HomeMy WebLinkAbout05-14-1998 Parks and Recreation Task ForceS-19-1998 8:57AM FROM BEALS LANDSCAPE 408 287 0165
Fax Transmittal
Date: 5/19/98
No. of pages: 5
(Including Cover Page)
To: City of Saratoga
Attn: Irene Jacobs
Phone Number: 408.868.1215
Fax Number:
Subject:
CC:
408.868.1281
Mtg. Report
Jay Beals, BLAi
M
BEALS
LANDSCAPE
ARCHITECTURE
INC
Time: 9:00am
From: Allison Yamamoto
Phone Number: 408.287.4202
Fax Number: 408.287.0165
Project Name: City of Saratoga - Consulting
Project Ref. No.: 98 -12
❑ For Approval ® For Your Use ® Reply ASAP ❑ Please Comment ❑ Hard Copy to Follow
Remarks:
Good Morning, Irene -
Here is a copy of the draft meeting report from last Thursday's meeting. Please look it
over, let me know if you have any comments, and I will revise and send back to you for
distribution.
Let me know how your schedule looks today, and if it looks like we'll be able to meet to go
over the aerials. I want to make sure we'll get the aerials done in time to draw up the plans
for the site walks on the 29th.
Thanks,
Alli
Confidentiality Note: The information contained in this fax transmittal is legally privileged and confidential
information intended only for the use of the individual or entity named above. If the reader of this message is
not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this fax
transmittal is strictly prohibited: If you have received this fax transmittal in error, please immediately notify us
by telephone and return the original message to me at the address above via United States Mail.
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TWO NORTH MARKET • FIFTH FLOOR • SAN JOSE. CA • 951 13 • PHONE 408.287 -4202 - FAX 408- 287 -0165 - SIC NO 1534
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5 -19 -1998 8:58AM
FROM BEALS
LANDSCAPE
408
287 0165
D
P
Meeting
Report
Date:
May 18, 1998
Meeting Type: Task Force Pre - Planning Project Name:
Meeting Date: May 14, 1998 Project Ref. No.:
Meeting Time: 3:30 - 5:15pm
Meeting Location: City Offices
From: Allison Yamamoto Attendees:
Copy to: ® All Attendees
File
P. 2
BEALS
LANDSCAPE
ARCHITECTURE
INC
Saratoga Consulting
98 -12
Irene M. Jacobs, City of Saratoga
Joan Pisani, City of Saratoga
Jenny Crotty, City of Saratoga
This report, if not corrected within seven (7) days after receipt by any party in attendance, shall be
acknowledged as an accurate report of the events that took place at this meeting.
Meeting Context: Now that the contract has been approved by Council, we need to establish a
strong foundation for the project.
Meeting Purpose: Pre - planning for the Task Force Meeting to be held 6/17.
Intended Results: 1. Establish a complete and update roster of key players.
2. Determine City protocols and processes; roles and responsibilities of
project team, and ground rules.
3. Designed product and outcome of each Pre - planning Committee and
Task Force Meeting.
4_ Prepare for the 6/17 Task Force Meeting
Note: Action Items resulting from this meeting is listed at the end of this Meeting Report,
1. INTRODUCTION
2. PROJECT STATUS
a) Contract
The Contract was approved by City Council on Tuesday, May 12"'. There are
still a few revisions in regards to exhibit labels, etc. Irene will make the
revisions and have the official contract signed by the City Manager and the
Mayor, all by the 25'' of this month.
b) Identify information required for the sites:
Irene mentioned that the City has some aerials on file with the planning
department. It was agreed that having new aerials would best avoid any
possible problems or disagreements with user groups. Older aerials may n�
be 100% accurate to what the site looks like now.
Irene and BLAi looked at the aerials on file at the end of the meetid
found that Air Flight had flown aerials of the entire city in '90 -'91. a nd
Michelle Velasco (Planning) will sort through these aerials and I�those
F VobsMV9&12 Saratoga Consumng%Wing IkmsVerun9 PepW 5-14.98 doc
(WO NOATh MAAKCT • FIFTH FI.00H • jA.N JO ;E CA • 'a51 1.1 • PHONE 408 -' -37 1�10_ - 1'AX 49a l_if/ 9116$ • LIC NO 1534
5 -19 -1998 8:58AM FROM BEALS LANDSCAPE 408 287 8165 P.3
Meeting Minutes for. Task Force Pre - Planning Project Name: Sar af�su ' 9
Meeting Date: May 14, 1998 Project Ref. No.: 98- /a
Meeting Location: City Offices
which contain any of the ten sites being studied. After getting prints made of
these at San Jose Blue, Irene and Allison will go through and label the sites
(Tuesday 5/19). With these aerials, the index and serial numbers for the
negatives will be known. BLAi will call Air Flight to find out the most recent
flight, and can specifically ask for certain sheets out of their library.
(Typically, flights are made every two years for City aerials.) At that time, it
can be determined which aerials will be best for this study.
If library aerials are adequate, BLAi will call Air Flight to obtain enlarged 50
scale mylar aerials. If the library aerials are "too old," new aerials will need to
be flown. This will be the least expensive option because the costs will only
be the mylar, the negative processing and a library fee. If the aerials are too
old, new aerials will need to be flown.
3. ROSTER
There will be two levels of rosters for this project
(1) The primary roster will be a short list of representatives from organizations
listed as potentials to serve on the Task Force. Additional organizations
may be added.
(2) The other roster will include ALL interested parties - this is important
information to have because it will be tell us the variety of interested
people and groups in the community and adjacent counties.
Joan and Jenny have rosters and names from various organizations and the
previous efforts (their children have been very involved in sports.) Both will fax or
call with any information they can provide.
Jay brought up an idea to pass out surveys to find out all interested people. It is
also a possibility to make one of the Task Force meetings open to the public for
input.
It is important that this process be inclusive, rather than exclusive. If we stay open
to the community, it will lend a lot of credence to the process.
4. ROLES, RESPONSIBILITIES, PROTOCOLS, GROUND RULES
Answers /comments to the attached "Processes and Protocols" list:
1. Written Communications
a) Standard font for the City: Times Roman 12 point
b) If the Consultant feels uncomfortable with any
question, will direct to Staff /Irene prior to answering.
c) Consultant is seen as an extension of City Staff.
d) A custom letterhead /sheet will be designed for the project. At the
top will be the City logo, and a children's drawing logo. Along the
left side, names of City Council, PRC, Task Force and Staff
members. Keep the graphics bright and eye - catching.
People may be a little more reserved if they do not see the City
logo on correspondence (i.e. if it were written on BLAi letterhead),
or may feel pressured by a City Letterhead. Custom letterhead
will pull everyone together through a displayed sense of
partnering.
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8 6 A L S L A N D S C A F F A R C N I 1' 1: C r l; R F. 1 N, C.
