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01-049 MPA Design-Portal Park ImprovementsCity of Cut~ertina AGREEMENT CITY OF CUPERTINO /~ 10300 Torre Avenue Cupertino, CA 95014 V 408-777-3200 ,~ ~ 1 J O. 31 381 BY THIS AGREEM~c ee and entered into on the c18 day of ~~L 1~i 2~3 by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Name (1) M P A D&S't bn/ (2) Address Y/YiYI~ySGN ~Sl- CityS~,r ~sca Zip9i~Sro1 Phone~~J 5~3S1-SF66~ (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: CaVS'j'^c.~Ttaiv CoNJU.f:sino~v Phrtar., - .4taD~no~r~t. Set~diac~c' - .r~~ Uts~Ts ~~~ / w~tso~v Pik P2gJc~1' EXHIBITS: The following attached exhibits hereby are m~~de part of this Agreement: As ~, MPA 0~-ztenr s Pnupnr•~ p~~ Apa~~ s7, 2.003 LtapY /kn~tnd.~ TERMS: The services and/or materials furnished under this Agreement shall commence on ~~ ~ ~ S . ZAo~ and shall be completed before ~ ~' ~s Z~,~ COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: Nor' Tv Ej~'v .t' 3, Don. 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 of every nature, including all c~~sts of defending any claim, caused by or arising out of the performance of this Agreement. City shall not be liable for ~~cts 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. Nodiscrimination 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 trlis Agreement is not a contract of employment in the sense that the relation of master and servant exists between City and undersigned. At all times Contractor shall be deemed to bean independent contractor and Contractor is not autf iorized 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 CI"~Y shall be: NAME ~6 ~~-~ DEPARTMENT ~t~c.bGt~', C~.~o~CKS This Agreement shall become effective upon its execution by CITY, in witness thereof, the parties have executed this Agreement the day and year first written above. CONTRACTOR: CITY OF CUPERTINO: By ~ By ~ ~ ~ Title ~ 6~ Title ~iiGz t'~ /y1~4-tl.4~G~~ Soc. Sec # ~~ . ~ • ~ APPROVALS EXPENDITURE DISTRIBUTION DEPART DATE ACCOUNT NUMBER AMOUNT z$ 03 D- g3[~f - [oo s o©D CITY L T - S ~ 3 ~6 3 -~ y __ ~ r CITY CI_ ERK COPY L~~`~ AGREE:MENT ~ ~~~ ~ ~ r CITY OF C~JPERTINO City of ~ 10300Tor~eAvenue Cll ertin0 ' / upertino, CA 95014 Q p V ~ 408-777-3200 NO. ~~ ~~~a BY THIS AGREEMENT made and entered into on the _ 8 day of ~~~ ~ Zoo! by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Name (1) M pA t~c-S IC~~! (2) Address ~/rf II?f~SGI/~l STlZ.~~T City,,.~y F/lA~ce/5tyo ZipQ~l/a7- Phone(SStsJ S/3Y-Y~6f (Hereinafter referred as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as follows: CONTRACTOR shall provide or furnish the following spe~~ified services and/or materials: ~DSc~-~-' A/2 d;1~ i rECT~crza ~. S"ErL 1/rccs; ~e~ ~or2r'q~ P.a-r~~, gs2cp .~~jn°~`-,~i~ EXHIBITS: The following attached exhibits hereby are m~ide part of this Agreement: ~S ~ IM PA 7~'i~nts Pnc,~~',a(~ copy .'~c.-~) g4T~Z, ~~Y fig, z~xu TERMS: The services and/or materials furnished under this Agreement shall commence on '~-~ ZdcU/ and shall be completed before ~[bCt.ST 30. ~or> / _ < , COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: ~~L C:O/~ t'G~CSe~T/ps~ , ~L.t~ ~ ~.5~-Gh'1 ~/Q svO d lZt ~ ~ b u,Q,.s,~ aces tioT ~ c~c~c~-y~ '&i, a~c~ta 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 of every nature, including all costs of defending any claim, caused by or arising out of the performance of this Agreement. City shall not be liable for Picts 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 th is Agreement is not a contract of employment in the sense that the relation 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 ~~ne 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 CI--Y shall be: ~ NAME ~ !~-lZ~ DEPARTMENT ~ir_t~C..[L'r, ~S This Agreement shall become effective upon its execution by CITY, in witness thereof, the parties have executed this Agreement the day and year first written above. CONTRACTOR: CITY OF CUPERTINO: By ~ By ~ Title Title . S~~a ~~ ~~ ~f ~i~h~~'~/ Soc. Sec. # APPROVES EXPENDITURE DISTRIBUTION DEPAR DATE ACCOUNT NUMBER AMOUNT ~/~ m~ y~~ _ ~ - ~ of mop CI CAL K ~ DATE ~ 7 ~le ~ q'//9 ~ n' CITY CLERK COPY MPA Design Larnhe^E~e Architects ^n~l Urhan L~csi~ners May 29, 2001 ~+t~+ ~~:,~,;~~, ~tn~ct ~)~}lQ?-l; I~) ~} I i -} 3~}-~4Gi~~} FA \ ~} I ~ ~} 3+-466 ~ Bob Rizzo City of Cupertino Department of Public Works 10555 Mary Avenue Cupertino, CA 95014 Subject: Portal Park Play Area Improvements Landscape Architectural Services Dear Bob: We would be pleased to provide landscape architectural services for the Portal Park Play Area Improvements located in Cupertino, CA. In this proposal, the words "Client" or• "Architect" refer to City of Cupertino, and the words "Consultant" or "Landscape Architect" refer to MPA Design, a California Corporation, 414 Mason Street, San Francisco, California, 94102. I. SERVICES A. Contract Documents Based on approved concept drawing and construction budget prepare construction drawings and specifications. 