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15-164 Royston Hanamoto Alley & Abey for Consultant Services, Cupertino Citywide Parks, Open Space & Recreation Master Plan (2)CUPERTINO January 26 , 2017 Ms. Barbara Lundberg DEPARTMENT OF RECREATION AND COMMUNITY SERVICES QUINLAN COMMUNITY CENTER 10185 NORTH STELLING ROAD• CUPERTINO, CA 95014 TELEPHONE : (408) 777-3120 • FAX : (408) 777-3110 Royston Hanamoto Alley and Abey 225 Miller A venue Mill Valley, CA 94941 Subject: Agreement Conclusion Dear Ms . Lundberg, Please consider this letter a confirmation that the City of Cupertino is concluding the services agreement with Ro yston Hanamoto Alley and Abey dated August 20 , 2015 for the citywide parks , open space and recreation master plan. In accordance with section 20 of the agreement, the city is electing to terminate the agreement for convenience. We thank you for the work that you and your firm performed on behalf of the project and our community. Please feel free to contact me at 408-777-3120 or at the address above if you have any questions. Yours truly, Christine Hanel Assistant Director Department of Recreation & Community Services cc: City Clerk, Finance, file AGREEMENT BETWEEN THE CITY OF CUPERTINO AND ROYSTON HANAMOTO ALLEY AND ABEY FOR CONSULTANT SERVICES FOR CUPERTINO CITYWIDE PARKS, OPEN SPACE & RECREATION MASTER PLAN THIS AGREEMENT, for reference dated August 20, 2015, is by and between CITY OF CUPERTINO, a municipal corporation (hereinafter referred to as "City"), and Royston Hanamoto Alley & Abey, a California corporation, whose address is 225 Miller A venue, Mill Valley, CA 94941 (hereinafter referred to as "Consultant"), and is made with reference to the following: RECITALS: A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the Constitution and the statutes of the State of California and the Cupertino Municipal Code. B. Consultant is specially trained, experienced and competent to perform the special services which will be required by this Agreementi and C. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein. D. City and Consultant desire to enter into an agreement for consultant services relating to preparation of a Citywide Parks, Opens Space and Recreation Master Plan upon the terms and conditions herein. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM: The term of this Agreement shall commence on the date this agreement is executed and shall terminate on December 31, 2017, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED: Consultant shall perform each and every service set forth in Exhibit "A" entitled "Scope of Services" which is attached hereto and incorporated herein by this reference. 3. SCHEDULE OF PERFORMANCE: The Services of Consultant are to be completed according to the schedule set out in Exhibit B, titled "Schedule of Performance ", which is attached hereto and incorporated herein by this reference. 4. COMPENSATION TO CONSULTANT: The maximum compensation to be paid to Consultant under this agreement shall not exceed Three Hundred Seventy Five Thousand Dollars ($375,000.00) for basic services plus an allowance for additional services not to exceed Thirty Seven Thousand Five Hundred Dollars ($37,500.00). The rate of payment is set out in Exhibit C, titled "Compensation", which is attached hereto and incorporated herein. Consultant shall furnish to City a detailed statement of the work performed for compensation during the term of this Agreement. Consultant may submit monthly invoices for interim progress payments during the course of each phase, clearly stating as a minimum the total Contract amount, amount paid to date, percent complete and amount due. 5. TIME IS OF THE ESSENCE: Consultant and City agree that time is of the essence regarding the performance of this Agreement. 6. STANDARD OF CARE: Consultant agrees to perform all services hereunder in a manner commensurate with the prevailing standards of specially-trained professionals in the San Francisco Bay Area and agrees that all services shall be performed by qualified and experienced personnel who are not employed by the City nor have any contractual relationship with City. 7. INDEPENDENT PARTIES: City and Consultant intend that the relationship between them created by this Agreement is that of an independent contractor. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of employment will be acquired by virtue of Consultant's services. None of the benefits provided by City to its employees, including but not limited to, unemployment insurance, workers' compensation plans, vacation and sick leave are available from City to Consultant, its employees or agents. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments, or other purposes normally associated with an employer-employee relationship from any fees due Consultant. Payments of the above items, i£ required, are the responsibility of Consultant. Agreement between City of Cupertino and Royston Hanamoto Alley & Abey Page 2 of 24 8. IMMIGRATION REFORM AND CONTROL ACT (IRCA): Consultant assumes any and all responsibility for verifying the identity and employment authorization of all of his/her employees performing work hereunder, pursuant to all applicable IRCA or other federal or state rules and regulations. Consultant shall indemnify and hold City harmless from and against any loss, damage, liability, costs or expenses arising from any noncompliance of this provision by Consultant. 9. NON-DISCRIMINATION: Consistent with City's policy that harassment and discrimination are unacceptable employer/employee conduct, Consultant agrees that harassment or discrimination directed toward a job applicant, a City employee, or a citizen by Consultant or Consultant's employee or subcontractor on the basis of race, religious creed, color, national origin, ancestry, handicap, disability, marital status, pregnancy, sex, age, or sexual orientation will not be tolerated. Consultant agrees that any and all violations of this provision shall constitute a material breach of this Agreement. 