06-097, Freedman Tung and Bottomley
ot-097
P.O. #: tt67J JT4-6' 0
Contract Amount: $100.000
Not to exceed
AGREEMENT
BETWEEN
CITY OF CUPERTINO
AND
FREEDMAN TUNG AND BOTTOMLEY URBAN DESIGN,
NORTH V ALLCO MASTER PLAN STUDY - PHASE ONE
FOR
PROFESSIONAL SERVICES
THIS IS AN AGREEMENT MADE AS OF September 1, 2006, BETWEEN
CITY OF CUPERTINO (hereinafter referred to as CITY), and FREEDMAN TUNG
AND BOTTOMLEY URBAN DESIGN (hereinafter referred to as Consultant).
WITNESSETH:
WHEREAS, CITY intends to provide North Vallco Master Plan Study - Phase One
(hereinafter referred to as Proj ect) and,
WHEREAS, CITY requires certain professional services in connection with Project
(hereinafter referred as Services); and
WHEREAS, Consultant is qualified and prepared to provide such Services;
NOW, THEREFORE, in consideration of the promises contained herein, the parties agree
as follows:
ARTICLE 1 - SERVICES TO BE PERFORMED BY CONSULTANT
1.1 Specific Services and the associated scope of services are shown in Exhibit A.
1.2 Exhibit A will by reference incorporate the terms and conditions of this
Agreement, and become a formal amendments hereto.
ARTICLE 2 - COMPENSATION
2.1 Compensation for Consulting services performed under this Agreement shall be
billed and compensated based on the following scale: [insert fee schedule here]
2.2 Consultant shall submit monthly statements for Services rendered. City will make
payment within 30 days of receipt of Consultant's monthly statements.
ARTICLE 3 - PERIOD OF SERVICE
3.1 Consultant's services will be performed and the specified services rendered and
deliverables submitted within the time period of August 1, 2006 to August 1,
2007.
3.2 Consultant's services under this Agreement will be considered complete when the
services are rendered and/or final deliverable is submitted in accordance with the
approved Scope of Services, and accepted by City.
3.3 If any time period within or date by which any of the Consultant's services are to
be completed is exceeded through no fault of Consultant, all rates, measures and
amounts of compensation and the time for completion of performance shall be
subject to equitable adjustment.
ARTICLE 4 - CITY'S RESPONSIBILITIES.
City will do the following in a timely manner so as not to delay the services of
Consultant.
4.1 Provide all criteria and full information as to City's requirements for the services
assignment and designate in writing a person with authority to act on City's behalf
on all matters concerning the Consultant's services. Ciddy Wordell is the Project
Manager.
4.2 Furnish to Consultant all existing studies, reports and other available data
pertinent to the Consultant's services, obtain or authorize, Consultant to obtain or
provide additional reports and data as required, and furnish to Consultant services
of others required for the performance of Consultant's services hereunder, and
Consultant shall be entitled to use and rely upon all such information and services
provided by City or others in performing Consultant's services under this
Agreement.
4.3 Arrange for access to and make all provisions for Consultant to enter upon public
and private property as required for Consultant to perform services hereunder.
4.4 Perform such other functions as are indicated in each Task Order related to duties
of City.
4.5 Bear all costs incident to compliance with the requirements of this Section.
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ARTICLE 5 - STANDARD OF CARE
5.1 Consultant shall exercise the same degree of care, skill, and diligence in the
performance of the Services as is ordinarily provided by a professional Consultant
under similar circumstance and Consultant shall, at no cost to City, re-perform
services which fail to satisfy the foregoing standard of care.
ARTICLE 6 - SUBCONTRACTING
6.1 No subcontract shall be awarded by Consultant until prior written approval is
obtained from the City.
ARTICLE 7 - CONSULTANT-ASSIGNED PERSONNEL
7.1 Consultant shall designate in writing an individual to have immediate
responsibility for the performance of the services and for all matters relating to
performance under this Agreement. Ellen Greenberg shall serve as the Principal-
In-Charge for the consultant. Michael Freedman shall serve as Consulting
Principal. Other staff may attend city workshops and study sessions as agreed to
by City.
