10-077 Sugimura Finney Architects, Gene Sugimura, Blackberry Farm Infrastructure Project CITY OF AGREEMENT
CITY OF CUPERTINO
r 10300 Torre Avenue
CUPERTINO Cupertino, CA 95014
408-777-3200 NO. 03 290 2
BY THIS AGREEMENT, made and entered into this 3 rd day of August , 2010, 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(dsu iimura.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:
Blackberry Farm Infrastructure Upgrade Project — Design and Construction Administration
EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Exhibits "A ", "B" and "C"
TERMS: The services and /or materials furnished under this Agreement shall commence on August 3, 2010
and shall be completed before May 31, 2011
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
Not to Exceed $ 55,000.00 Lump Sum, 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 herein.
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:
NAME: Terry Greene DEPARTMENT: Public Works Department
This Agreement shall become effective upon its execution Dy CITY, in witness thereof, the parties have executed this
Agreement the day and year first written above.
CONT' `O' CITY OF CUPERTINO:
By ' > ∎, ..-A`. ....,. _. _ F' U 3 /c By " --- ----
Title - c.s''e`P /n Pri Title: Terry Greene, AIA, City Architect
Soc. Sec. # or Tax I.D.
APPROVALS EXPENDITURE DISTRIBUTION
• MENT H i co CL, DATE ACCOUNT NUMBER AMOUNT
...f. • ∎,\ , 8 —S — 1 427 - 9135 -9300 $ 55,000.00
, , DAT • „___/0 - r 7 O/f0
EXHIBIT "A"
SCOPE OF SERVICES
BLACKBERRY FARM INFRUSTRUCTURE UPGRADES
CITY OF CUPERTINO, CALIFORNIA
•
This is an exhibit attached to, and made a part of, the Agreement between the City of
Cupertino ( "City ") and Sugimura Finney Architects ( "Consultant ") for the provision of
professional Design, Project, and Construction Administration services ( "Services ").
The duties and services for Consultant on the Blackberry Farm Infrastructure Upgrades, include,
but are not limited to, the scope elements listed below. Consultant shall be responsible to
coordinate all Sub Consultants as required for each phase. Consultant's services shall not
include responsibility for Contractor's nor utility companies' means, methods, operations or
results of the construction work.
Phase One — Schematic Design Refinement
Phase Two — Design Development
Phase Three — Construction Documents
Phase Four — Bidding
Phase Five — Construction Administration
Phase One — Schematic Design
a. Attend one design team kick -off meeting with consultant team, and appropriate City staff
to introduce the team and discuss the project goals and program and timelines and
protocol for communication and direction and identify standards. Identify timelines,
milestones and deliverables for approvals and clearances.
b. Consultant will prepare minutes from the above meeting outlining timelines, milestones,
action items, and submittal package requirements.
c. Visit site at least two times.
d. Meet with City to review cost estimate and determine next steps to either adjust design in
quantity or quality, identify work that could be future phases, bid as additive alternates,
or might be eligible for grant funding.
e. Present refined schematic plans to City in one meeting and collect feedback and direction
on final refinements. Prior to meeting provide City with PDF and one (1) full size set and
four (4) half size sets of schematic plans.
f. Consultant will prepare minutes from the above meeting outlining action items and
directives from City.
City of Cupertino
Sugimura Finney Architects Exhibit A 1 of 5
Basic Agreement
Blackberry Farm Infrastructure Upgrades
g. Incorporation modifications to the final schematic design plans as directed by the City.
Phase Two — Design Development
a. Based on written direction from City and input gathered under Phase One described
above, refine the final concepts and recommendations into Design Development plans for
the proposed improvements, including the following plans and/or items:
1. Cover Sheet
2. Existing Conditions
3. Demolition Plans
4. Floor Plan
5. Materials, Colors and Finishes Board
b. Coordinate with consultant team throughout the preparation of Design Development
Plans.
c. Meet with other utility companies, building dept. and other agencies to determine
design requirements and process for connections to water and sewer.
d. Present refined design development plans to City in one meeting and collect feedback
and direction on final refinements. Prior to meeting provide City with PDF and one
(1) full size set and four (4) half size sets of design development plans.
e. Consultant will prepare minutes from the above meeting outlining action items and
directives from City.
f. Incorporation modifications to the final design development plans as directed by the
City.
