15-164 Royston Hanamoto Alley & Abey for Consultant Services, Cupertino Citywide Parks, Open Space & Recreation Master Plan (2)CUPERTINO
January 26 , 2017
Ms. Barbara Lundberg
DEPARTMENT OF RECREATION AND COMMUNITY SERVICES
QUINLAN COMMUNITY CENTER
10185 NORTH STELLING ROAD• CUPERTINO, CA 95014
TELEPHONE : (408) 777-3120 • FAX : (408) 777-3110
Royston Hanamoto Alley and Abey
225 Miller A venue
Mill Valley, CA 94941
Subject: Agreement Conclusion
Dear Ms . Lundberg,
Please consider this letter a confirmation that the City of Cupertino is concluding the services
agreement with Ro yston Hanamoto Alley and Abey dated August 20 , 2015 for the citywide
parks , open space and recreation master plan. In accordance with section 20 of the agreement,
the city is electing to terminate the agreement for convenience.
We thank you for the work that you and your firm performed on behalf of the project and our
community. Please feel free to contact me at 408-777-3120 or at the address above if you have
any questions.
Yours truly,
Christine Hanel
Assistant Director
Department of Recreation & Community Services
cc: City Clerk, Finance, file
AGREEMENT BETWEEN THE CITY OF CUPERTINO AND
ROYSTON HANAMOTO ALLEY AND ABEY FOR CONSULTANT SERVICES FOR
CUPERTINO CITYWIDE PARKS, OPEN SPACE & RECREATION MASTER PLAN
THIS AGREEMENT, for reference dated August 20, 2015, is by and between CITY OF
CUPERTINO, a municipal corporation (hereinafter referred to as "City"), and Royston
Hanamoto Alley & Abey, a California corporation, whose address is 225 Miller A venue, Mill
Valley, CA 94941 (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 Agreementi 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 consultant services
relating to preparation of a Citywide Parks, Opens Space and Recreation Master Plan 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 December 31, 2017, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED:
Consultant shall perform each and every service set forth in Exhibit "A" entitled "Scope
of Services" which is attached hereto and incorporated herein by this reference.
3. SCHEDULE OF PERFORMANCE:
The Services of Consultant are to be completed according to the schedule set out in
Exhibit B, titled "Schedule of Performance ", which is attached hereto and incorporated herein
by this reference.
4. COMPENSATION TO CONSULTANT:
The maximum compensation to be paid to Consultant under this agreement shall not
exceed Three Hundred Seventy Five Thousand Dollars ($375,000.00) for basic services plus an
allowance for additional services not to exceed Thirty Seven Thousand Five Hundred Dollars
($37,500.00). The rate of payment 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 phase, clearly stating as a minimum the total
Contract amount, amount paid to date, percent complete and amount due.
5. TIME IS OF THE ESSENCE:
Consultant and City agree that time is of the essence regarding the performance of this
Agreement.
6. STANDARD OF CARE:
Consultant agrees to perform all services hereunder in a manner commensurate with the
prevailing standards of specially-trained 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.
7. INDEPENDENT PARTIES:
City and Consultant intend that the relationship between them created by this
Agreement is that of an 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, i£ required, are the
responsibility of Consultant.
Agreement between City of Cupertino
and Royston Hanamoto Alley & Abey
Page 2 of 24
8. 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.
9. 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.
10. PROJECT COORDINATION
CITY: Director of Recreation and Community Services shall be representative of City for
all purposes under this Agreement. Gail Seeds is hereby designated as the Director of
Recreation and Community Services' designee and Project Manager, and shall supervise the
progress and execution of this Agreement.
CONSULT ANT: 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 Barbara Lundberg.
11. 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
Agreement between City of Cupertino
and Royston Hanamoto Alley & Abey
Page 3 of 24
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.
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.
Agreement between City of Cupertino
and Royston Hanamoto Alley & Abey
Page 4 of 24
12. 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 paragraphs 12A, 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.
