SANTA CRUZ COUNTY BOARD OF SUPERVISORS INDEX SHEET

Creation Date: 411 8106

Source Code: POSCS

Agenda Date: 4/25/06 I NVENUM: 57603

Resol uti on (s) :

Ordinance(s):

Contract(s): 53469-0 I

Continue Date(s): Index: --Letter of Parks, Open Space & Cultural Services

-- I nde pen den t Contractor Ag ree men t --Scope of Work --Schedule of Charges --Attachments

Item: 50. APPROVED agreement with Sugimura and Associates Architects in the amount of $1 31,800 which includes a $1 2,000 contingency for reimbursable charges and miscellaneous design services, to prepare construction documents, see the project through the bidding process and provide construction administration services for the Simpkins Family Swim Center; and authorized the Director of Parks, Open Space and Cultural Services to sign the agreement and related documents on behalf of the County, as recommended by the Director of Parks, Open Space and Cultural Services

County of Santa Cruz 0 6 9 9

PARKS, OPEN SPACE & CULTURAL SERVICES v3

979 17TH AVENUE, SANTA CRUZ, CA 95062

(831) 454-7900 FAX: (831) 454-7940 TDD: (831) 454-7978 BARRY C. SAMUEL, DIRECTOR

March 27,2006 AGENDA: APRIL 25,2006

BOARD OF SUPERVISORS County of Santa Cruz 701 Ocean Street Santa Cruz, CA 95060 I

RE: AWARD OF DESIGN CONTRACT FOR IMPROVEMENTS TO THE SlMPKlNS FAMILY SWIM CENTER

Dear Members of the Board:

On February 28, 2006, your Board directed the Parks Department to return on or before April 25, 2006 with the necessary documents and design contract for consideration and approval for improvements to the Simpkins Family Swim Center. During the solicitation process, the Parks Department distributed 9 Request for Qualifications (RFQ’s) to various consultants within and outside the local jurisdiction.

Four firms responded to the Request for Qualifications. The firms that responded included: William Fisher Architecture of Santa Cruz County, Sugimura & Associates Architects from Campbell, Grossman Design Group from San Francisco and Glass Architects from Santa Rosa. With the assistance of a numerical evaluation process, the Parks Department determined that the firms of Sugimura & Associates Architects and Glass Architects were equally qualified to perform the work.

To resolve the tie in the evaluation process, both consulting firms were interviewed and further evaluated at the Simpkins Family Swim Center. The firm of Sugimura & Associates Architects was determined to be the most qualified to perform the scope of work. The Parks Department and the Consultant have negotiated a contract in the amount of $131,800, which includes a contingency of $12,000 to cover reimbursable charges and miscellaneous design services .

To move forward with the project, your Board will need to approve a contract with Sugimura & Associates Architects, in the amount of $131,800, to provide design services for improvements to the Simpkins Family Swim Center. Once on board, the Consultant will perform a preliminary assessment of the proposed improvements, including probable costs of implementation. This information will assist the Parks Department and the Consultant in finalizing design parameters and scope of improvements in relation to the available funding.

Once the design parameters and scope of improvements are finalized, the Consultant will proceed with construction documents for the project.

The Missioii of flie Santa Criiz County Depal-finenf of Parks, Open Space aiid Ciilfiiral Semices is to provide safe, zuell designe and inainfaiiied parks and II wide v a n e f y of recreational and ciilfiiral opportziriifies f o r oiir diverse coiriiniinity

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BOARD OF SUPERVISORS Design Contract for Improvements to Simpkins Family Swim Center Page Two

Agenda Date: April 25,2006

It is envisioned that the construction documents will address improvements to the interior shower/locker rooms, floors in the exterior shower/locker rooms, pool monitoring system for lifeguard pool supervision, enclosing the existing exterior lifeguard station and supply area, carpeting the lobby and hallways, installing automatic door openers on all main doors, re- tiling and waterproofing the floors in the community rooms. Exterior improvements will include the installation of main door awnings, ADA parking improvements, investigating options for repairing the pool deck and enclosing the warm water pool.

The timetable for the design work should take the project through Fiscal Year 2006-2007. Construction would take place in Fiscal Year 2007-2008. Redevelopment Agency funding in the amount of $350,000 in account 61 I 1 34 has been approved and budgeted in Fiscal Year 2005-2006. Subsequent funding for the project has been programmed from the Redevelopment Agency in the amount of $785,000 for Fiscal Year 2006-2007.

It is therefore RECOMMENDED that your Board approve the following actions:

1. Approve the Agreement with Sugimura & Associates Architects in the amount of $1 31,800, which includes a $12,000 contingency for reimbursable charges and miscellaneous design services, to prepare construction documents, see the project through the bidding process and provide construction administration services, and;

2. Authorize the Director of the Department of Parks, Services to sign the Agreement and related documents

Barry C. $amuekcC c, Director \

BCS:RO:bp

RECOMYENDED

/ Susan A. Mauriello County Administrative Officer

Attachment: Agreement, ADM-29

Open Space and Cultural on behalf of the County.

cc: CAO, Auditor-Controller, RDA, Planning, Consultant, Parks

0 7 2 3 COUNty OF S A M A CRUZ

REQUEsr FOR APPROVAL OF AGREEMENT

FRO

BY:

1. SddagreementIsbetwccnthe County of Santa Crum (r>esarbnent/Aolency)

a d Suyimura & Associates Architects, 2155 So Bascom Ave Suite 200, Carnpbell,(~&$@&&l

2.~heagcaentwfl1pravldedesisn services f o r improvements t o the Simpkins - Family Swim Center

3.

