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Consultant Services - Sua Inc - 1976
Ccrisul.ta'n.t Services f r , AGREEMENT FOR CONSULTANT SERVICES CITY OF CUPERTINO CORPORATION YARD - MASTER PLAN THIS AGREEMENT, entered into this 16th day of August 1976 , by and between the CITY OF CUPERTINO, hereinafter called "CITY", and SUA, INC. , a California corporation, with a place of business at 10880 Wilshire Boulevard, Los Angeles , California 90024, hereinafter called the "CONSULTANT". WITNESSETH: WHEREAS, the CITY desires a space utilization s`udy and master site plan for the de-ieiopment of the City of Cu�ertino's Corporation Yard; and, WHEREAS, such a design and study requires specialized expertise in the evaluation of f.acii .ty requirements , engineering and knowledge of construction; and, WHEREAS, the CITY desires the services of a professionax facilitie_, pro- gramming consultant skilled in these fields; and, WHEREAS, the ::ON.SULTANT is qualified, experienced and has facilities to provide the required professional consulting services; NOW, THEREFORE, CI:-Y and CONSULTANT agree as follows 1. EMPLOYMENT OF CONSULTANT The CITY hereby agrees to engage the CONSULTANT to perform the technical and professional services as hereinafter set forth. II. SCOPE OF SERVICES A. Attached marked Exhibit A. n B. The CONSULTANT will furnish a full set of sepias, four (4) prints of the plans, and ten copies ©f the report. The plans shall be submitted no later than thirty (30) calendar days from the date of execution of this agreement by the CITY and the CONSULTANT. III. SERVICES PROVIDED HY THE CITY In cooperation with the CONSULTANT, the CITY will obtain or otheawi, provide if .requested: A. Planning data, policy guidance and technical staff coordination and review as required for timely completion of the project. B. City ordinances .applicable to the project. C. Other planning data, surveys, reports or documents in CITY files applicable to the conduct of the project. IV. COMPENSATION It is agreed that the total cost to CITY will not exceed five thousand dollars ($5,000.00) , and CONSULTANT agrees to perform the services within such cost. V. CHANGES IN SCOPE OF PROJECT If conditions necessitate a change in the scope of work, such change shall be cause for reLagotiation of the contract for that portion of the project. VI. RESPONSIBILITY OF CONSULTANT The CONSULTANT is retained as a professional cons,iltant to the CITY and agrees to utilize his professional skill and best efforts in the per- formance of the specified services. -2- i VII. DELAYS In the event C0NSULTANT is delayed in the timely prosecution of technical studies hereunder by CITY, its staff or employees, by other agencies, or is delayed by an act of God, or through no fault cn the part of the CON- SULTANT, CONSULTANT shall present to CITY a written request for an exten- sion of time for the performance of the project. Approval of such extension of time by CITY shall not be unreasonably withheld and such additional time as CITY approves shall be added to the time for completion. VIII. CONSULTANT AS INDEPENDENT CONTRACTOR It is expressly agreed that in the performance of the services necessary for the performance of this AGREEMENT, the CONSULTANT shall be, and is, an independent contractor. The CONSULTANT has and shall retain the right to exercise full control and supervision of the services, and full control over the employment, direction, compensation, and discharge of all persons assisting him in the performance of his services hereunder. The CONSULTANT shall be solely responsible for all matters relating to the payment of his employees , including compliance with social security, withholding, and all other regulations governing such matters, and shall be solely responsible for his own acts and those of his subordinates and employees. IX. NON-ASSIGNMENT OF AGREEMENT This agreement shall not be assigned, sublet or transferred by the CON- SULTANT in whole, or in part, without the written consent of the CITY. X. OWNERSHIP OF DOCUMENTS The CITY shall become owner of all data, reports and drawings, plans or other material collected pursuant to this AGREEMENT. -3- i XI. INTEREST OF PUBLIC OFFICIALS No member, officer or employee of CITY or of a local public body during his tenure or for one year thereafter shall have an interest, direct or indirect, in this AGREEMENT or the proceeds thereof. IN WITNESS WHEREOF, the CITY, through its duly authorized representative, and the CONSULTANT, have affixed their hands the day and year first above written. CITY OF CUPERTINO, a municipal corporation of the State of California B Approved as to form: Robert W. Quinlan City Manager C SUA, 13C. David H. Adams City Attorney �� By -4- ®o� _ ffiiIBIT "A" PROPOSAL TO THE CITY of CUPERTINO, CALZFOJRNXA I. SCOPE of WORK As Consultant to the City of Cupertino, California, SUA proposes to develop a building program, site plan, and program implementation budget for a new field operations yard. Additionally, SUA will