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15-166 Studios Architecture, Marina Plaza Design ReviewSHORT FORM AGREEMENT CUPERTINO (Less than $5,000) CITY OF CUPERTINO 10300 Torre Avenue Cupertino, CA 95014 408-777-3200 NO. 2016-296 This Agreement, made and entered into this 22nd day of September, 2015, (the "Effective Date") is by and between the City of Cupertino (hereinafter "City") and Studios Architecture, 405 Howard Street, Suite 588, San Francisco, California 94105 (hereinafter "Contractor"), in consideration of their mutual covenants, the parties agree as follows: A. SCOPE OF SERVICES. Contractor shall provide or furnish the following specified services and/or materials: Marina Plaza Design Review. Check box if services are further described in Exhibit A. IZI B. TERM: The services and/or materials furnished under this Agreement shall commence on September 22, 2015 and shall be completed no later than June 30, 2016. C. COMPENSATION: For the full performance of this Agreement, CITY shall pay Contractor a total amount not to exceed One thousand and eight hundred dollars ($1,800.ClO), as set forth in Exhibit A. 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. Contractor shall comply with all applicable provisions of law, including, without limitation, Labor Code Sections 1771, 1776, 1777.5 and 1810. D. EXHIBITS: The following attached exhibits hereby are made part of this Agreement: IZ!Exhibit "A" -Scope of Services DExhibit "B"-Compensation DExhibit "C"-Special Requirements GENERAL TERMS AND CONDITIONS 1. Hold Harmless. Contractor shall, to the fullest extent allowed by law and without limitation of the provisions of this Agreement related to insurance, with respect to all services perfonned 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, cm1ses 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, whether physical, emotional, consequential or othe1wise, arising out, pertaining to, or related to the negligent performance of this Agreement by Contractor or Contractor'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. The acceptrn1ce of the Services by City shall not operate as a waiver of the right of indemnification. The provisions of this Section survive the completion of the Services or termination of this Contract. 2. Subcontracting. Contractor has been retained clue to their unique skills and Contractor may not substitute another, assign or transfer any rights or obligations under this Agreement. Unless prior written consent from City is obtained, only those people whose names are listed this Agreement shall be used in the performance of this Agreement. 3. Assignment. Contractor may not assign, transfer, or subcontract this Agreement or any portions thereof, without prior written consent of City. 4. Insurance. Contractor shall maintain the following insurance coverage, with the City as an additional named insured, and provide a Certificate of Insurance and Additional Insured Endorsement consistent with the following requirements: Pagel of3 Ci1y ofCnpertino -Slmlio~ Architecrure. l\frlfina Plnza Design Review-9:'22/15 (a) Workers' Compensation: Statutory coverage as required by the State of California. (b) Liability: 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. (c) Automotive: Comprehensive automotive liability coverage in the following minimum limits: Bodily Injmy: $500,000 each occurrence Property Damage: $100,000 each occurrence or Combined Single Limit: $500,000 each occurrence (cl) Professional Liability: Contractors in regulated professions shall maintain professional liability insurance which includes coverage for the professional acts, eirnrs and omissions of Contractor in the amount of at least $1,000,000. 5. Subrogation Waiver. Contractor agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, Contractor shall look solely to its insurance for recove1y. Contractor hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Contractor or City with respect to the services of Contractor herein, a waiver of any right to subrogation which any such insurer of said Contractor may acquire against City by virtue of the payment of any loss under such insurance. 6. Termination of Agreement. In the event Contractor fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, Contractor shall be deemed in default in the performance of this Agreement. If Contractor fails to cure the default within the time specified and according to the requirements set forth in City's written notice of default, and in addition to any other remedy available to the City by Jaw, the City Manager may tenninate the Agreement by giving Contractor written notice thereof, which shall be effective immediately. The City Manager shall also have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) calendar clays' prior written notice to Contractor as provided herein. Upon receipt of any notice of termination, Contractor shall inm1ediately discontinue performance. 7. Non-Discrimination. Contractor shall not discriminate against a job applicant, employee, City employee, or a citizen on the basis of race, color, national origin, ancestry, religion, gender, sexual orientation or other protected class of such person. 8. 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. City shall have no right of control as to the manner Contractor performs the services to be performed. Nevertheless, City may, at any time, observe the manner in which such services are being performed by the contractor. Contractor shall comply with all applicable Federal, State, and local laws and ordinances including, but not limited lo, unemployment insurance benefits, FICA Jaws, and the City business license ordinance. 