85-020 Linda Vista Park Landscape Servies with Hanamoto, Alley & Abey Reso 6527LANDSCAPE ARCHITECT AGREEMENT
THIS AGREEMENT made as the 2—G% day of 4121c1_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 Linda Vista Park 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
Architect agrees to perform in connection with the above-named project,
professional services as herein after 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 Architect's services shall consist 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 and details, and
planting plans and details.
2. Review working drawings with City staff at fifty
percent (50%) completion of drawings.
3. Prepare pre-bid cost estimates.
4. Provide the City with original reproducible tracings
and Contract Documents for printing, bidding and con-
struction purposes.
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 (approximately 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 inspection meetings.
6. Prepare "as -built" drawings.
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.
IU. 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. 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 information:
1. Certified survey of the site, giving, as required,
grades and lines of streets, alleys, pavements, and adjoining property;
rights -of -ways, restrictions, easements, encroachments, zoning, deed
restrictions, boundaries, and contours of the building site; locations,
dimensions, and complete data pertaining to existing buildings, other im-
provements 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 Archi-
tect.
E. If the City observes or otherwise becomes aware of any de-
fect in the project, the City shall advise the Landscape Architect.
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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, CA. 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 date of termination of this Agreement, consideration shall
be given to both complete work and work in progress of completion and to
complete any incomplete drawings and other documents whether delivered to
the City or in the possession of the Landscape Architect. If upon payment
of the amount required to be paid under this Article following the
termination of this Agreement, the City should determine to complete the
original project of substantially the same project, the City, for such
purpose, shall give the privilege of utilizing any drawings,
specificaitons, estimates and other Contract Documents prepared under this
Agreement by the Landscape Architect, who shall make them available to the
City upon request without additional compensation.
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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 perform their work and the acceptance of their work by the City shall
not operate as a release of said Landscape Architect from 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.
ATTEST:
�j.
Cit Clerk
ROYSTON HANAMOTO ALLEY & ABEY
By
Pr'i pal
APPR4 ED AS TO FORM:
'm
'City Attorney
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EXHIBIT A
SCHEDULE OF FEES
A. Construction Documents, including all Alternate Bid Items:
Construction Costs Percentage Fee
$ 50,000 - $ 165,000 8.0%
166,000 - 275,000 7.5%
276,000 - And Over 7.0%
B. Bidding, Review and Observation of Construction:
Construction Costs Percentage Fee
$ 50,000 - $ 165,000 3.0%
166,000 - 275,000 2.5%
276,000 - And Over 2.0%
These fees for services include one (1) public meeting 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:
Principals' Time: $80.00 per hour
Associates' Time: 50.00 per hour
Assistants' Time: 40.00 per hour
Technical Staff 30.00 per hour
Reimbursable expense for automobile travel during the period of
and review and observation of construction will be at $ .20 1/2
per mile.
RETURN TO CIT`
OF CUPERTINO
10300 TORRE AVE.
!JPERTINO, CAS 95014
RESOLUTION NO. 6527
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF AGREEMENT WITH ROYSTON,
HANAMOTO, ALLEY & ABEY PROVIDING FOR LANDSCAPE
ARCHITECTURAL SERVICES FOR LINDA VISTA PARK
WHEREAS, the City is desirous of engaging the services of a consultant
to prepare the plans and specifications for Linda Vista Park; and
WHEREAS, the firm of Royston, Hanamoto, Alley & Abey is qualified and
willing to provide the necessary services: and
WHEREAS, an agreement between the City of Cupertino and Royston,
Hanamoto, Alley & Abey outlining the terms and conditions of the required
services, has been presented to the City Council; and said agreement
having been approved by the Director of Public Works and the City
Attorney;
NOW, THEREFORE, BE IT RESOLVED, that the Mayor and the City Clerk are
hereby authorized to execute the agreement herein referred to in behalf of
the City of Cupertino.
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Cupertino this 1st day of April, 1985 by the following vote:
Vote Members of the City Council
AYES: Gatto, Plungy, Sparks, Johnson
NOES: None
; STRU IS T❑ CERTIFY
MENT IS A TRUE AND i 1
ABSENT: None OTHE ORIGINAL ON FILE IN THIS OFFICE. F .
OFFICE.
ABSTAIN: Rogers ATTEST CITY CLE `� 19��
THE CITY OF r RTINO
APPROVED: BY
4 N
CITY ERIC 2'�`a
/s/ Phil N. Johnson
Mayor, City of Cupertino
ATTEST:
/s/ Dorothy Cornelius
City Clerk