CONSUL
TANT SERVICES AGREEMENT BETWEEN THE CITY OF SUNNYVALE
AND PAGE & TURNBULL, INC., FOR ORCHARD HERITAGE PARK AND
HERITAGE PARK MUSEUM ANALYSIS
THI
S AGREEMENT, dated ________________________, is by and between the CITY OF SUNNYVALE ("CITY"), a California chartered municipal corporation, and PAGE & TURNBULL, INC. (“CONSULTANT") a California Corporation.
WHE
REAS, CITY is in need of professional services necessary for research, analysis, consultation, public outreach, preparation and presentation of materials and other services for a project known as Orchard Heritage Park and Heritage Park Museum Analysis; and
WHE
REAS, CITY advertised a Request for Proposals (RFP) on November 4, 2020, for Orchard Heritage Park and Heritage Park Museum Analysis (F19-211); and WHERE
AS, CONSULTANT submitted a proposal on December 18, 2020; and WHE
REAS, CITY accepted CONSULTANT’s proposal submitted on August 28, 2023; and
WHE
REAS, i n reliance upon CONSULTANT’s representations regarding its qualifications, CITY finds that CONSULTANT possesses the skill and expertise to provide the required services;
NOW
, THEREFORE, THE PARTIES ENTER INTO THIS AGREEMENT.
1. Services by CONSULTANT
CON
SULTANT shall provide services in accordance with Exhibit "A" entitled “Scope of Work”. All exhibits, including all associated attachments, are attached hereto and incorporated herein by reference. CONSULTANT shall determine the method, details and means of performing the services.
2. Time for Performance
The ter
m of this Agreement shall be one (1) year from the execution date, unless otherwise terminated in accordance with Section 17 below. CONSULTANT shall deliver the agreed upon services to CITY as specified in Exhibit "A". Extensions of time may be granted by the City Manager as an amendment in accordance with Section 18 below.
3. Duties of CITY
CITY
shall supply to CONSULTANT any documents or information available to CITY and required by CONSULTANT for performance of the services. Any materials provided shall be returned to CITY upon completion of the work.
4. Compensation
Attachment 1
CITY agrees to pay CONSULTANT as full compensation for the services rendered pursuant to this Agreement, the amounts set forth in Exhibit “B”. Total compensation shall not exceed Four Hundred Four Thousand Five Hundred Thirteen and 00/100 Dollars ($ 404,513.00).
CONSULTANT shall submit invoices to CITY no more frequently than monthly for services provided to date. All invoices, including detailed backup, shall be sent to City of Sunnyvale, attention Accounts Payable, P.O. Box 3707, Sunnyvale, CA 94088 -3707 or [email protected]. Payment shall be made within thirty (30) days upon receipt of an accurate, itemized invoice by CITY’s Accounts Payable Unit.
5. Wage Rates
CONSULTANT shall comply with the City’s the minimum wage set forth in Section
3.80.040 of the Sunnyvale Municipal Code.
6. Ownership of Documents
CITY shall have full and complete access to CONSULTANT's working papers, drawings and other documents during progress of the work. All documents of any description prepared by CONSULTANT shall become the property of the CITY at the completion of the project and upon payment in full to the CONSULTANT. CONSULTANT may retain a copy of all materials produced pursuant to this Agreement.
7. Conflict of Interest
CONSULTANT shall avoid all conflicts of interest, or appearance of conflict, in performing the services and agrees to immediately notify CITY of any facts that may give rise to a conflict of interest. CONSULTANT is aware of the prohibition that no officer of CITY shall have any interest, direct or indirect, in this Agreement or in the proceeds thereof. During the term of this Agreement, CONSULTANT shall not accept employment or an obligation which is inconsistent or incompatible with CONSULTANT’S obligations under this Agreement.
Pursuant to CITY’s Conflict of Interest Code, Council Policy 7.3.7, CITY has determined that, depending on the position, certain individuals performing services under this Agreement may be required to file a Statement of Economic Interest (Form 700), which can be found at www.fppc.ca.gov. If applicabl e, to facilitate electronic submittal of Form 700, CONSULTANT shall send the following information to [email protected]: 1) first and last name(s) of CONSULTANT’s employee(s); 2) email address(es) of CONSULTANT’s employee(s); 3) date when CONSULTANT’s employee(s) will begin work under this contract; and 4) (if known) d ate when CONSULTANT’s employee(s) will cease work under this contract.
