CC Resolution 12900 - City ParkletRESOLUTION NO. 12900
BEING A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CAMPBELL AUTHORIZING THE CITY MANAGER
TO EXECUTE AN AMENDMENT TO THE CONSULTANT
SERVICES AGREEMENT WITH THE CITY'S PARKLET
DESIGN. CONSULTANT, SIDELL PARKRAVAN
ARCHITECTS, TO PROVIDE FOR THE CUSTOMIZATION OF
UP TO 16 PARKLETS AT A COST NOT TO $3,000 PER
PARKLET ($48,000 TOTAL) AND APPROVING
ASSOCIATED BUDGET ADJUSTMENTS FOR FY 2023. FILE
NO. PLN-2022-39.
WHEREAS, on August 20, 2022, the City Council adopted Chapter 11.15 (Parklets
in the Public Right -of -Way) to the Campbell Municipal Code ("CMC") which allows for
parklets in the City of Campbell's public right-of-way.
WHEREAS, on July 5, 2022, the City of Campbell entered into a Consultant
Services Agreement with Sidell Pakravan Architects to provide parklet design services
and build options for a Semi -Permanent Parklet Program with a total contract amount not
to exceed $30,000.
WHEREAS, the Scope of Services included in the Consultant Services Agreement
with Sidell Pakravan Architects did not include the preparation of site specific parklet
design customizations.
WHEREAS, Sidell Pakravan Architects has estimated the cost of preparing site
specific parklet design customizations to run approximately $2,500 per parklet.
WHEREAS, to cover unanticipated situations, staff has recommended authorizing
site specific parklet customization costs of up to $3,000 per parklet with the parklet
operator being responsible for any design costs that run greater than that amount.
WHEREAS, providing site specific design customizations (which may serve as
construction drawings) is in furtherance of the existing Consultant Services Agreement to
provide parklet design services and build options for the City's Semi -Permanent Parklet
Program.
WHEREAS, the City. anticipates the need to prepare site specific parklet design
customizations for up to sixteen (16) locations would cost a total of $48,000.
WHEREAS, the City Council finds that the reappropriation of $48,000 of one-time
construction grants from funds received in response to the American Rescue Plan Act
(ARPA) to provide for the customization of up to 16 parklets at a cost not to exceed $3,000
per parklet ($48,000) to be an appropriate use of such funds.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell
hereby:
City Council Resolution No.12900 Page 2 of 2
PLN-2022-39 — Authorizing the City Manager to Execute a Contract Amendment and
Approving Associated Budget Adjustments
Authorizes the City Manager to execute a Consultant Services Agreement with
Sidell Pakravan Architects in substantially the form and content set forth in Exhibit
D-1, with the inclusion of the preparation of site specific design customizations for
up to sixteen (16) locations at a cost of $3,000 per parklet, and at a total cost not
to exceed $48,000, from funds to be reappropriated from one-time construction
grants previously encumbered from the American Rescue Plan Act (ARPA), as
part of the scope of work; and
2. Approves the Associated Budget Adjustments as set forth in Exhibit D-2.
PASSED AND ADOPTED this 4th day of October, 2022 by the following roll call vote:
AYES: Councilmembers: Gibbons,
NOES: Councilmembers: Bybee
ABSENT: Councilmembers: None
ATTEST:
Q "eg
Andrea Sa rs, City Clerk
Lopez, Landry, Resnikoff
APPROVED:
Paul Resnikoff, Mayor
Exhibit D-1
CITY OF CAMPBELL
CONSULTANT SERVICES AGREEMENT
This Agreement is entered into at Campbell, California on the 5th day of
July , 2022, by and between the CITY OF CAMPBELL (hereinafter referred to as
"City") and Sidell Pakravan Architects (hereinafter referred to as "Consultant").
WHEREAS, City desires to obtain a consultant to prepare parklet architectural design services for
a cost not to exceed $30,000; and
WHEREAS, Consultant represents that it has the expertise, means, and ability to prepare and revise
plans consistent with the Campbell Municipal Code, California Building and Fire Codes, and federal
and state accessibility (ADA) standards and parklet design standards;
NOW, THEREFORE, in consideration of each other's mutual promises, Consultant and City agree
as follows:
DUTIES OF CONSULTANT
1.1 Consultant agrees to perform services as set forth in Exhibit A - Scope of Services,
attached hereto and incorporated herein by reference, and which shall be interpreted together and
in harmony with this Agreement. In the event of any conflict between Exhibit A and this
Agreement, this Agreement shall govern, control, and take precedence.
1.2 Consultant's project manager will meet with the City's project coordinator prior to
commencement of the project to establish a clear understanding of the working relationships,
authorities, and management philosophy of City as it relates to this Agreement.
1.3 Consultant, working with the City, will gather available existing information
concerning the project, and shall review documents as necessary for compliance with the
project's objectives.