5 -19 -1998 8 :59AM FROM BEALS LANDSCAPE 408 287 0165 P.d
Meeting Minutes for Task Force Pre - Planning Project Name: Sara ulting
Meeting Date: May 14, 1998 Project Ref. No.: 98-12
Meeting Location: City Offices e
The proposed letterhead will be reviewed at the Pa�s and
Recreation Commission Meeting on June 1, 1998.
2. Mail Routing
a) Routing: Consultant to use own judgement in determining whether
a document should be reviewed by the City before sending. Other
correspondence to be sent to Irene as "FYI."
b) Irene will be listed as a "cc" on all documents.
C) Paper trail: Keep a master file of everything for reference.
3. Meetings
a) BLAi will contact user groups. Need to first clear this with Irene.
b) Meeting Agendas will be on the custom letterhead.
C) Meetings will be held at neutral site. Irene will look into using the
Library. The facility must hold 20 -25 people and have a large wall
for posting flipchart pages and butcher paper for diagrams,
sketches.
d) Meeting materials: The City has an overhead projector for use. No
computer overhead - too glitzy for meetings. Best to keep
meetings low key. Sticky post -it flipcharts are best.
e) Meeting Minutes: BLAi will do these.
f) Meeting Minutes: Irene will review, then BLAi will revise if needed. .
g) Minutes can be sent via the preferred methods of the members.
BLAi will ask everyone their preference, i.e. e-mail, fax, mail...
BLAi to distribute minutes.
4. Plan Graphics
a) BLAi will need to get a copy -ready City of Saratoga logo to scan.
The project logo will go on all correspondence and plans...
5. TIMELINE/ SCHEDULEJPRODUCTS AND OUTCOMES
a) The schedule will follow the "Anticipated" column of dates in the Contract. The last
two dates are tentatively set: Agendized Meeting
Park and Recreation Commission Meeting 9/30/98 10/5/98
City Council 10/15/98 10/21/98
b) Timeline: Site walks will be performed Friday, May 290i. The aerials must be ready
for that day, so that prints can be taken for note - taking.
C) Products: A list of products for each meeting will be developed by BLAi, using the
contract as a guide and by thinking of the end product in mind.
It was decided that for City Council, a Final Report will be submitted. A Final
Draft will be submitted for PRC, and an Administrative Draft for the Task
Force.
Lease agreements will not be part of the report. The report will become a
"Living Document." Jay recommended that from this, a single body can be
established to administer all field agreements. This could be a non - profit
organization or a continuing Task Force.
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8 E A L S I. A N D S C A P F A R C H I ,r F. (- T li R E. I N C
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5 -19 -1998 9:BBAM FROM BEALS LANDSCAPE a08 287 8165 P.5
Meeting Minutes for Task Force Pre - Planning Project Name: Sarato onsulting
Meeting Date: May 14, 1998 Project Ref. No.: 98-1
Meeting Location: City Offices
J
6. TASK FORCE MEETING #1 - 6/17
a) Time and Location: Wednesday, June 17, 1998.
4:00 - 6:OOpm (all meetings will be held at this time)
Location TBD
b) Purpose: The purpose of this meeting is to vent and let everyone share their input,
feelings and concerns. if a person's discussion gets extensive, we will tell them to
provide us a list of other interested people and we will contact them for their input.
7. ACTION ITEMS:
The following is a recap of action items resulting from this meeting:
Item Action Resp. Due
1. Contract Revise Contract - Exhibit labels, IJ 5/25
2. Aerials
3. Roster Information
4. Letterhead /Stationery
5. Meetings
get necessary signatures
Sort through and get prints
IJ, MV
made of aerials with sites on
them.
Identify sites on aerials.
IJ, AY
Contact Air Flight to find out last
AY
flight done for the City. If
acceptable, order 50 scale
enlargements. If old, order new
flights.
Obtain aerials at 50 scale
AY
Need to gather information from
AY, JP,
Joan and Jenny
JC
Need logo design - by Jenny's
JC
daughter?
Need logo from City of Saratoga AY, IJ
Develop layout, colors, etc. AY
Need to determine locations. IJ
End of Report
5/19
5/19
5/20
5/27
ASAP
5/25
5/19
6/1
ASAP
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B E A L S L A N D S C A P E A R C H I T F C T I; R C.
5 -14 -1998 8 :55AM FROM BEALS LANDSCAPE 408 287 0165
P. 2
]REALS
Memorandum LANDSCAPE
ARCHITECTURE
Date: 5.14.98 INC.
To: City of Saratoga From: Allison Yamamoto
Attn: Irene Jacobs fax 408.868.1281
Subject:
Aerials
Project Name:
City of Saratoga - Consulting
CC:
Jay Beals, BLAi
Project Ref. No.:
98 -12
Hi Irene,
In order for us to begin the site studies, we will need to have the aerials for these sites
within the next three weeks. Having just recently completed several school projects, we
have become familiar with a surveyor whose rates are pretty reasonable. We are more
than happy to coordinate this process, but ask you for direction on which type of aerials we
should proceed in getting. There are two options for the aerial surveys:
a) A fly -over aerial with no ground control, or
b) A fly -over aerial with ground controls set.
The difference is that (a) is basically an aerial photograph, whereas (b) would include
control points of which photographic interpolation could be derived from at some point in
the future. Ground control sets a basis for a topographic survey, versus (a) which would not
be able to be taken to a topographic survey level.
Your decision will depend on whether these surveys will be used strictly for this study, or
for future construction as well. For us to complete this study, setting ground control is not
necessary- an aerial without ground controls set will provide enough information for us to
trace the site and study its existing conditions. But, if the City is looking into future
construction of these sites, you may want to have ground control set, so that the aerials will
not have to be done twice. Of course, you can always set ground controls on a just a select
number of sites.
The price for EACH survey is about $250 + /- without ground control, and $500 + /- with
ground control. These prices reflect having all the sites done at one time, during one flight.
Should you decide at a later date to have the photo - interpolation done from an aerial with
ground controls set, an additional fee would be charged then. Turn -a -round time for (a) is
about a week + / -. For the aerial with ground controls, about 2 -3 weeks.
The City will need to set up a contract with the surveyor directly. We will do everything
needed to coordinate this, but we cannot absorb these costs into our reimbursable money.
Please let us know how to proceed as soon as practical, as time is becoming critical. Do
not hesitate to give me a call if you have any questions.
Thanks,
Allison
End of Memorandum
F:Uobs98195-12 Saratoga Consulrwq\Memos\memo Ueoobe S*ftdoc
TWO NORTH MARKFT - FIFTH FLOOR - SAN JOSE, CA - 95113 - PHONE 408.287.4202 • FAX 408.2870165 • LIC. NU.1534
SARATOGA CITY COUNCIL
EXECUTIVE SUMMARY NO.
MEETING DATE: May 12,1998
ORIGINATING DEPT.: CITY MANAGER
AGENDA ITEM
CITY MANAGER:
PREPARED BY:
SUBJECT: Agreement with Beals Landscape Architecture for Project Management
Services in connection with Park Development Projects
RECOMMENDED MOTION(S):
1. Approve the proposed agreement with Beals Landscape Architecture to serve as the
Project Manager who will coordinate the development of and improvements to
playfields at designated school sites.
