09-078 Sugimura Finney ArchitectsAGREEMENT
_-~~ CITY OF CUPERTINO
10300 Torre Avenue
~~~ ~ Cupertino, CA 95014 ~~",~~~~
408-777-3200 NO.
BY THIS AG EEMENT, made and entered into this 1st day of June , 2009, by and between the CITY OF
CUPERTINO (Hereinafter referred to as CITY) and Sugimu~ra Finney Architects, Gene Sugimura
Address: 2155 So. Bascom Ave., Su. 200, Campbell, C.A 95008;Phone: 408-879-0600; Fax: 408-377-6066;
e-mail: aeneCciasugimura.com Hereinafter referred as CONTRACTOR), in consideration of their mutual covenants,
the parties hereto agree as follows: ~..~/~,fl/p
CONTRACTOR shall provide or furnish the following specified services and/or materials: "~ II
Quinlan Community Center Plaza Design and Construct:ion Services
EXHIBITS: The following attached exhibits hereby are madr: part of this Agreement: Proposal marked Exhibit "A"
TERMS: The services and/or materials furnished under this Agreement shall commence on June 1, 2009
and shall be completed before March 30, 20010
COMPENSATION: For the full performance of this Agreemt~nt, CITY shall pay CONTRACTOR:
Fixed Fee Not to Exceed $ 30,000.00 without City Authorization
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 save and hold harmless the City, its officers, agents and employees from any and all damage and liability due
to negligence, errors and omissions, including all costs of defending any claim, caused by or arising out of the performance of this Agreement. City
shall not be liable for ads of Contractor in performing services described hf:ren.
Insurance. Should the City require evidence of insurability, Contractor shs~ll file with City a Certificate of Insurance before commencing any services
under this Agreement. Said Certificate shall be subject to the approval of C;ity'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 i:, not a contrail 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. R n
CONTRACT CO-ORDINATOR and representative for CITY shall be: E~Fj+ k~++
NAME: Terry Greene DEPARTMENT: Public Works Department
This Agreement shall become effective upon its execution icy CITY, in witness thereof, the parties have executed this
Agreement the day and year first written above.
CONT CTO CITY OF CUPERTINO:
By By ~ ""
Title r~ ~ Title. Terry Greene, AIA, City Architect
Soc. Sec. # or Tax I.D. '~ `~ - U 1 l 13 C2
APPROVALS
°_XPENDITURE DISTRIBUTION
T T / A i/ ~ ~EGY ~ O~„
V ~. fry 420-92 7A3(~0 $ 30,000.00
DATE ~ Q'~O'
CI LE ~~ ~
J - ~-'
Sugimura Finney
Architects j$ j
T
A
Architecture • Planning • Interiors
Landscape Architecture
June 29, 2009 #2838
Mr. Terry Greene, A.I.A.
Senior Architect
City of Cupertino Public works Dept
10300 Torre Avenue
Cupertino, CA 95014-3255
Re: Proposal for the Quinlan Center Plaza project (revised)
Dear Terry:
We submit the following li ee Proposal as requested for the processing of
this project thru completion of construction.
SCOPE OF WORK:
The construction budget fir this project is $190,000.00, with a
construction contingency ,allocated at $32,000.00.
The Design Concept, Option B, was selected and approved by the City
Council at its 8-19-08, meeting, and this is the design that we have based
our proposal on. Also, in<luded are the conclusions made at the 5-22 site
meeting, the 6-22 project meeting here, and the discussions of the
conference call of 5-18-O~i.
The Project consists of demolishing the existing fountain and its
surrounding plaza, and replacing it with a very simple level Plaza with
trellised gazebo structure. The existing pool structure will be
demolished and removed in its entirety.
The earlier trellis structurc; proposed on the existing "curved" retaining
wall will now be relooked at as a landscape hedge or other approved
option, but shown and included as an additive alternate bid item.
2155 So. Bascom Ave., Suite 200
Campbell, CA 95008 This Pro ect will consider some " een" elements or o tions and
408 1879-0600 Fax 408 1377-6066 .1 ~ p
sustainable materials. A LEEDS certification is not being defined or
E-mail: SAA@sugimura.com re uested at this time because of the limited bud et bein ro osed.
Website: www.sugimura.com q g g p p
Principals Sugimura Finney Architects and Consultants will develop the
Gene M. Sugimura, AIA construction documents o:n a revised design concept established at the 6-
Mark C. Finney, AIA
Reed C. Grandy, ASIC 22.09 meetin and will submit some new conce t sketches for Cit
~ g~ p y
Christopher B. Clancy, AIA review & approval for the main new gazebo structure. We will also
Associates provide bidding support, ~tnd limited construction administration services
Susan M. Landry as follows:
Mirella Sion, Assoc. AIA
Don Barry
Toby Thornton
Page 1 of 3
1. Demolish existing; fountain, pump vault & pool, concrete work
as necessary, electrical, and cap any plumbing lines required.
