10-100 Mineweaser & Associates, McClellan Ranch ImprovementsCITY OF
El AGREEMENT
CUPERTINO
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014
408-777 -3200 NO. (}OOS7 0 s-B
BY THIS AGREEMENT, made and entered into this 20-ti-.. day of .sep+-, 2010~ by and between the CITY OF
CUPERTINO (Hereinafter referred to as CITY) and Mineweaser & Associates, Craig Mineweaser, AIA, Address:
17154 Monte Grande Drive, Soulsbyville, CA 95372-9779; Phone: 408-926-1900; e-mail:
craig@mineseaser.com Hereinafter referred as CONTRACTOR), in consideration of their mutual covenants, the
parties hereto agree as follows:
CONTRACTOR shall provide or furnish the following specified services and/or materials:
McClellan Ranch Improvements -more specifically described in Exhibit "A" Scope of Services
EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Exhibit "A" Scope of Services
and Exhibit "B" Rate Schedule
TERMS: The services and/or materials furnished under this Agreement shall commence on August 25, 2010
and shall be completed before December 31, 2010
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
Time and Materials Basis, Not to Exceed$ 10,000.00 without City Approval
California Labor Code, Section 1771 requires the payment of prevailing wages to all workers employed on a Public Works contract in excess of
$1,000.00.
GENERAL TERMS AND CONDITIONS
Hold Harmless. Contractor agrees to indemnify and hold harmless City, its officers, directors, partners, and employees from and against any
damages, losses, liabilities, expenses, and costs (including reasonable attorneys' fees) arising out of the death or bodily injury to any person or
destruction or damage to any property, to the extent caused by Contractor's negligent acts, errors or omissions or willful misconduct in the
performance of professional services under this Agreement and those of Contractor's sub consultants or anyone for whom Contractor is legally
liable.
Notwithstanding any language to the contrary in the previous paragraph, Contractor shall only be required to reimburse City for defense fees and
costs, including attorney's fees, in proportion to Contractor's proven acts of negligence and further, only to the extent such fees and costs were
directly attributable to City's defense of a suit based on Contractor's actual negligence.
Insurance. Should the City require evidence of insurability, Contractor shall file with City a Certificate of Insurance before commencing any services
under this Agreement. Said Certificate shall be subject to the approval of City's Director of Administrative Services.
Non-Discrimination. No discrimination shall be made in the employment of persons under this Agreement because of the race, color, national
origin, ancestry, religion or sex of such person.
Interest of Contractor. It is understood and agreed that this Agreement is not a contract of employment in the sense that the relationship of master
and servant exists between City and undersigned. At all times, Contractor shall be deemed to be an independent contractor and Contractor is not
authorized to bind the City to any contracts or other obligations in executing this agreement. Contractor certifies that no one who has or will have
any financial interest under this Agreement is an officer or employee of City.
Changes. This Agreement shall not be assigned or transferred without the written consent of the City. No changes or variations of any kind are
authorized without the written consent of the City.
CONTRACT CO-ORDINATOR and representative for CITY shall be:
NAME: Gail Seeds DEPARTMENT: Public Works Department
This Agreement shall become effective upon its execution by CITY, in witness thereof, the parties have executed this
Agreement the day and year first written above.
CONTRACTOR:
~;~H;ncr --
Title: Gail Seeds, Project Manager
Fed. Tax 1.D 77-()0{,'f OSe
$10,000.00
tO
EXHIBIT "A"
SCOPE OF ARCHITECTURAL SERVICES
MCCLELLAN RANCH-ENVIRONMENTAL EDUCATION FACILITY &
BLACKSMITH SHOP
CITY OF CUPERTINO, CALIFORNIA
This exhibit is attached to, and made a part of, the Agreement between the City of Cupertino ("
City") and Mineweaser & Associates ("Consultant").
Consultant, in the capacity of a currently licensed California Architect, may be asked to provide
design and construction phase services, as required to assist the City in the restoration of the
exterior materials of the buildings at McClellan Ranch, to include the Milk Barn and the adjacent
Water Tank Tower. Any required restoration documents shall be prepared for bidding, in
accordance with Federal, State and Local historical building codes, guidelines and standard
professional practice. Construction Documents shall be stamped and signed by the applicable
licensed California professional.
Consultant shall also provide documented oversight and advisory services to the City, and to the
City's consultants, in the concept development and design phases of the Environmental
Education Facility, the relocation of the Blacksmith Shop, and a covered activity area, using
Consultant's extensive knowledge of and experience with Federal, State and local historical
building codes and guidelines.
City of Cupertino
Mineweaser & Associates
END OF EXHIBIT "A"
Exhibit A 1 of 1
EXHIBITB
RATE SCHEDULE FOR PROFESSIONAL SERVICES
January 11 2010 through December 31, 2010
The schedule of charges for services performed on a Time and Reimbursable Expense basis shall be as follows;
I. TIME EXPENSES
Direct personnel expense shall be billed at the following rates for all work Including time for meetings, public
meetings, and presentations:
Personnel
Prlnclpal
Licensed Preservation Architect
Senior Technical Personnel/Historian
sr. Designer/Research and Conservation Staff
Drafter/Technician and CADD operator
Jr. Research/Drafter or Technician
Administrative Staff
Hourly Rate
$ 200.00
$175.00
$125.00
$125.00
$100.00
$ 85.00
$ 80.00
Variable hourly rates are dependent on tasks being performed and particular Individuals assigned during a
billing period. A maximum of~ hour of travel t!me will be charged for each trip to the job site and to all
meetings particular to this project. This charge will be at the appropriate hourly rate for the staff member
lnv~lved.
II. REIMBURSABLE EXPENSES
Reimbursement for expenses Incurred In connection with the Work wlll be based on actual cost +15% for Items
such as, but not limited to:
1. Cost of xerograplc duplication of drawlngs, specifications 1 reports, and other paper
documents.
2. Cost of models, maps, photographs, reproductions, special renderings, printing and special
supplies related to the Work.
3. Cost of sub-consultants or special project consultants.
4. Costs of special or governmental fees and permits.
S. Costs of specialized equipment, such as scaffolding and the like, If required by the project.
Ill. OTHER TERMS
Suitable fees for either personnel or equipment in keeping with those listed will be applied for any classification
not covered above. Rates may be subject to an increase after December 31, 2010 due to increases In costs and
overhead during the lifetime of this agreement. .. ,.,,,. "1~~
A service charge of 1.5% per month {18% A.P.R.J will be applied to outstanding balances remaining unpaid 30
calendar days from the date of Invoice.
Federal Tax ID No. 77-0069050
tr -,
Flle: \Office\RateSched_2010.doc
. ' ...... ~"
Minrnveaser & Associates has over thirty years of preservation and restoration experience ...