03-21-2017 Searchable packetCITY OF CUPERTINO
AGENDA
Tuesday, March 21, 2017
10300 Torre Avenue and 10350 Torre Avenue
CITY COUNCIL
4:30 PM
Non-televised Special Meeting Closed Session (4:30) and Commission Interviews (5:00); Followed
by Televised Regular Meeting (6:45)
NOTICE AND CALL FOR A SPECIAL MEETING OF THE CUPERTINO CITY
COUNCIL
NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City
Council is hereby called for Tuesday, March 21, 2017, commencing at 4:30 p.m. in
City Hall Conference Room A, 10300 Torre Avenue, Cupertino, California 95014.
Said special meeting shall be for the purpose of conducting business on the subject
matters listed below under the heading, “Special Meeting." The regular meeting
items will be heard at 6:45 p.m. in Community Hall Council Chamber, 10350 Torre
Avenue, Cupertino, California.
SPECIAL MEETING
ROLL CALL - 4:30 PM
City Hall Conference Room A, 10300 Torre Avenue
CLOSED SESSION
1.Subject: Conference with Legal Counsel- Existing litigation (Subdivision (a) of
Gov’t Code Section 54956.9); Name of Claimant: Gilbert Rosales; Claim No.:
CPAB-547252
COMMISSION INTERVIEWS - 5:00 PM
City Hall Conference Room A, 10300 Torre Avenue
Page 1 CITY OF CUPERTINO
1
March 21, 2017City Council AGENDA
2.Subject: Parks and Recreation Commission interviews
Recommended Action: Conduct Parks and Recreation Commission interviews and
make appointment for one unscheduled vacancy
A - Interview Schedule
B - Commission Diversity Resolution
C - Advisory Commissions Resolution
D - Parks and Rec Questions
E - Parks and Rec Applications
F - Commission Attendance Report
G - Current Commission List
ADJOURNMENT
REGULAR MEETING
PLEDGE OF ALLEGIANCE - 6:45 PM
Community Hall, 10350 Torre Avenue
ROLL CALL
CEREMONIAL MATTERS AND PRESENTATIONS
1.Subject: Presentation from the Santa Clara Valley Water District regarding the
Groundwater Rates Process
Recommended Action: Receive presentation from the Santa Clara Valley Water
District regarding the Groundwater Rates Process
POSTPONEMENTS
ORAL COMMUNICATIONS
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.
Page 2 CITY OF CUPERTINO
2
March 21, 2017City Council AGENDA
2.Subject: Approve the February 26 Special Meeting City Council minutes
Recommended Action: Approve the February 26 Special Meeting City Council
minutes
A - Draft Minutes
3.Subject: Approve the March 7 City Council minutes
Recommended Action: Approve the March 7 City Council minutes
A - Draft Minutes
4.Subject: Appointment of City of Cupertino representative to the Santa Clara
Valley Transportation Authority (VTA) Bicycle & Pedestrian Advisory
Committee (BPAC)
Recommended Action: Accept the Bicycle Pedestrian Commission (BPC)
recommendation to appoint Erik Lindskog to the VTA BPAC for the two-year term
that ends June 30, 2018
Staff Report
5.Subject: Agreement between the City of Cupertino and Pavement Engineering,
Inc. for consultant services on various street and concrete improvement projects
Recommended Action: Approve an Agreement between the City of Cupertino and
Pavement Engineering, Inc. (PEI) in the amount not to exceed $474,250 from the
date of execution through June 30, 2018, and authorize the Director of Public Works
to negotiate and execute all necessary documents to carry out all consultant services
for the various street and concrete improvement projects
Staff Report
A - Draft Master Agreement
6.Subject: Report on Bids and Award a Contract for 2017 Memorial Park Courts
Resurfacing Project (Project No. 2017-13)
Recommended Action: 1. Award a construction contract to the sole bidder, Vintage
Construction, Inc., in the amount of Two Hundred Forty-Eight Thousand Seven
Hundred Dollars ($248,700); and
2. Authorize a construction contingency budget of Twenty-Four Thousand Eight
Hundred Dollars ($24,800), which is approximately 10% of the construction contract
amount, to address unforeseen conditions during construction.
Staff Report
Page 3 CITY OF CUPERTINO
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March 21, 2017City Council AGENDA
7.Subject: 2017 Pavement Maintenance Project - Phase 2, Project No. 2017-110
Recommended Action: Authorize the City Manager to award a contract to Telfer
Pavement Technologies, in the amount of $490,247.65 and approve a construction
contingency of $50,000, for a total of $540,247.65
Staff Report
A - Street List
B - Draft Contract
8.Subject: Report on bids and Award a Construction Contract for City Hall Turf
Reduction Project, (No. 2017-03)
Recommended Action: 1.Award a construction contract to the low bidder, Scapes,
Inc., in the amount of Two Hundred Twenty-Three Thousand Dollars ($223,000);
and
2.Authorize a construction contingency budget of 10% of the construction contract
amount, Twenty-Two Thousand Three Hundred Dollars ($22,300), to address
unforeseen conditions during construction.
Staff Report
SECOND READING OF ORDINANCES
PUBLIC HEARINGS
ORDINANCES AND ACTION ITEMS
9.Subject: Consideration of the City Council summer meeting schedule and
cancellation of meeting(s)
Recommended Action: Consider the City Council summer meeting schedule and
cancel meeting(s) or provide direction to staff
Staff Report
REPORTS BY COUNCIL AND STAFF
10.Subject: Report on Committee assignments and general comments
Recommended Action: Report on Committee assignments and general comments
ADJOURNMENT
11.Subject: Adourn the meeting in memory of Tommy Shwe and Rudy Gottwald
Page 4 CITY OF CUPERTINO
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March 21, 2017City 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 5 CITY OF CUPERTINO
5
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:117-2401 Name:
Status:Type:Closed Session Agenda Ready
File created:In control:3/1/2017 City Council
On agenda:Final action:3/21/2017
Title:Subject: Conference with Legal Counsel- Existing litigation (Subdivision (a) of Gov’t Code Section
54956.9); Name of Claimant: Gilbert Rosales; Claim No.: CPAB-547252
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
Subject: Conference with Legal Counsel- Existing litigation (Subdivision (a) of Gov’t Code
Section 54956.9); Name of Claimant: Gilbert Rosales; Claim No.: CPAB-547252
CITY OF CUPERTINO Printed on 3/15/2017Page 1 of 1
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:117-2372 Name:
Status:Type:Commissions Interviews Agenda Ready
File created:In control:2/14/2017 City Council
On agenda:Final action:3/21/2017
Title:Subject: Parks and Recreation Commission interviews
Sponsors:
Indexes:
Code sections:
Attachments:A - Interview Schedule
B - Commission Diversity Resolution
C - Advisory Commissions Resolution
D - Parks and Rec Questions
E - Parks and Rec Applications
F - Commission Attendance Report
G - Current Commission List
Action ByDate Action ResultVer.
City Council3/21/20171
Subject: Parks and Recreation Commission interviews
ConductParksandRecreationCommissioninterviewsandmakeappointmentforone
unscheduled vacancy
CITY OF CUPERTINO Printed on 3/15/2017Page 1 of 1
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COMMISSION INTERVIEW SCHEDULE rev 3/14/17
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Residency requirement for all five
members
Time No.Name Notes:
5:00 1 Parth Bharwad
5:06 2 Catherine (Kitty) Moore
5:12 3 Tony Fong
5:18 4 Jayanthi Srinivasan
5:24 5 Sreekanth (Sree) Bhaskar
5:30 6 Shirish Seetharam
5:36 7 Ashley Nance
5:42 8 Gauri Guleria
5:48 9 Lindsey Gauci
5:54 10 Lauv Aeron
6:00 11 Alicia Schober
6:06 12 Yvonne Chao
6:12 13 Meenakshi Biyani
6:18 Vote for 1 partial term ending 1/30/19
Tuesday, March 21, 2017
PARKS AND RECREATION COMMISSION
8
RESOLUTION NO. 03-203
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ESTABLISHING A POLICY EMBRACING THE CITY’S DEMOGRAPHIC DIVERSITY
(ADVISORY COMMISSONS AND COMMITTEES)
WHEREAS, the City intends to provide efficient, effective and equitable governmental
services to all of Cupertino, and
WHEREAS, respect for all cultures, and other demographic differences is the foundation
of Cupertino’s future, and
WHEREAS Cupertino’s residents are its most important resource, their cultural and
economic diversity provides the living fabric that binds Cupertino together, and
WHEREAS, the involvement and commitment of the entire Cupertino community
produces a better quality of life with residents and city government working in partnership, and
WHEREAS, it is vital in maintaining a high performing, productive city government in
which each resident and each city employee is valued for his or her unique gifts and talents, that
the city capitalize on the innovation inherent within the community and within city government,
and
WHEREAS, the City of Cupertino recognize that diversity includes culture, gender, age
and other important demographic differences within the City and that valuing each diversity is
fundamental in the way the City provides services to its residents, and
WHEREAS, the City believes that diverse city commissions and committees provide
advantages offered by a variety of diverse perspectives and in increasing the City’s ability to
serve its diverse population.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
I. Commissions and Committees
A. To foster comprehensive representation within advisory commissions and
committees, it would be advantageous for new members to represent the
community by such factors as culture, gender, age, and location of residency
within the city.
B. In the conduct of their business, commission and committee members shall
pursue the benefit of a variety of perspectives in making decisions.
C. Commissions and committees increase the city’s potential, effectiveness and
creativity as an organization by offering a wide range of approaches and
perspectives to addressing issues and solving problems.
9
Resolution No. 03-203
2
II. Other means of communicating this policy to the general public
The City of Cupertino’s embracing of diversity will also be communicated and
reflected through such means as festivals and events, recreation and education
programs, public art, city publications and media programming.
III. Dissemination and enforcement of this policy
This policy shall be incorporated into the following:
1) All notices seeking commission and committee applications;
2) Shall be adopted by the City Manager as an administrative procedure,
who shall be responsible for the implementation of this policy. From
time to time, the City Manager will report the status of such
implementation to the City Council;
3) Shall be posted at both the City Clerk’s Office and at the City’s
Department of Human Resources.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 3rd day of November 2003, by the following vote:
Vote Members of the City Council
AYES: Chang, James, Lowenthal, Kwok, Sandoval
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
/s/ Kimberly Smith /s/ Michael Chang
______________________ _______________________
City Clerk Mayor, City of Cupertino
10
RESOLUTION NO. 16-137
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
RESCINDING RESOLUTION NO. 10-048 AND AMENDING THE
RESOLUTION ESTABLISHING RULES GOVERNING RECRUITMENT,
ATTENDANCE, APPOINTMENTS, AND VACANCIES ON CITY ADVISORY
BODIES TO ADD DESIGNATED ALTERNATES TO THE INTERVIEWS AND
APPOINTMENTS PROCESS
WHEREAS, the City of Cupertino wishes to establish uniform terms and
conditions of office for advisory commissions; and
WHEREAS, there are within the City of Cupertino many citizens with talent,
expertise and experience who wish to serve the community; and
WHEREAS, the City Council believes it is important to provide these citizens
the opportunity to contribute to their community;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Cupertino rescinds Resolution No. 10-048 and establishes the following rules
governing recruitment, appointment and reappointment to City of Cupertino
Advisory bodies.
