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01-079 MPA Design_ - AGREE=MENT {~~~ ~ 6 j CITY OF CUPERTINO City of ~ ~p 10300 Torre Avenue Cupertino ~~ Cupertino, CA 95014 ~~~0 408-777-3200 NO. !/ ~j BY THIS AGREEMENT made and entered into on the _ J sr day of ~~X~~-~~ 1 ~ ~~l by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Name (1) M ~~ ~~'~~ ~~ (2) Address 5~1 ~ /~1150/!~ S'J: City ~ S Zips Phon~~(S~ So3~ - ye6~ (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: OSc~c= ~'zc',h 1'Tc~`Z.t~~ SL37a...~/ICGSi" Fr~2 I~`dts~ci+! i~91~ ~~1~t/~x.~° EXHIBITS: The following attached exhibits hereby are m~lde part of this Agreement: ~~ per. ~~~ ~.~~~,~~ P~,p~s~-~. c <~P y ~P . s~~~ :~; ~~ ~ TERMS: The services and/or materials furnished under tl-iis Agreement shall commence on ~ ZOO and shall be completed before :5.4 3.7 Z~:.L COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: '~o~}L C~rrt Pc7V Ss9-T1 /Unt, L~Lx.-~*~,. -S~-l.r-'~ '~ ~f ~/, S`c?O 2i i/h ~tcj2„ s/+ts' u:,~ /iY/v; T~ ~~C~~ ~~ '7S v 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 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. Nodiscrimination shall be made in tfie 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 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 authl~rized 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 ~./~ ~~tZZ~ _ DEPARTMENT ~u-6L,t~, ~J/~~ This Agreement shall become effective upon its execution Icy CITY, in witness thereof, the parties have executed this Agreement the day and year first written above. CONTRAC CITY OF C~UP~ERTINO: BY E3y !~~'~/ Title l~itle ~v ~-' S APPROVALS„ EXPENDITURE DISTRIBUTION DEPAR T, D DATE ~ ACCOUNT NUMBER AMOUNT ~'~ y ~ ~i ~~O ~- ~~1 l - ~s-- CITY LERK AT /6 3o Ol '~ U CITY CLIaRK COPY M PA Design L.irnLc.iF~~ .-\r~hi[~ce. .FIB \I~i.~n1 ~rrrrr in.l Url~;u, [~c,i~nrr, :inn Fain; i,c~,. ('.~ '~41~`Z-l ~ I~~ .F I ~ -}3-}--}66~ F.AX ~}I ~ ~ i~}--}hb~ September 30, 2001 Bob Rizzo City of Cupertino 105» Mary Avenue Cupertino, CA 95014 Subject: Wilson Park Restroom Building Replacement and Children's Playground [mprovements Project Landscape Architectur~~l Services Dear Bob: We would be pleased to provide lands~~ape architectural services for the Wilson Park Restroom Building Replacement and Children':; Playground Improvements Project located in Cupertino, CA. We understand the scope of work includes renovation of the children's playground in the north east corner of the park and replacement of the existing restroom building with a new pre-fabricated restroom building. During a site walk on 8/29/01, the preliminary discussion of the renovation of the children's playground included: new rubber slopec. mound with embankment style slide at the center, a fenced tot lot area, renovation of the crumbling asphalt path, a larger children's slide, renovation/reconstruction ofthe asphalt slopes at the upper end of the pathway, removal of remnants of the old wooden play structures, or renovation of remnant wood poles into new play use, incorporation of existing boulders in the design. Alternative concepts discussed for the center of the circle included a duck pond and/or a rose garden. The City's overall budget is approxim~.tely $430.000 which after removal oftheCity's in-house engineering costs, design fees and construction contingency leaves a $267,500 construction budget. -The proposed schedule is for the design phase in September/October 2001 with a Parks -Commission/Community Meeting on Thursday, October 4, 2001, followed by construction period _ from December, 2001 through spring 2002: Bob Rizzo September 30, 2001 2 The City's preference is to bid the Vililson Park Improvements and Portal Park Playground Improvements Projects together, and ~~onstruct them simultaneously. During discussions, the city indicated partial renovation of the existing community center may desired, but the full scope was not decided, and t:ais proposal does not include that work. Also, no new site lighting is included in the proposal. In this proposal, the words "Client" or "Architect" refer to City of Cuperino and the words "Consultant" or "Landscape Architect" r°fer to N1PA Design, a California Corporation, 414 Mason Street, San Francisco, California, 94102. SERVICES A. Schematic Design Based on a mutually agreed to program and order of magnitude construction budget prepare two :schematic landscape plan alternatives showing restroom building location acid access, playground renovation and access, planting, hardscape and con~;eptual landscape grading. Note extend of irrigation modifications. 2. Prepare estimate of construction cost for each alternative. 3. Prepare color ren~jered plan alternatives for presentation at Parks Commission/Community review meeting October 4, 2001. 4. Commission a site :survey by a registered surveyor for the two areas under renovation for purp~~se of setting proposed building finish floor elevation, establishing ADA ~.ccess routes and as background survey for proposed improvements. B. Design Development Based on approved schematic plan and construction budget, prepare .design development drawing(s) showing: Conceptual Grading Plan 2. Site Plan a. Locate Restroom Building and access pathways. Bob Rizzo September 30, 2001 b. Show plant material types and locations. c. Note extent o:.' irrigation renovation, and description. d. Further develop hardscape. 3. Prepare estimate of probable construction cost. 4. Attend one Parks Commission/Community review meeting. C. Contract Documents Based on approved design development drawings and construction budget prepare construction drawings and specifications. 