describe the
topics and tasks completed during the Invoice period in accordance with the Budget Schedule
and Payment Schedule set forth below. The Invoice shall list work completed and reimbursable
expenses if applicable,in accordance with the Budget Schedule and Payment Schedule set forth
below. CONSULTANT also shall include supporting documents for any reimbursable
expenses. The Invoice shall also show the total to be paid for the Invoice period.
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Exhibits—Amendment No.3
C. Budget Schedule
The Budget Schedule for this AGREEMENT shall be as follows:
Task
Task Description Compensation
Task#1:Review of Existing Documentation 1,558
Task#2:Site Visit 4,426
Task#3:Conceptual Design 23,919
Task#4:Construction Documents 34,332
Task#5:Bidding and Award NIC 3,500
Task#6:Construction Administration Services/as built drawing NIC 14,550
Task#7: Construction Change Order Assistance 19,493
Additional Services 13,000
TOTAL 114,778
CONSULTANT shall not exceed any of the specified budget amounts for any Task without prior
written authorization from the CITY. The CITY may approve in writing the transfer of budget
amounts between any of the Tasks listed above provided the total AGREEMENT amount does
not exceed ONE HUNDRED FOURTEEN THOUSAND SEVEN HUNDRED SEVENTY EIGHT
DOLLARS($ 114,778).
Page 8 of 11
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Exhibits-Amendment No.3
D. Payment Schedule
The Payment Schedule for this AGREEMENT shall be as follows:
TASK MILESTONE PERCENT OF TASK
COMPENSATION PAIL;
UPON COMPLETION
OF MILESTONE
Task#1- Review of Existing Documentation 100%
Task#2- Site Visit McClellan Ranch
100%
Task#3-Conceptual Plans
a. Submission of Conceptual Plan 80%
b. City signed Conceptual Design Approval 20%
Task#4-Construction Documents
a. Submission of 95%Construction Document 80%
b. Submission of 100%Construction Document and Cost Est 10%
c. City signed and approve Building Permit set Issued for 10%
Construction Document Submittal
Task#5-Bidding and Award
a. Within 30 days of the City advertising for bids 70%
b. Receipt of conformed set of drawings 30%
Task#6-Construction Administration
a. CA during construction 80%
b. Submission of Final Documentation Package to CITY
Record Documents(AS-Built) 20%
Task#7- Additional Services Paid pursuant to
Subsection G below.
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Exhibits-Amendment No.3
E. Subconsultant Services.
CONSULTANT is directly responsible for any payment for SUBCONSULTANT work on this
PROJECT. SUBCONSULTANT work on this PROJECT is included in the Budget Schedule
shown above and shall be billed to the CITY by CONSULTANT as part of the Basic Services.
F. Reimbursable expenses.
Reimbursable expenses are included in CONSULTANT's maximum compensation,including,
but not limited to,any expenses related to CONSULTANT's internal plan checks,CAD test
prints,8 1/2" x 11" copies or fax copies. Plotting and Printing for public distribution will be the
responsibility of the CITY. There are no separate reimbursable expenses for Basic Services
performed under Tasks 1-6 of EXHIBIT A-1 Revised.
G. Additional Services.
CONSULTANT shall not perform Additional Services without prior written authorization of
the CITY. Additional Services shall be separately negotiated to be paid on a maximum not to
exceed or a time and material basis not to exceed at the rates set forth herein,as authorized by
the CITY. The CITY has set aside the sum of THIRTEEN THOUSAND DOLLARS($13,000)for
the payment of Additional Services.The CITY shall not authorize and CONSULTANT shall not
perform any Additional Services that result in charges in excess of the above amount.
CONSULTANT shall submit an Invoice to the CITY for payment on a monthly basis for
authorized Additional Services rendered during the previous month. In the event Additional
Services are authorized,CONSULTANT shall submit Invoices in accordance with the
CONSULTANT hourly rate schedule attached to this EXHIBIT C-1 Revised. The rates shown
in the EXHIBIT C-1 shall stay in effect during the full term of the contract. The CITY shall pay
Additional Services Invoices as provided in this EXHIBIT C-1 Revised.
Page 10 of 11
Siegel&Strain Architects Agreement
Blacksmith Shop Renovation
Exhibits—Amendment No.3
EXHIBIT C-1 REVISED
CONSULTANT HOURLY RATES FOR ADDITONAL SERVICES
Siegel&Strain Architects
Principal 185
Architectural Historian 165
Project Manager 145
Project Architect 125
Support Staff 70
Page 11 of 11
Siegel&Strain Architects Agreement
Blacksmith Shop Renovation
Exhibits—Amendment No.3
CITY OF
Im'
CUPERTINO
McClellan Ranch Blacksmith Shop Renovation Project
ADDITIONAL ENCUMBERANCE NO. 2
March 3,2015
Contractor:
Siegel & Strain Architects
1295 59th Street
Emeryville, CA 94608
The following change is hereby approved and request for additional encumbrance:
IA. Additional Services outlined in Amendment No. 3 29,493.00
Total Additional Encumbrance No. 2 29,493.00
Total Project Encumbrance:
Original Contract 67,360.00
Additional Encumbrance No. 1 17,925.00 /
Additional Encumbrance No. 2 29,493.00
Revised Contract 114,778.00
ORIGINAL P.O. NUMBER: 00057974 #–)-v 4—
ACCOUNTACCOUNT NUMBER: 420-9143-9300
New Account No. 420-90-880-900-905-MRP 001-02-02
APPROVED BY:
Timm Borden, P.E.
Director of Public Works
Date --3,fC u r 5—
SECOND AMENDMENT TO AGREEMENT BETWEEN THE CITY OF CUPERTINO i
AND SIEGEL & STRAIN ARCHITECTS FOR CONSULTANT SERVICES FOR
MCCLELLAN RANCH BLACKSMITH SHOP RENOVATION PROJECT
This Second Amendment to the Agreement between the City of Cupertino and
Siegel & Strain Architects,, for reference dated January 13, 2015 , is by and between the
CITY OF CUPERTINO, a municipal corporation (hereinafter "City") and Siegel & Strain
Architects, a California corporation whose address is 1295 591' Street, Emeryville, CA
94608, phone: 510-547-8092, (hereinafter "Consultant"), and is made with reference to
the following:
RECITALS:
A. On February 26, 2013, an agreement was entered into by and between City
and Siegel & Strain Architects (hereinafter "Agreement").
B. On June 19, 2013, the CITY and CONSULTANT entered into a First
Amendment to this Agreement (hereafter, the Agreement and the First
Amendment are collectively referred to as the "Agreement")
C. City and Siegel & Strain Architects desire to modify the Agreement on the
terms and conditions set forth herein.
NOW, THEREFORE, it is mutually agreed by and between and undersigned
parties as follows:
1. Paragraph 1. Term of the Agreement is modified to read as follows:
The term of this Agreement shall commence on the date this Agreement
was first executed and shall terminate on July 31, 2015 unless
terminated earlier as set forth herein.
Except as expressly modified herein, all 'other terms and covenants set forth in
the Agreement shall remain the same and shall be in full force and effect.
Siegel & Strain Architects — Agreement
Blacksmith Shop Renovation
Second Amendment
Page 1 of 2
IN WITNESS WHEREOF, the parties hereto have caused this modification of
Agreement to be executed.
Siegel & Strain Architects
Titlel,. lN Q
Date
Siegel & Strain Architects - Agreement
Blacksmith Shop Renovation
Second Amendment
CITY OF CUPERTINO
A Municipal Corporation
By
1) or of Public Works, Timm Borden
APPR VED AS TO FORM:
By 101) A A
O-4A'
Ci . Attorney, Carol Korade
ATTEST:
By
City Clerk, Grace Schmidt
Contract Amount: $ 85,285
Second Amendment - $ 0)
Account No.: 420-9143-9300
Page 2 of 2
FIRST AMENRMENT TP-ACEEMENT BETWEEN THE CITY OF CUPERTINO
AND SIEGEL & STRAIN ARCHITECTS FOR CONSULTANT SERVICES FOR
M LELLAN RANCH BLACKSMITH SHOP RENOVATION PROJECT
This First Amendment to the Agreement between the City of Cupertino and
Siegel & Strain Architects, for reference dated June 19, 2013 , is by and between the
CITY OF CUPERTINO, a municipal corporation (hereinafter "City") and Siegel & Strain
Architects, a California corporation whose address is 1295 59th Street, Emeryville, CA
94608, phone: 510-547-8092, (hereinafter "Consultant"), and is made with reference to
the following:
RECITALS:
A. On February 26, 2013, an agreement was entered into by and between City
and Siegel & Strain Architects (hereinafter "Agreement").
