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2009-04-13 City Council Agenda Packet
1 04/13/09 MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET ARE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY CLERK’S OFFICE AT PALO ALTO CITY HALL, 250 HAMILTON AVE. DURING NORMAL BUSINESS HOURS. Agenda posted according to PAMC Section 2.04.070. A binder containing supporting materials is available in the Council Chambers on the Friday preceding the meeting. Special Meeting April 13, 2009 6:00 PM ROLL CALL COUNCIL CONFERENCE ROOM STUDY SESSION 1. Joint Meeting with the Public Art Commission Regarding Palo Alto Public Art Issues LIST OF TOPICS ATTACHMENT 7:00 PM or as soon as possible thereafter COUNCIL CHAMBERS SPECIAL ORDERS OF THE DAY 2. Proclamation Honoring the Anniversary of 45 Years of Sister City Relations with the City of Oaxaca, Oaxaca, Mexico ATTACHMENT 3. Proclamation Declaring April 19-25, 2009 as the Week of the Young Child ATTACHMENT 4. Proclamation Recognizing Congresswoman Anna G. Eshoo’s Environmental Leadership and Her 14th Congressional District Office at 698 Emerson Street, Palo Alto as the “Greenest” Congressional District Office ATTACHMENT 2 04/13/09 MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET ARE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY CLERK’S OFFICE AT PALO ALTO CITY HALL, 250 HAMILTON AVE. DURING NORMAL BUSINESS HOURS. 5. Demonstration of the New Utility Online Bill Pay System ATTACHMENT CITY MANAGER COMMENTS ORAL COMMUNICATIONS Members of the public may speak to any item not on the agenda; three minutes per speaker. Council reserves the right to limit the duration or Oral Communications period to 30 minutes. APPROVAL OF MINUTES March 16, 2009 CONSENT CALENDAR Items will be voted on in one motion unless removed from the calendar by two Council Members. 6. Adoption of a Resolution Designating 2300 Wellesley Street, Known as the College Terrace Library, to be Eligible as a “Sender Site” in the Transfer of Development Rights Program and Approval of Revision to Policy 1-46 Concerning the Procedure for Sale/Transfer of Development Rights for City-Owned Property CMR 202:09 ATTACHMENT 7. Policy & Services Committee Recommendation to Adopt a Resolution Approving Revised City Council Procedures ATTACHMENT 8. Approval of a Contract with Mark Thomas & Company in the Amount of $214,800 for Design Services for the Stanford Avenue/El Camino Real Context-Sensitive Streetscape and Intersection Improvements Project CMR 204:09 ATTACHMENT AGENDA CHANGES, ADDITIONS, AND DELETIONS HEARINGS REQUIRED BY LAW: Applications and/or appellants may have up to ten minutes at the outset of the public discussion to make their remarks and put up to three minutes for concluding remarks after other members of the public have spoken. OTHER AGENDA ITEMS: Public comments or testimony on agenda items other than Oral Communications shall be limited to a maximum of five minutes per speaker unless additional time is granted by the presiding officer. The presiding officer may reduce the allowed time to less than five minutes if necessary to accommodate a larger number of speakers. CLOSED SESSION This item may occur during the recess or after the Regular Meeting. Public Comments: Members of the public may speak to the Closed Session item(s); three minutes per speaker. 3 04/13/09 MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET ARE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY CLERK’S OFFICE AT PALO ALTO CITY HALL, 250 HAMILTON AVE. DURING NORMAL BUSINESS HOURS. 9. CONFERENCE WITH LABOR NEGOTIATOR City Manager and his designees pursuant to Merit Rules and Regulations (James Keene, Russ Carlsen, Lalo Perez, Sandra Blanch, Darrell Murray) Employee Organization: Local 521, Service Employees International Union (SEIU) - SEIU Hourly Unit Authority: Government Code Section 54957.6(a) CONFERENCE WITH LABOR NEGOTIATOR Agency Negotiator: City Manager and his designees pursuant to Merit Rules and Regulations (James Keene, Russ Carlsen, Lalo Perez, Sandra Blanch, Darrell Murray) Employee Organization: Local 521, Service Employees International Union Authority: Government Code Section 54957.6(a) CONFERENCE WITH LABOR NEGOTIATOR City Manager and his designees pursuant to Merit Rules and Regulations (James Keene, Russ Carlsen, Lalo Perez, Sandra Blanch, Darrell Murray) Employee Organization: Palo Alto Peace Officers’ Association Authority: Government Code Section 54957.6(a) CONFERENCE WITH LABOR NEGOTIATOR City Manager and his designees pursuant to Merit Rules and Regulations (James Keene, Russ Carlsen, Lalo Perez, Sandra Blanch, Darrell Murray) Employee Organization: Local 1319, International Association of Fire Fighters Authority: Government Code Section 54957.6(a) CONFERENCE WITH LABOR NEGOTIATOR City Manager and his designees pursuant to Merit Rules and Regulations (James Keene, Russ Carlsen, Lalo Perez, Sandra Blanch, Darrell Murray) Employee Organization: Palo Alto Fire Chiefs’ Association Authority: Government Code Section 54957.6(a) CONFERENCE WITH LABOR NEGOTIATOR Agency Negotiator: City Manager and his designees pursuant to the Merit System Rules and Regulations (James Keene, Russ Carlsen, Lalo Perez, Sandra Blanch, Darrell Murray) Employee Organization: Unrepresented Employee Group Management and Professional Personnel and Council Appointees Authority: Government Code section 54957.6(a) 4 04/13/09 MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET ARE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY CLERK’S OFFICE AT PALO ALTO CITY HALL, 250 HAMILTON AVE. DURING NORMAL BUSINESS HOURS. CONFERENCE WITH LABOR NEGOTIATOR Agency Negotiator: City Manager and his designees pursuant to the Merit System Rules and Regulations (James Keene, Russ Carlsen, Lalo Perez, Sandra Blanch, Darrell Murray) Employee Organization: Unrepresented Employee Group Limited Hourly Employees Authority: Government Code section 54957.6(a) PUBLIC HEARINGS 10. Adoption of an Ordinance Amending Sections 18.16.060 (D) (Neighborhood, Community, and Service Commercial Zoning Districts), 18.18.060 (D) (Downtown Commercial District), 18.30(D) (Hotel Combining District), and 18.34.050 (Pedestrian and Transit Oriented Development Combining District) of Title 18 (Zoning) of the Palo Alto Municipal Code Regarding Development Criteria for Hotel Development and Adoption of a Resolution to Adopt a Comprehensive Plan Amendment to Commercial Land Use Definitions Providing Maximum Floor Area Ratios Allowed for Hotel Uses Consistent with Zoning Regulations CMR 197:09 ATTACHMENT REPORTS OF OFFICIALS 11. Recommendation to Terminate Ultra-High-Speed Broadband Request for Proposals Process Due to Lack of Financial Resources of the 180 Connect Network Services Inc./Packetfront Inc./Axia NetMedia Corporation Consortium’s Proposal to Build a Citywide Ultra-High- Speed Broadband System and Approval of Actions for Proceeding with the Broadband Initiative MEMO CMR 143:09 ATTACHMENT COUNCIL COMMENTS, ANNOUNCEMENTS, AND REPORTS FROM CONFERENCES Members of the public may not speak to the item(s). ADJOURNMENT Persons with disabilities who require auxiliary aids or services in using City facilities, services, or programs or who would like information on the City’s compliance with the Americans with Disabilities Act (ADA) of 1990, may contact 650-329-2550 (Voice) 24 hours in advance. City of Palo Alto Memorandum TO: HONORABLE CITY COUNCIL FROM: CITY MANAGER DEPARTMENT: COMMUNITY SERVICES DATE: APRIL 13, 2009 SUBJECT: POTENTIAL TOPICS OF DISCUSSION FOR THE JOINT STUDY SESSION MEETING WITH THE PUBLIC ART COMMISSION Below are the potential topics of discussion for the joint study session with the Public Art Commission at 6:00 PM on April 13, 2009: 1) Closure on Colleagues Memo of March 2, 2009, Clarification of Staff and Public Art Commission Roles in Approving Artwork 2) Municipal Arts Plan 3) Past year's accomplishments 4) Current projects [As approved by the PAC 3/19/2009] CITY OF PALO ALTO MUNICIPAL ARTS PLAN Introduction: The Public Art Commission of the City of Palo Alto ("the PAC") was created pursuant to Section 2.18 of the Municipal Code. The art in public places program, as defined Section 2.26.010(1) of the Municipal Code, includes all visual work displayed for two weeks or more in an open city-owned area, on the exterior of any city- owned facility, within any city-owned facility in areas designated as public area, lobbies, or public assembly areas, or on non-city property if the work is installed or financed, either wholly or in part, with city funds or grants procured by the City. The duties of the PAC are set forth in Section 2.18.070 and 2.26.030 of Municipal Code, which duties include, among other things, (i) advising the City in matters pertaining to the quality, quantity, scope and style of art in public places, and concerning the purchase, maintenance, placement, alteration, sale, transfer of art in public places, (ii) advising the City regarding amounts to be expended on art in public places, (iii) devising methods of selecting and commissioning artists with respect to the design, execution, and