91-032 Beals Landscape Architecture Services (8 School Sites) 91-032 BEALS LANDSCAPE ARCHITECTURE
SERVICES (8 SCHOOL SITES)
BEALS
LANDSCAPE
1 ARCHITECTURE
l5U L�'.1U UU U ULl� 15�U )NOTWO NORTH MARKET • FIFTH FLOOR
Sara J05E GaL.IFORNIa cgs 1,
PHONE 408.287.4202•FAX 4C8-26%-0'65
TO: City of Cupertino DATE: 6/30/92 30B NO. 91-23
10300 Torre Avenue
ATTENTION: Dorothy Cornelius
Cupertino, CA 95014
FROM: Jay Beals
WE ARE SENDING: THE FOLLOWING:
❑ Attached ❑ Prints ❑ Original Drawings
g] VIA Mail ❑ Xerox Vellums ❑ Catalog Cuts
❑ Specifications ❑ Samples
Copies Data Number Description
TRANSMITTED AS CHECKED: REMARKS:
❑ For Approval
® For your use, as requested
❑ For Review and Comments
CITY OF CUPERTINO
INTERDEPARTMENTAL Date June 16, 1992
To___ CITY CLERK ' From PUBLIC WORKS--Sumi
}
❑ Informatioi. MESSAGE: AMENDMENT TO AGREEMENT BETWEEN BEALS LANDSCAPE
® Implement ARCHITECTURE AND CITY--EIGHT SCHOOL SITES R
❑ lnvestigatt_-
❑ Discuss Transmitted for Rrocessine are three copies°FAmendment to Agreement
❑ See me _ (CC 6115/92)
❑ Reply
sm
attach. -
Reply: Beals Landscape Architecture, Inc.
2 N. Market St. , Fifthkloor
San , CA 95i13 --
SIGNED: DATE
Forward part 1 Retain part 2
RESIMIMON NO. 8680
A RESMIMIM CF THE CIW COMM CF THE CITY OF CLMMM
APPROVING AMENEMM TO AGREDGMT BE74M SMUS LANDSCAPE
AS[2iI'Ig7CIURE AND IM CITY OF CLVERTM FM
SERVICES EM EIGHT SCROM SrTES
Wes, Beals Landscape Archie Inaxparated, CWAsultant, and
the City of 04=tino entered into an agrve ent an Novenber 4, 1991, for
landscape aonsultant services for eight school sites at various locations
in the city; and
it is desirable to acid clarifies to said agreement as
regarding pwyment; and
MMMAS, there has been present-ad to the City Council an melt to
the afarwentioned initial went; and said amendment has been reviewed
and approved by the Director of Public Works and the City Ate.
WWI THEREPMEo BE IT RESO,VED, that the City Council of the City.of
Cupertino hereby aR=uvw the Ill,ioned amenftent to the
withs Landscape Architecture and authariZes theayMr
and the City Clerk to execute said amendment an behalf of the City of
ino•
PASSED AND ADMn!ED at a regular meeting of the City Ommcil of the
City of Cgxwtino this 15th day of June , 1992, by the
folloWing vote:
Vote Medaess of the City Co�� ci
AYES: Dean, Goldman, Koppel, Sorensen
NOES: None
AMM: Szabo
ABSTAIN: None
APF OM:
/s/ Lauralee Sorensen
Mayor, City of Qwwtim
Ate:
THIS !�: 70 i F--rTf tFY iN." t i'ri1Pd
INSTRLJMEN1- ISATPUE AND V-QF"'2 _CT SPY
OF THE 6F7l jfNAL ON F)LL IN THIS UFFICS.
/s/ Dorothy Cornelius 9
CityClerk ATTEST—
CITY CLEF OE THE ci'rY OF CUF'ERTt1�tA
ST
CITY I&t?RY,
AMENDMENT TO AGREEMENT
BETWEEN BEALS LANDSCAPE ARCHITECTURE, INC
AND THE CITY OF CUPERTINO FOR ARCHITECTUIR.AL
SERVICE FOR EIGHT SCHOOL SITES
Dated: June 15, 1992
• A purchase order shall authorize Consultant to prepare finite design, plans and specifications
for eight(8) school sites and Monta Vista Recreational Center in accordance with the
approved Master\Implementation Mans.
• For the purpose of this purchase order, basic compensation shall be six percent (6%)of an
estimated cost of$4,200,000.00 construction for direct labor including Consultant, and
• Reimbursable expenses shall not exceed ten percent(10%)of the basic compensation.
• Final compensation shall be six percent(6%)of the lowest qualified bid including add
alternatives. Should the City elect not to let the project out to bid, final compensation shall be
six percent(6%)of the final statement of probable cost prepared by an outside source
mutually agreed upon by City and Consultant paid for by the Consultant not to exceed
$4,000.00.
® City shall withhold ten percent (10%)of the basic compensation until bids are received; or
• In the case that the City decides not to let the project out to bid following completion of plans
and specifications by Consultant, ten percent(10%)retention shall be released within ninety
(90) days of submittal of final plans and specifications.
• Should bids be received for the project, and those bids be rejected by the City, and should the
City require additional plan modificatiton or, should repackaging of plans be required;
Consultant shall prepare said plans on a time and materials basis to the satisfaction of the City.
CITY OF CUPERTINO Attest: Approved a,,to Form:
ell
Mayor City Clerk City Attorney
CONTRACTOR: DEALS LANDSCAPE ARCHITECTURE INCORPORATED
By: f f(� Title: as
Citm of Cuperfl
10300 Torre Avenue P.O.Box 590
Cupertino,Califurnia 95014 Cupertino,California 95015
Telephone: (408)252-4505
DEPARTMENT OF THE CITY CLERK
November 12, 1991
Attention Jay Heals
Beals Ix-ndscape Arct+..itecture, Inc.