REPORT SUMMARY:
At the Council's joint meeting of March 24, 1998 with the Parks and Recreation Commission, it
was the Commission's recommendation to Council to retain the services of a consultant to serve
as a Project Manager to help coordinate the development of new and renovation of old playfields
at designated school sites. Development of playfields is one of the numerous projects that the
Parks and Recreation Commission plans to implement through funding from the Park
Development Fund.
The Project Manager would be responsible for 1) establishing joint -use agreements between
sports leagues, school districts and the City before any site is developed or renovated and 2)
submitting a strategic plan and timeline for implementing the playfield projects once the
agreements have been established. Recent negotiations between the City and sports leagues in
recent weeks over the use of Congress Springs Park, have expanded the Project Manger's
original scope of services to include 3) negotiating joint -use agreements for all existing
playfields city -wide.
Staff concurs with the Parks and Recreation Commission's recommendation to retain Mr. Beals
services in order to move forward with this project as quickly as is possible. The anticipated date
to conclude with the negotiation process is set for the end of September.
Attached is a copy of the proposed agreement between the City and Beals Landscape
Architecture. Council is being asked to approve the attached agreement and to direct staff to
execute the contract with the Project Manager in order to begin implementing the activities
outlined in the scope of services.
FISCAL IMPACTS:
Monies to fund this project would be deducted from the Park Development Fund. No general
Fund monies would be used.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
None
CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION(S):
The listed recommendation will not be approved and Beals Landscape Architecture's services
will not be retained to move forward on the Park Development Project.
FOLLOW UP ACTIONS:
All sports leagues, school districts and other appropriate parties listed on page three of Exhibit A
will be contacted and invited to participate in a series of negotiation meetings.
ATTACHMENTS:
1. Proposed Contractual Agreement between the City of Saratoga and Beals Landscape
Architecture.
CITY OF SARATOGA
CONTRACTUAL SERVICES AGREEMENT
THIS AGREEMENT is made at Saratoga, California, as of,
May 13, 1998, by and between the CITY OF SARATOGA, a municipal
corporation ( "City "), and Beals Landscape Architecture,
( "Contractor "), who agree as follows:
1. SCOPE OF SERVICES. Subject to the terms and
conditions set forth in this Agreement, Contractor shall provide
to City the services described in Exhibit A. Contractor shall
provide said services at the time, place and in the manner
specified in Exhibit A.
2. PAYMENT SCHEDULE. City shall pay Contractor for
services rendered pursuant to this Agreement at the time and in
the manner set forth in Exhibit B. The payments specified in
Exhibit B shall be the only payments to be made to Contractor for
services rendered pursuant to this Agreement. Contractor shall
submit all billings for said services to City in the manner .
specified in Exhibit B; or, if no manner be specified in Exhibit
B, then according to the usual and customary procedures and
practices which Contractor uses for billing clients similar to
City.
3. FACILITIES AND EQUIPMENT. Except as set forth in
Exhibit C, Contractor shall, at its sole cost and expense,
furnish all facilities and equipment which may be required for
furnishing services pursuant to this Agreement. City shall
furnish to Contractor only the facilities and equipment listed in
Exhibit C according to the terms and conditions set forth in
Exhibit C.
4. GENERAL PROVISIONS. The general provisions set
forth in Exhibit D are part of this Agreement. In the event of
any inconsistency between said general provisions and any other
terms or conditions of this Agreement, the other term or
condition shall control insofar as it is inconsistent with the
general provisions.
5. EXHIBITS. All exhibits referred to herein are
attached hereto and are by this reference incorporated herein.
6. CONTRACT ADMINISTRATION. This Agreement shall be
administered by Larry I. Perlin, ( "Administrator "). All
correspondence shall be directed to or through the Administrator
or his or her designee.
7. NOTICES. Any written notice to Contractor shall
be sent to:
William Jay Beals, Beals Landscape Architecture
Two North Market, Fifth Floor
San Jose, CA 95113
Any written notice to City shall be sent to:
Larry Perlin, City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
Standard Contractual Services Agreement Page 2 of 20
A: \CONTRACT.STD
Executed as of the day first above stated:
CITY OF SARATOGA, a municipal corporation
By
Larry Perlin, "City"
Attest:
Betsy Cory, City Clerk
By
William J. Beals, "Contractor"
Approved as to form:
Mike Riback, City Attorney
Approved as to budget authority:
011ie Wright, Finance Director
Accounting Data Amount Contract #
Standard Contractual Services Agreement Page 3 of 20
A: \CONTRACT.STD
EXHIBIT A
SCOPE OF SERVICES
Please refer to attached Exhibits A and Exhibit A -1 that outline
the scope of services and the proposed project schedules.
Standard Contractual Services Agreement
A: \CONTRACT.STD
Page 4 of 20
EXHIBIT A
PROPOSAL FOR CITY OF SARATOGA
MANAGEMENT OF PARTNERSHIP PROCESS BETWEEN THE CITY OF SARATOGA,
THREE SCHOOL DISTRICT AND THE USER GROUPS.
PROJECT UNDERSTANDING
.The City of Saratoga has selected Jay Beals and Beals.Landscape Architecture, Inc. to lead the effort in
achieving satisfactory joint -use agreements and contracts relating to park and school athletic field usage.
The purpose is to build consensus between City of Saratoga, the three School Districts and various user
groups leading to development of joint use agreements and contracts, roles, responsibilities, and
obligations of each party. This need has been brought about for various reasons summed up as follows:
1 . There is a limited amount of available open space for use by community and athletic groups.
2. There is a limited amount of funding and manpower to maintain the sites currently open and
used by these groups.
3. The combination of an increase in users, and a reduction in available funding to cities,
compounded with federal cutbacks from the federal government to municipalities has resulted in
the inability of the majority of cities to properly maintain existing facilities.
4. The voters did not approve a utility fax that would have assisted in reconciling these
expenditures.
S. The majority of open space within the City of Saratoga that is currently developed belongs to
three School Districts and therefore is used by these Districts during school hours. This land is
and should be available to the remainder of the community during evenings and weekends as
well as summer time pursuant to the Civic Center Act.
6. The City may have funding available to put into capital improvements to achieve the end result
of reducing maintenance costs and obligations. However, these maintenance obligations must
be agreed upon and finalized prior to said improvements being implemented.
7. The City of Saratoga has seen a reduction in funding and staff position in recent times including
the recent vacancy of the Superintendent of Parks. That has not, and probably will not, be filled
by the City in the foreseeable future. Those duties have been shared amongst the remainder of
the people in the organization.
The above-stated reasons are not intended to constitute all of the items that are influencing the need for
the City to achieve the above stated agreements, however, they are the primary ones. There are
existing agreements and contracts and long- standing perceived obligations on all parties. The City of
Saratoga has taken it upon themselves to retain a consultant to assist them in the process of formalizing
new agreements that look forward to recreation and joint -use in a new millennium.