B. City and Siegel & Strain Architects desire to modify the Agreement on the
terms and conditions set forth herein.
NOW, THEREFORE, it is mutually agreed by and between and undersigned
parties as follows:
1. Paragraph 2. Services to be Performed of the Agreement is modified to
read as follows:
Consultant shall perform each and every service set forth in Exhibit A —
1 titled "Scope of Services" which is attached hereto and incorporated
herein by this reference.
2. Paragraph 3. Schedule of Performance of the Agreement is modified to
read as follows:
The Services of Consultant are to be completed according to the
schedule set out in Exhibit B — 1, titled "Schedule of Performance",
which is attached hereto and. incorporated herein by reference.
3. Paragraph 4. Compensation to Consultant of the Agreement is modified
to read as follows:
The maximum compensation to be paid to under this agreement shall
not exceed EIGHTY FlvE THOUSAND TWO HUNDRED EIGHTY FIVE
DOLLARS ($85,2_851__ e rate of payment is set out in Exhibit C — 1,
titled "Compensation", which is attached hereto and incorporated
Page 't of 3
Siegel & Strain Architects - Agreement
Blacksmith Shop Renovation
First Amendment
herein.
Consultant shall furnish to City a detailed statement of the work
performed for compensation during the term of this Agreement.
Consultant may submit monthly invoices for interim progress payments
during the course of each phase, clearly stating at a minimum the total
Contract amount, amount paid to date, percent complete and amount
due.
Except as expressly modified herein, all other terms and covenants set forth in
the Agreement shall remain the same and shall be in full force and effect.
Page 2 of 3
Siegel & Strain Architects — Agreement
Blacksmith Shop Renovation
First Amendment
P e 1 D
IN WITNESS WHEREOF, the parties hereto have caused this modification of
Agreement to be executed./
Siegel & Strain Architects
Title r XiA)C4P--f'L
Date // ,4a t
0,,
A
CITY OF CUPERTINO
A Municipal Corporation
A
By
Di r of ublic Works, Timm Borden
APPROVED AS TO FORM:
ByV=CiNyade
ATTEST:
By t
City Clerk, Grace Schmidt
Contract Amount: $ 85,285
Account No.: 420-9143-9300
Page :3 of 3
Siegel & Strain Architects - Agreement
Blacksmith Shop Renovation
First Amendment
EXHIBIT A -1
SCOPE OF SERVICES
CONSULTANT shall perform professional services as detailed in the following sections related
to the planning, design and construction of the McClellan Ranch Blacksmith Shop Renovation
project located at the 22221 McClellan Road, Cupertino.
SECTION 1. GENERAL
A. General PROJECT Description: The PROJECT involves the renovation and potential
relocation of the 3/4 scale replica Baer Blacksmith Shop. The work shall include but is not
limited to the concepts for the design and location, construction documents, bid phase
and construction phase services for this project. All the work shall take into
consideration that the Baer Blacksmith Shop is listed as an Historic Site in the City of
Cupertino's General Plan and work must be completed in compliance with applicable
building and historic preservation codes that apply. The construction budget is TWO
HUNDRED TWENTY THOUSAND DOLLARS ($220,000)("CONSTRUCTION
BUDGET"), excluding construction contingency.
B. General Performance Requirements:
1. The performance of all services by CONSULTANT shall be to the satisfaction of
the CITY, in accordance with the express terms hereof, including but not limited
to the terms set out in detail in this scope of services and the standard of care
provisions contained in this AGREEMENT.
2. The CITY's Department of Public Works shall manage the design and
construction of the PROJECT and this AGREEMENT. CONSULTANT shall
receive final direction from the CITY's Director of Public Works or his/her
authorized designee (hereinafter collectively "CITY") only. The CITY shall
resolve any conflicting direction from other groups, departments or agencies.
3. CONSULTANT shall coordinate this scope of services with the CITY as well as
with other CITY consultants and contractors, as needed or as directed by the
CITY. CONSULTANT shall schedule meeting and prepare meeting agendas and
minutes for all PROJECT meetings during the design phase under the scope of
work. All minutes of meetings are due to the CITY within five (5) working days
after the meeting. CONSULTANT shall provide copies of such documentation to
the CITY, and as directed by the CITY, to other appropriate agencies and entities.
CONSULTANT shall coordinate all responses to comments through the CITY.
4. The CITY shall direct CONSULTANT with respect to programming and
functionality of the PROJECT space. The CITY shall approve design milestones
and cost estimates from Conceptual Design through Construction
Documentation phases. CITY shall issue building permit for the construction.
Page 1 of 11
Siegel & Strain Architects Agreement
Blacksmith Shop Renovation
Exhibits - Amendment No. 1
For the purpose of this AGREEMENT, direct written authorization or approval
from the CITY shall mean and require the signatures of the CITY.
5. CONSULTANT shall designate and provide to the CITY the names of their team
members for the PROJECT. The team members shall be satisfactory to the CITY.
The team members shall include Burton Edwards as CONSULTANT's Principal -
in -charge for the duration of the PROJECT. CONSULTANT shall not substitute
any team members without the prior approval of the CITY.
6. CONSULTANT's services shall be performed as expeditiously as is consistent
with professional skill and care and the orderly process of the work. The
schedule for the performance included in EXHIBIT B - 1, may be adjusted by
mutual agreement.
7. CONSULTANT shall manage its SUBCONSULTANTS, and administer the
PROJECT. CONSULTANT shall consult with the CITY, research applicable
design criteria, and communicate with members of the PROJECT team.
8. When the CITY determines that the PROJECT requirements have been
sufficiently identified, CONSULTANT shall prepare and update a PROJECT
schedule for the CITY at the beginning of each TASK as defined in SECTION 2 -
TASKS" of this EXHIBIT A -1. The PROJECT schedule shall identify milestone
dates for decisions required of the CITY, design services furnished by
CONSULTANT and CONSULTANT's SUBCONSULTANTS, dates of reviews
and approvals required by all governmental agencies that have jurisdiction over
the PROJECT, deliverables to be furnished by CONSULTANT, completion of
documentation provided by CONSULTANT, commencement of construction
and substantial completion of the construction of the PROJECT, and as identified
in the exhibits under this AGREEMENT.
9. CONSULTANT shall submit design and construction documents to the CITY,
according with this EXHIBIT A -1 for purposes of evaluation and approval by
the CITY. The CITY including the Department of Public Works Engineering and
City Facilities and Department of Parks and Recreation will review the design
during each phase. CONSULTANT will meet with the CITY for progress review
at various stages of the PROJECT. CONSULTANT will be responsible for
causing the appropriate SUBCONSULTANT(S) to attend any meetings included
in this SCOPE OF SERVICES. CONSULTANT shall make revisions to the design
and construction documents as required for each task in a timely manner.
10. CONSULTANT shall assist the CITY, as requested by the CITY, in connection
with the CITY's responsibility for filing documents required for the approval of
governmental authorities having jurisdiction over the PROJECT, including
submitting to the CITY's Building Department for a building permit.
11. CONSULTANT shall prepare and make presentations to explain the conceptal
designs of the PROJECT at various occasions to representatives of the CITY, as
directed by the CITY according with this EXHIBIT A -1. In addition
Page 2 of 11
Siegel & Strain Architects Agreement
Blacksmith Shop Renovation
Exhibits — Amendment No. 1
CONSULTANT will be required to attend and prepare presentation materials for
a Parks and Recreation Commission meeting.
C. Estimate of Probable Construction Cost: CONSULTANT shall be responsible to design
the PROJECT and provide an Estimate of Probable Construction Cost consistent with the
following procedures and requirements.
1. CONSULTANT shall be responsible for designing the PROJECT so that the
Estimate of Probable Construction Cost is less than or equal to the
CONSTRUCTION BUDGET established by the CITY for the PROJECT. The Project
Construction Budget shall be provided by the CONSULTANT as a summary sheet
with submittal of each required Estimate of Probable Construction Cost, showing
comparisons of cost evolution for the PROJECT. As the design process progresses
CONSULTANT shall update and refine the Estimate of Probable Construction
Cost as required in this EXHIBIT A - 1. CONSULTANT shall advise the CITY in
writing of any adjustments to previous Estimates of Probable Construction Cost
indicated by changes in PROJECT requirements or general market conditions.
2. Should the Estimate of Probable Construction Cost exceed the CONSTRUCTION
BUDGET, CONSULTANT shall, during the design phases of the project, revise,
without additional cost to the CITY, the design documents and/or Construction
Documents incorporating scope and quality changes to reduce the estimated
costs for construction, to within the CONSTRUCTION BUDGET.
