08-08-15 Searchable packet AmendedCITY OF CUPERTINO
AGENDA
Tuesday, August 18, 2015
10300 and 10350 Torre Avenue
CITY COUNCIL
6:00 PM
Non-televised Closed Session (6:00) Followed by Televised Meeting (6:45)
AMENDED
Amended on 8/13/15 to revise Item No. 13 Staff Report and Recommended Action
and Item No. 18 Staff Report, Recommended Action, and Exhibit B; and to add
new Item No. 19a.
CLOSED SESSION - 6:00 PM
10300 Torre Avenue, City Hall Conference Room A
1.Subject: Workers' Compensation Claim (Gov't Code Section 54956.95).
Claimant: Russell Polito. Agency Claimed Against: City of Cupertino
2.Subject: Workers' Compensation Claim (Gov't Code Section 54956.95).
Claimant: Marcos Kubow. Agency Claimed Against: City of Cupertino
PLEDGE OF ALLEGIANCE - 6:45 PM
10350 Torre Avenue, Community Hall Council Chamber
ROLL CALL
CEREMONIAL MATTERS AND PRESENTATIONS
3.Subject: Present proclamation to the Recreation and Community Services staff
thanking them for their service at the 4th of July activities
Recommended Action: Present proclamation
4.Subject: Presentation from the Parks and Recreation Commission regarding the
Work Plan for Fiscal Year 2015-2016
Recommended Action: Receive the presentation
POSTPONEMENTS
ORAL COMMUNICATIONS
Page 1 CITY OF CUPERTINO
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August 18, 2015City Council AGENDA
This portion of the meeting is reserved for persons wishing to address the council on
any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases,
State law will prohibit the council from making any decisions with respect to a matter
not listed on the agenda.
CONSENT CALENDAR
Unless there are separate discussions and/or actions requested by council, staff or a
member of the public, it is requested that items under the Consent Calendar be acted on
simultaneously.
5.Subject: Approve the August 4 City Council minutes
Recommended Action: Approve the minutes
A - Draft Minutes
6.Subject: Accept Accounts Payable for the period ending July 10, 2015
Recommended Action: Adopt Resolution No. 15-068 accepting Accounts Payable
for the period ending July 10, 2015
A - Draft Resolution
B - AP Report
7.Subject: Accept Accounts Payable for the period ending July 17, 2015
Recommended Action: Adopt Resolution No. 15-069 accepting Accounts Payable
for the period ending July 17, 2015
A - Draft Resolution
B - AP Report
8.Subject: Accept Accounts Payable for the period ending July 24, 2015
Recommended Action: Adopt Resolution No. 15-070 accepting Accounts Payable
for the period ending July 24, 2015
A - Draft Resolution
B - AP Report
9.Subject: Accept Accounts Payable for the period ending July 31, 2015
Recommended Action: Adopt Resolution No. 15-071 accepting Accounts Payable
for the period ending July 31, 2015
A - Draft Resolution
B - AP Report
10.Subject: Accept Accounts Payable for the period ending August 7, 2015
Recommended Action: Adopt Resolution No. 15-072 accepting Accounts Payable
for the period ending August 7, 2015
Page 2 CITY OF CUPERTINO
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August 18, 2015City Council AGENDA
A - Draft Resolution
B - AP Report
11.Subject: League of California Cities Resolution for Sustainable Funding for State
and Local Infrastructure
Recommended Action: Adopt Resolution No. 15-073 urging the state to provide
new sustainable funding for state and local transportation infrastructure.
Staff Report
A - Draft Resolution
12.Subject: Agreement for Consultant Services for the Citywide Parks, Open Space
and Recreation Master Plan
Recommended Action: Authorize the City Manager to negotiate and execute a
consultant services agreement for preparation of a Citywide Parks, Open Space and
Recreation Master Plan Plan for a fee not to exceed $375,000 and authorize a
contingency allowance subject to approval of the City Manager
Staff Report
13.Subject: Civic Center Master Plan Implementation - Master Agreement for
Design Consultant Services and Official Intent Resolution
Recommended Action: 1) Adopt Resolution No. 15-074 to:
a. Authorize the City Manager to negotiate and execute the Master Agreement for
design consultant services with the firm of Perkins+Will for implementation of the
Civic Center Master Plan in substantially similar form as presented to Council; and
b. Authorize the City Manager to negotiate and execute service orders under the
terms of the master agreement for phases of work for which funds have been
appropriated, but in no event, in an amount to exceed Five Million Five Hundred
Thousand Dollars ($5,500,000); and
c. Authorize the City Manager to negotiate and execute other agreements for
professional services to implement the approved Civic Center Master Plan, to the
extent that the funds are appropriated for such purposes, with the following terms
and conditions:
i. for professional services for: building systems engineering, site
investigation and engineering, building project/construction management; interim
move planning and facilitation, and financial advisory;
ii. with a contract term not to exceed two years; and
iii. with cumulative compensation not to exceed Two Million Dollars
($2,000,000).
2) Adopt Resolution No. 15-075 declaring its official intent to reimburse itself
from the proceeds of debt financing for certain expenditures related to the Civic
Center Master Plan Implementation.
Page 3 CITY OF CUPERTINO
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August 18, 2015City Council AGENDA
Staff Report
A - Draft Agreement with P+W for Consultant Design Services
B – Draft Resolution Authorizing Agreements and Service Orders Related to the Civic Center Master Plan Implementation
C – Draft Official Intent Resolution
14.Subject: Consider approval of the Library Commission’s recommendation of
Amanda Williamsen for the appointment of the new Cupertino Poet Laureate
Recommended Action: Adopt Resolution No. 15-076 approving the Library
Commission recommendation and appointing the new Cupertino Poet Laureate
Staff Report
A - Draft Resolution
B - New Poet Laureate Bio
15.Subject: Application for Alcoholic Beverage License for Starbucks #631, 20676
Homestead Road
Recommended Action: Recommend approval of the Alcoholic Beverage License to
the California Department of Alcoholic Beverage Control for Starbucks #631, 20676
Homestead Road
Staff Report
A - Application
16.Subject: Application for Alcoholic Beverage License for Blast 825 Pizza, 10033
Saich Way
Recommended Action: Recommend approval of the Alcoholic Beverage License to
the California Department of Alcoholic Beverage Control for Blast 825 Pizza, 10033
Saich Way
Staff Report
A - Application
17.Subject: Application for Alcoholic Beverage License for Legends Pizza
Company, 19732 Stevens Creek Boulevard
Recommended Action: Recommend approval of the Alcoholic Beverage License to
the California Department of Alcoholic Beverage Control for Legends Pizza
Company, 19732 Stevens Creek Boulevard
Staff Report
A - Application
SECOND READING OF ORDINANCES
PUBLIC HEARINGS
ORDINANCES AND ACTION ITEMS
18.Subject: Contract with Perfect Mind Technology, Inc. for the replacement of the
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August 18, 2015City Council AGENDA
current Recreation and Community Services Enterprise Management System
Recommended Action: a. Authorize the City Manager or his designee to negotiate
and execute a ten year agreement with PerfectMind Technology, Inc. for Recreation
and Community Services Enterprise Management System; and b. Authorize the
appropriation of $360,233 in FY 15-16
Staff Report
A - Implementation Timeline
B- Statement of Work
19.Subject: Response to Call for Projects for Valley Transportation Plan 2040
(VTP 2040) - Originally heard on July 7 brought back for final approval.
Recommended Action: Staff recommends that Council take the following actions:
1) Rescind Resolution No. 15-061 adopted on July 7 and adopt Resolution No.
15-077 supporting the inclusion of a mass transit study, including a prioritization for
initial implementation along the Highway 85 Corridor supporting the inclusion of a
study of long-term mass transit solutions along the Highway 85 Corridor and the
design and construction of near-term solutions; and
2) Provide direction on any additional transportation projects to submit for inclusion
in the Santa Clara Valley Transportation Authority’s (VTA) Valley Transportation
Plan 2040.
Staff Report
A - West Valley/North County Mayor's Letter for Transit Study
B - Draft Mass Transit Project Resolution
C - Draft VTP 2040 Project List
19a.Subject: Appointment to State Route (SR) 85 Corridor Policy Advisory Board
(PAB)
Recommended Action: Appoint one member and one alternate to the SR 85
Corridor PAB
Staff Report
A - Letter from VTA Board Secretary
REPORTS BY COUNCIL AND STAFF
20.Subject: Report on Committee assignments and general comments
Recommended Action: Report on Committee assignments and general comments
ADJOURNMENT
Page 5 CITY OF CUPERTINO
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August 18, 2015City Council AGENDA
The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6;
litigation challenging a final decision of the City Council must be brought within 90
days after a decision is announced unless a shorter time is required by State or Federal
law.
Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested
persons must file a petition for reconsideration within ten calendar days of the date the
City Clerk mails notice of the City’s decision. Reconsideration petitions must comply
with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk’s
office for more information or go to http://www.cupertino.org/index.aspx?page=125 for
a reconsideration petition form.
In compliance with the Americans with Disabilities Act (ADA), anyone who is planning
to attend the next City Council meeting who is visually or hearing impaired or has any
disability that needs special assistance should call the City Clerk's Office at
408-777-3223, 48 hours in advance of the Council meeting to arrange for assistance.
Upon request, in advance, by a person with a disability, City Council meeting agendas
and writings distributed for the meeting that are public records will be made available
in the appropriate alternative format. Also upon request, in advance, an assistive
listening device can be made available for use during the meeting.
Any writings or documents provided to a majority of the Cupertino City Council after
publication of the packet will be made available for public inspection in the City
Clerk’s Office located at City Hall, 10300 Torre Avenue, during normal business hours
and in Council packet archives linked from the agenda/minutes page on the Cupertino
web site.
Members of the public are entitled to address the City Council concerning any item that
is described in the notice or agenda for this meeting, before or during consideration of
that item. If you wish to address the Council on any issue that is on this agenda, please
complete a speaker request card located in front of the Council, and deliver it to the
Clerk prior to discussion of the item. When you are called, proceed to the podium and
the Mayor will recognize you. If you wish to address the City Council on any other item
not on the agenda, you may do so by during the public comment portion of the meeting
following the same procedure described above. Please limit your comments to three (3)
minutes or less.
Page 6 CITY OF CUPERTINO
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:115-1000 Name:
Status:Type:Closed Session Agenda Ready
File created:In control:7/29/2015 City Council
On agenda:Final action:8/18/2015
Title:Subject: Workers' Compensation Claim (Gov't Code Section 54956.95). Claimant: Russell Polito.
Agency Claimed Against: City of Cupertino
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
Subject:Workers'CompensationClaim(Gov'tCodeSection54956.95).Claimant:Russell
Polito. Agency Claimed Against: City of Cupertino
CITY OF CUPERTINO Printed on 8/13/2015Page 1 of 1
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:115-1001 Name:
Status:Type:Closed Session Agenda Ready
File created:In control:7/29/2015 City Council
On agenda:Final action:8/18/2015
Title:Subject: Workers' Compensation Claim (Gov't Code Section 54956.95). Claimant: Marcos Kubow.
Agency Claimed Against: City of Cupertino
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
Subject:Workers'CompensationClaim(Gov'tCodeSection54956.95).Claimant:Marcos
Kubow. Agency Claimed Against: City of Cupertino
CITY OF CUPERTINO Printed on 8/13/2015Page 1 of 1
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:115-0997 Name:
Status:Type:Ceremonial Matters &
Presentations
Agenda Ready
File created:In control:7/28/2015 City Council
On agenda:Final action:8/18/2015
Title:Subject: Present proclamation to the Recreation and Community Services staff thanking them for
their service at the 4th of July activities
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
City Council8/18/20151
Subject:PresentproclamationtotheRecreationandCommunityServicesstaffthankingthem
for their service at the 4th of July activities
Present proclamation
CITY OF CUPERTINO Printed on 8/13/2015Page 1 of 1
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:115-0952 Name:
Status:Type:Ceremonial Matters &
Presentations
Agenda Ready
File created:In control:6/30/2015 City Council
On agenda:Final action:8/18/2015
Title:Subject: Presentation from the Parks and Recreation Commission regarding the Work Plan for Fiscal
Year 2015-2016
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
City Council8/18/20151
Subject:PresentationfromtheParksandRecreationCommissionregardingtheWorkPlanfor
Fiscal Year 2015-2016
Receive the presentation
CITY OF CUPERTINO Printed on 8/13/2015Page 1 of 1
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:115-0693 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:2/18/2015 City Council
On agenda:Final action:8/18/2015
Title:Subject: Approve the August 4 City Council minutes
Sponsors:
Indexes:
Code sections:
Attachments:A - Draft Minutes
Action ByDate Action ResultVer.
City Council8/18/20151
Subject: Approve the August 4 City Council minutes
Approve the minutes
CITY OF CUPERTINO Printed on 8/13/2015Page 1 of 1
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DRAFT MINUTES
CUPERTINO CITY COUNCIL
Tuesday, August 4, 2015
REGULAR CITY COUNCIL MEETING
PLEDGE OF ALLEGIANCE
At 6:45 p.m. Mayor Rod Sinks called the Regular City Council meeting to order in Cupertino
Community Hall Council Chambers, 10350 Torre Avenue and led the Pledge of Allegiance.
ROLL CALL
Present: Mayor Rod Sinks, Vice Mayor Barry Chang, and Council members Darcy Paul, and
Savita Vaidhyanathan. Absent: Gilbert Wong.
CEREMONIAL MATTERS AND PRESENTATION
1. Subject: a. Presentation from Midpeninsula Regional Open Space District Board
member Yoriko Kishimoto regarding Midpen's Open Space Vision Plan; and b. Present
proclamation to Midpeninsula Open Space District
Recommended Action: Receive presentation and present proclamation
Written communications for this item included a PowerPoint presentation and Vision
Plan Summary brochures.
Ward 2 District Director Yoriko Kishimoto and District General Manager Steve Abbors
from MidPeninsula Regional Open Space District made a presentation regarding
MidPen’s Open Space Vision Plan via a PowerPoint presentation. Council received the
presentation.
Mayor Sinks presented a proclamation to the MidPeninsula Open Space District.
POSTPONEMENTS - None
ORAL COMMUNICATIONS - None
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City Council Minutes August 4, 2015
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CONSENT CALENDAR
Sinks moved and Chang seconded to approve the items on the Consent Calendar as
presented with the exception of item numbers 8-11 which were pulled for discussion. Ayes:
Sinks, Chang, Paul, and Vaidhyanathan. Noes: None. Abstain: None. Absent: Wong.
2. Subject: Approve the June 30 City Council minutes
Recommended Action: Approve the minutes
3. Subject: Approve the July 7 City Council minutes
Recommended Action: Approve the minutes
4. Subject: Accept Accounts Payable for the period ending June 12, 2015.
Recommended Action: Adopt Resolution No. 15-062 accepting Accounts Payable for
the period ending June 12, 2015.
5. Subject: Accept Accounts Payable for the period ending June 19, 2015
Recommended Action: Adopt Resolution No. 15-063 accepting Accounts Payable for
the period ending June 19, 2015
6. Subject: Accept Accounts Payable for the period ending June 26, 2015
Recommended Action: Adopt Resolution No. 15-064 accepting Accounts Payable for
the period ending June 26, 2015
7. Subject: Accept Accounts Payable for the period ending July 2, 2015
Recommended Action: Adopt Resolution No. 15-065 accepting Accounts Payable for
the period ending July 2, 2015
8. Subject: A resolution supporting the “No Traffick Ahead” Campaign taking a stand
against human trafficking in the Bay Area
Recommended Action: Adopt Resolution No. 15-066 supporting the “No Traffick
Ahead” Campaign taking a stand against human trafficking in the Bay Area before the
2016 Super Bowl and beyond
Sinks moved and Vaidhyanathan seconded to adopt Resolution No. 15-066 supporting
the “No Traffick Ahead” Campaign taking a stand against human trafficking in the Bay
Area before the 2016 Super Bowl and beyond. The motion carried with Wong absent.
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City Council Minutes August 4, 2015
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Mayor Sinks recused himself from voting on item numbers 9 and 10 and left the dais. Vice
Mayor Chang took over as Chair.
9. Subject: Amendment #1 to the professional services contract with 4Leaf, Inc., for plan
review services for the Apple Campus 2 parking garage project
Recommended Action: 1. Authorize the City Manager to execute Amendment #1 with
4Leaf, Inc., for plan review services for the Apple Campus 2 parking garage project and
adding $95,000 to the original contract of $374,744, for a total amount not to exceed
$469,744 and; 2. Authorize the City Manager to execute contract amendments to the
extent that the costs are recovered from the project applicant
Staff answered questions from Council.
Paul moved and Vaidhyanathan seconded to 1. Authorize the City Manager to execute
Amendment #1 with 4Leaf, Inc., for plan review services for the Apple Campus 2
parking garage project and adding $95,000 to the original contract of $374,744, for a
total amount not to exceed $469,744 and; 2. Authorize the City Manager to execute
contract amendments to the extent that the costs are recovered from the project
applicant. The motion carried with Sinks recusing and Wong absent.
10. Subject: Professional services agreement with 4Leaf, Inc., for building inspection
services for the Apple Campus 2 Phase 2 project
Recommended Action: 1. Authorize the City Manager to execute a professional services
agreement with 4Leaf, Inc., to provide building inspection services for the Apple
Campus 2 Phase 2 project in the amount not to exceed $469,744 and; 2. Authorize the
City Manager to execute contract amendments to the extent that the costs are recovered
from the project applicant
Staff answered questions from Council.
Paul moved and Vaidhyanathan seconded to 1. Authorize the City Manager to execute
a professional services agreement with 4Leaf, Inc., to provide building inspection
services for the Apple Campus 2 Phase 2 project in the amount not to exceed $469,744
and; 2. Authorize the City Manager to execute contract amendments to the extent that
the costs are recovered from the project applicant. The motion carried with Sinks
recusing and Wong absent.
Mayor Sinks returned to the dais.
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City Council Minutes August 4, 2015
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11. Subject: Amendment to the professional services contract with 4Leaf, Inc., for plan
review services for the Main Street project
Recommended Action: 1. Authorize the City Manager to execute Amendment #2 with
4Leaf, Inc. for plan review services for the Main Street project, extending the date of the
contract to June 30, 2016; and 2. Authorize the City Manager to execute contract
amendments to the extent that the costs are recovered from the project applicant
Staff answered questions from Council.
Vaidhyanathan moved and Chang seconded to 1. Authorize the City Manager to
execute Amendment #2 with 4Leaf, Inc. for plan review services for the Main Street
project, extending the date of the contract to June 30, 2016; and 2. Authorize the City
Manager to execute contract amendments to the extent that the costs are recovered
from the project applicant. The motion carried with Wong absent.
12. Subject: Application for Alcoholic Beverage License for Mod Pizza, 10815 North Wolfe
Road, Suite 106
Recommended Action: Recommend approval of the Alcoholic Beverage License to the
California Department of Alcoholic Beverage Control for Mod Pizza, 10815 North
Wolfe Road, Suite 106
13. Subject: Application for Alcoholic Beverage License for 1000 Degrees Pizzeria, 20674
Homestead Road
Recommended Action: Recommend approval of the Alcoholic Beverage License to the
California Department of Alcoholic Beverage Control for 1000 Degrees Pizzeria, 20674
Homestead Road
14. Subject: Application for Alcoholic Beverage License for Rubio's Fresh Mexican Grill,
20688 Stevens Creek Boulevard
Recommended Action: Recommend approval of the Alcoholic Beverage License to the
California Department of Alcoholic Beverage Control for Rubio's Fresh Mexican Grill,
20688 Stevens Creek Boulevard
SECOND READING OF ORDINANCES
15. Subject: An ordinance amending Title 2 of the Cupertino Municipal Code to add
Chapter 2.94 establishing the Sustainability Commission.
Recommended Action: Conduct the second reading and enact Ordinance No. 15-2132:
"An Ordinance of the City Council of the City of Cupertino amending Title 2 of the
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City Council Minutes August 4, 2015
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Cupertino Municipal Code to Add Chapter 2.94 establishing the Sustainability
Commission.”
Staff answered questions from Council.
City Clerk Grace Schmidt read the title of the ordinance.
Paul moved and Chang seconded to read Ordinance No. 15-2132 by title only and that
the City Clerk’s reading would constitute the second reading thereof. Ayes: Sinks,
Chang, Paul, and Vaidhyanathan. Noes: None. Abstain: None. Absent: Wong.
Paul moved and Chang seconded to enact Ordinance No. 15-2132. Ayes: Sinks, Chang,
Paul, and Vaidhyanathan. Noes: None. Abstain: None. Absent: Wong.
PUBLIC HEARINGS - None
ORDINANCES AND ACTION ITEMS
16. Subject: Hearing to approve assessment of fees on private parcels for the annual weed
abatement program
Recommended Action: Conduct hearing and adopt Resolution No. 15-067 approving
the assessment of fees on private parcels for the annual weed abatement program
City Clerk Grace reviewed the staff report.
County Weed Abatement Coordinator Moe Kumre answered questions from Council.
The following individuals spoke on this item:
Siamak Hashemi
William Li
Chang moved and Vaidhyanathan seconded to adopt Resolution No. 15-067 approving
the assessment of fees on private parcels for the annual weed abatement program. The
motion carried with Wong absent.
REPORTS BY COUNCIL AND STAFF
17. Subject: Report on Committee assignments and general comments
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City Council Minutes August 4, 2015
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Recommended Action: Report on Committee assignments and general comments
Council members highlighted the activities of their committees and various
community events.
ADJOURNMENT
At 8:25 p.m., Mayor Sinks adjourned the meeting to a Special Meeting Closed Session on
Friday, August 7, 2015 beginning at 10:00 a.m., Cupertino City Hall Conference Room A.
Note: The next regular meeting will be August 18.
_______________________________
Grace Schmidt, City Clerk
Staff reports, backup materials, and items distributed at the City Council meeting are
available for review at the City Clerk’s Office, 777-3223, and also on the Internet at
www.cupertino.org. Click on Agendas & Minutes, then click on the appropriate Packet.
Most Council meetings are shown live on Comcast Channel 26 and AT&T U-verse Channel 99
and are available at your convenience at www.cupertino.org. Click on Agendas & Minutes,
and then click Archived Webcast. Videotapes are available at the Cupertino Library, or may
be purchased from the Cupertino City Channel, 777-2364.
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:115-1003 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:7/29/2015 City Council
On agenda:Final action:8/18/2015
Title:Subject: Accept Accounts Payable for the period ending July 10, 2015
Sponsors:
Indexes:
Code sections:
Attachments:A - Draft Resolution
B - AP Report
Action ByDate Action ResultVer.
City Council8/18/20151
Subject: Accept Accounts Payable for the period ending July 10, 2015
Adopt Resolution No. 15-068 accepting Accounts Payable for the period ending July 10, 2015
CITY OF CUPERTINO Printed on 8/13/2015Page 1 of 1
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN
THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED
FOR GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD
ENDING
July 10, 2015
WHEREAS, the Director of Administrative Services or her designated
representative has certified to accuracy of the following claims and demands and
to the availability of funds for payment hereof; and
WHEREAS, the said claims and demands have been audited as required
by law.
NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby
allows the following claims and demands in the amounts and from the funds as
hereinafter set forth in the attached Payment Register.
CERTIFIED: _____________________________
Lisa Taitano, Finance Manager
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Cupertino this 18th day of August, 2015, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
_________________________ ________________________
Grace Schmidt, City Clerk Rod Sinks, Mayor, City of Cupertino
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:115-1005 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:7/29/2015 City Council
On agenda:Final action:8/18/2015
Title:Subject: Accept Accounts Payable for the period ending July 17, 2015
Sponsors:
Indexes:
Code sections:
Attachments:A - Draft Resolution
B - AP Report
Action ByDate Action ResultVer.
City Council8/18/20151
Subject: Accept Accounts Payable for the period ending July 17, 2015
Adopt Resolution No. 15-069 accepting Accounts Payable for the period ending July 17, 2015
CITY OF CUPERTINO Printed on 8/13/2015Page 1 of 1
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN
THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED
FOR GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD
ENDING
July 17, 2015
WHEREAS, the Director of Administrative Services or her designated
representative has certified to accuracy of the following claims and demands and
to the availability of funds for payment hereof; and
WHEREAS, the said claims and demands have been audited as required
by law.
NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby
allows the following claims and demands in the amounts and from the funds as
hereinafter set forth in the attached Payment Register.
CERTIFIED: _____________________________
Lisa Taitano, Finance Manager
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Cupertino this 18th day of August, 2015, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
_________________________ ________________________
Grace Schmidt, City Clerk Rod Sinks, Mayor, City of Cupertino
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:115-1004 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:7/29/2015 City Council
On agenda:Final action:8/18/2015
Title:Subject: Accept Accounts Payable for the period ending July 24, 2015
Sponsors:
Indexes:
Code sections:
Attachments:A - Draft Resolution
B - AP Report
Action ByDate Action ResultVer.
City Council8/18/20151
Subject: Accept Accounts Payable for the period ending July 24, 2015
Adopt Resolution No. 15-070 accepting Accounts Payable for the period ending July 24, 2015
CITY OF CUPERTINO Printed on 8/13/2015Page 1 of 1
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN
THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED
FOR GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD
ENDING
July 24, 2015
WHEREAS, the Director of Administrative Services or her designated
representative has certified to accuracy of the following claims and demands and
to the availability of funds for payment hereof; and
WHEREAS, the said claims and demands have been audited as required
by law.
NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby
allows the following claims and demands in the amounts and from the funds as
hereinafter set forth in the attached Payment Register.
CERTIFIED: _____________________________
Lisa Taitano, Finance Manager
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Cupertino this 18th day of August, 2015, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
_________________________ ________________________
Grace Schmidt, City Clerk Rod Sinks, Mayor, City of Cupertino
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:115-1027 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:8/10/2015 City Council
On agenda:Final action:8/18/2015
Title:Subject: Accept Accounts Payable for the period ending July 31, 2015
Sponsors:
Indexes:
Code sections:
Attachments:A - Draft Resolution
B - AP Report
Action ByDate Action ResultVer.
City Council8/18/20151
Subject: Accept Accounts Payable for the period ending July 31, 2015
Adopt Resolution No. 15-071 accepting Accounts Payable for the period ending July 31, 2015
CITY OF CUPERTINO Printed on 8/13/2015Page 1 of 1
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN
THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED
FOR GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD
ENDING
Jul 31, 2015
WHEREAS, the Director of Administrative Services or her designated
representative has certified to accuracy of the following claims and demands and
to the availability of funds for payment hereof; and
WHEREAS, the said claims and demands have been audited as required
by law.
NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby
allows the following claims and demands in the amounts and from the funds as
hereinafter set forth in the attached Payment Register.
CERTIFIED: _____________________________
Lisa Taitano, Finance Manager
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Cupertino this 18th day of August, 2015, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
_________________________ ________________________
Grace Schmidt, City Clerk Rod Sinks, Mayor, City of Cupertino
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:115-1023 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:8/10/2015 City Council
On agenda:Final action:8/18/2015
Title:Subject: Accept Accounts Payable for the period ending August 7, 2015
Sponsors:
Indexes:
Code sections:
Attachments:A - Draft Resolution
B - AP Report
Action ByDate Action ResultVer.
City Council8/18/20151
Subject: Accept Accounts Payable for the period ending August 7, 2015
AdoptResolutionNo.15-072acceptingAccountsPayablefortheperiodendingAugust7,
2015
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN
THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED
FOR GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD
ENDING
August 7, 2015
WHEREAS, the Director of Administrative Services or her designated
representative has certified to accuracy of the following claims and demands and
to the availability of funds for payment hereof; and
WHEREAS, the said claims and demands have been audited as required
by law.
NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby
allows the following claims and demands in the amounts and from the funds as
hereinafter set forth in the attached Payment Register.
CERTIFIED: _____________________________
Lisa Taitano, Finance Manager
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Cupertino this 18th day of August, 2015, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
_________________________ ________________________
Grace Schmidt, City Clerk Rod Sinks, Mayor, City of Cupertino
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:115-1028 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:8/11/2015 City Council
On agenda:Final action:8/18/2015
Title:Subject: League of California Cities Resolution for Sustainable Funding for State and Local
Infrastructure
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Draft Resolution
Action ByDate Action ResultVer.
City Council8/18/20151
Subject:LeagueofCaliforniaCitiesResolutionforSustainableFundingforStateandLocal
Infrastructure
AdoptResolutionNo.15-073urgingthestatetoprovidenewsustainablefundingforstateand
local transportation infrastructure.
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1
PUBLIC AFFAIRS
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA
95014-3255 TELEPHONE: (408) 777-3262 •
FAX: (408) 777-3366
CITY COUNCIL STAFF REPORT
Meeting: August 18, 2015
Subject
League of California Cities Resolution for Sustainable Funding for State and Local
Infrastructure
Recommended Action
Adopt the Draft Resolution urging the state to provide new sustainable funding for
state and local transportation infrastructure.
Description
Governor Edmund G. Brown, Jr. has called an extraordinary session to address the
immense underfunding of California’s transportation infrastructure. Cities and counties
own and operate more than 81 percent of streets and roads in California, and from the
moment we open our front door to drive to work, bike to school, or walk to the bus
station, people are dependent upon a safe, reliable local transportation network.
The League of California Cities has participated in efforts with the California State
Association of Counties and California’s Regional Transportation Planning Agencies to
study unmet funding needs for local roads and bridges, including sidewalks and other
essential components. The resulting 2014 California Statewide Local Streets and Roads
Needs Assessment, which provides critical analysis and information on the local
transportation network’s condition and funding needs, indicates that the condition of the
local transportation network is deteriorating as predicted in the initial 2008 study. The
results show that California’s local streets and roads are on a path of significant decline.
On a scale of zero (failed) to 100 (excellent), the statewide average pavement condition
index (PCI) is 66, placing it in the “at risk” category where pavements will begin to
deteriorate much more rapidly and require rehabilitation or rebuilding rather than more
cost-effective preventative maintenance if funding is not increased; and
The Board of Directors of the League of California Cities strongly urges the Governor
and Legislature to identity a sufficient and stable funding source for local street and road
110
2
and state highway maintenance and rehabilitation to ensure the safe and efficient
mobility of the traveling public and the economic vitality of California.
The League strongly urges the Governor and Legislature to adopt the following
priorities for funding California’s streets and roads.
1. Make a significant investment in transportation infrastructure. Any package
should seek to raise at least $6 billion annually and should remain in place for at
least 10 years or until an alternative method of funding our transportation system
is agreed upon.
2. Focus on maintaining and rehabilitating the current system. Repairing
California’s streets and highways involves much more than fixing potholes. It
requires major road pavement overlays, fixing unsafe bridges, providing safe
access for bicyclists and pedestrians, replacing storm water culverts, as well as
operational improvements that necessitate the construction of auxiliary lanes to
relieve traffic congestion choke points and fixing design deficiencies that have
created unsafe merging and other traffic hazards. Efforts to supply funding for
transit in addition to funding for roads should also focus on fixing the system
first.
3. Equal split between state and local projects. We support sharing revenue for
roadway maintenance equally (50/50) between the state and cities and counties,
given the equally-pressing funding needs of both systems, as well as the
longstanding historical precedent for collecting transportation user fees through a
centralized system and sharing the revenues across the entire network through
direct subventions. Ensuring that funding to local governments is provided
directly, without intermediaries, will accelerate project delivery and ensure
maximum accountability.
4. Raise revenues across a broad range of options. Research by the California
Alliance for Jobs and Transportation California shows that voters strongly
support increased funding for transportation improvements. They are much
more open to a package that spreads potential tax or fee increases across a broad
range of options, including fuel taxes, license fees, and registration fees, rather
than just one source. Additionally, any package should move California toward
an all-users pay structure, in which everyone who benefits from the system
contributes to maintaining it – from traditional gasoline-fueled vehicles, to new
hybrids or electric vehicles, to commercial vehicles.
111
3
5. Invest a portion of diesel tax and/or cap & trade revenue to high-priority goods
movement projects. While the focus of a transportation funding package should
be on maintaining and rehabilitating the existing system, California has a critical
need to upgrade the goods movement infrastructure that is essential to our
economic well-being. Establishing a framework to make appropriate investments
in major goods movement arteries can lay the groundwork for greater
investments in the future that will also improve air quality and reduce
greenhouse gas emissions.
6. Strong accountability requirements to protect the taxpayers’ investment. Voters
and taxpayers must be assured that all transportation revenues are spent
responsibly. Local governments are accustomed to employing transparent
processes for selecting road maintenance projects aided by pavement
management systems, as well as reporting on the expenditure of transportation
funds through the State Controller’s Local Streets and Roads Annual Report.
7. Provide Consistent Annual Funding Levels. Under current statute, the annual
gas tax adjustment by the Board of Equalization is creating extreme fluctuations
in funding levels -- a $900 million drop in this budget year alone. A transportation
funding package should contain legislation that will create more consistent
revenue projections and allow Caltrans and transportation agencies the certainty
they need for longer term planning. While this change would not provide any
new revenue to transportation, it would provide greater certainty for planning
and project delivery purposes.
Prepared by: Colleen Lettire, Office Assistant
Reviewed by: Rick Kitson, Public Affairs Director
Approved for Submission by: David Brandt, City Manager
Attachments:
A – Draft Resolution
112
RESOLUTION NO. 15-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
URGING THE STATE TO PROVIDE NEW SUSTAINABLE FUNDING FOR STATE
AND LOCAL TRANSPORTATION INFRASTRUCTURE
WHEREAS, Governor Edmund G. Brown, Jr. has called an extraordinary session
to address the immense underfunding of California’s transportation infrastructure; and
WHEREAS, cities and counties own and operate more than 81 percent of streets
and roads in California, and from the moment we open our front door to drive to work,
bike to school, or walk to the bus station, people are dependent upon a safe, reliabl e
local transportation network; and
WHEREAS, the City of Cupertino has participated in efforts with the California
State Association of Counties, League of California Cit ies, and California’s Regional
Transportation Planning Agencies to study unmet funding needs for local roads and
bridges, including sidewalks and other essential components; and
WHEREAS, the resulting 2014 California Statewide Local Streets and Roads
Needs Assessment, which provides critical analysis and information on the local
transportation network’s condition and funding needs, indicate s that the condition of
the local transportation network is deteriorating as predicted in the initial 2008 study;
and
WHEREAS, the results show that California’s local streets and roads are on a
path of significant decline. On a scale of zero (failed) to 100 (excellent), the statewide
average pavement condition index (PCI) is 66, placing it in the “at risk” category where
pavements will begin to deteriorate much more rapidly and require rehabilitation or
rebuilding rather than more cost-effective preventative maintenance if funding is not
increased; and
WHEREAS, the results show that the City of Cupertino’s local streets have an
average pavement index of 65, placing them in the “fair” category; and
113
WHEREAS, if funding remains at the current levels, in 10 years, 25 percent of
local streets and roads in California will be in “failed” condition; and
WHEREAS, cities and counties need an additional $1.7 billion just to maintain a
status quo pavement condition of 66, and much more revenue to operate the system
with Best Management Practices, which would reduce the total amount of funding
needed for maintenance in the future; and
WHEREAS, models show that an additional $3 billion annual investment in the
local streets and roads system is expected to improve pavement conditions statewide
from an average “at risk” condition to an average “good” condition; and
WHEREAS, if additional funding isn’t secured now, it will cost taxpayers twice
as much to fix the local system in the future, as failure to act this year will increase
unmet funding needs for local transportation facilities by $11 billion in five years and
$21 billion in ten years; and
WHEREAS, modernizing the local street and road system provides well-paying
construction jobs and boosts local economies; and
WHEREAS, the local street and road system is also critical for farm to market
needs, interconnectivity, multimodal needs, and commerce; and
WHEREAS, police, fire, and emergency medical services all need safe reliable
roads to react quickly to emergency calls and a few minutes of delay can be a matter of
life and death; and
WHEREAS, maintaining and preserving the local street and road system in good
condition will reduce drive times and traffic congestion, improve bicycle safety, and
make the pedestrian experience safer and more appealing, which leads to reduce
vehicle emissions helping the State achieve its air quality and greenhouse gas emissions
reductions goals; and
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WHEREAS, restoring roads before they fail also reduces construction time which
results in less air pollution from heavy equipment and less water pollution from site
run-off; and
WHEREAS, in addition to the local system, the state highway system needs an
additional $5.7 billion annually to address the state’s deferred maintenance; and
WHEREAS, in order to bring the local system back into a cost-effective
condition, at least $7.3 billion annually in new money going directly to cities and
counties; and
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE
CITY OF CUPERTINO strongly urges the Governor and Legislature to identity a
sufficient and stable funding source for local street and road and state highway
maintenance and rehabilitation to ensure the safe and efficient mobility of the traveling
public and the economic vitality of California.
RESOLVED FURTHER, that the CITY OF CUPERTINO strongly urges the
Governor and Legislature to adopt the following priorities for funding California’s
streets and roads.
1. Make a significant investment in transportation infrastructure. Any
package should seek to raise at least $6 billion annually and should
remain in place for at least 10 years or until an alternative method of
funding our transportation system is agreed upon.
2. Focus on maintaining and rehabilitating the current system.
Repairing California’s streets and highways involves much more than
fixing potholes. It requires major road pavement overlays, fixing
unsafe bridges, providing safe access for bicyclists and pedestrians,
replacing storm water culverts, as well as operational improvements
that necessitate the construction of auxiliary lanes to relieve traffic
congestion choke points and fixing design deficiencies that have
created unsafe merging and other traffic hazards. Efforts to supply
115
funding for transit in addition to funding for roads should also focus
on fixing the system first.
3. Equal split between state and local projects. We support sharing
revenue for roadway maintenance equally (50/50) between the state
and cities and counties, given the equally-pressing funding needs of
both systems, as well as the longstanding historical precedent for
collecting transportation user fees through a centralized system and
sharing the revenues across the entire network through direct
subventions. Ensuring that funding to local governments is provided
directly, without intermediaries, will accelerate project delivery and
ensure maximum accountability.
4. Raise revenues across a broad range of options. Research by the
California Alliance for Jobs and Transportation California shows that
voters strongly support increased funding for transportation
improvements. They are much more open to a package that spreads
potential tax or fee increases across a broad range of options, including
fuel taxes, license fees, and registration fees, rather than just one
source. Additionally, any package should move California toward an
all-users pay structure, in which everyone who benefits from the
system contributes to maintaining it – from traditional gasoline-fueled
vehicles, to new hybrids or electric vehicles, to commercial vehicles.
5. Invest a portion of diesel tax and/or cap & trade revenue to high-
priority goods movement projects. While the focus of a transportation
funding package should be on maintaining and rehabilitating the
existing system, California has a critical need to upgrade the goods
movement infrastructure that is essential to our economic well-being.
Establishing a framework to make appropriate investments in major
goods movement arteries can lay the groundwork for greater
investments in the future that will also improve air quality and reduce
greenhouse gas emissions.
116
6. Strong accountability requirements to protect the taxpayers’
investment. Voters and taxpayers must be assured that all
transportation revenues are spent responsibly. Local governments are
accustomed to employing transparent processes for selecting road
maintenance projects aided by pavement management systems, as well
as reporting on the expenditure of transportation funds through the
State Controller’s Local Streets and Roads Annual Report.
7. Provide Consistent Annual Funding Levels. Under current statute,
the annual gas tax adjustment by the Board of Equalization is creating
extreme fluctuations in funding levels – a $900 million drop in this
budget year alone. A transportation funding package should contain
legislation that will create more consistent revenue projections and
allow Caltrans and transportation agencies the certainty they need for
longer term planning.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 18th day of August, 2015, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
_____________________________ ________________________________
Grace Schmidt, City Clerk Rod Sinks, Mayor, City of Cupertino
117
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:115-0995 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:7/27/2015 City Council
On agenda:Final action:8/18/2015
Title:Subject: Agreement for Consultant Services for the Citywide Parks, Open Space and Recreation
Master Plan
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
Action ByDate Action ResultVer.
City Council8/18/20151
Subject:AgreementforConsultantServicesfortheCitywideParks,OpenSpaceand
Recreation Master Plan
AuthorizetheCityManagertonegotiateandexecuteaconsultantservicesagreementfor
preparationofaCitywideParks,OpenSpaceandRecreationMasterPlanPlanforafeenotto
exceed$375,000andauthorizeacontingencyallowancesubjecttoapprovaloftheCity
Manager
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RECREATION AND COMMUNITY SERVICES DEPARTMENT
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3111 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: August 18, 2015
Subject
Agreement for consultant services for the Citywide Parks, Open Space and Recreation
Master Plan.
Recommendation
Authorize the City Manager to negotiate and execute a consultant services agreement
for preparation of a citywide Parks, Open Space and Recreation Master Plan for a fee
not to exceed $375,000 and authorize a contingency allowance not to exceed 10% of the
total amount of the contract subject to approval of the City Manager.
Background
The Capital Improvements Program budget includes a new capital project to prepare a
citywide master plan to address the city’s long-term needs and goals for parks,
recreation and open space. Objectives of the process include identifying the values of
the community, providing a citywide vision for park and recreation facilities,
establishing priorities for implementation, and developing a strategic direction for
delivery of programs.
Discussion
A consultant selection process was initiated to select a consultant team to provide the
professional services needed to develop the master plan. A Request for Proposals was
issued in June 2015. Proposals from interested firms were received in July and
reviewed for qualifications. The most highly qualified firms were interviewed and
evaluated based upon selection criteria in early August and then references were
checked. Based upon this process, the firm of RHAA (Royston Hanamoto Alley &
Abey) based in Mill Valley, California was selected as the top choice for this project.
If approved, the consultant services agreement is expected to be negotiated and
finalized this month and services will commence immediately thereafter. The scope of
the work is projected to span approximately 16-18 months. The project tasks will be
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organized into several phases, with public engagement incorporated throughout. The
tasks include:
Evaluate Existing Conditions: review of policies and standards; inventory and
analysis of existing parks, open space and recreation facilities; review and
analysis of recreation programs; and analysis of demographics
Public Input: community outreach; gather community input; assess community
needs and goals
Draft Plan Elements: prepare elements for a draft master plan report building
upon data, analysis and community input. Include analysis and assessment of
facilities and programs; policies, recommendations, action items, goals,
strategies; preliminary project list; prioritization framework; capital projects for
short, medium and long-term; planning-level capital and operating costs and
potential funding resources; invite public input
Park Site Master Plans and Public Input: prepare individual concept plans for
each park site and invite public input
Draft Master Plan and Public Input
Finalize Master Plan
Staff recommends that Council authorize the City Manager to negotiate and execute an
agreement with RHAA to develop a Citywide Parks, Open Space and Recreation
Master Plan for a fee not-to-exceed $375,000 for the scope of services. Staff also
recommends authorizing the City Manager to include a contingency allowance for
potential additional services that fall within the scope of the overall project budget, with
such contingency funds to be expended only upon advance written authorization by the
City Manager and for services that exceed the scope identified in the agreement.
Fiscal Impact
The Citywide Parks, Open Space and Recreation Master Plan capital improvement
project is funded at $500,000. The recommended agreement meets the existing project
budget.
Sustainability Impact
This project will support the city’s sustainability and env ironmental policies and
objectives.
_____________________________________________________________________________________
Prepared by: Gail Seeds, Park Improvement Manager
Reviewed by: Carol Atwood, Director of Recreation and Community Services
Approved for Submission by: David Brandt, City Manager
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:115-0978 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:7/21/2015 City Council
On agenda:Final action:8/18/2015
Title:Subject: Civic Center Master Plan Implementation - Master Agreement for Design Consultant
Services and Official Intent Resolution
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Draft Agreement with P+W for Consultant Design Services
B – Draft Resolution Authorizing Agreements and Service Orders Related to the Civic Center Master
C – Draft Official Intent Resolution
Action ByDate Action ResultVer.
City Council8/18/20151
Subject:Civic Center Master Plan Implementation - Master Agreement for Design Consultant
Services and Official Intent Resolution
1) Adopt Resolution No. 15-074 to:
a.AuthorizetheCityManagertonegotiateandexecutetheMasterAgreementfordesign
consultantserviceswiththefirmofPerkins+WillforimplementationoftheCivicCenter
Master Plan in substantially similar form as presented to Council; and
b.AuthorizetheCityManagertonegotiateandexecuteserviceordersunderthetermsof
themasteragreementforphasesofworkforwhichfundshavebeenappropriated,butinno
event, in an amount to exceed Five Million Five Hundred Thousand Dollars ($5,500,000); and
c.AuthorizetheCityManagertonegotiateandexecuteotheragreementsforprofessional
servicestoimplementtheapprovedCivicCenterMasterPlan,totheextentthatthefundsare
appropriated for such purposes, with the following terms and conditions:
i.forprofessionalservicesfor:buildingsystemsengineering,siteinvestigation
andengineering,buildingproject/constructionmanagement;interimmoveplanningand
facilitation, and financial advisory;
ii. with a contract term not to exceed two years; and
iii. with cumulative compensation not to exceed Two Million Dollars ($2,000,000).
2)AdoptResolutionNo.15-075declaringitsofficialintenttoreimburseitselffromthe
proceedsofdebtfinancingforcertainexpendituresrelatedtotheCivicCenterMasterPlan
Implementation.
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PUBLIC WORKS DEPARTMENT
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3354 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: August 18, 2015
Subject
Civic Center Master Plan Implementation - Master Agreement for Design Consultant
Services and Official Intent Resolution
Recommended Action
Staff recommends that the City Council take the following actions:
1) Adopt Draft Resolution to:
a. Authorize the City Manager to negotiate and execute the Master Agreement
for design consultant services with the firm of Perkins+Will for
implementation of the Civic Center Master Plan in substantially similar form
as presented to Council; and
b. Authorize the City Manager to negotiate and execute service orders under
the terms of the master agreement for phases of work for which funds
have been appropriated, but in no event, in an amount to exceed Five
Million Five Hundred Thousand Dollars ($5,500,000); and
c. Authorize the City Manager to negotiate and execute other agreements for
professional services to implement the approved Civic Center Master
Plan, to the extent that the funds are appropriated for such purposes,
with the following terms and conditions:
i. for professional services for: building systems engineering, site
investigation and engineering, building project/construction
management; interim move planning and facilitation, and financial
advisory;
ii. with a contract term not to exceed two years; and
iii. with cumulative compensation not to exceed Two Million Dollars
($2,000,000).
2) Adopt Draft Resolution declaring its official intent to reimburse itself from the
proceeds of debt financing for certain expenditures related to the Civic Center
Master Plan Implementation.
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Background
The FY13/14 CIP included a project to prepare a civic center master plan, to develop a
master plan consistent with Council sentiments expressed at the February 2013
presentation of the Civic Center Master Plan Framework.
In December 2013, a qualifications based selection (QBS) process was completed to
select a master consultant to provide urban planning and architectural design services
for the civic center master plan process, including any and all services for the
implementation of the master plan.
In March 2014, Council approved an agreement with the selected firm, Perkins+Will
(P+W), for master planning services for the Civic Center Master Plan.
In February 2015, Council approved an amendment of the Perkins+Will agreement for
additional services for analysis of city hall building options.
On July 7, 2015, Council approved the Civic Center Master Plan along with the Initial
Study/Mitigated Negative Declaration and gave direction to staff to proceed with
design for implementation of the master plan. The major elements of the master plan
are:
City Hall: construct a new replacement building of 40,000 square feet, in the
same general location on the civic center site as the existing city hall; to be a two-
story building including an Emergency Operations Center (EOC) and space for
community functions;
Parking: to be located underground below the new City Hall with capacity to
park approximately 118 vehicles;
Library Program Room Expansion to be the “Perch” option to seat up to 130
people.
The total estimated project cost for this approved option is approximately $70 million.
Description
An architectural consultant will be required to perform the design services necessary to
develop the design and plans for implementation of the Civic Center improvements.
The consultant will perform the following stages of plan development: programming,
conceptual design, schematic design, design development, and construction documents.
This would be followed with assistance with bidding the construction contract and
construction contract support services.