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 in the following minimum limits:
Bodily Injury:
Property Damage:
$500,000
each occurrence
$1,000,000
aggregate -all other
$100,000 each occurrence
$250,000 aggregate
If submitted, combined single limit policy with aggregate limits in the
amounts of $1,000,000 will be considered equivalent to the required
minimum limits shown above.
(3) Automotive:
Commercial automotive liability coverage in the following minimum
limits:
Agreement between City of Cupertino
and Royston Hanamoto Alley & Abey
Page 5 of 24
Bodily Injury:
Property Damage:
$500,000 each occurrence
$100,000 each occurrence
or
Combined Single Limit: $500,000 each accident
(4) Professional Liability:
Professional liability insurance which includes coverage for the
professional acts, errors and omissions of Consultant in the amount of at
least $1,000,000 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 riot be required to contribute anything toward any loss or expense
covered by the insurance provided by this policy.
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.
Agreement between City of Cupertino
and Royston Hanamoto Alley & Abey
Page 6 of 24
13. 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.
14. 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.
15. 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.
16. 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
Agreement between City of Cupertino
and Royston Hanamoto Alley & Abey
Page 7 of 24
Business License, that may be required in connection with the performance of services
hereunder.
17. 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. 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(l) 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.
Agreement between City of Cupertino
and Royston Hanamoto Alley & Abey
Page 8 of 24
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.
18. 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.
19. 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
Dept. of Recreation & Community Services
10300 Torre Ave.
Agreement between City of Cupertino
and Royston Hanamoto Alley & Abey
Page 9 of 24
Cupertino CA 95014
Attention: Carol Atwood
All notices, demands, requests, or approvals from City to Consultant shall be addressed
to Consultant at:
RHAA
225 Miller Avenue
Mill Valley, CA 94941
Attention: Barbara Lundburg
20. 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.
21. COMPLIANCES:
Consultant shall comply with all state or federal laws and all ordinances, rules and
regulations enacted or issued by City.
22. 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.
Agreement between City of Cupertino
and Royston Hanamoto Alley & Abey
Page 10 of 24
23. 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.
24. 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.
25. 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.
26. 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 terminate this Agreement for such breach as provided in Section 19 of
this Agreement.
27. 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.
28. 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.
Agreement between City of Cupertino
and Royston Hanamoto Alley & Abey
Page 11of24
P.O. No.: '}.,(')'"' -'317
IN WITNESS WHEREOF, the parties have caused the Agreement to be executed.
CONSULTANT
By·_,bL.'...L.32....~~~'ftPt-"VV'
Name PJJ~ara Lu;rtlba;u(
Title~
Date $tt:JfunhV' /ljl W/'5
Tax I.D. No.: qtj "/ {/ qq"' Cf 2-
Address:
225 Miller Ave.
Mill Valley, CA 94941
Date_/_(_,...._2-_/_S~_
APPROVED AS TO FORM:
(JuwlA---:
~ Carol Korade, City Attorney
Agreement between City of Cupertino
and Royston Hanamoto Alley & Abey
ATTEST: ~~hf<ttrr
Grace Schmidt, City Clerk
Contract Amount: $412,500.00
Account No. : 4'2 CJ-99-030•
. . 9l)l>-... 9 OE
Page 12 of 24
EXHIBIT A
SCOPE OF SERVICES
Royston Hanamoto Alley & Abey (RHAA) will be the prime consultant and coordinate the work
of the subconsultants. Subconsultants include:
The Sports Management Group, 2607 ih Street, Berkeley, CA 94710
Applied Development Economics, 2555 Y gnacio Valley Road, Suite 22, Walnut Creek,
CA 94596
The consultant will provide services to the City that will result in a comprehensive master plan
that assesses current park space, recreation facilities and recreation programs and current and
pnJjected community needs to guide future programmatic decisions and capital improvement
planning. The anticipated scope of services follows.
Monthly project meetings with the city project team and advisory group are intended during
the process. Onsite project meetings in Cupertino are as noted in the scope below, or project
meetings may be scheduled to take advantage of other tasks involving meetings/workshops
that are noted to occur in Cupertino. In the absence of this, monthly project meetings may
occur via telephone or a Go To Meeting process.