Gov
ernment Code Section 91013 provides that any person who files a statement after its deadline shall be liable in the amount of $10 per day, up to a maximum of $100, in addition to any administrative penalty (up to the statutory maximum, currently $5,000) imposed by the Fair Political Practices Commission (FPPC). If any of CONSULTANT ’s employee(s) is required to submit Form 700, and CITY does not receive CONSULTANT’s Attachment 1
Form 700, then CITY is required to refer this matter to the FPPC or other appropriate enforcement agency.
8. C
onfidential Information
CO
NSULTANT shall maintain in confidence and at no time use, except to the extent required to perform its obligations hereunder, any and all proprietary or confidential information of CITY of which CONSULTANT may become aware in the performance of its services.
9. C
ompliance with Laws
A. C
ONSULTANT shall not discriminate against, or engage in the harassment of, any City employee or volunteer or any employee of CONSULTANT or applicant for employment because of an individual’s race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, veteran or military status, or any other protected characteristic in violation of federal or state law. This prohibition shall apply to all of CONSULTANT’s employment practices and to all of CONSULTANT’s activities as a provider of services to the City.
B. CO
NSULTANT shall comply with all federal, state a nd city laws, statutes, ordinances, rules and regulations and the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of the Agreement.
10 . Independent Contractor
CO
NSULTANT is acting as an independent contractor in furnishing the services or materials and performing the work required by this Agreement and is not an agent, servant or employee of CITY. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between CITY and CONSULTANT. CONSULTANT is responsible for paying all required state and federal taxes.
11 . Hold Harmless/Indemnification
To t
he fullest extent permitted by law, Consultant shall hold harmless, defend at its own expense, and indemnify the City and its officers, officials, employees, agents, and volunteers, against any and all liability, claims, losses, damages, or expenses, i ncluding reasonable attorney’s fees, arising from all acts or omissions of Consultant or its officers, agents, or employees in rendering services under this Agreement; excluding, however, such liability, claims, losses, damages, or expenses arising from th e City’s sole negligence or willful acts. The defense and indemnification obligations of this agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this agreement. Consultant’s responsibility for such defense and indemnity obligations shall survive the termination or completion of this Agreement.
Attachment 1
12 . Insurance
The C
ity requires that all CONSULTANT shall maintain insurance requirements on the Pacific Insurance Network System (PINS). CONSULTANT shall take out and maintain during the life of this Agreement policies of insurance as specified in Exhibit "C" attached and incorporated by reference, and shall provide all certificates or endorsements as specified in Exhibit "C " through PINS for approval by the City Risk Manager prior to CONSULTANT (or subcontractor) commencing any work under this Agreement. 13 . CITY Representative
Ji
m Stark, Superintendent of Parks and Open Space, as the City Manager's authorized representative, shall represent CITY in all matters pertaining to the services to be rendered under this Agreement (“CITY representative”). All requirements of CITY pertaining to the services and materials to be rendered under this Agreement shall be coordinated through the CITY representative.
14. CONSULTANT Representative
Greg Yanito, P roject Manager shall represent CONSULTANT in all matters pertaining to the services and materials to be rendered under this Agreement (“CONSULTANT representative”). All requirements of CONSULTANT pertaining to the services or materials to be rendered under this Agreement shall be coordinated through the CONSULTANT representative.
15 . Notices
Al
l notices required by this Agreement, other than invoices for payment which shall be sent directly to Accounts Payable, shall be in writing, and sent by first class with postage prepaid, or sent by commercial courier, to address below.
Not
hing in this provision shall be construed to prohibit communication by more expedient means, such as by email, to accomplish timely communication. Each party may change the address by written notice in accordance with this paragraph. Notices delivered personally shall be deemed communicated as of actual receipt; mailed notices shall be deemed communicated as of three business days after mailing.
To C
ITY: Jim Stark, Superintendent of Parks and Open Space
Department of Public Works
CITY OF SUNNYVALE
P. O. Box 3707
Sunnyvale, CA 94088-3707
To CONSULTANT: G reg Yanito, Project Manager
Page & Turnbull, Inc.
170 Maiden Lane, 5th Floor
San Francisco, CA 94108
Attachment 1
16. Assignment
Nei
ther party shall assign or sublet any portion of this Agreement without the prior written consent of the other party.
17 . Termination
A. If
CONSULTANT defaults in the performance of this Agreement, or materially breaches any of its provisions, CITY at its option may terminate this Agreement by giving written notice to CONSULTANT. In the event of such termination, CONSULTANT shall be compensated in proportion to the percentage of satisfactory services performed or materials furnished (in relation to the total which would have been performed or furnished) through the date of receipt of notification from CITY to terminate. CONSULTANT shall present CITY with any work product completed at that point in time.
