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12-146 First Amendment Hill Associates Agreement for the Mary Ave Dog Park f o , 7272S-2P 72 3 424,f-c.c..*/ FIRST AMENDMENT AGREEMENT BETWEEN THE CITY OF CUPERTINO AND HILL ASSOCIATES FOR MARY AVENUE DOG PARK This First Amendment to the Agreement between the City of Cupertino and Hill Associates, for reference dated December 11th, 2012 , is by and between the CITY OF CUPERTINO, a municipal corporation (hereinafter "CITY") and Hill Associates a California corporation whose address is 130 Oakdale Drive, Aptos, CA 95003, (hereinafter"CONTRACTOR"), and is made with reference to the following: RECITALS: A. On October 9th, 2012, an agreement was entered into by and between City and Hill Associates (hereinafter "Agreement"). B. City and Hill Associates desire to modify the Agreement on the terms and conditions set forth herein. NOW, THEREFORE, it is mutually agreed by and between and undersigned parties as follows: EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Exhibit A Proposal, and Exhibit A-1 Proposal. COMPENSATION section of the Agreement is modified to read as follows: For the full performance of this Agreement, CITY shall pay CONTRACTOR: Based on Time and Material Not to exceed$2,460.00,unless amended in writing. Except as expressly modified herein, all other terms and covenants set forth in the Agreement shall remain the same and shall be in full force and effect. Page 1 of 2 First Amendment IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed. Hill Associate CITY OF CUPERTINO A Municipal Corporation B 1 By Alib■ nei/V6Orr-- Director of Public Works, Timm Borden Title Date /07-- /e ' APPROVED AS TO FORM: By / A. o, City A�:rney, Carol Korade ATTEST: By 62Q`c. L t City Clerk, Grace Schmidt Account No. 580-9137-9300 Amount: Total Contract: $2,460.00 Page 2 of 2 First Amendment EXHIBIT A4 '"'7x "ilI Associates Landscape Architecture Planning December 10,2012 Ms. Carmen Lynaugh Department of Public Works 10300 Torre Avenue Cupertino,CA 95014 PROJECT:Mary Avenue Dog Park Cupertino,CA SUBJECT:Proposal for Consulting Services Dear Carmen: Thank you for inviting Hill Associates to submit a proposal for the Mary Avenue Dog Park project. I am pleased to submit this proposed agreement to provide Consulting Services for the project according to the following Scope of Work and Compensation. ARTICLE I-GENERAL We understand that the City of Cupertino requires a Colored Illustrative Site Plan Exhibit for the Dog Park Project to present at the Parks and Recreation commission meeting on January 3, 2013.The rendered plan will indicate the trees to be retained and those to be removed due to lead contaminated soils and also trees that may be retained depending on site specific circumstances. The scope of services will also include minor revisions to the current plan,as directed by City staff. ARTICLE II-BASIC SERVICES PROVIDED Basic Services for shall consist of the work described in the subsection outlined below. The Landscape Architect's fees shall reflect the assumption that any meetings will be held in the vicinity of Cupertino. Task A: Prepare Revised Site Plan 1. We will meet with City staff to finalize the design program,minor site revisions and final schedule for the project. 100 Oakdale Drive Aptos,CA 95CO3 408.761.3184 hllassoc @AOL.com California L.cense 2013 r . 5. Ms. Carmen Lynaugh Page Two December 10,2012 2. We will prepare a Colored Illustrative Site Pk.n for City staff review and comments. 3. We will revise the Illustrative Plan as required to include Staff input. The final Plan will be suitable for presentation to the Parks and Recreation commission. ARTICLE IV-FEES AND COMPENSATION TO THE LANDSCAPE ARCHITECT In the attached spreadsheet,the separate work tasks required for successful completion of the project are listed along with the corresponding man-hours and labor costs. Each team member is shown with hourly billing rates and the total la 30r cost of their respective involvement in the project. We have identified a total labor cost of$1,400.00 for Consultant Services. Excluded are the costs of any additional consultants. The cost of reproduction,delivery and blueprinting services is included in this figure. The figures cited here represent a preliminary estimation of costs based on judgments about task duration and personnel requirements. Revisions may be necessary should contract negotiation occurs. Compensation for Additional Services shall be for the actual professional time required at our standard hourly billing rates,reviewed annually,which are currently: Principal,$150.;Associate,$95.;CAD Drafter,$75.;Admin. $45. If after reviewing the preceding proposal,you find it acceptable and have no further questions, please issue a standard form of Agreement with the above information incorporated. We will then proceed to meet your schedule. Thank you again for this opportunity to be of service. Sincerely, HILL ASSOCIATES (Robert)Bruce Hill,ASLA Landscape architects are regulated by the state of California. Any questions concerning a landscape architect may be referred to the Landscape Architects Technical Committee at: Landscape Architects Technical Committee 400 R Street,Suite 4000,Sacramento,CA 100 Oakdale Drive Aptos,CA 95003 408.761.3184 hllassoc@AOL.com California License 2013 CITY OF Mary Avenue Dog Park CUPERTINO ADDITIONAL ENCUMBE'RANCE NO. 1 December 11,2012 Contractor: Hill Associates 100 Oakdale Drive Aptos, CA 95003 The following change is hereby approved and request for additional encumbrance: 1A. Additional Services to produce Colored Rendering and $1,400.00 Revise plans Total Additional Encumbrance No. 1 $1,400.00 Total Project Encumbrance: Original Contract $1,060.00 Additional Encumbrance No. 1 $1,400.00 Revised Contract $2,460.00 ORIGINAL P.O. NUMBER: 57872 ACCOUNT NUMBER: 580-9137-9300 APPROVED BY: Timm Borden, P.E. Director of Public Works Date 12/17/1a-