10. PROJECT COORDINATION CITY: Director of Recreation and Community Services shall be representative of City for all purposes under this Agreement. Gail Seeds is hereby designated as the Director of Recreation and Community Services' designee and Project Manager, and shall supervise the progress and execution of this Agreement. CONSULT ANT: Consultant shall assign a single Consultant Project Manager to have overall responsibility for the progress and execution of this Agreement for Consultant. Should circumstances or conditions subsequent to the execution of the Agreement require a substitute Consultant Project Manager for any reason, the Consultant Project Manager designee shall be subject to the prior written acceptance and approval of the City Project Manager. The designated Consultant Project Manager shall be Barbara Lundberg. 11. HOLD HARMLESS: A. Indemnity Obligations Subject to Civil Code Section 2782.8. 1. Where the law establishes a standard of care for Consultant's professional services, and to the extent the Consultant breaches or fails to meet such established standard of care, or is alleged to have breached or failed to meet such standard of care, Consultant shall, to the fullest extent allowed by law, with respect to all services performed in connection with the Agreement, indemnify, defend, and hold harmless the City and its officers, officials, agents, employees and volunteers from and against any and all liability, claims, actions, causes of action or demands whatsoever against any of Agreement between City of Cupertino and Royston Hanamoto Alley & Abey Page 3 of 24 them, including any injury to or death of any person or damage to property or other liability of any nature, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant or Consultant's employees, officers, officials, agents or independent contractors. Such costs and expenses shall include reasonable attorneys' fees of counsel of City's choice, expert fees and all other costs and fees of litigation. Consultant shall not be obligated under this Agreement to indemnify City to the extent that the damage is caused by the sole or active negligence or willful misconduct of City, its agents or employees. 2. Notwithstanding the foregoing, the Consultant has no duty to provide or to pay for an up-front defense against unproven claims or allegations, but shall pay or reimburse the City for its reasonable attorneys' fees of counsel of City's choice, expert fees and all other costs and fees of litigation to the extent caused by the negligence, recklessness, or willful misconduct of Consultant or its employees, officers, officials, agents or independent contractors. However, the Consultant shall provide its immediate and active cooperation and assistance to the City, at no additional cost to the City, in analyzing, defending, and resolving such claims. B. Claims for Other Liability. For all liabilities other than those included within paragraph A. above, Consultant shall, to the fullest extent allowed by law, indemnify, defend, and hold harmless the City and its officers, officials, agents, employees and volunteers against any and all liability, claims, actions, causes of action or demands whatsoever from and against any of them, including any injury to or death of any person or damage to property or other liability of any nature, that arise out of, pertain to, or relate to the performance of this Agreement by Consultant or Consultant's employees, officers, officials, agents or independent contractors. Such costs and expenses shall include reasonable attorneys' fees of counsel of City's choice, expert fees and all other costs and fees of litigation. Consultant shall not be obligated under this Agreement to indemnify City to the extent that the damage is caused by the sole or active negligence or willful misconduct of City, its agents or employees. C. Claims involving intellectual property. In addition to the obligations set forth in (A) and (B) above, Consultant shall indemnify, defend, and hold the City, its elected and appointed officers, employees, and volunteers, harmless from and against any Claim in which a violation of intellectual property rights, including but not limited to copyright or patent rights, is alleged that arises out of, pertains to, or relates to Consultant's negligence, recklessness or willful misconduct under this Agreement. Such costs and expenses shall include reasonable attorneys' fees of counsel of City's choice, expert fees and all other costs and fees of litigation. Agreement between City of Cupertino and Royston Hanamoto Alley & Abey Page 4 of 24 12. INSURANCE: On or before the commencement of the term of this Agreement, Consultant shall furnish City with certificates showing the type, amount, effective dates and dates of expiration of insurance coverage in compliance with paragraphs 12A, B, C, D and E. Such certificates, which do not limit Consultant's indemnification, shall also contain substantially the following statement: "Should any of the above insurance covered by this certificate be canceled before the expiration date thereof, the insurer affording coverage shall provide thirty (30) days' advance written notice to the City of Cupertino, Attention: City Manager." It is agreed that Consultant shall maintain in force at all times during the performance of this Agreement all appropriate coverage of insurance required by this Agreement with an insurance company that is acceptable to City and authorized to do insurance business in the State of California. Endorsements naming the City as additional insured in relation to the commercial general liability and commercial automobile liability policies shall be submitted with the insurance certificates. A. COVERAGE: Consultant shall maintain the following insurance coverage: (1) Workers' Compensation: Statutory coverage as required by the State of California. (2) Liability: Commercial general liability coverage in the following minimum limits: Bodily Injury: Property Damage: $500,000 each occurrence $1,000,000 aggregate -all other $100,000 each occurrence $250,000 aggregate If submitted, combined single limit policy with aggregate limits in the amounts of $1,000,000 will be considered equivalent to the required minimum limits shown above. (3) Automotive: Commercial automotive