A. RECRUITMENT
1. Two months before regular terms expire, or immediately following
receipt of a resignation, the City Clerk distributes the vacancy notice as
follows:
• The Cupertino Scene
• The Cupertino Courier
• The World Journal
• The Cupertino City Channel
• City Hall bulletin board
• The City Clerk’s Office
• The Cupertino Library
• The Cupertino Chamber of Commerce
• Cupertino City Web site
• Other organizations as appropriate with respect to the openings
• All persons with applications on file for that particular commission
11
Resolution No. 16-137
Page 2
2. Two months before regular terms expire, the City Clerk’s Office also
mails the vacancy notice to the following individuals:
• Students and graduates of Cupertino Emergency Response
Training
• Students or graduates of Leadership Cupertino
• Neighborhood Block Leaders
• Individuals who have signed up for notification at the Cupertino
Town Hall meetings.
3. All vacancy notices and posting shall be done in accordance with the
provisions of the Maddy Act, California Government Code 54970.
Specifically, vacancy notices shall be posted for a minimum of 10 days.
4. Applications will be retained for a maximum of one year after Council
review. After that time, applicants shall submit a new application if
they wish to remain on the list for consideration.
5. Those persons with applications on file within one year of Council
review are advised of the vacancy by the City Clerk and may activate
that application. Upon receipt of the vacancy notice, the applicant
must contact the City Clerk’s Office and ask that the application be
reactivated.
6. An applicant may file for a maximum of two commissions at any one
application period.
7. A member of an advisory body, having completed two consecutive
terms, must wait two years after the term would have normally ended
before being eligible to apply for the same commission or committee.
8. Application forms will be available in the City Clerk’s Office and will
be mailed upon request with information about the opening(s).
Application forms will also be available on the City’s Web site.
9. No application shall be accepted after the deadline.
10. When the final deadline has passed, the City Clerk’s Office will mail
applicants the date, time and location of the interviews along with
sample questions to consider.
12
Resolution No. 16-137
Page 3
11. The City Clerk’s Office will copy the applicants’ written material for
Council members. The written material will also be available for
public review in the City Clerk’s Office.
12. An applicant who is unable to attend the interview may submit a 5-
minute video presentation in advance of the interview meeting. The
tape will be reviewed at the meeting. The video will be made by City
staff at the applicant’s request upon the approval of the City Clerk.
The City will fund these costs.
B. INTERVIEWS AND APPOINTMENTS
1. When Council meets to conduct interviews, it is a public meeting
subject to the Brown Act and therefore open to the public. The
candidates will be asked by the City Clerk (either in person or by
written instructions left in the waiting area) to remain seated in the
waiting area until they are called in for the interview. Candidates will
also be asked to return to the waiting area until the announcement of
the vote, or to go home and contact the City Clerk’s Office the next day
regarding the results. However, all applicants and members of the
public have the option of remaining in the room for any or all of the
meeting.
2. The order in which interviews are scheduled to take place will be
determined by a drawing of names. The City Clerk will do this in
advance.
3. Interviews are informal and usually last 5-8 minutes. Council
members are looking for:
• Familiarity with the subject
• Decision-making ability
• Commitment to the position for which they have applied
4. Appointments will be made following a vote in public. Ballots will be
distributed, and Council members will vote and sign the ballots. The
City Clerk will announce the votes.
13
Resolution No. 16-137
Page 4
5. The City Council may appoint alternates to serve on boards,
commissions and committees in the event of a vacancy. Such
alternates may attend and participate in meetings of the board,
commission, or committee but shall not vote in such meetings
until such time as a vacancy has occurred and the alternate has filled
such vacancy. If the City Council appoints more than one alternate
for a particular board, commission or committee, the City Council
shall designate the alternates as first alternate, second alternate
and so on such that immediately upon a vacancy occurring in a
board, commission, or committee, the first alternate shall fill such
vacancy without the need for further City Council action.
C. UNSCHEDULED VACANCIES AND ATTENDANCE
1. If a vacancy occurs for an unexpired term and interviews for
appointment to that advisory body have been conducted within the
previous ninety days, the unexpired term may be filled from those
applications following the required posting of the vacancy.
2. The notice of unscheduled vacancy shall be posted no earlier than 20
days before nor later than 20 days after the vacancy occurs, and at least
10 working days before appointment. The notice of unscheduled
vacancy must be posted in the Office of the City Clerk, at the City Hall
bulletin board, at the Cupertino Library, and in other places
designated by the City Clerk.
3. A member shall be considered removed from an advisory body under
the following conditions.
• A member misses more than three consecutive meetings
• A member misses more than 25% of the advisory body’s meetings
in a calendar year
4. It is the responsibility of the advisory body’s staff liaison to notify the
City Clerk of a member’s attendance record to allow sufficient time to
send a warning notice if the member has missed three consecutive
meetings or 25% of the meetings, and to send a termination notice if
the member has missed more three consecutive meetings or more than
25% of the meetings in a calendar year.
14
Resolution No. 16-137
Page 5
5. A member who has been removed from an advisory body for
inadequate attendance may request a waiver of this provision by
submitting a letter to the City Council setting forth the reason for the
absences and confirming future availability.
D. GENERAL PROVISIONS
1. Term limit restrictions listed in this resolution do not apply to
temporary appointments for unexpired terms.
2. All provisions of this resolution shall apply unless otherwise decided
by the City Council on a case-by-case basis.
3. In the event that any provision of this resolution conflicts with the
provisions of any other ordinance or resolution governing a particular
advisory body, the provisions governing that advisory body shall
prevail.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 20th day of December, 2016, by the following vote:
Vote Members of the City Council
AYES: Vaidhyanathan, Chang, Scharf, Sinks
NOES: None
ABSENT: Paul
ABSTAIN: None
ATTEST: APPROVED:
/s/ Grace Schmidt /s/ Savita Vaidhyanathan
_________________________ ___________________________
Grace Schmidt, City Clerk Savita Vaidhyanathan, Mayor,
City of Cupertino
15
QUESTIONS FOR PARKS AND RECREATION COMMISSION
APPLICANTS
1. Have you attended a meeting of the Parks and Recreation
Commission in the last three months?
2. Why do you want to be a Parks and Recreation Commissioner?
3. The Parks and Recreation Commission is advisory to the City
Council on matters pertaining to Parks and Recreation. The
Commission often takes public comment and considers the input in
formulating recommendations to the Council. Have you ever served
in a similar capacity? If so, what is the most important lesson you
learned from the experience?
4. Based upon your knowledge of the Cupertino parks system, which
facility do you feel is most under utilized or which type of recreation
facility do you feel is lacking in the community?
5. What is your philosophy regarding government’s role in providing
and maintaining parks, open space and recreation facilities and
programs?
6. If you could accomplish one thing next year on this commission,
what would it be?
The Parks and Recreation Commission is subject to the Political
Reform Act and members are required to submit Statements of
Economic Interest upon appointment and annually thereafter.
16
Applications are available in the City Clerk’s Office 408-777-3223.
17
sp = special meeting (does not count towards regular attendance)
2017 COMMISSION ATTENDANCE REPORT
Parks & Rec Commission Jan Feb Mar Apr May Jun Jul AugSept Oct Nov Dec Total
Regular
Meeting
Absences
Regular
Meetings
Scheduled
Absence
Percentage
%
Carol Stanek PP 0 120%
vacant *0 120%
Helene Davis PP 0 120%
Judy Wilson PP 0 12 0%
Neesha Tambe PP 0 120%
Meet 1st Thursday 7:00 pm Community Hall. Staff Liaison is Jeff Milkes
*appointed in March
P
P
P
P
18
19
Teen Commission
Please enter your attendance directly into this log or email cityclerk@cupertino.org
Commission attendance requirements were established by Council resolution. A commissioner shall be considered removed from an advisory
body under the following conditions:1. The commissioner misses more than 25% of the scheduled meetings in a calendar year
2. The commissioner misses more than 3 scheduled consecutive meetings
It is the staff liaison’s responsibility to notify the City Clerk promptly so a written warning can be issued before either of these events occur,
or a termination notice if necessary. Please note, there are no exceptions, and there are no “excused absences.”
Please update your commission’s attendance roster immediately after each meeting, or at the end of each month, whichever comes first.
SAMPLE ATTENDANCE REPORT A =absence for a special meeting and does not count toward regular meeting absence percentage
A1 =first absence, A2 = second absence, A3 = third absence, A4 = fourth absence
NQ =no quorum (also note commissioners absent and present: i.e. NQA1, NQP)
P =present
sp =special meeting
T1 =first tardy, T2 = second tardy, T3 = third tardy, T4 = fourth T5
X =no meeting scheduled or meeting cancelled in advance
Commission
Name
Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec Total
Regular
MeetingsA
bsences
Regular
Meetings
Scheduled
Absence
Percentage
%
Austin, Ann P A1 P A2 A3*P P X P 3 12 25%
Brown, Brad P P P P P P P X P 0 12 0%
Cooper, Carol P P P P P P P X P 0 12 0%
Denton,
Dennis
P P A1 P P P P X P 1 12 8%
Evans, Eric *P P P P P P X P 0 12 0%
*Clerk was asked to send warning letter to Ann Austin on May 23
*Eric Evans was appointed to the commission in February
This sample was filled out as of the end of September, and represents a group that meets 12 times a year. Ann Austin was absent 3 times, and
then the liaison notified the Clerk to issue a warning letter.
20
CURRENT COMMISSION LIST
PARKS AND RECREATION COMMISSION
Helene Davis, Chair First term ending 1/30/20
Neesha Tambe, Vice Chair First term ending 1/30/18
Vacant Partial term ending 1/30/19
Carol Stanek First term ending 1/30/19
Judy Wilson Second term ending 1/30/20
21
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:117-2397 Name:
Status:Type:Ceremonial Matters &
Presentations
Agenda Ready
File created:In control:2/28/2017 City Council
On agenda:Final action:3/21/2017
Title:Subject: Presentation from the Santa Clara Valley Water District regarding the Groundwater Rates
Process
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
City Council3/21/20171
Subject:PresentationfromtheSantaClaraValleyWaterDistrictregardingtheGroundwater
Rates Process
ReceivepresentationfromtheSantaClaraValleyWaterDistrictregardingtheGroundwater
Rates Process
CITY OF CUPERTINO Printed on 3/15/2017Page 1 of 1
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:117-2393 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:2/27/2017 City Council
On agenda:Final action:3/21/2017
Title:Subject: Approve the February 26 Special Meeting City Council minutes
Sponsors:
Indexes:
Code sections:
Attachments:A - Draft Minutes
Action ByDate Action ResultVer.