1.4 In performance of this Agreement by Consultant, time will be of the essence.
1.5 Notwithstanding Section 1.4, Consultant shall not be responsible for delay caused
by activities or factors beyond Consultant's reasonable control, including delays or by reason of
strikes, work slow -downs or stoppages, or acts of God.
1.6 Consultant agrees to perform this Agreement in accordance with the highest
degree of skill and expertise exercised by members of Consultant's profession working on
similar projects under similar circumstances.
1.7 Consultant shall cooperate in good faith with City in all aspects of the
performance of this Agreement.
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1.8 In the course of the performance of this Agreement, Consultant shall act in the
City's best interest as it relates to the project.
1.9 All activities of Consultant, its employees, subcontractors and/or agents will be
carried out in compliance with all applicable federal, state, and local laws and regulations.
1.10 The designated project manager for Consultant shall be Vadim Mishchuck
The Consultant's project manager shall have all the necessary authority to direct technical and
professional work within the scope of the Agreement and shall serve as the principal point of
contact with the City and the City's project coordinator. The authorized principal of Consultant
executing this Agreement for the Consultant shall have authority to make decisions regarding
changes in services, termination and other matters related to the performance of this agreement
on behalf of Consultant.
1.11 The Consultant (and its employees, agents, representatives, and subconsultants), in
the performance of this Agreement, shall act in an independent capacity and not as officers or
officials or employees or agents of the City. The City shall not direct the work and means for
accomplishment of the services and work to be performed hereunder. The City, however, retains
the right to require that work performed by Consultant meet specific standards consistent with
the requirements of this Agreement without regard to the manner and means of accomplishment
thereof. Subcontractors shall assume all of the rights, obligations and liabilities, applicable to it
as an independent contractor hereunder. Consultant represents and warrants that it (1) is fully
experienced and properly qualified to perform the class of work and services provided for herein,
(ii) has the financial capability and shall finance its own operations required for the performance of
the work and services and (iii) is properly equipped and organized to perform the work and services
in a competent, timely and proper manner in accordance with the requirements of this Agreement.
Consultant agrees to comply with ABS, codified at Labor Code section 2750.3, and shall indemnify,
defend and hold harmless the City, its officers, officials, directors, agents representatives,
volunteers, and employees against any claim or liability, including attorneys' fees and costs, arising
in any manner related to this Agreement that an employee, agent or others under Consultant's
supervision or control was misclassified.
1.12 This Agreement contains provisions that permit mutually acceptable changes in
the scope, character or complexity of the work if such changes become desirable or necessary as
the work progresses. Adjustments to the basis of payment and to the time for performance of the
work, if any, shall be established by a written contract amendment (approved and executed by
the City) to accommodate the changes in work.
DUTIES OF CITY
2.1 City shall furnish to Consultant all available and pertinent data and information
requested by Consultant to facilitate the preparation of the documents called for in this
Agreement. Consultant shall be entitled to reasonably rely on accuracy and completeness of such
information, provided that Consultant shall provide City prompt written notice of any known
defects in such data and information.
2.2 City shall provide contract administration services. City shall notify Consultant of
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required administrative procedures and shall name representatives, if any, authorized to act in its
behalf.
2.3 City shall review documents submitted by Consultant and shall render decisions
pertaining thereto as promptly as reasonably possible.
COMPENSATION
3.1 For the full performance of the services described herein by Consultant, City
agrees to compensate Consultant for all services and direct costs associated with the performance
of the project in an amount not to exceed $30,000, as follows:
a. Once each month, Consultant shall submit for payment by City, an itemized invoice for
services performed during the previous billing period. The invoice shall describe the services
rendered and the title of the item of work, and shall list labor hours by personnel classification.
Said invoice shall be based on all labor and direct expense charges made for work performed on
the project. Labor charges shall be in accordance with the fee schedule found in Exhibit A of
this Agreement. City shall pay Consultant for services rendered and approved by the City within
30 days from the date the itemized invoice is received by the City, subject to the maximum not to
exceed amount specified above and the City's right to object.
b. Direct costs are those outside costs incurred on or directly for the project, and
substantiated with invoices for the charges. Direct expenses include printing, reproduction, and
delivery charges.
3.2 If Consultant incurs other costs which are not specifically covered by the terms of
this Agreement, but which are necessary for performance of Consultant's duties, City may
approve payment for said costs if authorized in writing by the City in advance.
3.3 City may order changes in the scope or character of services in writing, including
decreasing the amount of Consultant's services. In the event that the work is decreased,
Consultant is entitled to full compensation for all services performed and expenses incurred prior
to receipt of notice of change. Under no conditions shall Consultant make any changes to the
work, either as additions or deductions, -without the prior written order of the City. In the event,
that the City detennines that a change to the work or services from that specified in this
Agreement is required, the contract time and/or actual costs reimbursable by the City for the
project may be adjusted by contract amendment or change order to accommodate the changed
work. The maximum not to exceed total amount specified in this Article 3 (Compensation) shall
not be exceeded, unless authorized by written contract amendment or change order, approved
and executed by the City. Consultant shall obtain prior written approval for a revised fee
schedule from the City before exceeding such fee schedule. Only City's authorized
representative(s) is authorized to approve changes to this Agreement on behalf of City.