ARTICLE 8 - OWNERSHIP OF DOCUMENTS
8.1 All work products, drawings, data, reports, files, estimate and other such
information and materials (except proprietary computer programs, including
source codes purchased or developed with Consultant monies) as may be
accumulated by Consultant to complete services under this Agreement shall be
owned by the City.
8.2 Consultant shall retain custody of all project data and documents other than
deliverables specified in each Agreement, but shall make access thereto available
to the City at all reasonable times the City may request. City may make and retain
copies for information and reference.
8.3 All deliverables and other information prepared by Consultant pursuant to this
Agreement are instruments of service in respect to this project. They are not
intended or represented to be suitable for reuse by City or others on extensions of
this Project or on any other project. Any reuse without written verification or
adaptation by Consultant for the specific purpose intended will be at City's sole
risk and without liability or legal exposure to Consultant; and City shall
indemnify and hold harmless Consultant against all claims, damages, losses, and
expenses. including attorney's fees arising out of or resulting from such reuse.
Any such verification or adaptation will entitle Consultant to further
compensation at rates to be agreed upon by City and Consultant.
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ARTICLE 9 - RECORDS OF LABOR AND COSTS
9.1 Consultant shall maintain records of labor and costs used in claims for
compensation under this Agreement. Records shall mean a contemporaneous
record of time for personnel and invoices, time sheets, or other factors used as a
basis for determining other nonlabor Project charges. These records must be
made available to the City upon reasonable notice of no more than 48 hours
during the period of the performance of this Agreement.
9.2 After delivery of services under this Agreement, the Consultant's records of all
costs used in claims for compensation under this Agreement shall be available to
City's accountants and auditors for inspection and verification. These records will
be maintained by Consultant and made reasonably accessible to the City for a
period of three (3) years after completion of project under this Agreement.
9.3 Consultant agrees to cooperate and provide any and all information concerning
the Proj ect costs that are a factor in determining compensation under this
Agreement as requested by the City or any public agency which has any part in
providing financing for, or authority over, the Services which are provided under
the Agreement.
9.4 Failure to provide documentation or substantiation of all Project costs used as a
factor in compensation paid under Article 2 hereof will be grounds for City to
refuse payment of any statement submitted by the Consultant and for a back
charge for any City funds, including interest from payment; or grant, matching or
other funds from agencies assisting City in financing the Services specified in this
Agreement.
ARTICLE 10- INSURANCE
Consultant shall provide and maintain at all times during the performance of the
Agreement the following insurances:
1 0.1 Workers' Compensation and Employer's Liability Insurance for protection of
Consultant's employees as required by law and as will protect Consultant from
loss or damage because of personal injuries, including death? to any of his
employees.
10.2 Comprehensive Automobile Liability Insurance. Consultant agrees to carry a
Comprehensive Automobile Liability Policy providing bodily injury liability. This
policy shall protect Consultant against all liability arising out of the use of owned
or leased automobiles both passenger and commercial. Automobiles, trucks, and
other vehicles. and equipment (owned, not owned, or hired, licensed or unlicensed
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for road use) shall be covered under this policy. Limits of liability for
Comprehensive Automobile Liability Insurance shall not be less than $1,000,000
Combined Single Limit.
10.3 Commercial General Liability. Insurance as will protect Consultant and
City from claims for damages or personal injuries, including death, which may be
suffered by persons, 9r for damages to or destruction to the property of others,
which may arise from the Consultant's operations under this Agreement, which
insurance shall name the City as additional insured. Said insurance shall provide
a minimum of $1,000,000 Combined Single Limit coverage for personal injury,
bodily injury, and property damage for each occurrence and aggregate. Such
insurance will insure Consultant and City from claims arising from the following:
1. Personal injury;
2. Bodily injury;
3. Property damage;
4. Broad form property damage;
5. Independent contractors;
6. Blanket contractual liability.
10.4 Consultant agrees to maintain such insurance at Consultant's expense in full force
and effect in a company or companies satisfactory to the City. All coverage shall
remain in effect until completion of the Project.
10.5 Consultant will furnish the City with certificates of insurance issued by
Consultant's insurance carrier and countersigned by an authorized agent or
representative of the insurance company. The certificates shall show that the
insurance will not be cancelled, altered, or reduced without at least thirty (30)
days prior written notice to the City. The certificates for liability insurance will
show that liability assumed under this Agreement is included.
