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80-029 Royston, Hanamoto, Alley and Abey, Landscape Agreement, Monta Vista Park 1 pe i.,.p tri CO - q N of Cupertino • 10300 Torre Avenue Cupertino, California 95014 Telephone (408) 252-4505 August 7, 1980 Royston, Hanamoto, Alley and Abey 225 Miller Avenue P. 0. Box 271 Mill Valley, CA 94941 LANDSCAPE ARCHITECT AGREEMENT We are forwarding to you files a fully executed Agreement by and between the City of Cupertino and Royston, Hanamoto, Alley and Abey, along with a copy of Resolution No. 5348. Sincerely, DOROTHY CORNELIUS CITY CLERK CITY OF CUPERTINO DC:so RESOLUTION NO. 5348 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF LANDSCAPE ARCHITECT AGREEMENT BETWEEN THE CITY OF CUPERTINO AND ROYSTON, HANAMOTO, ALLEY AND ABBEY-MONTA VISTA PARK WHEREAS, the City of Cupertino intends to develop a Master Plan for Monta Vista Park; and WHEREAS, the City wishes to enter into an agreement with Royston, Hanamoto, Alley and Abbey for professional services as Landscape Architects for said park; NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Clerk are authorized to sign said agreement. PASSED AND ADOPTED by the City Council of the City of Cupertino, this 7th day of July , 1980, by the following vote: Vote Members of the City Council AYES: Gatto, Plungy, Sparks, Rogers NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: /s/ Dorothy Cornelius /s/ Barbara A. Rogers CITY CLERK MAYOR, CITY OF CUPERTINO LANDSCAPE ARCHITECT AGREEMENT THIS AGREEMENT, made as of the 7th day of July 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 a Master Plan for Monta Vista Park in the City of Cupertino; hereinafter called the "Project" . NOW, THEREFORE; the City and Landscape Architect for the consideration herinafter 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 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 Architect' s services for Monta Vista Park shall consist of the following: 1. Preparation of base map from information furnished by the City. 2. Review of the site and buildings to identify opportuni- ties, constraints, existing features and relationship of the park site to the surrounding area. - 1 - . 3. Review of development directions with City Staff. • 4 . Preparation of preliminary design alternatives. 5. Review of design alternatives with City Staff. 6 . Select preferred alternative and incorporate staff input; prepare Master Plan. 7. Prepare analysis of probable development cost. j 8 . Meet with City Staff and review Master Plan.. 9. Prepare color rendered drawing of Master Plan. 10 . Attend one (1) public meeting with Park and Recreation Commission. 11. Attend One (1) public meeting with City Council. III. Payments to the Landscape Architect on account of the fee shall be made as follows: 1. The fee for preparation of the Master Plan shall be paid monthly in proportion to the amount of work completed. IV. The City shall: 1 . Provide all information as to its requirements for the project. , 2. 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. 3. 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: • a. Certified survey of the site, giving, as required, grades and lines of streets, alleys, pavements, and adjoining property; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries, and contours of the site; locations, dimensions, and complete data pertaining to existing buildings; other improvements and trees, full informa- tion as to available service and utility lines, both public and private, and test borings and pits necessary for determining subsoil conditions. 4. Any soil test reasonably required by the Landscape Architect. 5 . If the City observes or otherwise becomes aware- of any defect in the project, the City 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 Aveue Mill Valley, California 94941 - 3 - 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 1 ascertaining the services acutally rendered hereunder up to the 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 Arcticle 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, specifications, 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. VII. 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 - 4 - 'skillful manner and the Landscape Archiect 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. • VIII. 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. CITY OF CUPERTINO ROYSTON, HANAMOTO, ALLEY & 'BEY By / / � 4By A . h Mayor Prih•ipal ( ATTEST: APPROVED AS • FORM: ;" 4447 Cit Clerk City A torney • • - 5 - EXHIBIT A MONTA VISTA PARK CITY OF CUPERTINO, CALIFORNIA Based upon the scope of services outlined, our Lum Sum Fee for Basic Services is $6 , 000. 00. - Additional services as a result of changes in program and public meetings, including meetings with citizens groups, will be pro- vided onan hourly basis in accordance with the following. schedule: Principals ' Time: $50 .00 per hour Associates ' Time: 35. 00 per hour Assistants ' Time: 28 . 00 per hour Technical Staff : 22 . 