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10-002 Hill Associates, Landscape Services, Scenic Circle Trail and BridgeAGREE~VIENT CITY OF CUF'ERTINO (~ 10300 Torre Avenue a Cupertino, CA 95014 408-777-3200 NO. ~ ~~~ BY THIS AGREEMENT, made and entered into this 11th day of January, 2010, by and between the CITY OF CUPERTINO (hereinafter referred to as CITY) and Hill A;:sociates; Address: 479 N.Santa Cruz Avenue, Los Gatos, CA 95030, Phone: 408-395-2'165 (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: Landscape Architectural Services for Scenic Circle Trail Alignment and Bridge Study . EXHIBITS: The following attached exhibits hereby are made part of this Agreement: See Attached Exhibit "A" Proposal TERMS: The services and/or materials furnished under this <~greement shall commence on January 11, 2010 and shall be completed before March 31, 2010. COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: Maximum not to exceed of $'12,000.00, payment to be made on a time and materials basis California Labor Code, Section '177'1 requires the payment of prevailing we~ges 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 pertormance 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 executin43 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 thr: 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: ~ E1VTE~,ED NAME: Terry W. Greene, AIA DEPARTMENT: Public Works This Agreement shall become effective upon its execution b~/ CITY, in witness thereof, the parties have executed this Agreement the day and year first written above. CONTRACTOR: By ~~ Title Y~/~I T) lil, ~/~Z ~~ solacznvnl s CITY OF CUPERTINO: ey Terry W. Greene, AIA, City Architect EXPENDITURE DISTRIBUTION - __ - -RTMENT DAT ~ _ ~ ` t ~190$1~6-70'14 ! ` ~ ~ ~~ i ~~ /u $12,000.00 Y RK DAT ~ ) ` / L~~r~ ~ ~`~L~/ IF~kG~./ / ~~ 1 /go/ 1 U ~ _O _ f / ~ E~:HIBIT A _.~ !Assoc aces Lanc7sc~~e ~.-~'~~,~cTu-~ Pia~n _ January 10, 2010 Mr. Terry Green, AIA Cir}' of Cupertino Public ~X~orks 10300 Torre Avenue Cupertino, CA 95014 Project: Scenic Circle Trail Alignment Alternatives Project Subject: Landscape Architecture Services Proposal Dear Teny: It was a pleasure discussing the Scenic Circle Trail Alignment Alternatix=es Project with }'ou and Gail on Frida}=. Jana Sokale Enviroru-nental Planning ~x'i-11 be assis~ng Hill Associates with this trail aligizment alternatives analysis. I am pleased to submit this Letter of Agreement to prox=ide Landscape Architecture and Environmental Planning Services according to the follo~x~itrg revised Scope of ~X/ork and Compensation: ARTICLE L- GENERAL \X/e understand that the Cit}' of Cuper-rino plans to develop three alternative bicycle/pedestrian trail aligr~nzents to connect the Scenic Circle area to the existing bridge across Stevens Creek. The Altematix=e Alignment project will develop the follo~x%ing: • colored exhibits illustrating each of the three alte~rnatix=es in plan and section- _ • preluninary cost analysis based on current unit costs for reach alternate aligmnem; • a pro and con matrix chart to aid decision makers in evaluating the three alternative alignments. ARTICLE II: BASIC SERVICES Task A. Preliminary Investigation and Review 1. Lyle will attend akick-off meeting with Cit}' Staff (estimated meeting tune, one hour) to obtain additional information and input from various City departments. 2. We xvi]I assemble and rex-iew the existing site data, aerial survey data (pro~-ided by others), and other site information that ma}' be available for the site as supplied b}% Cit}' Staff. 