liability coverage in the following minimum limits: Agreement between City of Cupertino and Royston Hanamoto Alley & Abey Page 5 of 24 Bodily Injury: Property Damage: $500,000 each occurrence $100,000 each occurrence or Combined Single Limit: $500,000 each accident (4) Professional Liability: Professional liability insurance which includes coverage for the professional acts, errors and omissions of Consultant in the amount of at least $1,000,000 per claim and in the aggregate. B. SUBROGATION WAIVER: Consultant agrees that in the event of loss due to any of the perils for which he/she has agreed to provide commercial general and automotive liability insurance, Consultant shall look solely to his/her insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing commercial general and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right to subrogation which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. C. FAILURE TO SECURE: If Consultant at any time during the term hereof should fail to secure or maintain the foregoing insurance, City shall be permitted to obtain such insurance in the Consultant's name or as an agent of the Consultant and shall be compensated by the Consultant for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid. D. ADDITIONAL INSURED: City, its City Council, boards and commissions, officers, employees and volunteers shall be named as an additional insured under all insurance coverages, except any worker's compensation and professional liability insurance, required by this Agreement. An additional insured named herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall riot be required to contribute anything toward any loss or expense covered by the insurance provided by this policy. E. SUFFICIENCY OF INSURANCE: The insurance limits required by City are not represented as being sufficient to protect Consultant. Consultant is advised to confer with Consultant's insurance broker to determine adequate coverage for Consultant. Agreement between City of Cupertino and Royston Hanamoto Alley & Abey Page 6 of 24 13. CONFLICT OF INTEREST: Consultant warrants that it is not a conflict of interest for Consultant to perform the services required by this Agreement. Consultant may be required to fill out a conflict of interest form if the services provided under this Agreement require Consultant to make certain governmental decisions or serve in a staff capacity as defined in Title 2, Division 6, Section 18700 of the California Code of Regulations. 14. PROHIBITION AGAINST TRANSFERS: Consultant shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. However, claims for money by Consultant from City under this Agreement may be assigned to a bank, trust company or other financial institution without prior written consent. Written notice of such assignment shall be promptly furnished to City by Consultant. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant, if Consultant is a partnership or joint venture or syndicate or cotenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. Control means fifty percent (50%) or more of the voting power of the corporation. 15. SUBCONTRACTOR APPROVAL: Unless prior written consent from City is obtained, only those people and subcontractors whose names are included in this Agreement shall be used in the performance of this Agreement. In the event that Consultant employs subcontractors, such subcontractors shall be required to furnish proof of workers' compensation insurance and shall also be required to carry general, automobile and professional liability insurance in reasonable conformity to the insurance carried by Consultant. In addition, any work or services subcontracted hereunder shall be subject to each provision of this Agreement. 16. PERMITS AND LICENSES: Consultant, at his/her sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, certificates and licenses including, but not limited to, a City Agreement between City of Cupertino and Royston Hanamoto Alley & Abey Page 7 of 24 Business License, that may be required in connection with the performance of services hereunder. 17. OWNERSHIP OF WORK: A. Any interest (including copyright interests) of Consultant and its subconsultants in each and every study, document, report, draft, memoranda, work product, map, record, plan, drawing, specification and other deliverable, in any medium prepared or created by Consultant or its subconsultants pursuant to or in connection with this Agreement, shall be the exclusive property of City. To the extent permitted by Title 17 of U.S. Code, all work product prepared or created under this Agreement shall be deemed works for hire and all copyrights in such works shall be the property of City. In the event that it is ever determined that any works prepared or created by Consultant or any subconsultant under this Agreement are not works for hire under U.S. law, Consultant hereby assigns to City all copyrights to such works when and as created. With Owner's prior written approval, Consultant may retain and use copies of such works for reference and as documentation of its experience and capabilities and in its promotional materials. With respect to Consultant's standard details, Consultant may retain the copyright, but grants to City a perpetual non-exclusive license to use such details in connection with the Project. B. Without limiting any other City right to any of the works prepared or created by Consultant or its subconsultants, all works may be used by City in execution or implementation of: (1) The original Project for which Consultant was hired; (2) Completion of the original Project by others; (3) Subsequent additions to the original project; and/or (4) Other City projects as appropriate. C. Any City reuse of works shall be subject to California Business and Professions Code Sections 5536.25, 6735, 6735.3 or 6735.4, if and to the extent applicable. Any City reuse of works for any purpose other than those in B(l) through B(3) above, and any modifications to any of the works, shall be at City's sole risk and expense. D. Consultant shall, at such time and in such form as City may require, furnish reports concerning the status of services required under this Agreement. E. All written work required to be provided by this Agreement (other than large- scale architectural plans and similar items) shall be printed on recycled paper and shall be copied on both sides of the paper except for one original, which shall be single sided. Agreement between City of Cupertino and Royston Hanamoto Alley & Abey Page 8 of 24 F. No work, information or other data given to or prepared created or assembled by Consultant or any of its subconsultants pursuant to this Agreement, shall be made available to any individual or organization by Consultant or any subconsultant without prior approval by City. G. Electronic and hard copies of Consultant's work product shall constitute the Project deliverables. Plans shall be in CAD and PDF formats, and other documents shall be in Microsoft Word and PDF formats. 