City Council3/21/20171
Subject: Approve the February 26 Special Meeting City Council minutes
Approve the February 26 Special Meeting City Council minutes
CITY OF CUPERTINO Printed on 3/15/2017Page 1 of 1
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DRAFT MINUTES
CUPERTINO CITY COUNCIL
Sunday, February 26, 2017
SPECIAL CITY COUNCIL MEETING
1. ROLL CALL
At 8:07 a.m. Mayor Savita Vaidhyanathan called the Special City Council meeting to
order in the Aloft Hotel, Tactic I Room, 10165 N De Anza Boulevard.
Present: Mayor Savita Vaidhyanathan, Vice Mayor Darcy Paul, and Councilmembers
Barry Chang, Steven Scharf, and Rod Sinks.
2. MAYOR'S OPENING REMARKS
Mayor Vaidhyanathan explained that the primary focus of the meeting was for Council
to set goals for the year and introduced the workshop facilitator Minh Le, President of
The Wilfred Jarvis Institute.
3. GOAL SETTING
Mayor Vaidhyanathan opened public comment and the following individuals spoke.
Joe Katz talked about the City’s initiative on firearm safety and draft ordinance, and
was concerned about staff research and the preemption of state law.
Dave Truslow, on behalf of the Pink Pistols, talked about gun safety and the potential
impacts of a firearm safety ordinance, and his current public records act requests with
the City (distributed written comments).
David Fung, speaking as a resident and not as a Planning Commissioner, talked about
seeking common ground and compromise, and managing growth and traffic in the
future.
Alan Takahashi, speaking as a resident and not as a Planning Commissioner, talked
about community division over Vallco and working towards a solution with
24
City Council MINUTES February 26, 2017
2
stakeholders to reach a majority compromise.
Geoff Paulson, speaking as a resident and not as a Planning Commissioner, talked
about measurable progress on the Vallco Specific Plan, the land purchase for the
Stevens Creek Trail, and planting trees at developer’s expense.
Jennifer Griffin talked about the evolution of Main Street, a lack of retail and gas station
locations in Cupertino, and the Stocklmeir house as a history house.
Lisa Warren talked about public involvement and a system of getting community input,
and regional communication with neighboring cities.
Mayor Vaidhyanathan closed public comment. She explained that the annual Council
retreat was being held in a smaller space in order to create a less formal atmosphere
and because the prior year’s location in the City Hall EOC was not available.
Minh Le led the goal setting process and asked each Councilmember to talk about the
top three items each would like to see accomplished this year on the City Council.
Vice Mayor Paul talked about: 1. Building Lawrence-Mitty Park in Rancho Rinconada
by the end of 2018; 2. Affordable housing, not including Market Rate Housing, how to
position Cupertino as a community with incentives to make units owner occupied and
pushing back on inclusionary zoning; 3. Creating a Technology Innovation Space,
including incubator start-up space and opportunities for Main Street.
Councilmember Chang talked about: 1. Lehigh pollution and emissions issues; 2. Traffic
congestion on the roads; 3. Climate change issues that are not covered in the Silicon
Valley Clean Energy (SVCE) program and which are tied into numbers 1 & 2.
Councilmember Sinks talked about: 1. Fixing Mobility: a. Working for Measure B
funding, including a Highway 280/Wolfe Road interchange and transportation on
Highway 85, and equitable funding for walkways and bikeways for the Bike Plan
implementation; b. Consideration of dedicated staffing to manage transit and mobility,
including seeking new revenue sources and continuing discussions with neighboring
cities for a potential 2018 ballot measure; c. Organized carpooling by means of a
dedicated line for on-demand rides to schools by partnering with the school districts,
not including Uber or Lyft; 2. Affordable housing, including Market Rate Housing by
collecting BMR fees to apply to development or by incorporating fees via inclusionary
housing inside a project; 3. Driving a process on Vallco which would be commissioned
by the City Manager and extended to Measure C and D group advocates and retail
25
City Council MINUTES February 26, 2017
3
specialists tasked to bring back a set of recommendations.
Councilmember Scharf talked about: 1. BMR for-sale housing to help schools and parcel
taxes and to build community, including low-income mixed with market rate and
owner occupied for-sale; 2. Distributing the housing and office space throughout the
City to share the additional traffic and congestion; 3. Office hours for Councilmembers
to resolve concerns outside of the meetings and to lessen long hours on Oral
Communications at meetings.
Mayor Vaidhyanathan talked about: 1. Encouraging the youth community with an
innovation hub/incubator space; 2. Affordable housing/BMR focusing on senior housing
with a transit-oriented development option, including inclusionary housing transit-
oriented and encouraging bus routes; 3. Regional and domestic transportation with the
West Valley cities, a senior mobility pilot project with an on-demand rideshare for
seniors who can't drive and use lessons learned for a youth rideshare project.
Councilmembers talked in more detail about transportation, including: current Santa
Clara Valley Transportation Authority (VTA) services, upcoming changes with Measure
B; positioning with Cupertino Union School District (CUSD) on a school-based
rideshare on-demand system, the City providing leadership to the schools for such a
platform, researching the cost through a Joint Venture grant, checking with VTA and
School Tripper transit system, looking at existing platforms for drivers and partnering
with the schools on an organizational system with carpooling.
The Council recessed at 10:00 a.m. and reconvened at 10:20 a.m.
The Mayor announced a meeting stop time of 12:00 pm. and Minh Le continued the
discussion regarding areas of common interest. Councilmembers indicated by
checkmark support for the other member’s listed goals:
Councilmember Barry Chang’s goals:
1. Lehigh Pollution (3 checkmarks)
2. Traffic Congestion
3. Climate Change (3 checkmarks)
Councilmember Rod Sinks’ goals:
1. Fixing Mobility (2 checkmarks)
2. Affordable Housing and Below Market Rate (BMR) Housing (3 checkmarks)
26
City Council MINUTES February 26, 2017
4
3. Process to address Vallco
Councilmember Steven Scharf’s goals:
1. BMR for-Sale Housing (2 checkmarks)
2. Distribution of Housing and Office Space (2 checkmarks)
3. Office Hours for Councilmembers
Vice Mayor Darcy Paul’s goals:
1. Lawrence-Mitty Park (1 checkmark)
2. Affordable Housing (2 checkmarks)
3. Technology Innovation Space (1 checkmark)
Mayor Savita Vaidhyanathan’s goals:
1. Teen Community and Incubation (3 checkmarks)
2. Senior and Multigenerational Housing and Transit (1 checkmark)
3. Regional and Local Transportation (Rideshare Option) (1 checkmark)
Minh Le reviewed the common goals and noted that there was overall support to
address the following interrelated themes:
1.) Housing and BMR housing
2.) Transportation solutions and fixing mobility
3.) Technology innovation and providing a teen incubation space
Council also discussed the non-supported topics of open office hours and open
calendars and continuing the conversation on Vallco. The discussion regarding Vallco
included: requiring an open waiting period for applicants, studying the traffic patterns
of the Apple Campus 2, wholistically looking at the City verses Vallco-specific,
studying changing retail and innovation on how people interact, community
involvement on elements at the beginning of the process for Cupertino in the future,
opportunity to approach the several areas of civic, housing, traffic, and economy,
looking at the pieces from the ground-up and then figuring out a budget, having
conversations with the community in City-coordinated workshops prior to any
proposal, researching other cities who made their failing malls a success.
Minh Le summarized the significant themes to provide staff direction.
27
City Council MINUTES February 26, 2017
5
Mayor Vaidhyanathan noted that Lawrence-Mitty Park was already in progress and
climate change was already being discussed through the City’s Climate Action Plan
(CAP) and Silicon Valley Clean Energy (SVCE).
Council agreed on the following items to be added to the Work Program
1. Housing/BMR
2. Transportation/mobility
3. Technological innovation/incubation
4. City-sponsored Vallco Citizens’ Advisory Task Force to conduct televised public
workshops with experts’ participation and researching other cities that have
successfully transformed failing malls.
4. COMMUNICATION DISCUSSION
Minh Le explained the purpose of the communication discussion was to identify
guiding principles on how Councilmembers communicate with one another and
work together as a Council.
Paul moved and Chang seconded to forego hearing Item No. 4 and not bring it back
to a future meeting, and Minh Le will deliver any insights or communication
improvement suggestions based on what he observed at the workshop in a written
memo to the Council. The motion carried unanimously.
5. ORAL COMMUNICATIONS
The following individuals spoke on this item:
Dave Truslow talked about stopping the gun control matter, addressing the public with
free public safety classes not involving guns, using hornet spray as an alternative self-
defense measure and the current City ordinance permit requirement for air-guns
(distributed wasp and hornet spray cans).
Joan Chin, on behalf of Better Cupertino, talked about listening to residents and
building trust, higher level discussions other than Vallco on the City’s civic space, office
space, and transportation solutions and excluding developers and stakeholders in an
advisory committee.
Yuwen Su, on behalf of Better Cupertino, talked about having clearer information on
City development projects, including listing the number of bedrooms and the number
28
City Council MINUTES February 26, 2017
6
of parking spaces in the project summary.
Caryl Gorska talked about Councilmember emails with developers, building trust and
transparency, and communication between Councilmembers during meetings. She
asked for more buses and roadside trees with setbacks.
Jennifer Griffin talked about adding trees and setbacks and respecting the right-of-
ways, urban “villagizing” of frontages alongside San Jose and a task force to examine
development in these areas, and the future of Apple land leases after Apple Campus 2
completion.
Council followed up with staff regarding comments made from the public:
Staff would follow up on the San Jose proposal timeline of the gas station re-
development on Stern Avenue and Stevens Creek Boulevard.
Liana Crabtree talked about concern over the meeting outreach, venue and
broadcasting. She talked about the VTA redesign and increasing bus stops for students
and commuters and around highly dense residential areas.
Phyllis Dickstein talked about respecting public input, conducting open and public
meetings with publicly selected experts, focusing on total office allocation and not just
Vallco and looking at growth beyond Silicon Valley.
Pamela Hershey talked about Vallco’s history, excluding developers from an advisory
committee for transparency and honesty and information presented on the mailers.
Lisa Warren talked about information presented on the mailers, developer neutrality on
a task force, assurances in further discussions and possibilities for Vallco, the General
Plan Amendment process and clarity on the recent ballot measure.
6. ADJOURNMENT
At 12:00 p.m., Mayor Vaidhyanathan adjourned the meeting.
_______________________________
Kirsten Squarcia, Deputy City Clerk
29
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:116-1949 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:9/1/2016 City Council
On agenda:Final action:3/21/2017
Title:Subject: Approve the March 7 City Council minutes
Sponsors:
Indexes:
Code sections:
Attachments:A - Draft Minutes
Action ByDate Action ResultVer.