TASKA. WorkPlan
Prior to embarking on the tasks to be performed under this Scope of Work, Consultant
will meet with City Staff to finalize a detailed work schedule and identify all information
to be provided by City Staff.
Consultant will develop and propose a public outreach/community engagement plan.
Public outreach will be designed to engage all age groups and provide an interactive
forum for residents to share their views regarding recreation facilities, services, unmet
needs, and what they "value." City will review Consultant's proposed approach and
refine in collaboration with Consultant. This task will establish key dates, and coordinate
dates with City events, promotions, and launching of new season programs. This task will
develop a list of community publicity resources and networking opportunities.
This task will develop a list of key stakeholders and individuals to interview or involve.
Key stakeholder groups will be used to help collect input regarding current facility usage,
current and future needs, and potential partnering opportunities. The work plan will
confirm the role and participation for an advisory process as appropriate, and the primary
role envisioned for the Parks and Recreation Commission.
Meetings
• Kickoff Meeting with City Staff, review scope, process, and schedule
Agreement between City of Cupertino
and Royston Hanamoto Alley & Abey
Page 13 of 24
Deliverables
• Work Schedule updated periodically
• Updated Work Scope
• Identify relevant stakeholders
TASK B. City Policy and Standards Review
Consultant shall assemble and review all existing City of Cupertino planning documents
to ensure compatibility with the final Parks, Open Space, and Recreation Master Plan
recommendations. Consultant shall also conduct a meeting with City staff to review
current park conditions, maintenance practices, as well as city standards and policies, and
to collect and utilize City staff's existing documentation regarding park infrastructure.
Consultant shall evaluate the City's existing Capital Improvement Program; Stevens Creek
Corridor Master Plan [2006 document and new document in prep]; McClellan Ranch
Master Plan Update 2012; General Plan/Community Vision 2040; Bicycle Transportation
Plan 2011 and 2015 Update; South Valko Connectivity Plan Dec. 2014; ADA Self
Evaluation Transition Plan April 2015; and other applicable documents.
Meetings
• 3 City Staff/Advisory Meetings -planning focus; recreation programs focus;
public works focus including maintenance/infrastructure
• 3 City Staff meetings to review findings
Materials to be provided by City:
• City Gener a 1 Plan/Community Vision 2040
• Park & Recreation Facility record documents as available and/or GIS base maps
• Recent Quarterly Recreation Brochures
• Trail Plans
• City standard details and specifications
Deliverables
• Consultant shall provide a Draft and Final Report summarizing existing
infrastructure; currently proposed or pending improvements; maintenance
practices and policies.
TASK C. Existing Parks, Open Space and Recreation Facilities and Programs
Inventory/ Analysis
The consultant is to compile a comprehensive inventory and analysis of all parks, open
spaces, trails, and programs and services offered by the existing recreation facilities.
Consultant shall notify Public Works staff prior to site visits or site reviews throughout
the process. The inventory should include an analysis of the user groups and times and
types of usage for primary facilities. An analysis of the City's recreational programs is to
Agreement between City of Cupertino
and Royston Hanamoto Alley & Abey
Page 14 of 24
be performed as part of this task to determine the level of recreational needs currently
being met and to identify those recreational areas that are lacking or not being served in
Cupertino. This task is also to include the review and identification of potential locations
to improve and expand the City's recreational facilities as well as identifying potential
revenue sources, operating and maintenance requirements. The inventory and analysis is
to include (for each individual park, trail, open space and recreational facility):
• Location
• Size and Boundary
• Use -Neighborhood or Regional
• History as applicable -provided by City (past renovations)
• Current condition
• Facilities -inventory of all park and recreational facilities (playgrounds, play fields,
ball courts, pools, gyms, trails, restroom, structures, parking capacity)
• Recreation programs -scheduled programs throughout the year (services provided
by City)
• Compliance with ADA requirements (see 2015 citywide report)
• Constraints -Consultant to identify any features that compromise the full potential
of the park
• Opportunities -Consultant to identify opportunities to expand or enhance
recreational opportunities
• Operations and maintenance -Consultant to review with City and contracted
maintenance staff, including issues related to current and projected operations and
maintenance requirements
• Trail, park and recreational facility expansion -Consultant shall identify potential
areas such as use of existing easements, future potential acquisitions from willing
sellers, and city-owned land to create community parks and/or facilities, connect
gaps in the existing trail network, and other opportunities to expand the park system
including using existing city-owned or contracted land
• School facilities -Consultant to review school playfield facilities, potentially
available court or swim facilities, and potential uses
• Evaluate opportunities to increase sustainability practices such as reducing turf,
energy and water consumption, etc.
