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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