4.

5.

6.

Perlodoftheagreementkfrwn Awil 25, 2006 to June 30, 2008 or u n t i l work i s completec

Antkpated Gost Is $131,800 n Fixed Monthly Rate 0 Annudl Rate a N o m EX&

Original contract = $119,800 + contingencies of $12,000 fo r a to ta l o f $131,800 Ranm)cs:

9827 (Index) (SUb 0bjU.t)

611134 Apprqxiations,Rtnrenues art available and are budgeted iri

NOTE: IF APPROPRIATIONS ARE INSUFFICIENT, ATTACHED COMPLETED AU0.74 OR Al ID60

have been antract NO: CD -539 6TZ-Ql encumbered.

w: Auditor-Controller Deputy

A p p o p . h t i O n S a avalbbkand arc not

~ ~~

hq>osal and accounting detail revlewed and approved. It is reanmended that the Board of Supervisors approve the agreement and authorize

the Director o f Parks (DepWAgency Head) tD execute on behalf of the

( Dqmtment/Age,ncy) County o f Santa Cruz

Date: q-13- QA By: County ~drn~nisbat~ve Offjce /

Distrtbutbn: Board of Supervisors - White Audttor Controller - Canary Audttot-Contrdb - Pink Department - Gold was a p

wan 2&

ADM -. 29 (8/01) 7ltk I, %tion 300 Proc MM

AUDITOR-CONTROLLER USE ONLY

$ L TCllO Mltm Oextlption Amount Index Sub ob@

070 1

Contract No. 53469-01

INDEPENDENT CONTRACTOR AGREEMENT FOR CONSULTANT SERVICES

THIS CONTRACT is entered into this 25th day of April 2006, by and between the COUNTY OF SANTA CRUZ, hereinafter called COUNTY, and SUGIMURA & ASSOCIATES ARCHITECTS, hereinafter called CONSULTANT. The parties agree as follows:

1. Per the scope of work defined in Exhibit A CONSULTANT’S proposal, CONSULTANT shall provide: design services for improvements to the Simpkins Family Swim Center located at 979 17‘h Avenue, Santa Cruz, California 95062, APN 27-241-04,06,09 and APN 28-251-12. The work includes the following phasing sequence. Phase A. Preliminary Efforts- including global review of the project to evaluate the feasibility of the work in comparison to the cost and schedule to implement. Phase B, Construction Document Preparation- including the final preparation of the Bid Documents (Plans and Technical Specifications) and final Estimate of Probable Construction Costs. This phase includes the coordination and assistance to prepare for bidding and during the bidding process. Phase C. Construction Phase- including construction administration of the work during construction and implementation. Phase D. Feasibility Study- consists of the research and analysis of the various options and of identifying all that will be required to install a pool enclosure, including costs and time line.

DUTIES.

In providing services under this Agreement, the CONSULTANT will endeavor to perform in a manner consistent with the degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances.

2. COMPENSATION. In consideration for CONSULTANT accomplishing said result, COUNTY agrees to pay CONSULTANT as follows: Payment not to exceed $131,800. This total includes the scope of work identified in CONSULTANT’S proposal Exhibit A for compensation in the amount of $1 19,800, plus a contingency of $1 2,000 for reimbursable charges and miscellaneous design services.

All requests for payment shall be submitted to the County of Santa Cruz Department of Parks, Open Space and Cultural Services, 979 17fh Avenue, Santa Cruz, California 95062. Payment requests must include a hard copy detailed invoice, the Department’s Application For Payment Form, and be approved by COUNTY’S project manager. Services must be billed in accordance with CONSULTANT’S Proposal itemizations, Exhibit A, and fee schedule. Such requests for payments may be submitted on a minimum interval of thirty (30) calendar days for work completed.

3. TERM. The term of this contract shall be until June 30, 2008, or until work is completed.

This Agreement may be extended and/or amended for scope of work upon mutual agreement by both parties.

4. time by giving thirty (30) days written notice to the other party.

EARLY TERMINATION. Either party hereto may terminate this contract at any

5. USE OF DOCUMENTS. Plans and/or documents prepared under this

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Agreement and provided to COUNTY shall become the property of COUNTY. CONSULTANT may use such plans and/or documents for the purpose of illustrating the nature and scope of project involvement. COUNTY understands that such plans and/or documents are to be used for this project only and that any future use would be at the sole risk of COUNTY.

6. CONSULTANT’S COST ESTIMATE. CONSULTANT shall provide COUNTY a construction cost estimate which reflects th m st current industry costs, if and only if, this paragraph is initialed by CONSULTANT and C O U N T Y W / R F !

7. If authorized by COUNTY, CONSULTANT will provide additional services (those provided beyond the basic services and contract contingency as described herein), which shall be paid for in accordance with the CONSULTANT’S fee schedule as set forth in Exhibit A. The additional services, if required, shall be authorized through the issuance of a contract amendment.

ADDITIONAL SERVICES.

a. CONSULTANT shall indemnify, defend, and hold harmless COUNTY (which for the

purpose of paragraphs 8 and 9 shall include its officers, agents, employees, and volunteers) from and against:

INDEMNIFICATION FOR DAMAGES, TAXES AND CONTRIBUTIONS.