Meetings
• 3 City Staff/advisory and maintenance review meetings
• 1 Cupertino Union School District review meeting
• 1 Fremont Union High School District review meeting
Deliverables
• Cupertino meeting agenda
• Existing Recreation Facilities and Programs Inventory/Analysis and Potential Venues
draft and final report
Agreement between City of Cupertino
and Royston Hanamoto Alley & Abey
Page 15 of 24
TASK D. Gather Input and Assess Community Needs
This phase includes the community outreach process, to solicit community input to assist
with determining how Cupertino parks, trails, open spaces and recreation facilities can
better meet the needs of the community. The community outreach and public input
process will be integral to the parks, trails and recreation master planning process. The
consultant shall prepare a community outreach agenda and hold an anticipated five (5)
community meetings and up to five (5) stakeholder meetings to gather input. Stakeholder
groups are to be identified in collaboration with City staff.
It is anticipated that much of this task will occur concurrently with Task C. The intention
is that public outreach and stakeholder and community input will be secured early enough
that it can help shape the analysis that is performed in Task C.
Stakeholders will be contacted and a series of group meetings scheduled to discuss their
specific needs and program participation trends. The scope of work includes meetings
with 5 individual groups. Consultant will also conduct phone interviews with up to 20 key
community members.
Up to 5 workshops/community meetings will be held. The first workshop is expected to
focus on a presentation of the inventory, analysis and needs assessment information
prepared during the first 2 tasks. Consultant will prepare presentation materials (graphics,
maps, Powerpoint etc.). The workshop is anticipated to be an open public forum designed
to promote quality interaction through large and small group discussions, possible
prioritization exercises, and comment sheets. Comment sheets can help capture additional
comments as they arise and invite participation by persons not comfortable with public
speaking. They are expected to be used throughout the project. Consultant will record the
comments received and incorporate them into the Needs Assessment. The first workshop
may be held twice, at different times and locations.
The second public workshop is expected to focus on eliciting feedback and comments on
the master planning proposals and develop consensus on priorities. This workshop is
expected to be interactive, with draft action plan recommendations presented for review
and feedback. Consultant will record comments received and incorporate them into the
Needs Assessment and plan process. This second workshop may be held twice at different
times and/or locations.
A third workshop is expected to present priorities for park and facilities improvements,
goals, objectives and action items as well as survey results for discussion and comment.
Intercept surveys are recommended. Consultant suggests attending 3 community events to
engage the public in the outreach process. A station will be set up with maps and photos
of existing facilities to ask community members to vote on graphics and/or complete a
survey. This "intercept" method helps solicit opinions from nonresidents who use city
Agreement between City of Cupertino
and.Royston Hanamoto Alley & Abey
Page 16 of 24
park facilities. As agreeable to City, Consultant may implement one or more intercept
survey events in lieu of a workshop or meeting or other task, or City staff may conduct
intercept events and provide the resulting input to Consultant.
Outreach will be conducted through the City's website. Consultant will provide web-
ready uploads for City to post, including products, surveys, and other supporting data.
Outreach will include use of social media sites. Consultant will engage the broader public
through interactive information sharing such as Facebook, Twitter and other platforms.