provide the staff services necessary to prepare an application for 100% Federal con- struction funding under the Public Works Employment Act of 1976. The planning effort will be designed to carefully evalu- ate existing City field operations, personnel, and space requirements and those at a specified point in the future it order to produce a plan for construction that will effectively meet lo"g-term functional requirements. In addition, the effort will be scheduled to produce a site plan by early September to ensure that design can be completed to the point required to begin construction within the time constraints of the Act. The grogram developed will include all City units pre- sently occupying the existing City yard. Personnel and space needs will be developed and projected to meet service requirements for a City population of 25,000 and 60,000. A precise site plan will be developed for a site identified by the City to meet the projected population requirement and will be phased as appropriate. II. PROGRAM OF WORK To accomplish the objectives described above, SUA will conduct the following program of work : 1. Identify present and future field service requirements of the City and their impact on yard personnel and space needs. a. Analyze! present responsibilities, methods of operation, service levels, and organization of the units included in the project. Define numbers and types of personnel, equipment, and materials used by each unit. -1- of 3 PROPOSAL TO THE C:[TY OF CUh'ERTINO, CALgF RNTA b. Analyze new programs, potential ch_ Ales in service levels, possible organizational changes, techno- logical change, and other factors that may be expected to- affect future staffing and space needs. c. Define personnel and equipment requirements by organizational unit for a City population of 25,000 and 60,000. 2. Develop a set of space standards that will provide an effective allocation of space for each functional component. Standards will be determined based can an analysis of the City operations and the Consultant's extensive experience in government yard planning and design. 3. Define space requirements for the yard by applying space standards to the personnel and equipment needs resulting in a tabulation of requirements by organiza- tional u1iit, functional area, and total yard. 4. Develop a yard building program which organizes the space requirements into a statistical plan for the new yard indicating how space should be grouped and arranged to effectively meet functional requirements. The program will serve as the basis for site planning as well as construction cost estimates. 5. Prepare a construction cost estimate based on the square footage requirement. The estimate will include cost of construction, site prepration, and professional fees. 6. Prepare a precise, to-scale site plan for the proposed new yard defining the location of all proposed :structures, parking or storage, and delineating the circulation pattern, ingress and egress, and landscaped areas. The site plan will be developed as the precise ;plan for the proposed yard, defining the location of all uses to occur on the site, their relationship to one another, and the physical configuration of each. It will be based on a consideration of cost, function, and aesthetic factors, and attempt to achieve the most effective combination of each. The final site plan, combined with statistical -2- of 3 PROPOSAL TO THE CITY OF CUPERTINO, CALIFORNIA data upon which it is based, will provide the basic information required to initiate architectural design for specific yard components and will be the first stage of the desig. procass. 7. Prepare an application for a grant to become 100% Federal funding under the Public Works Employment Act of 1976. Preliminary work will be accomplished concurrent with the above activities and completion will be expedited to ensure submission of the appli- cation in early September. III. TIME SCHEDULE AND PROJECT PRODUCTS The time constraints of the Public Works Act demand that 3 all materials required for application be completed at an early date. For this reason the work program will be structured to produce the basic data and concepts required to initiate architectural design by early September. SUA will begin project work immediately upon receipt of authorization. Following analysis of requirements and development of a space program, SUA will present a detailed statistical evaluation of needs and recommendations and will meet with City officials to discuss the data. Upon approval of the recommendations by City officials, SUA will prepare a site plan based on the recommended building program. A prelimin- ary concept will be presented to City officials and, following discussions, a final plan proposed. This informa- tion will provide the necessary foundation for architectural design and will be available in early September. Following presentation of this material, SUA will prepare a final report presenting, in writing, all findings and recommenda- tions