City Council3/21/20171
Subject: Approve the March 7 City Council minutes
Approve the March 7 City Council minutes
CITY OF CUPERTINO Printed on 3/15/2017Page 1 of 1
powered by Legistar™30
DRAFT MINUTES
CUPERTINO CITY COUNCIL
Tuesday, March 7, 2017
SPECIAL CITY COUNCIL MEETING
ROLL CALL
At 5:35 p.m. Mayor Savita Vaidhyanathan called the Special City Council meeting to order in
Cupertino Community Hall Council Chambers, 10350 Torre Avenue.
Present: Mayor Savita Vaidhyanathan, Vice Mayor Darcy Paul, and Councilmembers Barry
Chang (6:25 p.m.), Steven Scharf and Rod Sinks. Absent: None.
STUDY SESSION
1. Subject: City Work Program for fiscal year 2017-2018
Recommended Action: Review and provide direction on the fiscal year 2017-2018 City
Work Program
Written communications for this item included emails to Council.
City Manager David Brandt introduced the Work Program document and the new
format structure.
Staff answered questions from Council regarding the Work Program and Council
asked staff to follow-up the following items:
Teen Incubator Program in Work Program should say on-going
Godbe questions should be more general (Council to see questions ahead of time)
Bring back ordinance requiring artwork in public and private developments to
include fine for violation of Conditions of Approval
Park Master Plan Community outreach
Tour EOC Service Center Annex with members of Disaster Council
Look into an “Open House” for Lawrence-Mitty Park site for neighbors
Look again at Peak Democracy
31
City Council Minutes March 7, 2017
2
Ask Public Safety Commission to look at issue of asking commercial gun sellers to
secure their guns
Ask Parks and Recreation Commission to be involved in assessment of Lawrence-
Mitty Park site
Look at more ambitious plan to refurbish City Hall and allow more community
space like a theater
Transit plan - Engage with other cities regarding a ballot measure regarding traffic
Create a ride sharing network for school kids, find out interest from schools, work
in parallel with what VTA is doing
High speed fiber services and staff find out status of Comcast and AT&T in
Cupertino
Add Civic Center Plan to Work Program, look into solar tiling roofs and separate
Library expansion from Civic Center Plan
Ride sharing (ask Silicon Valley Leadership Group and Minh Lee for contacts of
companies)
Process for non-profits other than Rotary to apply regarding Stocklmeir
Community swimming pool study
Visit OpenGov Headquarters
Vallco development as community-centered process (Council review facilitator,
facilitator would conduct interviews, include stakeholders and residents on both
sides of C and D)
Jennifer Griffin talked about the Lawrence-Mitty Park and Stocklmeir House.
ADJOURNMENT
At 7:05 p.m. Mayor Savita Vaidhyanathan called the Regular City Council meeting to order in
Cupertino Community Hall Council Chambers, 10350 Torre Avenue.
REGULAR CITY COUNCIL MEETING
ROLL CALL
Present: Mayor Savita Vaidhyanathan, and Councilmembers Barry Chang, Steven Scharf and
Rod Sinks. Absent: Vice Mayor Darcy Paul.
32
City Council Minutes March 7, 2017
3
CEREMONIAL MATTERS AND PRESENTATIONS
1. Subject: Proclamation for March as Women's History Month
Recommended Action: Present Proclamation for March as Women's History Month
Mayor Vaidhyanathan presented the proclamation to Roberta Hollimon, President of
League of Women Voters Cupertino-Sunnyvale.
2. Subject: Proclamation for March as Arts Education Month
Recommended Action: Present Proclamation for March as Arts Education Month
Mayor Vaidhyanathan presented the proclamation to Jeannine Flores, Visual and
Performing Arts Coordinator at the Santa Clara County Office of Education.
3. Subject: Proclamation for March as American Red Cross Month
Recommended Action: Present Proclamation for March as American Red Cross Month
Mayor Vaidhyanathan presented the proclamation to Stuart Chessen, Disaster Team
Lead at the American Red Cross - Silicon Valley Chapter.
POSTPONEMENTS - None
ORAL COMMUNICATIONS
Raphael Vallagrasio talked about revitalizing Vallco Mall.
Jim Walker talked about Cupertino past, present and future and thanked Councilmembers for
their efforts.
Muni Madhdhipatla talked about pedestrian crossing safety on McClellan Road.
Jim Moore talked about increasingly dangerous traffic during commute hours and new Vallco
development in Cupertino. He distributed written comments.
Danessa Techmanski talked about the process for a Citizen’s Advisory Committee regarding
revitalization of Vallco.
Luke Lang talked about start-up incubator work space benefit for Cupertino.
33
City Council Minutes March 7, 2017
4
Lisa Warren talked about the process for forming a Citizen’s Advisory Committee and not
just focusing on Vallco.
CONSENT CALENDAR
Sinks moved and Chang seconded to approve the items on the Consent Calendar as
presented except for item numbers 12 and 14 which were pulled for discussion. Ayes:
Vaidhyanathan, Paul, Chang, Scharf and Sinks. Noes: None. Abstain: None. Absent: None.
4. Subject: Approve the February 21 City Council minutes
Recommended Action: Approve the February 21 City Council minutes
5. Subject: Accept Accounts Payable for the period ending January 6, 2017
Recommended Action: Adopt Resolution No. 17-021 accepting Accounts payable for
the period ending January 6, 2017
6. Subject: Accept Accounts Payable for the period ending January 13, 2017
Recommended Action: Adopt Resolution No. 17-022 accepting Accounts Payable for
the period ending January 13, 2017
7. Subject: Accept Accounts Payable for the period ending January 20, 2017
Recommended Action: Adopt Resolution No. 17-023 accepting Accounts Payable for
the period ending January 20, 2017
8. Subject: Accept Accounts Payable for the period ending January 27, 2017
Recommended Action: Adopt Resolution No. 17-024 accepting Accounts Payable for
the period ending January 27, 2017
9. Subject: Accept Accounts Payable for the period ending February 3, 2017
Recommended Action: Adopt Resolution No. 17-025 accepting Accounts Payable for
the period ending February 3, 2017
10. Subject: Accept Accounts Payable for the period ending February 10, 2017
Recommended Action: Adopt Resolution No. 17-026 accepting Accounts Payable for
the period ending February 10, 2017
11. Subject: Treasurer's Investment Report for Quarter ending December 31, 2016
Recommended Action: Accept the Treasurer's Investment Report for Quarter ending
December 31, 2016
34
City Council Minutes March 7, 2017
5
12. Subject: State Senate bills supporting affordable housing
Recommended Action: Adopt a position of support on Senate Bill 2 (Atkins): Building
Homes and Jobs Act and SB 3 (Beall): Affordable Housing Bond Act of 2018, and
authorize the Mayor to send letters in support of these bills
Jennifer Griffin spoke on this item.
Sinks moved and Chang seconded to Adopt a position of support on Senate Bill 2
(Atkins): Building Homes and Jobs Act and SB 3 (Beall): Affordable Housing Bond Act
of 2018, and authorize the Mayor to send letters in support of these bills. The motion
carried with Scharf and Paul voting no.
13. Subject: Response to Santa Clara County Civil Grand Jury Follow-Up Request
Recommended Action: Review the request and authorize the City Manager to sign the
proposed response
14. Subject: Set application deadline and interview date(s) for terms expiring on the Teen
Commission
Recommended Action: Staff recommends the following deadlines: 1.) Applications due
in the City Clerk's office by 4:30 p.m. on Friday, May 5; and 2.) Interviews held
beginning at 3:30 p.m. on Tuesday, May 23 and Wednesday, May 24 (as needed)
Vaidhyanathan moved and Chang seconded to approve the following deadlines: 1.)
Applications due in the City Clerk's office by 4:30 p.m. on Friday, May 5; and 2.)
Interviews held beginning at 3:30 p.m. on Tuesday, May 23 and Wednesday, May 24
(as needed) and directed staff to also include in the recruitment information that
Council will be appointing at least two alternates in addition to the regular vacancies
during the interview process. The motion carried unanimously.
15. Subject: Application for Alcohol Beverage License for JK Bay Area, Inc (dba Round
Table Pizza), 20080 Stevens Creek Blvd, Suite 106
Recommended Action: Recommend approval to the California Department of
Alcoholic Beverage Control of the application for Alcohol Beverage License for JK Bay
Area, Inc (dba Round Table Pizza), 20080 Stevens Creek Blvd, Suite 106
SECOND READING OF ORDINANCES - None
PUBLIC HEARINGS
35
City Council Minutes March 7, 2017
6
16. Subject: Review and consider a development proposal submitted (Scandinavian
Furniture Site), for consideration by the City Council, to authorize the proposed
applicant to submit an application for a General Plan Amendment and staff to
commence environmental and project review. (Application No.: GPAAuth-2016-01;
Applicant: Kings Mill Group, Keith Fichtner; Location: 19900 Stevens Creek Boulevard;
APN: 369-05-038). Postponed from the February 21, 2017 meeting
Recommended Action: Staff recommends that the City Council adopt the Resolution
No. 17-020 (Attachment A) after determining whether the application is authorized to
move forward to apply for a General Plan Amendment.
Written communications for this item included a staff PowerPoint presentation.
Associate Planner Gian Martire reviewed the staff report via a PowerPoint
presentation.
Staff answered questions from Council.
Mayor Vaidhyanathan opened the public hearing and the following individuals spoke:
Jennifer Griffin
Jean Livingston
Luke Lang
Mayor Vaidhyanathan closed the public hearing.
Staff answered questions from Council.
Applicant Keith Fichtner reviewed the project and answered questions from Council.
Sinks moved and Vaidhyanathan seconded to adopt Resolution No. 17-020 denying the
project to move forward in the General Plan Application process. The motion carried
unanimously.
ORDINANCES AND ACTION ITEMS
17. Subject: Approval of the Mid-Year Financial Report and recommended budget
adjustments for Fiscal Year 2016-17
36
City Council Minutes March 7, 2017
7
Recommended Action: 1. Accept the City Manager’s Mid-Year Financial Report for FY
2016-17 2. Approve the Mid-Year adjustments for FY 2016-17 as described in the Mid-
Year Financial Report 3. Adopt Resolution No. 17-027 approving Mid-Year budget
adjustments
Written communications for this item included a staff PowerPoint presentation.
Director of Administrative Services Kristina Alfaro and Senior Management Analyst
Karen Guerin reviewed the staff report via a PowerPoint presentation.
Staff answered questions from Council.
Sinks moved and Chang seconded to 1. Accept the City Manager’s Mid-Year Financial
Report for FY 2016-17 2. Approve the Mid-Year adjustments for FY 2016-17 as
described in the Mid-Year Financial Report 3. Adopt Resolution No. 17-027 approving
Mid-Year budget adjustments. The motion carried unanimously.