CONSULTANT shall make changes only as approved by the CITY in writing.
Reductions in scope may be required to meet the CITY's budget, and the CITY
will not unreasonably withhold permission for such reductions in scope order
for the CONSULTANTS to meet the budget. Notwithstanding the foregoing, to
the extent the Estimate of Probable Construction Cost exceeds the
CONSTRUCTION BUDGET due to any program, design or budget changes,
initiated and authorized by the CITY which are beyond CONSULTANT's
control, any changes required in the design documents, shall be considered as
Additional Services as noted in Exhibit C -1 of this AGREEMENT.
3. In preparing the Estimate of Probable Construction Cost, CONSULTANT, in
consultation with the CITY, shall do each of the following: (a) include
contingencies for design, bidding, and price escalations to determine which
materials, equipment, component systems and type of construction are to be
included in the PROJECT, and (b) make reasonable adjustments and/or to value
engineer various items in all required submittal cost estimates of the PROJECT,
including alternate bids, in order to adjust the estimated construction cost to be
less than or equal to the CONSTRUCTION BUDGET.
4. If bidding has not commenced within 90 days after CONSULTANT submits the
Construction Documents to the CITY, CONSULTANT shall adjust the Estimate
of Probable Construction Cost to reflect changes in the general level of prices in
the construction industry. This will be an additional service.
Page 3 of 11
Siegel & Strain Architects Agreement
Blacksmith Shop Renovation
Exhibits — Amendment No. 1
5. CONSULTANT shall identify, develop and incorporate into the Construction
Documents "Add or Deduct Alternate" construction cost elements that may be
chosen to meet the City's budget. Alternates shall be approved by the CITY
before being incorporated into the Construction Documents.
6. Should the lowest responsive bid exceed the CITY approved CONSTRUCTION
BUDGET by more than fifteen percent (15%), CONSULTANT shall, if directed
by the CITY, submit without additional cost to the CITY, revised Construction
Documents reflecting changes, approved by the CITY, to reduce the
Construction Costs to within the CONSTRUCTION BUDGET. The CITY
acknowledges that the CONSULTANT does not control market conditions and
agrees that they may allow reductions in scope in order to meet the CITY's
construction budget.
SECTION 2. TASKS
Task 1. Review of Existing Documentation
CONSULTANT will review the existing documentation for the Blacksmith Shop
that consists of various reports.
Task 2. Site Visit McClellan Ranch
CONSULTANT will visit the Blacksmith Shop with their proposed Structural
Engineer (John Ware, Ware Associates) and other sub -consultants. Together they will
update the prior conditions report(s) and review the current status of the building.
This will include one meeting to confirm the scope of the project.
Task 3. Conceptual Design
CONSULTANT will provide the CITY with up to two conceptual plans for relocation
and renovation of the Blacksmith Shop. CONSULTANT will meet with the CITY and
selected stakeholders and focus on potential functions to be housed in the Blacksmith
Shop. It will be important for the CITY to determine the extent of use for the
renovated building: will it be for display or demonstration? The inclusion of a
functioning forge will have a significant impact on the design and re -construction of
the Blacksmith Shop. The CITY may provide comments on the conceptual options.
After appropriate response to comments, CONSULTANT will provide the CITY with a
design for one preferred option. CONSULTANT and sub -consultants will provide
conceptual cost estimates for up to two alternate locations for the Blacksmith Shop.
CONSULTANT will make a presentation to the Parks and Recreation Commission
presenting the preferred conceptual design.
Task 4. Construction Documents
CONSULTANT to prepare Construction Documents consisting of plans and technical
specifications for the relocated renovated Blacksmith Shop. (One full size hard copy
Page 9! of 11
Siegel & Strain Architects Agreement
Blacksmith Shop Renovation
Exhibits - Amendment No. 1
original stamped and signed and one electronic copy in pdf and CADD and technical
specifications in MS Word and pdf) Full size plans to be 22" x 34" and 1/2 size scale
able will be 11" x 17". S&S will prepare one final cost estimate at the completion of
construction documents.
Task 5. Bid and Award:
The CONSULTANT'S assistance to the CITY during bid solicitation process are included in
this agreement. CONSULTANT shall prepare a conformed set of project documents.
Task 6. Construction Administration:
CONSULTANT shall provide construction administration services for the project.
CONSULTANT shall issue record drawings incorporating revisions made to the drawing set
during construction.
ADDITIONAL SERVICES
Consultant Services beyond the work in these tasks may be provided by CONSULTANT as
Additional Services only if such Additional Services are authorized in writing by the CITY
in advance. An Additional services amount of THREE THOUSAND DOLLARS ($3,000.00)
is made a part of this agreement. Additional services may be paid for as a negotiated
maximum not to exceed amount or by a time and materials cost accounting with a
maximum not to exceed.
Page 5 of 11
Siegel & Strain Architects Agreement
Blacksmith Shop Renovation
Exhibits - Amendment No. 1
EXHIBIT B -1
SCHEDULE OF PERFORMANCE
CONSULTANT shall complete all work by December 31, 2014.
The following sets forth the distribution of CONSULTANT's Schedule of Performance for each
project. The CITY may approve in writing the extension of any milestone date set in this
Exhibit.
Task #1: Review of Existing Documentation: 1 weeks after
Notice to
Proceed (NTP)
for this phase
Task#2 Site Visit McClellan Ranch: 2 weeks after
Notice to
Proceed (NTP)
for this phase
Task #3: Conceptual Plans: 6 weeks after
Notice to
Proceed (NTP)
for this phase
Task #4: Construction Documents: 11 week after
Notice to
Proceed (NTP)
for this phase
Task #5: Bid and Award: 22 weeks after
Notice to
Proceed (NTP)
for this phase
Task #6: Construction Administration: 26 weeks after
Notice to
Proceed (NTP)
for this phase
Page 6 of 11
Siegel & Strain Architects Agreement
Blacksmith Shop Renovation
Exhibits - Amendment No. 1
Exhibit C -1
COMPENSATION
A. Maximum Compensation.
The CITY agrees to compensate CONSULTANT for professional services performed in
accordance with the terms and conditions of this AGREEMENT. The maximum amount of
compensation to be paid to CONSULTANT under this AGREEMENT, including both payment
for professional services, additional services and reimbursable expenses, shall not exceed
EIGHTY FIVE THOUSAND TWO HUNDRED EIGHTY FIVE DOLLARS ($ 85,285).
CONSULTANT agrees that it shall perform all of the services set forth in Exhibit A of this
AGREEMENT, except for additional services required pursuant to Section 2, and inclusive of
reimbursable expenses, for the amount of EIGHTY TWO THOUSAND TWO HUNDRED
EIGHTY FIVE DOLLARS ($ 82,285). The maximum amount of Additional Services are
authorized under Section G of this Exhibit C -1 is THREE THOUSAND DOLLARS ($ 3,000).
B. Method of Payment
For Task Nos. 1 through 6 CONSULTANT shall, during the term of this AGREEMENT, invoice
the CITY monthly based upon a percentage of completion of each milestone set forth below in
the Payment Schedule (Schedule D below) for services performed, and reimbursable expenses
incurred if applicable, in completing that milestone under this AGREEMENT. (Hereinafter
Invoice.") Provided CONSULTANT has completed the services and incurred the reimbursable
expenses covered by the Invoice in accordance with the provisions of this AGREEMENT, as
determined by the CITY, the CITY shall pay CONSULTANT the amount shown on the Invoice
within thirty (30) working days of receipt of the Invoice.
The Invoice shall be based on the percentage of milestone completed, and it shall describe the
topics and tasks completed during the Invoice period in accordance with the Budget Schedule
and Payment Schedule set forth below. The Invoice shall list work completed and reimbursable
expenses if applicable, in accordance with the Budget Schedule and Payment Schedule set forth
below. CONSULTANT also shall include supporting documents for any reimbursable
expenses. The Invoice shall also show the total to be paid for the Invoice period.
Page 7 of 11
Siegel & Strain Architects Agreement
Blacksmith Shop Renovation
Exhibits — Amendment No. 1
C. Budget Schedule
The Budget Schedule for this AGREEMENT shall be as follows:
Task
Task Description Compensation
Task #1: Review of Existing Documentation $ 1,558
Task #2: Site Visit $ 4,426
Task #3: Conceptual Design $ 23,919
Task #4: Construction Documents $ 34,332
Task #5: Bidding and Award NIC $ 3,500
Task #6: Construction Administration Services/ as built drawing NIC $14,550
Task #7: Additional Services $ 3,000
TOTAL $ 85,285
CONSULTANT shall not exceed any of the specified budget amounts for any Task without prior
written authorization from the CITY. The CITY may approve in writing the transfer of budget
amounts between any of the Tasks listed above provided the total AGREEMENT amount does
not exceed EIGHTY FIVE THOUSAND TWO HUNDRED EIGHTY FIVE DOLLARS ($ 85,285).