ARTICLE 11 - LIABILITY AND INDEMNIFICATION
11.1 Having considered the risks and potential liabilities that may exist during the
performance of the Services; and in consideration of the promises included herein,
City and Consultant agree to allocate such liabilities in accordance with this
Article 12. Words and phrases used in this Article shall be interpreted in
accordance with customary insurance industry usage and practice.
11.2 Consultant shall indemnify and save harmless and defend the City and all of their
agents, officers, and employees from and against all claims, demand, or cause of
action of every name and nature to the extent arising out of negligent error,
omission, or act of Consultant, its agents, servants, or employees in the
performance of its services under this Agreement.
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11.3 In the event an action for damages is filed in which negligence is alleged on the
part of City and Consultant, the parties agree that each party shall initially assume
its own defense. The parties further agree that they shall share on a pro rata basis
all expenses of defense and any judgment or amount paid in resolution of such
claims. Such pro rata share shall be based upon a final judicial determination of
negligence or, in the absence of such determination, by mutual agreement.
11.4 Consultant shall indemnify City against legal liability for damages arising out of
claims by Consultant's employees. City shall indemnify Consultant against legal
liability for damages arising out of claims by City's employees.
11.5 Indemnity provisions will be incorporated into all Project contractual
arrangements entered into by City and will protect City and Consultant to the
same extent.
11.6 Upon completion of all services, obligations and duties provided for in the
Agreement, or in the event of termination of this Agreement for any reason, the
terms and conditions of this Article shall survive.
11.7 To the maximum extent permitted by law, Consultant's liability for City's damage
will not exceed the aggregate compensation received by Consultant under this
Agreement or the maximum amount of professional liability insurance required by
this Agreement, which ever is greater.
ARTICLE 12 - INDEPENDENT CONTRACTOR
Consultant undertakes performance of the Services as an independent contractor and shall
be wholly responsible for the methods of performance. City will have no right to
supervise the methods used, but City will have right to observe such performance.
Consultant shall work closely with City in performing Services under this Agreement.
ARTICLE 13 - COMPLIANCE WITH LAWS
In performance of the Services, Consultant will comply with applicable regulatory
requirements including federal, state, and local laws, rules, regulations, orders, codes,
criteria and standards. Consultant shall procure the permits, certificates, and licenses
necessary to allow Consultant to provide North Vallco Master Plan Study - Phase One.
Consultant shall not be responsible for procuring permits, certificates, and licenses
required for any construction unless such responsibilities are specifically assigned to
Consultant in Task Order. Notwithstanding the foregoing, professional services subject
to this agreement shall be performed subject to the Standard of Care set forth in Article 5.
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ARTICLE 14 - NONDISCLOSURE OF PROPRIETARY INFORMATION
Consultant shall consider all information provided by City and all drawings, reports,
studies, design calculations, specifications, and other documents resulting from the
Consultant's performance of the Services to be proprietary unless such information is
available from public sources. Consultant shall not publish or disclose proprietary
information for any purpose other than the performance of the Services without the prior
Written authorization of City or in response to legal process.
ARTICLE 15 - TERMINATION OF CONTRACT
15.1 CITY or CONSULTANT shall have the right to terminate this Agreement without
cause, by giving not less than thirty (30) days written notice of termination.
15.2 If CONSULT ANT fails to perform any of its material obligations under this
Agreement, in addition to all other remedies provided by law, CITY may
terminate this Agreement upon thirty (30) days written notice if consultant fails to
take steps to correct such failure within the notice period.
15.3 CITY'S City Manager is empowered to terminate this Agreement on behalf of
CITY.
15.4 In the event of termination, CONSULT ANT shall deliver to CITY, copies of all
reports, documents, and other work performed by CONSULTANT under this
Agreement, an upon receipt thereof, CITY shall pay CONSULTANT for services
performed and reimbursable expenses incurred to the date of termination.
ARTICLE 16 - UNCONTROLLABLE FORCES
16.1 Neither City nor Consultant shall be considered to be in default of this
Agreement if delays in or failure of performance shall be due to uncontrollable
forces, the effect of which, by the exercise of reasonable diligence, the
nonperforming party could not avoid. The term "uncontrollable forces" shall
mean any event that results in the prevention or delay of performance by a party
of its obligations under this Agreement and which is beyond the control of the
nonperforming party. It includes, but is not limited to, fire, flood, earthquake,
storms, lightening, epidemic, war, riot, civil disturbance, sabotage, inability to
procure permits, licenses, or authorizations from any state, local, or federal
agency or person for any of the supplies, materials, accesses, or services required
to be provided by either City or Consultant under this Agreement, strikes, work
slowdowns or other labor disturbances, and judicial restraint.
16.2 Neither party shall, however, be excused from performance if nonperformance is
due to uncontrollable forces which are removable or remediable, and which the
nonperforming party could have, with the exercise of reasonable diligence,
removed or remedied with reasonable dispatch. The provisions of this Article
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shall not be interpreted or construed to require Consultant or City to prevent,
settle, or otherwise avoid a strike, work slowdown, or other labor action. The
nonperforming party shall, within a reasonable time of being prevented or delayed
from performance by an uncontrollable force, give written notice to the other
party describing the circumstances and uncontrollable forces preventing continued
performance of the obligations of this Agreement. The Consultant will be
allowed reasonable negotiated extension of time or adjustments for City initiated
temporary stoppage of services.
ARTICLE 18 - MISCELLANEOUS
16.1 A waiver by either City or Consultant of any breach of this Agreement shall not
be binding upon the waiving party unless such waiver is in writing. In the event
of a written waiver, such a waiver shall not affect the waiving party's rights with
respect to any other or further breach.
16.2 The invalidity, illegality, or unenforceability of any provision of this Agreement,
or the occurrence of any event rendering any portion or provision of this
Agreement void, shall in no way effect the validity or enforceability of any other
portion or provision of the Agreement. Any void provision shall be deemed
severed from the Agreement and the balance of the Agreement shall be construed
and enforced as if the Agreement did not contain the particular portion or
provision held to be void.
ARTICLE 17 - INTEGRATION AND MODIFICATION
17.1 This Agreement (consisting of pages 1 to 9), together with all exhibits executed
by the undersigned, is adopted by City and Consultant as a complete and
exclusive statement of the terms of the Agreement between City and Consultant.
This Agreement supersedes all prior agreements, contracts, proposals,
representations, negotiations, letters, or other communications between the City
and Consultant pertaining to the Services, whether written or oral.
17.2 The Agreement may not be modified unless such modifications are evidenced in
writing signed by both City and Consultant.
ARTICLE 18-SUCCESSORS AND ASSIGNS
18.1 City and Consultant each binds itself and its directors, officers, partners,
successors, executors, administrators; assigns and legal representatives to the
other party to this Agreement and to the partners, successors, executors,
administrators, assigns, and legal representatives of such other party, in respect to
all covenants, agreements, and obligations of this Agreement.
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01/11 2006 10.45 FAX 022318121
] 0.' 25/06 16: 45 FAX 415 21H 9633
SERVCORP
Freedman Tung & Bo~~omle
~ 003/003
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18.2 Neither City nOT Consultant shall assign, sublet, or transfer any rigb.t~ undJ~r or
interest jn (including, but without limitation, monies.that may become duc~ or
monies that are due) this Agreement without the written consent of the otber,
except to the extent that the effect oftbi~ limitation maybe restricted by law.
UnleslS specifically stated to the contrary in any written consent to an assignment,
1'10 assigmnent will release or discharge the assignor from any duty or
responsibility under this Agreement. Nothing contained in this paragrapb shall
prevent Consultant from employing such independent consultants, aS60ci~ltes, and
subcontractors as he ma.y deem appropriate to assist him/her in !hI;: performance of
the Services hereunder and in accordance with Article 7.
18.3 Nothing herein shall be constnled to give any rights or benefits to anyonE~ other
than City and Consultant.
ARTICLE 19- EXECUTION
IN WITNESS THEREOF, the parties hereto have made and executed this Agrel~ment as
of the day and year first above written.
City of Cupertino
Freedman Tung and Bottornley
. Urban Design
(CO TANT) ,
-.,
"~
~"'~ ~.~
By
Title:
Date: Seotember 1. 2006
Date: 0 C-r
CHARLES T. KILIAN
LEGAL COUNSEL
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Exhibit A
NORTH V ALLCO AREA MASTER PLAN STUDY - PHASE ONE
SCOPE OF WORK
You have identified five tasks in your June 26, 2006 letter. We propose to define these tasks as including the
activities listed below and summarized in the graphic Overview of the Recommended Planning Process. A
budget summary follows the task list.