The City of Saratoga has designated specific sites to be included within this project management work.
The site users and associated school districts, where applicable, are noted below.
Priority Projects
1. Playfields at School Sites
A. Foothill School/Foothill Park: Saratoga Union School District
1. SUSD, Los Gatos Saratoga Girls Softball League
2. AYSO, CYSA
B. Saratoga School (Oak Street School): Saratoga Union School District
1. Unknown who may be interested
2. Good potential for practice fields if drainage problems are resolved
3. CYSA
C. Argonaut School: Saratoga Union School District
1. Does have much potential
2. O.K. for practice /games
J. IPROPOSAL91PW"&27 CRY OF WRATOWPROPOSAL QW REV5-7D0C Page 1
8 L A L S L A N D S C A P E A R C H 1 T E C T U R E. I N C.
D. - Redwood Middle School: Saratoga Union School District .
1. Best potential for gamesltournaments because of location and parting
2. Saratoga Little League, AYSO, CYSA
E. Marshall Lane (Campbell Elementary): Campbell School District
1. Quito Little League
F. Blue Hills School/Azule Park Site: Cupertino School District
1. Great potential for field development
G. Christa Macauliffe School: Cupertino School District
1. Determine potential and interest
II. Project sites and parks within the City of Saratoga
A. Congress Springs -
1 . Saratoga Little League
2. AYSO
B. Kevin Moran
C. El Quito
'Maintained by City
At the project pre - planning meeting, it was agreed by those present that because of the recent events
relating to the potential increase in fees for user groups, there is considerable resistance in fee increases
from these user groups. Therefore, though the original purpose of this contract and the project
management was to secure and negotiate lease and contracts with the multiple agencies and user
groups, for school sites, the current role of the consultant 'has changed to be a more global one. It was
agreed at the meeting that this project should begin with a mission statement to which all parties agree
and that the work of the Task Force should be to achieve goals and objectives to support that mission
statement. It is understood that this may include various funding aspects, including fee increases, but
also including other opportunities such as assessment districts, user taxes, reapportionment of utility
taxes, new utility taxes, service clubs, corporate sponsors and other options that may be brainstormed
during the process. One other objective to be achieved is the maintenance options relating to who
maintains sites, why, and how that particular group is compensated. Because of the critical nature of this
particular project and the agreements currently expiring in 1998, there is an urgent need to complete this
process as soon as possible ending in a report that would go to the City Council for consideration.
To begin this project, the people present at the pre - planning meeting agreed on the initial mission
statement that should be taken forward to the task force to begin the process. That is, "The propose of
this process is to develop a mutually inclusive and equitable partnership for joint-use development and
maintenance of sites within the City of Saratoga."
SCOPE OF SERVICES
The following specific Scope of Services are represented in this proposal. The process is divided into 8
parts that reflect specific product and time milestones.
Project Pre - planning
This phase of the project is used to establish a baseline of work and services to be performed by
the consultant as agreed upon by the client. The purpose is to ensure that the process is
property designed to meet the known and anticipated needs of the client.
A. Initial meeting with the City representative.
B. Establish the initial project scoping and understanding.
C. Complete preparation for the pre- planning meetings:
1. Review of provided material
2. Design of meeting and establish CPR
3. Establish agenda
4. Prepare required materials
D. Pre - planning meeting including meeting minutes.
E. Finalization of Project Scoping, Fees & Timeline.
JAPROPOSAL9P991P9627 QrY OF SARATOGAIPROPOSAL 62691 REV5-7DOC
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B E A L S L A N D S C A P E A R C H I T E C T U R E. I N C.
F. Approval and ratification of consultant contract by the Park & Recreation Commission
and City Council.
1. Attend Park & Recreation Commission meeting May 4, 1998 and City Council
meeting May 12, 1998.
Project Framing
To appropriately begin the project an accepted framework needs to be established. Once
selection of the Task Force is approved, it is important to have all members take an integral part
in the establishment of that framework The essential parts are:
Mission Statement
Goals & Objectives
Process End Product
Process Timeline
In order to achieve this, we propose the following work items for this phase;
A. Assist the City in designing a Task force and Project Planning Committee. The Project
Planning Committee (PPC) will be composed of City Staff, Park & Recreation
Commission, and Council Members. Their purpose is to provide specific direction to the
consultant relating to City policy, historical issues, technical issues (i.e., maintenance)
costs, funding and other materials required by the consultant. We propose the Task
Force be comprised of selected representatives from each of the following ofganizations.
We suggest that the quantity of representatives be proportional to stake - holding capacity
of each organization.
1. City of Saratoga
a) City Council (1)
b) City Manager's Office (1)
c) Parks & Recreation Commission (2)
d) City Maintenance (Parks Superintendent) (1)
e) City Staff Liaison (1)
2. School District (3 total)
a) Policy maker (Board of Trustees) (14)
b) Facility Manager (Deputy Superintendent) (1X3)
3. User Groups
a) Los Gatos Girls Softball (1)
b) AYSO (1)
C) Saratoga Little League (1)
d) Pony Baseball (1)
e) Quito Little League (1)
f) CYSA
g) Others'?
B. Hold a Task Force preplanning meeting with staff to verify needs and uses of the sites.
C. Complete a site walk to review each site. The sites will be documented photographically
for future use and a matrix diagram will be prepared to begin to establish the following;
1. Code compliance and safety issues
2. Current site condition and potential improvements
3. Current and potential maintenance levels
4. Other general observations
D. Prepare for the PPC Meeting.
1. Review of provided material
2. Design of meeting and establish CPR
3. Establish agenda
4. Prepare required materials
E. Facilitate PPC Meeting S1
JAPFOPOSALS1P9MAV CITY OF SAPATOGAVWOSAL 42898 REVSJ pOC
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B E A L S L A N D S C A P E A R C H r T E C T U R E. 1 N C.
F. Prepare for the Task Force meeting.
1. Review of provided material
2. Design of meeting and establish CPR
3. Establish agenda
4. Prepare required materials
G. Facilitate Task Force Meeting *1
1. Develop ground rules
2. Develop roles and responsibilities
3. Develop Pro cess Framework
4. Agree on accountability
5. Agree on action work items for each member.
111. Impact on Sites
To properly evaluate the needs for site development and maintenance, it is critical to establish
the current use and impact on the sites. The action items out of the Project Framing portion will
include research into specific site impacts by the Task Force members. The purpose of this
phase is for the consultant to evaluate that data and present it in a structured manner to the PPC
and Task Fore.
A. Receive data from Task Force members.
B. Complete second site visit to evaluate data on a site specific basis.
C. Complete preparation for the PPC meeting.
1. Review of provided material
2. Design of meeting and establish CPR
3. Establish agenda
4. Prepare required materials
D. Facilitate PPC meeting 02
E: Prepare for the Task Force meeting.