Page S of 11
Siegel & Strain Architects Agreement
Blacksmith Shop Renovation
Exhibits — Amendment No. 1
D. Payment Schedule
The Payment Schedule for this AGREEMENT shall be as follows:
TASK MILESTONE
Task #1- Review of Existing Documentation
Task #2 - Site Visit McClellan Ranch
Task #3 - Conceptual Plans
a. Submission of Conceptual Plan
b. City signed Conceptual Design Approval
Task #4 - Construction Documents
a. Submission of 95% Construction Document
b. Submission of 100% Construction Document and Cost Est
c. City signed and approve Building Permit set Issued for
Construction Document Submittal
Task #5 - Bidding and Award
a. Within 30 days of the City advertising for bids
b. Receipt of conformed set of drawings
Task #6 - Construction Administration
a. CA during construction
b. Submission of Final Documentation Package to CITY
Record Documents (AS -Built)
Task #7 - Additional Services
Page 9 of 11
Siegel & Strain Architects Agreement
Blacksmith Shop Renovation
Exhibits - Amendment No. 1
PERCENT OF TASK
COMPENSATION PAIL
UPON COMPLETION
OF MILESTONE
100%
100%
80%
20%
80%
10%
10%
70%
30%
80%
20%
Paid pursuant to
Subsection G below.
E. Subconsultant Services.
CONSULTANT is directly responsible for any payment for SUBCONSULTANT work on this
PROJECT. SUBCONSULTANT work on this PROJECT is included in the Budget Schedule
shown above and shall be billed to the CITY by CONSULTANT as part of the Basic Services.
F. Reimbursable expenses.
Reimbursable expenses are included in CONSULTANT's maximum compensation, including,
but not limited to, any expenses related to CONS'ULTANT's internal plan checks, CAD test
prints, 81/2" x 11" copies or fax copies. Plotting and Printing for public distribution will be the
responsibility of the CITY. There are no separate reimbursable expenses for Basic Services
performed under Tasks 1-6 of EXHIBIT A -1.
G. Additional Services.
CONSULTANT shall not perform Additional Services without prior written authorization of
the CITY. Additional Services shall be separately negotiated to be paid on a maximum not to
exceed or a time and material basis not to exceed at the rates set forth herein, as authorized by
the CITY. The CITY has set aside the sum of THREE THOUSAND DOLLARS ($3,000) for the
payment of Additional Services. The CITY shall not authorize and CONSULTANT shall not
perform any Additional Services that result in charges in excess of the above amount.
CONSULTANT shall submit an Invoice to the CITY for payment on a monthly basis for
authorized Additional Services rendered during -the previous month. In the event Additional
Services are authorized, CONSULTANT shall submit Invoices in accordance with the
CONSULTANT hourly rate schedule attached to this EXHIBIT C - 1. The rates shown in the
EXHIBIT C-1 shall stay in effect during the full term of the contract. The CITY shall pay
Additional Services Invoices as provided in this EXHIBIT C -1.
Page 10 of 11
Siegel & Strain Architects Agreement
Blacksmith Shop Renovation
Exhibits - Amendment No. 1
EXHIBIT C-1
CONSULTANT HOURLY RATES FOR ADDITONAL SERVICES
Siegel & Strain Architects
Principal $185
Architectural Historian $165
Project Manager $145
Project Architect $125
Support Staff $70
Page 11 of 11
Siegel & Strain Architects Agreement
Blacksmith Shop Renovation
Exhibits — Amendment No. 1
CITY OF
CUPERTINO
McClellan Ranch Blacksmith Shop Renovation Project
ADDITIONAL ENCUMBERANCE NO. 1
June 24, 2013
Contractor:
Siegel & Strain Architects
1295 59th Street
Emeryville, CA 94608
The following change is hereby approved and request for additional encumbrance:
IA. Additional Services outlined in Amendment No. 1
Total Additional Encumbrance No. 1
Total Project Encumbrance:
Original Contract $67,360.00
Additional Encumbrance No. 1 $17,925.00
Revised Contract $85,285.00
ORIGINAL P.O. NUMBER: 00057974
ACCOUNT NUMBER: 420-9143-9300
APPROVED BY:
Ti rden, P.E.
Director of Public Works
Date 6 /off 5/13
17,925.00
17,925.00
AGREEMENT BETWEEN THE CITY OF CUPERTINO AND SIEGEL & STRAIN
ARCHITECTS FOR CONSULTANT 'SERVICES FOR MCCLELLAN RANCH
BLACKSMITH SHOP RENOVATION PROJECT
T for reference elated 19• Z 2013 is bTHISAGREEMEN • y and between
CITY OF CUPERTINO, a municipal corporation (hereinafter referred to as "City"), and,
Siegel & Strain Architects, a California corporation, whose address is 1295 59TH Street,
Emeryville, CA 94608; phone no. 510-547-8092; e-mail: bpe@siegelstrain.com
hereinafter referred to as "Consultant"), and is made with reference to the following:
RECITALS:
A. City is a municipal corporation duly organized and validly existing under
the laws of the State of California with the power to carry on its business as it is now
being conducted under the Constitution and the statutes of the State of California and
the Cupertino Municipal Code.
B. Consultant is specially trained, experienced and competent to perform
the special services which will be required by this Agreement; and
C. Consultant possesses the skill, experience, ability, background,
certification and knowledge to provide the services described in this Agreement on the
terms and conditions described herein.
D. City and Consultant desire to enter into an agreement for Architectural
services for the McClellan Ranch Blacksmith Shop Renovation upon the terms and
conditions herein.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM:
The term of this Agreement shall commence on the date of execution this
agreement is executed and shall terminate on December 31, 2014, unless terminated
earlier as set forth herein.
2. SERVICES TO BE PERFORMED:
Consultant shall perform each and every service set forth in Exhibit "A". titled
Scope of Services" which is attached hereto and incorporated herein by this reference.
3. SCHEDULE OF PERFOMRANCE_
The Services of Consultant are to lie completed according to the schedule set out
in Exhibit B, titled "Schedule of Performance ", which is attached hereto and
Page 1 of 11
Siegel & Strain Architects Agreement
Blacksmith Shop Renovation
incorporated herein by this reference.
4. COMPENSATION TO CONSULTANT:
The maximum compensation to be paid to Consultant under this agreement shall
not exceed SIX SEVEN THOUSAND THREE HUNDRED SIXTY DOLLARS ($ 67,360).
The rate of payment is set out in Exhibit C, titled "Compensation", which is attached
hereto and incorporated herein.
Consultant shall furnish to City a detailed statement of the work performed for
compensation during the term of this Agreement. Consultant may submit monthly
invoices for interim progress payments during the course of each phase, clearly stating
as a minimum the total Contract amount, amount paid to date, percent complete and
amount due.
5. TIME IS OF THE ESSENCE:
Consultant and City agree that time is of the essence regarding the performance
of this Agreement.
6. STANDARD OF CARE:
Consultant agrees to perform all services hereunder in a manner commensurate
with the prevailing standards of like professionals in the San Francisco Bay Area and
agrees that all services shall be performed by qualified and experienced personnel who
are not employed by the City nor have any contractual relationship with City.
7. INDEPENDENT PARTIES:
City and Consultant intend that the relationship between them created by this
Agreement is that of employer -independent contractor. The manner and means of
conducting the work are under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the express terms of this Agreement. No civil
service status or other right of employment will be acquired by virtue of Consultant's
services. None of the benefits provided by City to its employees, including but not
limited to, unemployment insurance, workers' compensation plans, vacation and sick
leave are available from City to Consultant, its employees or agents. Deductions shall
not be made for any state or federal taxes, FICA payments, PERS payments, or other
purposes normally associated with an employer-employee relationship from any fees
due Consultant. Payments of the above items, if required, are the responsibility of
Consultant.
8. IMMIGRATION REFORM AND CONTROL ACT (IRCA):
Consultant assumes any and all responsibility for verifying the identity and
employment authorization of all of his/her employees performing work hereunder,
pursuant to all applicable IRCA or other federal, or state rules and regulations.
Consultant shall indemnify and hold City harmless from and against any loss, damage,
liability, costs or expenses arising from any noncompliance of this provision by
Consultant.