placement of art in public places, and (iv) advising the City on such other matters pertaining to the art in public places program as may be appropriate. Pursuant to Section 2.26.060 of the Municipal Code, (i) decisions on artistic matters pertaining to the art in public places programs will be made by the city staff and the PAC and the City Council will not exercise its independent judgment on artistic matters unless the City Council requests that the matter be agendized for its review and (ii) that the City Council will refer questions, suggestions, complaints, and similar items pertaining to the art in public places program to city staff and the PAC for their review and response. Other important sections of the Municipal Code applicable to the work of the PAC include Section 2.26.040 (Standards for Review) and Section 2.26.050 (General Rules for art in public places). Objectives and Organization: This Municipal Arts Plan (the "Plan") establishes a planning guideline and framework for carrying out the mission of the PAC consistent with its duties and with maintaining the City's high quality of life and improving the visual quality of its neighborhoods. 1 The Plan was first developed in 1985 and is designed to be updated periodically. This current Plan grew out of the PAC's retreat held October 11, 2008, and the work of four subcommittees that elaborated on the discussions at that retreat. Reflecting the work of those four subcommittees and the priorities of the PAC as of March 19, 2009, the Plan is divided into four sections: (A) New Permanent Art and Temporary Projects, including specifically the acquisition of new works, (B) Current Art, covering all matters pertaining to the existing collection, (C) Partnerships and Financial, these being areas critical to carrying out the PAC's mission, and (D) Communications, highlighting the need to engage and educate the public concerning the art in public places program and the work of the PAC. A. New Permanent Art and Temporary Projects General Goals: 1. In acquiring new works for the Palo Alto Public Art program, consider a wide variety of art as appropriate to specific sites and the nature of the particular project and in a manner consistent with the PAC's Acquisitions Policy as in effect from time to time: a. Aesthetic projects integrated into building or site b. Art by or in collaboration with community c. Collaborations between artists of different genres d. Conceptual art e. Digital art f. Green (environmental) art g. Historical art h. Interactive art i. Internet art j. Land art k. Large scale art l. Murals (interior/exterior) m. Performance and ephemeral pieces and their permanent records n. Sculpture o. Sound art p. Technological art q. Time based projects r. Two dimensional work s. Utilitarian art t. Video/Film u. Youth art 2. Assess prospective sites for new work: Assess prospective sites for new work, taking into account 2 the type of work, the length of time that the work will be in public view, the nature of any proposed location, the desires of the particular business and/or neighborhood and such other factors as are appropriate in the circumstances. 3. Community participation and outreach: a. Heighten awareness of the Public Art Program in the community in connection with the acquisition of new work. (see Marketing and Communications section below) b. Work closely and collaboratively with the appropriate business and neighborhood associations and other community groups especially concerned with specific projects. c. Determine range of educational and other events to take place during the introduction of new work and projects. Short term priorities (1-2 years): 1. Prioritize prospective sites for new work: a. Identify type and range of sites. b. Identify particular types of work for particular sites. c. Prioritize sites. d. Consider both interior and exterior spaces, both public and private. e. Consider sites for both permanent and temporary projects. 2. Once physical sites are prioritized: a. Establish an acquisition/installation program for a wide variety of art. b. Establish a procedure for public input on selections as appropriate to the work and the proposed site. 3. Programs for one-time, short-term and rotating projects: a. Agree on a specific site, set up the selection process, and determine costs for a rotating, short term (3 to 6 month) displays of work or individual works. b. Establish a program for one-time or short-term projects. 4. Establish a mural program, to include a "visual chronicle of Palo Alto" component. 3 5. