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88-050 Royston, Hanamoto, Alley & Abey, Landscape Design Services for Jollyman Park AGREEMENT Project 4 1003 "�, Not to Exceed $95,000 lrA A°ai<; CITY OF CUPERTINO itpaos , P.O. Box 580 aood� Cupertino, CA 95015 0 rr 996 252-4505 NO. BY THIS AGREEMENT made and entered into on the day of 19 by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Name (1) Royston, Hanamoto, Alley & Abey (2) Kazuo Abey Address P.O. Box 937 City Nil 1 Va.]]ey Zip 94942 Phone 415-383-7900 (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 Design Services - Jollyman Park EXHIBITS:The following attached exhibits hereby are made part of this Agreement: Exhibit A - Scope of Work and Fee Proposal TERMS The services and/or materials furnished under this Agreement shall commence on July 1, 1988 and shall be completed bsfncotupon completion of project COMPENSATION For the full performance of this Agreement,CITY shall pay CONTRACTOR: As per Exhibit A 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 per- formance 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 relation of master and servant exists between City and undersigned.At all times Contractor shall be deemed to be an independent contractor and Contractor isnot 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 Steve Dowling/Travice Whitten DEPARTMENT Recreation/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. /Zv 5-74A,/nt /Jana %o /4-/f ig.4M.r CONT', OR: ( / / CITY OF CUPERTIN • X By / By Tit - A 'c a/ • '�.a r Title • p-Ec�O4P.— Soc. S .# / APPROVA �. D' . epari ent Head BDate Ci C•rr i /,G4y�' `.e White-City Clerk Copy Green Finance Canary-Contractor's Copy Pink•Receiving Copy Goldenrod-Department Copy JOLLYMAN PARK City of Cupertino SCOPE OF WORK AND FEE PROPOSAL A. PRELIMINARY DESIGN PHASE SITE ANALYSIS 1 . Meetings with City staff and community members to As review park use and site analysis. iiqo.{ 2. Prepare conceptual studies of park plan. MEETING 3. Meet with City staff to review studies and receive As input and directions . oEcessAlwf PRELIMINARY PLAN 1 . Prepare preliminary plan incorporating input received from the City indicating: a. Soccer fields b. Little League fields c. Multi-purpose fields d. Parking areas e. Restrooms f. Picnic facilities g. Children ' s play area h. Pathways i. Other related park facilities. 2. Review preliminary plan with City staff. 3 . Prepare preliminary cost estimate. 4. Attend Park and Recreation Commission meeting to review preliminary plan. Receive input. 5 . Revise preliminary plan as necessary. 6. Prepare colored renderings of plan. 7. Attend City Council meeting to review preliminary plan. B. CONSTRUCTION DOCUMENT PHASE DESIGN REFINEMENT 1 . Prepare preliminary working drawings and establish final design directions including details, planting and lighting. 2. Review preliminary working drawings with City staff. Receive input. CONSTRUCTION DOCUMENTS 1. Prepare final working drawings, specifications and bid documents including grading and drainage plans, construction plans, construction details, electrical plan and details, irrigation plan and details, and planting plan and details. Jollyman Park/City of Cupertino Scope of Work & Fee Proposal Page 2 2. Review working drawings with City staff at 50% and 90% completion of drawings. 3. Prepare cost estimate. 4. Submit three (3) sets working drawings to the City for review. 5 . Incorporate City comments and complete final set of working drawings and specifications. 6. 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 Contractor. Prepare 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 ( rnximaiy once per week) to review progress and quality of work to determine, in general , if the work is proceeding in accordance with the Contract Documents. 4. Attend preliminary and final inspection meeting. 5. Review "as-built" drawings prepared by the Contractor. • FEES FOR PROFESSIONAL SERVICES: A. Preliminary Design Phase Site Analysis Lump Sum $3,500.00 Preliminary Landscape Plan Lump Sum 8,500.00 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% The City will provide all information as to the requirements of the project, and furnish the Landscape Architect with the following information: 1. Certified survey of the site, giving grades and lines of streets, pavements and adjoining property; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site. of the_pro•osed corm 8 . _ C • 3 . Other improvements and full information as to available service and utility lines; test borings and soil analysis necessary for determining subsoil conditions and soil fertility. All additional services including meetings with the Park and Recreation Commission and City Council and revisions to the drawings required due to a change in the scope-of-work or changes to the building configuration or location will be provided on an hourly basis in accordance with the following hourly rates: Principals $90.00/hour Associates 50.00/hour Assistants 40.00/hour Technical Staff 30.00/hour Office/clerical 20.00/hour Statements will be submitted monthly in proportion to the amount of work completed. Reimbursable expense for automobile travel during the period of bidding and review, and observation of construction will be at $ .20-1/2 per mile.