A. Any claims, demands, losses, damages, defense costs, or liability or nature to the extent caused by the design professional’s negligent acts, errors or omissions in the performance of professional services under this Agreement and those of his subconsultants, which COUNTY may sustain or incur or which may be imposed upon it, as a result of, arising out of, or in any manner connected with, CONSULTANT’S performance under the terms of this Agreement, excepting any liability arising out of the sole negligence of COUNTY. Such indemnification includes any damage to the person(s), or property(ies) of CONSULTANT and third persons.

B. Any and all Federal, State and Local taxes, charges, fees, or contributions required to be paid with respect to CONSULTANT and CONSULTANT’S officers, employees and agents engaged in the performance of this Agreement (including, without limitation, unemployment insurance, social security and payroll tax withholding).

9. CONSULTANT, at its sole cost and expense, for the full term of this Agreement (and any extensions thereof), shall obtain and maintain at minimum compliance with all of the following insurance coverage(s) and requirements. Such insurance coverage shall be primary coverage as respects COUNTY and any insurance or self-insurance maintained by COUNTY shall be excess of CONSULTANT’S insurance coverage and shall not contribute to it.

INSURANCE.

If CONSULTANT utilizes one or more subconsultants in the performance of this Agreement, CONSULTANT shall obtain and maintain Independent Contractor’s Insurance as to each subconsultant or otherwise provide evidence of insurance coverage from each subconsultant equivalent to that required of CONSULTANT in this Agreement, unless CONSULTANT and COUNTY both initial here

I . A.

-- Types of Insurance and Minimum Limits

(1) Workers’ Compensation in the minimum statutorily required coverage amounts. This insurance coverage shall not be required if CONSULTANT has no employees and certifies to this fact by initialing here

(2) Automobile Liability Insurance for each of CONSULTANT’S vehicles used in the performance of this Agreement, including owned, non-owned (e.g. owned by CONSULTANT’S employees), leased, or hired vehicles, in the minimum amount of $500,000 combined single limit per

0703

occurrence for bodily injury and property damage. This insurance coverage shall not be required if vehicle use by CONSULTANT is not a material part of performance of this Agreement and CONSULTANT and COUNTY both certify to this fact by initialing here I .

(3) Comprehensive or Commercial General Liability Insurance coverage in the minimum amount of $1,000,000 combined single limit, including coverage for: (a) bodily injury, (b) personal injury, (c) broad form property damage, (d) contractual liability, and (e) cross-liability.

Wk, if, B.

Made” rather

(4) and only if, this subparagraph is initialed by CONSULTANT and COUNTY

Professional Liability Insurance in the minimum amount of $1,000,000 combined

Other Insurance Provisions

(1 1 If any insurance coverage required in this Agreement is provided on a “Claims than “Occurrence” form, CONSULTANT agrees to maintain the required coverage for a

period of three (3) years after the expiration of this Agreement (hereinafter “post- agreement coverage”) and any extensions thereof. CONSULTANT may maintain the required post-agreement coverage by renewal or purchase of prior acts or tail coverage. This provision is contingent upon post-agreement coverage being both available and reasonably affordable in relation to the coverage provided during the term of this Agreement. For purposes of interpreting this requirement, a cost not exceeding 100% of the last annual policy premium during the term of this Agreement in order to purchase prior acts or tail coverage for-post agreement coverage shall be deemed to be reasonable.

(2) All required Automobile and Comprehensive or Commercial General Liability Insurance shall be endorsed to contain the following clause:

The County of Santa Cruz, its officials, employees, agents, and volunteers are added as an additional insured as respects the operations and activities of, or on behalf of, the named insured performed under Agreement with the County of Santa Cruz.

(3) All required insurance policies shall be endorsed to contain the following clause:

This insurance shall not be canceled until after thirty (30) days prior written notice has been given to:

Santa Cruz County Department of Parks, Open Space and Cultural Services Attention: Bob Olson, Park Planner 979 17‘h Avenue Santa Cruz, CA 95062

(4) CONSULTANT agrees to provide its insurance broker(s) with a full copy of these insurance provisions and provide COUNTY on or before the effective date of this Agreement with

i Certificates of Insurance for sent to:

dl required coverages. All Certificates of Insurance shall be delivered or

Santa Cruz County Department of Parks, Open Space and Cultural Services Attention: Bob Olson, Park Planner 979 17‘h Avenue Santa Cruz, CA 95062

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10. EQUAL EMPLOYMENT OPPORTUNITY. During and in relation to the performance of this Agreement, CONSULTANT agrees as follows:

A. CONSULTANT shall not discriminate against any employee or applicant for employment because of race, color, religion, national origin, ancestry, physical or mental disability, medical condition (cancer related), marital status, sexual orientation, age (over 18), veteran status, gender, pregnancy, or any other non-merit factor unrelated to job duties. Such action shall include, but not be limited to, the following: recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training (including apprenticeship), employment, upgrading, demotion, or transfer. CONSULTANT agrees to post in conspicuous places, available to employees and applicants for employment, notice setting forth the provisions of this non-discrimination clause.

B. If this Agreement provides compensation in excess of $50,000 to CONSULTANT and if CONSULTANT employees fifteen (1 5) or more employees, the following requirements shall apply:

(I) CONSULTANT shall, in all solicitations or advertisements for employees placed by or on behalf of CONSULTANT, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, national origin, ancestry, physical or mental disability, medical condition (cancer related), marital status, sexual orientation, age (over 18), veteran status, gender, pregnancy, or any other non-merit factor unrelated to job duties. Such action shall include, but not be limited to, the following: recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training (including apprenticeship), employment, upgrading, demotion, or transfer. In addition, CONSULTANT shall make a good faith effort to consider M i no ri t y NVo m e n/Dis a b I ed- Ow ned Bus i ness E n t e r p r i ses i n CO N S U LTANT’ S so I i ci t a t i o n of g oods a nd services, definitions for MinorityNVomenlDisabled-Business Enterprises are available from County of Santa Cruz General Services Purchasing Division.