presented in the previous discussions. The following specific items will be produced and delivered to the client: } A report including: Space Standards Personnel and Space Requirements Vehicle Parking and Maintenance Hay Requirements Building Program Construction Cost Estimates A site plan -3- of 3 � c To E1_len Pagnini, Deputy City Clerk F-Im Bert J. Viskovich, Dir. of Public Works Dote Aug. 18, 1976 cJtject Corporation Ward Master Plan Transmitted for your tiles is a fully executed copy of Af-rec-ment for — Consultant Services fcr the referenced project. sm attach. i i s. CITY OF CUPERTINO, STATE OF CALIFORNIA CC-331 10300 Torre Avenue, Cupertino, California 95014 Page 2 Telephone: 252-4505 MINUTES OF THE ADJOURNED REGULAR. MEETING OF rHE CITY COUNCIL HELD ON AUGUST 3, 1976, IN THE COUNCIL. CHAMBER, CITY HALL CUPERTINO,, CALIFORNIA SALUTE TO THE FLAG The meeting wx•s convened by Mayor Meyers at 7:38 p. m. in the Council Cham- ber of the City Hall. ROLL CALL Counc. Present: Frolich, Jackson, Nellis (7:51 p. m.) , Mayor Meyers Counc. Absent: O'Keefe Staff Present: City ?tsanager Quinlan Director of Administrative Services Ryder City Attorney Adams Director of Public Works Viskovich Director of Parks and Recreation. Butler Assistant Planning Director Cowan ARCHITECTURAL AND SITE APPROVAL APPLICATIONS 8. Application HC-51,218.2 - Gene Pinkston (A 6 W) requesting approval of landscaping for an e..isting restaurant located .-t the northwest corner of Stevens Creek Boulevard and Portal Avenue. Recommended for approval. It was moved by Counc. Jackson, seconded by Counc. Meyers and passed with Application Counc. Frolich dissenting that Application HC-51,218.1 be continued to the HC-51,218.2 meeting of August 16, 1976. continued to 9. Application HC-51,254.3 - Marianist Novitiate requesting approval of Aug. 16, 1976 the modification of architecture for an educational and religious facility located adjacent to and westerly of the western terminus of Merriman Road. Recommended for approval. It was moved by Counc. Frolich, seconded by Counc. Jackson and passed Application unanimously that A-pplication HC-51,254.3 be approved. HC-254.3 10. Application HC-51,075.44 - Vallco Park Ltd. requesting approval of approved modification of site, architecture, landscaping, grading and lighting for tennis courts located on the west side of Wolfe Road south of Vallco Village Shopping Center. Recommended for approval. It was moved by Counc. Frolich, seconded by Counc. Jackson and passed Application unanimously that Application HC-51,075.44 be approved. HC-075.44 approved. P AffAh CC-331 -Page 2 MINUTES OF THE AUGUST 3, 1976, CITY COUNCIL 1EA'TII� 11. Application HC-51,143.2 - Lucky Stores, Inc. (Genco) requesting approval of site, architecture and landscaping for remodeling of an existing service station located at the northeast corner of Stevens Creek Boulevard and Saich Way. Recommended for approval. It was moved by Counc. Jackson, seconded by Counc. Frolich and passed 519148.2 unaai,ously that Application HC-51,148.2 be approved. anved 12. Application HC-51,027.4 - Northern California Savings and Loan re- questing approval of landscaping and signing for a bank facility located at the northeast corner of De Anza Boulevard and Rodrigues Avenue. Recommended for approval. 1. It was moved by Counc. Frolich, seconded by Counc. Jackson and passed 51,027.4 unanimously that Application HC-51,027.4 be approved. ` roved 13. Application HC-51,096.1 - Top Fashion Furniture requesting approval of a sign plan for an existing furniture store located on the north side of Stevens Creek Boulevard. Recommended for approval. It was roved by Counc. Jackson, seconded by Counc. Frolich and passed plication unanimously that Application HC-51,096.1 be approved. -51.,)96.1 p1roved UNFINISHED BUSINESS 14. None NEW BUSINESS 15. Authority to execute estoppel letter to Teachers Insurance and Annuity Association. toppel It was moved by Counc. Frolich, seconded by Counc. Nellis and adopted with etter to Counc. Jackson dissenting that the Mayor be authorized to sign an estoppel eachers Ins. letter to Teachers Insurance and Annuity Association relating to financ"ng Vallco of Vallco Park Regional Shopping Center. 16. Notice of pending sale of Tax Deeded Property and disclaimer of intent to purchase. D advised It was moved by Counc. Jackson, seconded by Counc. Frolich and passed unan- , f sale of imously with Counc. Nellis abstaining that the Midpeninsula Regional Park roperty District be advised of the sale of this property and tip: ma--ter be referred to the City Attorney. 