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85-020 Linda Vista Park Landscape Servies with Hanamoto, Alley & Abey Reso 6527LANDSCAPE ARCHITECT AGREEMENT THIS AGREEMENT made as the 2—G% day of 4121c1_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 Linda 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 herein after 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 con- struction purposes. 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 (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. IU. The City shall: A. Provide all information as to its requirements for the proj- ect. 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 information: 1. Certified survey of the site, giving, as required, grades and lines of streets, alleys, pavements, and adjoining property; rights -of -ways, restrictions, easements, encroachments, zoning, deed restrictions, boundaries, and contours of the building site; locations, dimensions, and complete data pertaining to existing buildings, other im- provements 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 Archi- tect. E. If the City observes or otherwise becomes aware of any de- fect in the project, the City shall advise the Landscape Architect. -2- 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, CA. 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 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 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, specificaitons, 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. -3- VI. 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 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. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. ATTEST: �j. Cit Clerk ROYSTON HANAMOTO ALLEY & ABEY By Pr'i pal APPR4 ED AS TO FORM: 'm 'City Attorney -4- EXHIBIT A SCHEDULE OF FEES A. Construction Documents, including all Alternate Bid Items: Construction Costs Percentage Fee $ 50,000 - $ 165,000 8.0% 166,000 - 275,000 7.5% 276,000 - And Over 7.0% 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: $80.00 per hour Associates' Time: 50.00 per hour Assistants' Time: 40.00 per hour Technical Staff 30.00 per hour Reimbursable expense for automobile travel during the period of and review and observation of construction will be at $ .20 1/2 per mile. RETURN TO CIT` OF CUPERTINO 10300 TORRE AVE. !JPERTINO, CAS 95014 RESOLUTION NO. 6527 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF AGREEMENT WITH ROYSTON, HANAMOTO, ALLEY & ABEY PROVIDING FOR LANDSCAPE ARCHITECTURAL SERVICES FOR LINDA VISTA PARK WHEREAS, the City is desirous of engaging the services of a consultant to prepare the plans and specifications for Linda 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, Hanamoto, 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 1st day of April, 1985 by the following vote: Vote Members of the City Council AYES: Gatto, Plungy, Sparks, Johnson NOES: None ; STRU IS T❑ CERTIFY MENT IS A TRUE AND i 1 ABSENT: None OTHE ORIGINAL ON FILE IN THIS OFFICE. F . OFFICE. ABSTAIN: Rogers ATTEST CITY CLE `� 19�� THE CITY OF r RTINO APPROVED: BY 4 N CITY ERIC 2'�`a /s/ Phil N. Johnson Mayor, City of Cupertino ATTEST: /s/ Dorothy Cornelius City Clerk