B. Wi
thout limitation to such rights or remedies as CITY shall otherwise have by law, CITY also shall have the right to terminate this Agreement for any reason upon ten (10) days' written notice to CONSULTANT. In the event of such termination, CONSULTANT shall be compensated in proportion to the percentage of services performed or materials furnished (in relation to the total which would have been performed or furnished) through the date of receipt of notification from CITY to terminate. CONSULTANT shall present CITY with any work product completed at that point in time.
C. If
CITY fails to pay CONSULTANT, CONSULTANT at its option may terminate this Agreement if the failure is not remedied by CITY within (30) days after written notification of failure to pay.
18 . Entire Agreement; Amendment
Th
is writing constitutes the entire agreement between the parties relating to the services to be performed or materials to be furnished hereunder. No modification of this Agreement shall be effective unless and until such modification is evidenced in writing as an amendment to this Agreement signed by all parties . If the amendment is signed electronically, the digital signatures must comply with the requirements of California Government Code Section 16.5.
19. Governing Law, Jurisdiction and Venue
Th
is Agreement shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law principles. Proper venue for legal actions will be exclusively vested in a state court in the County of Santa Clara. The parties agree that subject matter and personal jurisdiction are proper in state court in the County of Santa Clara, and waive all venue objections.
20 . Miscellaneous
Attachment 1
Time shall be of the essence in this Agreement. Failure on the part of either party to en
force any provision of this Agreement shall not be construed as a waiver of the right to compel enforcement of such provision or any other provision.
IN W
ITNESS WHEREOF, the parties have executed this Agreement.
CI
TY OF SUNNYVALE ("CITY") PAGE & TURNBULL, INC.
("CONSULTANT")
By
___________________________ By_______________________________ City Manager
________________________________
Name and Title
ATTE
ST:
By
______________________________ By_____________________________ City Clerk
_______________________________
Name and Title
APPR
OVED AS TO FORM:
By
____________________________
City Attorney
Attachment 1
Exhibit A
SCOPE OF WORK
The City’s heritage orchards are currently managed on a volunteer basis. The City does not have a long-term operational plan for managing its heritage orchards. There is no community consensus on how to best utilize the orchard or the adjacent historical museum. The City must find a fiscally sustainable solution that maximizes community benefits and preserves the historical significance of these resources.
The Cons
ultant will complete the following scope of services, employing a strategic approach to understanding the cultural, community, and historical significance of Orchard Heritage Park and for developing an equitable engagement process that results in a community- embraced Site Consideration Plan. The plan must address long-term ongoing management of the City’s heritage orchards.
TA
SK 1: PROJECT MANAGEMENT - STARTUP, MEETINGS AND MANAGEMENT The fi
rst task for Consultant is to develop a project directory, initial schedule, and establish communication protocols for the City and Consultant team. Consultant will build an online file-sharing site for distributing relevant materials and coordinate an initial City and Consultant Team Kick-off meeting.
Pr
ior to the Project Kickoff, Consultant will review and summarize relevant background materials provided by the City, including the Existing Park Use Program, General Plan Chapter 3, General Plan Chapter 4, Council Policy 7.3.1, Parks of the Future Plan, and other relevant studies. This review will properly frame the context for the Consultant’s initial understanding and analysis of the site. Consultant will identify any gaps that will be essential to the research and planning process and submit a list of data needs to the City prior to the Kickoff meeting and before the Information Gathering effort In Task 2. This data gaps list will include information/data about the current operating structure and operating financials The Ki
ck-off meeting will provide a forum to identify the initial project goals & objectives and discuss potential hurdles and opportunities. Consultant will also clarify project schedule, deliverables, and define roles and responsibilities for project team and City team members.
This
Task will also include on-going consultant team coordination, bi-weekly meetings (virtual, assumed for 10-12 months) with the City team, regular meetings. with the overall project management, QA/QC, and internal peer review to ensure project success.
TA
SK 2: INFORMATION GATHERING - SITE ASSESSMENT & INITIAL COMMUNITY
OUTREACH
Or
chard Heritage Park and Heritage Park Museum – “Analysis and Options for the Long-Term Operations and Maintenance of Orchard Heritage Park and Review of the Sunnyvale Historical Society and Museum Association Proposed Expansion of the Sunnyvale Heritage Park Museum Site Study” will best succeed by building upon solid knowledge of the existing conditions as well as the historic character of the orchard, site, and buildings. Carefully Attachment 1
researched case studies will illustrate successful approaches and provide inspiration for study.