Two North Market Street
San Jose, CA 95113
CUPRMALV Fit ARCHIT WPJRAL SERVICES
Dear Mr. Beals:
We are enclosing to you for your files one (1) copy of the AWmmmt by
and between the City of Cupertino Beals landscape Architecture , Inc.,
which `nos been fully executed by City Officials, along with one (1)
certified copy of Resolution No. 5539, which was enacted by the City
Council of the City of Cupertino, at their regular meeting of Monday,
November 4, 1991.
Sincerely,
DOROW
CITY CLERK
CITY OF CUPERTI O
DC/so
encl.
cc: Department of Public Work3
i
RESMU CN ND. 8539
A RE I(M CF THE CITY OOED CM OF THE CITY
AUTHMIZING EXOMTICN OF AGREEMM WITH SEALS LRNDSCAPE
ARCHITEIRE INOMPORATED1 PROVIDU G PU.Ai ARICHITEMURAL
SE1 I rICES POlt EIGHT SCHOM SITES AT VARIOUS UXATICNS
WITHIN THE CITY CF cup-m 1D
WHEREAS, the City is desirous of engaging the services of a consultant
to prepare the conceptual plans and specifications for eight school sites
for Youth Sports Activities; and
WHEREAS, the fins of Beals Landscape Architecture Incorporated is
qualified and willing to provide the necessary sexvioe3; and
WHEREAS, ar agre�ait between the City of Cu :rti no and Beals
Iwx1scepe Architecture Incorporated out)ining the teens and conditions of
the requ xed services, has been presyted to the City Council; and said
aft having been approved by the Director of Public Turks and the
City Attorney;
NOW, THUREF , 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 ADa?= at a regular meeting of the City Council of the
City of Cupertino this 4th day of November , 1991, by the
following vote:
Vote memke= of the City Ctnmgil
AYES: Goldman, Rogers, Sorensen, Szabo
NOES: None
ABSENT: Koppel
ABSTAIN:
APPROVED:
/ s/ Nick Szabo
Mayor, City of Cupertino
Pro Tempore
ATTEST:
/s/ Dorothy Cornelius
City Clerk
ACCOUNT NO.
CONTRACT AMOUNT $
PURCHASE ORDER NO.
AGREEMENT
THIS AGREEMENT, made and entered into this 4th day of
November , 1991 , by and between the CITY OF CUPERTINO, a
municipal corporation of California, hereinafter referred to as
"CITY", and BEALS LANDSCAPE ARCHITECTURE INCORPORATED _A
CALIFORNIA CORPORATION ., with offices at TWO NORTH MARKET STREET•
SAN JOSE, CA, hereinafter referred to as "CONTRACTOR";
WITNESSETH•
WHEREAS, CITY desires to retain services in conjunction with
EIGHT SCHOOL SITES; and
WHEREAS, CITY desires to engage CONTRACTOR to provide these
services by reason of i-Cs qualifications and experience for
performing such services, and CONTRACTOR has offered to provide the
required services on the terms and in the manner set forth herein;
NOW, THEREFORE, in consideration of their mutual covenants,
the parties hereto agree as follows:
1. DEFINITIONS.
(a) Tt.e word "City" as used in this agreement shall
mean and include all. the territory lying within the municipal
boundaries of the City of Cupertino, California, as presently
existing, plus all territory which may be added thereto during the
term of this agreement by annexation or otherwise.
(b) The term "City Manager" shall mean the duly
appointed City Manager of the City of Cupertino, California, or his
designated representative.
(c) The term "City Attorney" shall mean the duly
appointed City Attorney of the City of Cupertino, California, or
his designated representative.
(d) The term "City Clerk" shall mean the duly
appointed City Clerk of the City of Cupertino, California, or her
designated representative.
(e) The term "Contractor" shall mean Landscape
Architect.
(f) The term "Subcontractor" shall mean Consultant
to Landscape Architect.
1
2. PROJECT COORDINATION.
(a) City. The City Manager shall be representative
of CITY for all purposes under this agreement. The Director of
Public Works hereby is designated as the PROJECT -AANAGER for the
City Manager, and shall supervise the progress and execution of
this agreement.
(b) Contractor. CONTRACTOR shall assign a single
PROJECT DIRECTOR to have overall responsibility for the progress
and execution of this agreement for CONTRACTOR. Jay Beals hereby
is designated as the PROJECT DIRECTOR for CONTRACTOR. Should
circumstances or conditions subsequent to the execution of this
agreement require a substitute PROJECT DIRECTOR for any reason, the
PROJECT DIRECTOR designee shall be subject to the prior written
acceptance and approval of the PROJECT MANAGER.
3. DITTIES OF CONTRACTOR.
(a) Services to be Furnished. CONTRACTOR shall
provide all specified services as set forth below:
(1) SEE EXHIBIT A.
(2)
(3)
(b) Laws to be Observed. CONTRACTOR shall:
(1) Procure all permits and licenses, pay all
charges and fees, and give all notices which may be necessary and
incident to the due and lawful prosecution of the services to be
performed by CONTRACTOR under this agreement;
(2) Keep itself fully informed of all existing and
future federal, state, and local laws, ordinances, regulations,
orders, and decrees which may affect those engaged or employed
under this agreement, any materials used .in CONTRACTOR's
performance under this agreement, or the conduct of the services
under this agreement;
(3) At all times observe and comply with, and cause
all of its subcontractors and employees, if any, to observe and
comply with, all of said laws, ordinances, regulations, orders, and
decrees mentioned above;
2
(4) Immediately report to the PROJECT MANAGER in
writing any discrepancy or inconsistency it discovers in said laws,
ordinances, regulations, orders, and decrees mentioned above in
relation to any plans, drawing, specifications, or provisions of
this agreement.
