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02-038 MPA Design - Mary Ave & GatewayCl-~ cur`~N ~,a 6 AGREEMENT CITY OF CIJPERTINO 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3200 ;~ , (. l NO BY THIS AGREEMENT, made and entered into on the 22nd day of May , 20 02 , by and between the CITY OF CUPERTINO (Hereinafter referred to ~.s CITY) and Name (1) MPA Design _ (2) Address 414 )~;~~ Mason St. City San Francisco Zip 94102 Phone (415) 434-4664 (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 architectural services for Mary AvE~. Medians & GAteway EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Exhibit A TERMS: The services and/or materials furnished under this AgreemE~nt shall commence on 5/22/02 and shall be completed before 8/1/02 COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: California Labor Code, Section 1771 requires the payment of prevailing wages to all workers employed on a Public Works contract in excess of $1,000.00. 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, 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 hereindue to negligence, errors and omissions, due to negligence, errors and omission:; Insurance: Should the City require evidence of insurability, Contract~~r 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 Age Bement 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 Vicki Guapo 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. CONTRACTOR: CITY O)F ~CU~PERTIN gy ~ E,y V' Title ~~,5/® ~ Title Director of Public Works Soc. Sec. # ~ ~ ~/ ~~~ APPROVALS EXPENDITURE DISTRIBUTION DEPARTMENT HEAD DATE ACCOUNT NUMBER O T - - , CITY C ERK' _ DATE ~-- ~g -~ ~~ ~ ~ L White: City Clerk ~/ Green: Finance Yellow: Contractor , ~ Pink: Receiving Gold: Department MPA Design Landscape Architects and Urban Designers May 12, 2002 Vicki Guapo City of Cupertino Department of Public Works 10300 Torre Avenue Cupertino, CA 95014-3255 Subject: Mary Avenue Medians & Elnton Way Parking Expansion Landscape Architectural Services Dear Vicki, We would be pleased to provide landscape architectural services for the Mary Avenue Medians & Anton Way Parking Expansion project located at Mary Avenue at Stevens Creek Blvd., Cupertino, CA. We understand the project includes design for a feature in the median such as a trellis, or other element(s) to lend identity to the entry to the Cupertino Senior Center. We also understand that parking expansion at Anton Way, to gain up to 25-30 stalls is required. Other work will include design for planting, irrigation system, and earthwork (topsoil). In this proposal, the words "Client" or "Architect" refer to the City of Cupertino, and the words "Consultant" or "Landscape Architect" refer to MPA Design, a California Corporation, 414 Mason Street, San lj'rancisco, California, 94102. SERVICES A. Schematic Design Based on a mutually agreed to program and order of magnitude construction budget prepare two schematic landscape plans showing identity feature, planting, hardscape and conce ?tual landscape grading for the Medians, and parking lot design to gain parking stalls at Anton Way. 2. Prepare estimate of construction cost. 3. Attend review meeting with city staff to review design. 414 Mason Street San Francisco, CA 94102-1719 415 434-4664 PUBLIC ~~~~ FAX 415 434-4665 1' D Offices in San Francisco and Walnut Creek Vicki Guapo 2 May 12, 2002 B. Design Development Based on approved schematic plan and construction budget, revise plan to incorporate city review comments, prc;pare design development drawing(s) showing: 1. Conceptual Grading Plan a. Provide prelin Binary contours for planted areas and mounding. 2. Landscape Plan a. Show plant m~~terial types and locations. b. Note extent of irrigation and description. c. Further develop hardscape, design identity feature, prepare illustrative graphic. d. Show parking lot design scheme, related ADA access walkway design, and planters. 3. Present to city staff f ~r review. Incorporate review comments into design for presentation to Commission. 4. Attend one Commission meeting. C. Contract Documents Based on approved dcsigr? devlopme zt dr~dvi_~gs and. erns±ructinn h~_~d¢et prepare construction drawings and specifications. 1. Working Drawings a. Demolition Plan b. Grading Plan i. Provide i=mished grades for planting areas and mounds based on curb and paving grades provided by the City. Vicki Guapo 3 May 12, 2002 b. Planting Plan rind Details c. Irrigation Plan and Details d. Hardscape Plan and Details i. Identity feature ii. Medians an~i Parking Lot Redesign Plans 2. Specifications: technical sections for work designed by the consultant. (Assume City will provide their own General Conditions and Bid Information. D. Construction Consultation Site Visits: The Landscape Architect shall visit the site at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the work and to determine in general if the work is proceeding in accordance with the contract doc~.~ments. (Construction consultation and site visits shall be negotiated at the time of construction if requested and will be billed on an hourly basis according to the attached Hourly Rate Schedule.) 2. MPA to attend six vis its including: pre-construction meeting, one nursery visit to review plant materials prior to delivery to the site, 2 construction review/site observation meetings, punch list and final review. 3. Review submittals and shop drawings. Respond to requests for information. II. COMPENSATION ^.. For Sections A, B and :' professional servics, the Landscape Archite~~t shall. be paid a lump sum as follows: Total MPA $12,900 (medians) 6,000 (Sr. Ctr.) 18,900 Creegan+D'Angelo 5,000(medians) x 1.10 = 5,500 (Civil) 2,000(traffic) ~: 1.10 = 2,200 1,500(Anton) x 1.10= 1,650 9,350 Vicki Guapo 4 May 12, 2002 Dickson (Irr.) 1,000(medians~)x1.10 = 1,100 1,000(Anton) == 1,100 2,200 Reimbursables at cost plus 10% = 2,900 Total $33,350 B . The following direct prof ec1: costs to the Landscape Architect will be reimbursed at cost plus 10% above the lump sum to limit of $2,900. 1. Printing, reproduction and plotting 2. Freight, postage and delivery 3. Transportation 4. Telephone/fax 5. Photography, photos;opying and photoscanning 6. CAD plots and file conversion and distribution III. PAYMENT A. Monthly invoices shall be submitted by the Landscape Architect based upon percentage of work completed during the month. Monthly invoices shall not e xceed the following percentage amounts until the particular phase is accepted by the Client. Schematic Design Phase 26% Design Development Pha:;e 20% Contract Document Phase 54% Con.tructior~ Consultation Phase To be nefTotiated at time of construction. B. Payment shall be due from the Client within 30 days ofreceipt ofthe invoice. 1.3% interest per month will be applied to balances unpaid after 30 days. IV. LANDSCAPE ARCHITECT'S ADDITIONAL SERVICES The following services cause the Landscape Architect extra expense. If any of these services are authorized by the Architect they shall be reimbursed to the Landscape Architect at the attached billing rates unless otherwise indicated. Vicki Guapo May 12, 2002 A. Revising previously approved drawings, construction budgets, and/or specifications to accomplish budget reductions and/or design changes requested by the Client. B. Preparing documents for :alternate bids or change orders initiated by the Owner. C. Arranging for work to proceed should the Construction Contractor default due to delinquency or insolvency. D. Additional public agency or citizen participation meetings. E. Preparing documents for more than one phase of construction, including the fa.,t tracking of a single construction prof ect if it requires issuing of contract documents for bidding at separate times. F. Site Survey G. Record as-built drawings. H. Models, professional renderings or photo montages. V. ITEMS SUPPLIED BY THE CLIENT The Client shall supply the Land:~cape Architect with the following prior to the Landscape Architect's commencing work upon which said information is based. A. An up-to-date, accurate topographic survey of the existing site which also shows existing utilities, adj acent street grades, underground utilities and site boundary information. If existing trees or other plantings are to be retained, the survey plan shall indicate the outer edge ofthe tree or shrub canopy, -:unk location, caliper and spot elevation at grade next to tree trunl: and type of tree. B. Applicable engineering drawings and specifications throughout the development of this project. VI. WORK NOT INCLUDED A. Contract Document Phase: 1. Site utilities such as water, gas and electrical service 2. Storm drainage plan 3. Site lighting plan Vicki Guapo May 12, 2002 7 Following is the hourly rate schedule that will be in effect from January 1, 2002 to December 31, 2002. I3ILLING RATES Rate per Hour Principal (President) $150.00 Principul,Nice President 135.00 Principal 11 x.00 Associate 90.00 Project Manager/Senior L)esigner 80.00- 85.00 Intermediate Staff/CAD Operator 70.00- 75.00 Sr. Word Processors/Jr. Staff 65.00 Jr. Word Processors/Clerical 50.00 The following direct proj ect costs to the Landscape Architect will be reimbursed at cost plus 10% above the lump sum or hourly rate maximum fee. 1. Printing, reproduction and photography 2. Freight and delivery 3. Transportation and living expenses when traveling in connection with the work 4. Telephone and telefax 5. Fees paid for securing approval of authorities having jurisdiction over the work In the event of any increase of costs due to the granting of wage increases and/or other employee benefits to office employees due to the terms of any labor agreement, or rise in the cost of living, during t~~e lifetime. ofthis agreement, such percentage increase shall be applied to the above billing rates for all remaining additional compensation following the date of such increase in costs.