2.1 RESEARCH & DUE DILIGENCE
Task
2 will begin with a thorough Research and Due Diligence effort in which Consultant will review a clearly labeled drawing inventory and requested necessary documents, to be provided by City.
Consultant will assemble site and background drawings provided by the City and format for use in the Site Development Planning effort.
Consultant will prepare an Aerial Topographic Survey of the site that will show the location of existing site features including visible tree canopies, buildings, structures, walkways, fences, adjacent roadways, and visible surface utility information within the project area. Contours will be shown at one (1) foot intervals or as appropriate to clearly define slopes. Having previously worked in proximity to the site, the consultant team is familiar with the site and surrounding context w will provide valuable insight to the project.
Cons
ultant’s Due Diligence effort will continue with a preliminary Planning and Zoning Code review to understand local regulations and any Deed or use permit restrictions that may affect the planning process and future use of the site, followed by a Rapid Assessment of the site and buildings. The consultant team will prepare for and conduct a one-day on-site assessment of the buildings, structures, and site features to document a planning-level review of the following:
• Sit
e interpretive features
• Orchard conditions and characteristics
• Preliminary code and ADA conformance
• General architectural conditions
• Civil / infrastructure conditions
Cons
ultant expects that building floor plans will be provided to the team in either PDF or CAD format.
The cons
ultant team will also use this on-site opportunity to interview docents, museum staff, and/or maintenance contractors, focusing on operations and financials to gain valuable insight.
The information gathered during this Rapid Assessment will be cataloged and summarized as part of the existing conditions report document at the end of Task 2 (Task 2.6), as well as used to generate an existing conditions site analysis diagram.
2.2 E
CONOMIC INFORMATION GATHERING
The mai
n purpose of this study is the long -term maintenance and operations of the Orchards. Consultant will review and analyze information/data provided by the City regarding the current operating structure and operating financials of the Orchards and any preliminary alternative governance options discussed during the Task 1 Project Kickoff Meeting. During this study, Consultant will prepare three to five case studies of comparable facilities/entities to identify best practices that the City can consider in its capital and operational planning. The case studies will provide an overview of the entity (location, size), describe the Attachment 1
ownership/management structure, summarize the operating financials of the Orchards, identify how capital improvements are funded, and generally discuss successes and failures.
Each case study will be compared in a summary matrix. The assumption will be that the museum will continue to operate as a separate entity from the City, essentially a non-profit for the long-term future. The Orchards’ future is to be examined – both for the immediate time and long-term viability.
2.3 HISTORIC RESEARCH AND EVALUATION
Essential to the success of this feasibility study, Consultant’s Cultural Resources and Preservation Technology studios will study the orchard’s association to historic contexts in Santa Clara County, particularly those relating to agricultural heritage and any historical resources present at the property. As a standard approach to achieving sensitive and compatible alternatives, Consultant will prepare a preliminary evaluation of the potential historic resources at the Orchard Heritage Park site. Historic Significance Diagrams, identifying the property’s character-defining features, and preliminary guidelines for new additions to historic buildings consistent with the Secretary of the Interior Standards for the Treat
ment of Historic Properties will be incorporated. This will inform the development of alternatives that consider potential impacts to historical resources as related to the California Environmental Quality Act (CEQA).
2.4 PREPARE COMMUNITY OUTREACH
The Consultant Project Team will advance a multifaceted approach to community engagement with a focus on surfacing community members’ central interests and concerns, creating a platform for productive dialogue, and designing processes to facilitate collaborative value creation around the Orchard Heritage Park study
The as
sessment process would culminate in the development of an assessment report that summarizes key issues and outlines a path forward, focused on consensus building and value creation around the Orchard Heritage Park Study. The Consultant Project Team would work closely with the City to identify key stakeholders and conduct a series of interviews and/or focus groups to gain an understanding of the landscape of interests, issues and desired outcomes from the planning ef fort. The results from the effort would inform the development of a community outreach plan and the formation of a stakeholder advisory committee.
2.5 STAKEHOLDER /COMMUNITY MEETING #1 - EXISTING CONDITIONS & CASE STUDIES (in person)
Our in
itial public workshop will serve to introduce the Consultant Team to the community, and will be an opportunity present the existing conditions, review Due Diligence findings, discuss initial opportunities, collect ideas from the community and gather initial impressions on the goals and objectives for the long-term maintenance of the Orchards and the Orchard Heritage Park. The goal of this first public meeting will be to establish consensus on the goals and objectives, and to plant the seeds of a shared community vision for the study. Note: this public meeting may be held virtually. Community comments will be recorded by City with review and validation by Consultant.