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NON-DISCRIMINATION:
Consistent with City's policy that harassment and discrimination are
unacceptable employer/employee conduct, Consultant agrees that harassment or
discrimination directed toward a job applicant, a City employee, or a citizen by
Consultant or Consultant's employee or subcontractor on the basis of race, religious
creed, color, national origin, ancestry, handicap, disability, marital status, pregnancy,
sex, age, or sexual orientation will not be tolerated. Consultant agrees that any and all
violations of this provision shall constitute a material breach of this Agreement.
9. PROJECT COORDINATION
CITY: Director of Public Works shall be representative of City for all purposes
under this Agreement. Carmen Lynaugh, Public Works Project Manager is hereby
designated as the Director of Public Works' designee and Project Manager, and shall
supervise the progress and execution of this Agreement.
CONSULTANT: Consultant shall assign a single Consultant Project Manager to
have overall responsibility for the progress and execution of this Agreement for
Consultant. Should circumstances or conditions subsequent to the execution of the
Agreement require a substitute Consultant Project Manager for any reason, the
Consultant Project Manager designee shall be subject to the prior written acceptance and
approval of the City Project Manager. The designated Consultant Project Manager shall
be Burton Edwards.
HOLD HARMLESS:
Indemnification:
A. Claims for Professional Liabili . Where the law establishes a standard
of care for Consultant's professional services, and to the extent the Consultant
breaches or fails to meet such established standard of care, or is alleged to have
breached or failed to meet such standard of care, Consultant shall, to the fullest
extent allowed by law, with respect to all services performed in connection with
the Agreement, indemnify, defend, and hold harmless the City and its officers,
officials, agents, employees and volunteers from and against any and all liability,
claims, actions, causes of action or demands whatsoever against any of them,
including any injury to or death of any person or damage to property or other
liability of any nature, that arise out of, pertain to, or relate to the negligence,
recklessness, or willful misconduct: of Consultant or Consultant's employees,
officers, officials, agents or independent contractors. Consultant shall not be
obligated under this Agreement to indemnify City to the extent that the damage
is caused by the negligence or willful misconduct of City, its agents or
employees. Irrespective of any language to the contrary in this Agreement or
under applicable law, Consultant shall have no duty to provide or fund up -front
defense costs of City against unproven claims or allegations, but shall reimburse
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those reasonable attorneys' fees, expert fees and all other costs and fees of
litigation incurred by City that are caused by the negligence, recklessness or
willful misconduct of Consultant, its employees, agents and sub -consultants
collectively, "Defense Costs"). However, Consultant shall provide its immediate
cooperation, at no additional cost to the City, to the City in defending such
claims. In the event City tenders a claim to Consultant for damages alleged to
arise out of, pertain to, or relate to the Consultant's negligence, recklessness or
intentional misconduct or for the reimbursement of Defense Costs, and the
parties are unable to mutually agree to a resolution, such issues shall be decided
by a single arbitrator, chosen by the parties, in accordance with the Construction
Industry Arbitration Rules of the American Arbitration Association then
obtaining unless the parties agree otherwise. This agreement to arbitrate shall be
specifically enforceable under the California Arbitration Act. The award
rendered by the arbitrator shall be final, and judgment may be entered upon it in
accordance with the applicable law in any court having jurisdiction thereof.
B. Claims for Other Liability. Consultant shall, to the fullest extent allowed
by law, with respect to all services performed in connection with the Agreement,
indemnify, defend, and hold harmless the City and its officers, officials, agents,
employees and volunteers against any and all liability, claims, actions, causes of
action or demands whatsoever from and against any of them, including any
injury to or death of any person or damage to property or other liability of any
nature, that arise out of, pertain to, or relate to the negligence, recklessness, or
willful misconduct of Consultant or Consultant's employees, officers, officials,
agents or independent contractors. Such costs and expenses shall include
reasonable attorneys' fees of counsel of City's choice, expert fees and all other
costs and fees of litigation. Consultant shall not be obligated under this
Agreement to indemnify City to the extent that the damage is caused by the sole
or active negligence or willful misconduct of City, its agents or employees.
C. Claims involving intellectual property. In addition to the obligations
set forth in (A) and (B) above, Consultant shall indemnify, defend, and hold the
City, its elected and appointed officers, employees, and volunteers, harmless
from and against any Claim in which a violation of intellectual property rights,
including but not limited to copyright or patent rights, is alleged that arises out
of, pertains to, or relates to Consultant's negligence, recklessness or willful
misconduct under this Agreement. Such costs and expenses shall include
reasonable attorneys' fees of counsel of City's choice, expert fees and all other
costs and fees of litigation.
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10. INSURANCE:
On or before the commencement of the term of this Agreement, Consultant shall
furnish City with certificates showing the type, amount, class of operations covered,
effective dates and dates of expiration of insurance coverage in compliance with
paragraphs 12A, B, C, D and E. Such certificates or insurance policy, which do not limit
Consultant's indemnification, shall also contain substantially the following statement:
Should any of the above insurance covered by this certificate be canceled before the
expiration date thereof, the insurer affording coverage shall provide thirty (30) days'
advance written notice to the City of Cupertino by mail, Attention: City Manager." It is
agreed that Consultant shall maintain in force at all times during the performance of this
Agreement all appropriate coverage of insurance required by this Agreement with an
insurance company that is acceptable to City and licensed to do insurance business in
the State of California. Endorsements naming the City as additional insured shall be
submitted with the insurance certificates.
A. COVERAGE:
Consultant shall maintain the following insurance coverage:
1) Workers' Compensation:
Statutory coverage as required by the State of California.
2) Liabili
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.
3) Automotive:
Comprehensive automotive liability coverage in the following
minimum limits:
Bodily Injury: $500,000 each occurrence
Property Damage: $100,000 each occurrence
or
Combined Single Limit: $500,000 each occurrence
4) Professional Liabift:
Professional liability insurance which includes coverage for the
professional negligent acts, errors and omissions of Consultant in
the amount of at least $1,000,000.
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B. SUBROGATION WAIVER:
Consultant agrees that in the event of loss due to any of the perils for which
he/she has agreed to provide comprehensive general and automotive liability insurance,
Consultant shall look solely to his/her insurance for recovery. Consultant hereby grants
to City, on behalf of any insurer providing comprehensive general and automotive
liability insurance to either Consultant or City with respect to the services of Consultant
herein, a waiver of any right to subrogation which any such insurer of said Consultant
may acquire against City by virtue of the payment of any loss under such insurance.
C. FAILURE TO SECURE:
If Consultant at any time during the term hereof should fail to secure or maintain
the foregoing insurance, City shall be permitted to obtain such insurance in the
Consultant's name or as an agent of the Consultant and shall be compensated by the
Consultant for the costs of the insurance premiums at the maximum rate permitted by
law and computed from the date written notice is received that the premiums have not
been paid.
D. ADDITIONAL INSURED:
City, its City Council, boards and commissions, officers, employees and
volunteers shall be named as an additional insured under all insurance coverages,
except any professional liability insurance, required by this Agreement. The naming of
an additional insured shall not affect any recovery to which such additional insured
would be entitled under this policy if not named as such additional insured. An
additional insured named herein shall not be held liable for any premium, deductible
portion of any loss, or expense of any nature on this policy or any extension thereof.
Any other insurance held by an additional insured shall not be required to contribute
anything toward any loss or expense covered by the insurance provided by this policy.
E. SUFFICIENCY OF INSURANCE:
The insurance limits required by City are not represented as being sufficient to
protect Consultant. Consultant is advised to confer with Consultant's insurance broker
to determine adequate coverage for Consultant.
11. CONFLICT OF INTEREST:
Consultant warrants that it is not a conflict of interest for Consultant to perform
the services required by this Agreement. Consultant may be required to fill out a
conflict of interest form if the services provided under this Agreement require
Consultant to make certain governmental decisions or serve in a staff capacity as defined
in Title 2, Division 6, Section 18700 of the California Code of Regulations.
12. PROHIBITION AGAINST TRANSFERS:
Consultant shall not assign, sublease, hypothecate, or transfer this Agreement, or
any interest therein, directly or indirectly, by operation of law or otherwise, without
prior written consent of City. Any attempt to do so without said consent shall be null
and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or
interest by reason of such attempted assignment, hypothecation or transfer. However,
claims for money by Consultant from City under this Agreement may be assigned to a
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bank, trust company or other financial institution without prior written consent.
Written notice of such assignment shall be promptly furnished to City by Consultant.