(2) CONSULTANT shall furnish COUNTY Affirmative Action Office information and reports in the prescribed reporting format (PER 4012) identifying the sex, race, physical or mental disability, and job classification of its employees and the names, dates, and methods of advertisement and direct solicitation efforts made to subcontract with MinorityNVomenlDisabled Business Enterprises.

(3) In the event of CONSULTANT’S non-compliance with the non-discrimination clauses of this Agreement or with any of the said rules, regulations, or orders, said CONSULTANT may be declared ineligible for further agreements with COUNTY.

(4) CONSULTANT shall cause the foregoing provisions of this subparagraph 10B to be inserted in all subcontracts for any work covered under this Agreement by a subconsultant compensated more than $50,000 and employing more than fifteen (I 5) employees, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials.

11. INDEPENDENT CONTRACTOR STATUS. CONSULTANT and COUNTY have reviewed and considered the principal test and secondary factors below and agree that CONSULTANT is an independent contractor and not an employee of COUNTY. CONSULTANT is

0 7 0 5

responsible for all insurance (workers’ compensation, unemployment, etc.) and all payroll-related taxes. CONSULTANT is not entitled to any employee benefits. COUNTY agrees that CONSULTANT shall have the right to control the manner and means of accomplishing the result contracted for herein.

PRINCIPAL TEST: CONSULTANT rather than COUNTY has the right to control the manner and means of accomplishing the result contracted for.

SECONDARY FACTORS: (a) The extent of control which, by agreement, COUNTY may exercise over the details of the work is slight rather than substantial; (b) CONSULTANT is engaged in a distinct occupation or business; (c) In the locality, the work to be done by CONSULTANT is usually done by a specialist without supervision, rather than under the direction of an employer; (d) The skill required in the particular occupation is substantial rather than slight; (e) CONSULTANT rather than COUNTY supplies the instrumentalities, tools, and work place; (9 The length of time for which CONSULTANT is engaged is of limited duration rather than indefinite; (9) The method of payment of CONSULTANT is by the job rather than by the time; (h) The work is part of a special or permissive activity, program, or project rather than part of the regular business of COUNTY; (i) CONSULTANT and- COUNTY believe they are creating an independent contractor relationship rather than an employer- employee relationship; and (j) COUNTY conducts public business.

It is recognized that it is not necessary that all secondary factors support creation of an independent contractor relationship, but rather, that overall there are significant secondary factors which indicate that CONSULTANT is an independent contractor.

By their signatures to this Agreement, each of the undersigned certifies that it is his or her considered judgment that CONSULTANT engaged under this Agreement is in fact an independent contractor.

12. consent of COUNTY.

NON-ASSIGNMENT. CONSULTANT shall not assign the Agreement without the prior written

13. ACKNOWLEDGMENT. CONSULTANT shall acknowledge in all reports and literature that the Santa Cruz County Board of Supervisors has provided funding to CONSULTANT.

14. RETENTION AND AUDIT OF RECORDS. CONSULTANT shall retain records pertinent to this Agreement for a period of not less than five (5) years after final payment under this Agreement or until a final audit report is accepted by COUNTY, whichever occurs first. CONSULTANT hereby agrees to be subject to the examination and audit by the Santa Cruz County Auditor-Controller, the Auditor General of the State of California, or the designee of either for a period of five (5) years after final payment under this Agreement.

15. claims arising out of or related to this Agreement shall be made in accordance with the provisions contained in Chapter 1.05 of the Santa Cruz County Code, which by this reference is incorporated herein.

PRESENTATION OF CLAIMS. Presentation and processing of any or all

16. initialed by COUNTY .

LIVING WAGE. This agreement is covered under Living Wage provisions if this section is

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This Agreement is subject to the provisions of Santa Cruz County Code Chapter 2.122, requiring payment of a living wage to covered employees. Non-compliance during the term of the contract will be considered a material breach and may result in termination of the Agreement or pursuit of other legal or administrative remedies.

If a contract for covered services in excess of $50,000 is terminated prior to its expiration, any new contract with a subsequent contractor for the same services must include this term:

CONTRACTOR shall make best efforts to offer employment to qualified employees of the prior contractor for the performance of this contract. Such efforts shall not be required in regard to employees who are (1) exempt under the Fair Labor Standards Act, (2) family members of the prior contractor, (3) employed by the prior contractor for less than six months, or (4) convicted of a job-related or work place crime. Upon request by COUNTY, CONTRACTOR shall demonstrate to COUNTY that good faith efforts have been made to comply with this provision.

17. ATTACHMENTS. This Agreement includes the following attachments: Exhibit A - Consultants Proposal; which is hereby incorporated into this Agreement.

IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first above written.