2.6 D
EVELOP DRAFT DUE DILIGENCE DOCUMENT
Attachment 1
Following the first public workshop with stakeholders and the community, the Consultant team will compile the initial findings and assessment into a draft Due Diligence Existing Conditions Report that contains, but is not limited to, the following:
• Hist
oric evaluation of the property
• Existing site and building conditions assessment
• Goals and objectives for the study
• Opportunities & constraints, and captures
• Potential environmental impacts
• Economic case studies
• Initial community input & feedback
2.7 CI
TY MEETING #1
Ta
sk 2 will conclude with a City review session to review the Draft Due Diligence Existing Conditions Report, including feedback on Historic Evaluation and Economic Case Study Precedents. Note: this task is combined with and will incorporate the work products included in the Programming Work Session described below (Task 3.1).
TA
SK 3: ANALYSIS, REPORTING & RECOMMENDATIONS
The sc
ope of work for the Task 3 will test project alternatives, building on the research and analysis and the initial community input gathered in Task 2 to create a vision that embodies the established and agreed-upon goals and objectives.
3.1 P
ROGRAMMING WORK SESSION WITH CITY & PROJECT TEAM
The Cons
ultant team will prepare for a programming work session by developing a Park Use Program Matrix that will summarize site area requirements and activity amenity descriptions, Consultant will also prepare a list of pros and cons related to the orchards’ facilities and potential future areas where museum exhibits could be displayed and summarize relevant background economic data to inform the City and consultant team during a half-day work session. The goal of this session is to understand and detail out the physical and economic criteria necessary for maintaining the orchard for the long term and a discussion of preliminary ideas that have risen from the initial public workshop, preliminary City discussions, museum staff, or with other stakeholders. Options may be ranked by priority, appropriateness, and/or initial feasibility. At the end of this work session, the consultant team will have direction from the City team on a desired park program to test out in Task 3.2.
3.2 P
ROJECT ALTERNATIVES (2-3) & ARCHITECTURAL ANALYSIS
The Cons
ultant team will review existing building layouts per the outcome of the programming work session in Task 3.1. Consultant will identify reuse area, potential demolition candidates, if any, and potential site capacity for expansion to accommodate additional items such as exhibits, historical structures and a windmill. , Consultant will prepare two (2) to three (3) hand-drawn concept alternative site locations, and enlarged site plan areas to study special site conditions.. Consultant will quantify the proposed site locations for each concept alternative and describe the pro and cons of each option.
Attachment 1
The consultant team will explore impacts to the existing site infrastructure and make preliminary recommendations.
Consultant will refine its digital study sketches to identify each expansion location option, Consultant will describe how concepts satisfy or potentially impact current Park and Orchard Use
3.3 DRA
FT ECONOMIC MODELS
Cons
ultant will develop a list of factors and assumptions that will be needed to build the financial models and coordinate with the Team’s cost estimators so that the required inputs will be available. Consultant will then build out financial models (one (1) model per project alternative scenario with flexibility to test the impacts/results of alternative assumptions).
Consultant will prepare summary tables and memorandum that describes approach, methodology, assumptions to help communicate the assumptions, the tradeoffs, the results to the Team, City, and the public.
3.4 S
TAKEHOLDER /COMMUNITY MEETING #2 - SITE DEVELOPMENT PLAN
OPTIONS, PROJECT ALTERNATIVES
The Cons
ultant team will return to the community to present alternatives for long-term maintenance of the orchard and potential areas for museum expansion for public input, coordinating this meeting with the City, creating opportunity for the community to engage meaningfully with the alternatives to inform the process. Consultant will review community comments (recorded and/or collected and summarized by City) for inclusion in final document.
Note: this public meeting may be held virtually.
3.5 CI
TY MEETING #2: LONG TERM MAINTENANCE OPTIONS AND STRUCTURE, AND
MUSEUM POTENTIAL EXPANSION LOCATION ALTERNATIVES
The C
onsultant Team will meet with the City to discuss public input on Long term maintenance options and structure and the potential locations for museum expansion from Stakeholder/Community Meeting #2, draft economic models developed in Task 3.3, and to prepare for presentation to Parks and Recreation Commission.
3.6 PARKS AND RECREATION COMMISSION (PRC) MEETING #1: LONG-TERM
MAINTENANCE OPTIONS AND STRUCTURE, AND MUSEUM POTENTIAL
EXPANSION LOCATION ALTERNATIVES
3.7 With City assistance, the Consultant Team will prepare for and summarize the Due Diligence Existing Conditions Findings and present two (2) to three (3) Project Alternatives to Parks and Recreation Commission (PRC) to gain preliminary feedback. Consultant will review comments that are recorded and/or collected and summarized by City.
