90-029 Freedman, Tung, & Bottomley - Urban Design Study •
33`(3°
ACCOUNT NO. 120-9307-953
CONTRACT AMOUNT $29,890
PURCHASE ORDER NO. a + q
e 2"8 9 T:,2 AGREEMENT
THIS AGREEMENT,made and entered into this 'day of Nom;01994, by and between the CITY OF CUPERTINO, a
municipal corporation of California,hereinafter referred to as "CITY", and Freedman Tung and Bottomley,with offices at 47
Kearney Street,San Francisco, California, 94108 hereinafter referred to as"CONTRACTOR";
WITNESSETH:
WHEREAS, CITY desires to retain services in conjunction with the Heart of the City Specific Plan: Design Task I;
and
WHEREAS, CITY desires to engage CONTRACTOR to provide these services by reason of its qualifications and
experience for performing such services, and CONTRACTOR has offered to provide the required services on the terms and
in the manner set forth herein;
NOW,THEREFORE, in consideration of their mutual covenants, the parties hereto agree as follows:
1. DEFINITIONS.
(a) The word "City" as used in this agreement shall mean and include all the territory lying within the municipal
boundaries of the City of Cupertino, California, as presently existing, plus all territory which may be added thereto during
the term of this agreement by annexation or otherwise.
(b) The term "City Manager"shall mean the duly appointed City Manager of the City of Cupertino,California, or
his designated representative. •
(c) The term"City Attorney" shall mean the duly appointed City Attorney of the City of Cupertino, California, or
his designated representative.
(d) The term "City Clerk" shall mean the duly appointed City Clerk of the City of Cupertino, California, or her
designated representative.
2. PROJECT COORDINATION.
•
(a) City. The City Manager shall be representative of CITY for all purposes under this agreement. Colin Jung is
hereby designated as the PROJECT MANAGER for the City Manager,and shall supervise the progress and execution of this
agreement.
(b) Contractor. CONTRACTOR shall assign a single PROJECT DIRECTOR to have overall responsibility for
the progress and execution of this agreement for CONTRACTOR. Michael Freedman hereby is designated as the PROJECT
DIRECTOR for CONTRACTOR. Should circumstances or conditions subsequent to the execution of this agreement require
a substitute PROJECT DIRECTOR for any reason, the PROJECT DIRECTOR designee shall be subject to the prior written
acceptance and approval of the PROJECT MANAGER.
Agreement for Heart of the City Specific Plan:Design Task I Freedman Tung and Bottomley
Page 2
3. DUTIES OF CONTRACTOR.
(a) Services to be Furnished. CONTRACTOR shall provide all specified services as set forth below:
Streetscape Concept and Guidelines and Architectural Landmark Alternatives
Preparation of a recommended plan for streetscape improvements along the Stevens Creek Boulevard frontage.
Work will include dimensioned plan and cross section illustrations indicating different improvement approaches
for the corridor as a whole,and/or subareas along the corridor. CONTRACTOR will identify species of trees and
other recommended plants,provide catalog"cuts"for recommended furnishings,such as street lights,bus stops,
benches,and trash receptacles.
Preparation of alternatives for landmark architectural features to define,special places or intersections and/or add
interest at various locations along the boulevard.
(1) Procure all permits and licenses, pay all charges and fees, and give all notices which may be necessary and
incident to the due and lawful prosecution of the services to be performed by CONTRACTOR under this agreement;
(2) Keep itself fully informed of all existing and future federal, state, and local laws, ordinances,regulations, orders,
and decrees which may affect those engaged or employed under this agreement, any materials used in CONTRACTOR's
performance under this agreement,or the conduct of the services under this agreement;
(3) At all times observe and comply with, and cause all of its subcontractors and employees, if any, to observe and
comply with, all of said laws, ordinances,regulations,orders,and decrees mentioned above;
(4) Immediately report to the PROJECT MANAGER in writing any discrepancy or inconsistency it discovers in said
laws, ordinances, regulations, orders, and decrees mentioned above in relation to any plans, drawing, specifications, or
provisions of this agreement.
(5) Michael Freedman shall represent CONTRACTOR at all City public hearings and meetings. The dates and times
of such hearings and meetings shall be mutually agreed upon by the CONTRACTOR and PROJECT MANAGER.
(c) Release of Reports and Information. Any reports, information,data, or other material given to, or prepared or
assembled by,CONTRACTOR or its subcontractors,if any,under this agreement shall be the property of CITY and shall not
be made available to any individual or organization by CONTRACTOR or its subcontractors, if any, without the prior
written approval of the City Manager.