(c) Release of Reports and Information. Any
reports, information, data, or other material given to, or prepared
or assembled by, CONTRACTOR or its subcontractors, if any, under
this agreement shall be the property of CITY and shall not be made
available to any individual or organization by CONTRACTOR or its
subcontractors, if any, without the prior written approval of the
City Manager.
(d) Copies of Reports and Information. If CITY
requests additional copies of reports, drawings, specifications or
any other material which CONTRACTOR is required to furnish in
limited quantities as past of the services under this agreement,
CONTRACTOR shall provide such additional copies as are requested
and CITY shall compensate CONTRACTOR for the costs of duplicating
of such copies at CONTRACTOR'S ^.ost.
(e) Oualifications of Contractor. CONTRACTOR
represents that it is qualified to furnish the services described
under this agreement. As evidence thereof, CONTRACTOR warrants
that one or more members or employees of the firm are licensed
landscape architects by the State of California and that the
services to be provided under this agreement: will be performed by
them or under their supervision.
4 . COMPENSATION. For the full performance of the services
described herein by CONTRACTOR, CITY shall pay CONTRACTOR the total
sum of SEE EXHIBIT B.
5. DUTIES OF CITY. City shall provide all specified
services as set forth below:
(a)
(b)
(c) - -
6. TERM. The services to be performed hereunder shall
commence on SEE EXHIBIT C1 , 19 , and shall be completed
by , 19
7. TEMPORARY SUSPENSION. The City Manger shall have the
authority to suspend this agreement, wholly or in part, for such
period as he deems necessary due to unfavorable conditions or to
the failure on the part of the CONTRACTOR to perform any provision
of this agreement.
3
8. EXTENSION OF TERM. In the event that the services called
for under this agreement are not completed within the time
specified above, the City Manager shall have the option to extend
the time for completion. This paragraph does not preclude the
recovery of damages for delay by either party.
9. SUSPENSION; TERMINATION.
(a) Right to Suspend or Terminate. Either party
may suspend or terminate this agreement for any reason by giving
thirty (30) days' written notice. Upon receipt of such notice,
CONTRACTOR shall immediately discontinue his performance under this
agreement.
(b) Payment. Upon such suspension or termination,
CONTRACTOR shall be paid for all services actually rendered to CITY
to the date of such suspension or termination; provided however,
if this agreement is suspended or terminated for fault of
CONTRACTOR, CITY shall be obligated to compensate CONTRACTOR only
for that portion of CONTRACTOR'S services which are of benefit to
CITY.
(c) Return of Materials. Upon such suspension or
termination, CONTRACTOR shall turn over to the City Manager
immediately any and all copies of studies, sketches, drawings,
computations, and other data, whether or not completed, prepared by
CONTRACTOR or its subcontractors, if any, or given to CONTRACTOR or
its subcontractors, if any, in connection with this agreement.
Such materials shall become the permanent property of CITY.
CONTRACTOR, however, shall not be liable for CITY's use of
incomplete materials or for CITY's use of complete documents if
used for other than the project contemplated by this agreement.
10. INSPECTION. CONTRACTOR shall furnish CITY with every
reasonable opportunity for CITY to ascertain that the services of
CONTRACTOR are being performed in accordance with the requirements
and intentions of this agreement. All work done and all materials
furnished, if any, shall be subject to the PRO:i,CT MANAGER's
inspection and approval. The inspection of such work shall not
relieve CONTRACTOR of any of its obligations to fulfill its
agreement as prescribed.
11. INDEPENDENT JUDGMENT. Failure of CITY to agree with
CONTRACTOR's independent findings, conclusions, or recommendations,
if the same are called for under this agreement, on the basis of
difference in matters of judgment shall not be construed as a
failure on the part of CONTRACTOR to meet the requirements of this
agreement.
4
12 . ASSIGNMENT; SUBCONTRACTORS; EMPLOYEES.
(a) Assignment. Both parties shall give their
personal attention to the faithful performance of this agreement
and shall not assign, transfer, convey, or otherwise dispose of
this agreement or any right, title, or interest in or to the same
or any part thereof without the prior written consent of the other
party, and then only subject to such terms and conditions as the
other party may require. A consent to one assignment shall nct be
deemed to be a consent to any subsequent assignment. Any
assignment without such approval shall be void and, at the option
of the other party, shall terminate this agreement and any license
or privilege granted herein. This agreement and any interest
herein shall not be assignable by operation of law without the
prior written consent of the other party.
(b) Subcontractors. It is agreed that this
agreement is for the personal services of
Beals Landscape Architecture, Incorporated and cannot be performed
by any other person or organization.
(b) Subcontractors; Employees. CONTRACTOR shall be
responsible for employing or engaging all persons necessary to
perform the services of CONTRACTOR hereunder. No subcontractor of
CONTRACTOR will be recognized by CITY as such; rather, all
subcontractors are deemed to be employees of CONTRACTOR, and it
agrees to be responsible for their performance. CONTRACTOR shall
give its personal attention to the fulfillment of the provisions of
this agreement by all of its employees and subcontractors, if any,
and shall keep the work under its control. If any employee or
subcontractor of CONTRACTOR fails or refuses to carry out the
provisions of this agreement or appears to be incompetent or to act
in a disorderly or improper manner, he shall be discharged
immediately from the work under this agreement on demand of the
PROJECT MANAGER.
13 . NOTICES. All notices hereunder shall be given in writing
and mailed, postage prepaid, by certified mail, addressed as
follows:
TO CITY: Bert J. Viskovich
Director of Public Works
City of Cupertino
P. O. Box 580
Cupertino, CA 95015-0580
TO CONTRACTOR: Mr. Jay Beals
Beals Landscape Architecture, Inc.