IMURA & ASSOCIATES COUNTY OF S

Telephone: 408-879-0600 Fax: 408-377-6066

APPROVED AS TO INSURANCE: APPROVED AS TO FORM:

County Counsel

DISTRIBUTION: CAO, Auditor, County Counsel, Risk Management, Parks, Consultant

designagree

Exhibit A Sugimura & Associates Architects

Architecture 0 Planning Interiors Landscape Architecture

2155 So. Basmm Ave., Suite 200 Campbell, CA 95008

408 I 879-0600 Fax 408 / 377-6066

E-mail: SAAQ sugimura.com Website: www.sugimura.com

Principals Gene M. Sugimura, AIA Reed C. Grandy, ASIC

Christopher B. Clancy, AIA

Associates Susan M. Landry, ASLA Mirella Sion, Assoc. AIA

0707

March 24,2006

County of Santa Cruz Parks, Open Space and Cultural Services 979 17th Avenue Santa Cruz, CA 95062-4170

Attn: Bob Olson, Park Planner

Re: Simpkins Family Swim Center ImprovementsrCTpgrades

Dear Bob: As requested we are pleased to submit our Fee Proposal and Scope of Work to you for review and approval. This Proposal is based on the “prioritized” listing of the work tasks received at our last site/project walkthrough with you and Barry, and the Scope of Work outlined below.

SCOPE OF WORK:

The Scope of Work includes only the items identified as Priority A & B, however, it is anticipated that our initial PEdirniilary Cost Estimate will include the Priority items A, B, & C, to identify what each of these three categories of work might cost? We do include investigation time to explore the “fixes” & estimatgs for C items, but unless they can be incorporated within the Project Budget, they will be excluded in the final CD phase. We do not include the single Priority D item as requested. The Parks Dept List of Priorities (2 pages), received at the 3/09/06, meeting is attached at the back of this Proposal for reference.

a

We have categorized the overall Scope of Work into four (4) Phases:

A.

B.

C.

Preliminary Efforts - this is the initial global review of this project to evaluate the feasibility of the work in comparison to the cost and schedule to implement. CD Preparation - consists of the final preparation of the Bid Docurents and final Estimate of Probable Construction Cost. This phase includes the coordination and assistance to prepare for Bidding and during the Bidding. Construction Phase - our construction administration of the work during construction and implementation.

Page 1 of 4

0 7 0 8

D. Feasibility Study - includes the research & analysis of the various options and of identifying all that will be required to install a Pool Enclosure, including costs and time line.

EXCLUSIONS TO SCOPE OF WORK:

1. Structural, Civil, Geotechnical, Specialty Consultants 2. Priority C & D items are not included in the final CD’s 3. All ADD Services reported will be subject renegotiations 4. Value Engineering and Constructability efforts or

meetings 5. Weekly site meetings during construction

FEE PROPOSAL:

Preliminary Efforts:

1. Scope Definition (with priorities); existing conditions survey (including review of as-builts); development of estimate of final Scope; preparation of drawings backgrounds, etc.

2. Meeting(s) to review all tasks to finalize Scope of Work and Estimated Project Budget.

Gene (Principal in Charge): 24 hrs x $175/hr $ 4,200.00 Jim (Project Architect): 136 hrs x $lOO/hr $13,600.00 CAD Drafter: 40 hrs x $ 75/hr $ 3,000.00

Total Prelims: $20,800 .OO

Construction Documents Prep, Plan Chk’g, Est. Update: includes submittal to Bldg Dept, Review Comments Pick Up.

PIC: 8 hrs $ 1,400.00

CAD Drafter: 60 hrs $ 4,500.00 Sub tot a1 : $27,900.00

PA: 220 hrs $22,000.00

Electrical Engineer Priority A:

Mechanical Engineer Priority A:

$ 8,500.00

$ 8,000.00 Priority B: $ 5,500.00 $14,000 .OO

Page 2 of 4

0 7 0 9

Priority B: $14,000.00 $22,000.00 Cost Consultant $ 5,500.00

Total CD’s Phase: $69,400.00

Construction Administration: (26 weeks/6 months estimated)

PA: (6.5hrslwk) 170.0 hrs CAD Drafter: 16.0 hrs

Subtotal:

Electrical Engineer: Mechanic a1 Engineer:

Total CA Phase:

Feasibility Analysis & Research - Pool Enclosi

PIC: 8.0 hrs PA: 40.0 hrs

Subtotal :

Pool Consultant: Allowance Electrical Engineer Allowance Mechanic a1 Engineer: Allowance

Subtotal:

Total Feasibility Study:

Total Fee Proposal:

Reimbursable Expenses: for travel, reproduction CAD Plots, Special Deliveries, etc.

re -

$17,000.00 $ 1,200.00 $18,200.00

$ 2,500.00 Included in above

$20,700 .OO

$ 1,400.00 $ 4,000.00 $ 5,400.00

$ 1,500.00 $ 1,000.00 $ 1,000.00 $ 3,500.00

$ 8,900.00

$119,800.00

cost plus 10%

Page 3 of 4

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ESTIMATED PROJECT SCHEDULE:

Preliminary Efforts:

CD Preparation, etc:

Bidding & Award: 4.5 weeks

Construction Period: 26.0 weeks/6 months

Feasibility AnalysisRool Enclosure Report 2.0 weeks plus mtg

Total Estimated Project Timeline: 11.5 months

8.5 weeks with meetings

8.0 weeks with meetings

@c41;99

Gene . S im a,A.I.A. senior Prink paiJ Sugimura & Associates Architects

Page 4 of 4

Sugimura & Associates Architects

Architecture . Planning Interiors Landscape Architecture

SCHEDULE OF CHARGES Effective January 2006

PERSONNEL CHARGES

Senior Principal

Principal

Project Manager

Landscape Architect

DesignedArchitect

Job Captain

Drafter

Project Coordinators

Administration Assistants

2155 So. Bascom Ave., Suite 200 Campbell, CA 95008

408 / 879-0600 F ~ x 408 1377-6066

E-mail: SAA@sugimura.com Website: www.sugimura.com

Principals Gene M. Sugimura, AIA Reed C. Grandy, ASIC

Christopher B. Clancy, AIA

Associates Susan M. Landry, ASLA Mirella Sion, Assoc. AIA

Exhibit A 071 1

$200.00

$ 175.00

$ 140.00

$ 130.00

$ 110.00

$85.00

$75.00

$70.00

$50.00

Charges for outside consultants on additional services (i.e., Structural, Electrical or Mechanical Engineers, etc.) are billed at cost plus 10%.