18. RECORDS: Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to such books and records to the representatives of City or its designees at all proper times, and gives City the right to examine and audit same, and to make transcripts there from as necessary, and to allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained for a period of three (3) years after receipt of final payment. If supplemental examination or audit of the records is necessary due to concerns raised by City's preliminary examination or audit of records, and the City's supplemental examination or audit of the records discloses a failure to adhere to appropriate internal financial controls, or other breach of contract or failure to act in good faith, then Consultant shall reimburse City for all reasonable costs and expenses associated with the supplemental examination or audit. 19. NOTICES: All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States Mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests, or approvals from Consultant to City shall be addressed to City at: City of Cupertino Dept. of Recreation & Community Services 10300 Torre Ave. Agreement between City of Cupertino and Royston Hanamoto Alley & Abey Page 9 of 24 Cupertino CA 95014 Attention: Carol Atwood All notices, demands, requests, or approvals from City to Consultant shall be addressed to Consultant at: RHAA 225 Miller Avenue Mill Valley, CA 94941 Attention: Barbara Lundburg 20. TERMINATION: In the event Consultant fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, Consultant shall be deemed in default in the performance of this Agreement. If such default is not cured within the time specified after receipt by Consultant from City of written notice of default, specifying the nature of such default and the steps necessary to cure such default, City may terminate the Agreement forthwith by giving to the Consultant written notice thereof. City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Consultant as provided herein. Upon termination of this Agreement, each party shall pay to the other party that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. In the event of termination, Consultant shall deliver to City, copies of all reports, documents, and other work performed by Consultant under this Agreement. 21. COMPLIANCES: Consultant shall comply with all state or federal laws and all ordinances, rules and regulations enacted or issued by City. 22. CONFLICT OF LAW: This Agreement shall be interpreted under, and enforced by the laws of the State of California excepting any choice of law rules which may direct the application of laws of another jurisdiction. The Agreement and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this Agreement (or the successors of those authorities.) Any suits brought pursuant to this Agreement shall be filed with the courts of the County of Santa Clara, State of California. Agreement between City of Cupertino and Royston Hanamoto Alley & Abey Page 10 of 24 23. ADVERTISEMENT: Consultant shall not post, exhibit, display or allow to be posted, exhibited, displayed any signs, advertising, show bills, lithographs, posters or cards of any kind pertaining to the services performed under this Agreement unless prior written approval has been secured from City to do otherwise. 24. WAIVER: A waiver by City of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character. 25. INTEGRATED CONTRACT: This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. 26. GIFTS: A. Consultant is familiar with City's prohibition against the acceptance of any gift by a City officer or designated employee, which prohibition is found in City Administrative Procedures. B. Consultant agrees not to offer any City officer or designated employee any gift prohibited by the Administrative Procedures. C. The offer or giving of any prohibited gift shall constitute a material breach of this Agreement by Consultant. In addition to any other remedies, City may have in law or equity, City may terminate this Agreement for such breach as provided in Section 19 of this Agreement. 27. INSERTED PROVISIONS: Each provision and clause required by law to be inserted into the Agreement shall be deemed to be enacted herein, and the Agreement shall be read and enforced as though each were included herein. If through mistake or otherwise, any such provision is not inserted or is not correctly inserted, the Agreement shall be amended to make such insertion on application by either party. 28. CAPTIONS: The captions in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit or amplify the terms or provisions of this Agreement. Agreement between City of Cupertino and Royston Hanamoto Alley & Abey Page 11of24 P.O. No.: '}.,(')'"' -'317 IN WITNESS WHEREOF, the parties have caused the Agreement to be executed. CONSULTANT By·_,bL.'...L.32....~~~'ftPt-"VV' Name PJJ~ara Lu;rtlba;u( Title~ Date $tt:JfunhV' /ljl W/'5 Tax I.D. No.: qtj "/ {/ qq"' Cf 2- Address: 225 Miller Ave. Mill Valley, CA 94941 Date_/_(_,...._2-_/_S~_ APPROVED AS TO FORM: (JuwlA---: ~ Carol Korade, City Attorney Agreement between City of Cupertino and Royston Hanamoto Alley & Abey ATTEST: ~~hf<ttrr Grace Schmidt, City Clerk Contract Amount: $412,500.00 Account No. : 4'2 CJ-99-030• . . 9l)l>-... 