(d) Copies of Reports and Information. If CITY requests additional copies of reports, drawings,specifications or
any other material which CONTRACTOR is required to furnish in limited quantities as part of the services under this
agreement, CONTRACTOR shall provide such additional copies as are requested and CITY shall compensate
CONTRACTOR for the costs of duplicating of such copies at CONTRACTOR'S cost.
(e) Qualifications of Contractor. CONTRACTOR represents that it is qualified to furnish the services described
under this agreement.
4. COMPENSATION. For the full performance of the services described herein by CONTRACTOR, CITY shall
pay CONTRACTOR the total sum of Twenty-nine Thousand,eight hundred ninety dollars(29,890)
Agreement for Heart of the City Specific Plan:Design Task I Freedman Tung and Bottomley
Page 3
5. DUTIES OF CITY. City shall provide staff time,background materials and other available information.
6. TERM. The services to be performed hereunder shall commence on March 1, 1994, and shall be completed by
June 30, 1994.
7. TEMPORARY SUSPENSION. The City Manger shall have the authority to suspend this agreement,wholly or in
part,for such period as he deems necessary due to unfavorable conditions or to the failure on the part of the CONTRACTOR
to perform any provision of this agreement.
8. EXTENSION OF TERM. In the event that the services called for under this agreement are not completed within
the time specified above,the City Manager shall have the option to extend the time for completion. This paragraph does not
preclude the recovery of damages for delay by either party.
9. SUSPENSION:TERMINATION.
(a) Right to Suspend or Terminate. Either party may suspend or terminate this agreement for any reason by
giving thirty (30) days' written notice. Upon receipt of such notice, CONTRACTOR shall immediately discontinue his
performance under this agreement.
(b) Payment. Upon such suspension or termination, CONTRACTOR shall be paid for all services actually
rendered to CITY to the date of such suspension or termination; provided, however, if this agreement is suspended or
terminated for fault of CONTRACTOR, CITY shall be obligated to compensate CONTRACTOR only for that portion of
CONTRACTOR'S services which are of benefit to CITY.
(c) Return of Materials. Upon such suspension or termination, CONTRACTOR shall turn over to the City
Manager immediately any and all copies of studies, sketches, drawings, computations, and other data, whether or not
completed, prepared by CONTRACTOR or its subcontractors, if any, or given to CONTRACTOR or its subcontractors, if
any, in connection with this agreement. Such materials shall become the permanent property of CITY. CONTRACTOR,
however, shall not be liable for CITY's use of incomplete materials or for CITY's use of complete documents if used for
other than the project contemplated by this agreement.
10. INSPECTION. CONTRACTOR shall furnish CITY with every reasonable opportunity for CITY to ascertain that
the services of CONTRACTOR are being performed in accordance with the requirements and intentions of this agreement.
All work done and all materials furnished, if any, shall be subject to the PROJECT MANAGER's inspection and approval.
The inspection of such work shall not relieve CONTRACTOR of any of its obligations to fulfill its agreement as prescribed.
11. INDEPENDENT JUDGMENT. Failure of CITY to agree with CONTRACTOR's independent findings,
conclusions, or recommendations, if the same are called for under this agreement, on the basis of difference in matters of
judgment shall not be construed as a failure on the part of CONTRACTOR to meet the requirements of this agreement.
12. ASSIGNMENT: SUBCONTRACTORS:EMPLOYEES.
(a) Assignment. Both parties shall give their personal attention to the faithful performance of this agreement and
shall not assign,transfer,convey, or otherwise dispose of this agreement or any right,title,or interest in or to the same or any
part thereof without the prior written consent of the other party, and then only subject to such terms and conditions as the
other party may require. A consent to one assignment shall not be deemed to be a consent to any subsequent assignment.
Any assignment without such approval shall be void and, at the option of the other party, shall terminate this agreement and
any license or privilege granted herein. This agreement and any interest herein shall not be assignable by operation of law
without the prior written consent of the other party.
Agreement for Heart of the City Specific Plan: Design Task I Freedman Tung and Bottomley
Page 4
(b) Subcontractors; Employees. CONTRACTOR shall be responsible for employing or engaging all persons
necessary to perform the services of CONTRACTOR hereunder. No subcontractor of CONTRACTOR will be recognized
by CITY as such;rather, all subcontractors are deemed to be employees of CONTRACTOR, and it agrees to be responsible
for their performance. CONTRACTOR shall give its personal attention to the fulfillment of the provisions of this agreement
by all of its employees and subcontractors, if any, and shall keep the work under its control. If any employee or
subcontractor of CONTRACTOR fails or refuses to carry out the provisions of this agreement or appears to be incompetent
or to act in a disorderly or improper manner, he shall be discharged immediately from the work under this agreement on
demand of the PROJECT MANAGER.
