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05-044, MPA Design AGREEMENT Cupertin 1/ ~66 BY THIS AGREEMENT made and entered into on the 4th day of MAY t9- 2005 by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Name (1) MFA 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. GATEWAY - PHASE II CITY OF CUPERTINO 10300 Torre Avenue Cupertino, CA 95014 408-777-3200 NO. tJOl} sf--5c4- EXHIBITS: The following attached exhibits hereby are made part of this Agreement: EXHIBIT A - PHASE II TERMS: The services and/or materials furnished under this Agreement shall commence on MAY 4, 2005 and shall be completed before JULY 1, 2005 COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: NOT TO EXCEED $6,960.00 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 of every nature, 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 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 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 GLENN GOEPFERT 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. By Title Soc. Sec. # EXPENDITURE DISTRIBUTION 270-9447-701 AMOUNT CITY CLERK COPY MPA Design Landscape Archirects and Urhan Desi,~ners 414 Mas(H1 Street ~~\'oil~~\I;\I~CO, CA PUBUC WORKS 41 S 414-4664 FAX 41 S 414-4665 _ '"~f" 4 n ?nn; 1\"'1( I :, 1,1,." _it-.", I, - 'I April 17,2005 Vicki Guapo City of Cup~rtino Department of Public Works 10300 Torre A venue Cupertino, CA 95014-3255 Subject: Mary A venue Crosswalk Redesign Landscape Architectural Services Dear Vicki, We would be pleased to provide landscape architectural services for redesign of the Mary A venue Crosswalk project located at Mary A venue at Stevens Creek Blvd., Cupertino, CA. We understand the project includes re-design of the median island and illuminated crosswalk at the entry to the Cupertino Senior Center, for Contract Documents dated 1/17/03. The design will include lowering the raised pedestrian cross walk to be flush with the road, and narrowing it where sloped edges disappear. Revising locations for the solar controlled lights, crosswalk identification signage. Redesign of the access ramp to median island, and addition of a trellis structure similar to the new trellis across from Cupertino City Hall. Revising the crosswalk paving from stamped concrete to pressed asphalt or other alternati ve, In this proposal, the words "Client" or "Architect" refer to the City of Cupertino, and the words "Consultant" or "Landscape Architect" refer to MP A Design, a California Corporation, 414 Mason Street, San Francisco, California, 94102. 1. SER VICES A. Contract Documents Based on 1/17/03 Contract Documents and comments during our 4/13/05 review meeting and order of magnitude construction budget, prepare revised construction drawings and specifications. Offices in San Francisco and Walnut Creek EXHIBIT A - Phase II Vicki Guapo 2 April 17,2005 1. Working Drawings a. Demolition Plan b. Grading Plan 1. Provide finished grades for crosswalk and median based on curb and paving grades provided by the City. b. Hardscape Plan and Details 1. Revised crosswalk to be flush, median island. 11. Relocate crosswalk lighting features connected to adjacent streetlight power source. 111. Trellis detailing. 2. Specifications: technical sections for work designed by the consultant. (Assume City will provide their own General Conditions and Bid Information. 3. Civil Engineer to review plans drafted by MP A and provide registration seal to cover civil items. C. Construction Consultation 1. 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 documents. (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. MP A to attend six visits including: pre-construction meeting, 3 construction review/site observation meetings, punch list and final review. 3. Review submittals and shop drawings. Respond to requests for information. Vicki Guapo April 17,2005 3 II. COMPENSATION A. For Sections A professional services, the Landscape Architect shall be paid a lump sum as follows: MPA Creegan+D' Angelo 600 x 1.10 = Total $5,700 (medians) 660 $6,360 600 $6,960 Reimbursables at cost plus 10% = Total B. The following direct project costs to the Landscape Architect will be reimbursed at cost plus 10% above the lump sum to limit of $600. 1. Printing, reproduction and plotting (assume bid sets will be printed by the City) 2. Freight, postage and delivery 3. Transportation 4. Telephone/fax 5. Photography, photocopying and photoscanning 6. CAD plots and file conversion and distribution m. PAYMENT A. Monthl y invoices shall be submitted by the Landscape Architect based upon percentage of work completed during the month. Monthly invoices shall not exceed the following percentage amounts until the particular phase is accepted by the Client. Contract Document Phase 100% Construction Consultation Phase To be negotiated at time of construction. B. Payment shall be due from the Client within 30.days of receipt of the 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 April 17, 2005 4 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. Public agency or citizen participation meetings. E. Preparing documents for more than one phase of construction, including the fast tracking of a single construction project if it requires issuing of contract documents for bidding at separate times. F. Site Survey G. Research for and documentation of crosswalk lights powered by solar unit. (MP A and C+D will show details if city has already detailed this type of power source). H. Record as-built drawings. 1. Models, professional renderings or photo montages. V. ITEMS SUPPLIED BY THE CLIENT The Client shall supply the Landscape 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, adjacent 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 of the tree or shrub canopy, trunk location, caliper and spot elevation at grade next to tree trunk and type of tree. B. Applicable engineering drawings and specifications throughout the development of this project. Vicki Guapo April 17, 2005 6 Following is the hourly rate schedule that will be in effect from January 1, 2005 to December 31, 2005. BILLING RATES Principal (President) Principal/Vice President Principal Associate Project Manager/Senior Designer Intermediate Staff/CAD Operator Sr. Word Processors/Jr. Staff Jr. Word Processors/Clerical Rate per Hour $165.00 150.00 135.00 105.00 95.00-100.00 78.00-90.00 75.00-78.00 60.00 The following direct project 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 the lifetime of this 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.