09-131 Sugimura Finney ArchitectsAGREEMENT
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CITY OF CIJPERTINO
10300 Torre Avenue
Cupertino, CA 95014
408-77i-3200
BY THIS AGREEMENT, made and entered into this 22 nd day of September , 20091 by and between the CITY OF
CUPERTINO (Hereinafter referred to as CITY) and Sugimura Finney Architects, Gene Sugimura
Address: 2155 So. Bascom Ave., Su. 200, Campbell, CA 95008;Phone: 408-879-0600; Fax: 408-377-6066;
e-mail: gene(a~su_pimura.com 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:
Quinlan Community Center Plaza ADA Survey
EXHIBITS: The following attached exhibits hereby are made part of this Agreement:-N~o~te- C ~K~~~ "~ ~,,.~-`-~n ~ ~
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TERMS: The services and/or materials furnished under this Agreement shall commence on September 22, 2009
and shall be completed before March 30, 20010
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
Fixed Fee Not to Exceed $ 7,500.00 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 acts of Contractor in performing services described herrein.
Insurance. Should the City require evidence of insurability, Contractor shill 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 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: ~ ~.~„
NAME: Terr Greene DEPARTMENT: Public Works De artm
Y p e
This Agreement shall become effective upon its execution try CITY, in witness thereof, the parties have executed this
Agreement the day and year first written above.
C
By
Soc. Sec. # or Tax I.D. •0
APPROVALS ~
CITY OF CUPERTINO:
By
Title: eery Greene, AIA, City Architect
EXPENDITURE DISTRIBUTION
E H ~/ 4TE CCOU T MB R AMOU T
(/L• , 2,~ Q 110-81 -7014 $ 7,500.00
CIT ERK TE _ ~ ' l ~ ~
- / l I
EXHI~~IT A
SCOPE OF SERVICES
QUINLAN COMMUNI'T'Y CENTER PLAZA
DISABLED ACCESS SURVEY
The Quinlan Community Center, located on Stelling Road in Cupertino, was built in the
late 1980s. The fountain in the plaza at the rear or west side of the building was built
from plans dated 1989.
Consultant is providing City with construction documents to demolish the fountain and
construct a trellis structure in its place under separate contract.
The plaza in the rear of the building is used for a variety of private and public events
including wedding receptions, birthday parties. and public social gatherings for large
groups of people of all ages. The new trellis will improve and expand the area for these
events.
It is therefore necessary for the City to identify the extent to which the adjacent parking
lot, path of travel hard surfaces, seating features, and other pedestrian accommodations at
the rear of the community center comply with current disabled access codes and laws. It
is also necessary for the City to identify means of remediation of any of the said features
that are non-compliant.
CONSULTANT shall survey, investigate, catalogue, analyze, report conditions of non-
compliance, and describe alterations and methc-ds of remediation for all conditions found
to be non-compliant. This agreement does not, at this time, require the Consultant to
design or prepare construction documents for remediation of any condition found to be
non-compliant.
Consultant shall deliver three (3) original copies of the results of the Quinlan Community
Center Plaza Disabled Access Survey to the City in a bound report on 8 '/2 by 11 standard
paper on Consultant's letterhead, wet stamped .and signed. Survey shall cross reference
each non-compliant condition with the specific chapter and paragraph of the current
California Building Code and the ADA law. Consultant shall identify where the code is
in conflict with the ADA law and suggest a res~~lution. Survey shall include one 11 by 17
site plan that indicates the location of each non-compliant condition. Survey may include
black and white photos ofnon-compliant conditions.
Upon receipt of the deliverables listed above, Consultant will have no other obligation
under this agreement unless amended in writing; by City and formally agreed to by
Consultant.
ENI;~
Quinlan Plaza ADA Audit
Sugimura & Finney Architects
City of Cupertino
EXHI~~IT B
COMPENSATION
QUINLAN COMMUNITY CENTER PLAZA
DISABLED ACCESS SURVEY
Consultant shall be entitled to a total lump sum fee of Seven Thousand Five Hundred
Dollars ($7,500) for the services described in >=',xhibit A.
Consultant shall be entitled to receive payment for services in three (3) payments under
the following conditions:
Payment No. 1: Upon receipt of Consultant's schedule, work outline, and point of
contact, accompanied by an invoice, City will ~>uthorize payment of $2,500
Payment No. 2: Upon receipt of Consultant's F:ough Draft of the Survey, accompanied
by an invoice, City will authorize payment of $2,500.
Payment No. 3: Upon receipt of the Final Submittal, which includes all of City's
comments and corrections, accompanied by an invoice, City will authorize payment of
the final $2,500.
END
Quinlan Plaza ADA Audit
Sugimura & Finney Architects
City of Cupertino