3. We will visit the site in order to identif}' the species of existing trees, confirm the location of other existing features and to photograph existing conditions for use at Public meetings. 4. ty'e will prepare a digital Base Sheet for the project. The Base Sheet will include information contained in the existing site aerial/topographic sun-vey (provided by cthers, if available). Task B. Conceptual Aligxzrnent Alternatives 1. -t}'v'e xx-ill prepare Trail Alignment Concept Draxx-ings =or the three alternatix-e alignments in order to identify associated opportunities and constraints- Tl ese will include: Mr. Terry Green Page 2 of 3 January 10, 2010 i ,~ a. Alignment `A' will start opposite existing Scenc Court and extend to the bridge in a direct 5% sloped route. Tlvs route will be planned to be 8 Eeet wide. b. Alignment `B' will start south of Scenic Cour_, where Scenic Circle bends to the north and gradually descend to the bridge througl-i the Fallen Leaf picnic area. This route u~i71 be planned to be 8 feet wide. c. Alignment `C' will begin at the existing haul road and develop a new monolithic sidewalk or a meandering walkway, wherever feasible, and then follow alignment `B' through the Fallen Leaf picnic area. This route will be planned to be 5 feet wide at a minimum and 8 feet wide at a maximum. d. Cross sectional drawings, elevations and perspective drawings for each of the alignments e. A pros and cons matrix idenrifying opportunities and constraints for reach alternative. The matrix will identify environmental issues (habitat, tree removal, special status species), permitting requirements, proximity to residential dwellings, design and construction costs and alternate construction materials if applicable. f. A materials comparison matrix identif5-ing advantages and disad~*antages for proposed materials. 2. We will prepare a draft Conceptual Cost Analysis for each alternati~>e. 3. We will meet City Staff to present the plans receive input. 4. We w-il.l finalize the plans per City Staff comments. " The Final Alignment Plan will be a high quality, full color 24" x 36" (or size as agreed upon) drawing mounted on rigid board and all other related drawings an3 sketches. tsJe will also provide the City with all relevant graphics and exhibits in digital format (I'DF or JPG). ARTICLE III: ADDIT=TONAL SERVICES Hill Associates has a tradition of honesty and integrity in our approach to project management. tK~e study the project requirements in detail at the beginning to avoid costly Additional Ser~rices. The task of scheduling and budget gill be the responsibility of the Founding Principal, Bruce Hill. Bruce has a proven track record of keeping a project on track using basic busuzess understanding and available project management techniques. The following services are not covered under the Basic Services outlined above. These services shall be provided by the Landscape Architect on the terms and conditions authorized in advance by the City of Cupertino in writing. A. Provide £u-rancial feasibilit}' studies, environmental stv-dies or other special studies not co~-ered under Basic Sere--ices. B. Provide graplvcs and/or copy for sigris. C. Pro~•ide for the serer-ices of professional consultants (other than the Landscape Architect's design teaaz~), at the Client's request, for assistance that does not fall ~z~ithin the scope of Basic Serer-ices. D. Provide study models for additional alternative design. concepts- Mr. Terry Green Page 3 of 3 January 1 O, 2010 ARTICLE IV: COIvIPEIVSATION In the spreadsheet which follows, the separate work tasks required for successful completion of the Landscape