Two North Market Street
San Jose, CA 95113
5
14. INTEREST OF CONTRACTOR. CONTRACTOR covenants that it
presently has no interest, and shall not acquire any interest,
direct or indirect, financial or otherwise, which would conflict in
any manner or degree with the performance of the services
hereunder. CONTRACTOR further covenants that, in the performance
of this agreement, no subcontractor or person having such an
interest shall be employed. CONTRACTOR certifies that no one who
has or will have any financial interest under this agreement is an
officer or employee of CITY. It is expressly agreed that, in the
performance of the services hereunder, CONTRACTOR shall at all
times be deemed an independent contractor and not an agent or
employee of CITY.
15. INDEMNITY. CONTRACTOR hereby agrees to indemnify and
save harmless CITY, its officers, agents, and employees of and
from:
(a) Any and all claims and demands which may be
made against CITY, its officers, agents, or employees by reason of
any injury to or death of any person or damage suffered or
sustained by any person or ccrporation caused by, or alleged to
have been caused by, any act or omission, negligent or otherwise,
of CONTRACTOR or any subcontractor under this agreement or of
CONTRACTOR's or any subccntractor's employees or agents;
(b) Any and all damage to or destruction of the
property of CITY, its officers, agents, or employees occupied or
used by or in the care, custody, or control of CONTRACTOR, or in
proximity to the site of CONTRACTOR's work, caused by any n--t or
omission, negligent or otherwise, of CONTRACTOR or any
subcontractor under this agreement or of CONTRACTOR's or any
subcontractor's employees or agents.
(c) Any and all claims and demands which may be
made against CITY, its officers, agents, or employees by reason of
any .injury to or death of or damage suffered or sust,�ined by any
employee or agent of CONTRACTOR or any subcontractor under th..;--
agreement, however caused, excepting, however, any such claims and
demands which are the result of the sole negligence or willful
misconduct of CITY, its officers, agents, or employees;
(d) Any and all claims and demands which may be
made against CITY, its officers, agents, or employees by reason of
any infringement or alleged infringement of any patent rights or
claims caused or alleged to have been caused by the sue of any
apparatus, appliance, or materials furnished by CONTRACTOR or any
:.ubcontractor under this agreement; and
(e) Any and all penalties imposed or damages sought
on account of the violation of any law or regulation or of any term
or condition of any permit.
6
CONTRACTOR, at its own cost, expense, and risk,
shall defend any and all suits, actions, or other legal proceedings
that may be brought or instituted by third persons against CITY,
its officers, agents, or employees on any of the above claims or
demands of such third persons, or to enforce any of the above
penalties, and pay and satisfy any judgment or decree that may be
rendered against CITY, its officers, agents, or employees in any
such suit, action, or other legal proceedings.
16. WORKERS' COMPENSATION. CONTRACTOR certifies that it is
aware of the provisions of the Labor Code of the State of
California which require every employer to be insured against
liability for workers' compensation or to undertake self-insurance
in accordance with the provisions of that code, and it certifies
that it will comply with such provisions before commencing the
performance of the work of this agreement.
17. INSURANCE. CONTRACTOR, at its sole cost and expense,
shall obtain and maintain in full force and effect throughout the
entire term of this agreement the insurance coverage of at least a
"B" rating as determined in accordance with the insurance industry
standard, insuring not only CONTRACTOR, but also (with the
exception of workers' compensation and employer's liability
insurance) , CITY, its officers, agents, and employees, and each of
them with respect to activities and services performed by
CONTRACTOR for or on behalf of CITY under the provisions of this
agreement.
Certificates of such insurance, preferably on the
forms provided by CITY, shall be filed with CITY concurrently with
the execution of this agreement or, with CITY's approval, within
ten (10) days thereafter. Said certificates shall be subject to
the approval of the City Attorney and shall contain an endorsement
stating that said insurance is primary coverage and will not be
cancelled or altered by the insurer except after filing with the
City Clerk thirty (30) days' written notice of such cancellation or
alteration, and that the City of Cupertino is named as an
additional insured. Current certificates of such insurance shall
be kept on file at all times during the term of this agreement with
the City Clerk.
18. AGREEMENT BINDING. The terms, covenants, and conditions
of this agreement shall apply to, and shall bind, the heirs,
successors, executors, administrators, assigns, and subcontractors
of both parties.
19. WAIVERS. The waiver by either party of any breach or
violation of any term, covenant, or condition of this agreement or
any provision, ordinance, or law shall not be deemed to be a waiver
of any other term, covenant, condition, ordinance, or law or of any
subsequent breach or violation of the same or of any other term,
covenant, condition, ordinance, or law. The subsequent acceptance
7
by either party of any fee or other money which may become due
hereunder shall not be deemed to be a waiver of any preceding
breach or violation by the other party of any term, covenant, or
condition of this agreement or of any applicable law or ordinance.
20. COSTS AND ATTORNEYS FEES. The prevailing party in any
action brought to enforce the terms of this agreement or arising
out of this agreement may recover its reasonable costs and
attorneys' fees expended in connection with such an action from the
other party.
21. NONDISCRIMINATION. No discrimination shall be made in
the employment of persons under this agreement because of the race,
color, national origin, ancestry, religion or sex of such person.
If the value of this agreement is, or may be, Five Thousand Dollars
($5,000) or more, CONTRACTOR agrees to meet all requirements of the
Cupertino Municipal Code pertaining to nondiscrimination in
employment and to complete and submit the "Compliance
Report--Nondiscrimination Provisions of City of Cupertino
Contracts" on the form furnished by CITY.