1. Working Drawings a. Site Demolition Plan. b. Grading Plan -~ establish finished grades for work within the consultants scope of work:. I. Provide ADA access to new restroom building and renovated playground. c. Dimension Plan -located proposed pre-fabricated restroom building on plan. I. Provide: ADA access rcute to pre-fabricated restroom building. II Tie any landscape surface drainage to existing storm system. II Show pre-fabricated restroom building with notes to connect utilites from old restroom building to new building fixtures according to building; manufacturer's instructions. Submittal of shop drawings by contractor will be required, for City review of utility connections. (Engine;ering for utilities is not included in this proposal) d. Planting Plan and Details Bob Rizzo September 30, 2001 e. Irrigation Plan and Details 4 f. Building utilities: Mechanical, Electrical and Civil Engineering by others. g. Hardscape/co~istruction details 2. Specifications: technical sections for work designed by the consultant. a. Necessary bidding information, General Conditions of the Contract, and Supplementary General Conditions of the Contract per City of Cupertino Standard Format. D. Construction Consultation 1. Site Visits: The Landscape Architect shall visit the site at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the work and to determine in general if the work is proceeding in accordance with the contract documents. (Construction consultation and site visits shall be billed on an hourly basis according to the attached Hourly Rate Schedule.) 2. MPA to attend ten vi:>its including: pre-construction meeting, one nursery visit to review plant materials prior to delivery to the site, construction review meetings, site observation meetings, punch list and final review. 3. Review submittals ;end shop drawings. II. COMPENSATION A. For Sections A, B and C professional services, the Landscape Architect shall be paid a lump sum of $44,500 plu:~ reimbursables at cost plus 10% to a maximum of $6,750*. B. The following direct project costs to the Landscape Architect will be reimbursed at cost plus 10% above the lumF~ sum. 1. Printing, reproduction 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 Bob Rizzo September 30, 2001 7. Surveyor* ($3,500 allowance) * Surveyor fee is an allowance, which will be adjusted based on actual surveyor's fee. III. PAYMENT A. Monthly invoices shall be s abmitted by the Landscape Architect based upon percentage of work completed durin; the month. Monthly invoices shall not exceed the following percentage amounts until the particular phase is accepted by the ~~lient. Schematic Design Phase 15% $6,675 Design Development Ph~ise 20% 8,900 Contract Document Phase ~0% 22,250 Construction Consultation Phase 15% 6.675 Total Fee 100% $4,500 Surveyor allow $3,500 Reimbursables $3,250 B. Payment shall be due from the Client within 30 days of receipt of the invoice. 1.3% interest per month will bf; applied to balances unpaid after 30 days. IV. LANDSCAPE ARCHITECT'; ADDITIONAL SERVICES The following services cause the Landscape Architect extra expense. If any of these services are authorized by the Client they shall be reimbursed to the Landscape Architect at the attached billing rates unless otlierwi.se indicated. A. Revising previously appro~~ed drawings, construction budgets, and/or specifications to accomplish budget reductions and/or design changes requested by the Client. B. Preparing documents for alternate bids or change orders initiated by the Owner. C. Arranging for work to proceed should the Construction Contractor default due to delinquency or insolvency. D. Additional public agency or citizen participation meetings. Bob Rizzo September 30, 2001 6 E. Preparing documents for more than one phase of construction, including the fast tracking of a single construction pro j ect if it requires issuing of contract documents for bidding at separate times. F. Record as-built drawings. G. Models, professional renderings or photo montages. H. Renovation of the Community Center Building. I. Hazardous materials surve:;~ of existing buildings and/or hazardous materials disposal plans and specifications. J. Civil, Mechanical and Electrical engineering design for pre-fabricated restroom building. V. ITEMS SUPPLIED BY THE CLIENT The Client shall supply the Landscape Architect with the following prior to the Landscape Architect's commencing work ~~pon which said information is based. A. An up-to-date, accurate topographic survey, on AutoCAD, of the existing site which also shows existing utilities, adjacent street grades, underground utilities and site boundary information. If existing trees 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 neat to tree trunk and type of tree. This proposal includes a reimbursable allowance for a new survey, which may be adjusted based on surveyors actual fee. B. Soils report or if required, laboratory analysis of topsoil, water, sanitary, or other materials. VI. WORK NOT INCLUDED A. Contract Document Phan:: 1. Site- utilities such as water, gas and electrical service 2. Storm drainage and Sanitary System plans 3. Site lighting plan _ 4. Site graphics 5. Parking lots and roads 6. Water features Bob Rizzo September 30, 2001 B. Permit fees for City subrlittals. 7 We hope this proposal meets the requirements anticipated for the Wilson Park Restroom Building Replacement and Children's Playground Improvements Project. Ifwe can clarify or discuss any item with you further, please do not hesitate to contact me. Yours very truly, MPA Design ~ ` I~'~ v Michael Painter David W. Nelson President Principal Cupertino Wilson.wpd Bob Rizzo 8 September 30, 2001 Following is the hourly rate schedule :hat will be in effect from January 1, 2001 to December 31, 2001. BILLING RATES Rate per Hour Principal (President) $150.00 Principal/Vice Presiders: 120.00 Principal 105.00 Associate 90.00 Project Manager/Senior Designer 80.00- 85.00 Intermediate Staff/CAD Operator 6.00- 70.00 Word Processors Sr./Jr. Staff 60.00 Word Processors Jr./Clerical 46.00 The following direct prof ect costs to the Landscape Architect will be reimbursed at cost plus 10% above the lump sum or hourly rate rriaximum fee. 1. Printing, reproduction and plotting 2. Freight, postage and delivery 3. Transportation and living expenses 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 approv~il of authorities having jurisdiction over the work In the event of any increase of costs dtie to the granting of wage increases and/or other employee benefits to office employees due to th~~ 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 billing rates for all remaining additional cornpensation following the date of such increase in costs.