18. Subject: Regnart Road Emergency Work Declaration, Authorization for the City
Manager to Negotiate and Execute a Contract for the Repair Work and Designate the
City Manager to apply for Federal and State Disaster Assistance
Recommended Action: Staff recommends that Council Adopt Resolution 17-028 to: 1.
Declare the repairs necessary to restore Regnart Road as Emergency Work, per
Cupertino Municipal Code Section 3.23.130 and Public Contract Code Section 22050,
and award a contract without public bidding; 2. Authorize the City Manager to
negotiate and execute a contract to perform the repairs in an amount not to exceed
$350,000; and 3. Designate the City Manager to be authorized to apply for Federal and
State disaster assistance for storm related damages, if available 4. Approve a budget
adjustment in the amount of $350,000 to the Transportation Fund 270-85-821 900-990
Director of Public Works Timm Borden reviewed the staff report.
Sinks moved and Chang seconded to Adopt Resolution 17-028 to: 1. Declare the repairs
necessary to restore Regnart Road as Emergency Work, per Cupertino Municipal Code
Section 3.23.130 and Public Contract Code Section 22050, and award a contract without
public bidding; 2. Authorize the City Manager to negotiate and execute a contract to
perform the repairs in an amount not to exceed $350,000; and 3. Designate the City
Manager to be authorized to apply for Federal and State disaster assistance for storm
related damages, if available 4. Approve a budget adjustment in the amount of
37
City Council Minutes March 7, 2017
8
$350,000 to the Transportation Fund 270-85-821 900-990. The motion carried
unanimously.
REPORTS BY COUNCIL AND STAFF
19. Subject: Report on Committee assignments and general comments
Recommended Action: Report on Committee assignments and general comments
Council members highlighted the activities of their committees and various
community events.
Council concurred to adjourn a future meeting in honor of Tommy Shwe.
ADJOURNMENT
20. Subject: Adjourn the meeting in memory of Srinivas Kuchibhotla who was recently
killed in Kansas
At 10:32 p.m., Mayor Vaidhyanathan adjourned the meeting in memory of Srinivas
Kuchibhotla who was recently killed in Kansas.
________________________
Grace Schmidt, City Clerk
38
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:117-2417 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:3/6/2017 City Council
On agenda:Final action:3/21/2017
Title:Subject: Appointment of City of Cupertino representative to the Santa Clara Valley Transportation
Authority (VTA) Bicycle & Pedestrian Advisory Committee (BPAC)
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
Action ByDate Action ResultVer.
City Council3/21/20171
Subject:AppointmentofCityofCupertinorepresentativetotheSantaClaraValley
Transportation Authority (VTA) Bicycle & Pedestrian Advisory Committee (BPAC)
AccepttheBicyclePedestrianCommission(BPC)recommendationtoappointErikLindskogto
the VTA BPAC for the two-year term that ends June 30, 2018
CITY OF CUPERTINO Printed on 3/15/2017Page 1 of 1
powered by Legistar™39
€ 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: March 21, 2017
Subject
Appointment of City of Cupertino representative to the Santa Clara Valley
Transportation Authority (VTA) Bicycle & Pedestrian Advisory Committee (BPAC).
Recommended Action
Accept the Bicycle Pedestrian Commission (BPC) recommendation to appoint Erik
Lindskog to the VTA BPAC for the two-year term that ends June 30, 2018.
Discussion
VTA has requested that the City of Cupertino appoint a representative to VTA’s BPAC
for the current two-year term that began July 1, 2016 and ends June 30, 2018. Gary
Jones, Cupertino’s representative since August 24, 2016, recently resigned from the VTA
BPAC due to personal reasons, leaving Cupertino’s position vacant. Due to the timing
of the resignation combined with the meeting schedule of the VTA Governance and
Audit Committee, the soonest Mr. Lindskog can receive required VTA ratification is
May 4, 2017. He would then be eligible to serve as Cupertino’s representative at the
May 10, 2017 VTA BPAC meeting.
The BPAC is a 17-member committee that advises VTA’s Board of Directors on
planning and funding issues for bicycle and pedestrian projects in the county.
Members must live and/or work in Santa Clara County during their term and cannot be
staff of either VTA or the member agency they represent. Cupertino has one
membership position on the committee.
The City of Cupertino’s Bicycle Pedestrian Commission has recommended that Erik
Lindskog be appointed to the VTA’s BPAC for the two-year term that ends June 30,
2018.
Sustainability Impact
None
Fiscal Impact
There is no fiscal impact.
40
_____________________________________
Prepared by: David Stillman, Senior Civil Engineer
Reviewed by: Timm Borden, Director of Public Works
Approved for Submission by: David Brandt, City Manager
Attachments: None
41
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:116-2154 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:11/8/2016 City Council
On agenda:Final action:3/21/2017
Title:Subject: Agreement between the City of Cupertino and Pavement Engineering, Inc. for consultant
services on various street and concrete improvement projects
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Draft Master Agreement
Action ByDate Action ResultVer.
City Council3/21/20171
Subject:AgreementbetweentheCityofCupertinoandPavementEngineering,Inc.for
consultant services on various street and concrete improvement projects
ApproveanAgreementbetweentheCityofCupertinoandPavementEngineering,Inc.(PEI)in
theamountnottoexceed$474,250fromthedateofexecutionthroughJune30,2018,and
authorizetheDirectorofPublicWorkstonegotiateandexecuteallnecessarydocumentsto
carry out all consultant services for the various street and concrete improvement projects
CITY OF CUPERTINO Printed on 3/15/2017Page 1 of 1
powered by Legistar™42
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: March 21, 2017
Subject
Agreement between the City of Cupertino and Pavement Engineering, Inc. for
consultant services on various street and concrete improvement projects.
Recommended Action
Approve an Agreement between the City of Cupertino and Pavement Engineering, Inc.
(PEI) in the amount not to exceed $474,250 from the date of execution through June 30,
2018, and authorize the Director of Public Works to negotiate and execute all necessary
documents to carry out all consultant services for the various street and concrete
improvement projects.
Description
The approved FY 2016/17 Operating Budget includes funding for the construction of
various pavement and concrete maintenance projects. Five projects will be let out to
complete the improvements. Staff proposes to engage the services of a testing and
inspection services firm to provide necessary daily oversight of the pavement projects
and design and construction support for two concrete projects.
Discussion
The quantity of pavement maintenance work completed continues to be greater than in
previous years. Staff proposes to use consultant services in order to ensure suitable
resources are available for the management of the various pavement and concrete
maintenance project contracts. Subject to Council approval, the consultant will perform
the day-to-day testing and inspection for three pavement maintenance projects and
design and construction support for two concrete projects. All paving projects are
scheduled for substantial completion in 2017. Concrete projects will be completed by
June 2018.
Anticipating the need for these services, staff completed a consultant selection process
in 2015. In response to a Request for Qualifications, the City received Statements of
Qualification from firms within the Bay Area, which were evaluated for relevant skills
and experience. Top-ranked firms were invited to interview. PEI was selected to
provide the testing and inspection services based on relevant experience, depth and
breadth of skills, and familiarity with the Cupertino street network. PEI has provided
pavement related services successfully on several similar projects.
43
Staff has negotiated an agreement for services for a package of projects in order to have
adequate oversight of all of the projects over the anticipated construction periods.
Sustainability Impact
Not applicable.
Fiscal Impact
Approval of an agreement between the City and PEI will encumber the needed funds
for each maintenance project in the FY 2016/2017 Operating Budget in the following
amounts:
Project Name Service Order Amount
2017 Pavement Maintenance Project -
Phase 1, City Project No. 2017-104
$208,050
2017 Concrete Improvements, City Project
No. 2017-112 and Jollyman/Varian Park
ADA Improvements
$54,880
2017 Pavement Maintenance Project -
Phase 2, City Project No. 2017-110
$83,960
2017 Pavement Maintenance Project -
Phase 3, City Project No. 2017-111
$127,360
Master Agreement Total $474,250
_____________________________________
Prepared by: Roger Lee, Assistant Director of Public Works
Reviewed by: Timm Borden, Director of Public Works
Approved for Submission by: David Brandt, City Manager
Attachments:
A – Draft Master Agreement
44
City of Cupertino Consultant Master Agreement
Inspection and Asphalt Testing & Concrete Design Services – PEI, Inc. Page 1 of 14
MASTER AGREEMENT BETWEEN THE CITY OF CUPERTINO AND
PAVEMENT ENGINEERING INC. FOR INSPECTION AND ASPHALT TESTING &
CONCRETE DESIGN CONSULTANT SERVICES
THIS MASTER AGREEMENT, for reference dated March , 2017, is by and between CITY
OF CUPERTINO, a municipal corporation (hereinafter referred to as "City"), and,
PAVEMENT ENGINEERING, INC. whose address is 3820 Cypress Drive, Suite 3,
Petaluma, CA, 94954-6964; telephone no. (707) 769-5330 (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 Program and
Project Management 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 June 30, 2018 unless terminated earlier as set forth herein. At City’s
sole discretion, City may exercise an option to extend the contract term for up to six
months. This City shall exercise this option, in writing, on or before June 1, 2018.
45
City of Cupertino Consultant Master Agreement
Inspection and Asphalt Testing & Concrete Design Services – PEI, Inc. Page 2 of 14
2. SCOPE OF SERVICES
Consultant shall provide services under this Master Agreement 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 any 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.
4. CONSULTANT COMPENSATION:
The maximum compensation to be paid to Consultant under this Master
Agreement shall not exceed Four Hundred Sixty Nine Thousand Two Hundred Fifty
Dollars ($474,250). 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
agreement unless authorized by a fully executed Service Order, beginning with Exhibit
A-1. 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 “Method of Payment”, 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.
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All requests for payment from Consultant to City shall be addressed to the City to:
Attention: Roger Lee
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
this Agreement.
7. STANDARD OF CARE:
Consultant agrees to perform all services hereunder in a manner commensurate
with the practice of a professional that specializes in performing professional services of
a like nature and complexity, and agrees that all services shall be performed by similarly
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.
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.
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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: The Director of Public Works, or designated agent, shall be representative
of City for all purposes under this Agreement. Roger Lee is hereby designated as the
Director of Public Works’ agent and shall supervise the progress and execution of this
Agreement.
CONSULTANT: Consultant shall assign a single Consultant Project Executive to
have overall responsibility for the progress and execution of this Agreement for the
Consultant. If, subsequent to the execution of the Agreement, circumstances or conditions
require a substitute Consultant Project Executive for any reason, the proposed
replacement Consultant Project Manager shall be subject to the prior written acceptance
and approval of the City Director of Public Works or the above named designated agent..
The designated Consultant Project Executive for the Agreement term shall be Paul
Curren.
12. HOLD HARMLESS:
A. Indemnity Obligations Subject to Civil Code Section 2782.8.
Where Consultant’s services fall within Civil Code Section 2782.8 and 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
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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.