9 OE Page 12 of 24 EXHIBIT A SCOPE OF SERVICES Royston Hanamoto Alley & Abey (RHAA) will be the prime consultant and coordinate the work of the subconsultants. Subconsultants include: The Sports Management Group, 2607 ih Street, Berkeley, CA 94710 Applied Development Economics, 2555 Y gnacio Valley Road, Suite 22, Walnut Creek, CA 94596 The consultant will provide services to the City that will result in a comprehensive master plan that assesses current park space, recreation facilities and recreation programs and current and pnJjected community needs to guide future programmatic decisions and capital improvement planning. The anticipated scope of services follows. Monthly project meetings with the city project team and advisory group are intended during the process. Onsite project meetings in Cupertino are as noted in the scope below, or project meetings may be scheduled to take advantage of other tasks involving meetings/workshops that are noted to occur in Cupertino. In the absence of this, monthly project meetings may occur via telephone or a Go To Meeting process. TASKA. WorkPlan Prior to embarking on the tasks to be performed under this Scope of Work, Consultant will meet with City Staff to finalize a detailed work schedule and identify all information to be provided by City Staff. Consultant will develop and propose a public outreach/community engagement plan. Public outreach will be designed to engage all age groups and provide an interactive forum for residents to share their views regarding recreation facilities, services, unmet needs, and what they "value." City will review Consultant's proposed approach and refine in collaboration with Consultant. This task will establish key dates, and coordinate dates with City events, promotions, and launching of new season programs. This task will develop a list of community publicity resources and networking opportunities. This task will develop a list of key stakeholders and individuals to interview or involve. Key stakeholder groups will be used to help collect input regarding current facility usage, current and future needs, and potential partnering opportunities. The work plan will confirm the role and participation for an advisory process as appropriate, and the primary role envisioned for the Parks and Recreation Commission. Meetings • Kickoff Meeting with City Staff, review scope, process, and schedule Agreement between City of Cupertino and Royston Hanamoto Alley & Abey Page 13 of 24 Deliverables • Work Schedule updated periodically • Updated Work Scope • Identify relevant stakeholders TASK B. City Policy and Standards Review Consultant shall assemble and review all existing City of Cupertino planning documents to ensure compatibility with the final Parks, Open Space, and Recreation Master Plan recommendations. Consultant shall also conduct a meeting with City staff to review current park conditions, maintenance practices, as well as city standards and policies, and to collect and utilize City staff's existing documentation regarding park infrastructure. Consultant shall evaluate the City's existing Capital Improvement Program; Stevens Creek Corridor Master Plan [2006 document and new document in prep]; McClellan Ranch Master Plan Update 2012; General Plan/Community Vision 2040; Bicycle Transportation Plan 2011 and 2015 Update; South Valko Connectivity Plan Dec. 2014; ADA Self Evaluation Transition Plan April 2015; and other applicable documents. Meetings • 3 City Staff/Advisory Meetings -planning focus; recreation programs focus; public works focus including maintenance/infrastructure • 3 City Staff meetings to review findings Materials to be provided by City: • City Gener a 1 Plan/Community Vision 2040 • Park & Recreation Facility record documents as available and/or GIS base maps • Recent Quarterly Recreation Brochures • Trail Plans • City standard details and specifications Deliverables • Consultant shall provide a Draft and Final Report summarizing existing infrastructure; currently proposed or pending improvements; maintenance practices and policies. TASK C. Existing Parks, Open Space and Recreation Facilities and Programs Inventory/ Analysis The consultant is to compile a comprehensive inventory and analysis of all parks, open spaces, trails, and programs and services offered by the existing recreation facilities. Consultant shall notify Public Works staff prior to site visits or site reviews throughout the process. The inventory should include an analysis of the user groups and times and types of usage for primary facilities. An analysis of the City's recreational programs is to Agreement between City of Cupertino and Royston Hanamoto Alley & Abey Page 14 of 24 be performed as part of this task to determine the level of recreational needs currently being met and to identify those recreational areas that are lacking or not being served in Cupertino. This task is also to include the review and identification of potential locations to improve and expand the City's recreational facilities as well as identifying potential revenue sources, operating and maintenance requirements. The inventory and analysis is to include (for each individual park, trail, open space and recreational facility): • Location • Size and Boundary • Use -Neighborhood or Regional • History as applicable -provided by City (past renovations) • Current condition • Facilities -inventory of all park and recreational facilities (playgrounds, play fields, ball courts, pools, gyms, trails, restroom, structures, parking capacity) • Recreation programs -scheduled programs throughout the year (services provided by City) • Compliance with ADA requirements (see 2015 citywide report) • Constraints -Consultant to identify any features that compromise the full potential of the park • Opportunities -Consultant to identify opportunities to expand or enhance recreational opportunities • Operations and maintenance -Consultant to review with City and contracted maintenance staff, including issues related to current and projected operations and maintenance requirements • Trail, park and recreational facility expansion -Consultant shall identify potential areas such as use of existing easements, future potential