3.4 In no event, will the Consultant be reimbursed for any costs or expenses at any
rates that exceed the rates for set forth in the fee schedule found in Exhibit A.
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3.5 Consultant agrees that the payments to Consultant specified in this Article 3
(Compensation) will constitute full and complete compensation for all obligations assumed by
Consultant under this Agreement. Where conflicts regarding compensation may occur, the
provisions of this section apply.
4. SUBCONSULTANTS
4.1 Consultant may not subcontract any services required under this Agreement
without the prior written consent of the City.
4.2 Consultant shall be responsible to City for the performance of any and all
subconsultants who perform work under this contract, and any acts of negligence or misconduct
on their part. Consultant is solely responsible for all payments due to subconsultants.
4.3 Consultant shall require and verify that all subcontractors maintain insurance
meeting all of the requirements stated herein, including naming the City of Campbell, its
officers, officials, directors, agents representatives, volunteers, and employees as additional
insureds. Any modification to the insurance requirements for subcontractors must be agreed to
by the City in writing.
4.4 If at any time, the City determines any subcontractor is incompetent or
unqualified, Consultant will be notified and will be expected to immediately cancel the
subcontract.
OWNERSHIP OF DOCUMENTS AND MATERIALS
All original drawings, documents, papers, data, materials, photographs, negatives and other work
products prepared by the Consultant and/or its subconsultants in the performance of the services
encompassed in this Agreement (whether in printed or electronic format) ("project -related
documents and materials") shall be the property of the City and may be used on this project
without the consent of the Consultant or its subcontractors. City acknowledges that such
drawings, documents, and other items are instruments of professional services intended for use
only on the subject project. Consultant agrees that all copyrights which arise from creation of the
Project -related documents and materials pursuant to this Agreement shall be vested in the City
and waives and relinquishes all claims to copyright or other intellectual property rights in favor of
the City. Any project -related documents and materials related to this Agreement shall be
confidential, not to be used by the Consultant on other projects or disclosed to any third party,
except by agreement in writing by the City, or except as otherwise provided herein. Upon the
completion or termination of this Agreement for any reason, the City shall be entitled to receive,
and Consultant shall promptly provide to the City upon request, all finished and unfinished
project -related documents and materials, produced or gathered by or on behalf of Consultant that
in
are in Consultant's possession, custody or control. Consultant may retain copies of said
documents and materials for its files. In the event of termination, any dispute regarding
compensation or damages shall not hinder, prevent, or otherwise impact the City's right to
promptly receive and use such documents and materials which are the sole and exclusive property
of the City.
6. TERMINATION
6.1 Notwithstanding any other provision of this Agreement, City may terminate this
Agreement at any time, with or without cause, in its sole discretion, by giving notice in writing to
Consultant not less than 14 calendar days prior to an effective termination date. In the event of
such termination, Consultant shall have the right and obligation to immediately assemble the
work then in progress for the purpose of completing the work and turning over all materials and
documents to City.
6.2 In the event of such termination, Consultant shall be compensated for all work and
services performed to the point of termination in accordance with the payment provisions set
forth in Section 3.1, unless the termination is for cause, in which event Consultant need be
compensated only to the extent required by law.
6.3 Upon notice of termination by City, the Consultant will immediately act to not
incur any additional obligations, costs or expenses, except as may be reasonably necessary to
tenninate its activities. All finished or unfinished work or documents procured or produced under
the Agreement will become property of the City upon the termination date. In the event of
Consultant's failure to perform pursuant to the Agreement, the City reserves the right to obtain
services elsewhere and Consultant will be liable for the difference between the prices set forth in
the terminated Agreement and the actual cost to the City. Tennination of the Agreement pursuant
to this paragraph shall not relieve the Consultant of any liability to City for additional costs,
expenses, or damages sustained by City due to failure of the Consultant to perform pursuant to
the Agreement. City may withhold any payments to Consultant for the purpose of set off until
such time as the exact amount of damages due City from Consultant is determined. After the
effective date of termination, Consultant will have no further claims against the City under the
Agreement. No other compensation will be payable for anticipated profit on unperformed
services.
7. AUDIT AND INSPECTION
Consultant shall permit authorized representatives of City to inspect and audit all data and records
relating to its performance under this Agreement for a period of three years following acceptance
of the final study.
8. EQUAL EMPLOYMENT OPPORTUNITY
Consultant agrees to refrain from discriminatory employment practices on the basis of race,
religious creed, color, sex, national origin, handicap, sexual orientation, marital status, medical
condition, disability, ancestry, organizational affiliation, military or veteran status, or
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any other consideration made unlawful by local, State or Federal law, of any employee of, or
applicant for employment with, such Consultant or subcontractor. City requires Consultant to
comply with all applicable Federal and State and local equal employment opportunity laws and
regulations.