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 cooperation to the
City, at no additional cost to the City, in 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, 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,
whether physical, emotional, consequential or otherwise, arising out, pertaining to, or
related 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.
13. INSURANCE:
On or before the commencement of the term of this Agreement, Consultant shall
furnish City with certificates showing the type, amount, class of operations covered,
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
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indemnification, shall also contain substantially the following statement: "Should any of
the above insurance covered by this certificate be canceled or coverage reduced before
the expiration date thereof, the insurer affording coverage shall provide thirty (30) days'
advance written notice to the City of Cupertino by certified mail, 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 licensed to do
insurance business in the State of California. Endorsements naming the City as additional
insured 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: $500,000
each occurrence
$1,000,000
aggregate - all other
Property Damage: $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:
Comprehensive automotive liability coverage in the following
minimum limits:
Bodily Injury: $500,000 each occurrence
Property Damage: $100,000 each occurrence
or
Combined Single Limit: $500,000 each occurrence
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 comprehensive general and automotive liability insurance,
Consultant shall look solely to his/her insurance for recovery. Consultant hereby grants
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to City, on behalf of any insurer providing comprehensive 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
professional liability insurance, required by this Agreement. The naming of an additional
insured shall not affect any recovery to which such additional insured would be entitled
under this policy if not named as such additional insured. 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.
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 or Statement of Economic Interest (Form 700) 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, et seq. of the
California Code of Regulations.
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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, sub-lessee, 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. SUBCONSULTANT APPROVAL:
Unless prior written consent from City is obtained, only those people and sub-
consultants whose names are included in this Agreement shall be used in the
performance of this Agreement. In the event that Consultant employs sub-consultants,
such sub-consultants shall be required to furnish proof of workers' compensation
insurance and shall also be required to carry, at a minimum, general, automobile and
professional liability insurance equal to the insurance maintained by the Consultant as
required by this agreement. 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.
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18. REPORTS:
A. Each and every report, draft, work product, map, record and other
document, hereinafter collectively referred to as "Report", reproduced, prepared or
caused to be prepared by Consultant pursuant to or in connection with this Agreement,
shall be the exclusive property of City. Consultant shall not copyright any Report
required by this Agreement and shall execute appropriate documents to assign to City
the copyright to Reports created pursuant to this Agreement. Any Report, information
and data acquired or required by this Agreement shall become the property of City, and
all publication rights are reserved to City. Consultant may retain a copy of any report
furnished to the City pursuant to this Agreement.
B. All Reports prepared by Consultant 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. Consultant shall, at such time and in such form as City may require, furnish
reports concerning the status of services required under this Agreement.
D. All reports required to be provided by this Agreement shall be printed on
recycled paper. All Reports shall be copied on both sides of the paper except for one
original, which shall be single sided.
E. No report, information or other data given to or prepared or assembled by
Consultant pursuant to this Agreement shall be made available to any individual or
organization by Consultant without prior approval by City.
F. Electronic and hard copies of Consultant’s work product shall constitute
the Project deliverables. Documents shall be in Microsoft Word and PDF formats. City
holds Consultant harmless for any modifications to the documents.
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 during normal business hours, and gives City
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the right to examine and audit same, and to make transcripts therefrom 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.
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: Roger Lee
All notices, demands, requests, or approvals from City to Consultant shall be
addressed to Consultant at:
Pavement Engineering, Inc.
3820 Cypress Drive, Suite 3
Petaluma, CA, 94954-6964
Attention: Eric Nejedlo
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. The City shall notify the Consultant of such default
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,in writing, specifying the nature of such default and the steps necessary to cure such
default, If, after receipt by Consultant, such default is not cured within the time specified,
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 laws, state or federal and all ordinances, rules
and regulations enacted or issued by City including, without limitation, the following.
A. PREVAILING WAGES: Consultant shall comply with the City’s Labor
Compliance Program and all other requirements set forth in Labor Code section 1770 et
seq. Consultant shall pay prevailing wages. Consultant 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 Consultant
B. WORKING DAY: Consultant 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 times the basic rate of pay.
C. PAYROLL RECORDS: Consultant 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.
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D. APPRENTICES: Consultant 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.
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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 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. REPRESENTATION OF AUTHORITY:
The person executing this agreement on behalf of the CONSULTANT does hereby
represent and warrant that the CONSULTANT is a sole proprietor in the State of
California and has full right, power, and authority to enter into and carry out all actions
contemplated by this Agreement.
30. 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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IN WITNESS WHEREOF, the parties have caused the Agreement to be executed.
CONSULTANT
Pavement Engineering Inc.
A California Corporation
By
William J. Long
Title: Vice President
Date
Tax I.D. No.:
Address:
3820 Cypress Drive, Suite 3,
Petaluma, CA, 94954-6964
CITY OF CUPERTINO
A Municipal Corporation
By
Timm Borden, Director of Public Works
Date
APPROVED AS TO FORM:
Randolph Hom, City Attorney
ATTEST:
Grace Schmidt, City Clerk
Contract Amount: $474,250
Account No.: 270-85-821-900-921
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:116-2155 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:11/8/2016 City Council
On agenda:Final action:3/21/2017
Title:Subject: Report on Bids and Award a Contract for 2017 Memorial Park Courts Resurfacing Project
(Project No. 2017-13)
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
Action ByDate Action ResultVer.
City Council3/21/20171
Subject:ReportonBidsandAwardaContractfor2017MemorialParkCourtsResurfacing
Project (Project No. 2017-13)
1.Awardaconstructioncontracttothesolebidder,VintageConstruction,Inc.,intheamount
of Two Hundred Forty-Eight Thousand Seven Hundred Dollars ($248,700); and
2.AuthorizeaconstructioncontingencybudgetofTwenty-FourThousandEightHundred
Dollars($24,800),whichisapproximately10%oftheconstructioncontractamount,to
address unforeseen conditions during construction.
CITY OF CUPERTINO Printed on 3/15/2017Page 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
PUBLIC WORKS BID REPORT
March 21, 2017
Subject
Report on Bids and Award a Contract for 2017 Memorial Park Courts Resurfacing
Project (Project No. 2017-13).
Recommended Action
1. Award a construction contract to the sole bidder, Vintage Construction, Inc., in the
amount of Two Hundred Forty-Eight Thousand Seven Hundred Dollars ($248,700);
and
2. Authorize a construction contingency budget of Twenty-Four Thousand Eight
Hundred Dollars ($24,800), which is approximately 10% of the construction contract
amount, to address unforeseen conditions during construction.
Description
The recommended project will repair extensive cracks and surface degradation affecting
court playability and the underlying court structure. The project will resurface the six
existing tennis courts at Memorial Park with a slip-sheet overlay system.
Discussion
The FY 2017-21 CIP plan includes a multi-year project to resurface the tennis courts at
three sites over three years, entitled Tennis Court Resurfacing-Various Parks. The 2017
Memorial Park Courts Resurfacing Project is the first of the three sites and is funded in
the current fiscal year.
The proposed project will install a slip-sheet overlay on the existing courts. The multi-
layer slip-sheet overlay is placed on the existing court surface , isolating the new upper
finish layers from the existing surface, preventing the existing cracks from reflecting up
through the overlay layers to the new surface. The materials and process used to
resurface the courts is expected to be a longer -term fix for court cracking, with a wear-
life of 12-15 years or longer. The contract includes a five year warranty.
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Bid Results:
The bid opening for the Memorial Park Courts Resurfacing Project was on February 28,
2017 and one bid was received for the project as follows:
Bid Results
Bidder Amount
Vintage Construction $248,700.00
Expected Expenditure $240,000.00
The Notice to Contractors inviting bids was posted on the City’s Bid webpage, in the
Courier, and was distributed to required outlets and to construction firms known in the
sports facility market using previous source lists from recent tennis courts resurfacing
projects and previous plan-holder lists. A sole bid was received in the amount of
$248,700, which is 3.63 percent above the posted expected expenditure for the project.
Staff evaluated the bid and contractor qualifications concluding that the contract may be
awarded to the low bidder, Vintage Construction, Inc. This contractor has successfully
completed many tennis court slip-sheet resurfacing projects in the Bay Area, including
recent work at the Cupertino Sports Center.
The project is scheduled to begin on or about April 4, 2017 with completion in June
2017. This schedule supports court availability for the summer recreation season.
Sustainability Impact
None
CEQA
Exempt
Fiscal Impact
The FY 2016-2017 CIP budget for the Tennis Court Resurfacing-Various Parks project
(budget unit 420-99-015) is adequate to implement the proposed project. No additional
appropriation is needed.
_____________________________________
Prepared by: Katy Jensen, CIP Program Manager
Reviewed by: Timm Borden, Director of Public Works
Approved for Submission by: David Brandt, City Manager
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:116-2157 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:11/8/2016 City Council
On agenda:Final action:3/21/2017
Title:Subject: 2017 Pavement Maintenance Project - Phase 2, Project No. 2017-110
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Street List
B - Draft Contract
Action ByDate Action ResultVer.
City Council3/21/20171
Subject: 2017 Pavement Maintenance Project - Phase 2, Project No. 2017-110
AuthorizetheCityManagertoawardacontracttoTelferPavementTechnologies,inthe
amountof$490,247.65andapproveaconstructioncontingencyof$50,000,foratotalof
$540,247.65
CITY OF CUPERTINO Printed on 3/15/2017Page 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: March 21, 2017
Subject
2017 Pavement Maintenance Project – Phase 2, Project No. 2017-110
Recommended Action
Authorize the City Manager to award a contract to Telfer Pavement Technologies, LLC,
in the amount of $490,247.65 and approve a construction contingency of $50,000, for a
total of $540,247.65.
Discussion
On March 7, 2017, the City received four bids for the 2017 Pavement Maintenance
Project – Phase 2. This project provides for various preventative maintenance asphalt
treatments on over 20 streets throughout the City. The majority of these streets are in
residential areas on streets that are in fair condition. The timely application of a
preventative treatment, such as a slurry seal, will improve the pavement condition
before it worsens and necessitates a much more expensive pavement treatment. The
following is a summary of bids deemed complete:
Bidder Bid Amount
Engineers Estimate $590,000
Telfer Pavement Technologies $490,247
American Pavement Systems $499,785
VSS International $518,217
International Slurry Seal $528,088
The engineers estimate for this project was based upon the competitively bid unit costs
of a similar project completed in 2015. The favorable bids received this year are likely a
result of this project being out to bid early in the construction season.
Sustainability Impact
No sustainability impact.
Fiscal Impact
Award of the project will result in a fiscal impact of up to $540,247.65. Sufficient funds
have been budgeted and are available from account #270-85-821 900-921 (Pavement
Maintenance).