If CONTRACTOR is found in violation of the
nondiscrimination provisions of the State of California Fair
Employment Practices Act or similar provisions of federal law or
executive order in the performance of this agreement, it shall
thereby be found in material breach of this agreement. Thereupon,
CITY shall have the power to cancel or suspend this agreement, in
whole or in part, or to deduct from the amount payable to
CONTRACTOR the sum of Twenty-five Dollars ($25) for each person for
each calendar day during which said person was discriminated
against, as damages for said breach of contract, or both. Only a
finding of the State of California Fair Employment Practices
Commission or the equivalent federal agency or officer shall
constitute evidence of a violation of contract under this
paragraph.
If CONTRACTOR is found in violation of the
nondiscrimination provisions of this agreement or the applicable
affirmative action guidelines pertaining to this agreement,
CONTRACTOR shall be found in material breach of this agreement.
Thereupon, CITY shall have the power to cancel or suspend this
agreement, in whole or in part, or to deduct from the amount
payable to CONTRACTOR the sum of Two Hundred Fifty Dollars ($250)
for each calendar day during which CONTRACTOR is found to have been
in such noncompliance as damages for said breach of contract, or
both.
22 . AGREEMENT CONTAINS ALL UNDERSTANDINGS. This document
represents the entire and integrated agreement between CITY and
CONTRACTOR and supersedes all prior negotiations, representations,
or agreements, either written or oral. This document may be
amended only by written instrument, signed by both CITY and
8
CONTRACTOR. All provisions of this agreement are expressly made
conditions. This agreement shall be governed by the laws of the
State of California.
IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this
agreement the day and year first above written.
ATTEST: CITY OF CUPERTINO
City Clerk ✓ Mayor, City of Cu r no
APPROVED AS TO FORM:
f
"y Attorney
CONTRACTOR: BEALS LANDSCAPE ARCHITECTURE INCORPORATED
By: OUOk2�u�-
Mm U. Wow{o A S4 . Sw ass 49 511s
Address
CoLd
Telephone
4%4 -Z 11 1(AT
Social Security number
or
Tax I.D. number
9
EXHIBIT A
SCOPE OF WORK
CITY OF CUPERTINO - 8 SCHOOL. SITES
Consultant shall provide the following services in the execution of this contract.
MASTER PLANNING PHASE: The following services shall be performed for all eight project sites
in accordance with the schedule shown in Exhibit°C•, Project Schedule.
1. PROJECT PROGRAMMING
A. Work with the City to establish a core decision making group(TASK FORCE)to be involved
with design decisions and direction.
B. Work with the City to develop a detailed project schedule that identifies project milestones,
Task Force meeting dates and target dates for Board, Commission and Council
presentations.
C. Document existing site conditions.
1. Assemble and review available plans from C.U.S.D. for all sites.
2. Coordinate with C.U.S.D. architect to obtain any available information on the sites,
including, but not limited to, aerial photographs, topographic maps and improvement
plans.
3. Following review of information, determine any additional project needs and specific
survey needs of each site.
4. Review specific site needs with the civil engineering subconsultant and instruct
subconsultant to prepare paper boundary and topographic survey.
5. Identify existing site utilities for each site provided from the City, Water Companies,
Sanitary, Cable Companies and P.G.B E.
D. One meeting with the Youth Sports Advisory Committee to review the program outline.
E. Project Programming: Review the preliminary program outline provided by the City and
develop a written program statement for each site.
F. Develop preliminary existing conditions site plan from data available through the School
District (and their architects) and the City.
A-1 P91.21,.,C-A
13F;�Ot,ti R( `IIIT1?('TURI., INC.
Exhibit 'A'
City of Cupertino - 8 School Sites
September 30, 1991
11. ANALYSIS AND DESIGN
A. Consultant, City and District representatives shall walk said school sites to review on-site
conditions, constraints and program requirements, and shall assemble a list of information
required from the Task Force.
B. Complete site and visual analysis and identify opportunities and constraints.
C. Prepare a constraints diagram prior to the initial meeting of the Task Force.
D. Attend the initial meeting with the Task Force to review the project opportunities and
constraints. The goals of the meeting are to establish the preliminary program needs; to
develop a series of questions for Task Force members;and to prepare a final work plan and
schedule for WI community and agency meetings and presentations, which shall confirm
project goats and milestones.
E. Attend information gathering meetings with the neighborhood at local schools,fourteen(14)
maximum).
F. Refine the program and develop schematic plans for park improvements that identify the
location of proposed facilities and open space areas. Consultant shall prepare a total not
to exceed sixteen (16) alternative plans for the eight (8) school sites.
G. Attend a second Task Force meeting to present the schematic designs and obtain input for
modification.
H. Develop one final schematic plan for each site including a budget estimate for cons":ruc.Kion.
I. Meet with City staff to review the plan and budget estimate.
J. Prepare one rendered plan and present the design at neighborhood meeting as required,
maximum six (6).
K Present rendered plan to Parks and Recreation Commission (three meetings).
L Attend a third Task Force meeting to present the final plan with citizen input and obtain
direction for finalization of the Master Plan.
M. Prepare one final rendered Master Plan and Statement of Probable Construction Cost.
A-2 P91-24.�-A
Exhibit 'A'
City of Cupertino - 8 School Sites
September 30, 1991
Ill. APPROVAL PROCESS
A. Present the Final Master Plan to the following approval bodies to gain comments and
approval:
1. Task Force ( 1 meeting )
2. Parks and Recreation Commission (3 meetings)
3. School District Board (3 meetings)
B. Reviso the Master Plan and Statement of Probable Construction Costs based on comments
received at the Task Force meeting and public hea:ings and prepare one rendered board.
G. Present the Final Plan to City Council (3 meetings).
IV. MEETING AND PRESENTATIONS: Due to the preparation of plans for eight school sites it will
be necessary to hold multiple meetings and presentations at each level of completion and
approval. The following total number of meetings are included in the Scope of Work.