Architecture portion of the project are listed 21ong with the corresponding man-hours and labor costs. Each team member is shown with hourl}= billing reties and the total labor cost of their respecri~=e invoh=ement in the project. t~/e have identified a total labor cost for the project of $9,965.00 for Basic Landscape Architecture Services. Excluded are the costs of an}= additional consultants. Th=cost of reproduction, delis=ery and blueprinting services is included in the above fee, (up to ~ 100.00) and will be listed as "Reimbursable Items" on your monthly statement. The figures cited here are a preliminar}= estimate of time and material costs based on judgments about task duration and personnel requirements. Re~-isions may be necessary should contract negotiation occur. Compensation for Additional Sei~=ices shall be for the ac ual professional tune required at our standard hourl}= billing rates, reviewed annuall}=, which are currentl}=: Principal, X150.; Associate, $95-65.; Admin. X45. Ms. Sokale's billing rate is X125. Payments to the Landscape Architect shall be invoiced m.ondnl}= on a tine and material basis in accordance with the rate schedule indicated above, not to exceed X9,965.00. If after reviewing tlne preceding proposal, you find it acceptable and have no further questions, please sign the original copy and return it to our office. Please keep the enclosed copy for }=our records. tX/e will then proceed to meet }=our schedule. Thank you again for offering us this opportunity. Sincerely, (Robert) Bruce Hill, ASLA Principal Calif. Lic. No. 2013 RBH/~*c APPROVED: A' L~\DSCAPE .SRCHITL-CTS ARE REGL'L.'~TL-D BY THE- STATE OF C.4T_IFO1Z\LS. .~.tiY QL'L-ST1ON5 CONCERK~Il~G A LAti DSCAPE .4RCHITL-CT >4.AY BE- REFE-RRL-ll TO THE S Lti DSCi~PL- AR CHITF CTS TECHNIG~L CO:~Z~TITTEE AT: LA\DSG~PE- ARCHITL--CTS TF_CH\IC.4L. CO'vL'~f7T"I'F_F_ 400 R STRL-ET, SUITE 4000 SACR°.AfL-\TO, C.1 (916) 445-4954 Ciry of Cupertino Scenic Circle Bridge Trail Alignment Study HOURS AND RATES SCHEDULE 1- - _.._ - -- -- STAFF: _ _ ~ _ - '' Bruce Hill _-- Dominic 'r Lopez -- Leslie _ McKenna '~ __ Jana Sokale - - TOTAL HOURS PER TASK -_ _ - - TOTAL COST -_ __ PER TASK RATE: $150.00'. $95.001 $65.00' $125.00 '~ Task A: Preliminary Investigation and Review 1 2 Kick Off meeting w/City Staff Review existing site information ~ 1 I 11 ' 1', 1 ~ 2 2 $275.00 $275.00 3 Site visit and photography _ _-- Pre are Di tal Basesheet Erom Aerial Surve - SUBTOTAL HOURS -- Y 4', ',, -6 ~ - ~ '1 --- I i -- - ~~, - - 1 T 6, - G- 4 - i '~, 8 - - -- 6 -- - 18 $1,100.00 - --- $390.00 - SUBTOTAL -COSTS $900.00 $0.001, $390.001 $750.00. Task B: Conceptual Alignment Alternatives $2,040.00 1 Drawings: Prepare Alternative Alignment Concept ' - - a 1 Alignment A -- 1' 3: - 3 --- __ 2, --- - -- 9 $880.00 b '~ Alignment B TI 3 3 2', 9 $880.00 +--- Alignment C - - --~ 1' ~ -- 3 - 3 -._ -- 2 9 --- --- $880.00 -- - / p / ,~ Elevations Pers eaves Cross Sections 2~'1 3 3 2 10 $1,030.00 e ' Pro and Con Chart/Matrix ~ 1 i, ---- 161 17 $2,150.00 f .Materials Comparison Matrix ~I 2i '~ 2 $300.00 2 Prepare Conceptual Cost Analysis ~-- 21 _ '~ 411 ______ 0'~~ 6 - ---_ $560.00 - 3 Team Meeang 1 ~ 1 2 $275.00 4 Revise materials per Ciry input 2 2~ 2'i 21 8 $870.00 SUBTOTAL -HOURS 13 141 18!1 27 72 SUBTOTAL -COSTS - --_ _ - ---- _ --- Y $1,950.00 ~ $1,330.00, ~ $1,170.001 $3,315_00!, -------- $7,825.00 Reimbursable items ~ ' $100.00 1 TOTAL HOURS 19', 14~, 241 33 __-- 90 ----- - --- TOTAL FEES ' $2,850.001, $1,330.00'' $1,560.00'' I $4,125.00 $9,965.00 Hill Associates, Landscape Architecture/Planning of/tt/to