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_____________________________________
Prepared by: Roger Lee, Assistant Director of Public Works
Reviewed by: Timm Borden, Director of Public Works
Approved for Submission by: David Brandt, City Manager
Attachments:
A - List of Streets to Receive Pavement Maintenance Treatment
B – Draft Contract
64
2017 Pavement Maintenance Phase 2
Street List
Attachment A
STREET NAME FROM TO TREATMENT
Alves Dr Stelling Anton Rubber Chip / Microsurfacing
Anton Way Alves Stevens Creek Rubber Chip / Microsurfacing
Millard Ln Mary End Rubber Chip / Microsurfacing
Sunrise Dr Western De Anze Blvd (inlcudes ally ways)Rubber Chip / Microsurfacing
Gillick Way Martinwood Clifden Rubber Chip / Microsurfacing
Miner Pl Lazaneo N End Rubber Chip / Microsurfacing
Miner Pl Lazaneo S End Rubber Chip / Microsurfacing
Parlet Pl Lazane o N End Rubber Chip / Microsurfacing
Parlet Pl Lazaneo S End Rubber Chip / Microsurfacing
Virginia Swan Pl Lazaneo End Rubber Chip / Microsurfacing
Meadowview Ln Mann End Rubber Chip / Microsurfacing
Woodburry Dr Mann End Rubber Chip / Microsurfacing
Stelling Rd Stevens Creek I-280 Rubber Chip / Microsurfacing
Regnart Canyon Rd Regnart End Double Chip
Howard Ct Miller End Slurry Seal
Park Circle Dr Alves Alves Slurry Seal
Corte Madera Ln Mann End Slurry Seal
Dos Palos Ct Mann End Slurry Seal
Gardenview Ln Mann End Slurry Seal
Monte Ct Mann End Slurry Seal
Oakview Ln Mann End Slurry Seal
Shadowhill Ln Candlelight End Slurry Seal
65
Project No. 2017-110
City of Cupertino 00520 - 1 Contract
2017 Pavement Maintenance Project – Phase 2
DOCUMENT 00520
CONTRACT
THIS CONTRACT, dated this day of , 2017 , by and between
_________________whose place of business is located at ________________________ (“Contractor”), and
the CITY OF CUPERTINO, a Municipal Corporation of the State of California (“City”) acting under and by
virtue of the authority vested in the City by the laws of the State of California.
WHEREAS, City, on the _____ day of _______________, 2017 awarded to Contractor the following
Project:
PROJECT NUMBER 2017-110
2017 PAVEMENT MAINTENANCE PROJECT – PHASE 2
NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, Contractor and
City agree as follows:
Article 1. Work
1.1 Contractor shall complete all Work specified in the Contract Documents, in accordance with the
Specifications, Drawings, and all other terms and conditions of the Contract Documents.
Article 2. Agency and Notices to City
2.1 City has designated Roger Lee, Assistant Director, Public Works, to act as City’s Authorized
Representative(s), who will represent City in performing City’s duties and responsibilities and exercising
City’s rights and authorities in Contract Documents. City may change the individual(s) acting as City’s
Authorized Representative(s), or delegate one or more specific functions to one or more specific City’s
Representatives, including without limitation engineering, architectural, inspection and general
administrative functions, at any time with notice and without liability to Contractor. Each City’s
Representative is the beneficiary of all Contractor obligations to City, including without limitation, all
releases and indemnities.
2.2 All notices or demands to City under the Contract Documents shall be to City’s Authorized
Representative at:
10300 Torre Avenue, Cupertino, California 95014 or to such other person(s) and address(es) as City
shall provide to Contractor.
Article 3. Contract Time and Liquidated Damages
3.1 Contract Time.
The Contract Time will commence to run on the date indicated in the Notice to Proceed. City may
give a Notice to Proceed at any time within 30 Days after the Notice of Award. Contractor shall not
do any Work at the Site prior to the date on which the Contract Time commences to run.
Contractor shall achieve Final Completion of the entire Work and be ready for Final Payment in
accordance with Section 00700 (General Provisions) within 45 working days as provided in
Document 00700 (General Provisions)
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Project No. 2017-110
City of Cupertino 00520 - 2 Contract
2017 Pavement Maintenance Project – Phase 2
3.2 Liquidated Damages.
City and Contractor recognize that time is of the essence of this Contract and that City will suffer
financial loss in the form of contract administration expenses (such as project management and
consultant expenses), if all or any part of the Work is not completed within the times specified above,
plus any extensions thereof allowed in accordance with the Contract Documents. Consistent with
Document 00700 (General Provisions), Contractor and City agree that because of the nature of the
Project, it would be impractical or extremely difficult to fix the amount of actual damages incurred by
City because of a delay in completion of all or any part of the Work. Accordingly, City and
Contractor agree that as liquidated damages for delay Contractor shall pay City:
3.2.1 $1,500 for each Calendar Day that expires after the time specified herein for Contractor to
achieve Substantial Completion as specified above.
3.2.2 $1,500 for each Calendar Day that expires after the time specified herein for Contractor to
achieve Final Completion of the entire Work as specified above.
3.2.3 $150.00 per day for failure to replace traffic striping as required by Document 01010, Section
6.
3.2.4 $500.00 per day for failure to place temporary pavement markings as required by Document
01010, Section 6.
3.2.5 $5,000 for each occurrence of a violation of Document 00800, Section 1.7 WORK DAYS
AND HOURS.
3.2.6 Three Months Salary for each Key Personnel named in Contractor’s SOQ pursuant to Article
2.G of Document 00450 (Statement of Qualifications for Construction Work) who leaves the
Project and/or Contractor replaces at any point before Final Completion, for any reason
whatsoever, that Contractor can demonstrate to City’s satisfaction is beyond Contractor’s
control.
Liquidated damages shall apply cumulatively and, except as provided below, shall be presumed to be
the damages suffered by City resulting from delay in completion of the Work.
3.3 Liquidated damages for delay shall only cover administrative, overhead, interest on bonds, and
general loss of public use damages suffered by City as a result of delay. Liquidated damages shall not
cover the cost of completion of the Work, damages resulting from defective Work, lost revenues or
costs of substitute facilities, or damages suffered by others who then seek to recover their damages
from City (for example, delay claims of other contractors, subcontractors, tenants, or other third-
parties), and defense costs thereof.
Article 4. Contract Sum
4.1 City shall pay Contractor the Contract Sum for completion of Work in accordance with Contract
Documents as set forth in Contractor’s Bid, attached hereto: See Exhibit “A” attached
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Project No. 2017-110
City of Cupertino 00520 - 3 Contract
2017 Pavement Maintenance Project – Phase 2
Article 5. Contractor’s Representations
In order to induce City to enter into this Contract, Contractor makes the following representations and
warranties:
5.1 Contractor has visited the Site and has examined thoroughly and understood the nature and extent of
the Contract Documents, Work, Site, locality, actual conditions, as-built conditions, and all local
conditions, and federal, state and local laws and regulations that in any manner may affect cost,
progress, performance or furnishing of Work or which relate to any aspect of the means, methods,
techniques, sequences or procedures of construction to be employed by Contractor and safety
precautions and programs incident thereto.
5.2 Contractor has examined thoroughly and understood all reports of exploration and tests of subsurface
conditions, as-built drawings, drawings, products specifications or reports, available for Bidding
purposes, of physical conditions, including Underground Facilities, or which may appear in the
Drawings. Contractor accepts the determination set forth in these Documents and Document 00700
(General Provisions) of the limited extent of the information contained in such materials upon which
Contractor may be entitled to rely. Contractor agrees that except for the information so identified,
Contractor does not and shall not rely on any other information contained in such reports and
drawings.
5.3 Contractor has conducted or obtained and has understood all such examinations, investigations,
explorations, tests, reports and studies (in addition to or to supplement those referred to in Section 5.2
of this Document 00520) that pertain to the subsurface conditions, as-built conditions, underground
facilities, and all other physical conditions at or contiguous to the Site or otherwise that may affect the
cost, progress, performance or furnishing of Work, as Contractor considers necessary for the
performance or furnishing of Work at the Contract Sum, within the Contract Time and in accordance
with the other terms and conditions of the Contract Documents, including specifically the provisions
of Document 00700 (General Provisions); and no additional examinations, investigations,
explorations, tests, reports, studies or similar information or data are or will be required by Contractor
for such purposes.
5.4 Contractor has correlated its knowledge and the results of all such observations, examinations,
investigations, explorations, tests, reports and studies with the terms and conditions of the Contract
Documents.
5.5 Contractor has given City prompt written notice of all conflicts, errors, ambiguities, or discrepancies
that it has discovered in or among the Contract Documents and as-built drawings and actual
conditions and the written resolution thereof through Addenda issued by City is acceptable to
Contractor.
5.6 Contractor is duly organized, existing and in good standing under applicable state law, and is duly
qualified to conduct business in the State of California.
5.7 Contractor has duly authorized the execution, delivery and performance of this Contract, the other
Contract Documents and the Work to be performed herein. The Contract Documents do not violate or
create a default under any instrument, contract, order or decree binding on Contractor.
68
Project No. 2017-110
City of Cupertino 00520 - 4 Contract
2017 Pavement Maintenance Project – Phase 2
5.8 Contractor has listed Subcontractors pursuant to the Subcontractor Listing Law, California Public
Contracting Code §4100 et seq. in document 00340 (Subcontractors List)
Article 6. Contract Documents
6.1 Contract Documents consist of the following documents, including all changes, addenda, and
modifications thereto:
Document 00002 Signature Page
Document 00003 Project Directory
Document 00012 Caltrans/City Cross-Reference Table
Document 00100 Advertisement For Bids
Document 00200 Instructions to Bidders
Document 00210 Indemnity and Release Agreement
Document 00400 Bid Form
Document 00411 Bond Accompanying Bid
Document 00430 Subcontractors List
Document 00450 Statement of Qualifications
Document 00481 Non-Collusion Affidavit
Document 00482 Bidder Certifications
Document 00520 Contract
Document 00530 Insurance Forms
Document 00610 Construction Performance Bond
Document 00620 Construction Labor and Material Payment Bond
Document 00630 Guaranty
Document 00650 Agreement and Release of Any and All Claims
Document 00660 Substitution Request Form
Document 00670 Reliable Contractor Declaration Form
Document 00700 General Conditions
Document 00800 Special Conditions
Document 00820 Traffic Control Requirements
Document 00821 Insurance
Document 00822 Apprenticeship Program
Document 00850 Technical Specifications
Document 00860 General Requirements
Attachment A Work Hour Restrictions
Addenda(s)
Drawings/Plans
6.2 There are no Contract Documents other than those listed in this Document 00520, Article 6. The
Contract Documents may only be amended, modified or supplemented as provided in Document
00700 (General Provisions).
Article 7. Miscellaneous
7.1 Terms used in this Contract are defined in Document 00700 (General Provisions) and will have the
meaning indicated therein.