acquisitions from willing sellers, and city-owned land to create community parks and/or facilities, connect gaps in the existing trail network, and other opportunities to expand the park system including using existing city-owned or contracted land • School facilities -Consultant to review school playfield facilities, potentially available court or swim facilities, and potential uses • Evaluate opportunities to increase sustainability practices such as reducing turf, energy and water consumption, etc. Meetings • 3 City Staff/advisory and maintenance review meetings • 1 Cupertino Union School District review meeting • 1 Fremont Union High School District review meeting Deliverables • Cupertino meeting agenda • Existing Recreation Facilities and Programs Inventory/Analysis and Potential Venues draft and final report Agreement between City of Cupertino and Royston Hanamoto Alley & Abey Page 15 of 24 TASK D. Gather Input and Assess Community Needs This phase includes the community outreach process, to solicit community input to assist with determining how Cupertino parks, trails, open spaces and recreation facilities can better meet the needs of the community. The community outreach and public input process will be integral to the parks, trails and recreation master planning process. The consultant shall prepare a community outreach agenda and hold an anticipated five (5) community meetings and up to five (5) stakeholder meetings to gather input. Stakeholder groups are to be identified in collaboration with City staff. It is anticipated that much of this task will occur concurrently with Task C. The intention is that public outreach and stakeholder and community input will be secured early enough that it can help shape the analysis that is performed in Task C. Stakeholders will be contacted and a series of group meetings scheduled to discuss their specific needs and program participation trends. The scope of work includes meetings with 5 individual groups. Consultant will also conduct phone interviews with up to 20 key community members. Up to 5 workshops/community meetings will be held. The first workshop is expected to focus on a presentation of the inventory, analysis and needs assessment information prepared during the first 2 tasks. Consultant will prepare presentation materials (graphics, maps, Powerpoint etc.). The workshop is anticipated to be an open public forum designed to promote quality interaction through large and small group discussions, possible prioritization exercises, and comment sheets. Comment sheets can help capture additional comments as they arise and invite participation by persons not comfortable with public speaking. They are expected to be used throughout the project. Consultant will record the comments received and incorporate them into the Needs Assessment. The first workshop may be held twice, at different times and locations. The second public workshop is expected to focus on eliciting feedback and comments on the master planning proposals and develop consensus on priorities. This workshop is expected to be interactive, with draft action plan recommendations presented for review and feedback. Consultant will record comments received and incorporate them into the Needs Assessment and plan process. This second workshop may be held twice at different times and/or locations. A third workshop is expected to present priorities for park and facilities improvements, goals, objectives and action items as well as survey results for discussion and comment. Intercept surveys are recommended. Consultant suggests attending 3 community events to engage the public in the outreach process. A station will be set up with maps and photos of existing facilities to ask community members to vote on graphics and/or complete a survey. This "intercept" method helps solicit opinions from nonresidents who use city Agreement between City of Cupertino and.Royston Hanamoto Alley & Abey Page 16 of 24 park facilities. As agreeable to City, Consultant may implement one or more intercept survey events in lieu of a workshop or meeting or other task, or City staff may conduct intercept events and provide the resulting input to Consultant. Outreach will be conducted through the City's website. Consultant will provide web- ready uploads for City to post, including products, surveys, and other supporting data. Outreach will include use of social media sites. Consultant will engage the broader public through interactive information sharing such as Facebook, Twitter and other platforms. The consultant shall prepare a study session presentation with the City of Cupertino 's Parks and Recreation Commission to review policies, goals and objectives of the Parks, Open Space and Recreation Master Plan Project and to receive input and feedback from the Commissioners. The presentation should include the feedback and recommended priorities received from the community meetings. A sample community survey should be reviewed with the Commission at this time. A list of projects shall be developed with the community, stakeholders, the Commission and City Council that could be coordinated with the polling of the community for prioritization, and for potential community support of a future parks bond measure, if requested. Meetings • City Staff review meetings including community meeting agenda and presentation • 5 Community meetings • 5 Stakeholders meetings • 1 Parks and Recreation Commission presentation • 1 Commission, Committee or other public meeting presentation • 1 City Council presentation Deliverables • Community Meeting Agendas • Community Meeting Report-one for each meeting • Stakeholders Meeting Agendas • Stakeholders Meeting Report -one for each meeting • Parks and Recreation Commission study session agenda & presentation • Parks and Recreation Commission study session report • Community Survey Sample for Parks and Recreation Commission Review • Commission and Council presentations and reports TASK E. Draft Parks, Open Space and Recreation Master Plan Report The draft City Wide Parks, Open Space and Recreation Master Plan Report is to analyze all of the data from the previous tasks and