REIMBURSABLE CHARGES: Computed at cost plus 10%.

Special Printing / Reproduction/ CAD Plots/Shipping Charges Attorneys Fees / Special Fees / Permits / Additional Insurance /etc. Long Distance telephone calls Relegrams / Special Delivery Travel Costs: Air, Auto Rental, Lodging, Meals, etc. Auto Travel mileage will be charged at $0.35 per mile.

EXPERT WITNESS TESTIMONY is charged at a minimum of 8 hours at $300.00 per hour.

In the absence of specific arrangements to the contrary, monthly statements will be submitted for work done in the previous month. Payments shall be made promptly. Unpaid accounts exceeding 30 days after the original invoice date without prior approval will be charged 1.5% per month late payment SERVICE CHARGE.

Note: Rates subject to change annually in January.

e/ Exhibit A ~i~~~~~~ & ~~~~~~~~

American Consulting Engineers Electrical, Inc.

300 Orchard City Drive Suite 1606 Campbell, CA 95008 4081370-4640 Fax: 408/370-4646 0 7 1 2

Marchno, 2006

Sugimura & Associates Architects 2155 So. Bascom Ave., Suite 200 Campbell, CA 95008 Att;n: Gene Sugirnura

Subject: Simpkins Family Swim Center Improvements (ACEE Project #26044) Revised

Dear Gene, Thank you for considering American Consulting Engineers Electrical, Inc. (ACEE) for this project. I am pleased to present this proposal to provide our electrical engineering services for the proposed Simpkins Family Swim Center Improvement Project.

Based on our site visit and meeting (3/09/06) regarding the electrical scope of work, the owner has proposed three categories of priorities which are A, B and C (A being the first priority). The intent is to determine what priorities can be included in the construction with the given budget and proceed with design documents upon final determination.

Our understanding of the scope of work is as follows:

A. Electrical Engineering Services:

Basic Design Services (Priority A):

1 .

2.

3.

4.

5.

6.

Remove and reinstall lights to facilitate ceiling repair in the existing Interior Locker and Shower Room.

Remove and replace HVAC units in existing Interior Locker and Shower Room. Investigate and determine if existing circuitry is adequate for new loads.

Remove and reinstall existing receptacles and other electrical equipment to facilitate wall or locker removal in the existing Interior Locker and Shower Room.

Investigate existing PA system if capable of being used for outside monitoring in lobby area. If existing PA system is not recommended for monitoring, ACEE shall provide means to have a remote communication device for lifeguards to respond to supervised swimming pool area. Existing PA system is a “Dukane” and is presently not being used. Provide layout of PA system based on selected layout.

Remove and replace HVAC units in existing lobby area. Investigate and determine if existing circuitry is adequate for new loads.

Remove and reconnect existing automatic door openers in Interior Hallways.

M:WROPOSALS\Sugimura & AssociatesKimpkins Family Swim Center ImprovementspRENISED Proposal.doc

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7. Investigate and recommend if lighting is needed for the proposed awnings located on Building Exterior. Provide layout based on option selected.

Basic Design Services (Priori* B):

1.

2.

3.

4.

Remove and reinstall existing receptacles and other electrical equipment to facilitate wall or locker removal in the existing Interior Locker and Shower Room.

Investigate is existing underground conduits exist in Pool Deck areas to be repaired. Reroute and reconnect existing conduit and wiring to maintain existing electrical equipment.

Investigate options and cost estimate for a Pool enclosure for the Warm Water Pool. Provide design drawings for lighting in the new outdoor enclosure. We expect several explorations of layouts with the architect, which we will have to review the lighting layout and provide cost estimate for review with the owner. The intent is to find a layout that would be within the budget relative to other priority budgets.

Provide Title 24 forms and lighting calculation.

Basic Design Services (Priority C):

1.

2.

3.

4.

Remove and reinstall existing receptacles and other electrical equipment to facilitate wall or locker removal in the existing Interior Locker and Shower Room.

Remove and reinstall existing receptacles and other electrical equipment to facilitate wall or locker removal in the existing Exterior Locker and Shower Rooms.

Remove and replace HVAC units in existing Lobby Offices. Investigate and determine if existing circuitry is adequate for new loads.

Reconfigure existing light switch and controls for Interior Hallway Restrooms. Connect with new motion sensors.

Basic Design Services (Priority D): 1. Provide new receptacles to accommodate additional partition off Hallway in Interior Lobby

Hallways. Reroute existing receptacle circuitry as needed to accommodate new separate space.