7.2 It is understood and agreed that in no instance are the persons signing this Contract for or on behalf of
City or acting as an employee, agent, or representative of City, liable on this Contract or any of the
Contract Documents, or upon any warranty of authority, or otherwise, and it is further understood and
69
Project No. 2017-110
City of Cupertino 00520 - 5 Contract
2017 Pavement Maintenance Project – Phase 2
agreed that liability of the City is limited and confined to such liability as authorized or imposed by
the Contract Documents or applicable law.
7.3 Contractor shall not assign any portion of the Contract Documents, and may subcontract portions of
the Contract Documents only in compliance with the Subcontractor Listing Law, California Public
Contracting Code §4100 et seq.
7.4 The Contract Sum includes all allowances (if any).
7.5 In entering into a public works contract or a subcontract to supply goods, services or materials
pursuant to a public works contract, Contractor or Subcontractor offers and agrees to assign to the
awarding body all rights, title and interest in and to all causes of action it may have under Section 4 of
the Clayton Act (15 U.S.C. §15) or under the Cartwright Act (Chapter 2 (commencing with Section
16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of
goods, services or materials pursuant to the public works contract or the subcontract. This assignment
shall be made and become effective at the time City tenders final payment to Contractor, without
further acknowledgment by the parties.
7.6 Copies of the general prevailing rates of per diem wages for each craft, classification, or type of
worker needed to execute the Contract, as determined by Director of the State of California
Department of Industrial Relations, are deemed included in the Contract Documents and on file at
City’s office, or may be obtained of the State of California web site
http://www.dir.ca.gov/DLSR/PWD/Northern.html and shall be made available to any interested party
on request. Pursuant to Section 1861 of the Labor Code, Contractor represents that it is aware of the
provisions of Section 3700 of the Labor Code 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 Contractor shall comply with such provisions before commencing the performance
of the Work of the Contract Documents.
7.7 Should any part, term or provision of this Contract or any of the Contract Documents, or any
document required herein or therein to be executed or delivered, be declared invalid, void or
unenforceable, all remaining parts, terms and provisions shall remain in full force and effect and shall
in no way be invalidated, impaired or affected thereby. If the provisions of any law causing such
invalidity, illegality or unenforceability may be waived, they are hereby waived to the end that this
Contract and the Contract Documents may be deemed valid and binding contracts, enforceable in
accordance with their terms to the greatest extent permitted by applicable law. In the event any
provision not otherwise included in the Contract Documents is required to be included by any
applicable law, that provision is deemed included herein by this reference(or, if such provision is
required to be included in any particular portion of the Contract Documents, that provision is deemed
included in that portion).
7.8 This Contract and the Contract Documents shall be deemed to have been entered into in the County of
Santa Clara, State of California, and governed in all respects by California law (excluding choice of
law rules). The exclusive venue for all disputes or litigation hereunder shall be in Santa Clara
County. Both parties hereby waive their rights under California Code of Civil Procedure Section 394
to file a motion to transfer any action or proceeding arising out of the Contract Documents to another
venue. Contractor accepts the Claims Procedure in Document 00700, Article 12, established under
the California Government Code, Title 1, Division 3.6, Part 3, Chapter 5.
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Project No. 2017-110
City of Cupertino 00520 - 6 Contract
2017 Pavement Maintenance Project – Phase 2
IN WITNESS WHEREOF the parties have executed this Contract in quadruplicate the day and year first above written.
2017 PAVEMENT MAINTENANCE PROJECT – Phase 2
CITY: CONTRACTOR:
CITY OF CUPERTINO, a Municipal Corporation of the
State of California
By:
[Signature]
Attest:
[Please print name here]
City Clerk: Grace Schmidt
Approved as to form by City Attorney: Title:
____________________________________________
[If Corporation: Chairman , President, or Vice President]
City Attorney: Randolph Hom By:
I hereby certify, under penalty of perjury, that Timm Borden,
Director of Public Works of the City of Cupertino was duly
authorized to execute this document.
[Signature]
[Please print name here]
Title:
[If Corporation: Secretary, Assistant Secretary,
Chief Financial Officer, or Assistant Treasurer]
Dated:
_____________________________
Timm Borden, Director of Public Works of the City of
Cupertino, a Municipal Corporation of the State of California
____________________________________________
State Contractor’s License No. Classification
____________________________________________
Expiration Date
Designated Representative: Taxpayer ID No._________________________________
Name: Roger Lee Name:
Title: Assistant Director of Public Works - Title:
Address: 10300 Torre Ave, Cupertino, CA 95014 Address:
Phone: 408-777-3354 Phone:
Facsimile: 408-777-3333 Facsimile:
AMOUNT: $490,247.65
ACCOUNT NUMBER: 270-85-821 900-921
FILE NO.: 2017-110
NOTARY ACKNOLEDGEMENT IS REQUIRED. IF
A CORPORATION, CORPORATE SEAL AND
CORPORATE NOTARY ACKNOWLEDEMENT
AND FEDERAL TAX ID ARE REQUIRED. IF NOT
A CORPORATION SOCIAL SECURITY NO. IS
REQUIRED
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Project No. 2017-110
City of Cupertino 00520 - 7 Contract
2017 Pavement Maintenance Project – Phase 2
END OF DOCUMENT
72
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:116-2153 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:11/8/2016 City Council
On agenda:Final action:3/21/2017
Title:Subject: Report on bids and Award a Construction Contract for City Hall Turf Reduction Project, (No.
2017-03)
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
Action ByDate Action ResultVer.
City Council3/21/20171
Subject:ReportonbidsandAwardaConstructionContractforCityHallTurfReduction
Project, (No. 2017-03)
1.Awardaconstructioncontracttothelowbidder,Scapes,Inc.,intheamountofTwo
Hundred Twenty-Three Thousand Dollars ($223,000); and
2.Authorizeaconstructioncontingencybudgetof10%oftheconstructioncontract
amount,Twenty-TwoThousandThreeHundredDollars($22,300),toaddressunforeseen
conditions during construction.
CITY OF CUPERTINO Printed on 3/15/2017Page 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: March 21, 2016
Subject
Report on bids and Award a Construction Contract for City Hall Turf Reduction
Project, (No. 2017-03).
Recommended Action
1. Award a construction contract to the low bidder, Scapes, Inc., in the amount of Two
Hundred Twenty-Three Thousand Dollars ($223,000); and
2. Authorize a construction contingency budget of 10% of the construction contract
amount, Twenty-Two Thousand Three Hundred Dollars ($22,300), to address
unforeseen conditions during construction.
Description
The City Hall Turf Reduction project will replace the turf adjacent to city hall on the
Rodrigues and Torre Aves. sides with new plantings that, when established, will
require less water to maintain. In addition, it will install new plants in the area west of
the entry to city hall from the Plaza. The project will include permeable walking
surfaces on the Torre and Rodrigues sides. The new plantings will also serve as
demonstration gardens for visitors to city hall.
Discussion
The City Hall Turf Reduction project was funded in FY 2017 as part of the on-going
efforts of the City to reduce water consumption and improve the sustainability of
grounds keeping. Another project was funded in the Sustainability Division to install a
demonstration garden to model xeriscape plantings that residents and businesses could
implement on their own properties. The two projects were merged into a single
construction project, extending the scale of the demonstration garden.
Bid Results:
On February 28, 2017 bids were opened for the City Hall Turf Reduction Project. Two
bids were received, with results as follows:
74
Bid Results
Bidder Amount
Scapes, Inc. $223,000.00
Los Loza Landscaping $229,999.00
Expected Expenditure $240,000.00
The low bid was submitted by Scapes, Inc., of Half Moon Bay, California, for the
amount of Two Hundred Twenty-Three Thousand Dollars ($223,000), which is
approximately seven percent below the posted expected expenditure for the project.
Staff evaluated the bid and contractor qualifications concluding that this contractor
meets the qualifications for this project and has successfully completed many landscape
installation projects in the Bay Area. Staff recommends awarding a contract for the
project to the low bidder, Scapes, Inc.
The project is scheduled to begin on or about April 3, 2017 with construction
completion in June/July 2017, which will be followed by a plant establishment period.
A separate project to prepare and install interpretive signage and plant labels will
follow, upon completion of the construction project.
Sustainability Impact
Once established the planted areas will require less water and fertilizer to thrive than
the existing turf had required.
The demonstration garden aspect of the project will be a resource for local residents and
businesses to use as examples of xeriscaping that can be applied at private properties,
furthering educational opportunities by demonstrating innovative water-saving
landscape measures within the city.
CEQA
Exempt
Fiscal Impact
The FY 2016-2017 CIP budget for the City Hall Turf Reduction (Budget Unit 420-99-033)
project along with the contribution of the Sustainability Division special project funding
for a demonstration garden (Budget Unit 100-12-122) is adequate for this project and no
additional appropriation is needed.
75
_____________________________________
Prepared by: Katy Jensen, CIP Program Manager
Reviewed by: Timm Borden, Director of Public Works
Approved for Submission by: David Brandt, City Manager
76
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:117-2394 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:2/27/2017 City Council
On agenda:Final action:3/21/2017
Title:Subject: Consideration of the City Council summer meeting schedule and cancellation of meeting(s)
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
Action ByDate Action ResultVer.
City Council3/21/20171
Subject:ConsiderationoftheCityCouncilsummermeetingscheduleandcancellationof
meeting(s)
ConsidertheCityCouncilsummermeetingscheduleandcancelmeeting(s)orprovidedirection
to staff
CITY OF CUPERTINO Printed on 3/15/2017Page 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: March 21, 2017
Subject
Consideration of the City Council Summer Meeting Schedule and cancellation of
meeting(s)
Recommended Action
Consider the City Council Summer Meeting Schedule and cancel meeting(s) or provide
direction to staff.
Discussion
The City Council routinely cancels one or two meetings during the summer to
accommodate Councilmembers’ vacation plans. Suggested meetings to cancel are July
18 and August 1.
Note: The first Council meeting in July falls on a holiday and the Regular Meeting
would move to the next day, Wednesday, July 5.
Sustainability Impact
None
Fiscal Impact
None
_____________________________________
Prepared by: Grace Schmidt, City Clerk
Approved for Submission by: David Brandt, City Manager
Attachments: None
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:116-1954 Name:
Status:Type:Reports by Council and Staff Agenda Ready
File created:In control:9/1/2016 City Council
On agenda:Final action:3/21/2017
Title:Subject: Report on Committee assignments and general comments
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
City Council3/21/20171
Subject:Report on Committee assignments and general comments
Report on Committee assignments and general comments
CITY OF CUPERTINO Printed on 3/15/2017Page 1 of 1
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:117-2441 Name:
Status:Type:Adjournment Agenda Ready
File created:In control:3/13/2017 City Council
On agenda:Final action:3/21/2017
Title:Subject: Adourn the meeting in memory of Tommy Shwe and Rudy Gottwald
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
Subject: Adourn the meeting in memory of Tommy Shwe and Rudy Gottwald
CITY OF CUPERTINO Printed on 3/15/2017Page 1 of 1
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