The consultant shall prepare a study session presentation with the City of Cupertino 's
Parks and Recreation Commission to review policies, goals and objectives of the Parks,
Open Space and Recreation Master Plan Project and to receive input and feedback from the
Commissioners. The presentation should include the feedback and recommended
priorities received from the community meetings. A sample community survey should be
reviewed with the Commission at this time. A list of projects shall be developed with the
community, stakeholders, the Commission and City Council that could be coordinated
with the polling of the community for prioritization, and for potential community support
of a future parks bond measure, if requested.
Meetings
• City Staff review meetings including community meeting agenda and presentation
• 5 Community meetings
• 5 Stakeholders meetings
• 1 Parks and Recreation Commission presentation
• 1 Commission, Committee or other public meeting presentation
• 1 City Council presentation
Deliverables
• Community Meeting Agendas
• Community Meeting Report-one for each meeting
• Stakeholders Meeting Agendas
• Stakeholders Meeting Report -one for each meeting
• Parks and Recreation Commission study session agenda & presentation
• Parks and Recreation Commission study session report
• Community Survey Sample for Parks and Recreation Commission Review
• Commission and Council presentations and reports
TASK E. Draft Parks, Open Space and Recreation Master Plan Report
The draft City Wide Parks, Open Space and Recreation Master Plan Report is to analyze all
of the data from the previous tasks and synthesize that information into a comprehensive
Agreement between City of Cupertino
and Royston Hanamoto Alley & Abey
Page 17 of 24
report. The consultant is to make recommendations which take into account the current
and future needs related to parks, conditions of existing facilities, and cost of
modifications in recommending how the current parks, trails, open space and recreational
facilities and recreational programming should be maintained, modified or enhanced to
serve short, medium and long range needs of the community. Cost estimates shall be
provided for all options. The recommendations and prioritization of recreational
needs will be reviewed and discussed at a community meeting and with the Parks and
Recreation Commission and with the Planning Commission. Consultant is to work with
City staff and an advisory committee/process as defined in Task A in preparing the draft
Master Plan Report. The report should include a matrix that summarizes the findings for
each park, trail, open space and recreational facility and program, in a clear a concise
format. For the Memorial Park/Quinlan Community Center/Senior Center/Sports Center
area, the analysis and recommendations shall include a Concept Plan and layout for the
property anticipated as more detail than a bubble diagram but not a completely detailed
schematic design; parking shall be evaluated also. Consultant shall provide an alternative
concept for a different level of use intensity and site modification. An administrative draft
of each major chapter/section of the draft Master Plan shall be provided to city staff for
review.
Analysis Section
The Report is to gather and summarize the analysis aspect of the Master Planning process.
A Demographic Analysis will be included. This analysis identifies the status and changes
in age groups, family households, income, educational attainment, spending habits, and
other information that can be used to project recreation demand and likely participation.
Recreation interests vary based on these factors and other demographic characteristics.
Projections will be made for short and medium-term stages, with long-term expectations.
This analysis of population is intended to provide insights into likely programs, activities,
and underserved groups for future planning considerations. The demographic profile for
the study area is generated from multiple sources of demographic data, including:
• City of Cupertino census data
• City of Cupertino school district data
• U.S. Dept. of Commerce
• National Parks and Recreation Society survey data
• Neilson site reports
• Association of Bay Area Governments 2030 forecast
A Recreation Trends analysis will be included. State and national social, economic,
environmental and recreational trends have a significant impact on the demand and
delivery of recreational services. The Sports Management Group (TSMG) will identify the
trends impacting the service area and the unique characteristics of Cupertino's population
that are most likely to impact recreational services now and in the future. The planning
Agreement between City of Cupertino
and Royston Hanamoto Alley & Abey
Page 18 of 24
implications for recreation programs, services and facilities will be identified. Specific
Cupertino demographic trends will be examined and used to help ensure the trends
analysis reflects the local community.
The overall Analysis Section is to include information from:
• Analysis, prioritization and assessment of the parks, trails, open space and
recreational facilities and programs
• Development of matrices that assist in the prioritization and selection of short,
medium and longterm park, facility and programming improvements
• City staff input
• Demographic analysis and Recreation Trends analysis
• Community meetings input
• Community survey
• Parks and Recreation Commission input
Development of Short, Medium and Long Term Projects and Programs
The Report is to include the identification of short, medium and long term capital projects
and recreation programs, including both standard renovations and installation of new
facilities, and current programs and desirable future programs that span the next
approximately two decades. Prioritization criteria shall be included to guide the strategy.
