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THIS AGREEtlliNT, made and entered into this ______ day of
!971, by and bet~,]een the CITY Of' TIBliRON, a municipal corporation of the State
of California, hereinafter called "First Party, 11 and BROWNI HELDT ASSOCIATES,
design consultants, hereinaftei.- called "S3cond Party. I!
~ .! I II ~ s s ~~ I ll~
UHEREAS, First P,:17:ty has conducted proceedings for the constxuction of cer-
tain improvements in El phrinero Assessment District No. 1967-1; ~nd
lJHEr~S, First Party has amended said proceedinGS to provide fo~ the de-
sign and construction of certain landscaping improvements in said district;
NOP, TlIEREFORZ, THE PARTIES HERETO DO HEr~BY AGREE AS FOLLOFS;
1. First Party e~ploys Second Party as a landscJpe design consultant and
Second Party hereby agrees to accept employment by first Party in said proceed-
ings.
2. Said services shall include the follo'.:ing:
(a) Pr2pare a visual analysis of the problem area for presen-
tation to a public group.
(b) Prepare a preliminary design solution and present it to
the decision-making group for approval.
(c) Upon approval or preliminary design, prepare construction
documents for planting 2nd irrigation ,dth normal and
special detD.ils as required. Consul tation ",i th spec ialis ts
in soils and irrigation because of the special nature of
the site. Do necessary coordination uith City Engineel-_
(d) Assist in obtaining, reviewing and selecting bids and in
awarding contracts far construction.
(e) Provide supervision as required during construe tion to
aSS\.Ire conformance to design intent.
(f) Attend such public meetings as are required for necessa~y
approvals.
3. Second Party shall receive as compensation for the services herein-
above agreed to be provided the following amounts:
(a) A lump sum payment of 100 thousand five hundred dollar~
($2,500.00) including all direct costs to be paid in [.,:0
equal installments: one-half ($1,250.00) payable upon com-
pletion of ,~ork items (a) 2nd (b) in Paragraph ;'10.2 <.lncl the.
remaining one-ha 1 f ($1,250.00) payable upon completion 01 \.;ark
items (c), (d) and (e) in Paragraph No.2.
(b) If attendance is required at more th3n two public meetinGs,
the charg2 for attendance at such meetings shall be ~~nty-five
dollars ($25.00) per hour [or Q principal member of the firm of
Second Party, and not to exceed Sixteen dol1ar~ ($16.00) per
hour for the T,lork of any staff members of Second Party) plus
normal dj,rect costs.
4. Second Part'! shall be required to complete the ';.,Iode set forth in
items (<1) and (b) in- Paragrarh ;'Jo. 2 Hithin 28 days from the date of \'r='-tten
notice to proceed to be [;iven by First Party. lipon approval of pre.li.;:iHldry
design, Second Party shall cOlrpl'2te the ,}ork required in item (c) of Po.ragraph
No.2, as hereinabove set forth, \'lith~n 28 days from the date of h'ritten notice
to perform such Hcrl~ given by First P;1rty.
s. The compens2 tion required to be pa id to the Second Party shall be
paid by First Party uithin thirty (30) days after receipt of billing therefor,
but in no event shall said payment be made prior to the completion of the work
as set forch in thi~ Agreement.
IN h'ITI~ESS \'}HEREOf> the parties her~to have authorized their duly authorized
represent~tives to c~~ecutc: the \'7ithin instrrnnent the day and year in this Agree-
ment first above written.
CITY OF TIBt~ON, a municipal o.poration
of the State of California
By
Denis
"First Party"
~~~L
~ata, Acting City Cl,:.rk
..:>
BRO\'!L\;/ HELDT ASSOCIATES, des ign consul tants
By~~
"Second Party"