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07-016, Bruce Hill, Landscape Architect AGREEMENT ,/\ 7 /' v - ( / f_ '0 BY THIS AGR ENT, made and entered into this 6th day of February, 2007, by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Bruce Hill, Landscape Architect, Address 479 N. Santa Cruz Avenue, Los Gatos, CA 95030, Phone: (408)395-2165, e-mail: hllassoc@aol.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: Rinconada Neighborhood Park Landscape Master Plan prepration CITY OF CUPERTINO 10300 Torre Avenue Cupertino, CA 95014 408-777-3200 NO. ~ s-r- #J..:L. EXHIBITS: The following attached exhibits hereby are made part of this Agreement:: Exhibit "A" proposal TERMS: The services and/or materials furnished under this Agreement shall commence on February 12, 2007 and shall be completed before May 31, 2007. COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: Based on T&M with a maximum not to exceed of $12,000.00 without written authorization > ~~' ~f,lgg~nb~Labor Code, Section 1771 requires the payment of prevailing wages to all workers employed 0: ~c wEorNksTcoEntrRactEinnexcess of GENERAL TERMS AND CONDITIONS -- U 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 W. Greene, AlA DEPARTMENT: Public Works 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. CITY OF CUPERTINO: B~~ - T ry W. Greene, AlA, City Architect EXPENDITURE DISTRIBUTION AT~. L, ;-.., A fill "'" ( 420-9122-9300 DATEc9_7-D7 $12,000.00 EXHIBIT A Hill Associates i.1JI Landscape Ai-chitectut"e Planning February 5, 2007 Ms. Therese Ambrosi Smith Cupertino Parks and Recreation 10300 Torre Avenue Cupertino, CA 95014 Project: Rinconada Neighborhood Park Master Plan Subject: Landscape Architecture Services Proposal Dear Therese: It was a pleasure discussing the Rinconada Park Landscape Master Plan Project with you last week. I am pleased to submit this revised Letter of Agreement to provide Landscape Architecture Services according to the following revised Scope of Work and Compensation: ARTICLE I: GENERAL We understand that the City of Cupertino plans to develop a small neighborhood park on a parcel of land adjacent to the intersection of Barnhardt Avenue and Sterling Blvd. which is planned to be purchased from the San Jose Water Company at a future date. The site has direct neighborhood access from Sterling Blvd. It can also be accessed from Saratoga Creek Trial by way of pedestrian bridge and pathway located on the North side of the property. The site is bordered both on the north and south by single family homes. The Preliminary Design Phase will include a Conceptual Master Landscape Plan for the park project. The Conceptual Master Plan design will illustrate hardscape design, landscape design and the placement, type and configuration of any play equipment. ARTICLE II: BASIC SERVICES Preliminary Design Phase Task A. Preliminary Investigation and Review 1. We will attend a kick-off meeting with City Staff (maximum meeting time, two hours) to obtain additional information and input from various City departments. 2. We will assemble and review the existing site data, topographic survey data (provided by others), and other site information that may be available for the site as supplied by City Staff. 3. We will visit the site in order to identify the species of existing trees to be retained, confirm the location of other existing features and to photograph existing conditions for use at Public meetings. 479 North Santa Cruz Avenue Los Gatos, CA 95030 408.395.2165 FAX 408.395.2195 hllassoc@AOL.com California License 2013 Ms. Therese Ambrosi Smith Page Two February 5, 2007 Task B. Site Inventory and Analysis 1. We will prepare a digital Base Sheet for the project. The Base Sheet will contain information contained in the existing site topographic survey (provided by others, if available). 2. We will prepare Site Analysis Studies for the project site in order to identify site opportunities and constraints, and to further refine major site design program issues. The elements illustrated on the plan may include, but not be limited to, the following: Existing tree and shrub species and their state of health Adjacent uses Site Circulation Microclimate zones User needs 3. We will meet with members of the neighborhood to review the Site Inventory and Analysis Plan, gather input, answer questions and record comments. The meeting will be run by City staff, with supporting information supplied by Hill Associates. 4. We will revise the Site Analysis Plan as necessary to reflect input from the neighborhood meeting Committee. Task C. Conceptual Park Master Plan 1. We will prepare a draft Conceptual Park Master Plan drawing that clearly communicates the concepts and user issues that were formulated during the first neighborhood meeting. The Conceptual Park Master Plan drawings will illustrate the major materials, surfaces, design elements and treatments proposed for the new landscaping. The drawings will consist of graphic and written exhibits, including, but not limited to: conceptual plans, elevations, enlargement drawings of key areas, freehand and computer perspective sketches, illustrations, manufacturers' product information, and any other elements that will clarify the design intent. 2. We will prepare a Conceptual Cost Analysis based on the elements outlined in the Conceptual Park Master Plan. 3. We will meet with members of the neighborhood and present the draft Conceptual Landscape Master Plan drawings and any ancillary written information. We will answer questions, receive input and record comments made during the meeting. 