• Areas where outdated or underutilized facilities should be redeveloped
• New specialized facilities that should be considered
• New key facilities (aquatic center, teen center, gymnasium, play fields, etc.) that should
be considered
• Playgrounds or facilities that do not conform with ADA standards (see also 2015
report)
• New and expanded recreational programs and associated recommendations
• A timeline and budget to accomplish the goals of the Parks, Open Space and Recreation
Master Plan
• Establish cost analysis including capital, operational and maintenance costs for all
expansions and improvements that are recommended
• Potential revenue sources -Consultant to identify areas of potential revenue for park
and open space facilities (note, a new citywide fee analysis is expected to prepared late
2015/early 2016)
Management and Implementation Section
The report is to include a Management and Implementation section. This Section is to
include:
• Goal, strategies, priorities and action items
• Identify areas of possible revenue generation
• Identify potential sources of funding
• Identify the responsible party or group for achieving the goals and objectives of the
Master Plan
Agreement between City of Cupertino
and Royston Hanamoto Alley & Abey
Page 19 of 24
• Identify items that will require additional staff time for operation or maintenance
• Establish a time frame for accomplishing each task
Meetings
• 3 City Staff review meetings of admin draft, public draft and final reports
• 1 Community Meeting
• 1 Stakeholders Meeting
• 1 Additional public or stakeholder meeting TBD
• 1 Parks and Recreation Commission Meeting
• 1 Commission, Committee or other public meeting presentation TBD (Teen
Commission, Bicycle Pedestrian Commission e.g.)
• 1 Planning Commission Meeting or Council study session
Deliverables
• Cost and funding sources draft and final study
• Capital improvement recommendations draft and final study
• Master Plan elements noted above
• Community Meeting Agenda
• Community Meeting Report-oneforeachmeeting
• Stakeholders Meeting Agenda
• Stakeholders Meeting Report -one for each meeting
• Parks and Recreation Commission meeting agenda & presentation
• Parks and Recreation Commission meeting report
• Planning Commission meeting agenda & presentation
• Planning Commission
• Parks, Open Space and Recreation Draft Master Plan report
TASK F. Park Site Master Plans
The Consultant is to create an individual site master plan (conceptual design diagram of
proposed renovations/modifications) and a written summary for each individual
park/facility including city parks/recreation facilities, 10 school district sport field sites,
developer urban parks, and as applicable Santa Clara County parks and Mid peninsula
Regional Open Space District sites. Each site plan and summary shall identify:
• New facility or amenities components and suggested location(s)
• Potential for expansion: Size or facilities
• Components to be removed if any
• Site improvements
• Parking needs, parking area sizes and capacity, and recommended circulation
improvements if applicable
• Timing-Recommended approx. schedule of improvements/renovation over the
next approximately two decades
• Cost analysis of operations, maintenance and capital improvements
Agreement between City of Cupertino
and Royston Hanamoto Alley & Abey
Page 20 of 24
• Operations and maintenance recommendations
• Sustainable upgrade recommendations
Meetings
• City Staff review of plans
• The meetings noted in Task E above may be scheduled to include review of the Park
Site Master Plans of this Task F.
Deliverables
• Site Master Plans
TASK G. Community Master Plan Review
The Consultant is to present the Draft Master Plan Report and Site Master Plans to the
community for feedback and input.
Meetings
• 2 Community meetings
Deliverables
• Community Meeting Agenda
• Community Meeting Report
TASK H. City Commissions & Officials Review
The Consultant is to present the Draft Master Plan Report and Park Master Plans to the
City's Commissions and elected officials for input and feedback, anticipated to be in a
study session format.