1. Review of provided material
2. Design of meeting and establish CPR
3. Establish agenda
4. Prepare required materials
F. Facilitate Task Force meeting 92
1. Review current site use and capacity
2. Review required or anticipated use needs
3. Review development needs
4. Review current and anticipated maintenance levels
5. Agree on accountability
6. Agree on action work items for each member
IV. Establish Criteria for Accountability
The end product of this process has not yet been agreed upon, but is believed to be inconcert
with the preliminary Mission Statement resulting in agreements between parties and the criteria
for reaching these agreements that can be used for future negotiation. It will also provide the
basis for future improvements to current sites. To achieve this product, each party must be held
accountable for meeting their portion of the agreement. The first step towards this, once the
challenge has been defined is to develop the criteria for that accountability.
A. Receive data from Task Force members.
B. Complete independent survey and consultation with external resources.
C. Develop conceptual site improvements program plans to a costable level.
D. Complete preparation for the PPC meeting.
1. Review of provided material
2. Design of meeting and establish CPR
3. Establish agenda
4. Prepare required materials
E. Facilitate PPC 03
J nOPOSV-9PWP9& -V MY OF WATOGAWROPOSAI 4.18,9E REVS? OOC
Page 4
8 E A L S L A N D S C A P E A R C H I T E C T U R E, I N C.
F. Prepare for the Task Force meeting.
1. Review of provided material
2. Design of meeting and establish CPR
3. Establish agenda
4. Prepare required materials
G. Facilitate Task Force meeting #3
1. Review general desired improvement and maintenance levels in concept.
including cost parameters
2. Review individual site program plans
3. Review potential site improvement costs
4. Review corresponding maintenance levels and requirements
5. Agree on action work items for each member
V. Agreement on Accountability
The final job of the Task Force is to reach agreement on who will be held accountable for what
items. The agreement will be based on a dear understanding of each stakeholder's role and
responsibility. This will include improvements and maintenance responsibilities with an
understanding of real costs and cost burdens and methods of measurement.
A. Consultant will develop a matrix on a site-by -site basis of the users, site impact,
suggested improvements and maintenance cost parameters.
B. Complete preparation for the PPC meeting.
1. Review of provided material
2. Design of meeting and establish CPR
3. Establish agenda
4. Prepare required materials
C. Facilitate PPC meeting #4
D. Prepare for the Task Force meeting.
1. Review of provided material
2. Design of meeting and establish CPR
3. Establish agenda
4. Prepare required materials
E. Facilitate Task Force meeting #4
1. Review maintenance general costs by level
2. Review roles, responsibilities of each group
3. Review general agreement and contract criteria
4. Review specific site -by -site agreement drafts
5. Obtain agreement of accountability for agreements to send forward to City
Attorney and City Council
6. Celebrate the success of the work completed
VI. Contract Development & Ratification
The last phase of the project is to work with the Staff and City Attorney to develop a legal and
binding document that is concurrent with the draft documents. Consultants will meet
independently with all parties to review the specific site requirements and responsibilities
included in the final document.
A. Meetings with Staff and City Council (2 total)
B. Meetings with user groups (6 total)
C. Meetings with the School Districts (3 total)
D. 'Presentation to the Parks & Recreation Commission
E. 'Presentation to the City Council
• Optional service
J.1PR0P09ALSIP9 M&V C1rY OF SARATOGA"OPOSAL L28a REVS7DOC Pap 5
R E n L S L A N D S C A P E A R C H I T R C T U R E, I N C.
EXHIBIT A -1
PROPOSAL FOR CITY OF SARATOGA
MANAGEMENT OF PARTNERSHIP PROCESS BETWEEN THE CITY OF SARATOGA,
THREE SCHOOL DISTRICTS AND THE USER GROUPS
TENTATIVE PROJECT SCHEDULE
Meetino Milestone
• Items indicated with an asterisk are provided as a non - billable service.
J TROPOSALS1P98TW27 CITY OF SARATOGAWEETING MILESTONES 4- 2998.00C
l �' F) S C A P E A k C I I l f. C T I k
Page 1
Accelerated
Anticipated
Pre - Planning
4 -23 -98
4 -23 -98
• Park & Recreation Commission
5-4-98
5 -4-98
• City Council
5 -12 -98
5 -12 -98
Task Force Pre - Planning
5 -14 -98
PPC Meeting #1
5 -14-98
6 -11 -98
8Mjfte. Meeting #1
5 -20-98
PPC Meeting #2
6 -11 -98
7 -9-98
"'rbskF"d ting #2
6 -17 -98
7- 15-98
PPC Meeting #3
7 -9 -98
8 -13 -98
Task Force Meeting #31
7 -15-98
8 -19-98 4
PPC Meeting #4
8 -13 -98
9 -12 -98
8 -19-98
Park & Recreation Commission Meeting
TBD
TBD
City Council Meeting
TBD
TBD
• Items indicated with an asterisk are provided as a non - billable service.
J TROPOSALS1P98TW27 CITY OF SARATOGAWEETING MILESTONES 4- 2998.00C
l �' F) S C A P E A k C I I l f. C T I k
Page 1
EXHIBIT B
PAYMENT SCHEDULE
City shall pay Contractor an amount not to exceed the total sum
of Forty -seven thousand three hundred forty dollars($47,340.00)
for services to be performed and reimbursable costs incurred
pursuant to this Agreement. Contractor shall submit invoices,
not more often than once a month during the term of this
Agreement, based on the cost for services performed and
reimbursable costs incurred prior to the invoice date. Invoices
shall contain the following information.
1. Serial identifications of progress bills, i.e.,
Progress Bill No. 1.
2. The beginning and ending dates of the billing period.
3. A Task Summary containing the original contract amount,
the amount of prior billings, the total due this
period, the balance available and the percentage of
completion.
4. For each work item in each task, a copy of the
applicable time sheets shall be submitted showing the
name of the person doing the work, the hours spent by
each person, a brief description of the work, and each
reimbursable expense.
City shall make monthly payments, based on such invoices,
for services satisfactorily performed, and for authorized
Standard Contractual Services Agreement Page 5 of 20
A: \CONTRACT.STD
reimbursable costs incurred.
City shall pay the last 10% of the total sum due pursuant to
this Agreement within forty -five (45) days after completion of
the services and submittal to City, if all services due pursuant
to this Agreement have been satisfactorily performed.
The total sum stated above shall be the total which City
shall pay for the services to be rendered by Contractor pursuant
to this Agreement. City shall not pay any additional sum for any
expense or cost whatsoever incurred by Contractor in rendering
services pursuant to this Agreement.
City shall make no payment for any extra, further or
additional service pursuant to this Agreement unless such extra
service and the price therefor is agreed to in writing executed
by the City Manager or other designated official of City
authorized to obligate City thereto prior to the time such extra
service is rendered and in no event shall such change order
exceed twenty -five (25 %) of the initial contract price.