2. New addition of walls in the staff area. Provide lighting, receptacles, data and intercom system.

3. Provide Title 24 forms and lighting calculation.

Proiect Phases:

1. ACEE shall provide electrical drawing documents in several phase based on the architect’s Prime Agreement with Owner. The following phases are as follows:

a. Schematic Design Phase (Electrical Design) M:WROFQSALS\Sugimura & Associates\Simpkins Family Swim Center Improvements-REVISED ProposaLdoc

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b. Design Development Phase (Electrical Design)

c. Contract Document Phase (Electrical Design)

2. In the event the project requires a redesign of the electrical based on substantial changes, our office will request for additional services upon the client’s review and approval.

B. Construction Support & Administration:

1.

2.

3.

4.

5 .

Provide and attend one site visit to assist with main electrical issues and RFIs.

Provide and attend one coordination meetings with planning department for approval. No submittals to be provided to planning committee.

Provide and respond to RFIs and submittals.

Provide and review of shop drawing. Any electrical equipment submitted as a substitution that deviates fi-om the drawing documents may require additional time. In the event review time is unreasonable, ACEE will request additional services upon review and approval fiom Owner.

Final review of completed work by contractor and submit punch list if required for corrections.

C. Deliverables:

1 . We will submit three (3) sets of the final Construction Documents to the architect for their use. Additional copies will be the architect’s responsibility.

2. Provide electronic copies to architect for their use. Architect to forward electronic copies to Owner upon their request. ACEE shall provide additional services in preparing shop drawings for contractor use.

D. ExcIusions:

1. EMS/Security conduit & wiring distribution system.

2. Value Engineering and Constructability efforts or meetings.

3. Design of intercom/PA control panel and infrastructure.

4. Design and extension of fire alarm system.

5. Design of main Data/Telephone/CATV mainframe and infrastructure.

Our proposed fees for this project are as follows:

A. Electrical Engineering Services:

PriorityA PriorityB Priority C PriorityD

$ 8,500 $ 5,500

$ 3,500 $ 2,000

B. Construction Support & Administration: $ 2,500

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Total Engineering Services $22,000

Changes in overall project scope, construction management group engineering/design involvement, construction phasing, value engineering andor substantial revisions during construction document phase will require a revised mutually acceptable fee structure.

Reimbursable normally associated with project (such as printing, special delivery, long distance calls, etc.) will be billed at cost, plus lo%, in addition to our professional fees. The amount of any excise gross receipt’s tax that may be imposed shall be added to the fee listed.

Invoices are due and payable thirty (30) days fiom the statement date of receipt.

The duration of this contract shall be assumed to be 12 months. Should the project exceed this time frame, the consultant’s Compensation shall be equitably adjusted.

In the event the project is suspended or abandoned in whole or in part for more than twelve (12) months, the consultant shall be compensated for all services performed prior to receipt of written notice from the client of such suspension or abandonment, together with all reimbursable expenses then due and all Termination expenses as specified in the termination notice.

If the project is resumed after being suspended for more than twelve months, the consultant’s compensation shall be equitably adjusted.

We trust this is in agreement with your understanding of subject project and meets with your approval. Please sign and return this letter as soon as possible so we may proceed. This proposal is valid for thirty (30) days.

Principal

Accepted:

Gene Sugimura, Senior Principal Sugimura & Associates Architect

Date:

M:WROPOSALS\Sugimura & AssociatesEimpkins Family Swim Center Improvements-REVISED Proposal.doc

I I ~ I L A LUUO ‘T; d 1 r I - 1 rtxiorn tngineers

A AXIOM ENGINEERS SM

CONSULTING MECHANICAL ENGINEERS 300 Orchard City Drive, Suite 160C

Cernpbdl, California 95006 (408)341-1645

FAX (408)341-1649

March 20,2006

Gene Sugimura, AIA Sugimura & Associates Architects 21 55 South Bascom, Suite 200 Campbell, Ca 95008

Exhibit A

2006P077

Re: SIMPKINS FAMILY SWIM CENTER IMPROVEMENTS

Dear Gene:

This ProposaVAcceptance represents the entire understanding between the parties herein with respect to the above referenced project.

We propose to furnish Mechanical Engineering services per the attached Scope of Work on this project to include:

Heating, Ventilating and Air Conditioning Plumbing Fire Protection Sprinkler (basic outline) Bidding Documents Construction Support Services

The proposed fee for this work is separated into three Priority items:

Priority “A” (Interior Locker and Shower Rooms)

Review Mechanical record drawings to determine type, size and location of existing mechanical systems.

0 Attend two (2) design review meeting Perform one site survey to determine mechanical system@) operation. This would include opening up ceilings to view existing ductwork to determine condition and may require the assistance of a balancing contractor equipped to check actual system balancing and operation.

Axiom Engineers SM is a Service Mark of Axiom Engineers, Inc., a California Corporation doing business as Lee & Associates

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P - 3

Gene SugimurdSugimura & Associates Architects March 20,2006 . . . Page 2 . . . File #2006P077

Re: SlMPKlNS FAMILY SWIM CENTER IMPROVEMENTS

Prepare plans and specification to adjusvrepair andlor replace existing system(s) to correct present HVAC conditions Indicate battery operated sensor flush valves on watier closets and urinals Replace existing lavatory faucets with battery operated sensor faucets

I

. * Priority “B” ( I Warm Water Pool Enclosure)

Indicate new roof mounted HVAC system of size andj capacity for the designated area configuration (Exterior Lifeguard Sthtio n)

0 Title 24 Calculations Indicate dehumidification system and/or ventilating systern(s) serving warm water pool area within enclosure

0 Route natural gas to new HVAC unit locations lndicate drain lines from new equipment lacations

0 Extend fire protection system to new areals) 0 Attend two (2) design review meetings

Priority “C” (Exterior Locker and Shower Roomshterior Hallway Restrooms)

Indicate battery operated sensor flush valves on water closets and urinals 0 Replace existing lavatory faucets with battery operated sensor faucets o Review existing exterior locker and shower mom heating and ventilating

system(s). Recommend andlor indicate heating ventilating system suitable for the existing area configuration One (1) design review meeting

Priority “A’’ EIGHT THOUSAND DOLLARS ($8,000.00), plus any out-sourced materials and service plus 10% markup.

