80-013 Royston, Manamoto, Alley and Abey; Landscape Architectural Services for Three Oaks Park and Varian Park. " THIS
LANDSCAPE ARCHITECT A~MENT
AGREEMENT made as of the ~ay of
•
by and between the CITY OF CUPERTINO, a municipal corporation:,
hereinafter called the "CITY," and ROYSTON, HANMIOTO, ALLEY & ABEY,
with its principal place of business at 225 Hiller Avenue, Mill Valley,
California; hereinafter called·the "LANDSCAPE ARCHITECT."
WITNESSETH:
''ffiEREAS, the City intends to develop an addition to Var:i:an Park
and Three Oaks in the City of Cupertino; hereinafter called the
"Project" .
NOW, THEREFORE, the.City and Landscape Architect for the
consideration hereinafter set forth, agrees as followq:
I. Subject to the provisons of this Agreement, the Landscape
Architect agrees to perform in connection with the above-named
project, professional services as hereinafter set forth, and the City
agrees to pay the Landscape Architect for such services based on the
Schedule of Fees for Professional Services, which is attached hereto,
marked Exhibit A and incorporated herein and made a part thereof by
this reference.
II.. The Landscape Arhci tect' s services shall eonsist of the
following:
A. construction Document Phase
1. Preparation of working drawings, specifications and
bid documents, including grading and drainage plans,
construction plans, construction details, electrical
plans and details, Irrigation plans ang details, and
planting plans and details.
2. Review working drawings with City staff at fifty per-
cent (50%) completion of drawings.
'.
. .
3. Prepare pre-bid cost estimates.
. 4. Provide the City w~th original reproducible tracings
and Contract Documents for printing, bidding, and
construction Ptlrposes.
,B. Bidding, Review and Observation of Construction Phase
1. Assist the City in obtaining competitive bids.
2. Attend pre-construction meeting.
3. Review and approve shop drawings and other submittals
by the contractors.
4. Make periodic visits to the site (approxima~ely once
per week) to review progress and quality of the work
to determine in general if the work is proceeding
in accordance with the Construction Documents.
5. Attend preliminary and final insp~ction meetings.
6. Prepare "as-built" drawings.
III. Payments to the Landscape Architect on account of the fee
shall be as fol~ows:
A. The fee shall be paid monthly in proportion to the amount
of work completed.,
IV. The City shall:
A. Provide all information as to its requirements for the
project;
B. Designate, when necessary, representatives authorized to
act on its behalf. The City shall observe the procedure of issuing
orders to contractors only through the Landscape Architect;
C. Upon the written request of the Landscape Architect, the
City shall~ 'so far as the work under this Agreement be required, at its
own expense, furnish the Landscape Architect with the following in for-
mation:
,-2-
,.
1. Certified survey of the site, giving, as required, -
grades and lines o~ streets, alleys, pavements, and
adjoining prop~rty; rights-of-way, restrictions,
easements, encroachments, zoning, deed restrictions,
boundaries, and 'contours of the building site; locations,
dimensions, and complete data pertaining to existing
buildings, other improvements and trees, full
information as to available service and utility. lines,
both public and private, and test borings and pits
necessary for determining subsoil conditions;
D. Any soil test.reasonably required by the Landscape
Architect.
E. If the City observes or otherwise becomes aware of any
defect in the project, the Ci·ty shall advise the Landscape Architect.
v. The term of this Contract and of the employment of the
Landscape Architect shall commence on the date of the execution of this
Contract and continue at the pleasure of the City and until notice of
discontinuance and termination of said Contract and employment is
given in writing by the City to the Landscape Architect and in the
absence of such notice to continue until completion of said work; such
notice to be sufficient and complete when the same is deposited in the
United states mail, postage prepaid, addressed to the Landscape
Architect at the following address:
225 Miller Avenue
Mill Valley, California 94941
In the event of such termination, the City shall pay to the
Landscape Architect as full payment for all services 'performed and
all expense incurred in connection with the work heretofore described
in this Agreement. There shall be deducted from such amount, however,
all payments theretofore made by the City under this Agreement to
the Landscape Architect. In ascertaining the services actually
rendered hereunder up to the date of termination of this Agreement,
-3-
'.
. .
cDnsideratiDn shall be given to, bDth cDmplete wDrk and wDrk in
prDgress Df cDmpletiDn and to, complete any incDmplete drawings
and other dDcuments whether del:j.vered to the City Dr in the pDsses'siDn
Df the Lqndscape Architect. If upDn payment Df the amDun't required
to, be paid under this, Article fDllDwing ,the terminatiDn Df'this
Agreement, the City ShDUld determine to, cDmplete the Driginal project
Df substantially the same prDject, the City, for such purpDse, shall ,
give the privilege Df utilizing any drawings, specificatiDns, estimates
and Dther ~ontract DDcuments prepared under this Agreement by the
Landscape Architect, who, shall make them available to, the City upDn
request WithDUt additiDnal compensatiDn.
VI. It is further mutually understDDd and agreed by and between
the parties hereto, that the Landscape Architect is skilled in the
pro,fessinal calling necessary to, perfo,rm the wDrk agreed to, be do,ne
by them under this Co,ntract, and that the City, nDt being skilled in
such matters, relies upon the skill of the'Landscape Architect to, do,
and perfDrm their wo,rk in the most skillful manner and the Landscape
Architect agrees to, thus perfo,rm their wDrk and the acceptance Df their
wDrk by the City shall nDt Dperate as a release Df said Landscape
Architect, frDm said agreement.
VII. Whenever the cDntext herein so, requires the singular includes
the plural.
-4-
" IN WITNESS WHEREOF, the parties hereto have caused this
., Agreement to be executed the day and year first above written.
CITY OF CUPERTINO, ROYSTON, HANAMOTO, ALLEY & ABEY
ATTEST: AS TO FORM:
4:0-:. city~ "
-5-
EXHIBIT A
SCHEDULE OF FEES
• , A. Construction Documents:
Construction Costs
$ 50,000-
166,000 -
276,000
$165,000
275,000
And Over
Percentage Fe.e
7.0%
6.5%
6.0%
B. Bidding, Review and Observation of Construction:
Construction Costs
$ 50,000-
166,000 -
276,000 -
$165,000
275,000
And Over
Percent·age Fee
3.0%
2.5%
2.0%
These fees for services include one (1) public m~eting with the
Park and Recreation Commission and City Council. Additional Services
and additional public meetings will be based on hourly rates in
accordance with the following schedule:
Principal's Time:
Associate's Time:
Assistant's Time:
Technical Staff :
$45.00 per hour
32.00 per hour
27.50 per hour
20.00 per hour