9. INSURANCE AND INDEMNIFICATION
9.1 With respect to any design professional services provided by Consultant, the Consultant
agrees to indemnify, and hold harmless the City, its officers, and employees to the fullest extent
allowed by law from any and all claims, actions, causes of action, damages, liabilities and losses,
that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the
Consultant, except for any claims, actions, causes of action, losses, damages or liabilities
proximately caused by the sole negligence or willful misconduct of City. City shall not be liable
for acts of Consultant in performing services described herein. Notwithstanding anything in this
paragraph to the contrary, any defense costs charged to the design professional under this
paragraph shall not exceed the design professional's proportionate percentage of fault, except:
a. That in the event one or more defendants is unable to pay its share of defense costs due to
bankruptcy or dissolution of the business, the design professional shall meet and confer with the
other parties regarding unpaid defense costs in good faith effort to agree on the allocation of
those costs amongst the parties; and
b. Where a project -specific general liability policy insures all project participants for general
liability exposures on a primary basis and also covers all design professionals for their legal
liability arising out of their professional services on a primary basis, then there shall be no
limitation on the design professional's duty to provide a defense and cover the City's cost of
defense.
With respect to all matters other than those covered by the foregoing paragraph, Consultant agrees
to indemnify, defend (with counsel reasonably satisfactory to the City) and hold harmless the City,
its officers, officials, directors, agents representatives, volunteers, and employees to the fullest
extent allowed by law from and against any and all claims, actions, causes of action, losses,
damages, liabilities and costs of every nature, including attorneys' fees and costs (collectively,
"Losses") including but not limited to all claims, actions, causes of action, losses, damages,
liabilities for property damage, bodily injury, or death, and all costs of defending any claim, caused
by or arising out of, or alleged to have been caused by or arise out of, in whole or in part,
Consultant's performance under this Agreement, except for any claims, actions, causes of action,
losses, damages, costs or liabilities proximately caused by the sole negligence or willful misconduct
of City. City shall not be liable for acts of Consultant in performing services described herein.
In no event shall this section be construed to require indemnification by the Consultant to a greater
extent than permitted under the public policy of the State of California; and in the event that this
contract is subject to California Civil Code section 2782(b), the foregoing indemnity provisions
shall not apply to any liability for the active negligence of the City.
The defense and indemnity provisions 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. The
foregoing indemnity provisions are intended to fully allocate the parties' risk of liability to third -
parties; and there shall be no rights to indemnity or contribution, in law or equity or otherwise
between the parties that are not set forth in this section. Consultant waives all rights to subrogation
for any matters covered by the provisions of this section. Consultant's responsibility for such
defense and indemnity obligations as set forth in this section shall survive the tennination or
completion of this Agreement for the full period of time allowed by law.
9.2 Consultant shall maintain insurance conforming to the following specifications to the
fullest amount allowed by law for a minimum of three (3) years following the termination or
completion of this Agreement:
A. Types of Coverage
The policies shall afford the following types of coverage:
1. Commercial General Liability;
2. Automotive;
3. Workers' Compensation and Employer Liability; and
4. Professional Liability and/or Errors and Omissions
B. Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. For Commercial General Liability: Insurance Services Office (ISO) CGL
Form 00 01 11 85; and
2. For Automotive Liability: ISO CA 00 01 06 92 including symbol 1(any
auto); and
3. For Workers' Compensation: insurance as required by the Labor Code of
the State of California and Employer's Liability insurance; and
4. For Professional Liability and/or Errors and Omissions: insurance covering
negligence committed by or on behalf of Consultant in rendering services
to City.
C. Minimum Limits of Insurance
Consultant shall maintain limits no less than:
General Liability: $1,000,000 combined single limit per occurrence for
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bodily, 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 Employer's Liability: Workers'
Compensation limits as required by the Labor Code of the State of California and
Employer's Liability limits of $1,000,000 per accident. The Worker's Compensation
policy must be endorsed with a waiver of subrogation in favor of the City for all work
performed by the Consultant and its employees.
4. Professional Liability and/or Errors and Omissions: $1,000,000 per claim
and $2,000,000 in the annual aggregate.
The limits of insurance required in this Agreement may be satisfied by a combination of primary
and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed
to contain a provision that such coverage shall also apply on a primary and non-contributory basis
for the benefit of City (as agreed to in this Agreement) before the City's own insurance or self-
insurance shall be called upon to protect it as a named insured.
D. Deductible and Self -Insured Retention
Any deductibles or self -insured retention must be declared to and approved by the City, and shall
not reduce the limits of liability. At the option of the City, either: the insurer shall reduce or
eliminate such deductibles or self -insured retention as respects the City, its agents, officers,
attorneys, employees, officials and volunteers; or the Consultant shall procure a bond guaranteeing
payment of losses related to investigations, claim administration, and defense expenses. Policies
containing any self -insured retention provision shall provide or be endorsed to provide that the self -
insured retention may be satisfied by either the named insured or the City.