Priority ‘‘8” SIXTEEN THOUSAND DOLLARS ($4 6,OOO.OO), plus any out-sourced materials and service plus 10% markup.

Priority “C“ SIX THOUSAND DOLLARS ($6,000.00), plus any out-sourced materials and service plus 10% markup.

Bidding and Construction Support Services (Performed separate!y on a time and expensed basis)

Answering bid and construction questions from contractor, 0 Review of contractor submittals 2nd shop drawings

AXIOM ENGINEERS SM CONSULTING MECHANICAL ENGINEERS

0 7 1 7

251 I Garden Road Suite A 4 4 0 Monterey, California 93940-5376 (831) 6404000 Fax (831) 649-8038 -* *lit

Mar 21 2006 4 : 5 1 P M f l x i r - Engineers P - 4

Gene SugimurdSugimura ti Associates Architects March 20, 2006.. . Page 3 . . . File #2006P077

Re: SlMPKlNS FAMILY SWIM CENTER IMPROVEMENTS

a Up to three field observations during construction as follows: o One during construction for general installation checking o One at end of project for generation of punch list o One at end of project to back check that punch list items have been

completed Review of final test and balance report

Additional Services

The following will be considered additional services and will be subject to renegotiation of this contract or will be tracked separately and billed on a time and expense basis:

Additions to the scope of design or construction support services including additional mechanical systems, enlarging of the floor plan, etc. Time related to Value Engineering, third party construction management and related d rawing modifications.

0 Revisions to floor plans, scope or other design aspects of the project that occur late in the design process and cause redesign or redrafting of mechanical systems which have already been designed and/or drafted.

0 Additional site meetings requested by architectlowner. Addition design coordination meetings. Additional construction support services due to poor contractor performance i ncl u d in g :

o extra submittal review time caused by repeated incomplete and/or incorrect submittals

o Additional field visits or redesign caused by poor contractor planning or construction mistakes.

Billing will be on a monthly basis and payment is due net thirty (30) days from date of invoice, unless other arrangements have been made in writing in advance .

The above-proposed fee does not include fees assessed by parties. In the event of litigation arising out of this agreement, the prevailing parties shall be entitled to reasonable attorney's fees and court costs. Our standard Terms and Conditions of Offer as attached are incorporated into this ProposaVAcceptance.

Please indicate your acceptance of this proposal by signing this letter and returning the same to our office, retaining the copy for your records.

AXIOM ENGINEERS SM. CONSULTING MECHANICAL ENGINEERS 251 1 Garden Road Suite A-I40 Montemy, California 93940-5376 (831) 649-8000 Fax (831) 649-8038 ,

w

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Gene SugimudSugimura & Associates Architects March 20,2006. . I Page 4 . . I File #2006P077

Re: SIMPKINS FAMILY SWIM CENTER IMPROVEMENTS

P o 5

071 9

We appreciate this opportunity to be of service.

Cordially, Accepted:

AXIOM ENGINEERS'~ Sugimura & Associates Architects

By:

MANAGER Dated:

RJPIsjm

Rate Sheet Terms & Conditions (Please initial each page and return)

Copy: Jeff Meade, PE

AXIOM ENGINEERS COfWJLTlNG MECHANICAL ENGINEERS 251 1 Garden Road Suite A-240 Monterey, Calibrnia 93940.5376 (631) 649-8000 Fax (831) M9-8038

4 0 8 3 4 1 1 6 4 9

Gene SugimutdSugimura & Associates Architects March 20,2006. . . Page 5 . . , File #2006P077

Re: SlMPKlNS FAMILY SWIM CENTER IMPROVEMENTS

2006 RATE SHEET

PRINCIPAL

DEPARTMENTIBRANCH MANAGER

ASSOCIATEEENIOR PROJECT ENGINEER

SENIOR ENGINEER PROJECT ENGINEER PROJECT MANAGER

ENGINEER Ill ENGINEER II ENGINEER I

SENIOR DESIGNER DESIGNER Ill DESIGNER I I DESIGNER I

CADD NETWORK CONSULTING

ENGl NEERING TECHNICIAN CADD I l l CADD I I CADD I

ADMINISTRATION

$1 50.00

$1 40.00

$1 27.50

$1 20.00 $1 17.50 $117.50

$1 05-00 $lOO.OO $ 95.00

$105.00 $100.00 $ 95.00 $ 90.00

$1 10.00

$ 85.00 $ 80.00 $ 75.00 $ 70.00

$ 70.00

Expires 133 I /06

AXIOM ENGINEERS CONSULTING MECHANICAL ENGINEERS 251 1 Garden Road Suite A-I40 . Monterey, California 93940-5376 (831) 649-8000 Fax (831) 649-8038

P . 6

0720

Exhibit A

0721

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I . 3 I . I

D

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0722

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