The sale, assignment, transfer or Other disposition of any of the issued and
outstanding capital stock of Consultant, or of the interest of any general partner or joint
venturer or syndicate member or cotenant, if Consultant is a partnership or joint venture
or syndicate or cotenancy, which shall result in changing the control of Consultant, shall
be construed as an assignment of this Agreement. Control means fifty percent (50%) or
more of the voting power of the corporation.
13. SUBCONTRACTOR APPROVAL:
Unless prior written consent from City is obtained, only those people and
subcontractors whose names are included in this Agreement shall be used in the
performance of this Agreement.
In the event that Consultant employs subcontractors, such subcontractors shall
be required to furnish proof of workers' compensation insurance and shall also be
required to carry general, automobile and professional liability insurance in reasonable
conformity to the insurance carried by Consultant. In addition, any work or services
subcontracted hereunder shall be subject to each provision of this Agreement.
14. PERMITS AND LICENSES:
Consultant, at his/her sole expense, shall obtain and maintain during the term of
this Agreement, all appropriate permits, certificates and licenses including, but not
limited to, a City Business License, that may be required in connection with the
performance of services hereunder.
15. REPORTS:
A. Each and every report, draft:, work product, map, record and other
document, hereinafter collectively referred to as "Report", reproduced, prepared or
caused to be prepared by Consultant pursuant to or in connection with this Agreement,
shall be the exclusive property of City. Consultant 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. Consultant may retain a copy of any report
furnished to the City pursuant to this Agreement.
B. All Reports prepared by Consultant may be used by City in execution or
implementation of:
1) The original Project for which Consultant was hired;
2) Completion of the original Project by others;
3) Subsequent additions to the original project; and/or
4) Other City projects as appropriate.
C. Consultant shall, at such time and in such form as City may require,
furnish reports concerning the status of services required under this Agreement.
D. All Reports required to be provided by this Agreement shall be printed
on recycled paper. All Reports shall be copied on both sides of the paper except for one
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original, which shall be single sided.
E. No Report, information or other data given to or prepared or assembled
by Consultant pursuant to this Agreement shall be made available to any individual or
organization by Consultant without prior approval by City.
F. Electronic and hard copies of Consultant's work product shall constitute
the Project deliverables. Plans to be in CAD and PDF formats, and other documents to
be in Microsoft Word and PDF formats. City holds Consultant harmless for any
modifications to the documents.
16. RECORDS:
Consultant 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.
Consultant shall maintain adequate records of services provided 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. Consultant 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 receipt of final payment.
If supplemental examination or audit of the records is necessary due to concerns
raised by City's preliminary examination or audit of records, and the City's
supplemental examination or audit of the records discloses a failure to adhere to
appropriate internal financial controls, or other breach of contract or failure to act in
good faith, then Consultant shall reimburse City for all reasonable costs and expenses
associated with the supplemental examination or audit.
17. NOTICES:
All notices, demands, requests or approvals to be given under this Agreement
shall be given in writing and conclusively shall be deemed served when delivered
personally or on the second business day after the deposit thereof in the United States
Mail, postage prepaid, registered or certified, addressed as hereinafter
provided.
All notices, demands, requests, or approvals from Consultant to City shall be
addressed to City at:
City of Cupertino
10300 Torre Ave.
Cupertino CA 95014
Attention: Carmen Lynaugh
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All notices, demands, requests, or approvals from City to Consultant shall be
addressed to Consultant at:
Burton Edwards
Siegel & Strain Architects
1295 59th Street
Emeryville, CA 94608
Phone: 510-547-8092 x 102
e-mail: hsiegel@siegelstrain.com
18. TERMINATION:
In the event Consultant fails or refuses to perform any of the provisions hereof at
the time and in the manner required hereunder, Consultant shall be deemed in default
in the performance of this Agreement. If such default is not cured within the time
specified after receipt by Consultant from City of written notice of default, specifying
the nature of such default and the steps necessary to cure such default, City may
terminate the Agreement forthwith by giving to the Consultant written notice thereof.
City shall have the option, at its sole discretion and without cause, of terminating
this Agreement by giving seven (7) days' prior written notice to Consultant as provided
herein. Upon termination of this Agreement, each party shall pay to the other party that
portion of compensation specified in this Agreement that is earned and unpaid prior to
the effective date of termination.
In the event of termination, Consultant shall deliver to City, copies of all reports,
documents, and other work performed by Consultant under this Agreement.
19. COMPLIANCES:
Consultant shall comply with all state or federal laws and all ordinances, rules
and regulations enacted or issued by City.
20. CONFLICT OF LAW:
This Agreement shall be interpreted under, and enforced by the laws of the State
of California excepting any choice of law rules which may direct the application of laws
of another jurisdiction. The Agreement and obligations of the parties are subject to all
valid laws, orders, rules, and regulations of the authorities having jurisdiction over this
Agreement (or the successors of those authorities.)
Any suits brought pursuant to this Agreement shall be filed with the courts of
the County of Santa Clara, State of California.
21. ADVERTISEMENT:
Consultant shall not post, exhibit, display or allow to be posted, exhibited,
displayed any signs, advertising, show bills; lithographs, posters or cards of any kind
pertaining to the services performed under this Agreement unless prior written
approval has been secured from City to do otherwise.
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22. WAIVER:
A waiver by City of any breach of any term, covenant, or condition contained
herein shall not be deemed to be a waiver of any subsequent breach of the same or any
other term, covenant, or condition contained herein, whether of the same or a different
character.
22. INTEGRATED CONTRACT:
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties hereto, and all preliminary negotiations and
agreements of whatsoever kind or nature are merged herein. No verbal agreement or
implied covenant shall be held to vary the provisions hereof. Any modification of this
Agreement will be effective only by written execution signed by both City and
Consultant.
23. GIFTS:
A. Consultant is familiar with City's prohibition against the acceptance of any gift
by a City officer or designated employee, which prohibition is found in City
Administrative Procedures.
B. Consultant agrees not to offer any City officer or designated employee any gift
prohibited by the Administrative Procedures.
C. The offer or giving of any prohibited gift shall constitute a material breach of this
Agreement by Consultant. In addition to any other remedies, City may have in law or
equity, City may terminate this Agreement for such breach as provided in Section 19 of
this Agreement.
24. INSERTED PROVISIONS:
Each provision and clause required by law to be inserted into the Agreement
shall be deemed to be enacted herein, and the Agreement shall be read and enforced as
though each were included herein. If through mistake or otherwise, any such provision
is not inserted or is not correctly inserted, the Agreement shall be amended to make
such insertion on application by either party.
25. CAPTIONS:
The captions in this Agreement are for convenience only, are not a part of the
Agreement and in no way affect, limit or amplify the terms or provisions of this
Agreement.
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P.O. No.: tPP-, / -
IN WITNESS WHEREOF, the parties have caused the Agreement to be executed.
CONSULTANT
Title l Z-
Datez z
Tax I.D. No.:
1295 596, Street
Emeryville, CA 94608
Phone: 510-547-8092
CITY OF CUPERTINO
A Municipal Corporation
Timm Borden, Director of Public Works
Date
APPROVED AS TO FORM:
ATTEST:
C-- t, L
Grace Schmidt, City Clerk
Contract Amount: $ 67,360.00
Account No.: 420-9143-9300
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EXHIBIT A
SCOPE OF SERVICES
CONSULTANT shall perform professional services as detailed in the following sections related
to the planning, design and construction of the McClellan Ranch Blacksmith Shop Renovation
project located at the 22221 McClellan Road, Cupertino.
SECTION 1. GENERAL
A. General PROJECT Description: The PROJECT involves the renovation and potential
relocation of the 3/4 scale replica Baer Blacksmith Shop. The work shall include but is not
limited to the concepts for the design and location and construction documents for this
project. All the work shall take in to consideration that the Baer Blacksmith Shop is
listed as an Historic Site in the City of Cupertino's General Plan and work must be
completed in compliance with applicable building and historic preservation codes that
apply. The construction budget is TWO HUNDRED TWENTY THOUSAND DOLLARS
220,000)("CONSTRUCTION BUDGET"), excluding construction contingency.
B. General Performance Requirements:
1. The performance of all services by CONSULTANT shall be to the satisfaction of
the CITY, in accordance with the express terms hereof, including but not limited
to the terms set out in detail in this scope of services and the standard of care
provisions contained in this AGREEMENT.
2. The CITY's Department of Public Works shall manage the design and
construction of the PROJECT and this AGREEMENT. CONSULTANT shall
receive final direction from the CITY's Director of Public Works or his/her
authorized designee (hereinafter collectively "CITY") only. The CITY shall
resolve any conflicting direction from other groups, departments or agencies.