synthesize that information into a comprehensive Agreement between City of Cupertino and Royston Hanamoto Alley & Abey Page 17 of 24 report. The consultant is to make recommendations which take into account the current and future needs related to parks, conditions of existing facilities, and cost of modifications in recommending how the current parks, trails, open space and recreational facilities and recreational programming should be maintained, modified or enhanced to serve short, medium and long range needs of the community. Cost estimates shall be provided for all options. The recommendations and prioritization of recreational needs will be reviewed and discussed at a community meeting and with the Parks and Recreation Commission and with the Planning Commission. Consultant is to work with City staff and an advisory committee/process as defined in Task A in preparing the draft Master Plan Report. The report should include a matrix that summarizes the findings for each park, trail, open space and recreational facility and program, in a clear a concise format. For the Memorial Park/Quinlan Community Center/Senior Center/Sports Center area, the analysis and recommendations shall include a Concept Plan and layout for the property anticipated as more detail than a bubble diagram but not a completely detailed schematic design; parking shall be evaluated also. Consultant shall provide an alternative concept for a different level of use intensity and site modification. An administrative draft of each major chapter/section of the draft Master Plan shall be provided to city staff for review. Analysis Section The Report is to gather and summarize the analysis aspect of the Master Planning process. A Demographic Analysis will be included. This analysis identifies the status and changes in age groups, family households, income, educational attainment, spending habits, and other information that can be used to project recreation demand and likely participation. Recreation interests vary based on these factors and other demographic characteristics. Projections will be made for short and medium-term stages, with long-term expectations. This analysis of population is intended to provide insights into likely programs, activities, and underserved groups for future planning considerations. The demographic profile for the study area is generated from multiple sources of demographic data, including: • City of Cupertino census data • City of Cupertino school district data • U.S. Dept. of Commerce • National Parks and Recreation Society survey data • Neilson site reports • Association of Bay Area Governments 2030 forecast A Recreation Trends analysis will be included. State and national social, economic, environmental and recreational trends have a significant impact on the demand and delivery of recreational services. The Sports Management Group (TSMG) will identify the trends impacting the service area and the unique characteristics of Cupertino's population that are most likely to impact recreational services now and in the future. The planning Agreement between City of Cupertino and Royston Hanamoto Alley & Abey Page 18 of 24 implications for recreation programs, services and facilities will be identified. Specific Cupertino demographic trends will be examined and used to help ensure the trends analysis reflects the local community. The overall Analysis Section is to include information from: • Analysis, prioritization and assessment of the parks, trails, open space and recreational facilities and programs • Development of matrices that assist in the prioritization and selection of short, medium and longterm park, facility and programming improvements • City staff input • Demographic analysis and Recreation Trends analysis • Community meetings input • Community survey • Parks and Recreation Commission input Development of Short, Medium and Long Term Projects and Programs The Report is to include the identification of short, medium and long term capital projects and recreation programs, including both standard renovations and installation of new facilities, and current programs and desirable future programs that span the next approximately two decades. Prioritization criteria shall be included to guide the strategy. • Areas where outdated or underutilized facilities should be redeveloped • New specialized facilities that should be considered • New key facilities (aquatic center, teen center, gymnasium, play fields, etc.) that should be considered • Playgrounds or facilities that do not conform with ADA standards (see also 2015 report) • New and expanded recreational programs and associated recommendations • A timeline and budget to accomplish the goals of the Parks, Open Space and Recreation Master Plan • Establish cost analysis including capital, operational and maintenance costs for all expansions and improvements that are recommended • Potential revenue sources -Consultant to identify areas of potential revenue for park and open space facilities (note, a new citywide fee analysis is expected to prepared late 2015/early 2016) Management and Implementation Section The report is to include a Management and Implementation section. This Section is to include: • Goal, strategies, priorities and action items • Identify areas of possible revenue generation • Identify potential sources of funding • Identify the responsible party or group for achieving the goals and objectives of the Master Plan Agreement between City of Cupertino and Royston Hanamoto Alley & Abey Page 19 of 24 • Identify items that will require additional staff time for operation or maintenance • Establish a time frame for accomplishing each task Meetings • 3 City Staff review meetings of admin draft, public draft and final reports • 1 Community Meeting • 1 Stakeholders Meeting • 1 Additional public or stakeholder meeting TBD • 1 Parks and Recreation Commission Meeting • 1 Commission, Committee or other public meeting presentation TBD (Teen Commission, Bicycle Pedestrian Commission e.g.) • 1 Planning Commission Meeting or Council study session Deliverables • Cost and funding sources draft and final study • Capital improvement recommendations