13. NOTICES. All notices hereunder shall be given in writing and mailed, postage prepaid, by certified mail,
addressed as follows:
TO CITY: Office of the City Clerk
10300 Tone Avenue
Cupertino,CA 95014-0580
TO CONTRACTOR: Attention of the PROJECT
DIRECTOR at the address of
CONTRACTOR recited above.
14. INTEREST OF CONTRACTOR. CONTRACTOR covenants that it presently has no interest, and shall not
acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the
performance of the services hereunder. CONTRACTOR further covenants that, in the performance of this agreement, no
subcontractor or person having such an interest shall be employed. CONTRACTOR certifies that no one who has or will
have any financial interest under this agreement is an officer or employee of CITY. It is expressly agreed that, in the
performance of the services hereunder, CONTRACTOR shall at all times be deemed an independent contractor and not an
agent or employee of CITY.
15. INDEMNITY. CONTRACTOR hereby agrees to indemnify and save harmless CITY, its officers, agents, and
employees of and from:
(a) Any and all damage to or destruction of the property of CITY, its officers, agents, or employees occupied or
used by or in the care, custody, or control of CONTRACTOR, caused by any act or omission, negligent or otherwise, of
CONTRACTOR or any subcontractor under this agreement or of CONTRACTOR'S or any subcontractor's employees or
agents.
(b) Any any all claims and demands which may be made against CITY, its officers, agents, or employees by
reason of any injury to or death of or damage suffered or sustained by any employee or agent of CONTRACTOR or any
subcontractor under this agreement,however caused, excepting,however, any such claims and demands which are the result
of the sole negligence or willful misconduct of city,its officers,agents, or employees;
(c) Any and all penalities imposed or damages sought on account of the violation of any law or regulation or of
any term or condition of any permit.
(d) The CONTRACTOR is not responsible for the accuracy of date from sources other than his/her own or from
conclusions reached as a result of utilizing information supplied by third persons.
16. WORKERS' COMPENSATION. CONTRACTOR certifies that it is aware of the provisions of the Labor
Code of the State of California which require every employer to be insured against liability for workers' compensation or to
undertake self-insurance in accordance with the provisions of that code, and it certifies that it will comply with such
provisions before commencing the performance of the work of this agreement.
Agreement for Heart of the City Specific Plan:Design Task I Freedman Tung and Bottomley
Page 5
17. INSURANCE. CONTRACTOR, at its sole cost and expense, shall obtain and maintain in full force and effect
throughout the entire term of this agreement the insurance coverage of at least a"B"rating as determined in accordance with
the insurance industry standard, insuring not only CONTRACTOR, but also (with the exception of workers' compensation
and employer's liability insurance),CITY, its officers,agents,and employees, and each of them with respect to activities and
services performed by CONTRACTOR for or on behalf of CITY under the provisions of this agreement.
Certificates of such insurance, preferably on the forms provided by CITY, shall be filed with CITY concurrently with the
execution of this agreement or,with CITY's approval,within ten(10)days thereafter. Said certificates shall be subject to the
approval of the City Attorney and shall contain an endorsement stating that said insurance is primary coverage and will not
be cancelled or altered by the insurer except after filing with the City Clerk thirty (30) days' written notice of such
cancellation or alteration, and that the City of Cupertino is named as an additional insured. Current certificates of such
insurance shall be kept on file at all times during the term of this agreement with the City Clerk.
18. AGREEMENT BINDING. The terms,covenants, and conditions of this agreement shall apply to, and shall bind,
the heirs,successors,executors,administrators,assigns, and subcontractors of both parties.
19. WAIVERS. The waiver by either party of any breach or violation of any term, covenant, or condition of this
agreement or any provision, ordinance, or law shall not be deemed to be a waiver of any other term, covenant, condition,
ordinance, or law or of any subsequent breach or violation of the same or of any other term, covenant, condition, ordinance,
or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be
deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this
agreement or of any applicable law or ordinance.
20. COSTS AND ATTORNEYS FEES. The prevailing party in any action brought to enforce the terms of this
agreement or arising out of this agreement may recover its reasonable costs and attorneys' fees expended in connection with
such an action from the other party.