A. PROJECT PROGRAMMING:
1. Youth Sports Advisory Meeting: 1 each, 4 hour meeting ( 8 sites).
B. ANALYSIS AND DESIGN:
1. Joint C.U.S.D. and City of Cupertino site waik;2 each,4 hour meetings (4 sites each).
2. Task Force Meetings.
a. INITIAL MEETING -3 TOTAL
1 -3 hour meeting (2 Jr.H. sites )
1 -3 hour meeting (3 sites)
1 - 3 hour meeting (3 sites)
b. SECOND MEETING -3 TOTAL
1 -3 hour meeting (2 Jr.H. sites)
1 -3 hour meeting {3 sites)
1 -3 hour meeting (3 sites)
a THIRD MEETING - 3 TOTAL
1 -3 hour meeting (2 Jr.H. sites)
1 -3 hour meeting (3 sites)
1 -3 hour meeting (3 sites)
? P91-24.�-A
1tFAI'S LAN I)S(', PF' AW '111`11"A '1't'RF', IN( '.
Exhibit"A'
City of Cupertino-8 School Sites
September 30, 1991
3. CITY STAFF REVIEW MEE71NGS - 1 each, 4 hour meebir,, 3 sites @ 1/2 hour eact;l
4. NEIGHBORHOOD PRESENTATIONS - 14 total; 1 each, 2 hour evening meeting for
each school site (8 total) and up to six (6) additional 2 hour meetings as required.
C. APPROVAL.PROCESS
1. TASK FORCE: 1 each, 4 hour meeting (8 sites @ 1/2 hour each)
2. PARKS AND RECREATION COMMISSION:4 each,2 hour meetings(2 X 3 sites @ 1/2
hour each) and 2 each, 1 hour meetings (2 X 2 sites(p 1/2 hr. each)
3. C.U.S.D. SCHOOL BOARD: 3 each, 2 hour meetings
4. CITY COUNCIL 3 each, 2 hour meetings
A-4 P91-24aX-A
Exhibit W
City of Cupertino-a School Sites
September 30, 1991
PLANS & SPECIFICATIONS PHASE: The following services shall be performed as three (3) sets of
packages in accordance with the schedule shown on Exhibit V, Project Schedule. These packages
specifically exclude coordination with or preparation of any documents for O.S.A. eview or approval.
Each package will contain the following steps.
1. STEP ONE: FINITE DESIGN
A. Meet with City staff to review the Master Plan and develop a lift of finite design criteria as
a basis for the final design plan.
B. Complete selection of basic materials and project components (i.e.: backstops, bleachers,
benches, fitness cluster, site furniture, irrigation equipment, etc.) for the site plan.
C. Enlarge ares of detailed design to verify site plan. This may include apparatus, picnic and
play areas, baseball diamonds and backstops.
D. Meet with City staff(and School District simultaneously if required)to review site materials.
E. Complete the finite design plans including:
1. Site Layout Plan
2. Site Grading Plan
3. Site Utilities Plan
4. Restroom Building
il. STEP TWO: PLANS& SPECIFICATIONS
Following the receipt of the survey and approval of the finite design plan, we will prepare plans
and specifications for bidding and construction. The following outlines the work to be completed
by requested submittal package. Packages may vary depending on the needs of each school
site.
A. Preparation of 70%submittal set.
1. Develop final base plan based on approved finite design plan.
2. Prepare a set of drawings on 30 X 42 sheets to enable City review of the construction
procedures and methodology, maierial selection and construction detailing.
a. Layout Plan (90%)
b. Reference Plan (90%)
A-5 P91-24dc-A
BEALS LANDSCAPL' AKC'IIITI CCI'RE, INC.
Exhibit Ok
City of Cupertino-8 School Sites
September 30, 1991
c. Utilities Plan (90%)
d. Grading and Drainage Plan (90%)
e. Pony/Softball Layout and Reference (90%)
f. Little League Baseball Layout and Reference (90%)
g. General Sports details(rough)
h. School Spoils details(rough)
I. Paste-up construction details (rough)
j. Restroom/Conce..,,slon/Storage Building (90%)
k. Irrigation Plan (rough)
1. Planting Plan (rough)
m. Irrigation and Planting details (90%)
3. Draft Technical Specifications
4. Statement of Probable Construction Cost (a0%)
S. Submit 70% set to City for review and comments prior to beginning preparation of
100%submittal.
B. Preparation of 100% submittal set.
1. Prepare a set of drawings that includes all 70%drawing to 100%level and includes the
following additions.
a. Cover Sheet
b. Existing oonditions/demolkion
2. Final Specifications
3. Statement of Probable Construction Cost (100%)
4. Submit 100% set to City
A-6 P91-24*C-A
REAL,S LANDSCAPE' ARCHITECTURE. INC.
Exhibit 'A'
City of Cupertino - 8 School Sites
September 30, 1991
CONSTRUCTION ADMINISTRATION PHASE: Complete the following Construytion
Administration Services for each of the school parks to be constructed. It assumes the City will provide
an inspector for each set of parks to be constructed.
I. ADMINISTRATION:
.k Attend pre-bid meeting.
B. Answer questions during bidding.
C. Attend pre-construction meeting.
D. Review and process submittals and.shop drawings.
E. Site visit reports for each site observation.
II. SITE OBSERVATIONS:
A. Provide weekly site observations during project construction.
B. Review of completed project prior to start of maintenance.
C. Review of maintenance prior to turnover to the City.
DELIVERABLE PRODUCTS: The following products shall be turned in to the City for review by
phase:
1. MASTER PLANNING PHASE
A. Project Programming
1. Detailed project schedule ( 1 only }
2. Topographic survey ( 1 each site)
3. Written program statement ( 1 each site)
4. Preliminary existing conditions site plan ( 1 each site )
A-7 P91-24.X-A
Bh„ LS INC.