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Discussion
In accordance with state and city codes, in the fall of 2013, a qualifications based
selection process was conducted to identify firms with the requisite skills to perform the
planning and design services required for the Civic Center Master Plan and its
implementation. Nine statements of qualifications were received in response to a
request for qualifications. A 4-person panel evaluated the extensive statements of
qualifications. The panel was comprised of two internal executive staff members and
two external members – one from the Santa Clara County Library District and the other
an architectural professional. The panel ranked the firms and recommended that the
five top-ranked firms be interviewed. The same panel convened with the addition of
the city manager, to interview the five top-ranked firms. Based on the interviews,
Perkins+Will was selected as the firm to provide planning services for the Civic Center
Master Plan and the follow-on architectural services due to their superior experience in
both areas of expertise.
Staff recommends approval of a master agreement with the firm of Perkins+Will to
provide all of the architectural/engineering services required to implement the Civic
Center Master Plan. Under the master agreement, specific service phases will be
authorized incrementally as the project develops, but the phases will only be authorized
once funds are available to encumber for those services. The master agreement
establishes a menu of services by phase of project development but locks in a maximum
compensation and duration for the agreement.
Each phase of services would be authorized by a Service Order that will define the
tasks, deliverables, schedule and compensation for that phase of work within the terms
of the master agreement. Each Service Order will be authorized by the City Manager
only when appropriated funds are available.
This form of agreement allows the greatest flexibility and efficiency to manage the
progressive work for the design of the civic center improvements while establishing
controls on the work plan and expenditures.
Attributes of the recommended master agreement include:
Maximum compensation: $5,500,000.
Duration of agreement: from date executed through March 2019.
Major sequential service phases:
Pre-Design - Architectural Programming & Conceptual Design
Schematic Design
Design Development
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Construction Documents
Bid Assistance
Contract Administration/Construction Support Services
The maximum compensation for the recommended agreement is included in the overall
estimated cost of $70 million for the project approved by the Council on July 7, 2015.
The project will be brought before Council for key reviews and decisions on the design
as it develops and for additional funding appropriations.
Official Intent Resolution
Anticipating the use of tax-exempt bonds to fund costs of the new civic center project, it
is recommended that the City Council approve a resolution declaring its official intent
to reimburse itself from the proceeds of debt financing for certain expenditures related
to the Civic Center Master Plan Implementation. Approval of this resolution would be
pursuant to federal tax procedures with the sole purpose to preserve the option to use
tax-exempt bond financing to reimburse the City for certain project expenditures made
during the period that begins 60 days before approval of the resolution and ends on the
date any bonds are issued. The resolution does not authorize bonds to be issued and is
not a decision or commitment to issue bonds.
Next Steps
Financing Plan – prepare a financing plan for implementation of the Civic Center
Master Plan for Council consideration. It is anticipated that this document would be
brought to Council for consideration later this year.
Conduct a consultant outreach and selection process for a project/construction
management firm to assist with the interim placement of city hall services and staff,
to provide advice and due-diligence services for the design of the City Hall and
Library expansion, and contract management services for construction. Staff
anticipates bringing a recommendation for a master agreement for these services for
Council consideration before the end of the calendar year.
Schedule
Pre-design – August 2015 – January 2016
Design – January – October 2016
Construction Documents – October 2016 – May 2017
Bid & award construction contract – Summer 2017
Construction – Summer 2017 – Winter 2018/19
Occupancy – Winter - Spring 2019
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Sustainability Impact
The design and construction of the civic center improvements will be consistent with
the sustainability measures outlined in the Initial Study and Mitigated Negative
Declaration for the Civic Center Master Plan. The project will be consistent with the
LEED Silver standard or greater; will incorporate graywater system into the City Hall
and on-site stormwater management, among other measures.
Fiscal Impact
Approval of the Master Agreement for Architectural Services for the Civic Center
Master Plan Implementation has no direct fiscal impact. Subject to Council
authorization to the City Manager to negotiate and execute Service Orders, the City
Manager would execute Services Orders under the terms of the Master Agreement for
phases of work for which funds have been appropriated.
The FY 2016 CIP budget includes the following appropriations-
Initial Civic Center Projects – Budget Unit No. 420-90-942 – Budget Amount:
$2,200,000; Remaining Balance as of June 10, 2015: $2,118,327;
Library Expansion – Budget Unit No. 420-90-939 – Budget Amount: $500,000;
Remaining Balance as of June 10, 2015: $364,000.
Subject to the approval of the Master Agreement for Architectural Services for the Civic
Center Master Plan Implementation, the currently available funding is sufficient to
undertake the initial phases of architectural/engineering services that would be
authorized by Service Orders approved by the City Manager. No additional
appropriation is required at this time. Additional appropriations will be needed to
fund the balance of the design and project/construction management services, and the
construction contract. Staff will recommend appropriations as necessary to facilitate the
project schedule.
____________________________________
Prepared by: Katy Jensen, Capital Improvement Program Manager
Reviewed by: Timm Borden, Director of Public Works Department
Approved for Submission by: David Brandt, City Manager
Attachments:
A - Draft Agreement with P+W for Consultant Design Services
B – Draft Resolution Authorizing Agreements and Service Orders Related to the Civic
Center Master Plan Implementation
C – Draft Official Intent Resolution
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MASTER AGREEMENT BETWEEN THE CITY OF CUPERTINO AND PERKINS+WILL
FOR CONSULTANT SERVICES FOR ARCHITECTURAL SERVICES FOR THE CIVIC
CENTER MASTER PLAN IMPLEMENTATION PROJECT
THIS MASTER AGREEMENT, for reference dated ______________, is by and between CITY OF
CUPERTINO, a municipal corporation (hereinafter referred to as "City"), and PERKINS+WILL, a
(California corporation) whose address is 2 Bryant Street, Suite 300, San Francisco, CA 94105 (hereinafter
referred to as "Consultant"), and is made with reference to the following:
RECITALS:
A. City is a municipal corporation duly organized and validly existing under the laws of the
State of California with the power to carry on its business as it is now being conducted under the
Constitution and the statutes of the State of California and the Cupertino Municipal Code.
B. Consultant is specially trained, experienced and competent to perform the special
services which will be required by this Agreement; and
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement on the terms and conditions described
herein.
D. City and Consultant desire to enter into an agreement for urban planning and
architectural services upon the terms and conditions herein.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:
1. TERM:
The term of this Agreement shall commence on the date this agreement is executed and shall
terminate on March 31, 2019, unless terminated earlier as set forth herein.
2. SCOPE OF SERVICES:
Consultant shall provide services under this Master Agreement solely as an independent
contractor and on an “as needed” basis and as set forth in, Exhibit A, Scope of Services, and as specifically
defined in a fully executed Service Order as set forth in Exhibit B, Service Order Process; both Exhibits
which are attached hereto and incorporated herein by this reference. The City has sole discretion to
authorize each Service Order and has no obligation to do so under this Master Agreement.
3. SCHEDULE OF PERFORMANCE:
All Consultant services under this Master Agreement shall be completed on or before the end of
the Master Agreement Term. Each authorized Service Order shall include its own defined Schedule of
Performance. In no case shall any Service Order’s schedule of performance extend beyond the Master
Agreement Term.
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4. COMPENSATION TO CONSULTANT:
The maximum compensation to be paid to Consultant under this Master Agreement shall not
exceed FIVE MILLION FIVE HUNDRED THOUSAND DOLLARS ($ 5,500,000.00). The rate of payment is
set out in Exhibit C, titled “Compensation”, which is attached hereto and incorporated herein. No
payment shall be made under this Master Agreement unless authorized by a fully executed Service
Order, Exhibit B. The sum of all Service Orders authorized shall not exceed the maximum compensation
for this Master Agreement as defined above.
5. METHOD OF PAYMENT:
The method of payment for services performed under this agreement is set out in Exhibit C, titled
“Compensation”, which is attached hereto and incorporated herein. Consultant shall furnish to City a
detailed statement of the work performed for compensation during the term of this Agreement.
Consultant may submit monthly invoices for interim progress payments during the course of each
authorized Service Order, clearly stating; the total Contract amount, amount paid to date, the work
performed and percent complete, and amount due.
All requests for payment from Consultant to City shall be addressed to the City to:
Attention: Katy Jensen
City of Cupertino
10300 Torre Ave.
Cupertino CA 95014
6. TIME IS OF THE ESSENCE:
Consultant and City agree that time is of the essence regarding the performance of authorized
Service Orders for this Master Agreement.
7. STANDARD OF CARE:
Consultant agrees to perform all services hereunder in a manner commensurate with the
prevailing standards of like professionals in the San Francisco Bay Area and agrees that all services shall
be performed by qualified and experienced personnel who are not employed by the City nor have any
contractual relationship with City.
8. INDEPENDENT PARTIES:
City and Consultant intend that the relationship between them created by this Agreement is that
of employer-independent contractor. The manner and means of conducting the work are under the
control of Consultant, except to the extent they are limited by statute, rule or regulation and the express
terms of this Agreement. No civil service status or other right of employment will be acquired by virtue
of Consultant's services. None of the benefits provided by City to its employees, including but not
limited to, unemployment insurance, workers' compensation plans, vacation and sick leave are available
from City to Consultant, its employees or agents. Deductions shall not be made for any state or federal
taxes, FICA payments, PERS payments, or other purposes normally associated with an employer-
employee relationship from any fees due Consultant. Payments of the above items, if required, are the
responsibility of Consultant.
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9. IMMIGRATION REFORM AND CONTROL ACT (IRCA):
Consultant assumes any and all responsibility for verifying the identity and employment
authorization of all of his/her employees performing work hereunder, pursuant to all applicable IRCA or
other federal, or state rules and regulations. Consultant shall indemnify and hold City harmless from
and against any loss, damage, liability, costs or expenses arising from any noncompliance of this
provision by Consultant.
10. NON-DISCRIMINATION:
Consistent with City's policy that harassment and discrimination are unacceptable
employer/employee conduct, Consultant agrees that harassment or discrimination directed toward a job
applicant, a City employee, or a citizen by Consultant or Consultant's employee or subcontractor on the
basis of race, religious creed, color, national origin, ancestry, handicap, disability, marital status,
pregnancy, sex, age, or sexual orientation will not be tolerated. Consultant agrees that any and all
violations of this provision shall constitute a material breach of this Agreement.
11. PROJECT COORDINATION
CITY: Director of Public Works shall be representative of City for all purposes under this
Agreement. Katy Jensen, is hereby designated as the Director of Public Works’ designee and Project
Manager, and shall supervise the progress and execution of this Agreement.
CONSULTANT: Consultant shall assign a single Consultant Project Manager to have overall
responsibility for the progress and execution of this Agreement for Consultant. Should circumstances or
conditions subsequent to the execution of the Agreement require a substitute Consultant Project Manager
for any reason, the Consultant Project Manager designee shall be subject to the prior written acceptance
and approval of the City Project Manager. The designated Consultant Project Manager shall be James
Mallery.
12. HOLD HARMLESS:
A. Indemnity Obligations Subject to Civil Code Section 2782.8.
1. Where the law establishes a standard of care for Consultant’s professional services, and
to the extent the Consultant breaches or fails to meet such established standard of care, or is
alleged to have breached or failed to meet such standard of care, Consultant shall, to the fullest
extent allowed by law, with respect to all services performed in connection with the Agreement,
indemnify, defend, and hold harmless the City and its officers, officials, agents, employees and
volunteers from and against any and all liability, claims, actions, causes of action or demands
whatsoever against any of them, including any injury to or death of any person or damage to
property or other liability of any nature, that arise out of, pertain to, or relate to the negligence,
recklessness, or willful misconduct of Consultant or Consultant's employees, officers, officials,
agents or independent contractors. Such costs and expenses shall include reasonable attorneys’
fees of counsel of City’s choice, expert fees and all other costs and fees of litigation. Consultant
shall not be obligated under this Agreement to indemnify City to the extent that the damage is
caused by the sole or active negligence or willful misconduct of City, its agents or employees.
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2. Notwithstanding the foregoing, the Consultant has no duty to provide or to pay for an
up-front defense against unproven claims or allegations, but shall pay or reimburse the City for
its reasonable attorneys’ fees of counsel of City’s choice, expert fees and all other costs and fees of
litigation to the extent caused by the negligence, recklessness, or willful misconduct of
Consultant or its employees, officers, officials, agents or independent contractors. However, the
Consultant shall provide its immediate and active cooperation and assistance to the City, at no
additional cost to the City, in analyzing, defending, and resolving such claims.
B. Claims for Other Liability.
For all liabilities other than those included within paragraph A. above, Consultant shall, to the
fullest extent allowed by law, indemnify, defend, and hold harmless the City and its officers,
officials, agents, employees and volunteers against any and all liability, claims, actions, causes of
action or demands whatsoever from and against any of them, including any injury to or death of
any person or damage to property or other liability of any nature, that arise out of, pertain to, or
relate to the performance of this Agreement by Consultant or Consultant's employees, officers,
officials, agents or independent contractors. Such costs and expenses shall include reasonable
attorneys’ fees of counsel of City’s choice, expert fees and all other costs and fees of litigation.
Consultant shall not be obligated under this Agreement to indemnify City to the extent that the
damage is caused by the sole or active negligence or willful misconduct of City, its agents or
employees.
C. Claims involving intellectual property.
In addition to the obligations set forth in (A) and (B) above, Consultant shall indemnify, defend,
and hold the City, its elected and appointed officers, employees, and volunteers, harmless from
and against any Claim in which a violation of intellectual property rights, including but not
limited to copyright or patent rights, is alleged that arises out of, pertains to, or relates to
Consultant’s negligence, recklessness or willful misconduct under this Agreement. Such costs
and expenses shall include reasonable attorneys’ fees of counsel of City’s choice, expert fees and
all other costs and fees of litigation.
13. INSURANCE:
On or before the commencement of the term of this Agreement, Consultant shall furnish City
with certificates showing the type, amount, effective dates and dates of expiration of insurance coverage
in compliance with paragraph 13A, B, C, D and E. Such certificates, which do not limit Consultant's
indemnification, shall also contain substantially the following statement: "Should any of the above
insurance covered by this certificate be canceled before the expiration date thereof, the insurer affording
coverage shall provide thirty (30) days' advance written notice to the City of Cupertino, Attention: City
Manager." It is agreed that Consultant shall maintain in force at all times during the performance of this
Agreement all appropriate coverage of insurance required by this Agreement with an insurance company
that is acceptable to City and authorized to do insurance business in the State of California.
Endorsements naming the City as additional insured in relation to the commercial general liability and
commercial automobile liability policies shall be submitted with the insurance certificates.
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A. COVERAGE:
Consultant shall maintain the following insurance coverage:
(1) Workers' Compensation:
Statutory coverage as required by the State of California.
(2) Liability:
Commercial General Liability Coverage with minimum limits of $5,000,000
per occurrence and aggregate.
If submitted, combined single limit policy with aggregate limits in the
amounts of $5,000,000 will be considered equivalent to the required minimum
limit.
(3) Automotive:
Commercial automotive liability coverage with minimum limits of
$5,000,000.00 per occurrence and in the aggregate.
If submitted, combined single limit policy with aggregate limits in the
amounts of $5,000,000 will be considered equivalent to the required minimum
limit.
(4) Professional Liability:
Professional liability insurance which includes coverage for the professional acts,
errors and omissions of Consultant in the amount of at least $2,000,000 per claim
and in the aggregate.
B. SUBROGATION WAIVER:
Consultant agrees that in the event of loss due to any of the perils for which he/she has agreed to
provide commercial general and automotive liability insurance, Consultant shall look solely to his/her
insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing commercial
general and automotive liability insurance to either Consultant or City with respect to the services of
Consultant herein, a waiver of any right to subrogation which any such insurer of said Consultant may
acquire against City by virtue of the payment of any loss under such insurance.
C. FAILURE TO SECURE:
If Consultant at any time during the term hereof should fail to secure or maintain the foregoing
insurance, City shall be permitted to obtain such insurance in the Consultant's name or as an agent of the
Consultant and shall be compensated by the Consultant for the costs of the insurance premiums at the
maximum rate permitted by law and computed from the date written notice is received that the
premiums have not been paid.
D. ADDITIONAL INSURED:
City, its City Council, boards and commissions, officers, employees and volunteers shall be
named as an additional insured under all insurance coverages, except any worker’s compensation and
professional liability insurance, required by this Agreement. An additional insured named herein shall
not be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy
or any extension thereof. Any other insurance held by an additional insured shall not be required to
contribute anything toward any loss or expense covered by the insurance provided by this policy.
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E. SUFFICIENCY OF INSURANCE:
The insurance limits required by City are not represented as being sufficient to protect
Consultant. Consultant is advised to confer with Consultant's insurance broker to determine adequate
coverage for Consultant.
14. CONFLICT OF INTEREST:
Consultant warrants that it is not a conflict of interest for Consultant to perform the services
required by this Agreement. Consultant may be required to fill out a conflict of interest form if the
services provided under this Agreement require Consultant to make certain governmental decisions or
serve in a staff capacity as defined in Title 2, Division 6, Section 18700 of the California Code of
Regulations.
15. PROHIBITION AGAINST TRANSFERS:
Consultant shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest
therein, directly or indirectly, by operation of law or otherwise, without prior written consent of City.
Any attempt to do so without said consent shall be null and void, and any assignee, sublessee,
hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment,
hypothecation or transfer. However, claims for money by Consultant from City under this Agreement
may be assigned to a bank, trust company or other financial institution without prior written consent.
Written notice of such assignment shall be promptly furnished to City by Consultant.
The sale, assignment, transfer or other disposition of any of the issued and outstanding capital
stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or
cotenant, if Consultant is a partnership or joint venture or syndicate or cotenancy, which shall result in
changing the control of Consultant, shall be construed as an assignment of this Agreement. Control
means fifty percent (50%) or more of the voting power of the corporation.
16. SUBCONTRACTOR APPROVAL:
Unless prior written consent from City is obtained, only those people and subcontractors whose
names are included in this Agreement shall be used in the performance of this Agreement.
In the event that Consultant employs subcontractors, such subcontractors shall be required to
furnish proof of workers' compensation insurance and shall also be required to carry general, automobile
and professional liability insurance in reasonable conformity to the insurance carried by Consultant. In
addition, any work or services subcontracted hereunder shall be subject to each provision of this
Agreement.
17. PERMITS AND LICENSES:
Consultant, at his/her sole expense, shall obtain and maintain during the term of this Agreement,
all appropriate permits, certificates and licenses including, but not limited to, a City Business License, that
may be required in connection with the performance of services hereunder.
18. OWNERSHIP OF WORK:
A. Any interest (including copyright interests) of Consultant and its subconsultants in each
and every study, document, report, draft, memoranda, work product, map, record, plan, drawing,
specification and other deliverable, in any medium prepared or created by Consultant or its
subconsultants pursuant to or in connection with this Agreement, shall be the exclusive property of City.
To the extent permitted by Title 17 of U.S. Code, all work product prepared or created under this
Agreement shall be deemed works for hire and all copyrights in such works shall be the property of City.
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In the event that it is ever determined that any works prepared or created by Consultant or any
subconsultant under this Agreement are not works for hire under U.S. law, Consultant hereby assigns to
City all copyrights to such works when and as created. With Owner’s prior written approval, Consultant
may retain and use copies of such works for reference and as documentation of its experience and
capabilities and in its promotional materials. With respect to Consultant’s standard details, Consultant
may retain the copyright, but grants to City a perpetual non-exclusive license to use such details in
connection with the Project.
B. Without limiting any other City right to any of the works prepared or created by
Consultant or its subconsultants, all works may be used by City in execution or implementation of:
(1) The original Project for which Consultant was hired;
(2) Completion of the original Project by others;
(3) Subsequent additions to the original project; and/or
(4) Other City projects as appropriate.
C. Any City reuse of works shall be subject to California Business and Professions Code
Sections 5536.25, 6735, 6735.3 or 6735.4, if and to the extent applicable. Any City reuse of works for any
purpose other than those in B(1) through B(3) above, and any modifications to any of the works, shall be
at City’s sole risk and expense.
D. Consultant shall, at such time and in such form as City may require, furnish reports
concerning the status of services required under this Agreement.
E. All written work required to be provided by this Agreement (other than large-scale
architectural plans and similar items) shall be printed on recycled paper and shall be copied on both sides
of the paper except for one original, which shall be single sided.
F. No work, information or other data given to or prepared created or assembled by
Consultant or any of its subconsultants pursuant to this Agreement, shall be made available to any
individual or organization by Consultant or any subconsultant without prior approval by City.
G. Electronic and hard copies of Consultant’s work product shall constitute the Project
deliverables. Plans shall be in CAD and PDF formats, and other documents shall be in Microsoft Word
and PDF formats.
19. RECORDS:
Consultant shall maintain complete and accurate records with respect to sales, costs, expenses,
receipts and other such information required by City that relate to the performance of services under this
Agreement.
Consultant shall maintain adequate records of services provided in sufficient detail to permit an
evaluation of services. All such records shall be maintained in accordance with generally accepted
accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free
access to such books and records to the representatives of City or its designees at all proper times, and
gives City the right to examine and audit same, and to make transcripts there from as necessary, and to
allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such
records, together with supporting documents, shall be kept separate from other documents and records
and shall be maintained for a period of three (3) years after receipt of final payment.
If supplemental examination or audit of the records is necessary due to concerns raised by City's
preliminary examination or audit of records, and the City's supplemental examination or audit of the
records discloses a failure to adhere to appropriate internal financial controls, or other breach of contract
or failure to act in good faith, then Consultant shall reimburse City for all reasonable costs and expenses
associated with the supplemental examination or audit.
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20. NOTICES:
All notices, demands, requests or approvals to be given under this Agreement shall be given in
writing and conclusively shall be deemed served when delivered personally or on the second business
day after the deposit thereof in the United States Mail, postage prepaid, registered or certified, addressed
as hereinafter provided.
All notices, demands, requests, or approvals from Consultant to City shall be addressed to City
at:
City of Cupertino
10300 Torre Ave.
Cupertino CA 95014
Attention: Katy Jensen
All notices, demands, requests, or approvals from City to Consultant shall be addressed to
Consultant at:
Perkins+Will
2 Bryant Street
Suite 300
San Francisco, CA 94105
Attention: James Mallery
21. TERMINATION:
In the event Consultant fails or refuses to perform any of the provisions hereof at the time and in
the manner required hereunder, Consultant shall be deemed in default in the performance of this
Agreement. If such default is not cured within the time specified after receipt by Consultant from City of
written notice of default, specifying the nature of such default and the steps necessary to cure such
default, City may terminate the Agreement forthwith by giving to the Consultant written notice thereof.
City shall have the option, at its sole discretion and without cause, of terminating this Agreement
by giving seven (7) days' prior written notice to Consultant as provided herein. Upon termination of this
Agreement, each party shall pay to the other party that portion of compensation specified in this
Agreement that is earned and unpaid prior to the effective date of termination.
In the event of termination, Consultant shall deliver to City, copies of all reports, documents, and
other work performed by Consultant under this Agreement.
22. COMPLIANCES:
Consultant shall comply with all state or federal laws and all ordinances, rules and regulations
enacted or issued by City.
A. PREVAILING WAGES: To the extent applicable, Contractor shall comply with the City’s Labor
Compliance Program and all other requirements set forth in Labor Code section 1770 et seq. Contractor
shall pay prevailing wages. Contractor will submit monthly certified payroll records to the City for all
employees and subcontractors in a preapproved format or a City provided form. Any delay in remitting
certified payroll reports to the City upon request from the City will result in either delay and/or forfeit of
outstanding payment to Contractor.
B. WORKING DAY: To the extent applicable, Contractor shall comply with California Labor Code
Section 1810, et seq. which provides that work performed by employees of contractors in excess of 8
hours per day, and 40 hours during any one week, must be compensated as overtime, at not less than 1 ½
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times the basic rate of pay.
C. PAYROLL RECORDS: To the extent applicable, Contractor shall comply with California Labor
Code Section 1776 which requires certified payroll records be maintained with the name, address, social
security number, work classification, straight time and overtime hours worked each day and week, and
the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by
him or her in connection with this Agreement. The Payroll Records shall be made available for inspection
as provided in California Labor Code Section 1776.
D. APPRENTICES: To the extent applicable, Contractor shall comply with California Labor Code
Section 1777.5 regarding apprentices.
