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08-103 Sugimura Finney Architects SCCPCity Hall 10300 Torre Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3223 FAX: (408) 777-3366 CUPERTINO October 6, 2008 Sugimura Finney Architects C/O Gene Sugimura 2155 So. Bascom Avenue, Suite 200 Campbell, CA 95008 To Whom It May Concern: OFFICE OF THE CITY CLERK Enclosed for your records is a fully executed copy oI' 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 AGREEMENT CITY OF CIIPERTINO - / 10300 Torre Avenue V.~ ~J ~ Cupertino, CA 95014 408-777-3200 NO.r~IJ ,~~j `~~ BY THIS AGREEMENT, made and entered into this 26th day of September , 20081 by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Su_p%rouca Finney Architects, Gene Sugimura Address: 2155 So. Bascom Ave., Su. 200, Campbell, C~1 95008;Phone: 408-879-0600; Fax: 408-377-6066; e-mail: gene(a)supimura.com Hereinafter referred as CONl"RACTOR), in consideration of their mutual covenants, the parties hereto agree as follows: CONTRACTOR shall provide or furnish the following specified services and/or materials: Stevens Creek Corridor Park: Design and Construction Administrative Services for Modifications to Existing Facilities EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Proposal Marked "Exhibit A" TERMS: The services and/or materials furnished under this f~greement shall commence on September 26, 2008 and shall be completed before June 30, 2009 COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: Not to Exceed $ 125,000.00 based on a Time and Materials Basis 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 ofi°icers, 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 pertormance of this Agreement. City shall not be liable for acts of Contractor in performing services described here n. Insurance. Should the City require evidence of insurability, Contractor shall f le 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 ':his 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 ariations of any kind are authorized without the written consent of the City. CONTRACT CO-ORDINATOR and representative for CITY sh;311 be: ENTERED NAME: Terry Greene DEPARTMENT: Public Works Department This Agreement shalt become effective upon its execution by CITY, in witness thereof, the parties have executed this Agreement the day and year first written above. CONTR OR: CITY OF CUPERTINO: By _ BY __ _ Title ~ ~ ~ + ~ r - Title: Terry Greene, AIA, City Architect Soc. Sec. # or Tax LD._ , ~ APPROV L EXPENDITURE DISTRIBUTION H f~ CIT RK' ~~~~~v 42i'-9112-93 $125,000.00 EXHIBI TA SUGIMURA FINNEY ARCHITECTS, INC. ARCHITECTURE*PLANNING*LANDSCAPE ARCHITECTURE"Ih'TERIOR DESIGN 2155 SOUTH BASCOM AVENUE `SUITE 200 * CAMPBELL, CA 95008 Terry Greene City Architect SFA #2854 City of Cupertino 9/30/08 RE: Proposal for STEVENS CREEK CORRIDOR PARK -EXISTING FACILITIES MODIFICATIONS Terry: Please find herewith our proposal for the above referenced project for your review and action. It is based on our discussions at our initial site meeting on Thursday, 8/07/08; our Pool Consultant's visit Tuesday, 8/12/08; our Food Service & Roofing Consultants visits on Wednesday, 9/10/08; Users/HNTB meeting of Monday, 9/15/08, and our meeting on Monday, 9/29/08. The General Scope• The existing facilities modifications consists ~~f: 1). The Pool Complex of upgrading two wood-framed Pool Bathhouses/Locker Bldgs; three Pools - a wading pool, a recreational pool with steps, a slide & diving board, and a Lap Pool with steps; 2). a concrete block Concessions Bldg with service counter, roll-up counter & garage doors to storage areas & other spaces; 3). a new Maintenance Bldg/Yard; and 4). a new Restrooms Bldg. There is also minimum site lighting existing that needs to be looked at. All planned Demolition Work will be handlea by the City. Coordinate with Bruce Hill for the Pool Users, Tot Lot Users, Picnic Users, and Trail Users access to Concessions Building, etc. as he is handling the fencing. A "Yosemite" park-like environment is desirable for families and community. We did not discuss additional parking or parking in general, so we are assuming that this has been taken care of elsewhere? Refer also to our Pool Consultant's Report, attached for review and comments. This report gets more into the details of the conditions of the existing pools & their equipment, mechanical/pump houses, and chemical storage facilities requirements. Our Food Service Consultant's Proposal with his Scope of Work is also attached. Our proposed Approach and Specific Scope of Work: Each design & Project Information package to be submitted to the General Contractor for a PCO (Proposed Change Order) quote to be within $125,000.00 increments per City Requirements. Reroof three (3) buildings with a standing seam metal roof; add life Guard Station to the Pool Complex; upgrade the exteriors & interiors of the buildings; review & analyze the pools, its equipment/pump systems, etc. to determine how much is still