17. Request for the City Council to schedule a public hearing date re- garding the Sign Ordinance. ign Ordinane It was the concensus of the Council that the continuation of the public lic hearin hearing on the proposed Sign Ordinance be scheduled for 7:30 p. m. , Tuesday, tinuation August 24, 1976. ugust 24, 976 MINUTES OF THE AUGUST 3, 1976, CITY COUNCIL MEETTNG CC- 331 Page 3 18. Petition submitted by the Oak Meadows Homeowners Association. It was moved by Counc. Frolich, seconded by Counc. Jackson and passed unan Petition imously that the ,)etition for bringing the private roads under the juris- referred to diction of the State Vehicle Code be referred to Staff for investigation. Staff gRITTEN COMMUNICATIONS The City Clerk advised that two communications had been received but to , late for inclusion as agenda items. It was the consensus of the Council that the Mayor respond to the Value- Response to Powell Realty inquiry that the City would not initiate a change of ;zoning Value-Powell on a parcel adjacent to the realtor's client; that the Council was very Realty re- much aware of the sensitivity as to privacy of property owners; that garding zoning limitations on construction as requested would not be compatible with existing zoning; and that each application is considered on its own merits in these regards. The communication from the Park Villas Association, was accepted and filed Park Villas after advice from the Staff that the situation already had been reviewed. Assoc. com- munication ORDINANCES accepted and filed 20. Second reading of Ordinance No. 751: "An Ordinance of the Cit.: of Cupertino Amending Section 1 of Ordinance No. 2 by Prezoning Approxi- mately 0.21 Acres from Santa Clara County R1-8 (Residential, Single- Family, 8,000 Sq. Ft. Per Dwelling Unit) Zone to City of Cupertino R1-7.5 (Residential, Single-Family, 7,500 Sq. Ft. Per Dwelling Unit) Zone; Located Southerly and Adjacent to Hermosa Avenue Approximately 205 Ft. Westerly of the Intersection of Orange Avenue and Hermosa Avenue." It was moved by Counc. Jackson, seconded by Counc. Frolich and passed unan Second reading imously to have Ordinance No. 751 read by title only and the Mayor's of Ord. No. 75 reading to constitute the second reading. It was moved by Counc. Jackson, seconded by Counc. Frolich and passed unan Ord. No. 751 imously to enact Ordinance No. 751. enacted Urgency Ordinance No. 754: "An Ordinance of the City of Cupertino, Amending Section 13.04.190 of Chapter 13.04 of the Cupertino Munici- pal Code to Prohibit the Parking or Leaving of Vehicles in City Parks After Closing Hours, and Declaring the Urgency Thereof." The Ordinance was introduced by the City Attorney with the request that Urgency Ord. it be enacted as an urgency ordinance. It was moved by Counc. Jackson, No. 754 seconded by Counc. Frolich and passed unanimously that Urgency Ordinance erdcted No. 754 be read by title only. It was moved by Counc. Jackson, seconded by Counc. Frolich and passed unan imously that Urgency Ordinance No. 754 be enacted. .1 Affik CC-331 Sege 4 MINUTES OF THE AUGUST 3, 1976, CITY COUNCIL MEETING RESOLUTIONS 21. No. 4144.12: "A Resolution of the City Council of the City of Cuper- tino Calling for Bids on Sale of bonds, Felton Assessment District No. 75-6." . No. It was moved by Counc. Nellis, seconded by Counc. Frolich and passed unanimously 44.12 to adopt Resolution No. 4144.12. ted 22. No. 4221: "A Resolution of the City Council of the City of Cupertino Approving Contract Change Order No. l for San Juan Road Water -fain Extension Project 76-11." . No. 4221 It was moved by Counc. Jackson, seconded by Counc. Nellis and passed unan- pted imously to adopt Resolution No. 4221. CONSENT CALENDAR Rent Cal- 23. It was moved by Counc. Nellis, seconded by Counc. Frolich and passed gar approved unanimously that all items under the Consent Calendar be approved. (a) Resolution No. 4219: "A Resolution of the City Council of the City of Cupertino Allowing Certain Claims and Demands Payable in the Amounts and fr, m the Funds as Hereinafter Described for Salaries and Wages for the Payroll Period Ending July 20, 1976." (b) Resolution No. 4218: " Resolution of the City Council of the City of Cupertino Allowing Certain Claims and Demands Payable in the Amount and from the Funds as Hereinafter Described for General and Miscellaneous Expenditures for the Seven Day Period Ending July 19, 1976." (c) Resolution No. 4215: "A Resolution of the City Council of the City of Cupertino Allowing Certain Claims and Demands Payable in the Amount and from the Funds as Hereinafter Described for General and Miscellaneous Expenditures for the Seven Day Period Ending July 26, 1976." (d) Resolution No. 4222 . "A Resolution of the City Council of the City of Cupertino Approving Parcel Map and Deferred Impruve- ments in Conjunction with Hewlett-Packard Company, a California Corporation, Authorizing the City Engineer to Sign the Parcel Map and Authorizing the Execution of Agreement in Connection Therewith." (e) Resolution No. 4223: "A Resolution of the City Council of the City of Cupertino Approving Parcel Map and Deferred Improvement of Frontage Along 22350 Santa Pau.,.d Avenue; Developer, William G. Stevenson; Accepting Roadway Dedication, Authorizing the City Engineer to Sign the Parcel Map, and Authorizing the Execution of Agreement in Connection Therewith." ;a AM r AYE OF THE AUGUST 3, 1976, CITY COUNCIL IMING CC-331 