23. CONFLICT OF LAW:
This Agreement shall be interpreted under, and enforced by the laws of the State of California
excepting any choice of law rules which may direct the application of laws of another jurisdiction. The
Agreement and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the
authorities having jurisdiction over this Agreement (or the successors of those authorities.)
Any suits brought pursuant to this Agreement shall be filed with the courts of the County of
Santa Clara, State of California.
24. ADVERTISEMENT:
Consultant shall not post, exhibit, display or allow to be posted, exhibited, displayed any signs,
advertising, show bills, lithographs, posters or cards of any kind pertaining to the services performed
under this Agreement unless prior written approval has been secured from City to do otherwise.
25. WAIVER:
A waiver by City of any breach of any term, covenant, or condition contained herein shall not be
deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition
contained herein, whether of the same or a different character.
26. INTEGRATED CONTRACT:
This Agreement represents the full and complete understanding of every kind or nature
whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever
kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the
provisions hereof. Any modification of this Agreement will be effective only by written execution signed
by both City and Consultant.
27. GIFTS:
A. Consultant is familiar with City’s prohibition against the acceptance of any gift by a City
officer or designated employee, which prohibition is found in City Administrative Procedures.
B. Consultant agrees not to offer any City officer or designated employee any gift
prohibited by the Administrative Procedures.
C. The offer or giving of any prohibited gift shall constitute a material breach of this
Agreement by Consultant. In addition to any other remedies, City may have in law or equity, City may
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terminate this Agreement for such breach as provided in Section 19 of this Agreement.
28. INSERTED PROVISIONS:
Each provision and clause required by law to be inserted into the Agreement shall be deemed to
be enacted herein, and the Agreement shall be read and enforced as though each were included herein. If
through mistake or otherwise, any such provision is not inserted or is not correctly inserted, the
Agreement shall be amended to make such insertion on application by either party.
29. CAPTIONS:
The captions in this Agreement are for convenience only, are not a part of the Agreement and in
no way affect, limit or amplify the terms or provisions of this Agreement.
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P.O. No.: _________________
IN WITNESS WHEREOF, the parties have caused the Agreement to be executed.
CONSULTANT CITY OF CUPERTINO
Perkins+Will A Municipal Corporation
A California Corporation
By By _____________________
David Brandt, City Manager
Name__________________
Date____________________
Title
Date___________________
Tax I.D. No.: ________________
APPROVED AS TO FORM:
Address:
2 Bryant Street, Suite 300
San Francisco, CA 94105 _________________________
Carol Korade, City Attorney
ATTEST:
______________________________
Grace Schmidt, City Clerk
Contract Amount: $ 5,500,000
Account No. : Encumbrance by Service Order ONLY
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EXHIBIT A
SCOPE OF SERVICES
The CONSULTANT shall provide services under this Master Agreement on an “as needed”
basis and only (1) upon written request from the CITY’s Director of Public Works or authorized
Agent as defined in Section 11, PROJECT COORDINATION and (2) as defined in a fully
executed SERVICE ORDER, Exhibit B.
SECTION 1.0 GENERAL
A. General PROJECT Description: The PROJECT is for the design for construction to
implement the Cupertino City Council approved Civic Center Master Plan (July 7, 2015),
including the following:
New replacement City Hall
- Two-story 40,000 square-feet building with city administration area of approximately
30,000 square-feet and community/conference space of approximately 10,000 square-feet
and including an Emergency Operations Center facility;
- Basement level parking to accommodate approximately 118 vehicles;
Library Program Room Expansion
Addition of approximately 4,400 square feet and related modifications to existing Library
building to implement the “Perch” program room option of the Library Expansion Study.
Related Site Improvements
The PROJECT shall be designed to meet the following:
LEED Silver Certified standard; and
As applicable for the Emergency Operations Center, designed to be consistent with the
California state codes applicable to Essential Services Facility; and
Consistent with and incorporating the Council-approved Initial Study description and
Mitigated Negative Declaration requirements.
The amount available for construction cost of the PROJECT, including contingencies for design,
bidding and price escalations, but excluding soft costs, such as building permits, compensation
to CONSULTANT, construction management consultant and construction contingency, is
FORTY-SIX MILLION DOLLARS ($ 46,000,000), which is the “CONSTRUCTION BUDGET” for
the project. CONSULTANT shall provide architectural design services for the PROJECT, and
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will also provide bid support and construction administration services and LEED certification
services.
B. General Performance Requirements:
1. The performance of all services by CONSULTANT shall be to the satisfaction of
the CITY, in accordance with the express terms hereof, including but not limited
to the terms set out in detail in this scope of services and the standard of care
provisions contained in this AGREEMENT.
2. The CITY’s Department of Public Works shall manage the design and
construction of the PROJECT and this AGREEMENT. CONSULTANT shall
receive final direction from the CITY’s Director of Public Works or his/her
authorized designee (hereinafter collectively “CITY”) only. The CITY shall
resolve any conflicting direction from other groups, departments or agencies.
3. CONSULTANT shall coordinate this scope of services with the CITY as well as
with other CITY consultants and contractors, as needed or as directed by the
CITY. CONSULTANT shall schedule meeting and prepare meeting agendas and
minutes/action item list for all PROJECT meetings during the design phase under
the scope of work. All minutes of meetings are due to the CITY within five (5)
working days after the meeting. CONSULTANT shall provide copies of such
documentation to the CITY, and as directed by the CITY, to other appropriate
agencies and entities. CONSULTANT shall coordinate all responses to
comments through the CITY.
4. The CITY shall approve design milestones and cost estimates from Pre-
design/Programming, Conceptual Design, Schematic Design through
Construction Documentation phases. CITY shall issue building permit for the
construction. For the purpose of this AGREEMENT, direct written authorization
or approval from the CITY shall mean and require the signatures of the CITY.
5. CONSULTANT shall designate and provide to the CITY the names of their team
members for the PROJECT. The team members shall be satisfactory to the CITY.
The team members shall include Gerald Tierney as CONSULTANT’s Principal-in-
charge for the duration of the PROJECT. CONSULTANT shall not substitute any
team members without the prior approval of the CITY.
6. CONSULTANT’s services shall be performed as expeditiously as is consistent
with professional skill and care and the orderly process of the work. The
schedule for the performance included in EXHIBIT B, may be adjusted by mutual
agreement.
7. CONSULTANT shall manage its SUBCONSULTANTS, and administer the
PROJECT. CONSULTANT shall consult with the CITY, research applicable
design criteria, and communicate with members of the PROJECT team.
8. When the CITY determines that the PROJECT requirements have been
sufficiently identified, CONSULTANT shall prepare and update a PROJECT
schedule for the CITY at the beginning of each TASK as defined in SECTION 2 -
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“SCOPE of SERVICES” of this EXHIBIT A. The PROJECT schedule shall identify
milestone dates for decisions required of the CITY, design services furnished by
CONSULTANT and CONSULTANT’s SUBCONSULTANTS, dates of reviews
and approvals required by all governmental agencies that have jurisdiction over
the PROJECT, deliverables to be furnished by CONSULTANT, completion of
documentation provided by CONSULTANT, commencement of construction
and substantial completion of the construction of the PROJECT, and as identified
in the exhibits under this AGREEMENT.
9. CONSULTANT shall submit design and construction documents to the CITY,
according to SECTION 2 – “SCOPE OF SERVICES”, of this EXHIBIT A for
purposes of evaluation and approval by the CITY. The CITY will review the
design during each phase. The CITY’s project manager will coordinate the
CITY’s review. CONSULTANT will meet with the CITY for progress review at
various stages of the PROJECT. CONSULTANT will be responsible for causing
the appropriate SUBCONSULTANT(S) to attend any meetings included in this
SCOPE OF SERVICES. CONSULTANT shall make revisions to the design and
construction documents as required for each task in a timely manner.
10. CONSULTANT shall assist the CITY, as requested by the CITY, in connection
with the CITY’s responsibility for filing documents required for the approval of
governmental authorities having jurisdiction over the PROJECT, including
submitting to the CITY’s Building Department for a building permit, for Fire
Marshal permits, and Health Department permit .
11. CONSULTANT shall design PROJECT to meet LEED Silver certification. The
CONSULTANT shall register the project for USGBC certification, coordinate
documentation and commissioning services to achieve certification.
12. CONSULTANT shall consider the value of alternative materials, building
systems and equipment, together with other considerations based on program,
LEED, budget and aesthetics, in developing the design for the PROJECT.
13. CONSULTANT shall prepare and make presentations to explain the design of
the PROJECT at various occasions to representatives of the CITY, as directed by
the CITY according to SECTION 2 – “SCOPE OF SERVICES” of this EXHIBIT A.
In addition CONSULTANT will be required to attend and prepare presentation
materials for designated City Council meetings to present the design. These
meetings are scheduled for the first part of 2016.
14. CONSULTANT shall prepare and present to the CITY an Organization Chart,
Directory, and Communication Flow Chart at the PROJECT Kick-Off Meeting.
This meeting shall introduce team members, establish routes of communication,
and discuss the participants' roles, responsibilities, and authority.
15. CONSULTANT shall submit written requests to the CITY for all information and
official documents related to the PROJECT.
16. CONSULTANT shall prepare and provide a public relations package suitable for
AIA Design Awards and any other similar awards submission. The public
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relations package shall, at a minimum, include the following elements:
photographs and graphic plans of the PROJECT. Two (2) copies of the public
relations package, as well as digital electronic files, shall be provided to the CITY.
CONSULTANT hereby grants to the CITY and its successors and assigns the sole
and exclusive right to copyright, trademark and publish the public relations
package in the United States and Canada and other countries of the world. Any
copyright or trademark shall be solely in the name of the CITY, and the CITY
shall remain the sole owner of such copyright or trademark. CONSULTANT
hereby grants to the CITY the right and power to apply in its name or otherwise
for such copyright or trademark or renewal or extension thereof as the CITY may
deem proper and all right, title, and interest in any such copyright or trademark,
renewal, or extension shall vest exclusively in the CITY and its successors and
assigns. The CITY grants the CONSULTANT the right to use any and all images
of the project for their own promotional efforts.
C. Estimate of Probable Construction Cost: CONSULTANT shall be responsible to design the
PROJECT and provide an Estimate of Probable Construction Cost consistent with the
following procedures and requirements.
1. CONSULTANT shall be responsible for designing the PROJECT so that the
Estimate of Probable Construction Cost is less than or equal to the
CONSTRUCTION BUDGET established by the CITY for the PROJECT. The Project
Construction Budget shall be provided by the CONSULTANT as a summary sheet
with submittal of each required Estimate of Probable Construction Cost, showing
comparisons of cost evolution for the PROJECT. As the design process progresses
CONSULTANT shall update and refine the Estimate of Probable Construction
Cost as required in SECTION 2 – “SCOPE OF SERVICES” of this EXHIBIT A.
CONSULTANT shall advise the CITY in writing of any adjustments to previous
Estimates of Probable Construction Cost indicated by changes in PROJECT
requirements or general market conditions.
2. Should the Estimate of Probable Construction Cost exceed the CONSTRUCTION
BUDGET, CONSULTANT shall, during the design phases of the project, revise,
without additional cost to the CITY, the design documents and/or Construction
Documents incorporating scope and quality changes to reduce the estimated
costs for construction, to within the CONSTRUCTION BUDGET.
CONSULTANT shall make changes only as approved by the CITY in writing.
Reductions in scope may be required to meet the CITY’s budget, and the CITY
will not unreasonably withhold permission for such reductions in order for the
CONSULTANTS to meet the budget. Notwithstanding the foregoing, to the
extent the Estimate of Probable Construction Cost exceeds the CONSTRUCTION
BUDGET due to any program, design or budget changes initiated and
authorized by the CITY, which are beyond CONSULTANT’s control, any
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changes required in the design documents, shall be considered as Additional
Services as noted in EXHIBIT C of this AGREEMENT.
3. In preparing the Estimate of Probable Construction Cost, CONSULTANT, in
consultation with the CITY, shall do each of the following: (a) include
contingencies for design, bidding, and price escalations to determine which
materials, equipment, component systems and type of construction are to be
included in the PROJECT, and (b) make reasonable adjustments and/or to value
engineer various items in all required submittal cost estimates of the PROJECT,
including bid alternates, in order to adjust the estimated construction cost to be
less than or equal to the CONSTRUCTION BUDGET.
4. If bidding has not commenced within 90 days after CONSULTANT submits the
Construction Documents to the CITY, CONSULTANT shall adjust the Estimate
of Probable Construction Cost to reflect changes in the general level of prices in
the construction industry. This will be an additional service.
5. CONSULTANT shall identify, develop and incorporate into the Construction
Documents “Add or Deduct Alternate” construction cost elements for a sum-
total equal to, but not greater than, 5% of the CONSTRUCTION BUDGET.
Alternates shall be approved by the CITY before being incorporated into the
Construction Documents.
6. Should the lowest responsive bid exceed the CONSTRUCTION BUDGET by
more than ten percent (10%), CONSULTANT shall, if directed by the CITY,
submit without additional cost to the CITY, revised Construction Documents
reflecting changes, approved by the CITY, to reduce the Construction Costs to
within the CONSTRUCTION BUDGET. The CITY acknowledges that the
CONSULTANT does not control market conditions and agrees that they may
allow reductions in scope in order to meet the CITY’s construction budget. . The
CITY further understands that in the event of substantial and material increase in
the cost of available labor and materials that was unforeseeable to the
CONSULTANT, that the CONSULTANT shall be compensated for changes to
the Construction Documents as additional services.
SECTION 2.0. SCOPE OF SERVICES
GENERAL
The CONSULTANT shall provide all services required to manage the project, including all
processes, all communication, all coordination, all record-keeping, and all process
documentation. The CONSULTANT shall propose a detailed schedule for the project for
review and approval of the CITY. The schedule shall anticipate decision points and allow for
reasonable float. The CONSULTANT shall solicit and obtain decisions from CITY as the project
process requires in order to advance the project in accordance with the approved project
schedule. The CONSULTANT shall prepare and submit to the CITY a project and process
update report at least monthly, or more frequently as project process requires.
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2.0.1 The CONSULTANT shall provide all services necessary required to complete the tasks
identified in the Scope of Services
2.0.2 The CONSULTANT shall coordinate and manage all subconsultants in each project task.
2.0.3 The CITY shall use the minimum work items identified in Appendices A-D as evidence
that the CONSULTANT meets the Task deliverable submission for billing purposes.
Any deficiencies in the minimum work items identified shall cause the CITY to reject the
entire submission, require the CONSULTANT to make appropriate corrections, and
resubmit, at no cost to the CITY. Earned value for submissions according to the EXHIBIT
D, Compensation Schedule shall not be considered earned until the Task Deliverable
meets the minimum work standards set for in the Appendices.
TASK #1.0: PREDESIGN ACTIVITIES (PROGRAMMING, SITE INVENTORY, ANALYSIS,
AND SYNTHESIS)
1.0.1 CONSULTANT shall review all existing project data available from the City
including, but not limited to: topographic survey, geotechnical reports, traffic studies,
CEQA documents, other environmental studies, tree surveys, arborist’s reports,
architectural, civil, mechanical, electrical plans, approved Master Plan, or other such
data. The CONSULTANT shall be entitled to reasonably rely upon the accuracy and
sufficiency of any information provided to the CONSULTANT by the CITY or the
CITY’s agents.
1.0.2 The CONSULTANT shall identify discrepancies or shortcomings among the existing
data, and identify solutions for resolution, and propose generation of additional site
information necessary to provide an accurate project base map.
1.0.3 The CONSULTANT shall utilize existing data to the extent possible and inform the
CITY immediately of problems associated with using existing data for project base
information.
1.0.4 The CONSULTANT shall create project base information in AutoCAD 2015 or Revit
2015 for use in subsequent project design tasks and submit to the CITY for review and
comment.
1.0.5 Programming - The new Cupertino City Hall (CCH) will be designed to integrate the
needs of its staff as a flexible and efficient workplace, while increasing its functionality
and accessibility to the community of Cupertino. The following work will be
performed as part of this task:
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Staff Workshop - P+W will conduct a workshop with a sampling of employees from
the four main CCH departments. We will work with CCH to create a cross-section of
work functions in each group as appropriate. These sessions will allow CCH to
validate initial survey findings, probe key issues related to how people work, and
explore the nature of collaboration within key work functions and across teams. Areas
of investigation may include:
Collaboration and communication
Team culture
Work cycles
Daily work patterns
Interaction with the public
Programming + Strategy Brief - The programming and strategy brief will:
Synthesize key findings about how staff at City Hall currently works
Address how an optimal future workplace will support staff well-being,
productivity, and ability to support the greater Cupertino community
Articulate any challenges CCH faces in creating a more optimal workplace
Diagram key adjacencies and layouts for the CCH workplace
Document all the area for all CCH space types as well as any specific design
elements
Document specific technical requirements for the future CCH
TASK #1.0: DELIVERABLES One (1) Architectural E1 size base drawing (30”x42”) as electronic
copy and one (1) 8 ½”x11”of the Programming + Strategy Brief.
TASK #2.0: CONCEPTUAL DESIGN
2.0.1 CONSULTANT shall use the approved base information for project conceptual
design.
2.0.2 CONSULTANT shall prepare three (3) conceptual solutions for the project, each
which address the primary project issues and budget.
2.0.3 CONSULTANT shall present each concept to the CITY with analysis for
evaluation. The CITY shall select one concept as the preferred solution and
provide the CONSULTANT with written direction to proceed with that concept.
2.0.4 CONSULTANT shall prepare for and present the recommended Conceptual
Design to City Council.
2.0.5 Finalize the approved Conceptual Design document.
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TASK #2.0 DEVLIVERABLES: Electronic copy (pdf) of an 8 ½”x11” bound report of three
(3) conceptual designs that meet the project goals and Appendix A minimum requirements
project goals.
TASK #3.0: SCHEMATIC DESIGN
3.00 Schematic Design Meetings
3.0.1 The CONSULTANT shall participate in three (3) design team meetings with
representatives of the CITY during this Schematic Design phase and provide
written meeting minutes to the CITY within five (5) business days.
3.0.2 CONSULTANT shall incorporate into the PROJECT refinements from discussions
from the various team meetings and any other requests from the CITY during this
phase.
TASK #3.0 Deliverables: One (1) each copy of written meeting minutes formatted on 8 ½”x11”
paper as an electronic copy (pdf format).
3.10 50% Schematic Design and Approval
3.1.1 The CONSULTANT shall use the CITY approved concept from Task #2 as the
basis for the 50% Schematic design.
3.1.2 The CONSULTANT shall prepare a 50% schematic design and submit it to the
CITY for approval. The 50% design shall indicate aesthetics, architecture, and
engineering of the building. The 50% Schematic design submission shall
include, at a minimum, all items identified in Appendix B of this
agreement.
3.1.3 CONSULTANT shall perform a 50% Schematic cost estimate for the
schematic plan presented, a design and construction schedule, and a
written preliminary code compliance review.
3.1.4 The CITY shall provide comments on the 50% Schematic Design. The
CONSULTANT shall respond to the comments within fifteen (15) calendar
days of receipt.
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3.1.5 The CONSULTANT shall incorporate the CITY comments from the 50%
Schematic Design submission into the 98% Schematic plans.
TASK #3.10 Deliverables: Electronic copy (pdf) of 50% Schematic Architectural E1
size drawings (30”x42”) and 8 ½”x11”of the Estimate of Probable Construction Cost.
3.20 Library Commission Presentation
3.2.1 The CONSULANT shall prepare a draft 50% Schematic presentation of the
Library expansion, for the Program Room addition, intended for the Cupertino
Library Commission and submit to the CITY for review and comment.
3.2.2 The CONSULTANT shall incorporate the CITY’s written comments and finalize
the presentation format.
3.2.3 The CONSULTANT shall present the 50% Schematic Design to the Cupertino
Library Commission and provide meeting minutes to the CITY for review.
3.2.4 The CONSULTANT shall attend a meeting with City staff to discuss the meeting
and comments by the Commission. The CITY shall resolve all issues resulting
from the Commission meeting.
TASK #3.20 Deliverables: One (1) each draft and final 50% Schematic PowerPoint Presentation
including 50% Schematic drawings; One (1) each 8 ½”x11” hardcopy and electronic copy (pdf)
of meeting minutes from the Library Commission presentation.
3.30 98% Schematic Design
3.3.1 CONSULTANT shall submit 98% Schematic Design drawings that shall include, at
a minimum, the items identified in Appendix B, the Exhibit C, Project Schedule,
and include an updated, written code compliance review.
3.3.2 CONSULTANT shall perform a 98% Schematic cost estimate for the schematic plan
presented, a design and construction schedule, and a written preliminary code
compliance review.
3.3.3 The CITY shall provide written comments on the 98% Schematic Design and the
CONSULTANT shall respond to the comments within fifteen (15) calendar days.
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3.3.4 CONSULTANT shall prepare for and present the recommended Schematic Design to
City Council.
3.3.5 Upon satisfactory resolution of CITY comments, the CITY shall sign-off and the
CONSULTANT shall incorporate the CITY comments from the 98% Schematic
Design submission into the 100% Schematic plans.
TASK #3.30 Deliverables: Electronic copies (pdf) of 98% Schematic Architectural E1 size
drawings (30”x42”) and electronic copy (pdf) of 8 ½”x11” of the Estimate of Probable
Construction Cost .
3.40 100% Schematic Design
3.4.1 The CONSULTANT shall submit the 100% Schematic Design to the CITY according
to the Appendix B minimum requirements.
3.4.2 The CONSULTANT shall submit a 100% Schematic Estimate of Probable Cost to the
CITY according to the Appendix B minimum requirements.
3.4.3 Written CITY approval of the 100% Schematic Design shall include a Notice to
Proceed with the Project Design Development Task.
TASK #3.40 Deliverables: Electronic copy (pdf) of 100% Schematic Architectural E1 size
drawings (30”x42”) and 8 ½”x11”of the Estimate of Probable Construction Cost.
TASK #4.00 DESIGN DEVELOPMENT:
4.00 Design Development Meetings
4.0.1 The CONSULTANT shall participate in five (5) design team meetings with
representatives of the CITY during this Schematic Design phase and provide
written meeting minutes to the CITY within five (5) business days.
4.0.2 CONSULTANT shall incorporate PROJECT refinements from the various team
meetings and any other requests from the CITY during this phase.
TASK #4.00 Deliverables: One (1) each copy of written meeting minutes formatted on
8 ½”x11” as one electronic copy (pdf format)
4.10 50% Design Development and Approval
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4.1.1 The CONSULTANT shall use the CITY approved concept from 100%
Schematic Design as the basis for the 50% Design Development.
4.1.2 The CONSULTANT shall prepare a 50% Design Development and submit
it to the CITY for approval. The 50% design shall be a refinement of the
schematic drawings and describe, in detail, the functional and aesthetic
aspects of the design. The 50% Design Development submission shall
include, at a minimum, all items identified in Appendix B of this
agreement.
4.1.3 The CONSULTANT shall submit 50% Design Development specifications
for the design development drawings. The specifications shall indicate
proposed organization and sections anticipated based on the 50% Design
Development drawings.
4.1.4 CONSULTANT shall perform a 50% Design Development cost estimate for
the submitted plans and specifications, an updated design and construction
schedule, and an updated code compliance review.
4.1.5 The CITY shall provide written comments for the 50% Design Development
drawings and specifications. The CONSULTANT shall respond to the
comments within fifteen (15) calendar days of receipt.
4.1.6 The CONSULTANT shall incorporate the CITY comments from the 50%
Design Development submission into the 98% Design Development plans.
TASK #4.10 Deliverables: Electronic copy (pdf) of 50% Design Development
Architectural E1 size drawings (30”x42”) and 8 ½”x11”of the Estimate of Probable
Construction Cost and the Design Development outline specifications (pdf).
4.20 98% Design Development
4.2.1 CONSULTANT shall submit 98% Design Development documents that shall
include, at a minimum, the items identified in Appendix B, the Exhibit C, Project
Schedule, and include an updated, written code compliance review.
4.2.2 CONSULTANT shall perform a 98% Design Development cost estimate for the 98%
Design Development plans, an updated design and construction schedule, and an
updated code compliance review.
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4.2.3 The CITY shall provide written comments on the 98% Schematic Design and the
CONSULTANT shall respond to the comments within fifteen (15) calendar days.