21. NONDISCRIMINATION. No discrimination shall be made in the employment of persons under this agreement
because of the race, color,national origin, ancestry, religion or sex of such person. If the value of this agreement is, or may
be, Five Thousand Dollars ($5,000) or more, CONTRACTOR agrees to meet all requirements of the Cupertino Municipal
Code pertaining to nondiscrimination in employment and to complete and submit the "Compliance
Report--Nondiscrimination Provisions of City of Cupertino Contracts"on the form furnished by CITY.
If CONTRACTOR is found in violation of the nondiscrimination provisions of the State of California Fair Employment
Practices Act or similar provisions of federal law or executive order in the performance of this agreement, it shall thereby be
found in material breach of this agreement. Thereupon, CITY shall have the power to cancel or suspend this agreement, in
whole or in part, or to deduct from the amount payable to CONTRACTOR the sum of Twenty-five Dollars ($25) for each
person for each calendar day during which said person was discriminated against, as damages for said breach of contract, or
both. Only a finding of the State of California Fair Employment Practices Commission or the equivalent federal agency or
officer shall constitute evidence of a violation of contract under this paragraph.
If CONTRACTOR is found in violation of the nondiscrimination provisions of this agreement or the applicable affirmative
action guidelines pertaining to this agreement, CONTRACTOR shall be found in material breach of this agreement.
Thereupon, CITY shall have the power to cancel or suspend this agreement, in whole or in part, or to deduct from the
amount payable to CONTRACTOR the sum of Two Hundred Fifty Dollars ($250) for each calendar day during which
CONTRACTOR is found to have been in such noncompliance as damages for said breach of contract, or both.
Agreement for Heart of the City Specific Plan: Design Task I Freedman Tung and Bottomley
Page 6
22. AGREEMENT CONTAINS ALL UNDERSTANDINGS. This document represents the entire and integrated
agreement between CITY and CONTRACTOR and supersedes all prior negotiations, representations, or agreements, either
written or oral. This document may be amended only by written instrument, signed by both CITY and CONTRACTOR. All
provisions of this agreement are expressly made conditions. This agreement shall be governed by the laws of the State of
California.
IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this agreement the day and year first above
written.
Al LEST: CITY OF CUPERTINO
/1/441-4-nal diret
City Clerk ayor•
APPROVED AS TO FORM:
City Attorney Project Mang r 4
• gIr, Olsi LAI
C. tractor Nam; Freedman T g&Bottomley
47 Kearny St.,Suite 500,San Francisco CA
Address
(415)291-9455
Telephone
ft - 3011401
Social Security number
or
Tax I.D.number
g/mm/legalfredman
AGREEMENT
Qirs.
scbile o CITY OF CUPERTINO
ao
t' P' P.O. Box 580
@cCupertinoCA NO, CA 95015 ® 2 3 0 1 3
•
0
BY THIS AGREEMENT made and entered into on the day of 19
by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and
Name (1) Freedman , Tung & Bottomley (2)
=SAddress 47 Wearnny City Car ran,iarn Zip Q410Phone 415-291-9455
(Hereinafter referred as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as follows:
CONTRACTOR Shall provide or furnish the following specified services and/or materials: The services and
7 it 90 9 : 3materials shall consist of those services and materials referenced
in Exhibit A. The principal referenced in Exhibit A shall be ��
Michael Freedman.
EXHIBITS:The following attached exhibits hereby are made part of this Agreement: Exh ib i is A avid 8
TERMS The services and/or materials furnished under this Agreement shall commence on_Dm a_ 5 , 1599
and shall be completed before Supt 1 , 1 X00
.
COMPENSATION For the full performance of this Agreement,CITY shall pay CONTRACTOR: The amount
referenced in Exhibit A.
GENERAL TERMS AND CONDITIONS
Hold Harmless. Contractor agrees to save and hold harmless the City, its officers,agents and employees from any and
all damage and liability of every nature, including all costs of defending any claim,caused by or arising out of the per-
formance of this agreement.City shall not be liable for acts of Contractor in performing services described herein.
Insurance. Should the City require evidence of insurability Contractor shall file with City a Certificate of Insurance
before commencing any services under this agreement.Said Certificate shall be subject to the approval of City's
Director of Administrative Services. •
Non-Discrimination. No discrimination shall be made in the employment of persons under this agreement because of
the race, color, national origin,ancestry, religion or sex of such person.