E. 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 agents, officers, attorneys, employees, officials and
volunteers are to be covered as additional insureds as respects: liability arising out
of this Agreement performed by or on behalf of the Consultant, products and
completed operations of the Consultant, premises owned, occupied or used by the
Consultant, or automobiles owned, leased, hired or borrowed by the Consultant. It
is a requirement of this Agreement that any available insurance proceeds broader
M.
than or in excess of the specified minimum insurance coverage requirements and/or limits set forth
in this Agreement shall be available to the City as an additional insured. Furthermore, the
requirements for coverage and limits shall be
(1) the minimum coverage 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 affords greater coverage.
b. The Consultant's insurance coverage shall be primary insurance as
respects the City, its agents, officers, attorneys, employees, officials and
volunteers. Any insurance or self-insurance maintained by the City, its agents,
officers, attorneys, employees, officials and volunteers shall be excess of the
Consultant'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 agents, officers, attorneys,
employees, officials, and volunteers.
d. 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.
2. Workers' Compensation and Employer's Liability Coverage: The insurer
shall agree to waive all rights of subrogation against the City, its agents,
officers, attorneys, employees, officials, and volunteers for losses arising
from work performed by the Consultant for the City.
3. All Coverages: Any unintentional failure to comply with reporting
provisions of the policies shall not affect coverage provided to the City;
and unless otherwise approved by the City, each insurance policy required
by this clause shall be endorsed to state that coverage shall not be canceled
by either party, except after thirty (30) days prior written notice by regular
snail has been given to the City, or ten (10) days for cancellation for non-
payment of premium.
F. Suspension or Cancellation
If any of the coverages required by this Agreement should be suspended, voided, cancelled or
reduced in coverage during the term of this Agreement, Consultant shall immediately notify City
and replace such coverage with another policy meeting the requirements of this Agreement.
G. Subcontractors
Consultant agrees that any and all contracts with subcontractors for performance of any matter
under this Agreement shall require the subcontractors to comply with the same indemnity and
insurance requirements set forth in this Agreement to the extent that they apply to the scope of the
subcontractors' work. Subcontractors are to be bound to contractor and to City in the same
In
manner and to the same extent as the Consultant is bound to City under this Agreement.
Subcontractors shall further agree to include these same provisions with any sub -subcontractor. A
copy of this Agreement will be furnished to the subcontractor on request. The Consultant shall
require all subcontractors to provide a valid certificate of insurance and the required endorsements
included in the Agreement prior to commencing any work, and will provide proof of compliance to
the City.
H. Acceptability of Insurers
Without limiting Consultant's indemnification provided hereunder, the policies of insurance listed
in Article 9.2 of this Agreement are to be issued by an issuer with a current A.M. Best Rating of
A: V and who is authorized to transact business in the State of California, unless otherwise approved
by the City.
I. Verification of Coverage
Consultant shall furnish the City with endorsements and certificates of insurance evidencing
coverage required by this clause. The certificates for each insurance policy are to be signed by a
person authorized by that insurer to bind coverage on its behalf. The certificates are to be on forms
acceptable to the City. Where required by statue, forms approved by the Insurance Commissioner
are to be submitted. All certificates are to be received and approved by the City before work
commences.
Special Risks/Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the
risk, prior experience, insurer, coverage, or other special circumstances and provide notice to
Consultant.
10. MISCELLANEOUS
10.1 This Agreement shall be binding on the heirs, executors, assigns and successors of
Consultant.
10.2 Neither party may assign this Agreement, or any portion hereof, without the prior
written consent of the other.
10.3 This Agreement shall not be construed to alter, affect, or waive any lien or stop
notice rights, which Consultant may have for the performance of services pursuant to this
Agreement.
10.4 Neither party's waiver of any term, condition or covenant, or breach of any term,
condition or covenant shall be construed as the waiver of any other term, condition or covenant
or waiver of the breach of any other term, condition or covenant.
10.5 This Agreement contains the entire Agreement between City and Consultant
relating to the project and the provision of services to the project. Any prior agreements,
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promises, negotiations, or representations not expressly set forth in this Agreement are of no force
or effect. Subsequent modifications to this Agreement shall be in writing and signed by both City
and Consultant.
10.6 If any term, condition or covenant of this Agreement is held by a court of
competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this
Agreement shall be valid and binding on City and Consultant.
10.7 This Agreement shall be governed and construed in accordance with the laws of
the State of California.
10.8 All changes or amendments to this Agreement must be in writing and approved by
all parties.
10.9 The initial contract term shall commence upon execution of the contract by the
City and shall be for a two (2) month period, unless terminated sooner in accordance with the
contract. The City of Campbell at its sole discretion may elect to extend the contract up to two
(2) consecutive six-month periods by providing written notice to Consultant not less than thirty
(30) days prior to expiration of the original or extended term. The total length of the contract shall
not exceed a period of one year. Annual contractual costs shall be equal to the April - to -April San
Francisco -Oakland -San Jose Consumer Price Index -All Urban (CPI-U) in an amount not to exceed
five percent (5%), but not lower than three percent (3%), annually, on July 1 of each contract
renewal if executed.