Page 5 (f) Acceptance of municipal improvements: (1) Tract 5608 - Greenwood Circle Developer, May Investment Company (g) Minutes of regular meeting of July 19, 1976. (CC-329) (h) Waiver of business license fee for solicitation request by Pro- ject Concern's Walk for Mankind. (i) Waiver of business license fee for Chamber of Commerce Wine Tasting Festival to be held August 7 and 8, 1976. Vote Members of the City Council AYES: Frolich, Jackson, Nellis, Mayor Meyers NOES: None ABSW. T: O'Keefe ABSTAIN: None STAFF REPORTS 24. Request by the Planning Commission (Minute Order 1540) for clarifica- tion of intent relative to adoption of a Tree Ordinance. The response to the Planning Commission request is summarized as follows : Summary of Planning Comm. (a) Trees are a natural resource and should be considered as such. request re Protection of them is essential prior to periods of construc- preservation tion and development with the main thrust of such protection of trees being towards undeveloped property primarily on or near the valley floor. Trees on single-family ari' duplex residential properties should be excluded from any regulations. (b) The diameter of a tree should be the principal criteria in determi.ing which trees should be preserved, and orchard trees or those of otherwise 11mited life should be excluded from any category of signifi:ant major trees. (c) The City does not wish to assume any maintenance responsibility for trees on private property. 25. Report from the City Council, Planning Commissioners and Parks and Recreation Commissioners regarding the Master Plan of the Midpenin- sula Regional Park District. Presentation by Ann Crosley, A.iministrative Aide of the Park District. It was moved by Counc. Jackson, seconded by Counc. Frolich and passed MRPD commended unanimously that the Midpeninsula Regional Park District be commended on for Master the development of its Master Plan, and the District should continue to Plan; should give careful consideration to the points raised relative to coordination continue coop- of planning with cities on urban open space acquisition. eration o 331 !,•� 6 A4INUTES OIL THE AUGUST 3, 1976, CI-.T COUNCIL MEETING 26. Staff report regarding preset-iRtion alternatives and costs for the barn at trial Park. to be It was moved by Counc. Frolich, s- ded by Counc. Meyers and passed with 1d and torn Counc. Jackson dissenting that al ._native C of the Department of Public Works report be adopted which would provide for the sale and demolition of the barn at the payment to the City of $136. 27. Report by City Attorney on regulation of business hours. Ise problem E `ihe City Council was requested to place this matter on the Council agenda car wash of September 7, 1976, with specific reference to noise after hours at the car w=:sh on De Anza Boulevard. During the interim, Staff is to communi- cate with the owners and advise them of the complaints received. torney to The City Attorney was requested to develop a draft ordinance on revocation evelop ord. of use permits which would include conditional permits as well as those use permits for planned developments. 28. Oral reports by staff members and submission of written reports. City not in- The Director of Public Works was requested to advise the Santa Clara Valley erested in dater District of the information received as to constructii:�n costs of the constructing proposed walkway in the culvert underneath Route 280. In that it would culvert walk- not be any more costly to provide such a walkway at a later date, the ay at this District is to be advised of the City's non interest in the construction time of such a walkway at this time. Master Plan At the request of Staff, it: was moved by Counc. Froli_h, seconded by Cour,.c. for Corpor Jackson and passed unanimously that author;:zation be granted for contracting tion Yard with a consultant to design a master plan for the Corporation Yard as pro- vided for in the current budget. / Mayor to urg It was moved by Counc. .rrolich, seconded by Counc. Jackson and passed "granting of unanimously that the Mayor submit a letter to the Board of Supervisors request from not later than August 10 •irging favorable consideration of the funding Comm. Services request by the. Cupertino Community Services. Possible re- The Staff was requested to evaluate the possibilities of removing or arrangement rearranging seats in the Council Chamoer to provide better aisle space of Chamber and ingress or egress. This subject is to be attached to the agendas seats for the next two meetings to determine if there are thoughts on it by the public using the seats. J" Council sup- It was moved by Counc. Jackson, seconded by Counc. Nellis and passed ports SB 12771 unanimously that the City Council go on record as supporting SB 1277 (Smith) with the.provision that the League of California Cities objections had been removed and that this bill now receives the support of the .League. 9 The Mayor adjourned the meeting at 10:28 p. m. City Clerk nos