4.2.4 CONSULTANT shall prepare for and present the recommended Design
Development to City Council.
4.2.5 Upon satisfactory resolution of CITY comments, the CITY shall sign-off and the
CONSULTANT shall incorporate the CITY comments from the 98% Design
Development submission into the 100% Design Development plans, specifications,
and schedules.
TASK #4.20 Deliverables: Electronic copy (pdf) of 98% of Design Development Architectural E1
size drawings (30”x42”) and electronic copies (pdf) of 8 ½”x11” size of the 98%
Design Development specifications, Estimate of Probable Construction Cost, code
compliance review, and project schedule.
4.30 100% Design Development
4.3.1 The CONSULTANT shall submit the 100% Design Development drawings,
specifications, code compliance review, and schedule to the CITY according to the
Appendix B minimum requirements.
4.3.2 The CONSULTANT shall submit a 100% Design Development Estimate of Probable
Cost to the CITY according to the Appendix B minimum requirements.
4.3.3 Written CITY approval of the 100% Schematic Design shall include a Notice to
Proceed with the Construction Documents Task.
TASK #4.30 Deliverables: Electronic copy (pdf) of 100% Design Development
Architectural E1 size drawings (30”x42”) and 8 ½”x11” of the 100% Design Development
Estimate of Probable Construction Cost, specifications, code compliance review, and schedule.
TASK #5.0: CONSTRUCTION DOCUMENTS:
General
5.0.1 Construction drawings shall be created in AutoCAD 2015 or Revit 2015. An
editable version of the conform set of drawings shall be provided to construction
contractor for the purpose of producing as-constructed drawings.
5.0.2 The CONSULTANT shall participate in three (3) design team meetings with
representatives of the CITY during the Construction Document phase and provide
written meeting minutes to the CITY within five (5) business days.
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5.0.2 CONSULTANT shall incorporate PROJECT refinements from the various team
meetings and any other requests from the CITY during this phase.
5.0.3 Construction Document Building Integrated Modelling (BIM): The architectural,
landscape, structural, MEP and interior drawings will be produced from a REVIT
2015 model with a Level of Development (LOD) 200 that enables the Design Team
to overlay the various systems and perform clash detection.
TASK #5.00 Deliverables: One (1) each copy of written meeting minutes formatted on
8 ½”x11” paper as an electronic copy (pdf format)
5.10 50% Construction Documents and Approval
5.1.1 The CONSULTANT shall use the CITY approved 100% Design
Development submission from Task #4 as the basis for the 50%
Construction Documents.
5.1.2 The CONSULTANT shall prepare 50% Construction Documents and
submit them to the CITY for approval. The 50% Construction Documents
shall be a refinement of the City approved, 100% Design Development
drawings and describe, in detail, the functional and aesthetic aspects of the
design suitable for public bidding and project construction. The 50%
Construction Documents submission shall include, at a minimum, all
items identified in Appendix D of this agreement.
5.1.3 The CONSULTANT shall submit 50% Construction specifications for the
design development drawings. The specifications shall reflect the detail of
the 65% Construction drawings. The CONSULTANT shall format its
specifications to CITY’s STANDARD SPECIFICATION provided by the City at the
beginning of the project.
5.1.4 The CONSULTANT shall perform a 50% Construction Document cost
estimate for the submitted plans and specifications, and an updated code
compliance review based on the submitted documents.
5.1.5 The CONSULTANT shall assist the CITY in the development and
preparation of the PROJECT Manual that includes the Conditions of the
Contract for Construction, Specifications, qualifications for prime and
designated sub-contractors, bidding requirements and sample forms.
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5.1.6 The CITY shall provide written comments for the 50% Construction Document
drawings and specifications. The CONSULTANT shall respond to the comments
within fifteen (15) calendar days of receipt.
5.1.7 Upon satisfactory resolution of CITY comments, the CITY shall issue a written
Notice to Proceed and the CONSULTANT shall incorporate the CITY comments
from the 50% Construction Document submission into the 95% Construction
Document plans.
TASK #5.10 Deliverables: Electronic copy (pdf) of 50% Construction Documents
Architectural E1 size drawings (30”x42”) and 8 ½”x11” Construction Document Estimate
of Probable Construction Cost, Specifications, and Code Compliance review
5.20 95% Construction Documents
5.2.1 CONSULTANT shall submit 95% Construction Documents that shall include, at a
minimum, the items identified in Appendix B, the Exhibit C, Project Schedule, and
include an updated, written code compliance review.
5.2.2 CONSULTANT shall perform a 95% Construction Documents cost estimate for the
95% Design Development plans, and an updated code compliance review.
5.2.3 CONSULTANT shall support the CITY to review and comment on the
development and preparation of the PROJECT Manual that includes the
Conditions of the Contract for Construction, Specifications, qualifications
for prime and designated sub-contractors, bidding requirements, add
alternatives, and sample forms. CONSULTANT shall format its
specifications to CITY’s STANDARD SPECIFICATION sections.
5.2.3 The CITY shall provide written comments on the 95% Construction Documents and
the CONSULTANT shall respond to the comments within fifteen (15) calendar days.
5.2.4 CONSULTANT shall submit 95% Construction Document Package to the
City of Cupertino Building Department for building permit review. The
Building Department submittal shall include all applicable reports and calculations
required to obtain a City building permit for the project.
5.2.5 The CONSULTANT shall provide the CITY with final comments from the City
Building Department plan review.
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5.2.6 Upon satisfactory resolution of CITY comments from both the CITY plan review and
City Building Department review, the CITY shall issue a written Notice to Proceed
and the CONSULTANT shall incorporate all comments from both reviews into the
100% Design Development plans, specifications, and schedules.
TASK #5.20 Deliverables: : Electronic copy (pdf) of 95% Construction Documents
Architectural E1 size drawings (30”x42”) and 8 ½”x11” of the 95% Construction Document
specifications, Estimate of Probable Construction Cost, and code compliance review. Note: One
of the Task 5.20 deliverables is a hard copy for submission to the City Building Department.
5.30 100% Construction Documents
5.3.1 The CONSULTANT shall submit the 100% Construction Document drawings,
specifications, and code compliance review to the CITY according to the Appendix D
minimum requirements.
5.3.2 The CONSULTANT shall submit a 100% Construction Document Estimate of
Probable Cost to the CITY according to the Appendix D minimum requirements.
5.3.3 The CONSULTANT shall submit the 100% Construction Documents along with all
other CITY requirements to the City of Cupertino Building Department and obtain a
building permit for the project.
TASK #5.30 Deliverables: Electronic copy (pdf) of 100% Construction Documents
Architectural E1 size drawings (30”x42”) and 8 ½”x11” Project Manual with Add
Alternatives, Specifications, and Estimate of Probable Construction Cost ready for public
bidding.
TASK # 6.0: BID AND AWARD
6.0.1 CONSULTANT shall provide the following bid phase services, at the City’s
request, through award of the construction contract:
a. Attend the general contractor pre-bid meeting.
b. Respond to bidders’ questions until the question cutoff period identified in the
bid documents package.
c. Prepare addenda to the bid set plans and specifications prior bid question
cutoff identified in the bid documents
d. Assist in the evaluation of bids as requested by the CITY.
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6.0.2 CONSULTANT shall update the Construction Document package to include all
addenda issued during the Bid process and submit a Conformed Set of drawings
and specifications to the CITY within ten (10) days of the contract award by the
City Council
.
Task 6.0 Deliverables:
A. The CONSULTANT shall provide two (2) complete wet signed, stamped Conform Sets
of Construction Documents and Technical Specifications that includes the 100%
Construction Documents Package and all bid addenda. The submitted documents shall
be in reproducible, hard copy format.
B. The CONSULATANT shall provide two (2) complete electronic format Conform Set
Construction Documents and Technical Specifications in both native file formats
(AutoCAD, Revit, MS Word) and pdf on a CITY compatible CD/DVD ROM disk media.
Compatibility with the City hardware shall be verified by the CONSULTANT prior to
final submission.
TASK #7.0: CONSTRUCTION ADMINISTRATION
7.0.1 CONSULTANT’s responsibility to provide the Construction Administration
Services commences with the construction contract award and ends with
submission of the final PROJECT Punch List.
7.0.2 CONSULTANT shall advise the CITY, in writing, of any construction items that are
not in conformance with the Contract Documents.
7.0.3 CONSULTANT shall have reasonable access to the construction of the PROJECT
wherever it is in preparation or progress as appropriate to meet its obligations
under this AGREEMENT.
7.0.4 Duties, responsibilities and limitations of authority of CONSULTANT under this
Task shall not be restricted, modified or extended except by advance, written
agreement between CITY and CONSULTANT.
7.1 SUBMITTALS:
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7.1.1 The CONSULTANT shall review and approve or reject the Contractor's
submittals as within fifteen (15) working days of receipt. The CONSULATANT
may request additional review time for particularly complex or unusual submittals.
The CITY shall not grant additional review time for standard construction item
submittals.
7.1.2 The CONSULTANT shall maintain a detailed record of all submittals and
content supplied by the Contractor.
7.2 REQUESTS FOR INFORMATION (RFI):
The CONSULTANT shall review Contractor Requests for Information and provide
a written response to the Contractor with a copy to the CITY, within ten (10)
working days of receipt. The CONSULTANT’s response shall provide, with
advance CITY approval, supplemental drawings and/or specifications necessary to
clarify the RFI.
Task 7.2 Deliverables: One (1) electronic copy (pdf) of the original RFI and the CONSULTANT
response.
7.3 CHANGE ORDERS:
7.3.1 CONSULTANT shall review and advise the CITY on requests by the
CITY or Contractor for changes in the construction of the PROJECT.
7.3.2 The CONSULTANT shall review City prepared Contract Change Orders
shall, where necessary, prepare Drawings and Specifications to describe Work to be
added, deleted or modified.
7.3.3 The CONSULTANT shall maintain all records relative to changes in the
construction.
Task 7.3 Deliverables: One (1) electronic copy (pdf) of the CONSULTANT change order review
and any drawings and/or specifications produced to accompany the change order.
7.4 SITE OBSERVATION
7.4.1 The CONSULTANT shall attend weekly construction meetings. The goal
of these site visits is to observe the progress and quality of construction,
inform the Owner of defects and deficiencies observed at the site, provide
clarification of construction documents when needed, and provide a
summary report of the visit.
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Task 7.4 Deliverables: One (1) electronic copy (pdf) of the CONSULTANT weekly site visit
report
7.5 CONSTRUCTION CLAIMS AND DISPUTES
The CONSULTANT shall advise the CITY on claims, disputes or other matters in
question between the CITY and Contractor. The CITY shall be the final arbiter in
all such matters.
Task 7.5 Deliverables: One (1) electronic copy (pdf) of the CONSULTANT claim/dispute
report.
7.6 BLANK
7.7 CONSULTANT MEETINGS
The CONSULTANT shall include five (5) additional site meetings in the Construction
Administration phase and provide meeting minutes to the CITY within five (5) business
days.
Task 7.7 Deliverables: One (1) electronic copy (pdf) of the meeting minutes.
7.80 PROJECT COMPLETION:
7.8.1 CONSULTANT shall obtain from the Contractor and forward to the
CITY, for the CITY’s review and records, written warranties and related
documents required by the Contract Documents and assembled by the
Contractor, and shall issue a Punch List which denotes the portion of the
work of the PROJECT that needs to be completed by the Contractor based
upon a final observation indicating the construction of the PROJECT is in
general accordance with the requirements of the Contract Documents.
7.8.2 CONSULTANT’s observations for Final Completion shall be conducted
with the CITY’s designated representative to check conformance of the
construction of the PROJECT with the requirements of the Contract
Documents Package and to verify the accuracy and completeness of the list
submitted by the Contractor of work to be completed or corrected.
7.8.3 When the construction of the PROJECT is found to be substantially
completed by CONSULTANT, CONSULTANT shall advise the CITY
about the balance of the PROJECT construction to be completed and
identify the remaining balance to be paid the Contractor, including any
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amounts estimated needed to pay for Final Completion or correction of
the construction work.
7.9 RECORD DOCUMENTS AND PROJECT CLOSE-OUT
a. CONSULTANT shall review the Contractor’s checklist for completion of all
required Contractor submittals and shop drawings as indicated in the Contract
Documents.
b. CONSULTANT shall review Contractor-supplied operation and maintenance
manuals for completeness as noted in the Contract Documents.
c. CONSULTANT shall review contractor warranties as noted in the Contract
Documents.
d. CONSULTANT shall review final pay request from Contractor for accuracy as
noted in the Contract Documents.
e. CONSULTANT to complete all work necessary to achieve LEED Silver
Certification.
TASK #8: ADDITIONAL SERVICES
Consultant services not specifically identified in the Scope of Services shall be
considered Additional Services. At the CITY’s request, the CONSULTANT shall provide a fee
proposal for specific additional services consistent with the professional rate schedule in
Section.
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EXHIBIT B
SERVICE ORDER PROCESS
The CONSULTANT shall provide services under this Master Agreement on an “as needed”
basis and only (1) upon written request from the CITY’s Director of Public Works or authorized
Agent as defined in Article 11, Project Coordination, and (2) as defined in a fully executed
Service Order..
SECTION 1- SERVICE ORDER INITIATION
A. The City Public Works Director or his designee shall provide written request for
Consultant services as defined in this agreement. The Consultant and City shall meet to
discuss the services after which the consultant shall provide a written proposal
including specific scope of services, performance schedule, and compensation to the
City.
B. The City and Consultant shall discuss the proposal in detail and agree upon the terms of
the Service Order.
C. The City shall prepare a Project Service Order consistent with the City’s standard form,
Service Order, and Attachment A. The Service Order shall, at a minimum, include (1)
specific scope of services, deliverables, schedule of performance, and compensation.
SECTION 2- SERVICE ORDER EXECUTION
D. Both parties shall execute the Service Order as evidenced by the signatures of the
authorized representatives defined in Article 11 of the Master Agreement, Project
Coordination, and the date signed.
E. The Consultant shall begin work on the scope of services only after receipt of a fully
executed authorized Service Order defining those services. Consultant understands and
agrees that work performed before the date of the authorized Service Order or outside
the scope of services once a Service Order is signed and authorized shall be at no cost to
the City.
F. The maximum compensation authorized by a single Service Order and/or the aggregate
of Service Orders shall not exceed the maximum compensation set forth in Article 4 of
the Master Agreement.
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EXHIBIT C
COMPENSATION
The City shall compensate the Consultant according to the hourly rate(s) stated in this Exhibit
which shall remain in effect for the Master Agreement schedule of performance unless changed
by written amendment to the Master Agreement.
Each authorized Service Order under this Master Agreement shall identify the method of
compensation consistent with the scope of services provided by the Consultant. In any case, the
Consultant’s total payment for each authorized Service Order shall not exceed the maximum
compensation identified in that Service Order, unless authorized by a written amendment
executed by the City and the Consultant, and the total compensation for all authorized Service
Orders shall not exceed the maximum compensation stated in Article 4, Consultant
Compensation, of the Master Agreement.
Work exceeding the total authorized amount for a Service Order or the total compensation for
the Master Agreement shall be at no cost to the City.
Consultant Hourly Rate(s)
The Consultant shall be compensated according to the following hourly rate(s) for all work
performed under authorized Service Orders:
Rates: Hourly Rates
CUPERTINO A/E HOURLY RATES
August 11, 2015
PERKINS + WILL ARCHITECTS BILLING HOURLY RATES:
Senior Principal $ 395
Principal $ 310
Associate Principal $ 260
Sr. Project Manager $ 230
Sr. Project Designer $ 220
Sr. Project Architect $ 220
Sr. Technical Coordinator $ 215
Project Manager $ 205
Project Designer $ 195
Project Architect $ 195
Technical Coordinator $ 178
Arch III/ Design III $ 168
Arch II/ Design II $ 126
Arch I/ Design I $ 115
Intern $ 100
Administrative $ 95
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PAE (MEP) HOURLY RATES:
Principal $295
Associate Principal $275
Senior Associate $250
Associate $225
Sr. Engineer/Sr. Designer $200
Lead Engineer/Lead Designer $185
Project Engineer/Project Designer $165
Staff Engineer/Designer $150
Engineer/Designer $130
CAD/BIM Operator $120
Project Coordinator $110
Project Assistant $110
Senior Commissioning Agent $225
Commissioning Agent $185
Commissioning Coordinator $150
Commissioning Support $110
TBD COST ESTIMATOR HOURLY RATES:
Gordon Beveridge Principal/PM $175
Sr. Mechanical Estimator $155
Sr. Electrical Estimator $155
Senior Estimator $155
Assistant Estimator $125
TIPPING STRUCTURAL HOURLY RATES:
Principal $225
Associate $180
Manager $160
Engineer $140
CAD/BIM $125
Admin $160
TEECOM HOURLY RATES (ACOUSTICS, TELECOMMUNICATIONS, A/V, and SECURITY):
Principal $275
Associate Principal $250
Sr. Associate $230
Sr. Consultant $230
Associate $210
Sr. Design Engineer $190
Project Manager II $190
Design Engineer $170
Project Manager I $170
Designer $125
LUMA/PAE (Lighting Design):
Design Director $250
Senior Designer $200
Lead Designer $185
Project Designer $165
Staff Designer (Level 2) $150
CAD/BIM Operator $120
Project Coordinator $110
Project Assistant $110
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BKF HOURLY RATES:
Principals’ time is chargeable at $215.00- $236.00 per hour.
ENGINEERING
Project Manager $177.00 - $183.00
Engineer IV $164.00
Engineer I, II, III $115.00 - $133.00 - $151.00
PLANNING
Planner I, II, III $115.00 - $133.00 - $151.00
SURVEYING
Associate $187.00
Project Manager $177.00-$183.00
Surveyor I, II, III, IV $115.00 - $133.00 - $151.00 - $164.00
Survey Party Chief $153.00
Survey Chainman $99.00
Apprentice I, II, III, IV $61.00 - $81.00 - $89.00 - $95.00
Instrument man $128.000
DESIGN AND DRAFTING
Technician I, II, III, $112.00 - $118.00 - $130.00 $112.00 - $118.00 - $130.00
Drafter I, II, III, IV, $87.00 - $96.00 - $104.00 - $114.00 $87.00 - $96.00 - $104.00 - $114.00
CONSTRUCTION ADMINISTRATION/QSP-QSD/INSPECTION
Senior Construction Administration $173.00
$61.00
Resident Engineer $128.00
Field Engineer I, II, III $115.00 - $133.00 - $151.00
SERVICES AND EXPENSES
Project Assistant $72
Clerical/Administrative Assistant $61
Reimbursable Expenses
Reimbursable expenses represent the acquisition cost of items, other than direct labor,
specifically required to perform the scope of services and beyond normal business operating
expenses which are included in the direct labor rate. Such expenses include, but are not limited
to:
Materials, outside services and subconsultants include a 15% administrative fee.
Individual or multiple document reproductions that exceed 50 pages;
Drawing or bid set reproductions;
Software required by City other than Microsoft Word, Excel, PowerPoint, and Project;
Adobe Acrobat; and a photo editor program.
Travel expenses to the extent allowed by City policy; Mileage will be charged per the
current IRS standard mileage rate at the time the costs occur;
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Sub-consultants required by project scope of services;
Safety equipment required by City policy or the project scope of services;
Mass mailing notifications;
Expenses for public meetings, such as refreshments, interpreters, security, valet parking,
facility rental, tents or booths, easels, markers, paper, presentation equipment.
The City shall compensate the Consultant for such reimbursable expenses only with prior
written authorization by the City representative designated in Article 11, Project Coordination,
of the Master Agreement. All compensation, including reimbursable expenses, shall not exceed
the maximum compensation for the Service Order.
The City shall compensate the Consultant for reimbursable expenses for the documented actual
cost only, allowing for no surcharge for Consultant administration. Reimbursable expenses shall
be separately identified on the Consultant invoice.
Method of Payment
The Consultant shall submit an invoice to the City by the 5th business day of each month that
clearly identifies the work performed in the previous month and authorized reimbursable
expenses. All invoices from Consultant shall be addressed to City at:
Attention: Katy Jensen
City of Cupertino
10300 Torre Ave.
Cupertino CA 95014
E-mail: katyj@cupertino.org
The invoice shall identify the applicable period of work, a description of the work performed
consistent with the Service Order scope of services, the number of hours, hourly rate,
reimbursable expenses, Service Order maximum compensation, Service Order compensation to
date including invoice number, total invoice amount for current invoice, Service Order
maximum compensation balance remaining.
All Consultant payments shall be addressed to:
Perkins+Will
2 Bryant Street, Suite 300
San Francisco, CA 94105
Attention: James Mallery
E-Mail: james.mallery@perkinswill.com
END OF EXHIBIT
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EXHIBIT D
SCHEDULE
See following sheet for general project schedule.
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APPENDIX A
TASK 1: PREDESIGN and TASK 2: CONCEPTUAL DESIGN
A. PURPOSE: Appendix A describes the minimum content required for project deliverables
identified in Exhibit A Scope of Services Tasks 1 and 2. Project deliverables under all Tasks
must be reviewed and written City approval obtained prior to start of a subsequent task.
B. GENERAL: CONSULTANTS deliverables shall include, at a minimum, the work
described in each task identified in this appendix. The CONSULTANT may include other
work in the Task deliverable submission as it sees fit to meet the intent of a Task
submission.
C. The CITY shall use the minimum work items identified in Appendix A as evidence that the
CONSULTANT met the Task deliverable submission for billing purposes. Any deficiencies
in the minimum work items identified shall cause the CITY to reject the submission, require
the CONSULTANT to make appropriate corrections and resubmit, at no cost to the CITY.
Earned value for submissions according to the EXHIBIT C, Compensation Schedule
shall not be considered earned until the Task Deliverable meets the minimum work
standards set for in this Appendix.
D. The Appendix shall be used as a guideline for professional services performance in this
Agreement and shall not modify the CONSULTANT’s inherent responsibilities identified
in this AGREEMENT. In the event of any conflict with Exhibit A, Scope of Services, Exhibit
A governs.
TASK 1: PREDESIGN
A. PROJECT INFORMATON ANALYSIS:
1. Review of CITY provided Guidelines and Program Documents.
2. Review of CITY Municipal Code, Zoning Regulations & adopted model codes.
3. Review of CEQA Report.
4. Review existing site information available from the CITY or other sources
5. Review other applicable reports and data.
B. BASE INFORMTION GENERATION
1. Base map production at a scale suitable project site study and visibility.
2. Existing site inventory and conditions
3. Existing topography, infrastructure, and utilities
4. Site opportunities and constraints analysis.
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TASK 2: CONCEPTUAL DESIGN
The minimum Conceptual design deliverable shall consist of the following:
1) Define project goals and objectives
2) Three (3) different concepts showing project design solutions given the site analysis.
3) Existing and proposed vehicular and pedestrian circulation.
4) Existing and proposed pedestrian circulation
5) Building massing
6) Solar impact
7) Analysis of each concept providing site opportunities, constraints, and conceptual
solutions.
The Conceptual Design submittal corresponds to 100% complete Conceptual Design
Documents.
-- END OF APPENDIX A –
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APPENDIX B:
TASK 3, Schematic Design
General:
A. Purpose: To describe the content of topics to be decided during the Schematic Design Phase
and documented in the Schematic Design submittal to the CITY during and at the
conclusion of this phase of the project.
B. Content: Design-Submittal No. 3 corresponds to 100% complete Schematic Design
Documents.
C. The CITY shall use the minimum work items identified in Appendix B as evidence that the
CONSULTANT met the Task deliverable submission for billing purposes. Any deficiencies
in the minimum work items identified shall cause the CITY to reject the submission, require
the CONSULTANT to make appropriate corrections and resubmit, at no cost to the CITY.
Earned value for submissions according to the EXHIBIT C, Compensation Schedule shall
not be considered earned until the Task Deliverable meets the minimum work standards set
for in this Appendix.
D. The Appendix shall be used as a guideline for professional services performance in this
Agreement and shall not modify the CONSULTANT’s inherent responsibilities identified in
this AGREEMENT. In the event of any conflict with Exhibit A, Scope of Services, Exhibit A
governs.
Schematic Design Submittal Checklist ():
A. PREREQUISITE ITEMS:
1. Approval of Conceptual Design Phase by the CITY, including floor plan and massing
and authorization to begin Schematic Design Phase.