Phase Three — Construction Documents
This phase begins once the design development package has been approved with written
acceptance and authorization to proceed by the City and received necessary clearances.
Environmental clearance and permitting requirements should be identified prior to
commencement of the construction documents task. Consultant shall coordinate with all sub -
consultants to prepare Construction Documents.
a. Prepare construction drawings to 60% completion for review by City. Submit PDFs
and six (6) sets of 22" x 34" plans for initial review by staff. 60% Construction
Documents will include
1. Cover Sheet
2. Site Plan
3. Civil Plan
4. Existing Conditions Plan
5. Demolition Plan
6. Floor Plan (may be combined with Materials and Finishes plan or Site
Plan)
7. Electrical Plan
8. Materials and Finishes Plan
9. Construction Details
City of Cupertino
Sugimura Finney Architects Exhibit A 2 of 5
Basic Agreement
Blackberry Farm Infrastructure Upgrades
10. Draft Technical Specifications in the Construction Specification Institute
(CSI) format. NOTE: City to prepare Division 0 and 1 and all special
and general conditions "front end" and bid documents portion of the
project manual.
11. City BMP sheet will be attached
b. Meet with City to collect comments and feedback on one marked up set of plans and
draft technical specifications.
c. Consultant will prepare minutes from the above meeting outlining action items and
directives from City.
d. Per review comments, revise drawings and specifications and resubmit PDFs and six
(6) sets of each at 95% completion for review by City and involved agencies.
e. Meet with the City to Review the 95 "% Submittal.
f. Consultant will prepare minutes from the above meeting outlining action items and
directives from City.
g. Prepare final technical specifications and assist the City in preparation of bid form.
General and Special Conditions to be prepared by the City.
h. Incorporate final comments into final construction and bid documents. Provide City
with one (1) original wet stamped set for City signatures and five (5) copies. Provide
CADD and PDF of final plans, including the fully signed cover sheet and provide in
WORD format and one copy of the technical specifications.
i. Provide information required for City building permit submittal. This may include
plans and any structural calculations and other information needed to get a building
permit issued for the work. Consultant shall also respond to all building permit
comments to get permit issued.
Phase Four — Bidding Phase
a. Provide City with list of Contractors to receive Notice to Contractors for Bidding.
b. Attend and facilitate one pre -bid meeting on site and record all bidders in attendance
and record any questions brought up that need to be addressed by addenda and
prepare minutes of meeting.
c. Assist City in responding to written questions from bidders during the bidding
process. This may include plan changes required due to questions or building permit
comments.
d. Attend bid opening and analyze and review bids with City.
e. Assist the City with review of contractor's compliance with qualification and license
requirements.
f. Assist the City in determining lowest responsible bidder.
City of Cupertino
Sugimura Finney Architects Exhibit A 3 of 5
Basic Agreement
Blackberry Farm Infrastructure Upgrades
Phase Five — Construction Phase Services
a. Attend one pre - construction meeting with the City and the contractor. City will take
notes on action items and record key topics of the meeting.
b. Attend weekly meetings for the first three weeks and then on an as needed basis.
c. Coordinate Sub Consultant site visits and assist them as requested by the City.
d. Review meeting minutes and follow up with City on action items, correspond via
email, and phone.
e. Review and process project submittals, two re- submittals allowed and shop drawings
and coordinate with other consultants on review.
f. Provide plan clarification through the RFI (Request for Information) process through
written responses.
g. After notification from contractor that the project is substantially complete, attend
punch list walkthrough with City to verify completion of project in compliance with
the plans and specifications.
h. Prepare written formal punch list based on the above walkthrough and distribute to
City and contractor.
i. After notification of completion of punch list, meet at the site with the City and
contractor to verify completion of the punch list items.
j. Using Contractor's mark ups create an electronic copy of the "As- Built" conditions.