Fees for work performed by Contractor on an hourly basis
shall not exceed the amounts shown on the fee schedule of hourly
billing included as Attachment B -1.
Reimbursable expenses are specified on Attachment B -2, and
shall not exceed One Thousand Dollars($ 1,000). Expenses not
listed on Attachment B -2 are not chargeable to City.
The services to be provided under this Agreement may be
Standard Contractual Services Agreement
A: \CONTRACT.STD
Page 6 of 20
terminated without cause at any point in time in the sole and
exclusive discretion of City. In this event, City shall
compensate the Contractor for all outstanding costs incurred for
work satisfactorily completed as of the date of written notice
thereof. Contractor shall maintain adequate logs and time sheets
in order to verify costs incurred to date.
The Contractor is not authorized to perform any services or
incur any costs whatsoever under the terms of this Agreement
until receipt of a fully executed Purchase Order from the Finance
Department of the City of Saratoga.
Please refer to attached Exhibit A -2 that outlines professional
fee rates and fee estimate sheet.
Standard Contractual Services Agreement Page 7 of 20
A: \CONTRACT.STD
EXHIBIT A - 2
PROPOSAL FOR CITY OF SARATOGA
MANAGEMENT OF PARTNERSHIP PROCESS BETWEEN THE CITY OF SARATOGA,
THREE SCHOOL DISTRICTS AND THE USER GROUPS
PROFESSIONAL FEES
Based on Scope of Services shown under "Exhibit A' for City of Saratoga, we propose a fixed
fee of $47,340.00 for the project, excluding expenses, as noted in the fee breakdown below.
Scope of Services is based on the attached Fee Estimate Sheet.
Beals Landscape Architecture, Inc. - Prime
Management of Partnership Process
Project Pre - Planning
$3,220
Project Framing
9,400
Impact on Sites
8,850
Establish Criteria for Accountability
11,270
Agreement on Accountability
9,020
Contract Development
5.580
Total
$ 47,340
PROJECT HOURS MATRIX
Please refer to the pages that follow for the task and hourly breakdown.
$ 47,340
DIRECT EXPENSES
Direct expenses charged by the Beals Landscape Architecture, Inc. team include mileage, in-
house computer plotting and printing -and outside services such as printing reproduction, soil
fertility testing, photo processing, etc.
REIMBURSABLE RATES
Blueprints and Reproductions, Plotting
Transportation
Sub Consultant Services
In -House Blue Prints
Sepia
SepiaMylar
Xerox
Plotting
REIMBURSABLE EXPENSES
Blueprints and Reproductions
Photography
Models and Renderings
Fax ' $.26 per page
Cost plus 20%
$ .32 per mile
Cost plus 20%
$1.85 per print
$ 6.85 per print
$17.85 per print
$ .26 per page
$ 1.25 per SF/Bond
$ 3.00 per SFNellum
Promotional Brochures
Parking and Toll Expenses + 15%
Permit Fees + 15%
Telephone Costs + 15%
L A N D S C A P E A R C H 1 T h C' '1 l K
FEE ESTIMATE WORKSHEET
CLIENT: City of Saratoga
PROJECT : Management of Partnership Process
BLAi JOB NO. P98 -27
BEALS LANDSCAPE ARCHITECTURE, INC.
Date: April 28, 1998
PREP. BY: Jay Beals
Task
Description
CTID
$50.00
PLA
$70.00
1 PIC
$150.00
Total Fees
I
Project Pre-Planning
A
Initial Meeting
12.0
$0.00
2.0
$0.00
2.0
$300.00
$300.00
B
Initial Project Scoping
1.0
$50.00
3.0
$0.00
4.0
$600.00
$650.00
C
Complete Preparation for Meetings
4.0
$200.00
2.0
$140.00
4.0
$600.00
$940.00
D
Preowning Meeting
4.0
$0.00
3.0
$210.00
3.0
$450.00
$660.00
E
Finalization of Project Scoping
2.0
$0.00
1.0
$70.00
4.0
.$600.00
$670.00
F1
Attend PRC & City Council Mtgs.
4.0
$0.00
15.0
$0.001
4.0
NC
NC
SUB -TOTAL
1 5.0
$250.001
$100.00
20.00
121.01
$2,550.00
$3,220.00
Task
Description
CTID
$50.00
PLA
1 $70.00
PIC
$150.00
Total Fees
II
Project Framing
A
Assist in Designing a Task Force
12.0
$600.00
2.0
$140.00
4.0
$600.00
$1,340.00
B
Task Force Pre-Planning
12.0
$0.00
3.0
$210.00
2.0
$300.00
$510.00
C
Complete a Site Walk
15.0
$750.00
10.0
$0.00
5.0
$750.00
$1,500.00
D
Prepare for PPC Meeting
4.0
$200.00
10.0
$700.00
6.0
$900.00
$1,800.00
E
Facilitate #1 PPC Meeting
2.0
$100.00
5.0
$350.00
3.0
$450.00
$900.00
F
Prepare for Task Force Meeting
4.0
$200.00
15.0
$1,050.00
8.0
$1,200.00
$2,450.00
G
I Facilitate #1 Task Force Meeting
2.0
$100.00
5.0
$350.00
1 3.0
$450.001
$900.00
SUB -TOTAL
39.01
$1,950.00
40.0
$2,800.00 131.01
30.01
$4,650.00 1
$9,400.00
Task
Description
CTID
$50.00
PLA
$70.00
PIC
$150.00
Total Fees
III
Impact on Sites
A
Receive Data from Task Force
12.0
$600.00
10.0
$700.00
2.0
$300.00
$1,600.00
B
Complete 2nd Site Walk
12.0
$600.00
12.0
$0.00
4.0
$600.00
$1,200.00
C
CaMlete Preparation for PPC Mtg.
4.0
$200.00
10.0
$700.00
6.0
$900.00
$1.800.00
D
Facilitate #2 PPC Meeting
2.0
$100.00
5.0
$350.00
3.0
$450.00
$900.00
E
Prepare for Task Force Meeting
4.0
$200.00
15.0
$1,050.00
8.0
$1,200.00
$2,450.00
F
I Facilitate #2 Task Faroe Meeting
2.0
$100.00
5.0
$350.00
3.0
$450.00
$900.00
SUB -TOTAL
1 36.01
$1,800.00
45.0
$3,150.00
26.0
$3,900.001
$8,850.00
Task
Description
CTID
$50.00
PLA
$70.00
PIC
$150.00
Total Fees
IV
Establish Criteria for Accountability
A
Receive Data from Task Face
12.0
$600.00
10.0
$700.00
2.0
$300.00
$1,600.00
B
Complete Independent Survey
12.0
$600.00
12.0
$840.00
4.0
$600.00
$2,040.00
C
Develop Conceptual Site Improv.
$0.00
16.0
$1,120.00
4.0
$600.00
$1.720.00
D
Preparation for PPC M .