TASK 1 - OPPORTUNITIES AND COMMUNITY ASPIRATIONS
This Task includes analysis of existing land uses, opportunities and constraints for change, including all
relationships as described in the City's letter of June 26,2006.
A.Project Start-up
1. RequesVReceive base maps, ownership information, parcelization data, & policy documents from City
staff
2. Kickoff / Orientation Meeting with Core Team in Cupertino
3. Prepare project base maps using data provided by City
B. Existing Conditions Inventory and Analysis
1. Survey Policy Context - review zoning, land use, existing area guidelines, other documents
2. Field Reconnaissance and Photography
a) Initial fieldwork and photography of North Vallco Study Area, adjoining properties and districts
b) Set up project database (slides, field notes & sketches)
3. Existing Conditions Maps and Diagrams
a) Map study area boundaries, current use, street and block pattern and building type
b) Summarize existing conditions data in annotated diagram(s)
C. Opportunities for Change, including North Vallco Study Committee Meeting #1
1. Site and Opportunities Investigation
a) Consultant Site Visit (2 FTB Principals)
b) Internal FTB work session
2. Prepare Synthesis Diagram(s) describing key opportunities
3. Community Workshop #1 (hosted by Study Committee)
a) Meeting Logistics
b) Preparation of presentation materials
c) Meeting Participation
d) Follow up with City Staff
D. Task I Project Management
Ms. Ciddy Wordell
Re: North Val1co Master Plan Study - Phase One
July 21, 2006
Page 3 of?
TASK 2 - DEVELOPMENT OF PRIMARY ISSUES OF THE 21 ST CENTURY HIGH TECH
WORKPLACE
This investigation into High Tech workplace issues will address all topics identified in the City's letter of June
26, 2006.
A. Compile and review relevant professional and academic literature
B. Convene industry experts for roundtable discussion or one-on-one interviews
(reserved subconsultarit budget may be fully or partially used in this subtask)
C. Compile and review materhll on comparable wOI-kplace projects throughout the US
D.Prcpare memorandum and/or diagrams summarizing workplace trends and factors relevant to
planning for the North Valko area
E. Core Team Worl{shop (same day as Community Meeting)
1. Meeting Logistics
2. Preparation of presentation materials
3. Meeting Participation (2 FTB principals, 1 associate)
F. Community Workshop #2 (or bus tour; hosted by Study Committee)
1. Meeting / Tour Logistics
3. Meeting (or bus tour) Participation
4. Follow up with City Staff
G. Task 2 Project Management
TASK 3 - 2 MEETINGS WITH APPLE COMPUTER (AND HEWLETT PACKARD, IF INTERESTED).
Two FTB Principals will attend each of these meetings. The project budget provides flexibility by
allowing for up to three meetings with representatives of key stakeholder groups. Two meetings with
Apple Computer are anticipated.
A. Coordinate with City staff and Corporate Representatives
B. Prepare Meeting Agenda andPresenhltion Materhlls
C. Participate in Meetings during work in Tasks 2 and 5 (maximum of three meetings)
D. Task 3 Project Management
Ms. Ciddy Wordell
Re: North Vallco Master Plan Study - Phase One
July 21, 2006
Page 4 of7
TASK 4 - THREE COMMUNITY WORKSHOPS
This Task is identified separately for cost estimating purposes; the workshops are listed as part of the
individual project Tasks and summarized in Task 4. An FTB Principal and Associate will facilitate each
community workshop. We suggest that members of the Study Committee host all community meetings. The
cost of bus charter and other direct expenses are not included in the contract amount. Bus tour logistics
would be handled by the City.
A. Communit)' Workshop #1: Project Kickoff: Aspinltions aud Opportunities
B. Community \Vorksbop #2 (or bus tour): High-Tech Worl\.place Futures
C. Community Workshop #3: Urban Design Concepts for North Vallco Area
TASK 5 - NORTH VALLCO STUDY PHASE ONE REPORT
Subtasks A through 0 provide support for in-house charrettes and meetings to develop and refine the
material that will be included in the Project Study report. Subtasks E through L support preparation of a
Phase One illustrated written report for approval by the North Vallco Study Committee. The report will
present Phase One approved concepts and recommended next steps.
A. Develop Broad-Bmsh Urban Design Concepts for North Vallco Area
B. Supplemental Field Work, Photography, Review ofExemphu'y Projects
C. Iuternal FTB Work Session
D. Prepare Urban Design Concept Alternatives
E. Core Team \Vorkshop (same day as Community Meeting)
1) Meeting Logistics
2) Prepare presentation materials
3) Meeting Participation
F. Community \Vorkshop#3
1) Meeting Logistics
2) Prepare presentation materials
3) Meeting Participation
4) Follow up with City Staff (telephone or meeting in San Francisco)
Ms. Ciddy Wordell
Re: North Vallco Master Plan Study - Phase One
July 21, 2006
Page 5 of7
G. Finalize Conceptual MasterPhm and Related Illustrative Material
H. Prepare Draft of Phase One Report, including narrative and illustrative material
I. Core Team Review following FTB receipt from City of one set of consolidated comments on the d.'aft
report (same day as Study Committee meeting)
J. Study Committee Meeting to present Phase One Report and receive comments on
K. FoHo,,' up with City Staff (telephone or meeting in San Francisco)
1..1. Finalize Phase One Report
M. Task 5 Project Management
Task 5 deliverables will be:
1 Administrative Draft review version of the Phase One Study Report, for review by City staff and Study
Committee
1 Final Phase One Study Report
The final submittal will be an electronic document and one bound hard copy of the report. If requested, FTB
will coordinate the printing of additional copies by an outside vendor, which will be paid directly by the City.
BUDGET SUMMARY
FTB will complete the Scope of Work described above for a budget of $100,000. The project budget by task is
shown below to illustrate the level of effort expected in each task. Billings will be monthly on a time and
materials basis.
The allowance for subconsultant participation will provide for consulting with an economist and/or traffic
engineer to provide targeted support for our efforts during Tasks 2 and/or 5. Should thia amoom-R.e.t-.be
needed for consultation il vvill Lt: aJJt:J lu lilt: ITS LuJyd lu allov. for additiullal effurllu be ::>lJelll ill
preparing project 9cliv9rEl.lalos. ~
North Valko Area l\'hlster Plan Study - Phase One
Pre lared for The Cit of Cu ertino - .Iul ' 21, 2006
Task 1: Opportunities and Community Aspirations
15,663 I
6,547 I
16,290 I
27,960 I
r Task 2: Investigate High-Tech Workplace Needs
I Task 3: Meetings with AppleComputerand Other Stakeholders
I Task 4: Community Workshops
I Task 5: North Valleo Study Phase One Report
86,753
7,808
5,439
$100,000
Ms. Ciddy Wordell
Re: North Vallco Master Plan Study - Phase One
July 21,2006
Page 6 of7
MEETINGS AND WORKSHOPS
The proposed Scope of Work includes attendance at meetings as follows:
Core team: Four Meetings
Meetings with Apple Computer or other corporate stakeholders: Up to three
Community Workshops: Three meetings, one of which may be scheduled in combination with a bus
tour
North Vallco Study Committee: One Meeting in addition to Community Workshops to be hosted by
the Study Committee
About the Core Team
To achieve the maximum benefits that can be gained from the interaction of specialized consultants and
professional city staff, we recommend the assembly of a five to seven member project "Core Team." The
City's Project Manager will lead selection of core team members, who should be senior representatives from
the Community Development Department, Public Works Department, and others who will be involved in
developing, building support for and ultimately implementing the study's recommendations. The City
Manager or a designated representative is a key member of the Core Team.
The Core Team must be active throughout the project, and particularly during concept development, by
attending Community Workshops and Core Team Sessions. The Core Team members are responsible for
coordinating the project work with Non-Core Team people in their own departments, bringing to Core Team
discussions the perspectives of those "Non-Cores," and conveying to the Non-Cores the results of the Core
Team process.