usable and how much needs to be replaced or upgraded; ex~~mine the layout of the Concessions Bldg to accommodate the current needs of the Users/Operators; install a new Service VVindow for the Tot Lot occupants; design & construct a new Maintenance Bldg with Service Yard to accommodate the program submitted by Tom Walters (9/26/08); and design & construct a new trail Restrooms Bldg near some of the outdoor rE~creation areas. We will use, and refer to the Phase 1 B as-built documents and coordinate any new Site Improvements work with HNTB & Swinerton. The new fencing will be coordinated with Bruce Hill. We will use the civil grading and drainage/utilities drawing of the rite obtained from the City (Package 1 B); to show where to hookup to existing site utilities for power, water, sanitary and stone, irrigation systems, grading and compaction of all new buildings & areas as patio's, entry plaza's, lawn areas, etc, Our Pool Consultant and we will handle the Pool Enhancement t2~sks and incorporate them into the project using your 9-12- 08 "Contract Scope Changes" listed items. They are as follows. a. Lifeguard Station with a 360 degree view of both Fools. Add to the existing Bath house (most southern one) an extension of spaces to include: an 4' wide x 15' Store Room, an 8' wide walkway, then a 15' x 15' square Life Guard Station. All of the "counter-height" openings on each side will be constructed with operable, hung to swing out-of-the way security enclosures when not in operation. One ADA compliant counter height will be constructed on one side as necessary. b. An Interactive Water Feature within the wadin~~ pool with ultra-violet light system (to destroy & control viruses) in accordance with County Health requiremenls,will be researched. c. Resurface the pool walls and bottoms, and ref•rab the pool decks as necessary. d. Install ADA pool equipment sleeves and speci~Fy new equipment. e. Segment/separate and upgrade the Pool Changing Rooms & Restrooms, both buildings. f. Upgrade the Pool Equipment Rooms as may k~e required. g. Select antapp opriate new Slide featuee, ncludcll ng specifications and to ationaetc. fse ponomicall cfea y sible. 4. The Food Service Consultant has visited the Concessions Building, and familiarized himself with the equipment, accessories, freezers, storage units, etc. and has requested us to retain someone to look at the existing grease trap in the kitchen to see if it works properly and is adequate to handle the new proposed operations of the building? We have also included items listed in your 9/12/08 Contract Scope Changes, and they are: a. Reconfigure the food storage, food prep areas, food serving areas to meet the current needs of the Users & City. b. Install code compliant food service equipment. c. Is a new Fire Sprinkler System required? Verify? d. Is the existing Storage spaces and outdoor areas adequate? e. Install a new Service Window for the occupants of the Tot Lot. f. Coordinate with Bruce Hill for the configuration of the new fencing for the various areas within this complex. 5. Our Structural Engineer will review and analyze the buildings and roof structures for required structural, seismic, and code issues to be incorporated into this project to support the new roofing. 6. All of the necessary Mechanical, Electrical, Plumbing will be design-build using performance-type specs and notes for the General Contractor to handle. Our M.E.P. Consulting Engineers will contribute to further develop these items to be included and shown in the architectural and site drawings. 7. We have Architectural, Landscape Architecture, and Interiors in-house, but we will only handle the architectural and interiors upgrades. 8. Preparation of the overall Color and Materials palette, to be reviewed and approved by the City prior to finalizing. 9. Design Team: -P.I.C for programming & design: Gene Sugimura -Project Manager: Selma Vukotic -Drafters: Michael Kalusinsky -Civil: We will use the information from Package 1 B & HNTB However a Civil Engineer maybe required? -Structural: Steve Wade, S.E. -MEP Engineers Interface Engineering -Food Service Patrick Stein & Associates -Roofing Consultant Tom Chapman -Pool Consultant Ken Moeller Proiect Schedule Anticipated: 1. 2. Programming/Field Investigation/Concepts; Design Development/Prelim CD's Prep: August 07 -September 23, 2008 S eptember 24 -October 31, 2008 -sometime during this phase, we will present to City and to the selected General Contracto ' 3. 4. Final CD s Prep: City Coordination/Bidding/Award Period r. Novsmber 03 -December 19, 2008 5. Construction Period: (4.0 months) January 06 -February 10, 2009 February 16 -mid-June 2009 It is understood that the construction for this project is proposed to be added to the current contracts of General Contractors already working in this area, and a set of drawings & specs will be required to enable them to understand the Scope of work to be constructed? Gene M. Sugimura, A.I.A. Senior Principal