Interest of Contractor. It is understood and agreed that this agreement is not a contract of employment in the sense
that the relation of master and servant exists between City and undersigned.At all times Contractor shall be deemed to
be independent contractor and Contractor is not authorized to bind the City to any contracts or other obligations in
executing this agreement.Contractor certifies that no one who has or will have any financial interest under this
agreement is an officer or employee of City.
Changes. This agreement shall not be assigned or transferred without the written consent of the City. No changes or
variations of any kind are authorized without the written consent of the City.
CONTRACT CO-ORDINATOR and representative for CITY shall be:
NAME Rogenr CplljIl) DEPARTMENT CO14AvvtVev(t7 lelLOrmt uj
This Agreement shall become effective upon its execution by CITY, in witness thereof, the parties have executed this
Agreement the day and year first written above.
CON ACT_OR: CITY OF CUPERTINO:(n --
By curacRiu__ By I �..11LkifJ�
Title Title S AAa-dv ix A.A.0 ........ �-
Soc. Sec.#
APPROVALS
Department Head Date City C, - Date /' y/�/�/
White-City Clerk Copy Green-Finance Canary-Contractofs Copy - k-RecelvIn! opy Goldenrod-Department Copy
FREEDMAN
T U N G ft
DATIOMLEY
Diban Design & Planning
District Revitalization
Street & Plaza Design
MEMORANDUM
DATE: June 28, 1990
TO: Robert Cowan,
Director of Community Development
FROM: Anne Burns
RE: Revisions to the Contract
Attached is the contractual agreement between the City of Cupertino and
Freedman, Tung and Bottomley to perform services for an Urban Design Study as
outlined in Exhibit A. As per our telephone conversation on 6/25/90, the Scope
of Services & Budget has been revised to reflect an additional meeting with City
Staff. Exhibit B has been included to clarify the compensation schedule.
cc: Admin. File #1025-01
47 Kearny Street
Suite 500
San Francisco,CA
94108-5522
415.291.9455
•
CITY OF CUPERTINO
URBAN DESIGN STUDY & PRESENTATION
EXHIBIT A
Scope of Services
Task 1: Start-Up and Inventory Existing Conditions.
A. Kick-off meeting with City Staff.
B. Collect base information from City Staff: aerials & zoning maps.
C. Site Visit & Photography.
C. Prepare base map for analysis graphics.
D. Review existing policy documents: Redevelopment Plan, General Plan,
zoning ordinance, etc.
Task 2: City Form Analysis.
A. Prepare "broad brush" overview of the fabric of the City: existing level of
district legibility, areas apparently vulnerable to change, areas in need of
revitalization and those requiring preservation.
B. Inventory unifying architectural elements & special places or features; also
identify features which may work against creation of a distinctive Central
City identity.
Task 3: Develop preliminary recommendations regarding possible desirable
directions to guide the city's growth and change over the next twenty years,
touching on the following fundamental elements of city form.
A. District form - scale, density, edges
B. Architectural character
C. Public Spaces
D. Identify potential location and primary features for the creation of a physical
community focus.
Task 4: Assess likely conflicts inherent in existing planning regulations
with most promising potentials for the enhancement of city form.
SCOPE OF SERVICES & BUDGET PAGE 2
Task 5: Presentation to Goals Committee.
A. Kick off the meeting with a slide presentation of fundamental urban design
ideas and a preliminary analysis of the city's character and form.
B. Lead discussion and record community input regarding revitalization ideas
for the commercial core of the city.
Task 6: Meeting with City Staff
Task 7: Information Meeting with City Identity Subcommittee.
EXHIBIT A
SCOPE OF SERVICES & BUDGET PAGE 3
Staffing & Budget
Task 1: Start-Up and Inventory Existing Conditions.
Principal - Planning/Design/Supervision 4 hrs $ 480.00
Principal - Project Development 16 hrs $ 1,440.00
Draftsman 12 hrs $ 480.00
Subtotal - Task 1: $ 2,400.00
Task 2: City Form Analysis.
Principal - Project Development 20 hrs $ 1,800.00
Subtotal - Task 2: $ 1,800.00
Task 3: Develop preliminary recommendations regarding possible desirable
directions to guide the city's growth and change over the next twenty years.
Principal - Planning/Design/Supervision 24 hrs $ 2,880.00
Associate - Urban Design 16 hrs $ 960.00
Subtotal - Task 3: $ 3,840.00
Task 4: Assess likely conflicts inherent in existing planning regulations
with most promising potentials for the enhancement of city form.
Principal - Planning/Design/Supervision 2 hrs $ 240.00
Associate - Urban Design 12 hrs $ 720.00
Subtotal - Task 4: $ 960.00
Task 5: Presentation to Goals Committee.