2. To Do List for Schematic Design:
a. Preliminary schedule of utility information for all systems and equipment.
b. Preliminary Catalog cuts and layout requirements of major equipment.
c. Office/Administrative area breakdowns.
d. Identification of design/build systems (if any).
e. Approval of all special consultants’ requirements, such as acoustical, food service,
vibration, etc.
f. Identification of special storage areas and associated design criteria.
g. Identify high noise areas.
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h. Define scope of base building work vs. outfitting (Tenant Improvement). (if
applicable)
i. Inventory of all existing items to be reused. (if applicable)
B. ARCHITECTURAL drawings shall include:
1. Site Plan
2. Demolition Plan (if applicable)
3. Floor Plans –
a) Showing all programmed and ancillary areas.
b) Showing location of restroom, kitchen and major equipment spaces
4. Roof Plan – Showing major features (skylights, penthouses, HVAC equip, etc)
5. Building Section(s)
6. Typical Wall Sections (interior/exterior)
7. Building Elevations
8. Reflected Ceiling Plan grids (if applicable)
9. Materials List.
10. Title 19, 24, UBC, handicapped, etc. checklist
C. CIVIL drawings and written statement shall include:
a. Rough grading - based on preliminary landscape layout. Show existing and new.
(Recommended Min. Scale 1" = 30')(Include existing items to remain, bldg. pad,
boundaries, easements, setbacks, etc.)
b. Roadways. Preliminary horizontal layout only.
c. Written statement of proposed design.
D. LANDSCAPING drawings and written statement shall include:
a. Schematic Plan & Sections (showing existing & new planting, fencing, walls and
hardscape) (Recommended Min. Scale 1" = 30')
b. Irrigation System description – identify deviations (if any) from CITY standards.
c. Written statement of proposed design.
E. STRUCTURAL written statement shall include:
a. System selection finalized.
i. Foundation.
ii. Bay size and story heights.
iii. Type of construction.
b. Identify special areas based on preliminary information.
c. Review of completed soils report & verification of compliance of Structural
systems.
F. MECHANICAL (HVAC) written statement shall include:
a. System selection proposed.
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b. Identify special areas and heights based on preliminary information. (i.e.,
Mechanical Rooms, Penthouses, etc.)
c. Preliminary building load calculations for rough sizing of equipment.
d. Written statement of proposed design.
G. PLUMBING/PROCESS PIPING written statement shall include:
a. System selection proposed.
b. Special areas identified based on preliminary information.
c. Written statement of proposed design.
H. ELECTRICAL written statement shall include:
a. Systems Selection:
a. Power - Conceptual single line diagram.
b. Identify special Areas and sized (i.e., Elec. Equipment Rooms, Telephone/
Communication Rooms, transformer pad and locations, etc.)
c. Probable pre-ordered equipment identified.
d. Written statement of proposed design.
I. LOW VOLTAGE written statement shall include:
a. Fire Alarm System.
b. Audio/Visual System.
c. Security System (Door Alarm, Card access, CCTV).
d. Equipment Monitoring and/or Alarm System.
e. Cable TV.
f. Sound Masking/Acoustical Control.
g. Telephone and Data Communications.
h. Written statement of proposed design.
J. GREEN BUILDING (LEED) written statement shall include:
a. LEED Rating System Scorecard
b. LEED Project Registration Form and support information
c. Written statement of proposed design, including alternative solutions, cost
analysis of LEED Alternatives, evaluation criteria of LEED credits proposed.
K. OTHER DEPARTMENT REQUIREMENTS:
a. Site Development Application, and requested documentation.
b. Environmental Clearance Application, and requested documentation.
c. Storm Water Pollution Prevention Plan (SWPPP).
d. 3-Plans (Off-site improvements only plans).
e. Meet all Departments review requirements as requested.
-- END OF APPENDIX B --
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APPENDIX C:
TASK 4, Design Development
General:
A. Purpose: To describe the content of topics to be decided during the Design Development
Phase and documented in the Design Development submittals to the CITY during and at the
conclusion of this phase of the project.
B. The CITY shall use the minimum work items identified in Appendix C as evidence that the
CONSULTANT met the Task deliverable submission for billing purposes. Any deficiencies
in the minimum work items identified shall cause the CITY to reject the submission, require
the CONSULTANT to make appropriate corrections and resubmit, at no cost to the CITY.
Earned value for submissions according to the EXHIBIT C, Compensation Schedule shall
not be considered earned until the Task Deliverable meets the minimum work standards set
for in this Appendix.
C. The Appendix shall be used as a guideline for professional services performance in this
Agreement and shall not modify the CONSULTANT’s inherent responsibilities identified in
this AGREEMENT. In the event of any conflict with Exhibit A, Scope of Services, Exhibit A
governs.
Design Development Submittal Checklist
A. PREREQUISITE ITEMS:
1. Adjustments to equipment utilities and layout. (Final Equipment Book)
2. Approval of and comments on Schematic Design Phase (Design-Submittal No. 2)
(drawings & outline specifications)
3. Define level of equipment hook-up. (Install infrastructure vs. final hook up by
contractor)
4. Specific telephone/communications/ data /TV requirements by room.
5. Lighting control zones identified.
6. Special lighting requirements identified.
7. Incorporation of CITY LPS Exterior Lighting Installation policy
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B. ARCHITECTURAL drawings and outline technical specifications manual shall include:
1. Site Plan.
2. Building Floor Plan(s).
3. Building Sections.
4. Building Elevations.
5. Reflected Ceiling Plan(s).
6. Key Interior Elevations.
a. Showing Finish Materials
7. Large Scale Plans.
8. Typical Wall Section(s) (interior & exterior)
9. Key special equipment specs/cut sheets.
10. Shelving and fixed units locations.
11. Food service layout, if any.
12. Outline Finish Color & Materials Schedule – Min. of two (2) options.
13. Size and location of major floor, roof & wall openings.
14. Identify full height partition/fire walls/smoke drafts.
15. Establish system information for envelope T-24 energy calculations.
16. Outline technical specifications manual (or first draft of Standard Specifications).
C. LANDSCAPING: drawings and outline technical specifications manual include:
1. Site Plan.
2. Preliminary irrigation information - main line layouts and points of connection.
3. Preliminary site details.
4. Preliminary berming/grading and hardscape Plans.
5. Site furnishings.
6. Site lighting.
7. Plant/materials list
8. Outline technical specifications manual (or first draft of Standard Specifications).
D. CIVIL: drawings & DD specifications shall include:
1. Site Plan - Computed site improvements layout. Include precise locations of major
elements relative to benchmarks, corners, etc. Computer plot of roads parking, &
building if required. Issue to other disciplines for background. Show grading,
boundaries and fencing.
2. Street Section(s)/driveways.
3. Preliminary drainage layout.
4. Off-Site utility coordination - may need to be completed earlier to study alternates.
5. Special feature design.
6. Preliminary site utilities layout including points of connection, if applicable.
7. Outline technical specifications manual (or first draft of Standard Specifications).
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E. STRUCTURAL:
1. Foundation outline.
2. Floor Framing Plan(s)/Structural grid.
3. Roof Framing Plan (Typical Bay Sized).
4. All loads defined.
5. Preliminary structural member sizes based on all typical vertical loads and vibration
criteria.
6. Typical framing sections.
7. Lateral defined and major elements located.
8. Outline technical specifications manual (or first draft of Standard Specifications).
9. Written statement of proposed design,
F. MECHANICAL - (HVAC):
1. Major equipment size, weights & locations including inertia pads. Loads and emergency
requirements to Architectural, Structural and Electrical.
2. Major penetrations/plenums/ducts.
3. Special equipment layout.
4. Plenum space requirements determined finalized.
5. Pre-ordered equipment identified - preliminary specifications.
6. Preliminary utility requirements to plumbing - gas, water, drainage.
7. Initial schedule of all equipment.
8. Outline technical specifications manual (or first draft of Standard Specifications).
G. PLUMBING/PROCESS PIPING:
1. Major services sizes, weights, and locations. Loads and emergency requirements to
Electrical.
2. Plumbing Plans showing major services and toilet room layouts.
3. Preliminary RWL and Overflow Layout.
4. Preliminary site utilities layout, if applicable. Locate meters and sewer main connection.
Coordinated with Civil.
5. Preliminary fixture list.
6. Major pipe weights to structural.
7. Pre-ordered equipment identified - preliminary specifications
8. Outline technical specifications manual (or first draft of Standard Specifications).
H. ELECTRICAL:
1. Preliminary equipment room layouts and locations.
2. Major load calculations.
3. Preliminary site design/utility coordination, essentially complete. Coordinated with
Civil.
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4. Typical lighting layout showing all ceiling fixture types and ceiling mounted
equipment/devices (typical bays with circuiting and switches and receptacle and
telephone).
5. Branch circuit pane board, etc. layouts.
6. Define emergency power system.
7. Pre-Ordered Equipment identified - preliminary specifications.
8. Outline technical specifications manual (or first draft Standard Specifications).
I. LOW VOLTAGE:
1. Fire Alarm System.
2. Audio/Visual System.
3. Security System (Door Alarm, Card access, CCTV).
4. Equipment Monitoring and/or Alarm System.
5. Cable TV.
6. Sound Masking/Acoustical Control.
7. Telephone and Data Communications.
8. Outline technical specifications manual (or first draft Standard Specifications).
J. FIRE PROTECTION:
1. Preliminary AFS layout - typical bay (unless design-build specification).
2. AFS riser(s) located.
3. Major pipe weights to structural.
4. Coordinate backflow preventor location w/ Civil.
5. Outline technical specifications manual (or first draft of Standard Specifications).
K. GREEN BUILDING (LEED) drawings and outline technical specifications manual include:
1. LEED Rating System Scorecard
2. LEED Project Registration Form and support information
3. Written statement of proposed design, including alternative solutions, cost analysis of
LEED Alternatives, evaluation criteria of LEED credits proposed.
-- END OF APPENDIX C --
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APPENDIX D:
TASK 5, Contract Documents
TASK 6, Bidding and Award
General:
A. Purpose: To describe the content of submittals required by the CITY during and at the
conclusion of this phase of the project.
B. The CITY shall use the minimum work items identified in Appendix D as evidence that the
CONSULTANT met the Task deliverable submission for billing purposes. Any deficiencies
in the minimum work items identified shall cause the CITY to reject the submission, require
the CONSULTANT to make appropriate corrections and resubmit, at no cost to the CITY.
Earned value for submissions according to the EXHIBIT C, Compensation Schedule shall
not be considered earned until the Task Deliverable meets the minimum work standards set
for in this Appendix.
C. The Appendix shall be used as a guideline for professional services performance in this
Agreement and shall not modify the CONSULTANT’s inherent responsibilities identified in
this AGREEMENT. In the event of any conflict with Exhibit A, Scope of Services, Exhibit A
governs.
D. Content: Design-Submittal Nos. 5a, and 5b correspond to 50%, and 95% complete Contract
Documents as defined below. Design-Submittal No. 6a corresponds to the Bid Package as
defined below, 6b corresponds to the Issued for Construction Package.
50% Construction Document Submittal Checklist
PRE-SUBMITTAL CHECKLIST
1. Address all CITY comments on Design Development Package (Design-Submittal No. 4)
submittal.
a. Final adjustments to equipment schedule/utilities
b. Final approval of all design systems
c. Final input on all outstanding issues
d. Approval by CITY of interior finishes and color palette
2. Hardware keying/style requirements
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3. Provide all input regarding construction contract, conditions, and project procedures and
administration (Division 1).
A. ARCHITECTURAL:
1. Title 24 Energy Calculation Sheets/Drawings.
2. Site Plan
3. Code Compliance Plan(s). Showing rated corridors, exit signs, Occupancy Classification,
etc.
4. Floor Plans - Brought to level of completion showing:
a. All areas and their uses
b. All doors, windows and special doors. Door numbers
c. All major dimensions
d. Major Building Sections and Wall Sections
e. All built-in items such as E.P.B., E.W.C., F.H.C., F.E.C., related cabs.
f. Shelving and fixed units locations (cabinetry, etc.)
5. Roof Plans
a. Roofdrains and overflow drains (coord. Plumbing calcs. for capacity).
b. All penetrations
c. Screens or railings
d. Gutters and downspouts
e. Roof and steel slopes
6. Interior Finishes. All major items specified at this stage.
a. Colors with locations
b. Materials
c. Schedules
7. Building Sections
8. Major Wall Sections
a. Indicating all heights
b. Indicating all materials
9. Building Elevations
a. Indicating all materials
b. Indicating all finishes, i.e. sandblasted concrete
10. Exterior Details
11. Door and Window types schedules.
12. Wall types
13. Window wall details (as applicable)
14. Interior Elevations
15. Large Scale Plans – (1/4”/FT scale )
a. Final stair and elevator dimensions and sections
b. Toilet core/shower/locker room layouts (as applicable)
16. Reflected Ceiling Plans – 50% CD Layouts
a. Lighting
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b. Exit signs (ceiling and wall mounted).
c. Diffusers
d. Tile types with legend.
e. All walls penetrating ceiling
f. Draftstop locations, if required.
g. Fire sprinkler heads, if appropriate.
h. Speakers
i. All edge of deck conditions.
17. Coordinated reflected ceiling plans showing major architectural, structural and
mechanical systems in the same plan to review conflicts.
18. Equipment specified at 50% CD phase requiring electrical connections to electrical.
(Electrical design to be based on this information).
19. Technical Specifications Manual.
B. CIVIL:
1. Grading Plans - with cut and fill calculations .
2. Site utilities. (on & off-site)
3. Horizontal control and vertical control.
4. Erosion Plan.
5. Demolition Plan.
6. Off-site Improvement plans (3-M).
7. Site Improvements with offsite improvements.
8. Technical Specifications Manual.
C. LANDSCAPE:
1. Flatwork plans with finishes, grades and hardscape.
2. Planting Plan
3. Preliminary planting list
4. Irrigation Plan, especially coordination items, controller, etc.
5. Specialty areas and details
6. Technical Specifications Manual.
D. STRUCTURAL:
1. Foundation Plans
a. All footing depths (Input needed for elevators, sumps, depressions, etc.)
b. All major penetrations
2. Framing Plans
a. All major members sized (Input needed for elevators, stairs, ducts, etc.)
b. All major openings shown
3. Major Sections
4. All schedules: foundation, beam, columns, waffle slab, etc., with general sizes shown
5. Start details. Some typical details shown.
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6. Technical Specifications Manual.
E. MECHANICAL (HVAC):
1. Floor Plans
2. Major and minor duct runs (sized)
3. Main piping runs
4. Sections showing levels of various work.
5. Section of equipment with operating weights and mounting details
6. Duct shaft layout
7. All major penetrations located
8. Catalog cuts of all equipment or preliminary schedule
9. Preliminary control diagrams
10. Equipment room layouts and sections and pad requirements
11. Typical details
12. All motors to electrical (locations & sizes)
13. Items requiring emergency power
14. Schematic piping diagrams
15. System flow diagrams
16. Load calculations 90% complete
17. Make-up water and drain req. coordinated with plumbing
18. Technical Specifications Manual.
F. PLUMBING
1. Fixture and equipment list
2. Roof plan with roof rain load areas and gutters and rain water leaders calculations.
3. Coordinate power and emergency power requirements with electrical.
4. Site Plan
a. Size and locate all utilities (on and off-site)
b. Site details - start
5. Floor Plans (Showing following piping layouts):
a. Domestic
b. Drainage - including slopes - locations, sizes and inverts for sanitary and storm
connections at building to be done earlier
c. R.W.L. and overflow - including slopes
6. Start Schedules
7. Coordination of items affecting structure
8. Equipment room layouts and pad requirements
9. All heat producing equipment to Mechanical.
10. Technical Specifications Manual.
G. ELECTRICAL:
7. Site Plan
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a. Distribution system. Power and telephone. High and low voltage
b. Manhole or vault requirement - layout
c. Site lighting
d. Utility runs and connections to off-site.
8. Floor Plans (locate but no circuits):
a. Lighting - including night lighting & emergency lighting
b. Power plans including underfloor system. Diagrammatic wiring layout.
c. Misc. systems plans, P.A., F.A., Security
9. Fixture list
10. Equipment room layouts and pad requirements, working toward final.
11. All heat producing equipment data to Mechanical.
12. Technical Specifications Manual.
H. LOW VOLTAGE:
1. Fire Alarm System.
2. Audio/Visual System.
3. Security System (Door Alarm, Card access, CCTV).
4. Equipment Monitoring and/or Alarm System.
5. Cable TV.
6. Sound Masking/Acoustical Control.
7. Telephone and Data Communications.
8. Technical Specifications Manual.
I.. FIRE PROTECTION:
1. Site Plan:
a. Main location and entry to building
b. PIV, FHC, FEC, locations and detail
2. Floor Plan w/Riser and water flow switch locations
3. Typical Details
4. Pump Room Layout (if applicable)
a. Fuel oil day tank
b. Control panels
c. Drains
d. Pad requirements
e. Coordinate power & emergency power requirements with Electrical
5. Technical Specifications Manual.
J. GREEN BUILDING (LEED) drawings and outline technical specifications manual include:
4. LEED Rating System Scorecard
5. LEED Project Registration Form and support information
6. Written statement of proposed design, including alternative solutions, cost analysis of
LEED Alternatives, evaluation criteria of LEED credits proposed.
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95% Construction Document Submittal Checklist/ Plan Check-set
A. ARCHITECTURAL:
1. Site Plan - Complete
2. Floor Plan(s) - Complete
3. Room Finish Schedule, Door Schedule including hardware groups, Window Types
Schedule and Details - Complete
4. Building Sections - Complete
5. Wall Sections - Complete
6. Building Elevations - Complete
7. Exterior Details. All details on the drawings essentially complete.
8. Interior Elevation and Large Scale Plans. Complete except for minor coordination with
any unfinished interior details.
9. Interior Details. All details on the sheet essentially complete.
10. Reflected Ceiling Plan(s) - Complete
11. Final Color and Material Schedule
12. WATERPROOFING OF BUILDING ANALYSIS.
13. TECHNICAL SPECIFICATIONS MANUAL – COMPLETE
B. CIVIL:
1. Layout and grading - Complete
2. Cut and fill - Complete
3. Site utilities - Complete
4. Details: All drawings essentially complete
5. Technical Specifications Manual – Complete
C. LANDSCAPE:
1. Flatwork - Complete
2. Planting and irrigation plans - Complete
3. Finished grading - Complete
4. Planting list - Complete
5. Details - Complete & cross-referenced
6. TECHNICAL SPECIFICATIONS MANUAL – COMPLETE
D. STRUCTURAL:
1. Foundation plans with most penetrations - Footing depths updated
2. Framing plans with most penetrations updated - Complete
3. Major Sections - Complete
4. Beam and Slab Schedule and Assoc. Details - Complete
5. Misc. Structural Details. All details essentially complete
6. Technical Specifications Manual – Complete
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E. MECHANICAL (HVAC):
1. Floor Plans - Essentially complete
2. Schedules - Essentially complete
3. Sections and Details - Essentially complete
4. Duct Shaft Layouts and Details - Complete
5. Control Diagrams - Complete
6. Details Sheets
a. Details that only effect mechanical - Started.
b. All others - Complete
7. Title 24 Calculations
8. Final motor loads coordinated w/ Electrical
9. Flow diagrams - Complete
10. Diffuser pattern - Complete
11. Technical Specifications Manual – Complete
F. PLUMBING
1. Floor Plans - Complete
2. Schedules and Diagrams - Complete
3. Site Work - Complete
4. Details - Complete
5. Final motor loads coordinated w/ Electrical
6. Title 24 Calculations
7. Technical Specifications Manual – Complete
G. ELECTRICAL:
1. Site Plan and Details - Complete
2. Floor Plans – All devices, fixtures, outlets, and equipment circuited and located. -
Complete
3. Fixture Schedule and lighting control diagrams - Complete
4. Panel Schedule, M.C.C. Schedule, and Power Schedule - Complete
a. Grounding
5. Equipment room layouts and details - Complete
6. Details: All included for review Complete
7. Energy use calculations (Title 24) - Complete
8. Short circuit analysis - Complete
9. Load calculations - Complete
10. All coordination with utility companies complete - Complete
11. Technical Specifications Manual.
H. LOW VOLTAGE:
1. Fire Alarm System – Complete
2. Audio/Visual System – Complete
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3. Security System (Door Alarm, Card access, CCTV) – Complete
4. Equipment Monitoring and/or Alarm System – Complete
5. Cable TV – Complete
6. Sound Masking/Acoustical Control – Complete
7. Telephone and Data Communications – Complete
8. Technical Specifications Manual.
I. FIRE PROTECTION:
1. Site Plan - Essentially complete
2. Floor Plans - Essentially complete
3. Pump Room Plans - Essentially complete
4. Details - Essentially complete
5. Head location – Complete
6. Technical Specifications Manual – Complete
J. GREEN BUILDING (LEED) drawings and technical specifications manual include:
1. LEED Rating System Scorecard
2. LEED Project Registration Form and support information
3. Written statement of proposed design, including alternative solutions, cost analysis of
LEED Alternatives, evaluation criteria of LEED credits proposed.
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100% Construction Document Submittal Checklist / Issued for Bid
ALL DISCIPLINES:
A. PREREQUISITE ITEMS:
1. Address all CITY comments on all previous Design-Submittals.
2. CITY to select all the following to incorporate in Technical Specifications Manual.
a. Testing Laboratories
b. On-Site Representative
c. Special inspection/testing.
d. Add Alternates.
e. Allowances Amount
B. REQUIREMENTS - Submittal Checklist Design-Submittal No. 6 (CD/Bid Package)
1. Complete all drawings and Technical specification Manual.
2. Obtain approval from the CITY for ADD Alternates.
3. Coordinate Consultant in-house and with ALL other disciplines.
4. Review all Code, Agency, Essential Service Facilities and Insurance underwriter
requirements.
5. Title 24 Energy Calculations for submittal to the CITY.
6. Submit drawings and specifications to the CITY for final approval & authorization to bid.
C. REQUIREMENTS - Construction Documents/Bid Packages:
For General Contract Bid and Pre-Bid Packages to be sent to the City, include the following:
1. Drawings (stamped and wet-signed by California Licensed Architect/Engineer).
2. Project Manual (incorporating CITY provided General Provisions) (Stamped and wet
signed cover sheet)
D. GREEN BUILDING (LEED) drawings and technical specifications manual include:
1. LEED Rating System Scorecard
2. LEED Project Registration Form and support information
3. Written statement of proposed design, including alternative solutions, cost analysis of
LEED Alternatives, evaluation criteria of LEED credits proposed.
E. ARCHITECTURAL:
1. Site Plan – Complete
2. Floor Plan(s) – Complete
3. Room Finish Schedule, Door Schedule including hardware groups, Window Types
Schedule and Details – Complete
4. Building Sections – Complete
5. Wall Sections – Complete
6. Building Elevations – Complete
7. Exterior Details. All details on the drawings essentially complete.
8. Interior Elevation and Large Scale Plans. Complete except for minor coordination with
any unfinished interior details.
