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06-029, Sugimura & Associates Architects AGREEMENT " / '}' r.' . ..1. '") L. .... ,~ - J..... CITY OF CUPERTINO 10300 Torre Avenue Cupertino, CA 95014 408-777-3200 NO. 032269 BY THIS AGREEMENT, made and entered into this 7th day of April, 2006.. by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Sugimura & Associates Architects, Gene Sugimura Address: 2155 So. Bascom Ave., Su.200, Campbell, CA 95008;Phone: 408-879-0600; Fax: 408-377-6066; e-mail: gene@sugimura.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: Design, Construction Documents and Construction Administration for: The City Hall Emergency Generator Project EXHIBITS: The following attached exhibits hereby are made part of this Agreement: See attached Exhibit "A" TERMS: The services and/or materials furnished under this Agreement shall commence on Apri/7, 2006 and shall be completed before December 31,2006 COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: Not to Exceed $ 15,350.00 (See attachment for explanation of total cost for project) 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 CITY, in witness thereof, the parties have executed this Agreement the day and year first written above.' CITY OF CUPERTINO: ~ ~ Title Titl Soc.Sec.#orTaxI.D. ,,- D//'/~ar EXHIBIT A City Hall Emergency Generator Project Task 1: Uoorade the Emeroency Generator $33,500.00 On P.O. 031514 Amount completed under P.O. 031514 -$26,603.54 Amount to be completed on this Agreement $6,842.46 Additional work to complete taks on this Agreement $8,460.00 TTOTAL this P.O. I $15,302.46 Sugimura & Associates Architects Architecture. Planning. Interiors Landscape Architecture 2155 So. Bascom Ave., Suite 200 Campbell, CA 95006 406/679.0600 Fax 406 /377-6066 E-mail: SAA@sugimura.com Website: www.sugimura.com Principals Gene M. Sugimura, AlA Reed C. Grandy, ASIC Associates Susan M. Landry, ASLA Daniel B. Patterson, RA Mirella Sion, Assoc. AlA EXHIBIT A September 20, 2005 (Revised 11/17/05) Mr. Terry W. Greene, A.LA. Senior Architect City of Cupertino 10300 Torre A venue Cupertino, CA 95014 PUBLIC WORKS 0'. ,". CD 0 (d' ('!i1>fti"O \[~ ~j! ')r: ~ t{1 bH':: Re: Cupertino City Hall Building Renovations Work Proposal for Design Services Requested Terry: per our 11/14/05 meeting with you and Carmen, we are submitting herewith our revised Scope Definition & Fee Proposal for the above referenced work as requested. The work is now divided into Two (2) Task areas, Task One, the Emergency Generator Upgrades; and Task Two for the Interior Design & Concrete Shear Walls Upgrades only,construction will be deferred to a later year, and the original Task Three, roof redesign Concepts, has been omitted. TASK ONE: Up2rade the Emer2encv Generator. This Scope of Work anticipates the following: 1. Replace the existing emergency generator with a new 300 KV A, 832 amp generator, and relocate to a selected location outside of building. This outside location shall include a concrete pad, appropriate enclosure/retaining walls, and a secured cover. 2. The new generator's operational sound emission will be required to be within an acceptable and/or recommended tolerance from the Manufacturer, and ASHRAE recommended guidelines for this kind or similar installation. 3. Coordinate \l,,1ith Cit)' for reViellJ & approval. 4. Provide construction administration services. 5. Utilize existing fuel tank and design the required underground fuel supply line extension to new generator location. Ov:ner will be responsible for any Hazmat approval of fuel tank. 6. Provide & coordinate construction documents. 7. Electrical Engineer will attend a maximum of three (3) meetings during design & processing of final bid documents. 8. Electrical Engineer will provide construction support in two (2) site visits for project issues as needed to respond to RF!' s. He will also review shop drawings & submittals, clarify project- related questions, and work closely with Architect. 9. Deliverables: three (3) sets of the final CDs to the Architect for their use and for submission to the City for review & approval. Page 1 of3 EXHIBIT A 10. Architect will provide coordination with the City's Senior Architect, and all required Engineering Consultants as necessary. Exclusions to this Scope of Work: 1. Fix the existing Splice connections in the mechanical room on lower level, Replace the existing 400 amp line coming into splice area from the PG&E transformer outside, and Address the current PG&E power outage problems. A complete Study or Analysis of the City's Power Situation as originally discussed will not be done. 2. V~!ue Engineering & Constructability reviews or meetings. 3. Design ofEMSISecurity conduit & wiring distribution system. 4. Design of Main DatalTelephone/CATV main frame & infrastructure. 5. Engineering survey, meetings & coordination of existing equipment and electrical issues. 6. Replacement of existing fuel tank. Refer to Electrical Engineer's Proposal attached. Proposed Fee: Electrical Engineer: City Reviews/approvals: Construction Administration: Subtotal Electrical: $13,000.00 $ 500.00 $ 1.500.00 $15,000.00 Architect Coordination: $ 9,000.00 Coord for Engineering & generator pad & enclosure ' Structural/Civil/Mechl Engrs consult allowance: $ 9.500.00 Total for EMERGENCY GENERA TOR: (Task One) $33,500.00 Sugimura & Associates Architects Architecture. Planning. Interiors Landscape Architecture 2155 So, Bascom Ave" Suite 200 Campbell, CA 95008 408 / 879-0600 Fax 408/ 377-6066 E-mail: SAA@sugimura.com Website: www.sugimura.com Principals Gene M, Sugimura, AlA Reed C, Grandy, ASIC Christopher B. Clancy, AlA Associates Susan M. Landry, ASLA Mirella Sion, Assoc, AlA EXHIBIT A April 07, 2006 Carmen M. Lynaugh Projects Manager Public Works Dept City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 Re: ADD Services Fees Request City Hall Emergency Generator Project Dear Carmen: Per our meeting on Monday, 4/03/06, we herewith request Additional Fees for providing the necessary revision & coordination of Consultants for the relocation of the new Emergency Generator from the NW side of the City Hall building to the SE side. The fees are as follows: Electrical Engineering Architect's Coordination and Bid Docs revisions Including new site background dwgs Mechanical Engineering $1,500.00 $2,300.00 $4,660.00 Total: $8,460.00 If there is any more information that you need, please call me. Sincerely, /) V )/1' /~-tn-tJ Ii: - PA"Y'~ , I () Gene M. Sugimura, A.I.A. Senior Principal Sugimura & Associates Architects cc: Terry Greene, A.LA. SAA Accounting Page I of I