10.10 Consultant owes the City a duty of undivided loyalty in performing the work and
services under this Agreement, including, but not limited to, the obligation to refrain from having
economic interests and/or participating in activities that conflict with the City's interests in
respect to the work and/or services and project. The Consultant shall list current clients who
may have a financial interest in the outcome of this Agreement. The Consultant hereby certifies
that it does not now have, nor shall it acquire any financial or business interest that would
conflict with the performance of services under this agreement. Consultant shall not make or
participate in making or in any way attempt to use Consultant's position to influence a
governmental decision in which Consultant knows or has reason to know Consultant has a direct
or indirect financial interest other than the compensation promised by this Agreement.
Consultant will immediately advise the City if Consultant learns of a financial interest of
Consultant's during the term of this Agreement.
10.11 City is a public agency subject to the disclosure requirements of the California
Public Records Act ("CPRA"). If Consultant's proprietary information is contained in documents
or information submitted to City, and Consultant claims that such information falls within one or
more CPRA exemptions, Consultant must clearly mark such information "Confidential and
Proprietary," and identify the specific lines containing the information. In the event of a request
for such information, City will make best efforts to provide notice to Consultant prior to such
disclosure. If Consultant contends that any documents are exempt from the CPRA and wishes to
prevent disclosure, it is required to obtain a protective order, injunctive relief or other appropriate
remedy from a court of law in Santa Clara County before the City is required to respond to the
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CPRA request. If Consultant fails to obtain such remedy within the time the City is required to
respond to the CPRA request, City may disclose the requested information without any liability to
Consultant. Consultant further agrees that it shall defend, indemnify and hold City harmless against
any claim, action or litigation (including but not limited to all judgments, costs, and attorney's fees)
that may result from denial by City of a CPRA request for information arising from any
representation, or any action (or inaction), by the Consultant.
10.12 Neither party hereto shall be considered in default in the performance of its
obligation hereunder to the extent that the performance of any such obligation is prevented or
delayed by an act of God, natural disaster, pandemic, acts of terrorism, war, or other peril, which
is beyond the reasonable control of the affected party and without the negligence of the
respective Parties. Each party hereto shall give notice promptly to the other of the nature and
extent of any Force Majeure claimed to delay, hinder or prevent performance of the services
under this Agreement. Each Party will, however, make all reasonable efforts to remove or
eliminate such a cause of delay or default and will, upon the cessation of the cause, diligently
pursue performance of its obligations in this Agreement. In the event either party is prevented or
delayed in the performance of its respective obligation by reason of such Force Majeure, there
may be an equitable adjustment of the schedule and Consultant compensation based on City's
sole discretion.
10.13 Except as City may specify in writing, Consultant shall have no authority, express
or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall
have no authority, express or implied, pursuant to this Agreement to bind City to any obligation
whatsoever.
10.14 Consultant warrants that Consultant, its subcontractors and/or agents (if any)
has/have complied with any and all federal, state, and local licensing requirements
10.15 Each party acknowledges that it has reviewed this Agreement and that the normal
rule of construction to the effect that any ambiguities are to be resolved against the drafting party
shall not be employed in the interpretation of this Agreement.
10.16 The signatories to this Agreement warrant and represent that each is authorized to
execute this Agreement and that their respective signatures serve to legally obligate their
respective representatives, agents, successors and assigns to comply with the provisions of this
Agreement.
10.17 This Agreement is entered into, and to be performed in Santa Clara County,
California, and any action arising out of or related to this Agreement shall be maintained in a
court of appropriate jurisdiction in Santa Clara County, California.
10.18 This Agreement may be executed in counterparts which shall, in the aggregate,
be deemed an original but all of which, together, shall constitute one and the same instrument. A
scanned, electronic, facsimile or other copy of a party's signature shall be accepted and valid as
an original.
-12-
11. NOTICES
Notices required under this Agreement may be delivered by first class mail addressed to
the appropriate party at one of the following addresses:
CITY: City of Campbell
Attention: Rob Eastwood
70 North First Street
Campbell, CA 95008
CONSULTANT: Sidell Pakravan Architects
Attention: Rudabeh Pakravan
2445 Sixth Street
Berkeley, CA 94710
rudabeh@sidellpakravan.com
[SIGNATURES ON FOLLOWING PAGE]
-13-
Having read and understood the foregoing Agreement, the undersigned par -ties agree to be bound
hereby:
CONSULTANT
B
CITY OF CAMPBELL
81144� L0V&9wwz
B Blicin L—Ilthi.l iJ.] 25, 2022 14:43 PDTj
Title Principal, Sidell Pakravan Architects TitleCityManager
Approved as to Form
Pori
City Attorney
Exhibit A - Scope of Services & Fee Schedule
City of Campbell
City -Approved Parklet Design Proposal
Sidell Pakravan
ArchitrcUs
2445 Sixth Street, Berkeley, CA 94 710
Contact: Rudabch 'akravan
rnobije.- 323.428A,958
Project Schedule
Project Kickoff: June 28, 2022
Designs Finalized for Publication and Distribution: September 2, 2022
Phase 1 Due Diligence and Conceptual Design: 2 weeks Deliverables and
meetings include the following:
1-2 webinars and 1-2 meetings with business owners, DCBA, and any other stakeholders (per City of Campbell direction)
2-3 Meetings as necessary with Public Works, Building Department, Planning/Zoning, and Economic Development Departments to
determine short term and long term goals and expectations.
