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86-175 Royston Hanamoto Alley and Abey, Landscape Architectural Service, Memorial Park & Community Center orj . • LANDSCAPE ARCHITECT AGREEMENT • THIS AGREEMENT made on the 3rd day of November , 1986 by and between the CITY OF CUPERTINO, a municipal corporation, hereinafter called the "CITY," and ROYSTON HANAMOTO ALLEY & ABEY, with its principal place of business at 225 Miller Avenue, Mill Valley, California; hereinafter called the "LANDSCAPE ARCHITECT." WITNESSETH: WHEREAS, The City intends to develop Memorial Park Addition and Commu- nity Center in the City of Cupertino; hereinafter called the "Project." NOW, THEREFORE, The City and Landscape Architect for the consideration hereinafter set forth, agrees as follows: I. Subject to the provisions of this Agreement, the Landscape Archi- tect agrees to perform in connection with the above-named project, profes- sional 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 Architects services shall consist of the following: A. PRELIMINARY DESIGN PHASE SITE ANALYSIS 1 . Meetings with City and Architect to review building . locations, park use and site analysis. 2. Prepare conceptual alternatives of site analysis. 3. Meet with City and committee to review site analysis plan. 4. Attend City Council 'meeting. PRELIMINARY LANDSCAPE PLAN 1 . Following approval by the City Council of the building location and site analysis, prepare preliminary land- scape study indicating: a. Building location b. Recreation activity courts c. Parking and vehicular circulation d. Pathways e. Park facilities such as multi-use fields, picnic areas, sitting areas, etc. f. Earth forms and grading concept g. Planting concept h. Lighting concept i . Other Landscape features and relationships to existing park • 2. Review landscape study for input and directions. 3. Review landscape study with Park and Recreation Commis- sion. 4. Prepare Preliminary Landscape Plan and Preliminary Cost Estimate. 5. Review Preliminary Landscape Plan with Architect and City Staff. 6. Prepare colored rendering of plan. 7. Attend Park and Recreation Commission meeting and review Preliminary Landscape Plan. 8. Attend City Council meeting B. CONSTRUCTION DOCUMENT PHASE DESIGN DEVELOPMENT 1 . Prepare Preliminary Working Drawings coordinating the work with the Architect. Establish final design of re- creation activity courtyards, paving materials and pre- liminary grading, drainage and details. 2. Review Design Development Drawings with Architect and City Staff. CONSTRUCTION DOCUMENTS 1 . Prepare final working drawings, specifications and bid documents, including grading and drainage plans, con- struction plans, construction details, landscape electrical plans and details, irrigation plans and details, and planting plans and details. 2. Review working drawings with City Staff at fifty per- cent (50%) completion of drawings. 3. Coordinate the landscape work with work related to the Recreation Building. 4. Prepare cost estimate. 5. Submit working drawings (3 sets) to the City for review. 6. Incorporate City comments and complete final set of working drawings and specifications. 7. Provide city with original reproducible tracings and Contract Documents for bidding and construction purposes. C. BIDDING AND CONSTRUCTION PHASE BIDDING PERIOD 1 . Assist the City in obtaining competitive bids by responding to questions by the Contractors and prepar- ing Addendum if necessary. CONSTRUCTION PERIOD 1. Attend pre-construction meeting. 2. Review and approve shop drawings and other submittals by the Contractor. • 3. Make periodic visits to the site (approximately once per week) to review progress and quality of work to de- termine in general if the work is proceeding in accor- dance with the Contract Documents. 4. Attend preliminary and final inspection meetings. 5. Review as-built drawings prepared by the Contractor. III . Payments to the Landscape Architect on account of the fee shall be as follows: 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 proj- ect. B. Designate, when necessary, representatives authorized to act on its behalf. 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 Archi- tect with the following information: 1 . Certified survey of the site, giving as required, grades and lines of streets, alleys, pavements, and ad- joining property; rights-of-way, restrictions, easements, boundaries, and contours of the site; locations, dimensions, and complete data pertaining to buildings, other improvements and trees, full informa- tion 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 Archi- tect. E. If the City observes or otherwise becomes aware of any de- fect in the project, the City shall advise the Landscape Ar- chitect. 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 con- tinue until completion of said work; such notice to be sufficient and com- plete 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, Ca 94941 • • EXHIBIT A FEES FOR PROFESSIONAL SERVICES: A. Preliminary Design Phase Site Analysis Lump Sum $ 3,540.00 Preliminary Landscape Plan Lump Sum 8,850.00 B. Construction Document Phase Design Development Construction Documents, including all Alternate Bid Items: Estimated and/or Construction Costs Percentage Fee $ 50,000 - $ 165,000 8.00% 166,000 - 275,000 7.75% 276,000 - and over 7.50% C. Bidding and Construction Phase Construction Costs Percentage Fee $ 50,000 - $ 165,000 3.00% 166,000 - 275,000 2.75% 276,000 - and over 2.50% Principals' Time: $90.00 per hour Associates' Time: 50.00 per hour Assistants' Time: 40.00 per hour Technical Staff: 30.00 per hour Office/Clerical 20.00 per hour Reimbursable expense for automobile travel during the period of bidding, and review and observation of construction will be at $ .20-1/2 per mile. • • In the event of such termination, the City shall pay to the Land- scape Architect as full payment for all services performed and all expense incurred in connection with the work heretofore described in this Agree- ' ment. There shall be deducted from such amount, however, all payments theretofore made by the City under this Agreement to the Landscape Archi- tect. In ascertaining the services actually rendered hereunder up to date of termination of this Agreement, consideration shall be given to both complete work and work in progress of completion and to complete any in- complete drawing and other documents whether delivered to the City or in the possession of the Landscape Architect . If upon payment of the amount of the amount required to be paid under this Article following the termi- nation of this Agreement, the City should determine to complete the origi- nal project of substantially the same project, the City, for such purpose, shall give the privilege of utilizing any drawings, specifications, esti- mates and other Contract Documents prepared under this Agreement by the Landscape Architect, who shall make them available to the City upon re- quest without additional compensation. VI. It is further mutually understood and agreed by and between the parties hereto that the Landscape Architect is skilled in the professional calling necessary to perform the work agreed to be done by them under this Contract, and that the City, not being skilled in such matters, relies upon the skill of the Landscape Architect to do and perform their work in the most skillful manner and the Landscape Architect agrees to thus per- form their work and the acceptance of their work by the City shall not op- erate as a release of said Landscape Architect for said Agreement. VII . Whenever the context herein so requires the singular includes the plural . 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 111 By A,fLOSii• 1 :4(i. 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