Exhibit OK
City of Cupertino-8 School Sites
September 30, 1991
B. Analysis & Design
1. Constraints diagram ( 1 each site)
2. Rendered schematic alternative plans ( 16 maximum)
3. Final schematic plans and budget estimate for City review ( 1 each site)
4. Rendered final schematic plans for neighborhood and Parks and Recreation
Commission presentation ( 1 each site)
5. Final rendered Master Plan and budget estimate ( 1 each site)
C. Approval Process
1. Revised rendered Master Plan and final budget estimate ( 1 each site)
11. PUNS & SPECIFICATIONS PHASE
A. Finite Design: 5 copies each
1. Material selection list'and manufacturers cut-sheets
2. Finite design plans
a. Site layout plan
b. Site grading plan
c. Site utilities plan
d. Restroom building plan and elevations.
B. Plans &Specifications: 5 sets each
1. 70% submittal
a. Plans
b. Technical specifications
c. Statement of probable construction cost
2. 100% submittal
a. Plans
b. Technical specifications
c. Statement of probable construction cost
i
A-8 P91-24V(-A
BEIALS LANDS("APF, ARt'I- ITEI,CTUR1 , INC.
EXHIBIT E
COMPENSATION & PAYMENT SCHEDULE
CITY OF CUPERTINO - 8 SCHOOL SITES
The City of Cupertino shall pay Consultant fees as stipulated herein for services required pursuant to this
Agreement. The fees shall be divided into three phases; Master Planning, Plans and Specifications, and
Construction Administration. The Master Plan phase shall be a fixed fee divided into direct personnel
expenses, consultant expenses, and reimbursables.
Compensation for the Plans and Specifications Phase shall be on a percentage basis. For the purpose
of this contract, the percentage shall be 6% of total estimated construction costs for direct labor and
consultants. The exact percentage by school shall be negotiated following completion of the Master
Plans, the number of bid packages and the hourly rate at that time. Reimbursable expenses shall be a
maximum of 10% of the construction document fee.
Compensation for Construction Administration services shall be on a time and material basis, using the
'Charge Rate Schedule' in effect at the time of construction.
MASTER PLAN PHASE: The following Is an estimate of how the fee will be broken out by portion of
work as a guide for payment only. Actual billings will be based on time expended pursuant to that shown
under statements. The fee includes direct labor costs, general ovorhead and profit.
B-1 P91-24X-B
111"IkI.s I.ANDSCAPl: _elt( '1tl'I'1� ("1't_ Itl:, INC.
Exhibit 'B'
City of Cupertino - 8 School Sites
September 30, 1991
PROJECT PROGRAMMING 13,500.00
ANALYSIS AND DESIGN 48,400.00
APPROVAL PROCESS 10,800.00
TOTAL DIRECT PERSONNEL EXPENSES 72,700.00
CONSULTANT EXPENSES: This fee includes all costs related to professional sub-consultant services
for this project. These shall be completed on a not-to-exceed basis by discipline.
Civil Engineering 44,473 X 1.2 53,368.00
TOTAL CONSULTANT EXPENSES 53,368.00
REIMBURSABLES: This fee includes reimbursable expenses including blueprints and reproductions,
travel and mileage, photography and consultants. This shall be based on a not-to-exceed figure.
TOTAL REIMBURSABLES 5,000.00
TOTAL MASTER PLAN FEE: 131,068.00
*Note: Optional surveying to be provided as an addition to the base amount shown above at the request
of the City.
Monument Boundary Survey's - (7 sites) 13,412.00
Aerial Topography- (7 sites) 9,240.00
OPTIONAL TOTAL 22,652.00
B-2 P91-24.�-B
Exhibit•B'
City of Cupertino- B School Sites
September 30, 1991
STATEMENTS: Statements will be submitted to the City of Cupertino by the 5th of the month for work
completed through the 25th of the previous month. The City of Cupertino agrees to pay said statements
in accordance with the parameters of the payment schedule as outlined by City policy. Statements will
itemize the hours by level and task for Direct Personnel Expenses, hours by level and task for ea,:h
consultant, and receipts for Reimbursable Expenses.
ADDITIONAL SERVICES: Any services in addition to those stated under Scope of Services (Exhibit A)
shall not be allowed without written request and authorization by the City of Cupertino. To receive
addition:ai compensation,Consultant shall submit a fee for said services stating the reason for the request
and hours by rate to complete the work.
The services to be provided under this Agreement may be halted or postponed at any point in time at the
sole and exclusive discretion of the City of Cupertino.In this event,the City of Cupertino shall compensate
the Consultant for all outstanding costs incurred to date of written notice thereof and terminate this
Agreement. Consultant shall maintain adequate records in order to verify costs incurred to date.
3-3 P91-24.x-B
BE-ALS
DEALS LANDSCAPE ARCHITECTURE, INC.
CHARGE RATE SCHEDULE
The following chart outlines the current charge rate for professional and office costs.
Reimbursable rates and expenses are shown at the bottom. All hourly rates are subject
to revision on the date noted below.