4. We will make revisions as required to the draft Conceptual Landscape Plan drawings until consensus has been reached on each of the major design issues. Task D: Final Landscape Master Plan 1. We will revise the Rinconada Neighborhood Park Master Plan per City staff and neighborhood concerns. The Final Master 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 and sketches. We will also provide the City with all relevant Master Plan graphics and exhibits in digital format (PDF or JPG). 479 North Santa Cruz Avenue Los Gatos, CA 95030 408.395.2165 FAX 408.395.2195 hllassoc@AOL.com California License 2013 Ms. Therese Ambrosi Smith Page Three February 5, 2007 2. We will update the Conceptual Cost Analysis as required for the final design elements. 3. We will assist City staff to present the project to the City Council. ARTICLE III: ADDITIONAL SERVICES Hill Associates has a tradition of honesty and integrity in our approach to project management. We study the project requirements in detail at the beginning to avoid costly Additional Services. The task of scheduling and budget will be the responsibility of the Founding Principal, Bruce Hill. Bruce has a proven track record of keeping a project on track using basic business 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 financial feasibility studies, environmental studies or other special studies not covered under Basic Services. B. Provide graphics and/ or copy for signs. C. Provide for the services of professional consultants (other than the Landscape Architect's design team), at the Client's request, for assistance that does not fall within the scope of Basic Services. D. Provide study models for alternative design concepts. ARTICLE IV: COMPENSATION In the spreadsheet which follows, the separate work tasks required for successful completion of the Landscape Architecture portion of the project are listed along with the corresponding man-hours and labor costs. Each team member is shown with hourly billing rates and the total labor cost of their respective involvement in the project. We have identified a total labor cost for the project of $11,065.00 for Basic Landscape Architecture Services. Excluded are the costs of any additional consultants. The cost of reproduction, delivery and blueprinting services is included in the above fee, (up to $ 200.00) and will be listed as "Reimbursable Items" on your monthly statement. The figures cited here are a preliminary estimation of time and material costs based on judgments about task duration and personnel requirements. Revisions may be necessary should contract negotiation occur. Compensation for Additional Services shall be for the actual professional time required at our standard hourly billing rates, reviewed annually, which are currently: Principal, $150.; Associate, $95-65.; Admin. $45. Payments to the Landscape Architect shall be invoiced monthly on a time and material basis in accordance with the rate schedule indicated above, not to exceed $11,065.00. 479 North Santa Cruz Avenue Los Gatos, CA 95030 408.395.2165 FAX 408.395.2195 hllassoc@AOL.com California License 2013 Ms. Therese Ambrosi Smith Page Four February 5, 2007 If after reviewing the 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 your records. We will then proceed to meet your schedule. Thank you again for offering us this opportunity. Sincerely, (Robert) Bruce Hill, ASLA Principal Calif. Lie. No. 2013 RBH/vc APPROVED: DATE: LANDSCAPE ARCHITECTS ARE REGULATED BY TI lE STATE OF CALIFORNIA. ANY QUESTiONS CONCERNING A LANDSCAPE ARCIIITECT MAY BE REFERRED TO THE LANDSCAPE ARCHITECTS TECHNICAL COMMI1TEE AT: LANDSCAPE ARCIIITECTS TECHNiCAL COMMI1TEE 400 R STREET, SUiTE 4000 SACRAMENTO, CA (916) 445-4954 479 North Santa Cruz Avenue Los Gatos, CA 95030 408.395.2165 FAX 408.395.2195 hllassoc@AOL.com California License 2013 Task/Fee Breakdown Revised HOURS AND RATES SCHEDULE STAFF: RATE: 1. Kick Off meetin_g w / City Staff 2 Review existing site in!()rlllation 3. Site visit and photograrhy SUBTOTAL - HOURS SUBTOTAL. COSTS 1. Prepare Digital Baseshee.!n 2. Prepare Site Analysis Studies 3. Neighborhood meeting 4. Revisions as required SUBTOTAL - HOURS SUBTOTAL. COSTS 1. Prepare Design Concept Dra\Vings: ConceptualMaster Plan Plant Palette Sections / Sketches Elevations /Pers1'.ectives 2. Prepare Conceptual Cost Analysis 3. Neighborhood Meetin[ 4. Revisions as required SUBTOTAL. HOURS SUBTOTAL - COSTS 1. Finalize Master Plan 2. Update Cost Analysis 3. City Council Meeting SUBTOTAL - HOURS SUBTOTAL. COSTS Reimbursable items TOTAL DESIGN HOURS Hill Associate TOTAL DESIGN FEES Landscape Architecture/Planning Rinconada Neighborhood Park Landscape Master Plan PRINCIPAL SENIOR ASSOCIATE , ADMIN ASSOCL\ TE TOTAL HOURS TOTAL COST S150.00 $95.00 $65.00 S45.00 PER TASK PER TASK PRELIMINARY DESIGN PHASE Task A: Preliminary Investigation and Review 2: 2 $300.00 1 l' $150.00 '- 3 3 $450.00 6 0: 0 6 $900.00 $0.00 $0.00 $O.OO! $900.00 Task B: Site Inventory and Analysis 4 $260.00 2 8 14 51,200.00 .3) 3 $450.00 41 ---.- 1 : 5, $410.00 ; 6 4 16 26 $900.06; , - $380.00 $1,040.00: $0.00 $2,320.00 Task C: Conceptual Park Master Plan ---- 2 4 8 14 $1,200.00 - l! 1; 1 3 $310.00 , 2 4 8 14 SI,200.00 - 2 4 8, 14 $1,200.00 , f 2: 2 5i $485.00 .- 3 3 $450.00 ~ 2. 3: 6 11. $975.00 " ! 14 17 31 2 64 $2,100.00 $1,615.00; $2,015.00 , $90.00 $5,820.00 TASK D: Final Master Plan 2 2' 8 12! $1,010.00 2 1 3 $365.00 3 , , 7' 2 9 0: 18 $1,050.00 S190.00 $585.00 SO.OO $1,825.00 In $200.00 33] 23 56 2 114 $4,950.00 $2,185.00, $3,640.00 ! $90.00 $11,065.00 2/5/2007