Meetings
• 1 Parks and Recreation Commission meeting
• 1 Commission meeting (Parks & Recreation Commission, Planning Commission or joint
meeting) (possible Study Session)
• 1 City Council meeting (possible Study Session)
Deliverables
• Meeting Agenda & Presentations
• Meeting Summary Reports -one for each meeting
Agreement between City of Cupertino
and Royston Hanamoto Alley & Abey
Page 21of24
TASK I. Parks, Open Space and Recreation Master Plan
Upon final comment by City bodies, commissions and the community, the consultant is
to revise the Draft Master Plan Report and individual Park Site Plans to reflect the input
received. This revised document shall be finalized as the Parks, Open Space and
Recreation Master Plan. Upon its completion the consultant shall present the Master Plan
to the Commissions for their review and recommendation and to City Council for
approval.
Meetings
• 1 Parks and Recreation Commission meeting
• 1 Planning Commission meeting
• 1 City Council meeting -plan approval
Deliverables
• Parks, Open Space and Recreation Master Plan ( 4 printed/bound copies; 1 unbound
copy; 1 electronic copy in format acceptable to the City)
Agreement between City of Cupertino
and Royston Hanamoto Alley & Abey
Page 22 of 24
EXHIBITB
SCHEDULE OF PERFORMANCE
A detailed performance schedule will be developed as part of Task A.
The overall project schedule includes:
Council authorizes negotiation of consultant services agreement: August 2015
Execution of consultant services agreement: September 2015
Begin Task A and B: late September 2015
Begin Task C: October 2015
Begin Task D: November 2015
Task I is anticipated to occur January-March 2017 but may be adjusted by mutual
consent of City and Consultant.
Agreement between City of Cupertino
and Royston Hanamoto Alley & Abey
Page 23 of 24
EXHIBIT C
COMPENSATION
COMPENSATION for Basic Services
Task A
TaskB
TaskC
TaskD
TaskE
TaskF
TaskG
TaskH
Task I
Subtotal, Services, Tasks A - I
Reimbursable Expenses Allowance
Basic Services, Not to Exceed:
Additional Services Allowance:
TOTAL CONTRACT, Not to Exceed:
$ 5,185
17,340
64,240
47,350
127,590
63,555
12,600
5,890
26,450
$370,200
$4,200
$375,000
$37,500
$412,500
An allowance for Additional services is provided, to be expended only upon advance City
authorization, in writing, for work outside the scope of basic services.
Additional Services, if agreed to by the City, shall be billed at the attached rates. $--
Agreement between City of Cupertino
and Royston Hanamoto Alley & Abey
Page 24 of 24
LANDSCAPE ARCHITECTURE+ PLANNING
RHAA
2015 per hour Billing Rates
Partner/Principal 2 $190.00
Principal 1
Principal
Senior Associate 1
Senior Associate 2
Senior Assistant
Senior Project Mgr
Associate 1
Associate 2
Assistant 1
Assistant 2
Tech 1
Tech 2
Controller
Cost Accountant
$185.00
$180.00
$175.00
$155.00
$145.00
$140.00
$135.00
$125.00
$115.00
$110.00
$105.00
$100.00
$150.00
$135.00
The Sports Management Group per hour Billing Rates
Principal $190
Senior Associate $145
Architect $180
Staff $100
1
Applied Development Economics, Inc. per hour Billing Rates
Doug Svensson, President
Doug Yount, Principal
Macy Leung, Senior Associate
Peter Cheng, Senior Associate
Tony Daysog, Senior Associate
Production Manager
$175.00
$175.00
$135.00
$135.00
$135.00
$ 70.00
2
CUPERTINO
November 10, 2015
RHAA
225 Miller A venue
Mill Valley, CA 94941
Attn: Barbara Lundburg
OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE• CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3223 •FAX: (408) 777-3366
WEBSITE: www.cupertino.org
Re: Agreement for consulting services for Cupertino Citywide Parks, Open Space &
Recreation Master Plan
Enclosed is a signed copy of the above-stated agreement with the City of Cupertino. If you
have any questions or need additional information, please contact the Recreation and
Community Services Department at 408-777-3110.
Sincerely,
Kirsten Squarcia
Deputy City Clerk
Enclosure
cc: Recreation and Community Services