4.0
$200.00
8.0
$560.00
6.0
$900.00
$1,660.00
E
Facilitate #3 PPC Meeting
2.0
$100.00
5.0
$350.00
3.0
$450.00
$900.00
F
Prepare for Task Force Meeting
4.0
$200.00
15.0
$1,050.00
8.0
$1,200.00
$2,450.00
G
Facilitate #3 Task Face Meeting
1 2.0
$100.00
5.0
$350.001
3.0
$450.001
$900.00
SUB -TOTAL
1 36.0
E $1,800.00
1 71.01
$4,970.001
30.01
$4,500.00
1 $11,270.00
J:\StandardslPmpwals\Fee Estimate rds Page I
R f A L S L A K D S C A P E A R C H I T E C T U k E. I 1' U
FEE ESTIMATE WORKSHEET
CLIENT: City of Saratoga
PROJECT : Management of Partnership Process
BLAi JOB NO. P98 -27
BEALS LANDSCAPE ARCHITECTURE, INC.
Date: April 28, 1998
PREP. BY: Jay Beals
Task
Description
CT /D
$50.00
PLA
$70.00
PIC
$150.00
Total Fees
V
Agreement on Accountability.
A
Develop a Matrix
12.0
$600.00
20.0
$1,400.00
4.0
$600.00
$2.600.00
B
Complete Preparation for PPC Mtg.
4.0
$200.00
15.0
$1,050.00
6.0
$900.00
$2,150.00
C
Facilitate #4 PPC Meeting
2.0
$100.00
6.0
1 $420.00
4.0
$600.00
$1.120.00
D
Prepare for Task Force Meebng
$0.00
15.0
$1,050.00
8.01
$1,200.00
$2,250.00
E
Facilitate #4 Task Force Meeting
2.0
$100.00
5.0
$350.00
3.0
$450.00
$900.00
SUB -TOTAL
r 20.0
$1,000.00
61.0
$4,270.00
25.01
$3,750.00
$9,020.00
Task
Description
CT /D
1 $50.00
PLA
$70.00
1 PIC
$150.00
Total Fees
VI
Contract Development
A
Meeting vdStaff& C4ty Council
2.0
$100.00
8.0
$560.00
6.0
$900.00
$1,560.00
B
Meetings vdUser Groups
2.0
$100.00
8.0
$560.00
6.0
$900.00
$1,560.00
C
Meetings vdSchool Districts
2.0
$100.00
8.0
$560.00
6.0
$900.00
$1,560.00
D
Presentation to PRC
$0.00
$0.00
3.0
$450.00
$450.00
E
Presentation to City Council
$0.00
$0.00
3.0
$450.00
$450.00
SUB -TOTAL
6.0
$300.00
24.0
$1,680.00
24.0
$3,600.00
$5,580.00
TOTALS $7,100.00 $17,290.00 $22,950.00 $47,340.00
JAStandardslProposalsTee EstimateAs Page 2
R I:. A L S L .-\ N D S C A P E A R C H I T E C T I' k I.. I N (
EXHIBIT C
FACILITIES AND EQUIPMENT
City shall furnish physical facilities such as desks, filing
cabinets, and conference space, as may be reasonably necessary
for Contractor's use while consulting with City employees and
reviewing records and the information in possession of City. The
location, quantity, and time of furnishing said physical
facilities shall be in the sole discretion of City. In no event
shall City be obligated to furnish any facility which may involve
incurring any direct expense, including, but not limiting the
general'it.y of this exclusion, long- distance telephone or other
communication charges, vehicles, and reproduction facilities.
Standard Contractual Services Agreement Page 8 of 20
A: \CONTRACT.STD
EXHIBIT D
GENERAL PROVISIONS
1. INDEPENDENT CONTRACTOR. At all times during the term of
this Agreement, Contractor shall be an independent contractor and
shall not be an employee of City. City shall have the right to
control Contractor only insofar as the results of Contractor's
services rendered pursuant to this Agreement; however, City shall
not have the right to control the means by which Contractor
accomplishes services rendered pursuant to this Agreement.
2. LICENSES; PERMITS; ETC. Contractor represents and warrants
to City that it has all licenses, permits, qualifications and
approvals of whatsoever nature which are legally required for
Contractor to practice its profession. Contractor represents and
warrants to City that Contractor shall, at its sole cost and
expense, keep in effect at all times during the term of this
Agreement any licenses, permits, and approvals which are legally
required for Contractor to practice its profession. In addition
to the foregoing, Contractor shall obtain and maintain during the
term hereof a valid City of Saratoga Business License.
3. TIME. Contractor shall devote such time to the performance
of services pursuant to this Agreement as may be reasonably
necessary for satisfactory performance of Contractor's
Standard Contractual Services Agreement
A: \CONTRACT.STD
Page 9 of 20
R
obligations pursuant to this Agreement.
4. INSURANCE REQUIREMENTS. Contractor shall procure and
maintain for the duration of the contract "occurrence coverage"
insurance against claims for injuries to persons or damages to
property which may arise from or in connection with the
performance of the work hereunder by the Contractor, its agents,
representatives, employees or subcontractors. The cost of such
insurance shall be included in the Contractor's bid.
A. Minimum Scope of Insurance. Coverage shall be at least
as broad as:
(1) Insurance Services Office form number GL 0002 (Ed.
1/73) covering comprehensive General Liability and
Insurance Services Office form number GL 0404
covering Broad Form Comprehensive General
Liability; or Insurance Services Office Commercial
General Liability coverage ( "occurrence" form CG
0001.)
(2) Insurance Services Office form number CA 0001 (Ed.
1/78) covering Automobile Liability, code 1 "any
auto" and endorsement CA 0025.
Standard Contractual Services Agreement
A: \CONTRACT.STD
Page 10 of 20
0
(3) Workers' Compensation Insurance as required by the
Labor Code of the State of California and
Employers Liability Insurance.
B. Minimum Limits of Insurance. Contractor shall maintain
limits no less than:
(1) General Liability: $1,000,000 combined single
limit per occurrence for bodily injury, personal
injury and property damage. If commercial General
Liability Insurance or other form with a general
aggregate limit is used, either the general
aggregate limit shall apply separately to this
project /location or the general aggregate limit
shall be twice the required occurrence limit.
(2) Automobile Liability: $1,000,000 combined single
limit per accident for bodily injury and property
damage.
(3) Workers' Compensation and Employers Liability:
Workers' Compensation limits as required by the
Labor Code of the State of California and
Standard Contractual Services Agreement Page 11 of 20
A: \CONTRACT.STD
Employers Liability limits of $1,000,000 per
accident.
C. Deductibles and Self- Insured Retention. Any
deductibles or self - insured retention must be declared
to and approved by the City. At the option of the
City, either the insurer shall reduce or eliminate such
deductibles or self - insured retention as respects the
City, its officers, officials and employees; or the
Contractor shall procure a bond guaranteeing payment of
losses and related investigations, claim administration
and defense expenses.