1. Working Drawings a. Demolition Plan b. Grading Plan c. Planting Plan .and Details d. Irrigation Plar., and Details e. Handscape/Pla.y EquipmentlLayout Plan ------ - 2. Specifications: technical sections for work designed by the consultant. City - ~ to prepare General Conditions Special Conditions and Bid ~ •~rms. Bob Rizzo May 29, 2001 2 3. Submit drawings for ~~ity review at 50%, 90% and 100% stages. Incorporate city comments prior to submitting next level of work. 4. Prepare estimate of construction cost at 50% submittal. Update estimate at final submittal. II. COMPENSATION A. For the above professional services, the Landscape Architect shall be paid a lump sum of $19,500 plus reimt~ursables at cost plus 10%, not to exceed $1,800.00. B. The following direct project costs to the Landscape Architect will be reimbursed at cost plus 10% above the: lump sum. 1. Printing, reproducti~~n and plotting 2. Freight, postage and delivery 3. Transportation 4. Telephone/fax 5. Photography, photocopying and photoscanning 6. CAD plots and file conversion and distribution III. PAYMENT A. Monthly invoices shall be submitted by the Landscape Architect based upon percentage of work completed during the month. B. Payment shall be due from the Client within 30 days of receipt of the invoice. 1.3% interest per month v~rill be applied to balances unpaid after 30 days. IV. PROPOSED SCHEDULE A. 50% submittal three weeks following receipt of Notice to Proceed B. 90% submittal two weeks C. 100% submittal two weeks D. Final submittal one week V. LANDSCAPE ARCHITECT'S ADDITIONAL SERVICES The following services cause the Landscape Architect extra expense. If any of these services are authorized by the Architect they shall be reimbursed to the Landscape Architect at the attached billing; rates unless otherwise indicated. A. Revising previously approved drawings, construction budgets, and/or specifications to accomplish budget reductions and/or design changes requested Bob Rizzo May 29, 2001 by the Client. 3 B. Preparing documents for alternate bids or change orders initiated by the Owner. C. Arranging for work to proc;eed should the Construction Contractor default due to delinquency or insolvency. D. Additional public agency or citizen participation meetings. E. Preparing documents for more than one phase of construction, including the fast tracking of a single construction project if it requires issuing of contract documents for bidding at separate times. F. Record as-built drawings. G. Models, professional renderings or photo montages. VI. ITEMS SUPPLIED BY THE CLIENT The Client shall supply the Landscape Architect with the following prior to the Landscape Architect's commen~:ing work upon which said information is based. A. An up-to-date, accurate topographic survey of the existing site which also shows existing utilities, adjacent street grades, underground utilities and site boundary information. If existing tr~:es or other plantings are to be retained, the survey plan shall indicate the outer edge of the tree or shrub canopy, trunk location, caliper and spot elevation at grade ne:+ct to tree trunk and type of tree. B. Soils report or if required, laboratory analysis of topsoil, water or other materials. C. Appiicabie architectural and engineering drawings and specifications througl-~out the development of this project. VII. WORK NOT INCLUDED A. Contract Document Phasc;: 1. Site utilities such as water, gas and electrical service, including relocation of utilities inside existing utility room. Proposal assumes existing utilities to remain. 2. Storm drainage plan 3. Site lighting plan 4. Site graphics 5. Water features Bob Rizzo May 29, 2001 B. Permit fees for City submittals. 4 We hope this proposal meets the requirements anticipated for the Portal Park Play Area Improvements project. If I can clarify or discuss any item with you further, please do not hesitate to contact me. Yours very truly, MPA Design i David W. Nelson Principal DWN:cs Bob Rizzo May 29, 2001 5 Following is the hourly rate schedule that will be in effect from January 1, 2001 to December 31, 2001. BILLING RATES Rate per Hour Principal (President) $150.00 Principal/Vice President 120.00 Principal 105.00 Associate 90.00 Project Manager/Senior l;~esigner 80.00- 85.00 Intermediate Staff/CAD C)perator 65.00- 70.00 Word Processors Sr./Jr. Staff 60.00 Word Processors Jr./Clerical 46.00 The following direct project costs to tl~e Landscape Architect will be reimbursed at cost plus 10% above the lump sum or hourly rate maximum fee. 1. Printing, reproduction and plotting 2. Freight, postage and delivery 3. Transportation and living expen,~es when traveling in connection with the work 4. Telephone/fax 5. Photography, photocopying and photoscanning 6. CAD plots and file conversion and distribution 7. Fees paid for securing approval of authorities having jurisdiction over the work In the event of any increase of costs due to the granting of wage increases and/or other employee benefits to office employees due to the terms of any labor agreement, or rise in the cost of living, during the lifetime of this agreement, such percentage increase shall be applied to the above biiiir~g rates for all remaining additional compensaticx~ foii,,wirg the date ofsucr. increase in costs.