Prepare conceptual design, layout, and construction strategy. Devliverables include the following:
site plans
renderings
structural and foundation connections and diagrammatic details
Phase 2 : Design Development 2 weeks
Revise design based on staff feedback. Develop design in greater detail.
Meet with staff as needed.
Devliverables include the following:
site plans
floor plans
curb/platform details
Handrail/guardrail details
Roofing/Shading details
Extra details, ie planters/benches
section
renderings
Phase 3 : Construction Documents 2 weeks
Devliverables include the following:
complete Design plans for distribution and publiction including
site plans
floor plans
curb/platform details
Handrail/guardrail details
Roofing/Shading details
Extra details, ie planters/benches
section
renderings
Note: anticipated schedule may vary depending on scheduling of staff review and public presentations.
Sidell Pakravan Architects Campbell City -Approved Parklet Design Program I
Campbell Parklet Design Plans
Project Schedule & Deliverables Timeline
Sidell Pakravan Architects & City of Campbell
July 5: Finalize scope of services, project schedule, deliverables timeline and sign
agreement.
Create "rough" template options that meet applicable codes and city design
parameters
Sidell creates customized design for each applicant
o How much site customization can Sidell provide for each parklet and what
is the cost per parklet design?
o Sidell Pakravan interaction with applicant and construction contractor
July 6-8: Consultant and city staff meet to determine short-term and long-term goals
and expectations and discuss:
• Site assessments
• Consensus on design parameters
• Previously gathered stakeholder feedback on design features
o DCBA, Chamber and Farmers' Market
• Planning, Building, Fire, Public Works & ABC code compliance
• Stakeholder involvement
• Conceptual design, layout and construction strategy
• Site customization
• Design review meeting schedule
July 11-15: Prepare conceptual design, layout and construction strategy
July 18-22:
First Presentation and Review of Design Plans
o Present conceptual design, layout and construction strategy to City staff
■ Deliverables include the following:
➢ Site plans
➢ Renderings
➢ Structural and foundation connections and diagrammatic details
• Present design, layout and construction strategy to stakeholders (i.e., downtown
restaurants, DCBA & Chamber)
• Revise conceptual design plans based on staff and stakeholder feedback to
develop designs in greater detail. Deliverables include the following:
o Site plans
Campbell City -Approved Parklet Design Program 2
o Floor plans
o Curb/platform details
o Handrail/guardrail details
o Roofing/Shading details
o Extra details, i.e., planters/benches
o Renderings
July 25 — 29:
• Second Presentation and Review of Design Plans
• Revise conceptual design plans based on staff feedback to develop designs in
greater detail
August 1:
• Third Presentation and Review of Design Plans
• Present revised design plans to City Staff for review in preparation for Council
Consideration on August 16
August 16: Parklet design plans presented to City Council for consideration*
*In the event design plans are not presented to the City Council on August 16, plans would be presented
September 6, 2022, and the schedule will be adjusted accordingly.
August 17-24: Design plans revised based on Council direction if applicable
August 25 - 26: Final and complete design plans presented to City Staff for approval
August 29 - September 2: Designs and construction documents prepared for
distribution and publication
September 12: Program Launch
Campbell City -Approved Parklet Design Program 3
Scope of Services and Fee
Sidell Pakravan Architects
Principal, Rudabeh Pakravan
$200 per hour
Project Manager, Vadim Mishchuck
$150 per hour
Designer, Claire Jang
$100 per hour
Engineer, Tipping Engineers,
18% of total fee
Landscape Architect, Groundworks Office
12% of total fee
1. Due Dilligence, Outreach, Conceptual Design
a. Site assessments to determine current parklet locations, uses, layouts, successes, and failures.
b. Research into existing best practices, protocols, and information. Review of the Existing Downtown Campbell Parklet program
"temporary program as well as pre-COVID parklets.
c. 1-2 webinars and 1-2 meetings with business owners, DCBA, and any other stakeholders (per City of Campbell direction)
d. Meetings as necessary with Public Works, Building Department, Planning/Zoning, and Economic Development Departments to
determine short term and long term goals and expectations.
e. Due dilligence and research into relevant building, planning, public works, and engineering codes as well as ABC compliance.
f. Initial Concept and Site Layouts for Review (see project schedule for specific deliverables)
Fee for this phase: $7,000
2. Design Development
a. New and updated iterations of parklet design options based on staff comments. See project schedule for specific deliverables.
b. 3 sequential design meetings with staff to review design options in July and August. In between each meeting, Sidell Pakravan
architects will build upon feedback and create new iterations to present. Designs will adhere to relevant Zoning and Land Use codes,
California Building and Fire Codes, federal and state ADA standards, and City of Campbell Parklet Design Parameters. Any plan check
comments or staff direction will be incorporated into the final iteration.
d. Committee and Council meetings that are relevant to this project are included as part of this proposal, up to 4 meetings.