Principal - Planning/Design/Supervision 5 hrs $ 600.00
Associate - Urban Design 5 hrs $ 300.00
Subtotal - Task 5: $ 900.00
Task 6: Meeting with City Staff
Principal - Planning/Design/Supervision 5 hrs $ 600.00
Associate - Urban Design 5 hrs $ 300.00
EXHIBIT A
SCOPE OF SERVICES & BUDGET PAGE 4
Subtotal - Task 6: $ 900.00
Task 7: Information Meeting with City Identity Subcommittee.
Principal - Planning/Design/Supervision 5 hrs $ 600.00
Associate - Urban Design 5 hrs $ 300.00
Subtotal - Task 7: $ 900.00
Total - Professional Services $11,700.00
Database, Archives & Project Administration $ 1,080.00
Reimbursable Expenses (allowance) $ 500.00
TOTAL BUDGET NOT TO EXCEED $13,280.00
Additions to Scope of Services @ TIME +
MATERIALS
Additional Meetings @ TIME +
MATERIALS
EXHIBIT A
EXHIBIT B
CONSULTANT FEE AND COMPENSATION SCHEDULE
1) BASIC FEES. CONSULTANT fee shall be based on the performance of
each of the tasks set forth in EXHIBIT "A", not to exceed the total sum of
$13,280 including PROJECT EXPENSES as set forth in this Schedule. Billing
and payment shall be based on hourly rates as set forth below.
2) CONSULTANT shall submit monthly invoices for services performed
and PROJECT EXPENSES incurred for each respective month.
3) Each invoice is due and payable by the CLIENT on presentation and is
past due thirty (30) days from invoice date. Any billing disputes shall be
brought to the attention of CONSULTANT within fourteen (14) days of billing
presentation. If CLIENT fails to timely bring a billing dispute to the attention
of CONSULTANT, CLIENT waives the right to dispute the amount billed.
An interest charge of 10% annual percentage rate may be added to overdue
accounts. If accounts are unpaid forty-five (45) days from the date of billing,
work may be halted at the discretion of CONSULTANT until payments are
made current. In addition, the CONSULTANT reserves the right to withhold
delivery of work product or extend time limits applicable to the performance
of this AGREEMENT in the event of delinquent receivables. The
CONSULTANT shall not be held responsible for any damages due to halting
work or withholding work product.
4) ADDITIONAL SERVICES shall be compensated at CONSULTANT's
hourly rates pursuant to Paragraph Seven (7) of this EXHIBIT. CLIENT shall
not be obligated to make payments for ADDITIONAL SERVICE pursuant to
this AGREEMENT unless such service and the price therefore is set forth in an
executed work order or authorized in writing by CLIENT.
5) In the event services are terminated, through no fault of CONSULTANT,
by either party CLIENT shall compensate the CONSULTANT for all
outstanding fees and PROJECT EXPENSES incurred for work completed prior
to CONSULTANT's receipt of notice of termination. CONSULTANT shall also
be entitled to recover its costs of preparing documents and files for delivery to
CLIENT on the basis of billing rates established in this EXHIBIT.
CONSULTANT shall maintain adequate logs, timesheets and records to verify
fees and REIMBURSABLE COSTS incurred.
6) Fees of subconsultants retained by CONSULTANT shall be paid by
CONSULTANT from its basic fee as set forth in Paragraph One (1) of this
EXHIBIT.
EXHIBIT B
EXHIBIT B
CONSULTANT FEE AND COMPENSATION SCHEDULE
1) BASIC FEES:' CONSULTANT fee shall be based'on the performance of•
each of the tasks set forth in EXHIBIT "A", not to exceed the total sum of
$13,280 including PROJECT EXPENSES as set forth in this Schedule. Billing
and payment shall be based on hourly rates as set forth below.
2) CONSULTANT shall submit monthly invoices for services performed
and PROJECT EXPENSES incurred for each respective month.
3) Each invoice is due and payable by the CLIENT on presentation and is
past due thirty (30) days from invoice date. Any billing disputes shall be
brought to the attention of CONSULTANT within fourteen (14) days of billing
presentation. If CLIENT fails to timely bring a billing dispute to the attention
of CONSULTANT, CLIENT waives the right to dispute the amount billed.
An interest charge of 10% 'annual percentage rate may be added to overdue
accounts. If accounts are unpaid forty-five (45) days from the date of billing,
work may be halted at the discretion of CONSULTANT until payments are
made current. In addition, the CONSULTANT reserves the right to withhold
delivery of work product or extend time limits applicable to the performance
of this AGREEMENT in the event of delinquent receivables. The
CONSULTANT shall not be held responsible for any damages due to halting
work or withholding work product.
4) ADDITIONAL SERVICES shall be compensated at CONSULTANT's
hourly rates pursuant to Paragraph Seven (7) of this EXHIBIT. CLIENT shall
not be obligated to make payments for ADDITIONAL SERVICE pursuant to
this AGREEMENT unless such service and the price therefore is set forth in an
executed work order or authorized in writing by CLIENT.
5) In the event services are terminated, through no fault of CONSULTANT,
by either party CLIENT shall compensate the CONSULTANT for all
outstanding fees and PROJECT EXPENSES incurred for work completed prior
to CONSULTANT's receipt.of notice of termination. CONSULTANT shall also
be entitled to recover its costs of preparing documents and files for delivery to
CLIENT on the basis of billing rates established in this EXHIBIT.
CONSULTANT shall maintain adequate logs, timesheets and records to verify
fees and REIMBURSABLE COSTS incurred.
6) Fees of subconsultants retained by CONSULTANT shall be paid by
CONSULTANT from its basic fee as set forth in Paragraph One (1) of this
EXHIBIT.
EXHIBIT B
//o - 73o2 -741 '
AGREEMENT 90- aa9
qq V`l
,4"�a
o44 CITY OF CI. ERTINO '
t000 - P.O. Boy 2.i580 �
woad fI ' "L?°"/wp Cupertino, ` 'A 95015
RAC, ,,r1e^ 1 j,ggj 252-4505 NO, 0 2 3 0 6
rasa u c+UifThi1ay .
BY THIS AGREEMENT made and entered into on the 28 day of March 19 91 ,tttl��
by and between the CITY OF CUPERTINO f�ereinafter referred tows CITY) and V`;
Name (1) MICHAEL FREEDMAN1' ' (2) h 4 i7/Mi ' wl/ev
Address 4/ Kt:ARNY STREET City SAN FRANCISCO 204108 Phone( r)L91-9455
(Hereinafter referred as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as follows:
CONTRACTOR Shall provide or furnish the following specified services and/or materials: as described in
Exhibit A, amount not to exceed $34,000.
EXHIBITS:The following attached exhibits hereby are made part of this Agreement: EXHIBIT A, as
amended
TERMS The services and/or materials furnished under this Agreement shall commence on _ April 1, 1991
and shall be completed before August 1. 1991
COMPENSATION For the full performance of this Agreement,CITY shall pay CONTRACTOR:
7 ;;;,r ` � GENERAL TERMS AND CONDITIONS
Hold Harmless. Contractor agrees to save and hold harmless the City, its officers,agents and emto es from y.and
all damage and liability of every nature, including all coos r,odffe-rlding any claim,caused by or ari ng ut oie per it
formance of this agreement.City shall not be liable fowcts ifir Coftractor in performing services described herein.
Insurance. Should the City require evidence of insurability Contractor shall file with City a Certificate of Insurance
before commencing any services under this agreement. Said Certificate shall be subject to the approval of City's
Director of Administrative Services.
Non-Discrimination. No discrimination shall be made in the employment of persons under this agreement because of
the race, color, national origin,ancestry,religion or sex of such person.
Interest of Contractor. It is understood and agreed that this agreement is not a contract of employment in the sense
that the relation of master and servant exists between City and undersigned.At all times Contractor shall be deemed to
be an independent contractor and Contractor is not authorized to bind the City to any contracts or other obligations in
executing this agreement Contractor certifies that no one who has or will have any financial interest under this
agreement is an officer or employee of City.
Changes. This agreement shall not be assigned or transferred without the written consent of the City. No changes or
variations of any kind are authorized without the written consent of the City.
-y. '1 ",-, @,,-flrfl toy AGElsaa W It p.Lnd Sour l' Acts um V'Zdb'pt4OWir Co,t,.'t'nr4'rre'O 5/2/5
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CONTRACT CO-ORDINATOR and representative for CITY shall be:
NAME Robert Cowan DEPARTMENT Community Development
This Agreement shall become effective upon its execution by CITY, in witness thereof, the parties have executed this
Agreement the day and year first written above.
