04-014, The Guzzardo Partnership
AGREEMENT
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CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3200
BY THIS AGREEMENT, made and entered into on the day of , 20 -,
by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and
Name (1) The Guzzardo Partnership (2)
Address 836 Montgomery Street City San Francisco, CAzip 94133 Phone (415) 433-4672
(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:
EXHIBITS: The following attached exhibits hereby are made part of this Agreement:
TERMS: The services and/or materials furnished under this Agreement shall commence on December 15 t 2003
and shall be completed before ~ June 30, 2004
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: $26,700.00
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~ncIU;ing all costs of defending any claim, caused by or arising out of the pertormance of this Agreement. City shall not
be Iiab for acts of Contractor in performing services described herein.
due to negligence, errors and omissions
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:
Terry W. Greene
DEPARTMENT
Public Works
NAME
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:
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APPROVAL j
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CITY OF CUPERTINO:
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~~Ie enior Architect
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AMOUNT
Pink: Receiving
Gold: Department
EXHIBIT A
SCOPE OF WORK
The following scope items are in addition to the basic services, previously provided, or
currently underway, by CONSULTANT, at City Center Park. These additional items are
required to finish the PROJECT in the manner envisioned by the CITY, but which could
not have been initially identified as part of the basic scope of work.
CONSULTANT shall provide schematic design, design development, construction
documents, bidding and award, construction administration, and project close-out
services, as may be required for each item.
Park Siqnaqe:
The CITY wishes to have signage developed and installed which identifies the Park as
a City Park. The signage should be civic in nature and occur in the locations that will
most strongly convey to the park users that it is an amenity provided by the City.
Trellis Graphics:
The City wishes to have graphics developed for the glass panels on the Trellis that link
the historical context of Cupertino and the site to recognized agricultural, civic,
educational, and technological contributions.
SE Corner Pavinq Confiquration:
Consultant shall design a paving plan to ensure a smooth and pleasing intersection of
Park concrete with the concrete walkway and ramp of the adjacent Cypress Hotel and
the concrete walkway of the Verona apartments, at the South East corner of the Park
site.
PG&E Transformer Vault and Connection:
Consultant shall provide the necessary design and coordination services to allow for a
site power connection with PG&E using an underground transformer vault meeting all
Guzzardo Partnership
City Center Plaza
Basic Agreement
Exhibit A-1
EXHIBIT A
SCOPE OF WORK
PG&E design standards. This work is necessary as a result of a failure of the adjoining
property holder, Prometheus, to deliver power to the site through their Verona
Apartment project, as previously agreed to.
Public Donor RecoQnition Brick Paver Studies:
Consultant shall provide sketches and drawings, with sufficient detail to enable the
Contractor to place Owner provided donor recognition bricks in the Park for the non
profit organization of Cupertino Education Endowment Fund (CEEF).
Guzzardo Partnership
City Center Plaza
Basic Agreement
Exhibit A-2