9. Permits and Licenses. Contractor, at his/her own expense, shall obtain and maintain during the term of this Agreement, all appropriate pern1its, licenses, and certificates including but not limited to a City business license, that may be required in connection with the performance of services under this Agreement. 10. Reports and Records. Each and every report, draH, work product, map, record and other document, hereinafter collectively referred to as "Report", reproduced, prepared or caused to be prepared by Contractor pursuant to or in connection with this Agreement, shall be the exclusive property of City. Contractor 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. Contractor may retain a copy of any report famished to the City pursuant to this Agreement. Page 2 of3 City ofCnpenino -Slmlios Architecrure, iVhll'imi Plaza Dcsigu Review-9122115 Contractor 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, 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. Contractor 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 Contractor receives final payment from City for all services required under this agreement. 11. Changes. 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: Erick Serrano, Assistant Planner, Community Development Department In witness thereof, the parties have executed this Agreement the day and year first written above. CONTRACTOR: By:~~~""---""""---'-----+----"~~~~~~­ Title: _ __._-LJ~!"'L,,,,.........,,__ __ ~------- DATE EXPENDITURE DISTRIBUTION ACCOUNT NUMBER DATE 100-71-701 900-995 PO# 2016-296 DATE Page 3 of3 City ofC'npertino -Studios Architecture. !\farina Plaza Design Review -9/22/15 AMOUNT $1,800.00 Date: re September 12, 2015 Mr. Erick Serrano Assistant Planner City of Cupertino Community Development Department 10300 Torre Avenue Cupertino, CA 9501 O City of Cupertino Design Review Consultation Marina Plaza -Design Review Cupertino, California Exhibit A 405 Hownrd Son Froncisco, CA 94105 415 398 15 7 r3 41s :398 33;~, fox www.stud iosorchitccture .corn STUDIOS Architecture (STUDIOS) is pleased to submit this proposal for Architectural Consulting Services to the City of Cupertino Planning Department. Assist the City of Cupertino Planning Staff in Site and Architectural Design Review of development proposals submitted to the City of Cupertino for review and approval. OF , .. ,p•gJ•V David Sabalvaro, AJA LEED AP, a Principal of STUDIOS Architecture shall provide the following limited consulting services: A. Review submitted development proposal generally consisting of site plans, floor plans, sections, elevations, renderings and written information. B. Provide initial comments, rendering opinions for design improvement per City of Cupertino requirements, design guidelines and policies. C. Provide comments, and/or mark-ups, etc. and discuss with City of Cupertino Planning Staff via telephone and/or email prior to meeting. D. Attend a Project Briefing with Cupertino Planning Staff and Review Meeting with Project Applicant to discuss initial comments and potential responses to comments. (Cupertino Visit -Meeting #1) Mr. Erick Serrano City of Cupertino Consulting Services September 12, 2015 E. Review Responses and Re-Submittal package from Project Applicant and comment. F. Attend Response Review Meeting with Project Applicant and City Planning Staff (Cupertino Visit -Meeting #2) EXCUJOED: A. Consulting Services are limited to those listed above. Actual Design Services or Major Re- Design of proposed developments are not anticipated and not included in the proposed scope of services. B. The proposed compensation excludes any sub consultants for detailed review outside of general architectural design issues. C. It is assumed that adequate review time will be provided ~. For the above referenced scope of services, we propose to be compensated on a Time and Material Basis. Page 2 A. Hourly Rates: Assumed Maximum Man-hours: David Sabalvaro, AIA LEED AP Principal 12 man-hours @ $150.00/Hour = $1,800.00 (includes 2 Site Meetings) (Note: Travel time to the City of Cupertino from the City of San Francisco and back will also be billed when required to attend informal review meetings.) B. Sub-Consultant Services: Sub-Consultant services are not anticipated at this time and thus are not included here. If it is determined during the course of the project, that the services of a consultant are required, STUDIOS will submit a separate proposal. C. Reimbursable Expenses (if required) Mr. Erick Serrano City of Cupertino Consulting Services September 12, 2015 Normal project related reimbursable expenses such as printing, postage, delivery services, long distance phone calls (excluding 405,510,650 Area Codes), facsimile transmissions, mileage, GADD plots, and special project-related supplies will be charged at 1.1 times the cost to STUDIOS. A. Preliminary Review -1 week B. Project Briefing/Project Applicant Meeting -1week C. Response Review and Comment -1 week from Re-submittal D. Final Project Applicant Meeting -1week City of Cupertino Consultant Services Agreement Thank you for the opportunity to present this proposal. Please provide a Purchase Order for this project and Invoice instructions, policies and procedures. Sincerely, STUDIOS Architecture t?li-~~ David Sabalvaro, AIA LEED AP Principal Page 3