CITY COUNCIL MEETING #1: SITE DEVELOPMENT PLAN OPTIONS, PROJECT
ALTERNATIVES
Wi
th City assistance, the Consultant Team will prepare for and summarize the final Due Diligence Findings and present two (2) to three (3) Project Alternatives to City Council to gain preliminary feedback. Consultant will review comments of meeting notes that are collected and prepared by City.
Attachment 1
3.8 PR
EFERRED LONG-TERM MAINTENANCE PLAN AND STRUCTURE, AND
PREFERRED MUSEUM EXPANSION LOCATIONSS
Foll
owing PRC and City Council meetings, and with City direction, the Consultant Team will conduct an internal working session to refine the preferred Site Development Plan as directed by the City. We will prepare a digitally-rendered illustrative Site Plan & Presentation Graphics that graphically describe and illustrate the character of the proposed changes to the museum, park, and orchard.
3.9 F
INANCIAL ANALYSIS AND STRUCTURE
Wi
th direction from the City, Consultant will revise the financial model for the Preferred Alternative determined and developed in Task 3.8 to ensure realistic financial projections and estimated Construction Cost for site development.
3.10 S
TAKEHOLDER /COMMUNITY MEETING #3 – LONG-TERM MAINTENANCE
OPTIONS AND STRUCTURE AND MUSEUM POTENTIAL EXPANSION LOCATION
PREFERRED ALTERNATIVES
In collaboration with the City, Consultant will prepare for and return to the community a final time to present the preferred Long Term Maintenance plan, structure and Museum expansion location for public input. Consultant will review community comments that are recorded and/or collected and summarized by City for inclusion in final document. Note: this public meeting may be held virtually.
3.11 CITY MEETING #3: LONG-TERM MAINTENANCE OPTIONS AND STRUCTURE, AND
MUSEUM POTENTIAL EXPANSION LOCATION PREFERRED ALTERNATIVES The Cons
ultant Team will meet with the City to discuss public input on the Preferred Alternative for Long Term Maintenance plan and structure and Museum expansion location from Stakeholder/Community Meeting #3, revised Financial analysis developed in Task 3.9, and to prepare for presentation to Parks and Recreation Commission.
3.12 P
RC MEETING #2: LONG-TERM MAINTENANCE OPTIONS AND STRUCTURE, AND
MUSEUMPOTENTIAL EXPANSION LOCATION PREFERRED ALTERNATIVES With City assistance, the Consultant Team will prepare for and present the Preferred Alternative for Long Term Maintenance plan and structure and Museum expansion location to the PRC to gain feedback. Consultant will review comments (collected and prepared meeting notes by City).
3.1 3 PREPARE ASSESSM ENT REPORT - ADMIN DRAFT
The Cons
ultant Team will consolidate work produced in previous tasks and prepare and submit a digital (PDF) Administrative Review Draft for City review that is formatted to include the following chapters or sections as outlined below:
TOC
E
xecutive Summary
Project Introduction and Background Due Diligence
Attachment 1
Orchard Operations, Maintenance and Museum ExpansionOptions:
Long-term options for maintaining the
OrchardSite plan concepts for expansion
Financial analysis
Summary of Potential impacts under CEQA
Summary of Community Engagement
Rec
ommendations, including:
Long-term options for maintaining the Orchard
Expanding or relocation museum
Financial models Implementation
Roadmap
3.14 PR
EPARE ASSESSMENT REPORT: PUBLIC REVIEW DRAFT (INCLUDES REVISION ROUND #1)
Per
receipt of one (1) consolidated set of admin review comments, the Consultant team will revise the Assessment Report and submit a digital (PDF) Public Review Draft for public review and comment.
3.15 FI
NALIZE ASSESSMENT REPORT (INCLUDES REVISION ROUND #2)
Per
receipt of one (1) consolidated set of public review comments, the Consultant team will revise the Assessment Report and submit a Final Assessment Report in a mutually acceptable electronic document format.