draft and final study • Master Plan elements noted above • Community Meeting Agenda • Community Meeting Report-oneforeachmeeting • Stakeholders Meeting Agenda • Stakeholders Meeting Report -one for each meeting • Parks and Recreation Commission meeting agenda & presentation • Parks and Recreation Commission meeting report • Planning Commission meeting agenda & presentation • Planning Commission • Parks, Open Space and Recreation Draft Master Plan report TASK F. Park Site Master Plans The Consultant is to create an individual site master plan (conceptual design diagram of proposed renovations/modifications) and a written summary for each individual park/facility including city parks/recreation facilities, 10 school district sport field sites, developer urban parks, and as applicable Santa Clara County parks and Mid peninsula Regional Open Space District sites. Each site plan and summary shall identify: • New facility or amenities components and suggested location(s) • Potential for expansion: Size or facilities • Components to be removed if any • Site improvements • Parking needs, parking area sizes and capacity, and recommended circulation improvements if applicable • Timing-Recommended approx. schedule of improvements/renovation over the next approximately two decades • Cost analysis of operations, maintenance and capital improvements Agreement between City of Cupertino and Royston Hanamoto Alley & Abey Page 20 of 24 • Operations and maintenance recommendations • Sustainable upgrade recommendations Meetings • City Staff review of plans • The meetings noted in Task E above may be scheduled to include review of the Park Site Master Plans of this Task F. Deliverables • Site Master Plans TASK G. Community Master Plan Review The Consultant is to present the Draft Master Plan Report and Site Master Plans to the community for feedback and input. Meetings • 2 Community meetings Deliverables • Community Meeting Agenda • Community Meeting Report TASK H. City Commissions & Officials Review The Consultant is to present the Draft Master Plan Report and Park Master Plans to the City's Commissions and elected officials for input and feedback, anticipated to be in a study session format. Meetings • 1 Parks and Recreation Commission meeting • 1 Commission meeting (Parks & Recreation Commission, Planning Commission or joint meeting) (possible Study Session) • 1 City Council meeting (possible Study Session) Deliverables • Meeting Agenda & Presentations • Meeting Summary Reports -one for each meeting Agreement between City of Cupertino and Royston Hanamoto Alley & Abey Page 21of24 TASK I. Parks, Open Space and Recreation Master Plan Upon final comment by City bodies, commissions and the community, the consultant is to revise the Draft Master Plan Report and individual Park Site Plans to reflect the input received. This revised document shall be finalized as the Parks, Open Space and Recreation Master Plan. Upon its completion the consultant shall present the Master Plan to the Commissions for their review and recommendation and to City Council for approval. Meetings • 1 Parks and Recreation Commission meeting • 1 Planning Commission meeting • 1 City Council meeting -plan approval Deliverables • Parks, Open Space and Recreation Master Plan ( 4 printed/bound copies; 1 unbound copy; 1 electronic copy in format acceptable to the City) Agreement between City of Cupertino and Royston Hanamoto Alley & Abey Page 22 of 24 EXHIBITB SCHEDULE OF PERFORMANCE A detailed performance schedule will be developed as part of Task A. The overall project schedule includes: Council authorizes negotiation of consultant services agreement: August 2015 Execution of consultant services agreement: September 2015 Begin Task A and B: late September 2015 Begin Task C: October 2015 Begin Task D: November 2015 Task I is anticipated to occur January-March 2017 but may be adjusted by mutual consent of City and Consultant. Agreement between City of Cupertino and Royston Hanamoto Alley & Abey Page 23 of 24 EXHIBIT C COMPENSATION COMPENSATION for Basic Services Task A TaskB TaskC TaskD TaskE TaskF TaskG TaskH Task I Subtotal, Services, Tasks A - I Reimbursable Expenses Allowance Basic Services, Not to Exceed: Additional Services Allowance: TOTAL CONTRACT, Not to Exceed: $ 5,185 17,340 64,240 47,350 127,590 63,555 12,600 5,890 26,450 $370,200 $4,200 $375,000 $37,500 $412,500 An allowance for Additional services is provided, to be expended only upon advance City authorization, in writing, for work outside the scope of basic services. Additional Services, if agreed to by the City, shall be billed at the attached rates. $-- Agreement between City of Cupertino and Royston Hanamoto Alley & Abey Page 24 of 24 LANDSCAPE ARCHITECTURE+ PLANNING RHAA 2015 per hour Billing Rates Partner/Principal 2 $190.00 Principal 1 Principal Senior Associate 1 Senior Associate 2 Senior Assistant Senior Project Mgr Associate 1 Associate 2 Assistant 1 Assistant 2 Tech 1 Tech 2 Controller Cost Accountant $185.00 $180.00 $175.00 $155.00 $145.00 $140.00 $135.00 $125.00 $115.00 $110.00 $105.00 $100.00 $150.00 $135.00 The Sports Management Group per hour Billing Rates Principal $190 Senior Associate $145 Architect $180 Staff $100 1 Applied Development Economics, Inc. per hour Billing Rates Doug Svensson, President Doug Yount, Principal Macy Leung, Senior Associate Peter Cheng, Senior Associate Tony Daysog, Senior Associate Production Manager $175.00 $175.00 $135.00 $135.00 $135.00 $ 70.00 2 CUPERTINO November 10, 2015 RHAA 225 Miller A venue Mill Valley, CA 94941 Attn: Barbara Lundburg OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE• CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3223 •FAX: (408) 777-3366 WEBSITE: www.cupertino.org Re: Agreement for consulting services for Cupertino Citywide Parks, Open Space & Recreation Master Plan Enclosed is a signed copy of the above-stated agreement with the City of Cupertino. If you have any questions or need additional information, please contact the Recreation and Community Services Department at 408-777-3110. Sincerely, Kirsten Squarcia Deputy City Clerk Enclosure cc: Recreation and Community Services