13-094 Siegel & Strain Architects for consultant services for McClellan Ranch Blacksmith Shop Renovation Project FIRST AMEN�MENT TO AG EEMENT BETWEEN THE CITY OF CUPERTINO
AND SIEGEL & STRAIN ARCHITECTS FOR CONSULTANT SERVICES FOR
LELLAN RANCH BLACKSMITH SHOP RENOVATION PROJECT
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This First Amendment to the Agreement between the Ci ty 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 E THOUSAND TWO HUNDRED EIGHTY FIVE
DOLLARS($ 85,28511 e raise of payment is set out in Exhibit C — 1,
titled "Compensation", which is attached hereto and incorporated
Page 1 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
1
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IN WITNESS WHEREOF, the parties hereto have caused this modification of
Agreement to be executed. tC
Siegel & Strain Architects CITY OF CUPERTINO
• A Municipal Corporation
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Di r of ublic Works, Timm Borden
Title /—
Date I? J 7 '1 '
APPROVED AS TO FORM:
By e r NJ
City ttorney, Carol Korade
ATTEST:
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City Clerk, Grace Schmidt
Contract Amount: $ 85,285
Account No. : 420-9143-9300
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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.
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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
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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.
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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
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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 l 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 8 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 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.
Page 9 of 11
Siegel&Strain Architects Agreement
Blacksmith Shop Renovation
Exhibits—Amendment No. 1
E. Sub consultant 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.
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 a t 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
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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:
1A. Additional Services outlined in Amendment No. 1 $17,925.00
Total Additional Encumbrance No. 1 $17,925.00
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:
Tim den, P.E.
Director of Public Works
Date 6 /a S/ i
/ OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE•CUF'ERTINO, CA 95014-3255
y-c.I9,1 TELEPHONE: (408) 777-3223• FAX: (408) 777-3366
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WEBSITE:www.cupertino.org
CUPERTINO
July 2, 2013
Siegel & Strain Architects
1295 59th Street
Emeryville, CA 94608
Re: Agreement
Enclosed for your records is a fully executed original copy of the agreement with the City of
Cupertino. If you have any questions, please contact the Public Works Department at (408) 777-
3354.
Sincerely,
a-4,r
Brittany Carey
Senior Office Assistant
City of Cupertino
Enclosure
cc: Public Works