9. Interior Details. All details on the sheet essentially complete.
10. Reflected Ceiling Plan(s) – Complete
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11. Final Color and Material Schedule
12. Technical Specifications Manual – Complete
F. CIVIL:
1. Layout and grading - Complete
2. Cut and fill - Complete
3. Site utilities - Complete
4. Details: All drawings essentially complete
5. Technical Specifications Manual – Complete
G. LANDSCAPE:
1. Flatwork - Complete
2. Planting and irrigation plans - Complete
3. Finished grading - Complete
4. Planting list - Complete
5. Details - Complete & cross-referenced
6. TECHNICAL SPECIFICATIONS MANUAL – COMPLETE
H. STRUCTURAL:
1. Foundation plans with most penetrations - Footing depths updated
2. Framing plans with most penetrations updated - Complete
3. Major Sections - Complete
4. Beam and Slab Schedule and Assoc. Details - Complete
5. Misc. Structural Details. All details essentially complete
6. Technical Specifications Manual – Complete
I. MECHANICAL (HVAC):
1. Floor Plans - Essentially complete
2. Schedules - Essentially complete
3. Sections and Details - Essentially complete
4. Duct Shaft Layouts and Details - Complete
5. Control Diagrams - Complete
6. Details Sheets
a) Details that only effect mechanical - Started.
b) All others - Complete
7. Title 24 Calculations
8. Final motor loads coordinated w/ Electrical
9. Flow diagrams - Complete
10. Diffuser pattern - Complete
11. TECHNICAL SPECIFICATIONS MANUAL – COMPLETE
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J. PLUMBING
1. Floor Plans - Complete
2. Schedules and Diagrams - Complete
3. Site Work - Complete
4. Details - Complete
5. Final motor loads coordinated w/ Electrical
6. Title 24 Calculations
7. Technical Specifications Manual – Complete
K. ELECTRICAL:
1. Site Plan and Details - Complete
2. Floor Plans – All devices, fixtures, outlets, and equipment circuited and located. -
Complete
3. Fixture Schedule and lighting control diagrams - Complete
4. Panel Schedule, M.C.C. Schedule, and Power Schedule - Complete
a) Grounding
5. Equipment room layouts and details - Complete
6. Details: All included for review Complete
7. Energy use calculations (Title 24) - Complete
8. Short circuit analysis - Complete
9. Load calculations - Complete
10. All coordination with utility companies complete - Complete
11. Technical Specifications Manual.
L. LOW VOLTAGE:
1. Fire Alarm System – Complete
2. Audio/Visual System – Complete
3. Security System (Door Alarm, Card access, CCTV) – Complete
4. Equipment Monitoring and/or Alarm System – Complete
5. Cable TV – Complete
6. Sound Masking/Acoustical Control – Complete
7. Telephone and Data Communications – Complete
8. Technical Specifications Manual.
M. FIRE PROTECTION:
1. Site Plan - Complete
2. Floor Plans - Complete
3. Pump Room Plans - Complete
4. Details - Complete
5. Head location - Complete
6. Technical Specifications Manual – Complete, identifying design-build of Fire Protection
Assemblies.
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Issued for Construction Package Checklist
ALL DISCIPLINES:
A. PREREQUISITE ITEMS:
1. Address all addenda, clarifications and value engineering comments incorporated into set.
B. REQUIREMENTS – Issued for Construction Documents Package:
1. Composite set of Drawings (stamped and wet-signed by California Licensed
Architect/Engineer).
2. Composite set of the Project Manual (incorporating CITY provided General Provisions)
(Stamped and wet signed cover sheet).
3. One (1)CD-ROM copy in an electronic PDF format of the entire submittal and one (1)
CD-ROM copy of the base sheets of all disciplines in AutoCAD (latest version
compatible with City’s version) and project manual in MS Word.
-- END OF APPENDIX D --
185
1
RESOLUTION NO. 15-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A
CONTRACT WITH PERKINS & WILL FOR THE CIVIC CENTER MASTER PLAN
DESIGN AND PROJECT IMPLEMENTATION; AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AND EXECUTE SERVICES ORDERS TO THE EXTENT
THAT FUNDS ARE APPROPRIATED; AND AUTHORIZING THE CITY MANAGER
TO EXECUTE OTHER AGREEMENTS FOR PROFESSIONAL SERVICES TO THE
EXTENT THAT FUNDS ARE APPROPRIATED FOR THE CIVIC CENTER MASTER
PLAN PROJECT IMPLEMENTATION
WHEREAS, the City of Cupertino (City), a municipal corporation and general law city
duly organized and existing under and pursuant to the laws of the State of California
(City) is authorized to enter contracts on its behalf and for the benefit of the City; and
WHEREAS, in the fall of 2013, a qualifications based selection process was conducted to
identify firms with the requisite skills to perform the planning and design services
required for the Civic Center Master Plan and its implementation; and
WHEREAS, based on the qualification process, Perkins+Will was selected as the firm to
provide planning services for the Civic Center Master Plan and the follow-on
architectural services due to their superior experience in both areas of expertise; and
WHEREAS, the additional reasons supporting the entrance of the City into the Master
Agreement between the City of Cupertino and Perkins+Will for Consultant Services for
Architectural Services for the Civic Center Master Plan Implementation Project and the
authorization for the City Manager’s authority to execute service orders and enter into
other professional services is set forth in detail in the staff reports and hearing at the
August 18, 2015 Council meeting and are incorporated herein by reference; and
WHEREAS, the consideration by the City Council of the adoption of this Resolution has
been duly noticed pursuant to applicable laws and Council provided members of the
public an opportunity to comment and be heard and considered all testimony and
evidence in connection with the adoption of this Resolution; and
WHEREAS, before taking any action in this Resolution, pursuant to the California
Environmental Quality Act, the Council exercised its independent judgment, and based
upon the entire record, finds that the action in this Resolution is within the scope of the
186
2
Initial Study and the Mitigated Negative Declaration adopted on July 7, 2015, and will
not result in a direct or reasonable indirect impact on the environment;
WHEREAS, the City Council determines that the adoption of this Resolution is in the
public interest.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES
HEREBY FIND, DETERMINE, RESOLVE, AND ORDER AS FOLLOWS:
Section 1. Recitals. The City Council does herby find, determine, and resolve that
the foregoing recitals are true and correct.
Section 2. Approval and Authorization. The City Council does further resolve that:
a. The City Manager is authorized to negotiate and execute the Master
Agreement between the City of Cupertino and Perkins+Will for Consultant
Services for Architectural Services for the Civic Center Master Plan
Implementation Project in substantially similar form as presented to Council
on August 18, 2015; and
b. The City Manager is authorized to negotiate and execute service orders to
implement the Master Agreement for phases of work to the extent that funds
have been appropriated for those purposes, but, in no event, in an amount to
exceed $5,500,00.00; and
c. The City Manager is authorized to negotiate and execute other agreements for
professional services to implement the approved Civic Center Master Plan, to
the extent that the funds are appropriated for such purposes, with the
following terms and conditions:
i. for professional services for: building systems engineering, site
investigation and engineering, building project/construction management;
interim move planning and facilitation, and financial advisory; and
ii. with a contract term not to exceed two years; and
iii. with cumulative compensation not to exceed Two Million Dollars
($2,000,000).
Section 3: Effective date: This Resolution is effective immediately upon adoption.
//
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PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 18th day of August, 2015, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
________________________________
Grace Schmidt, City Clerk Rod Sinks, Mayor
188
RESOLUTION NO. 15-XX
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF CUPERTINO DECLARING THE OFFICIAL INTENT OF THE CITY
OF CUPERTINO TO REIMBURSE ITSELF FROM THE PROCEEDS OF DEBT
FOR CAPITAL EXPENDITURES, CERTAIN PRELIMINARY
EXPENDITURES AND COSTS OF ISSUANCE TEMPORARILY FUNDED FROM
REVENUES OR OTHER SOURCES WITH RESPECT TO THE
CIVIC CENTER MASTER PLAN
WHEREAS, pursuant to Resolution No. 15-060 of the City Council adopted at its
meeting held July 7, 2015, approving the Civic Center Master Plan, City intends to
provide for the design, acquisition, construction, improvement, renovation,
landscaping, equipping and/or furnishing of the Project contemplated in and related to
the Civic Center Master Plan; and
WHEREAS, City desires to finance portions of the Project with the proceeds of debt;
and
WHEREAS, City has paid, beginning no earlier than June 19, 2015, and will pay, on and
after the date hereof, certain Expenditures in connection with the Project; and
WHEREAS, City has determined that those moneys previously advanced no earlier
than June 19, 2015, and to be advanced on and after the date of the adoption of this
Resolution to pay Expenditures are available only for a temporary period, and it is
necessary to reimburse City for Expenditures from the proceeds of one or more issues
of tax-exempt bonds (“Bonds”); and
WHEREAS, City intends that this Resolution be determined to be a declaration of
official intent under Treasury Regulations § 1.150-2 to reimburse City with a portion of
the proceeds of Bonds for certain expenditures in accordance with the Internal Revenue
Code of 1986, as amended (the “Code”); and
WHEREAS, City is not making this declaration of intent to reimburse as a matter of
course or in amounts substantially in excess of the amounts expected to be necessary for
the Project, and does not have a pattern of failure to reimburse actual original
expenditures covered by prior declarations of intent to reimburse, if any;
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NOW, THEREFORE, BE IT RESOLVED:
1. The City hereby declares its intent:
(a) that the issuance of Bonds for the Project on behalf of the City be in an
aggregate principal amount reasonably expected not to exceed $65 million;
(b) that the City be reimbursed from the proceeds of Bonds for the Expenditures
with respect to the Project made on and after June 19, 2015, and the City
reasonably expects on the date of the adoption of this Resolution that it will
reimburse the Expenditures with the proceeds of Bonds;
(c) that this Resolution be determined to be a declaration of official intent under
Treasury Regulations § 1.150-2 promulgated under the Code; and
(d) that the City will make or cause to be made a written allocation that evidences
the City’s use of proceeds of Bonds to reimburse an Expenditure no later than
18 months after the later of the date on which the Expenditure is paid or the
Project is placed in service or abandoned, but in no event more than three
years after the date on which the Expenditure is paid.
2. This Resolution takes effect immediately.
PASSED AND ADOPTED this 18th day of August, 2015, at a regular Meeting of the
City Council of the City of Cupertino by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
______________________________ _____________________
Grace Schmidt
City Clerk
Rod Sinks
Mayor, City of Cupertino
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:115-0971 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:7/15/2015 City Council
On agenda:Final action:8/18/2015
Title:Subject: Consider approval of the Library Commission’s recommendation of Amanda Williamsen for
the appointment of the new Cupertino Poet Laureate
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Draft Resolution
B - New Poet Laureate Bio
Action ByDate Action ResultVer.
City Council8/18/20151
Subject: Consider approval of the Library Commission’s recommendation of Amanda
Williamsen for the appointment of the new Cupertino Poet Laureate
AdoptResolutionNo.15-076approvingtheLibraryCommissionrecommendationand
appointing the new Cupertino Poet Laureate
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OFFICE OF THE CITY MANAGER
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3212 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: August 18, 2015
Subject
Consider approval of the Library Commission’s recommendation for the appointment
of Amanda Williamsen as the new Cupertino Poet Laureate.
Recommended Action
Adopt a resolution approving the Library Commission recommendation and
appointing the new Cupertino Poet Laureate.
Description
Resolution No. 11‐163 designated a Cupertino Poet Laureate and requested the Library
Commission to appoint a selection committee to oversee and administer the program
including recruitment.
Discussion
In March 2015, the Library Commission formed a sub‐committee to identify a candidate
for recommendation to the City Council. The term for this non‐paid, volunteer position
is two years from the date of the appointment.
After an extensive search effort, the sub‐commit tee (consisting of members from the
Library Commission, Library Foundation and College communities) has recommended
Amanda Williamsen as the Cupertino’s third Poet Laureate. Her charge is to stimulate
cultural and literacy awareness in Cupertino, introduce youth and adults to the
personal and community benefits of poetry both as personal expression and as
reflective of our history and culture, reveal, recognize and engage literary talent
residing in the community and promote our Library as the cultural center of Cupertino.
Amanda Williamsen is a poet, parent, and educator who have lived in Cupertino for
nine years. She has taught writing and literature at Johns Hopkins University, the
University of Alabama, Capital University, and Pinewood School in Los Altos Hills.
Additionally, she has served as a poet-in-residence for the Nueva School in
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Hillsborough, and she has been invited to lead a one-day creative writing workshop at
St. Stephen Lutheran School in Mountain View, planned for fall of 2015. Her writing
style includes stichic narratives, prose poems, lyric free verse, and traditional sonnets
and villanelles, and her work has appeared or is forthcoming in The Fabulist, The
Baltimore Review, New Ohio Review, Midwestern Gothic, and other publications. As
the Cupertino Poet Laureate, she hopes that one of her projects can be to offer our elders
an inspiring forum to create or enhance their memoirs through poetry. She is very
excited about becoming our third Poet Laureate and looks forward to promoting poe try
in our city.
The Library Commission respectfully requests the City Council to act upon its
recommendation.
Sustainability Impact
None
Fiscal Impact
None
_____________________________________
Prepared by: Nidhi Mathur, Web Specialist
Approved for Submission by: David Brandt, City Manager
Attachments:
A ‐ Draft Resolution
B – New Poet Laureate bio
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RESOLUTION NO. 15-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING THE LIBRARY COMMISSION RECOMMENDATION AND
APPOINTING AMANDA WILLIAMSEN AS THE CUPERTINO POET LAUREATE
WHEREAS, the Resolution No. 11- 163 designated a Cupertino Poet Laureate
position; and
WHEREAS, the Cupertino Poet Laureate will be charged to stimulate cultural
and literary awareness in Cupertino, introduce youth and adults to the personal and
community benefits of poetry both as personal expression, and as reflective of our
history and culture, reveal, recognize and engage literary talent residing in the
community and promote our Library as the cultural center of Cupertino; and
WHEREAS, after an extensive search effort, the Poet Laureate Committee and
the Library Commission have unanimously recommended Amanda Williamsen for the
two year voluntary position; and
NOW, THEREFORE BE IT RESOLVED, that the City Council of City of
Cupertino approve the recommendation and appoint Amanda Williamsen as
Cupertino’s Poet Laureate for a two year term.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 18th day of August, 2015 by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
Grace Schmidt, City Clerk Rod Sinks, Mayor, City of Cupertino
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Biography for Cupertino Poet Laureate
Amanda Williamsen
July 30, 2015
Amanda Williamsen is a poet, parent, and educator who have lived in Cupertino for nine years. She
has taught writing and literature at Johns Hopkins University, the University of Alabama, Capital
University, and Pinewood School in Los Altos Hills. Additionally, she has served as a poet-in-
residence for the Nueva School in Hillsborough, and she has been invited to lead a one-day creative
writing workshop at St. Stephen Lutheran School in Mountain View, planned for fall of
2015. When her older child entered kindergarten, she volunteered four hours each week in his
classroom at Christa McAuliffe School.
Her writing style includes stichic narratives, prose poems, lyric free verse, and traditional sonnets
and villanelles, and her work has appeared or is forthcoming in The Fabulist, The Baltimore Review, New
Ohio Review, Midwestern Gothic, and other publications. Currently, she is working on a series of poems
about growing up along a river in rural Ohio. Her collection, which she intends to become her first
book, explores the influence of landscape and the thematic dichotomies of fire and water, ice and
flood, parent and child, and summer and winter. It is essentially a memoir. As the Cupertino Poet
Laureate, she hopes that one of her projects can be to offer our elders an inspiring forum to create
or enhance their memoirs through poetry.
She is very excited about becoming our third Poet Laureate and looks forward to promoting poetry
in our city.
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:115-0975 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:7/20/2015 City Council
On agenda:Final action:8/18/2015
Title:Subject: Application for Alcoholic Beverage License for Starbucks #631, 20676 Homestead Road
Sponsors:Julia Kinst
Indexes:
Code sections:
Attachments:Staff Report
A - Application
Action ByDate Action ResultVer.
City Council8/18/20151
Subject:ApplicationforAlcoholicBeverageLicenseforStarbucks#631,20676Homestead
Road
RecommendapprovaloftheAlcoholicBeverageLicensetotheCaliforniaDepartmentof
Alcoholic Beverage Control for Starbucks #631, 20676 Homestead Road
CITY OF CUPERTINO Printed on 8/13/2015Page 1 of 1
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CITY COUNCIL STAFF REPORT
Meeting: August 18, 2015
Subject
Alcoholic Beverage License, Starbucks #631, 20676 Homestead Road
Recommended Action
Recommend approval of the Alcoholic Beverage Control License to the California
Department of Alcoholic Beverage Control for Starbucks #631, 20676 Homestead Road
Description
Name of Business: Starbucks #631
Location: 20676 Homestead Road
Type of Business: Restaurant
Type of License: 41 – On-Sale Beer and Wine – Eating Place (Restaurant)
Reason for Application: Annual Fee, Original Fees
Discussion
There are no zoning or use permit restrictions which would prohibit the sale of alcohol
as proposed and staff has no objection to the issuance of this license. License Type 41
authorizes the sale of beer and wine for consumption on or off the premises where sold.
This address is located at Homestead Square Shopping Center.
Sustainability Impact
None
Fiscal Impact
None
_____________________________________
Prepared by: Julia Kinst, Planning Department
Reviewed by: Gary Chao, Assistant Director of Community Development; Aarti
Shrivastava, Assistant City Manager - Community Development and Strategic Planning
Approved for Submission by: David Brandt, City Manager
Attachment: A - Application
COMMUNITY DEVELOPMENT DEPARTMENT
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3308 www.cupertino.org
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:115-0976 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:8/4/2015 City Council
On agenda:Final action:8/18/2015
Title:Subject: Application for Alcoholic Beverage License for Blast 825 Pizza, 10033 Saich Way
Sponsors:Julia Kinst
Indexes:
Code sections:
Attachments:Staff Report
A - Application
Action ByDate Action ResultVer.
City Council8/18/20151
Subject: Application for Alcoholic Beverage License for Blast 825 Pizza, 10033 Saich Way
RecommendapprovaloftheAlcoholicBeverageLicensetotheCaliforniaDepartmentof
Alcoholic Beverage Control for Blast 825 Pizza, 10033 Saich Way
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CITY COUNCIL STAFF REPORT
Meeting: August 18, 2015
Subject
Alcoholic Beverage License, Blast 825 Pizza, 10033 Saich Way
Recommended Action
Recommend approval of the Alcoholic Beverage Control License to the California
Department of Alcoholic Beverage Control for Blast 825 Pizza, 10033 Saich Way
Description
Name of Business: Blast 825 Pizza
Location: 10033 Saich Way
Type of Business: Restaurant
Type of License: 41 – On-Sale Beer and Wine – Eating Place (Restaurant)
Reason for Application: Annual Fee, Original Fees
Discussion
There are no zoning or use permit restrictions which would prohibit the sale of alcohol
as proposed and staff has no objection to the issuance of this license. License Type 41
authorizes the sale of beer and wine for consumption on or off the premises where sold.
This address is located in the shopping center on the corner of Stevens Creek Boulevard
and Saich Way.
Sustainability Impact
None
Fiscal Impact
None
_____________________________________
Prepared by: Julia Kinst, Planning Department
Reviewed by: Gary Chao, Assistant Director of Community Development; Aarti
Shrivastava, Assistant City Manager - Community Development and Strategic Planning
Approved for Submission by: David Brandt, City Manager
Attachment: A - Application
COMMUNITY DEVELOPMENT DEPARTMENT
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3308 www.cupertino.org
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:115-0998 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:7/28/2015 City Council
On agenda:Final action:8/18/2015
Title:Subject: Application for Alcoholic Beverage License for Legends Pizza Company, 19732 Stevens
Creek Boulevard
Sponsors:Julia Kinst
Indexes:
Code sections:
Attachments:Staff Report
A - Application
Action ByDate Action ResultVer.
City Council8/18/20151
Subject:ApplicationforAlcoholicBeverageLicenseforLegendsPizzaCompany,19732
Stevens Creek Boulevard
RecommendapprovaloftheAlcoholicBeverageLicensetotheCaliforniaDepartmentof
Alcoholic Beverage Control for Legends Pizza Company, 19732 Stevens Creek Boulevard
CITY OF CUPERTINO Printed on 8/13/2015Page 1 of 1
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CITY COUNCIL STAFF REPORT
Meeting: August 18, 2015
Subject
Alcoholic Beverage License, Legends Pizza Company, 19732 Stevens Creek Boulevard
Recommended Action
Recommend approval of the Alcoholic Beverage Control License to the California
Department of Alcoholic Beverage Control for Legends Pizza Company, 19732 Stevens
Creek Boulevard
Description
Name of Business: Legends Pizza Company
Location: 19732 Stevens Creek Boulevard
Type of Business: Restaurant
Type of License: 41 – On-Sale Beer and Wine – Eating Place (Restaurant)
Reason for Application: Annual Fee, Original Fees, State Fingerprints, Federal
Fingerprints
Discussion
There are no zoning or use permit restrictions which would prohibit the sale of alcohol
as proposed and staff has no objection to the issuance of this license. License Type 41
authorizes the sale of beer and wine for consumption on or off the premises where sold.
This address is located at the Marketplace Shopping Center, formerly J.T. McHart’s
Pizza.
Sustainability Impact
None
Fiscal Impact
None
_____________________________________
Prepared by: Julia Kinst, Planning Department
Reviewed by: Gary Chao, Assistant Director of Community Development; Aarti
Shrivastava, Assistant City Manager - Community Development and Strategic Planning
Approved for Submission by: David Brandt, City Manager
COMMUNITY DEVELOPMENT DEPARTMENT
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3308 www.cupertino.org
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August 18, 2015 Cupertino City Council page 2
Attachment: A - Application
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:115-0819 Name:
Status:Type:Ordinances and Action Items Agenda Ready
File created:In control:4/7/2015 City Council
On agenda:Final action:8/18/2015
Title:Subject: Contract with Perfect Mind Technology, Inc. for the replacement of the current Recreation
and Community Services Enterprise Management System
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Implementation Timeline
B- Statement of Work
Action ByDate Action ResultVer.
City Council8/18/20151
Subject:ContractwithPerfectMindTechnology,Inc.forthereplacementofthecurrent
Recreation and Community Services Enterprise Management System
a.AuthorizetheCityManagerorhisdesigneetonegotiateandexecuteatenyearagreement
withPerfectMindTechnology,Inc.forRecreationandCommunityServicesEnterprise
Management System; and b. Authorize the appropriation of $360,233 in FY 15-16
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RECREATION AND COMMUNITY SERVICES DEPARTMENT
CITY HALL
10300 TORRE AVENUE CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3110 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: August 18, 2015
SUBJECT
Contract with PerfectMind Technology, Inc. for the replacement of the current
Recreation and Community Services Enterprise Management System.
RECOMMENDED ACTION
a. Authorize the City Manager or his designee to negotiate and execute a ten year
agreement with PerfectMind Technology, Inc. for Recreation and Community Services
Enterprise Management System; and b. Authorize the appropriation of $360,233 in FY
15-16.
BACKGROUND
A Recreation Management System is a key part of the Recreation and Community
Services Department’s ability to provide quality services to the community in an easy to
use format. The volume and complexity of the Department’s offerings requires an
effective and efficient system. The recreation software currently in use (Class) was
purchased in 1999 to process transactions at Quinlan Community Center, Senior Center,
and Blackberry Farm. These transactions include registering for classes, drop-in
programs, facility reservations, the travel program, memberships, and concessions.
Additional software systems are in use at the Sports Center and Blackberry Golf Course
to process memberships and reserve tee-times.
The Class system has been in use for 16 years and has reached its technical end-of-life
effectiveness. Class was purchased several years ago by Active Network, who
announced that their support of the product would be discontinued. An upgrade to the
final version of Class 8.0 was performed at Quinlan Community Center and Blackberry
Farm in April 2015 to extend the full technical support date to November 2017. Active
Network announced in June that they would also continue technical support for Class
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7.0, in use at the Senior Center, however, no further patches or fixes are available.
Furthermore, there have been no significant product enhancements for several years
and customer support has also dwindled. Although the software has met the
department’s basic needs, it is a complex system that frequently requires workarounds
and manual processes due to software limitations.
The Department’s options were to either purchase Active Network’s own product or to
explore other software vendors more qualified to meet the Department’s current and
future technological and operational needs.
Recreation staff conducted a current needs assessment and also determined that new
advances in technology could provide an improved customer experience. Staff then
examined ten recreation systems, attending multiple software demonstrations and a
software symposium to explore each product’s functionality. Staff also reached out to
current customers to determine ease of use and product limitations.
RFQ
Subsequently, an RFQ (Request for Qualifications) was prepared and sent out to four
software vendors in April 2015. Three responses were received.
Vendor Proposed Solution
PerfectMind Technology, Inc. Management Solution v4.1.1
Vermont Systems RecTrac 3.1
Maximum Solutions MaxGalaxy
e-Trak No Response
The Recreation and Community Service Department’s Technology Committee and the
Information Technology Department evaluated proposals based on the following
criteria:
Evaluation Criteria Weighted Value
Overall presentation of material in response 5%
Ability to deliver requirements as stated in
RFQ
25%
Commitment to schedule and availability of
key team members
10%
Qualifications, experience, understanding of
work flow processes with similar
jurisdictions
20%
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Quality, intuitive, user-friendly system 15%
Overall cost 25%
Total 100%
Software Demonstrations
Two vendors, PerfectMind and Vermont Systems, were selected to provide on-site
demonstrations of their software’s capabilities. Each vendor was provided with a Proof
of Capabilities scripted demonstration packet, which incorporated our requirements for
the system, and was given two days to demonstrate the software. Staff was invited to
attend and score these demonstrations and over 20 City staff members from several
departments participated.