About the Community Worl{shops
Community workshops are publicly noticed meetings open to anyone in the community who wishes to be a
part of the planning for the North Vallco area. Workshops should be hosted by the Study Committee in order
to both engage Committee Members in community dialogue and to communicate their status in decision-
making to the full group of project participants. The public participation process proposed herein has been
developed over twenty years of community participation workshop facilitation by Freedman Tung &
Bottomley. It is based on the observation that workshop participants will only enthusiastically support plans
that they understand and believe in. Workshop series blend educational with participation techniques.
Educational components are engaging presentations that bring participants up to speed with regard to the
effective means by which properties can maximize their value to employers, businesses and property owners
while contributing to enhanced livability and city identity. Workshop techniques ensure that even the most
reluctant participants express their opinions and provide input to the process.
Ms. Ciddy Wordell
Re: North Vallco Master Plan Study - Phase One
July 21, 2006
Page 7 of7
PROJECT STAFFING
The project will be staffed as follows: Ellen Greenberg, AICP will serve as the Principal-in-Charge, and will
lead all meetings and workshops. Michael Freedman, Principal and Hire Sasaki, Principal will serve as a
consulting Principals. Ian Ross, Senior Associate, and Sarah Patrick, Associate, will also serve on the team.
Their resumes are attached. Other FrB staff will provide graphic and administrative support as needed.
To provide additional information about related project experience, we have submitted to the City Project
Description Sheets for seven related projects, the first two of which were led by Ms. Greenberg. If you require
higher resolution filesfor printing or color copies, we will be happy to provide them.
As references, we refer you to the following former clients:
Mr. Bruce Liedstrand
Community Development Director (former)
City of Redwood City
Phone: 650-428-1700
E-mail: bliedstr@pacbell.net
Mr. Larry Patterson
Director of Public Works
City of San Mateo
Phone: 650-522-7303
E-mail: I patterson@cityofsanmateo.org
Mr. James Paxson
General Manager
Hacienda Business Park Owners Association
Phone: 925-734-6510
E-mail: james@hacienda.org
We hope these materials are clear. Should you have any questions in advance of Wednesday's meeting,
please do not hesitate to contact us. We look forward to meeting with you to discuss this very exciting effort.
Sincerely yours,
(}{~fk~~
Ellen Greenberg, Principal
Staffin2 & Bud2et Terms and Conditions
Summary staffing & budget information for professional services to be provided by
Freedman Tung & Bottomley is attached - the attached staffing and budget
spreadsheet summarizes estimated charges for each task and sub-task by major
phase, as well as estimated hours for all levels of staff working on the project.
TERMS
This is a time and materials project with a guaranteed maximum fee for completion of
the Work Tasks outlined above. Invoicing shall be monthly, based on time and
materials costs accrued during the preceding month. The summary of task-by-task
costs on the Staffing & Budget spreadsheets (attached) is provided to indicate the
relative proportion of budgeted resources that each task is likely to require. It is
provided for informational purposes only and is not intended as a basis for task-by-task
contract provisions or invoicing.
FEE SCHEDULE
Principal I
Principal II
Senior Associate
Associate
Graphic Artist
Project Urban Designer
Project Landscape Designer
AutoCAD Operator I
AutoCAD Operator II
GIS Operator I
GIS Operator II
Draftsman
Database Operator
Project Assistant I
Project Assistant II
Technical Secretary
Office Assistant
$ 200 per hour
$ 150 per hour
$ 120 per hour
$ 100 per hour
$ 90 per hour
$ 80 per hour
$ 75 per hour
$ 85 per hour
$ 70 per hour
$ 85 per hour
$ 70 per hour
$ 65 per hour
$ 65 per hour
$ 60 per hour
$ 50 per hour
$ 50 per hour
$ 30 per hour
PROJECT COSTS
In addition to the hourly rate charged, the following shall be charged as PROJECT COSTS:
Document duplication, messenger services, postage and handling, long distance telephone
calls, travel expenses for out-of-office services, special equipment charges, desktop publishing,
office archives and database, governmental plan and other inspection fees, expenses for aerial
photography, renderings, models and mock-ups requested by CLIENT, expenses for additional
insurance coverage or limits, including professional liability insurance, requested by the
CLIENT in excess of that normally carried by the CONSULTANT, and/or associated with
contracts to subconsultants, plus other out-of-pocket expenses reasonably required in
performance of services for the Project.