D. Other Insurance Provisions. The policies are to
contain, or be endorsed to contain, the following
provisions:
(1) General Liability and Automobile Liability
Coverage.
a. The City, its officers, officials, employees
and volunteers are to be covered as insured
as respects: liability arising out of
activities performed by or on behalf of the
Standard Contractual Services Agreement
A: \CONTRACT.STD
Page 12 of 20
Contractor; products and completed operations
of the Contractor, premises owned, occupied
or used by the Contractor, or automobiles
owned, leased, hired or borrowed by the
Contractor. The coverage shall contain no
special limitations on the scope of the
protection afforded to the City, its
officers, officials, employees or volunteers.
b. The Contractor's insurance coverage shall be
primary insurance as respects the City, its
officers, officials, employees and
volunteers. Any insurance or self - insurance
maintained by the City, its officers,
officials, employees or volunteers shall be
excess of the Contractor's insurance and
shall not contribute with it.
C. Any failure to comply with reporting
provisions of the policies shall not affect
coverage provided to the City, its officers,
officials, employees or volunteers.
d. The Contractor's insurance shall apply
Standard Contractual Services Agreement Page 13 of 20
A: \CONTRACT.STD
separately to each insured against whom claim
is made or suit is brought, except with
respect to the limits of the insurer's
liability.
(2) Workers' Compensation and Employers Liability
Coverage.
The insurer shall agree to waive all rights of
subrogation against the City, its officers,
officials, employees and volunteers for losses
arising from work performed by the Contractor for
the City.
(3) Professional Liability.
Contractor shall carry professional liability
insurance in an amount deemed by the City to
adequately protect the Contractor against
liability caused by negligent acts, errors or
omissions on the part of the Contractor in the
course of performance of the services specified in
this Agreement.
Standard Contractual Services Agreement
A: \CONTRACT.STD
Page 14 of 20
(4) All Coverage.
Each insurance policy required by this clause
shall be endorsed to state that coverage shall not
be suspended, voided, canceled by either party,
reduced in coverage or in limits except after
thirty (30) days' prior written notice by
certified mail, return receipt requested, has been
given to the City.
E. Acceptability of Insurers. Insurance is to be placed
.with insurers with a Bests' rating of no less than
A:VII.
F. Verification of Coverage. Contractor shall furnish
City with certificates of insurance and with original
endorsements effecting coverage required by this
clause. The certificates and endorsements for each
insurance policy are to be signed by a person
authorized by that insurer to bind coverage on its
behalf. The certificates and endorsements are to be
received and approved by the City before work
commences. The City reserves the right to require
complete, certified copies of all required insurance
Standard Contractual Services Agreement
A: \CONTRACT.STD
Page 15 of 20
a
U
policies, at any time.
G. Subcontractors. Contractor shall include all
subcontractors as insured under its policies or shall
furnish separate certificates and endorsements for each
subcontractor. All coverage for subcontractors shall
be subject to all of the requirements stated herein.
H. The Risk Manager of City may approve a variation in
those insurance requirements upon a determination that
the coverage, scope, limits and forms of such insurance
are either not commercially available or that the
City's interests are otherwise fully protected.
5. CONTRACTOR NO AGENT. Except as City may specify in writing,
Contractor shall have no authority, express or implied, to act on
behalf of City in any capacity whatsoever as an agent.
Contractor shall have no authority, express or implied, pursuant
to this Agreement to bind City to any obligation whatsoever.
6. ASSIGNMENT PROHIBITED. No party to this Agreement may
assign any right or obligation pursuant to this Agreement. Any
attempted or purported assignment of any right or obligation
pursuant to this Agreement shall be void and of no effect.
Standard Contractual Services Agreement
A: \CONTRACT.STD
Page 16 of 20
_ f
7. PERSONNEL. Contractor shall assign only competent personnel
to perform services pursuant to this Agreement. In the event that
City, in its sole discretion, at any time during the term of this
Agreement, desires the removal of any such persons, Contractor
shall, immediately upon receiving notice from city of such desire
of City, cause the removal of such person or persons.
8. STANDARD OF PERFORMANCE. Contractor shall perform all
services required pursuant to this Agreement in the manner and
according to the standards observed by a competent practitioner
of the profession in which Contractor is engaged in the
geographical area in which Contractor practices its profession.
All instruments of service of whatsoever nature which Contractor
delivers to City pursuant to this Agreement shall be prepared in
a substantial, first class and workmanlike manner and conform to
the standards of quality normally observed by a person practicing
in Contractor's profession.
9. HOLD HARMLESS AND RESPONSIBILITY OF CONTRACTORS. Contractor
shall take all responsibility for the work, shall bear all losses
and damages directly or indirectly resulting to him, to any
subcontractor, to the City, to City officers and employees, or to
parties designated by the City, on account of the performance or
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character of the work, unforeseen difficulties, accidents,
occurrences or other causes predicated on active or passive
negligence of the Contractor or of any subcontractor. Contractor
shall indemnify, defend and hold harmless the City, its officers,
officials, directors, employees and agents from and against any
or all loss, liability, expense, claim, costs (including costs of
defense), suits, and damages of every kind, nature and
description directly or indirectly arising from the performance
of the work. This paragraph shall not be construed to exempt the
City, its employees and officers from its own fraud, willful
injury or violation of law whether willful or negligent. For
purposes of Section 2782 of the Civil Code the parties hereto
recognize and agree that this agreement is not a construction
contract. By execution of this Agreement, Contractor
acknowledges and agrees that it has read and understands the
provisions hereof and that this paragraph is a material element
of consideration.
Approval of the insurance contracts does not relieve the
Contractor or subcontractors from liability under this paragraph.
10. GOVERNMENTAL REGULATIONS. To the extent that this Agreement
may be funded by fiscal assistance from another governmental
entity, Contractor shall comply with all applicable rules and
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regulations to which City is bound by the terms of such fiscal
assistance program.
11. DOCUMENTS. All reports, data, maps, models, charts,
studies, surveys, photographs, memoranda or other written
documents or materials prepared by Contractor pursuant to this
Agreement shall become the property of City upon completion of
the work to be performed hereunder or upon termination of the
Agreement.
12. COMPLIANCE WITH APPLICABLE LAWS. Contractor shall comply
with all laws applicable to the performance of the work
hereunder, including, but not limited to, laws prohibiting
discrimination based on race, religious creed, color, national
origin, ancestry, physical handicap, medical condition, marital
status or sex.
13. USE OF RECYCLED PRODUCTS. Contractors shall prepare and
submit all reports, written studies and other printed material on
recycled paper to the extent it is available at equal or less
cost than virgin paper.
14. PROFESSIONAL SEAL. Where applicable in the determination of
the contract administrator, the first page of a technical report,
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first page of design specifications, and each page of
construction drawings shall be stamped /sealed and signed by the
licensed professional responsible for the report /design
preparation. The stamp /seal shall be in a block entitled "Seal
and Signature of Registered Professional with report /design
responsibility" as per sample below.
Seal and Signature of Registered
Professional with report /design
responsibility.
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