15-190 Studios Architecture, design review for Hills at Vallco projectCITY OF g SHORT FORM AGREEMENT
CUPERTINO
(Less than $5,000)
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014
408-777-3200
This Agreement, made and entered into this 9th day of November, 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 01ereinafter "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: Design 1·eview consulting for Hills at Valko project.
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 November 9,
2015 and shall be completed no later than June 30, 2017.
C. COMPENSATION: For the full performance of this Agreement, CITY shall pay Contractor a total
amount not to exceed THREE THOUSAND SIX HUNDRED dollars ($3,600.00), 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:
IZIExhibit "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 performed in c01mection with the Agreement,
indemnify, defend, and hold harmless the City and its officers, officials, agents, employees and volm1teers from and
against any and all liability, claims, actions, causes of action or demands whatsoever against m1y 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 otherwise, arising out, pertaining to, or related to the 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 acceptance 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 due to their m1ique 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, trm1sfer, 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 lnsurm1ce and Additional Insured Endorsement consistent with the following
requirements:
(a) Workers' Compensation: Statutory coverage as required by the State of California.
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Sn1dios Architecture for Hills at Vallco. l 1~9-15
(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 lin1its shown above.
(c) 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
( d) Professional Liability: Contractors in regulated professions shall maintain professional liability
insurance which includes coverage for the professional acts, errors and omissions of Contractor in the amount of at
least $1,000,000.
5. Subrogation Waiver. Contractor agrees that in the event ofloss 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
recovery. 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 law, the City
Manager may terminate the Agreement by giving Contractor written notice thereof, which shall be effective
i1mnediately. The City Manager shall also have the option, at its sole discretion and without cause, of terminating
this Agreement by giving seven (7) calendar days' prior written notice to Contractor as provided herein. Upon
receipt of any notice of termination, Contractor shall immediately 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 to, unemployment insurance benefits, FICA laws, 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 pennits, 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, draft, 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 fi.1mished to the City pursuant to this Agreement.
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Shldios Architechtre for Hills atVallco. 11-9-15
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 tmder 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: Piu Ghosh, Principal Planner, Community
Development
In witness thereof, the parties have executed this Agreement the day and year first written above.
By:~-"--"'~..._.."°-----=----I--~~~~~~~
Title: _-L__,_,,,,.....11!"'--R"'"'"'-IL.._-~~-~~---
DATE
111/6/JS
CITY OF CUPERTINO:
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By: 4ffid~
Title: ~AJIJ~/ Pf<./IJ C-lftc V
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EXPENDITURE DISTRIBUTION
ACCOUNT NUMBER AMOUNT
100-71-702 900-939 $3,600.00
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Studios Architecture fol' Hills at Vallco, 11-9-15
Exhibit A
STUDIOS 405 Howord Street, Suite 588
San Frcmcisco, CA 94105
architecture 415 398 7575
415 398 3829 fox
www.studiosarchitccturc.com
Date: October 28, 2015
PROPOSAL TO: Mr. Geoff Bradley
Principal + President
M-Group
PROJECT
579 Clyde Avenue Suite 340
Mountain View, California
Design Review Services for the City of Cupertino
Project: The Hills at Vallee -Design Review
Cupertino, California
STUDIOS Architecture (STUDIOS) is pleased to submit this proposal for Architectural Consulting
Services to M-Group on behalf of the City of Cupertino Planning Department
I. PROJECT DESCRIPTION:
Assist the City of Cupertino Planning Staff in Site and Architectural Design Review of The Hills
at Vallco development proposal submitted to the City of Cupertino for review and approval.
II. SCOPE OF BASIC SERVICES:
David Sabalvaro, AIA 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. Discuss initial review and identify areas of concern of Project with City of Cupertino Staff
and M-Group Staff. Formulate an outline for discussion with Applicant at Applicant's
Presentation -Meeting #1.
C. Attend initial Applicant's Presentation of Project. Meeting #1
Provide initial comments, Identifying issues of concern and render opinions for further
design study per City of Cupertino requirements, design guidelines and policies.
Mr. Geoff Bradley
M-Group
Design Review Services
October 28, 2015
D. Attend Applicant's Response meeting with Cupertino City Staff and M-Group Staff.
Meeting #2
D. Review Applicant's Response and formulate opinions, concerns and recommendations in
coordination with City Staff and M-Group Staff.
E. Attend Applicants 2nd Response Meeting. Meeting #3.
F. Review Applicant's Response and formulate opinions, concerns and recommendations in
coordination with City Staff and M-Group Staff.
G. If required, repeat Applicant's Response meeting and Review of Applicant's Response as
outlined above. (Not included in this proposal and Fee Estimate)
Ill. SERVICES EXCLUDED:
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
Ill. COMPENSATION:
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For the above referenced scope of services, we propose to be compensated on a Time and
Material Basis.
A. Hourly Rates:
Estimated Man-hours: 24 man-hours @
David Sabalvaro, AIA LEED AP $150.00/Hour = $3,600.00 (includes 3 Site Meetings)
Principal
(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. Geoff Bradley
M-Group
Design Review Services
October 28, 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, CADD plots, and special project-related supplies will be charged
at 1.1 times the cost to STUDIOS.
IV. PROPOSED SCHEDULE:+/-4-6 wks
V. Contract:
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~rr:;::_ tlf OL--
David Sabalvaro, AIA LEED AP
Principal
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