00 per hour All of these rates are current for six months from the date of the agreement for Professional Services, but may be increased periodically. Expenses: . Automobiel Travel: $ .20 per mile Printing & Reproduction: At Cost Reimbursable expenses are in addition to the Compensation for Basic and Additional Services and include actual ex- penditures made by the Landscape Architect, his employees, or his professional consultants in the interest of the project. Royston Landscape Architects: 225 Miller Avenue Transmittal Land Planning P.O. Box 271 Hanamoto Urban Design Mill Valley Alley & Park Planning California 94941 Envimnmental Planning 415383-7900 ".Abey Date August 6 , 1980 Subject Landscape Architect Agreement To Dorothy Cornelius, City Clerk City of Cupertino 10300 Torre Avenue Cupertino, California 95014 We are sending EnelosecXX_ Under separate cover_ By hand— By mail_ Other_ These are for Your review— Your file_ Your approval_ Your information_ Your estimating— Your signature— Other— The following All three copies of the agreement for Monta Vista Park are signed by Kazuo Abey and being returned for signature by the City of Cupertino Sent byRuth N. Truett Citij of Cupertino 10300 Torre Avenue - P.O.Box580 • Cupertino,California 95014 Cupertino,California 95015 • Telephone:(408)252-4505 DEPARTMENT OF THE CITY CLERK • January 15, 1981 Royston, Hanamoto, Alley and Abey Landscape Architects 225 Miller Avenue P. 0. Box 271 Mill Valley, CA 94942 LANDSCAPE ARCHITECT AGREEMENT We are enclosing to you for your files a copy of the Landscape Agreement between the City of Cupertino and Royston, .Hanamoto, Alley and Abey, along with a copy of Resolution No. 5523c Sincerely, • DOROTHY CORNELIUS CITY CLERK • CITY OF CUPERTINO • DC/so encl. Royston Landscape Architects: 225 Miller Avenue - J Land Planning P.O.Box 271 Hanarnoto Urban Design Mill Valley • Alley & Park Planning- California 94942 Environmental Planning 415 383-7900 Abey License No.262 January 9 , 1981 • CITY B !PPERTINO PUWORKS JAN 121981 Mr. Bert J. Viskovich Director of Public Works 8ECElYE9. City of Cupertino 10300 Torre Avenue Cupertino, California 95014 Re: Agreement for Monta Vista Park Dear Bert: Following my conversation with Sumi, I am forwarding three (3) signed copies of the Landscape Architect Agreement. Sincerely, • ROYSTON, HANAMOTO, ALLEY &. ABEY K o Abey • Enols : Agreement ( 3) • • • • Principals: Associates: Robert N.Royston FASLA Robert T.Batterton ASLA Ma Hanamoto ASLA George W. Girvin ASLA Kazuo Abey ASLA John N.Roberts ASLA Louis G.Alley AIA Lucille A.Biesbroeck ASLA Patricia A.Carlisle ASLA Craig B.Hanchett ASLA Harold N.Kobayashi ASLA Barbara D.Lundburg ASLA RESOLUTION NO. 5522 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF LANDSCAPE ARCHITECT AGREEMENT BETWEEN THE CITY OF CUPERTINO AND ROYSTON, HANAMOTO, ALLEY & ABEY - MONTA VISTA PARK WHEREAS, the City is desirous of engaging the services of a landscape architect to prepare the plans and specifications for the development of Monts 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, Hana- moto, 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 5th day of January , 1981 by the following vote: Vote Members of the City Council AYES: Gatto, Johnson, Plungy, Sparks, Rogers NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: /s/ Dorothy Cornelius /s/ Barbara A. Rogers City• Clerk Mayor, City of Cupertino n (ft, LANDSCAPE ARCHITECT AGREEMENT THIS AGREEMENT made as of the 5th day of January, 1981, 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 Monta 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 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 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 construction purposes. ,B. Bidding, Review and Observation of Construction Phase A 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. 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 infor- mation: -2- • • 1. Certified survey .of the site, giving, as required, grades and lines-of streets , alleys , pavements, and adjoining property; 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 City 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- ' consideration shall be given to both complete work arid 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, specifications, 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. VI. It is further mutually understood and agreed by and between the parties hereto that the Landscape Architect is skilled in the professinal 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. • • -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 By Ji Q - /� %P. 10, BY/ / .1. laS •yor (Fc p. r • ' p ATTEST: APPROV' D A TO IRM: ee-Fi r� Y1� fi /7/7/4.) � /• �')/ City Cle &ear City ttorney -5- EXHIBIT A SCHEDULE OF FEES A. Construction Documents, including all Alternate Bid 0 Items : Construction Costs Percentage Fee $ 50,000 - $165, 000 7.0% 166,000 - 275,000 6 .5% 276 ,000 - And Over . 6 .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 : $50 .00 per hour Associates ' Time : 35.00 per hour Assistants ' Time : 28 .00 per hour Technical Staff : 22.00 per hour Reimbursable expense for automobile travel during the period of bidding, and review and observation of construction will be at $ .20 per mile .