Deliver CADD and PDF electronic files and one full size mylar copy and four Y2 size
paper copies.
k. Assist the City with project close out.
Description of Work
The Work consists primarily of upgrading existing buildings, listed below, to comply with
California and Federal codes and laws to include disabled access.
The Engineer's Estimate for this work is established at $415,000 of the project budget. The
Consultant will make every effort to ensure that the design, incorporated in the Bid Documents,
will not exceed the Engineer's Estimate in the bidding process.
The City desires that building repairs and new structures be designed with sustainability in mind
and constructed with City's exiting lumber to the fullest extent possible and have a rustic quality
in keeping with the character of the other new park structures.
The work will be applied to the following buildings and areas:
1. Retreat Center restrooms, parking space, pathway, front and rear entryways, and kitchen
2. Large Pool House men's shower and dressing area
3. Large Pool House women's shower and dressing area
4. Large Pool House men's picnic area restroom
City of Cupertino
Sugimura Finney Architects Exhibit A 4 of 5
Basic Agreement
Blackberry Farm Infrastructure Upgrades
EXHIBIT "B"
COMPENSATION
BLACKBERRY FARM INFRUSTRUCTURE UPGRADES
CITY OF CUPERTINO, CALIFORNIA
This is an exhibit attached to, and made a part of this Professional Services Agreement with
THE CITY OF CUPERTINO ( "City ") and Sugimura Finney Architects ( "Consultant ") for the
provision of professional architectural services ( "Services ").
Basic Agreement
Fee Proposal % of Fee
Estimated fees for the work phases are listed below. The Consultant, with written approval of the City,
shall be allowed to shift funding from one phase to another, with the understanding that the total
funding shall not exceed $55,000 without a fully executed amendment to this Agreement.
Phase One — Schematic Design $8,000.00 15%
Phase Two — Design Development $11,250.00 20%
Phase Three — Construction Documents $22,750.00 41%
Phase Four — Bidding $2,750.00 5%
Phase Five — Construction Phase Services $10,250.00 19%
Total Proposed Fees Phase One — Five $55,000.00 100%
Additional services, if required, shall be performed after receiving written authorization
from the City in the form of an Additional Service Directive (ASD), and shall be on a time
and material basis, in accordance with the Fee Schedule shown on Exhibit "C ".
END OF EXHIBIT "B"
City of Cupertino
Sugimura Finney Architects B -1 of 1
Basic Agreement
Blackberry Farm Infrastructure Upgrades
5. Large Pool House women's picnic area restroom
6. Pool Deck outside showers
7. Small Pool House men's picnic area restrooms
8. Small Pool House women's picnic area restrooms
9. Conversion of existing "trail side" restrooms into storage and electric cart charging
station with lower profile roof and sliding or bay doors to service yard
10. Two new unisex trail side restrooms with exterior drinking fountain located near volley
ball courts
11. Service yard fence repair and replacement
END OF EXHIBIT "A"
City of Cupertino
Sugimura Finney Architects Exhibit A 5 of 5
Basic Agreement
Blackberry Farm Infrastructure Upgrades
EXHIBIT "C"
SCHEDULE OF ]PERFORMANCE
BLACKBERRY FARM INFRUSTRUCTURE UPGRADES
CITY OF CUPERTINO, CALIFORNIA
This is an exhibit attached to, and made a part of this Professional Services Agreement with
THE CITY OF CUPERTINO ( "City ") and Sugimura Finney Architects ( "Consultant ") for the
provision of professional arch::tectural services ( "Services ").
SCHEDULE Duration Complete
Schematic Design 1 month August 31, 2010
Design Development 1 month September 30, 2010
Construction Documents 1 month October 31, 2010
Bidding 2 months December 31, 2010
Construction Phase Services 5 months May 31, 2011
END OF EXHIBIT "C"
City of Cupertino
Sugimura Finney Architects B -1 of 1
Basic Agreement
Blackberry Farm Infrastructure Upgrades