Fee for this phase: $8,000
3. Construction Documents and Final Deliverables For the City Approved Parklets, Sidell Pakravan Architects proposes to create a
visually appealing and clear set of design plans that include:
a. Site Plans for multiple options of parklets based on size, either one parking stall or two parking stalls. Site plans to include dimensions
and relevant specifications
b. Foundation, Curbing Strategies We will design, detail, and graphically represent 1-2 clear foundation and curbing strategies including
specifications and dimensions. We will work directly with the city Public Works department to determine compliance and best practices
for foundation and curbing.
c. Platform/Railing/Planter/Perimeter Detailing. We will design, detail, and graphically represent 3 options for each platforms/flooring,
vertical components, and roofing/overhead support options. Three overhead support options will be provided, one with no overhead
structure, one with a shade structure, and one with a roof. These details will be reviewed multiple times with City representatives. The
proposals will design for high quality, non-combustible materials and will provide specific specifications and dimensions.
d. Design Standards
We will work with our consulting Landscape Architect, Groundworks Office, to outline and graphically represent options for site planning,
lighting, furniture, signage and planting options. We will also work with our consulting engineer, Tipping Engineers, to develop the guardrail
details, the roof connection detail, and any other relevant structural connections. Both consultants' fees are included in this proposa
Fee for this phase: $15,000
Total Fee: $30,000
Sidell Pakravan Architects Campbell City -Approved Parklet Design Program 4
AgreementConsultant r let Design Services
Sidell PakravanCorrected i ur Order
Final Audit Report 2022-07-25
Created: 2022-07-22
By: Michael Thomas (michaelt@campbellca.gov)
Status: Signed
Transaction ID: CBJCHBCAABAA6bdlT10VLtbg8QPdBUOTJzvJ9oJpyHHT
"Consultant Agreement Parklet Design Services Sidell Pakravan
- Corrected Signature Order" History
Document created by Michael Thomas (michaelt@campbellca.gov)
2022-07-22 - 7:44:12 PM GMT
Document emailed to bills@campbellca.gov for signature
2022-07-22 - 7:47:59 PM GMT
Email viewed by bills@campbellca.gov
2022-07-25 - 4:18:45 PM GMT
6�& Signer bills@campbellca.gov entered name at signing as William R. Seligmann
2022-07-25 - 4:21:29 PM GMT
Document e-signed by William R. Seligmann (bills@campbelica.gov)
Signature Date: 2022-07-25 - 4:21:31 PM GMT - Time Source: server
Lj4 Document emailed to Sidell Pakravan Architects (rudabeh@sidellpakravan.com) for signature
2022-07-25 - 4:21:34 PM GMT
Email viewed by Sidell Pakravan Architects (rudabeh@sidellpakravan.com)
2022-07-25 - 9:36:25 PM GMT
Document e-signed by Sidell Pakravan Architects (rudabeh@sidellpakravan.com)
Signature Date: 2022-07-25 - 9:36:46 PM GMT - Time Source: server
Document emailed to Brian Loventhal (brianl@campbellca.gov) for signature
2022-07-25 - 9:36:48 PM GMT
"# Email viewed by Brian Loventhal (brianl@campbellca.gov)
2022-07-25 - 9:41:01 PM GMT
Adobe Acrobat Sign
Document e-signed by Brian Loventhal (brianl@campbellca.gov)
Signature Date: 2022-07-25 - 9:43:58 PM GMT - Time Source: server
Agreement completed.
2022-07-25 - 9:43:58 PM GMT
Adobe Acrobat Sign
Exhibit D-2
City of Campbell
Request for Budget Adjustments
Department/Program,
'Division" '
Date °
Request No.,
City Manager
539 - COVID Response
September 20, 2022
BA-6
Budget to be Reduced
Fund/Program
Account Number
Description
mount.
EXPENDITURES
101.740
7432
One -Time Construction Grant
48,000
Budget to be Increased
Fund/Program
Account Number
Description'',Amount
EXPENDITURES
101.539
7427
Parklet Design Contract Amendment
48,000
REASON FOR REQUEST - BE SPECIFIC:
To modify action approved on July 5, 2022; shifting One -Time Construction Grant to Parklet Design Contract.
Will Fuentes
Rob Eastwood
Brian Loventhal
Finance Director
Community Development Director
City Manager