References
City staff conducted thorough reference checks with existing customers of both
companies, both verbally and through extensive questionnaires relating to software
capabilities, implementation, and experiences with the vendors. Over 20 detailed
responses were received.
Finally, staff scheduled site visits to review current customer usage of the software. Key
Recreation Department staff visited Sunnyvale, CA to review fully implemented
versions of Vermont Systems’ RecTrac. Staff also visited San Mateo, CA and Richmond
BC to see PerfectMind’s software both in action and in the implementation phase.
Proposed Solution
Based on RFQ responses, on-site demonstrations, site visits, and reference checks,
PerfectMind was the overwhelming product of choice by all involved in the process.
o Proven Product
PerfectMind was established in 2000, with a track record of successful
implementations in 21 countries, including health and education markets. Their
experience in working with large scale parks and recreation management
systems includes national customers, such as Z-Ultimate Self Defense Studios
with over 90 locations across the U.S., and Amerikick Martial Arts Studios with
over 20 locations.
PerfectMind has now expanded their experience into public sector recreation
organizations including the Richmond Olympic Oval. The Oval was built for the
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2010 Olympic Winter Games in British Columbia and has since been converted
into an immense recreation center which hosts hundreds of programs and events
annually.
Locally, the Los Gatos-Saratoga Recreation Department recently signed a
contract with PerfectMind to replace their existing recreation software and work
on the project began last month. City of Brentwood is currently in contract
negotiations and City of Pleasanton is in discussions with them as well.
o Implementation Timeline
PerfectMind is able to begin implementation immediately and are confident that
they can meet our goal of going live with the entire system by fall 2016. Vermont
Systems is unable to meet our implementation timeline or, for that matter, even
schedule a project start date until April-May 2016. This delay brings us that
much closer to our Class end of customer support deadline.
o Superior Customer Support
PerfectMind has demonstrated their commitment to customer service from our
first request for information through the RFQ and demonstration process.
PerfectMind’s client base consistently stated how easy the system is to use and
how responsive they are to their customer’s needs. Technical support is available
24/7.
Vermont Systems technical support is limited to Monday-Friday 8am-8pm EST,
with weekend pager support from 8am-5pm EST. Many Vermont Systems
customers expressed dissatisfaction with the failure of financial processes to
function properly with no explanation from their customer service team. Several
members of the Recreation Department have used Vermont Systems in the past
and have reported that they experienced multiple issues with the system and
could not recommend it.
o Advanced Technology
PerfectMind is an advanced cloud-based product which provides all the
functionality, plus many additional features, that the Department requires. The
system would provide departmental interconnectivity in that it can be utilized by
all divisions and facilities in the Department, with real time access to customer
information at any location.
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PerfectMind has also proved to be the most intuitive and user-friendly product
for both recreation staff and customers. PerfectMind is far more technologically
advanced than other recreation systems and would provide the opportunity to
configure the system to specifically fit our needs. Featuring an API (Application
Performance Interface), PerfectMind can easily interface with the City’s new
financial software, New World Systems, the City website, and other software
applications in use by the Department.
PerfectMind’s marketing tool with integrated email will enable City staff to
analyze membership usage, define our market, and appeal to prospective clients.
Targeted email campaigns, promotions, or newsletters can easily be tailored
based on customer interests. Customers can share their recreational activities
with friends via social media. PerfectMind’s calendar syncs with Yahoo, Google,
and Apple calendars for added customer convenience.
PerfectMind’s Platform-as-a-Service (PaaS) product offers a fully customizable
management solution with the ability to automate many tasks which are now
accomplished manually, from calculating instructor payments to notifying wait
listed customers of availability in programs via email or text. The system
encourages a paperless environment, with the ability to scan documents and
attach to an electronic record.
Access to the system is readily available via the internet and any mobile device
with access to the internet. Customers will be able to easily access public areas of
the system to take advantage of the Recreation and Community Services
Department offerings, including:
Activity/Program Registration
Facility Reservations
Memberships
Travel Programs
Golf and Foot Golf Tee-Time Scheduling
Tennis Court Reservations
o Demonstrated Software Functionality
As previously mentioned, part of the vetting process for both vendors entailed
an on-site demonstration of their product. City staff developed a detailed script
for both vendors to follow to demonstrate that their systems could complete
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functions required by the City as listed in the RFQ. Of the two vendors,
PerfectMind was able to demonstrate their ability to meet nearly all of the
requirements and configure the system specifically to our needs. Vermont
Systems is not only a more complex set system, but is sorely limited in both
marketing and social media functionality. Staff is confident that PerfectMind’s
product can best meet the City’s functionality requirements.
o Overall Value
Although Vermont Systems and PerfectMind are comparably priced,
PerfectMind’s technological advances and commitment to continued product
growth to meet the demands of today’s customer base is outstanding. The
shorter implementation timeframe will save time and staff resources. Being a
cloud based system, PerfectMind performs all system maintenance, data
backups, and system upgrades, thus reducing the impact on IT staff and
eliminating the need for an on-site server.
One-Time Costs
Implementation & Training
Software Cost
Hardware Costs
Scanners, iPads, card
printers, etc.
Efficiency Review & Backfill
Workflow analysis
Transitional staff
support
TOTAL
Exhibit B
$20,000
$80,000
$146,251
$ 0
$ 35,000
$100,000
$281,251
Ongoing Costs
10-Year Annual
Support/Maintenance-YR 1-5
Support/Maintenance YR 6-10
$ 78,982
$102,676
PerfectMind calculates subscription costs based on annual revenue processed through
the system and number of customers and facilities. Based on average annual revenue of
$6.5 million, PerfectMind estimates our usage rate will be 1.21% or $78,982 annually for
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the first five years. Increased usage rates for years six through ten will be calculated in
year 6 and will not exceed 30% of the 2015 quote.
PerfectMind Annual Subscription Calculations
Revenue $1 mil $3 mil $5 mil $10 mil $15 mil $20+ mil
Usage Rate 2% 1.5% 1.3% 1% 0.9% 0.8%
Annual Cost $20,000 $45,000 $65,000 $100,000 $135,000 $160,000
FISCAL IMPACT
The one-time cost for implementation of PerfectMind’s enterprise management system
is $146,251 with a subscription fee of approximately $78,982/year for the first five years
and a not to exceed subscription fee of approximately $102,677/year. Because this is a
cloud based system, there are no software costs. Hardware costs of $35,000 have been
estimated for all facility locations to take full advantage of system capabilities, such as
mobile payments and registration through the use of iPads, new scanners, and card
printers. In addition, a one-time cost of implementation for an efficiency review and
staff backfill for our six recreation facilities is $ 100,000. Total fiscal impact will be
$360,233 in FY 2015-16.
Prepared by: Rebecca Shaffer, Senior Office Assistant
Reviewed by: Carol Atwood, Director of Recreation and Community Services
Approved for Submission by: David Brandt, City Manager
Attachments: Exhibit A – Implementation Timeline
Exhibit B – Statement of Work
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EXHIBIT A
Implementation Plan/Timeline
1. Discovery and requirement gathering (60 Days)
• Project Initiation Meeting
• Detailed Statement of work
• Detailed gap analysis
• Detailed Requirements Specifications
2. Design & Configuration (90 Days)
• High level requirements walkthrough
• Installation/configuration/Setup of Testing environment
3. Data Verification and Testing (90 Days)
• Requirement gathering
• Data Import & validation
• Integration
• User Acceptance testing
• Solution setup
4. Implementation Training & Deployment (90 Days)
• Testing phase
• Dry-run #1
• Staff and management Training
• Sign off on UAT (user acceptance testing)
• Dry-Run #2 (final data verification validation)
• Go-live planning
• Support
Note: All items subject to change based on negotiations and discovery
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EXHIBIT B
Statement of Work
Implementation and Training Costs
Implementation Service Hours Hourly Unit
Rate
Price
Project Management
120.00
$150
$18,000
Discovery (requirement gathering and process
review)
90.00
$125
$11,250
Configuration (one time setup)
Organization Setting
Financial Settings
Activities Setup
Facility Setup
Custom Workflows and Business Processes
Staff Setup and Schedules
Reporting and Dashboard
Public Portal
120.00
5.00
14.00
10.00
10.00
24.00
10.00
24.00
24.00
$125
$15,000
Training
General Applications and Platform
Registration Training
Reservation Training
Membership Training
Point of Sale Training
Public Access Training
Financial Training
Video Training Library
240.00
54.00
26.00
26.00
26.00
22.00
22.00
22.00
44.00
$125
$30,000
Custom Development and Integration
TBD
$250
$ 0
Travel and Incidentals 30,000
Data Migration and Validation
240.00
$150
$36,000
Go-Live (switch over to PerfectMind)
40.00
$150
$ 6,000
Total One Time Implementation Cost
$146,251
• All components/modules of the PerfectMind solution are included in the product cost
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2
• PerfectMind is an all-inclusive annual subscription cost
• Support and Maintenance are included in the annual subscription cost of the PerfectMind solution
223
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:115-0970 Name:
Status:Type:Ordinances and Action Items Agenda Ready
File created:In control:7/14/2015 City Council
On agenda:Final action:8/18/2015
Title:Subject: Response to Call for Projects for Valley Transportation Plan 2040 (VTP 2040) - Originally
heard on July 7 brought back for final approval.
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - West Valley/North County Mayor's Letter for Transit Study
B - Draft Mass Transit Project Resolution
C - Draft VTP 2040 Project List
Action ByDate Action ResultVer.
City Council8/18/20151
Subject:ResponsetoCallforProjectsforValleyTransportationPlan2040(VTP2040)-
Originally heard on July 7 brought back for final approval.
Staff recommends that Council take the following actions:
1)RescindResolutionNo.15-061adoptedonJuly7andadoptResolutionNo.15-077
supportingtheinclusionofamasstransitstudy,includingaprioritizationforinitial
implementationalongtheHighway85Corridorsupportingtheinclusionofastudyoflong-
termmasstransitsolutionsalongtheHighway85Corridorandthedesignandconstructionof
near-term solutions; and
2)Providedirectiononanyadditionaltransportationprojectstosubmitforinclusioninthe
Santa Clara Valley Transportation Authority’s (VTA) Valley Transportation Plan 2040.
CITY OF CUPERTINO Printed on 8/13/2015Page 1 of 1
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PUBLIC WORKS DEPARTMENT
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3354 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: August 18, 2015
Subject
Response to Call for Projects for Valley Transportation Plan 2040 (VTP 2040) -
Originally heard on July 7 brought back for final approval.
Recommended Action
Staff recommends that Council take the following actions:
1) Rescind Resolution No. 15-061 adopted on July 7 and adopt Resolution No. 15-____
supporting the inclusion of a mass transit study, including a prioritization for initial
implementation along the Highway 85 Corridor supporting the inclusion of a study of
long-term mass transit solutions along the Highway 85 Corridor and the design and
construction of near-term solutions; and
2) Provide direction on any additional transportation projects to submit for inclusion in
the Santa Clara Valley Transportation Authority’s (VTA) Valley Transportation Plan
2040.
Background
As the Congestion Management Agency for Santa Clara County, the Valley
Transportation Authority (VTA) is responsible for preparing and adopting the county -
wide long-range transportation plan. The process to update the current plan, Valley
Transportation Plan (VTP) 2040, is underway and project proposals are due to be
submitted to the VTA by August 31, 2015.
The development of the new long-range countywide transportation plan is tracking
with the Metropolitan Transportation Commission’s (MTC) development of the
Regional Transportation Plan (RTP), also known as Plan Bay Area. Projects included in
the countywide plan serve as recommendations for the Regional Transportation Plan
(RTP).
The VTA has been discussing the possibility of placing a sales tax measure on the
November 2016 ballot to enhance transit, highways, expressways and active
transportation (bicycles, pedestrians, and complete streets).
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To solicit input and better educate stakeholders, the VTA has launched Envision Silicon
Valley, a campaign aimed to engage community leaders in a visioning process to
discuss current and future transportation needs, identify solutions and develop funding
priorities. In order to be considered for potential funding through the Transportation
Tax measure, projects must be included in the VTP 2040 and the Plan Bay Area
documents.
Project List Update/Development
The first step in this process is for member agencies to update their existing project lists
from VTP 2040 and submit any new projects. There are regular calls for projects to be
included in the plan, however this one will also be a tool for collecting pr ojects for VTA
Board consideration to include in a proposed transportation tax measure in November,
2016.
Envision Silicon Valley
The VTA has identified three desired goals for the Envision Silicon Valley campaign:
1. Develop criteria that will be used to create a viable list of transportation projects
2. Establish a list of transportation projects, based on the criteria to address
mobility and congestion
3. Create a financing plan
As communities submit projects for consideration, the VTA has drafted Goals and
Strategies in five categories, as follows:
Enhance safety
Provide congestion relief and improve transportation efficiency
Expand transportation choices and improve travel experience
Continue to promote quality transit for those who are transit dependent
Promote healthy communities and minimize environmental impacts
Improve system financial sustainability
Proposed Projects for Cupertino’s Submittal
Attachment C is the draft list of projects that staff intends to submit to the VTA for
inclusion in VTP 2040. These projects, while many have physical challenges such as
right of way acquisition, are included in the plan to secure better positioning for outside
funding. Most notably on the list, and likely of highest importance for inclusion in the
2016 tax measure is the Regional Mass Transit Plan.
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Regional Mass Transit
On June 2, 2015, the City Council held a Study Session on Santa Clara County Potential
Transportation Tax Measure for 2016 - Envision Silicon Valley. As an outcome from the
information shared by speakers and follow-up discussions between West Valley and
North County cities, an initial letter (draft included as Attachment A) is intended to be
sent from the mayors of many of these cities requesting that the VTA initiate a
comprehensive study to develop a system-wide plan that integrates future mass transit
investments in Santa Clara County with connections to other counties, as well as
community-level systems and “first/last mile” strategies. The letter further requests
that the study’s initial focus should be on the Highway 85/U.S. Route 101/State route
237/Interstate 280 corridors, recognizing the changing dynamics of commute patterns
such as to the East Bay and southern Santa Clara County, and that it is imperative that
work on this study begin as soon as possible, so that the study can inform near term
project funding decisions.
In addition to the above request from many of the West Valley and North County cities,
Cupertino and likely other cities are intending to submit to the VTA a project for
implementation of the selected solution from the above study for the Highway 85
corridor. Prior to the submittal date of August 31, the Mayor will continue to work with
other cities to make the same request. Attachment B is a resolution that would be
forwarded to VTA to support inclusion of this implementation into VTP 2040, and
subsequently into the 2016 Transportation Tax Measure. This proposal is estimated at
$800 million, and would include the local match to support full construction of a project
which would serve the mass transit needs of the region, with an initial phase on the
highway 85 corridor from Highway 87 to immediately north of Highway 101.
Sustainability Impact
Any future projects that enhance non-vehicular transportation modes or reduce
congestion will have positive effects on greenhouse gas emissions.
Fiscal Impact
None at this time.
_____________________________________
Prepared by: Timm Borden, Director of Public Works
Approved for Submission by: David Brandt, City Manager
Attachments:
A - West Valley/North County Mayor’s Letter for Transit Study
B - Draft Mass Transit Project Resolution
C - Draft VTP 2040 Project List
227
August 21, 2015
Dear Chair Woodward:
The Mayors and City Managers of West Valley and North County cities have been meeting in
recent weeks to discuss regional transportation issues and our common interests in addressing
the transportation-related needs of our residents and businesses. A commitment to an
innovative, intermodal and geographically balanced transportation vision for Santa Clara
County is critical to the continued growth and vitality of the Silicon Valley as well as the quality
of life of its residents.
The Valley Transportation Authority’s (VTA’s) current effort to update the list of projects to be
included in the Valley Transportation Plan (VTP) 2040 provides Valley leaders with a critical
opportunity to shape a new and transformative long-range vision for transportation in Santa
Clara County.
Representatives of the West Valley and North County cities believe that in addition to VTP
project requests submitted from each city, a stronger “systems” perspective is needed to
support an integrated regional strategy and decisions on future mass transit investments.
Specifically, the cities signing this letter respectfully request that the VTA initiate a
comprehensive study, leading to an alternatives analysis and formal Federal environmental
review process and clearance, to develop a system-wide plan that integrates future mass transit
investments in Santa Clara County with connections to other counties, via such systems as
Caltrain, as well as community-level systems and “first/last mile” strategies. The study’s initial
focus should be on the Highway 85/U.S. Route 101/State Route 237/Interstate 280 corridors,
recognizing the changing dynamics of commute patterns within the Peninsula, East Bay and
southern Santa Clara County that affect West Valley and North County cities.
The undersigned cities all agree that it is imperative that work on this study begin as soon as
possible, so that the study can inform near-term project funding decisions, and that the study
process include the consideration of the formation of a joint powers advisory board.
Thank you for your attention to this request.
Sincerely,
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RESOLUTION NO. 15-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO SUPPORTING
THE IMPLEMENTATION OF LONG-TERM MASS TRANSIT SOLUTIONS TO SERVE
MAJOR EMPLOYMENT CENTERS ALONG AND NEAR THE HIGHWAY 85 CORRIDOR
WHEREAS, many cities in the West Valley and the North County area desire a new, long-
range transportation vision for the entire region, thinking beyond the car; and
WHEREAS, the vision shall focus on mass transit improvements to reduce/replace single-
occupancy vehicle (SOV) trips; and
WHEREAS, the vision recognize the evolution of where jobs are located in relation to where
people live; and
WHEREAS, the new transportation vision shall include a sustainable, financially viable mass
transit solution that services housing and employers along and near the Highway 85 corridor
from San Jose to Mountain View; and
WHEREAS, the new transportation vision shall include infrastructure and facilities that
support the system, such as “last-mile” shuttle (private or public) or bicycle/pedestrian
corridors between stations and employers, as well as transit center(s) to facilitate a robust
shuttle network; and
WHEREAS, the vision shall identify transit center locations near mass transit system as
connection for last-mile services; and
WHEREAS, the vision shall improve connections to other inter-county mass transit systems.
NOW, THEREFORE, BE IT RESOLVED that the City of Cupertino City Council was
presented with all of the information described in the recitals and has considered this
information in adopting this resolution; and
BE IT FURTHER RESOLVED that the City of Cupertino City Council determines that this
proposal for near-term and long-term regional mass transit is in the best interest of the City;
and
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BE IT FURTHER RESOLVED that the City Manager is hereby authorized to submit this
proposal (Exhibit A), in similar content and form, to the Valley Transportation Agency to be
included in the Valley Transportation Plan 2040.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino
this 18th day of August, 2015, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
________________________________
Grace Schmidt, City Clerk Rod Sinks, Mayor
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Exhibit A
MASS TRANSIT PROPOSAL FOR INCLUSION IN
VALLEY TRANSPORTATION PLAN 2040
Proposed Project Name/Title: Future Mass Transit Needs for Santa Clara County.
Proposed Project Description: Develop, finance and construct a mass transit system to serve
job centers along and near the Highway 85 Corridor. The
project would:
Focus on mass transit improvements to reduce/replace single-
occupancy vehicle (SOV) trips.
Recognize where jobs are located in relation to where people live.
Include a mode with an exclusive guideway.
Develop plans for effective last-mile connections from transit
corridors to major employment areas. Connection modes should
include public and private shuttles and highly developed and
accessible bicycle and pedestrian links.
Identify transit center locations near the mass transit system as
connection for last-mile services.
Improve connections to other inter-county mass transit systems.
Anticipate/incorporate new and emerging transportation
technologies as mass transit alternatives.
Project Cost: Estimated $800 Million which would include design, environmental
clearance, as well as the local match to support full construction of a
project which would serve the mass transit needs of the region,
with an initial phase on the Highway 85 corridor from Highway 87
to immediately north of Highway 101.
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Attachment C
City of Cupertino – VTP 2040 Project Submittal List
August 18, 2015
Future Mass Transit Corridors Implementation for Santa Clara County
Wolfe Road Overcrossing at Highway 280
Saratoga Creek Trail extension between Lawrence Exp. and Mitty Avenue
Stevens Creek Trail grade-separated crossing of Stevens Creek Boulevard
Bike/Ped bridge crossing of the Union Pacific Railroad Tracks at the Snyder-
Hammond House
UPRR Rails to Trails Improvements
McClellan Road Bridge Replacement at McClellan Ranch Preserve driveway
Stevens Creek Canyon Widening and Bike/Ped Improvements – Miramonte
Road south to City limits
Southbound Foothill Boulevard Bike Lane and Sidewalk Improvements –
Stevens Creek Boulevard to just south of Rancho Ventura Street
Mary Avenue Complete Street Conversion
Bicycle Transportation Plan Priority Class 1 Bicycle Facility Project
Transit stop enhancements (shelters, real-time information)
Miscellaneous traffic signal upgrades
Citywide ADA curb ramp improvements
Citywide sidewalk gap closures
Pavement maintenance deferred backlog
Pavement maintenance annual funding
Stelling Road Complete Street study and implementation
Stevens Creek Blvd bridge over Stevens Creek replacement
Stevens Creek trail grade separation at Stevens Creek Blvd
Stevens Creek trail completion
Citywide signal retiming and coordination
De Anza Blvd Advanced Traffic Management System
Traffic monitoring camera expansion
Citywide ADA pedestrian signal upgrades
Bicycle Transportation Plan Implementation
Bubb/McClellan/Rainbow bus/shuttle service
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:115-1033 Name:
Status:Type:Ordinances and Action Items Agenda Ready
File created:In control:8/13/2015 City Council
On agenda:Final action:8/18/2015
Title:Subject: Appointment to State Route (SR) 85 Corridor Policy Advisory Board (PAB)
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Letter from VTA Board Secretary
Action ByDate Action ResultVer.
City Council8/18/20151
Subject: Appointment to State Route (SR) 85 Corridor Policy Advisory Board (PAB)
Appoint one member and one alternate to the SR 85 Corridor PAB
CITY OF CUPERTINO Printed on 8/13/2015Page 1 of 1
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OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3223 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: August 18, 2015
Subject
Appointment to State Route (SR) 85 Corridor Policy Advisory Board (PAB).
Recommended Action
Appoint one member and one alternate to the SR 85 Corridor PAB.
Discussion
The SR 85 Corridor PAB was established by the Santa Clara Valley Transportation
Authority (VTA) Board of Directors on August 6, 2015, to ensure the stakeholder
cities in the SR 85 corridor are involved in the development of existing and potential
transportation capital projects along the corridor and have the opportunity to provide
input and recommendations to the VTA Board of Directors.
The mission of the SR 85 Corridor PAB is to study the long-term transit and
transportation plans to serve the SR 85 Corridor. The PAB will advise the VTA
Board of Directors on the scope, funding and construction of both near and long-term
transit and transportation improvement projects for this corridor.
The composition of the SR 85 Corridor PAB will include two Santa Clara County
Supervisors representing the affected area; one governing board member each from
the affected jurisdictions in the corridor, which are: Campbell, Cupertino, Los Altos,
Los Gatos, Monte Sereno, Mountain View, San Jose, Saratoga, and Sunnyvale; and
one Ex-Officio (non-voting) member representing Caltrans. Members and alternates
will serve at the pleasure of their respective appointing authority.
It is anticipated that the SR 85 Corridor PAB will meet on a quarterly basis.
Sustainability Impact
None
Fiscal Impact
None
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_____________________________________
Prepared by: Grace Schmidt, City Clerk
Approved for Submission by: David Brandt, City Manager
Attachments:
A – Letter from VTA Board Secretary
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:115-0739 Name:
Status:Type:Reports by Council and Staff Agenda Ready
File created:In control:2/24/2015 City Council
On agenda:Final action:8/18/2015
Title:Subject: Report on Committee assignments and general comments
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
City Council8/18/20151
Subject: Report on Committee assignments and general comments
Report on Committee assignments and general comments
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