Loading...
80-013 Royston, Manamoto, Alley and Abey; Landscape Architectural Services for Three Oaks Park and Varian Park. " THIS LANDSCAPE ARCHITECT A~MENT AGREEMENT made as of the ~ay of • by and between the CITY OF CUPERTINO, a municipal corporation:, hereinafter called the "CITY," and ROYSTON, HANMIOTO, ALLEY & ABEY, with its principal place of business at 225 Hiller Avenue, Mill Valley, California; hereinafter called·the "LANDSCAPE ARCHITECT." WITNESSETH: ''ffiEREAS, the City intends to develop an addition to Var:i:an Park and Three Oaks in the City of Cupertino; hereinafter called the "Project" . NOW, THEREFORE, the.City and Landscape Architect for the consideration hereinafter set forth, agrees as followq: I. Subject to the provisons of this Agreement, the Landscape Architect agrees to perform in connection with the above-named project, professional services as hereinafter 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 Arhci tect' s services shall eonsist 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 ang details, and planting plans and details. 2. Review working drawings with City staff at fifty per- cent (50%) completion of drawings. '. . . 3. Prepare pre-bid cost estimates. . 4. Provide the City w~th original reproducible tracings and Contract Documents for printing, bidding, and construction Ptlrposes. ,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 (approxima~ely 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 insp~ction meetings. 6. Prepare "as-built" drawings. III. Payments to the Landscape Architect on account of the fee shall be as fol~ows: A. The fee shall be paid monthly in proportion to the amount of work completed., IV. The City shall: A. Provide all information as to its requirements for the project; 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 in for- mation: ,-2- ,. 1. Certified survey of the site, giving, as required, - grades and lines o~ streets, alleys, pavements, and adjoining prop~rty; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries, and 'contours of the building site; locations, dimensions, and complete data pertaining to existing buildings, other improvements 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 Architect. E. If the City observes or otherwise becomes aware of any defect in the project, the Ci·ty shall advise the Landscape Architect. 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, California 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 the date of termination of this Agreement, -3- '. . . cDnsideratiDn shall be given to, bDth cDmplete wDrk and wDrk in prDgress Df cDmpletiDn and to, complete any incDmplete drawings and other dDcuments whether del:j.vered to the City Dr in the pDsses'siDn Df the Lqndscape Architect. If upDn payment Df the amDun't required to, be paid under this, Article fDllDwing ,the terminatiDn Df'this Agreement, the City ShDUld determine to, cDmplete the Driginal project Df substantially the same prDject, the City, for such purpDse, shall , give the privilege Df utilizing any drawings, specificatiDns, estimates and Dther ~ontract DDcuments prepared under this Agreement by the Landscape Architect, who, shall make them available to, the City upDn request WithDUt additiDnal compensatiDn. VI. It is further mutually understDDd and agreed by and between the parties hereto, that the Landscape Architect is skilled in the pro,fessinal calling necessary to, perfo,rm the wDrk agreed to, be do,ne by them under this Co,ntract, and that the City, nDt being skilled in such matters, relies upon the skill of the'Landscape Architect to, do, and perfDrm their wo,rk in the most skillful manner and the Landscape Architect agrees to, thus perfo,rm their wDrk and the acceptance Df their wDrk by the City shall nDt Dperate as a release Df said Landscape Architect, frDm said agreement. VII. Whenever the cDntext herein so, requires the singular includes the plural. -4- " IN WITNESS WHEREOF, the parties hereto have caused this ., Agreement to be executed the day and year first above written. CITY OF CUPERTINO, ROYSTON, HANAMOTO, ALLEY & ABEY ATTEST: AS TO FORM: 4:0-:. city~ " -5- EXHIBIT A SCHEDULE OF FEES • , A. Construction Documents: Construction Costs $ 50,000- 166,000 - 276,000 $165,000 275,000 And Over Percentage Fe.e 7.0% 6.5% 6.0% B. Bidding, Review and Observation of Construction: Construction Costs $ 50,000- 166,000 - 276,000 - $165,000 275,000 And Over Percent·age Fee 3.0% 2.5% 2.0% These fees for services include one (1) public m~eting 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: Principal's Time: Associate's Time: Assistant's Time: Technical Staff : $45.00 per hour 32.00 per hour 27.50 per hour 20.00 per hour