Attachment 1
Attachment E
City of Sunnyvale
Page & Turnbull
ODCs Total
Principal
in Charge
Project
Manager Architect Historian Designer Survey Landscape Outreach Economist Cost Estimator Arborist
LK GY TS CF KH Sandis BFS CBI EPS JRC Bartlett
$280 $180 $195 $125 $140 Fee/Hr or
LS
Fee/Hr or
LS
Fee/Hr or
LS
Fee/Hr or
LS
Fee/Hr or
LS
Fee/Hr or
LS
1 Project Management: Startup, Recurring Meetings & Management - entire project duration $7,590 $17,320 $2,500 $2,710 $0 $3,000 $70,710
1.1 Contracting & Startup 2 8 10 $2,000
1.2 Assemble and Manage Project Team 8 8 $1,440
1.3 Review / Summarize relevant background materials 4 16 20 $2,720
1.4 Prepare and Submit Data Needs 4 2 6 $970
1.5 Coordination with Client (bi-monthly meetings/conf calls, assume 20) 10 30 20 60 $10,700
1.6 Community Advisory Committee Meetings (assume 8, virtual) 8 16 8 32 $6,120
1.6 Internal Project Coordination: PM, QAQC, Peer Review 6 40 8 8 62 $11,440
1.7 Project Kickoff Meeting - client & consultant team 2 4 2 2 2 12 $2,200 $37,590
2 Information Gathering - 12 weeks, including Client review $24,233 $20,155 $24,000 $14,960 $0 $4,800 $139,298
2.1 Research & Due Dilligence 2 16 8 40 16 82 $12,240
2.2 Economic Information Gathering 1 4 5 $1,000
2.3 Historic Research & Evaluation 1 4 40 45 $6,000
2.4 Prepare Community Outreach 2 8 10 $2,000
2.5 Stakeholder/Community Meeting #1: Existing Conditions & Case Studies (In Person) 6 16 6 20 40 88 $13,830
2.6 Develop Draft Due Dilligence Document 4 14 4 20 40 82 $12,520
2.7 City Meeting #1: Due Dilligence Report, Programming, Historic Character & Precedents 4 8 8 20 $3,560 $51,150
3 Analysis, Reporting and Recommendations - 39 weeks, including Client/public reviews $31,620 $33,360 $12,450 $15,485 $6,400 $3,200 $189,505
3.1 Programming Work Session with Client & Project Team (incl in Task 2.7) 0 $0
3.2 Develop Project Alternatives (2-3) & Architectural Analysis 2 32 16 40 90 $15,040
3.3 Prepare Draft Economic Models (2-3) 2 8 10 $2,000
3.4 Stakeholder/Community Meeting #2: Site Development Plan Alternatives 4 12 32 48 $7,760
3.5 City Meeting #2: Site Development Plan Alternatives 4 12 16 $3,280
3.6 PRC Meeting #1: Existing Conditions & Site Development Plan Alternatives 4 12 20 36 $6,080
3.7 City Council Meeting #1: Existing Conditions & Site Development Plan Alternatives 4 12 20 36 $6,080
3.8 Develop Preferred Alternative Site Development Plan 2 12 2 4 32 52 $8,090
3.9 Prepare Financial Analysis 2 4 6 $1,280
3.10 Stakeholder/Community Meeting #3: Site Development Plan Preferred Alternative 2 12 20 34 $5,520
3.11 City Meeting #3: Long-Term Maint Options and Structure, Museum Potential Expansion Pref Alternative 2 10 12 $2,360
3.12 PRC Meeting #2: Long-Term Maint Options and Structure, Museum Potential Expansion Pref Alternative (In Person) 4 16 40 60 $9,600
3.13 Prepare Assessment Report - Admin Draft 2 12 20 40 74 $10,820
3.14 Prepare Assessment Report - Public Review Draft (incl revision round 1) 2 8 8 16 34 $5,240
3.15 Finalize Assessment Report (incl revision round 2) 1 8 8 8 25 $3,840 $86,990
Reimbursable Expenses $5,000
Proposal Subtotal 85 354 46 224 366 1075 $175,730 $63,443 $70,835 $38,950 $33,155 $6,400 $11,000 $399,513 Optional Services
A Professional Rendering Service - - - - - 0 - - - - - - - $0 B BIM Conversion of existing building plans (Museum and Barn) - - - - - 0 $0 - - - - - - - $0 C -------- - - - - - 0 $0 - - - - - - - $0
D -------- - - - - - 0 $0 - - - - - - - $0
Total Optional Services 0 0 0 0 0 0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Total Including Optional Services 85 354 46 224 366 1,075 $175,730 $63,443 $70,835 $38,950 $33,155 $6,400 $11,000 $5,000 $404,513 Proposal for: Orchard Heritage Park Museum Analysis (Revision 7/31/2023) Other
Direct
Costs
Total Fee
SubconsultantsTasks Labor
Total Labor
Costs
Total
HoursTask and Subtask Description Task
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10/4/2023 1/1
Exhibit B
Compensation Schedule
Attachment 1
Exhibit C
INSURANCE REQUIREMENTS
Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work by the Consultant, their agents, representatives, or employees.