Principal $85.00 per hour
Senior Designer/Project Manager $65.00 per hour
Junior Designer/Job Captain $50.00 per hour
Senior Draftsperson $40.00 per hour
Junior Draftsperson $30.00 per hour
Word Processor $30.00 per hour
REIMBURSABLE RATES
Blueprints and Reproductions Cost plus 20%
Transportation $.30 per mile
Sub Consultant Services Cost plus 20%
REIMBURSABLE EXPENSES
Blueprints and Reproductions Travel Expenses
Photography Parking and Toll Expenses
Models and Renderings Permit Fees
Promotional Brochures Long Distance Calls
Subject to revision October 1, 1992
I EIALS Lail SCA11FIBW('Ill'1'E( "Td'RE. INC. P91-24.x-B
EE.DEN INC
CHARGE RATE SCHEDULE
SERVICE HOURLY RATE
PRINCIPAL $ 125.00
CHIEF PROJECT ENGINEER 85.00
SR. PROJECT ENGINEER 68.00
DESIGN/DRAFT 53.00
CADD 48.50
DRAFT 46.00
CLERICAL 30.00
r.
BE.ALS l,i%NI)SCAPEBK(.'HI"I'Fi C'I'L'RE. INC. P91-24.x-s
Brian Kangas-Fnrrlk
PROFESSIONAL PERSONNEL SERVICE FEES
JULY 16, 1991 - JULY 15, 1992
PERSONNEL HOURLY RATE
Principal $ 115.00
Principal Associate 110.00
Senior Project Manager 97.00
Senior Engineer 88.00
Project Manager 83.00
Associate Engineer 76.00
Assistant Engineer 67.00
Junior Engineer 57.00
Planning Director 81.00
Associate Planner 69.00
Assistant Planner 60.00
Planning Assistant 45.00
Engineering Technician III 67.00
Engineering Technician 11 61.00
Engineering Technician 1 56.00
Draftsperson IV 58.00
Draftsperson 111 54.00
Draftsperson 11 48.00
Draftsperson 1 42.00
Supervisor of Surveys 83.00
Project Surveyor 75.00
Field Engineer 75.00
2-Person S,jrvey Party 145.00
3-Person Survey Party 177.00 - 214.00
(1st period Apprentice through Journeyman)
Administrative Assistant 35.00
Computer 18.00
Consultants retained directly by Brian Kangas Foulk are subject to a
10% Service Fee.
0.833% interest per month will be charged on past due accounts.
Mileage will be charged at $0.25/Mile
Hourly rates are anticipated to increase by 4% after July 15, 1992.
r
EXHIBIT C1,
CITE'OF CUPERTINO-8 SCHOOL SITES
ITEM TENTATIVE WEM FROM NTP
DATES TO COMPLETION
1. PROJECT PROGRAMMING
NTP 10/22/91
Project gig-up, 10/22--11/1 1
Document(e)Cond.
Assemble Plans/Rev. 11/1-11116 3
CUSD Arch.Coord. 11/8-11115 3
Civil Information 11/8.11/17 12
utility Information 11/8-11/22 4
Written Program 11/22-11/29 5
Develop Bases 11/22-11/29 5
Y.S,A.C.Meeting 12/3/91 6
11.ANALYSIS&DESIGN
Site Visits 11/29-12/6 6
Constraints
A 1216-12/20 8
B 12113-12127 9
C 12120-1/3 10
Task Force
p 1/9/92 11
B 1/16/92 12
C 1/23/92 13
Neighborhood Meeting
#1 1/7/92 11
#2 1/14/92 12
#3 1/21/92 13
#4 1/28/92 14
05 2/4/92 15
#6 2/11/92 16
#7 2/18/92 17
#8 2/25192 18
Alternatives
A 1/14-2/6 15
B 2/4-2/27 18
C 2-25-3/12 20
Task Force II
A 216/92 15
B PJ27/92 18
C 3/12/92 20
Final Schematics
A 216-3/3 19
B 2/27.3/17 21
C 3/12-W31 23
City Staff
A 3131192 23
Neighborhood Meeting
#1 313192 19
#2 3/10/92 20
#3 3/17/92 21
#4 3124192 22
#5 3/31/92 23
#6 4/7/92 24
• EXHIBIT C9-
CITY OF CUPERTINO-8 SCHOOL SITES
ITEM TENTATIVE WEEKS FROM NTP
DATES TO COMPLETION
Parke&Rec.Committee
A 3/5/92 19
B 3/19/92 21
C 4/2/92 23
Task Force III
A 3/17/92 21
B 3/31/92 23
C 4/14/92 25
Final Master Plan
A 3/17.3/31 23
S 3/31-4/14 25
C 4/14-4/28 27
III.APPROVAL PROCESS
Task Force
Parks&Rec.Committee
A 4/14/92 25
B 5/7/92 28
C 6/4/92 32
School Board
A 4/28/92 27
B 5/26/92 31
C 6/23/92 35
City Council
A 6/11/92 29
B 6/8/92 33
C 7/6/92 37
IV.WORIONG DRAWINGS
A. 35% Submittal 5/18-6/3 36
Review 6/3-6/17 38
70% Submittal 6/17-8/14 42
Review 8/14-8/28 44
100%Submittal 8/28-9/18 48
B. 35% Submittal 9/18-10/9 51
Review 10/9-10/23 53
70% Submittal 10/23-11/3 56
Review 11/13-11/27 58
100%Submittal 11/27-12/18 61
C. 35% Submittal 12118-1/15 64
Review 1/15-1/29 66
70% Submittal 1/29-2/19 69
Review 2/19-3/6 71
100%Submittal 3/"/26 74
CITY OF CUPERTINO
INTERDEPARTMENTAL Date Nov. 5, 1991
To CITY CLERK From PUBLIC WORKS--Sumi
❑ Information MESSAGE: Contract for Architectural Services (CC 11/4/91)
❑ Implement Eight School Sites
❑ Investigate i
❑ Discuss Transmitted for processpfire three sets of agreement.
See me
❑ Reply
Contractor: Jay Beals
Beals Landscape Architecture, Inc.
- 9-Naa—North arket.-stream- -
San Jose, CA 95113
Reply: ^_ sm ,--
attach.
SIGNED: DATE
Forward part 1 Retain part 2