3. CONSULTANT shall coordinate this scope of services with the CITY as well as
with other CITY consultants and contractors, as needed or as directed by the
CITY. CONSULTANT shall schedule meeting and prepare meeting agendas and
minutes for all PROJECT meetings during the design phase under the scope of
work. All minutes of meetings are due to the CITY within five (5) working days
after the meeting. CONSULTANT shall provide copies of such documentation to
the CITY, and as directed by the CITY, to other appropriate agencies and entities.
CONSULTANT shall coordinate all responses to comments through the CITY.
4. The CITY shall direct CONSULTANT with respect to programming and
functionality of the PROJECT space. The CITY shall approve design milestones
and cost estimates from Conceptual Design through Construction
Documentation phases. CITY shall issue building permit for the construction.
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For the purpose of this AGREEMENT, direct written authorization or approval
from the CITY shall mean and require the signatures of the CITY.
5. CONSULTANT shall designate and provide to the CITY the names of their team
members for the PROJECT. The team members shall be satisfactory to the CITY.
The team members shall include Burton Edwards as CONSULTANT's Principal -
in -charge for the duration of the PROJECT. CONSULTANT shall not substitute
any team members without the prior approval of the CITY.
6. CONSULTANT's services shall be performed as expeditiously as is consistent
with professional skill and care and the orderly process of the work. The
schedule for the performance included in EXHIBIT B, may be adjusted by mutual
agreement.
7. CONSULTANT shall manage its SUBCONSULTANTS, and administer the
PROJECT. CONSULTANT shall consult with the CITY, research applicable
design criteria, and communicate with members of the PROJECT team.
8. When the CITY determines that the PROJECT requirements have been
sufficiently identified, CONSULTANT shall prepare and update a PROJECT
schedule for the CITY at the beginning of each TASK as defined in SECTION 2 -
TASKS" of this EXHIBIT A. The PROJECT schedule shall identify milestone
dates for decisions required of the CITY, design services furnished by
CONSULTANT and CONSULTANT's SUBCONSULTANTS, dates of reviews
and approvals required by all governmental agencies that have jurisdiction over
the PROJECT, deliverables to be furnished by CONSULTANT, completion of
documentation provided by CONSULTANT, commencement of construction
and substantial completion of the construction of the PROJECT, and as identified
in the exhibits under this AGREEMENT.
9. CONSULTANT shall submit design and construction documents to the CITY,
according with this EXHIBIT A for purposes of evaluation and approval by the
CITY. The CITY including the Department of Public Works Engineering and
City Facilities and Department of Parks and Recreation will review the design
during each phase. CONSULTANT will meet with the CITY for progress review
at various stages of the PROJECT. CONSULTANT will be responsible for
causing the appropriate SUBCONSULTANT(S) to attend any meetings included
in this SCOPE OF SERVICES. CONSULTANT shall make revisions to the design
and construction documents as required for each task in a timely manner.
10. CONSULTANT shall assist the CITY, as requested by the CITY, in connection
with the CITY's responsibility for filing documents required for the approval of
governmental authorities having jurisdiction over the PROJECT, including
submitting to the CITY's Building Department for a building permit.
11. CONSULTANT shall prepare and make presentations to explain the conceptal
designs of the PROJECT at various occasions to representatives of the CITY, as
directed by the CITY according with this EXHIBIT A. In addition
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CONSULTANT will be required to attend and prepare presentation materials for
a Parks and Recreation Commission meeting.
C. Estimate of Probable Construction Cost: CONSULTANT shall be responsible to design
the PROJECT and provide an Estimate of Probable Construction Cost consistent with the
following procedures and requirements.
1. CONSULTANT shall be responsible for designing the PROJECT so that the
Estimate of Probable Construction Cost is less than or equal to the
CONSTRUCTION BUDGET established by the CITY for the PROJECT. The Project
Construction Budget shall be provided by the CONSULTANT as a summary sheet
with submittal of each required Estimate of Probable Construction Cost, showing
comparisons of cost evolution for the PROJECT. As the design process progresses
CONSULTANT shall update and refine the Estimate of Probable Construction
Cost as required in this EXHIBIT A. CONSULTANT shall advise the CITY in
writing of any adjustments to previous Estimates of Probable Construction Cost
indicated by changes in PROJECT requirements or general market conditions.
2. Should the Estimate of Probable Construction Cost exceed the CONSTRUCTION
BUDGET, CONSULTANT shall, during the design phases of the project, revise,
without additional cost to the CITY, the design documents and/or Construction
Documents incorporating scope and quality changes to reduce the estimated
costs for construction, to within the CONSTRUCTION BUDGET.
CONSULTANT shall make changes only as approved by the CITY in writing.
Reductions in scope may be required to meet the CITY's budget, and the CITY
will not unreasonably withhold permission for such reductions in scope order
for the CONSULTANTS to meet the budget. Notwithstanding the foregoing, to
the extent the Estimate of Probable Construction Cost exceeds the
CONSTRUCTION BUDGET due to any program, design or budget changes,
initiated and authorized by the CITY which are beyond CONSULTANT's
control, any changes required in the design documents, shall be considered as
Additional Services as noted in EXHIBIT C of this AGREEMENT.
3. In preparing the Estimate of Probable Construction Cost, CONSULTANT, in
consultation with the CITY, shall do each of the following: (a) include
contingencies for design, bidding, and price escalations to determine which
materials, equipment, component systems and type of construction are to be
included in the PROJECT, and (b) make reasonable adjustments and/or to value
engineer various items in all required submittal cost estimates of the PROJECT,
including alternate bids, in order to adjust the estimated construction cost to be
less than or equal to the CONSTRUCTION BUDGET.
4. If bidding has not commenced within 90 days after CONSULTANT submits the
Construction Documents to the CITY, CONSULTANT shall adjust the Estimate
of Probable Construction Cost to reflect changes in the general level of prices in
the construction industry. This will be an additional service.
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5. CONSULTANT shall identify, develop and incorporate into the Construction
Documents "Add or Deduct Alternate" construction cost elements that may be
chosen to meet the City's budget. Alternates shall be approved by the CITY
before being incorporated into the Construction Documents.
6. Should the lowest responsive bid exceed the CITY approved CONSTRUCTION
BUDGET by more than fifteen percent (15%), CONSULTANT shall, if directed
by the CITY, submit without additional cost to the CITY, revised Construction
Documents reflecting changes, approved by the CITY, to reduce the
Construction Costs to within the CONSTRUCTION BUDGET. The CITY
acknowledges that the CONSULTANT does not control market conditions and
agrees that they may allow reductions in scope in order to meet the CITY's
construction budget.
SECTION 2. TASKS
Task 1. Review of Existing Documentation
CONSULTANT will review the existing documentation for the Blacksmith Shop
that consists of various reports.
Task 2. Site Visit McClellan Ranch
CONSULTANT will visit the Blacksmith Shop with their proposed Structural
Engineer (John Ware, Ware Associates) and other sub -consultants. Together they will
update the prior conditions report(s) and review the current status of the building.
This will include one meeting to confirm thE' scope of the project.
Task 3. Conceptual Design
CONSULTANT will provide the CITY with up to two conceptual plans for relocation
and renovation of the Blacksmith Shop. CONSULTANT will meet with the CITY and
selected stakeholders and focus on potential functions to be housed in the Blacksmith
Shop. It will be important for the CITY to determine the extent of use for the
renovated building: will it be for display or demonstration? The inclusion of a
functioning forge will have a significant impact on the design and re -construction of
the Blacksmith Shop. The CITY may provide comments on the conceptual options.
After appropriate response to comments, CONSULTANT will provide the CITY with a
design for one preferred option. CONSULTANT and sub -consultants will provide
conceptual cost estimates for up to two alternate locations for the Blacksmith Shop.
CONSULTANT will make a presentation to the Parks and Recreation Commission
presenting the preferred conceptual design.
Task 4. Construction Documents
CONSULTANT to prepare Construction Documents consisting of plans and technical
specifications for the relocated, renovated Blacksmith Shop. (One full size hard copy
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original stamped and signed and one electronic copy in pdf and CADD and technical
specifications in MS Word and pdf) Full size plans to be 22" x 34" and 1/2 size scale
able will be 11" x 17". S&S will prepare one final cost estimate at the completion of
construction documents.
Task 5. Bid and Award: Not in Contract (NIC)
The CONSULTANT'S assistance to the CITY during bid solicitation process are not
included in this agreement.
Task 6. Construction Administration: Not in Contract (NIC)
Site Visit(s) and construction observation during the construction phase are not
included in this agreement.