Minimum Scope and Limits of Insurance. Consultant shall maintain limits not less than:
1. Commercial General Liability: coverage written on an occurrence basis with limits not less than $1,000,000 per occurrence and $2,000,000 aggregate for bodily injury, personal injury and property damage. ISO Occurrence Form shall be at least as broad as CG 0001.
2. Automobile Liability: coverage with a combined single limit of not less than $1,000,000 per occurrence applying to all owned, non-owned, or hired vehicles used in conjunction with this contract for bodily injury and property damage. ISO Form shall be at least as broad as CA 0001 or equivalent is required.
3. Workers’ Compensation: Statutory Limits and Employer's Liability:
$1,000,000 per accident for bodily injury or disease.
Industry Specific Coverages. If checked below, the following insurance is also required:
☒Professional Liability / Errors and Omissions Liability coverage with limits not less than $2,000,000 per occurrence or claim.
☐Valuable Papers and Electronic Data Processing with limits not less than $10,000 each
Deductibles, Self-Insur ed Retentions and Other Coverages:
Any deductibles or self-insured retentions must be declared and approved by the City of Sunnyvale, Risk Manager. The Consultant shall guarantee payment of any losses and related investigations, claim administration and defense expenses within the deductible or self-insured retention.
The aforementioned insurance requirements can be met through any combination of self-insured, primary and excess/umbrella policies that fulfill the stipulated coverage as cited above.
Other Insurance Provisions:
1. During the term of the contract, the City of Sunnyvale, its officers, officials, employees, agents, and volunteers are to be covered as an additional insured in the Consultant’s commercial general liability policy (and if industry specific coverage is checked above, valuable papers and electronic data processing Attachment 1
policies) with respects to liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City of Sunnyvale, its officers, officials, employees, agents, or volunteers.
2. During the term of the contract, the Consultant’s Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Sunnyvale.
3. For all Architects, Engineers and Design Professionals – I f Industry Specific Coverage box is check above and if the Consultant’s Professional Liability/Errors and Omissions coverage is written on a claims made basis:
a. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
b. Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of the contract of work.
c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of three (3) years after completion of contract work
4. For any claims related to this project, the Consultant’s insurance shall be primary. Any insurance or self-insurance maintained by the City of Sunnyvale, its officers, officials, employees, agents and volunteers shall be excess of the Consultant’s insurance and shall not contribute with it and shall be at least as broad as ISO CG 20 01 04 13.
5. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Sunnyvale, its officers, officials, employees, agents or volunteers.
6. The Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
7. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled 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 of Sunnyvale.
8. Any umbrella or excess Insurance Liability policies shall be true “following form” of the underlying policy coverage, terms, conditions, and provisions and shall meet all of the insurance requirements stated in this document, including the additional Attachment 1
insured, SIR, and primary and non- contributory insurance requirements for the benefit of City (if agreed to in a written contract or agreement) until all coverage carried by or available to the Contractor’s primary and excess liability policies are exhausted and before the City’s own Insurance or self -insurance shall be called upon to contribute to a loss.
9. The policy limits of coverage shall be made available to the full limits of the policy. The minimum limits stated above shall not serve to reduce the Consultant’s policy limits of coverage. Therefore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this agreement, or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured, whichever is greater.
Acceptability of Insurers:
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A: VII, and who are admitted and authorized to do business and in good standing in California unless otherwise acceptable to the City of Sunnyvale’s Risk Manager.
Verification of Coverage:
The City of Sunnyvale utilizes PINSAdvantge.com (PINS) to track and verify all insurance related documents. They City is no longer accepting Certificates of Insurance by mail and requires the use of PINS. The City will email the Consultant requesting proof of insurance for this Agreement through the PINS platform (no- [email protected]), which include instructions on how to upload insurance documents electronically. Consultant shall furnish the City of Sunnyvale with an original Certificate of Insurance effecting the coverage required. The certificates are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates are to be received and approved by the City of Sunnyvale, Risk Manager prior to commencement of work.
The Cons
ultant shall provide certificate(s) evidencing renewals of all insurance required herein prior to the expiration date of any such insurance. Consultant shall submit insurance certificates reflecting the policy renewals through PINS. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.
For all insurance policy renewals during the term of this Contract, Consultant shall submit insurance certificates reflecting the policy renewals through PINS.
Subcontractors
Consultant shall require all subcontractors to procure and maintain insurance policies subject to these requirements. Failure of Consultant to verify existence of sub- contractor’s insurance shall not relieve Consultant from any claim arising from sub- contractors work on behalf of Consultant.
Attachment 1