CONTRACTOR: CITY OF CUPERTINO/;
By �iy P,. lzn �a
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EXHIBIT A
CITY OF CUPERTINO
STEVENS CREEK BOULEVARD IMPROVEMENTS
PRELIMINARY DESIGN CONCEPT PHASE - ADDENDUM
Scope of Services
(Rev. 4/25/91)
Description: Conduct follow-up analysis regarding technical aspects and land use
and development implications of the Grand Boulevard concept. Prepare
presentation materials as necessary to communicate findings and recommendations
to City Staff and the City Council.
Task 8: Traffic Turning Movements and Capacity Analysis.
Meet with City staff (#1) and traffic consultant to discuss configuration of
preliminary design concept and assumptions for traffic modeling/intersection
analysis (comparison of current street configuration and existing use to
proposed configuration and existing use).
Task 9: Cost Estimate. Assist City staff with cost estimate:
a. Coordinate as necessary (phone and FAX).
b. Provide staff with preliminary cost estimate for design improvements (i.e.
excluding utilities and roadway); new curbing, lights, planting, and
allowance for special design features at De Anza intersection.
Task 10: Develop a Comprehensive Vision for the Revitalization of the Stevens
Creek Boulevard Corridor that Corresponds to the Goals Established by the
Goals Committee.
a. Develop land use and urban design concept in keeping with the Grand
Boulevard idea. Prepare slide show to illustrate scale, intensity and urban
design aspects of revitalization concept.
b. Prepare annotated Land Use Strategy diagram (at 1"=200') indicating patterns
of preferred change in keeping with the Grand Boulevard concept; reformat
existing 1"=100' aerial photographs to create base map.
c. Prepare Concept Sketch illustrating the role of Stevens Creek Boulevard
within the overall development pattern of Cupertino.
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Stevens Creek Boulevard
Scope of Services Addendum, (Rev. 4/25/91)
Page 2
d. Prepare Concept Sketch illustrating the potential role of the
Crossroads/Town Center Area within the overall revitalization concept.
e. Revise Existing/Future Conditions sketch to indicate iterim development
condition; i.e. new streetfront development adjacent to older setback
development with surface parking in front.
Task 11: City Council and Planning Commission Presentation - Joint Study
Session. (already budgeted; replaces previous Task 8 per Exhibit A, Rev. 4/8/91)
Staffing & Budget
Staffing: Michael Freedman will be the Principal-in Charge and will supervise all
aspects of the project. Mr. Freedman will collaborate with Terence Bottomley on
all development planning aspects of the project. Daily project management and cost
estimating will be carried out by Jean Shaffeld, a Principal with the firm
specializing in construction phase services. Drafting, graphics, technical writing
and administrative support staff are all professional staff trained in the appropriate
disciplines, and typically participate in projects of this type in the proportions
indicated below.
Terms: This is a time and materials project with a guaranteed maximum fee for
the completion of all tasks detailed in the Scope of Services. The separate budgets
displayed on the spreadsheet for individual tasks are estimates only, and are
provided to indicate the relative proportion of the budgeted resources that each of
the separate tasks are likely to require.
Subconsultants: Hans Korve.
Budget Summary:
Total - Professional Services: $11,560
Database & Project Administration: $ 1,156
Miscellaneous Project Expenses: $ 924
TOTAL PROJECT BUDGET NOT TO EXCEED: $13,640
Additions to Scope of Services Q TIME &
MATERIALS
■
!City of Cupertino I I I I I I
!Stevens Creek Blvd. Improvements 1 I 1 1 I
]Preliminary Design Concept !Principal 'Principal !Associate !Draftsman [Total Total I
'Additional Services IHRS $130 WS $105 IHRS $70 IHRS $50 (HHS PTB $ I
I I I I I I I
1 TASK 1 I 1 I I !
I 8 Traffic movements/capac. anal.] 8 $1,040 10 $0 10 $0 1 0 $0 I 8 $1,040 I
I 9 Cost Estimate 1 0 $0 1 24 $2,520 10 $0 10 $0 1 24 $2,520
I 10 Land Use/Urban Design Concepts' 37 $4,810 1 0 $0 134 - $2,380 117 $850 1 88 $8,040 I
} 11 Council/Ping Comm Presentation! 0 $0 10 $0 10 $0 10 $0 I 0 $0
1 4 I I I I I
1 Sub-total 145 $5,050 124 $2,520 4 34 $2,300 1 L7 $850 1120 $11,600 I
1 I I I 4 I I
I GRANDTOTALS1 45 $5,850 1 24 $2,520 134 $2,380 117 $850 4 120 $11,600 I
.. Total Professional Services $11,600
Database and Administration $1,160
Project Expenses $880
TOTAL PROJECT BUDGET $13,640