ADDITIONAL SERVICES
Consultant Services beyond the work in these tasks may be provided by CONSULTANT as
Additional Services only if such Additional Services are authorized in writing by the CITY
in advance. An Additional services amount of SIX THOUSAND DOLLARS ($6,000.00) is
made a part of this agreement. Additional services may be paid for as a negotiated
maximum not to exceed amount or by a time and materials cost accounting with a
maximum not to exceed.
Page 5 of 11
Siegel & Strain Architects Agreement
Blacksmith Shop Renovation
Exhibits
EXHIBIT B
SCHEDULE OF PERFORMANCE
CONSULTANT shall complete all work by December 31, 2014.
The following sets forth the distribution of CONSULTANT's Schedule of Performance for each
project. The CITY may approve in writing the extension of any milestone date set in this
Exhibit.
Task #1: Review of Existing Documentation: 1 weeks after
Notice to
Proceed (NTP)
for this phase
Task#2 Site Visit McClellan Ranch: 2 weeks after
Notice to
Proceed (NTP)
for this phase
Task #3: Conceptual Plans: 6 weeks after
Notice to
Proceed (NTP)
for this phase
Task #4: Construction Documents: 11 week after
Notice to
Proceed (NTP)
for this phase
Task #5: Bid and Award NIC: NIC
NIC x weeks after
Notice to
Proceed (NTP)
for this phase
Task #6: Construction Administration NIC: NIC
NIC x weeks after
Notice to
Proceed (NTP)
for this phase
Page ,6 of 11
Siegel & Strain Architects Agreement
Blacksmith Shop Renovation
Exhibits
EXHIBIT C
COMPENSATION
A. Maximum Compensation.
The CITY agrees to compensate CONSULTANT for professional services performed in
accordance with the terms and conditions of this AGREEMENT. The maximum amount of
compensation to be paid to CONSULTANT under this AGREEMENT, including both payment
for professional services, additional services and reimbursable expenses, shall not exceed SIXTY
SEVEN THOUSAND THREE HUNDRED SIXTY DOLLARS ($ 67,360). CONSULTANT agrees
that it shall perform all of the services set forth in Exhibit A of this AGREEMENT, except for
additional services required pursuant to Section 2, and inclusive of reimbursable expenses, for
the amount of SIXTY ONE THOUSAND THREE HUNDRED SIXTY DOLLARS ($ 61,360). The
maximum amount of Additional Services are authorized under Section G of this EXHIBIT C is
SIX THOUSAND DOLLARS ($ 6,000).
B. Method of Payment
For Task Nos. 1 through 6 CONSULTANT shall, during the term of this AGREEMENT, invoice
the CITY monthly based upon a percentage of completion of each milestone set forth below in
the Payment Schedule (Schedule D below) for services performed, and reimbursable expenses
incurred if applicable, in completing that milestone under this AGREEMENT. (Hereinafter
Invoice.") Provided CONSULTANT has completed the services and incurred the reimbursable
expenses covered by the Invoice in accordance with the provisions of this AGREEMENT, as
determined by the CITY, the CITY shall pay CONSULTANT the amount shown on the Invoice
within thirty (30) working days of receipt of the Invoice.
The Invoice shall be based on the percentage of milestone completed, and it shall describe the
topics and tasks completed during the Invoice period in accordance with the Budget Schedule
and Payment Schedule set forth below. The Invoice shall list work completed and reimbursable
expenses if applicable, in accordance with the Budget Schedule and Payment Schedule set forth
below. CONSULTANT also shall include supporting documents for any reimbursable
expenses. The Invoice shall also show the total to be paid for the Invoice period.
Page 7 of 11
Siegel & Strain Architects Agreement
Blacksmith Shop Renovation
Exhibits
C. Budget Schedule
The Budget Schedule for this AGREEMENT shall be as follows:
TOTAL $ 67,360
CONSULTANT shall not exceed any of the specified budget amounts for any Task without prior
written authorization from the CITY. The CITY may approve in writing the transfer of budget
amounts between any of the Tasks listed above provided the total AGREEMENT amount does
not exceed SIXTY SEVEN THOUSAND THREE HUNDRED SIXTY DOLLARS ($ 67,360).
Page 8of11
Siegel & Strain Architects Agreement
Blacksmith Shop Renovation
Exhibits
Task
Task Description Compensation
Task #1: Review of Existing Documentation 1,558Task #2: Site Visit 4,426Task #3: Conceptual Design 23,919Task #4: Construction Documents 31,457Task #5: Bidding and Award NIC 00000Task #6: Construction Administration Services/ as built drawing NIC 00000Task #7: Additional Services 6,000
TOTAL $ 67,360
CONSULTANT shall not exceed any of the specified budget amounts for any Task without prior
written authorization from the CITY. The CITY may approve in writing the transfer of budget
amounts between any of the Tasks listed above provided the total AGREEMENT amount does
not exceed SIXTY SEVEN THOUSAND THREE HUNDRED SIXTY DOLLARS ($ 67,360).
Page 8of11
Siegel & Strain Architects Agreement
Blacksmith Shop Renovation
Exhibits
D. Payment Schedule
The Payment Schedule for this AGREEMENT shall be as follows:
TASK MILESTONE PERCENT OF TASK
COMPENSATION PAIL
UPON COMPLETION
OF MILESTONE
Task #1 - Review of Existing Documentation 100%
Task #2 - Site Visit McClellan Ranch
100%
Task #3 - Conceptual Plans
a. Submission of Conceptual Plan 80%
b. City signed Conceptual Design Approval 20%
Task #4 - Construction Documents
a. Submission of 95% Construction Document 80%
b. Submission of 100% Construction Document and Cost Est 10%
c. City signed and approve Building Permit set Issued for 10%
Construction Document Submittal
Task #5 - Bidding and Award NIC
a. Within 30 days of the City advertising for bids 00%
b. Receipt of conformed set of drawings Submittal No. 5b 00%
Task #6 - Construction Administration NIC
a. 30 calendar days after CITY issues Notice to Proceed to the 00%
contractor
b. Substantial completion
00%
c. Notice of Final Completion (City accepts PROLECT) 00%
d. Submission of Final Documentation Package to CITY 00%
Record Documents (AS -Built) Submittal No. 5c and Project 00%
Close -Out LEED Certification Completion
Task #7 - Additional Services Paid pursuant to
Subsection G below.
Page 9 of 11
Siegel & Strain Architects Agreement
Blacksmith Shop Renovation
Exhibits
E. Subconsultant Services.
CONSULTANT is directly responsible for any payment for SUBCONSULTANT work on this
PROJECT. SUBCONSULTANT work on this PROJECT is included in the Budget Schedule
shown above and shall be billed to the CITY by CONSULTANT as part of the Basic Services.
F. Reimbursable expenses.
Reimbursable expenses are included in CONSULTANT's maximum compensation, including, but not limited to, any expenses related to CONSULTANT's internal plan checks, CAD test
prints, 8 1/2" x 11" copies or fax copies. Plotting; and Printing for public distribution will be the
responsibility of the CITY. There are no separai:e reimbursable expenses for Basic Services
performed under Tasks 1-6 of EXHIBIT A.
G. Additional Services.
CONSULTANT shall not perform Additional Services without prior written authorization of
the CITY. Additional Services shall be separately negotiated to be paid on a maximum not to
exceed or a time and material basis not to exceed at the rates set forth herein, as authorized bytheCITY. The CITY has set aside the sum of SIa, THOUSAND DOLLARS ($6,000) for the
payment of Additional Services. The CITY shall not authorize and CONSULTANT shall not
perform any Additional Services that result in charges in excess of the above amount.
CONSULTANT shall submit an Invoice to the CITY for payment on a monthly basis for
authorized Additional Services rendered during the previous month. In the event Additional
Services are authorized, CONSULTANT shall submit Invoices in accordance with the
CONSULTANT hourly rate schedule attached to this EXHIBIT C. The rates shown in the
EXHIBIT C-1 shall stay in effect during the full term of the contract. The CITY shall payAdditionalServicesInvoicesasprovidedinthisEXHIBITC.
Page 10 of 11
Siegel & Strain Architects Agreement
Blacksmith Shop Renovation
Exhibits
EXHIBIT C-1
CONSULTANT HOURLY RATES FOR ADDITONAL SERVICES
Siegel & Strain Architects
Principal 185
Architectural Historian 165
Project Manager 145
Project Architect 125
Support Staff 70
Page 11 of 11
Siegel & Strain Architects Agreement
Blacksmith Shop Renovation
Exhibits