Demolish partial existing concrete flatwork, and the fountain &
pool, which are elaborate, and approximately 100' long.
2. New concrete flatv~ork (plaza) to match existing, is
approximately 1,000 SF
3. New turf in areas where existing flatwork is demolished.
4. Consider a new "steel" trellised gazebo structure (approx 20' x
20') with new footings for same. This structure might also be fan
shaped in plan?
5. Identify existing trees on site. Prepare landscape & irrigation
demolition plan, landscape planting plan, minimal irrigation
modifications, and specifications. Specify any existing trees that
could be relocated or removed?
6. New outdoor seati~ig (benches) will be located and shown on the
site plans but will be furnished at a later date by the City.
7. New outdoor electrical power outlets for portable sound system,
overall night lighting, and night lighting on gazebo structure.
8. Civil Engineer to coordinate site work shown with Architect &
Landscape Architect, modify existing site drainage as necessary,
and prepare new grading plan to accommodate the design.
DELIVERABLES:
A. Concepts Phase: this ltas already been completed and approved.
There will be some minor scope modifications as outlined above, but
overall, the Design directi~~n is set. The 5-22-09, meeting at the site, and
the 6-22-09 project meeting here, established the overall revised project
program & scope. However, there will be revisions that would better
detail and describe the fin~il gazebo structure design and reduce
anticipated costs to accommodate the limited budget.
B. Construction Documents Phase (CD): even though we will prepare a
few more design option sketches for City review & approval on the
height of the gazebo, etc., we will move into the CD phase.
1. The deliverables for the CD Phase will be the drawings (all
specs & notes to be on the drawings), and structural
calculations. An. updated estimate of probable cost will be
prepared by Nova Partners Inc.
2. We will have otie review meeting at the completion of 50%
documents about mid-July.
3. The hedge planting at the existing curved retaining wall will
be shown as an "additive" alternate on the bid documents.
4. We will submit all of the above in a PDF/CD formats, in-
cluding three (3) sets of hard copies.
Page 2 of 3
FEE PROPOSAL: Based on the Scope of Work & Deliverables
identified above.
A. Re-familiarizatior.~ of scope, budget, and overall project needs,
review overall project schedule, Consultant reviews, etc:
-Prof Mgr/(~hris C.(12.5 hrs @ $125/hr) $1,562.50
B. CD's Preparation: (for Bldg Dept, Bidding, Construction)
1. The CD's will include a title sheet, partial site plan showing
the extent of this project, sections & details as necessary, and
materials schedules, civiUstructuraUelectrical drawings &
specs, irrigatio:n/planting schedules, calcs if necessary, with
all specs & notes on the drawing sheets.
-P.M. 48 hrs $6,000.00
-Lands Archt 36 hrs $4,140.00
-Drafter 30 hrs $2,400.00
-P.I.C. 4 hrs 700.00
Subtotal Archt: $13,240.00
Consultants:
-Civil Engr (Hohbach-Lewin) $3,400.00
-Structural Engr (Hohbach-Lewin) $2,600.00
-Electrical Engr (ACIES) 1 000.00
Subtotal Consultants: 7 000.00
Subtotal CD Phase: $20,240.00
C. Construction Administration: (est
-PM 36 hrs
-Lands Archt 7.5 hrs
-Drafter 4 hrs
Subtotal Archt:
Consultants:
-Civil Engr:
-Structural Engr:
-Electrical .Engr:
Total:
4.0 mos duration)
$4,500.00
$ 862.50
320.00
$5,682.50
$1,550.00
$ 750.00
300.00
$2,600.00
Subtotal CA Phase:
Grand Total:
$8,282.50
$30.085.00
Say: $30,000.00
Note: all Reimbursables Allowances are included in the above
figures.
Page 3 of 3
ITEMS NOT INCLUDEIri IN THIS PROPOSAL:
1. Any Consultants NOT listed above.
2. Construction Cost Estimating (by NOVA Partners).
3. Planning or Council meetings attendance.
4. Any Additional Efforts to be on a T & M based on our
current Schedule of Charges at that time.
Thank you for the opportunity to be of service to the City of Cupertino
again, we appreciate it very much. Please review and call me if you have
any questions or need clarifications.
Sincerely,
I r'
~i - ~~'
~~~
Gene M. Sugimura, A.I.A.
Senior Principal
Page 4 of 3
OFFICE OF THE CITY CLI=RK
CITY HALL
CUPERTINO
July 9, 2009
10300 TORRE AVENUE • ~:,UPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3:?23 • FAX: (408) 777-3366
WEBSITE: www.cupertino.org
Sugimura Finney Architects
Gene Sugimura
2155 S. Bascom Avenue, Suite 200
Campbell, CA 95008
To Whom It May Concern:
Enclosed for your records is a fully executed copy of the agreement with the City of Cupertino. If you
have any questions or need additional information, please contact the Public Works department at (408)
777-3354.
Sincerely,
CITY CLERK'S OFFICE
Enclosure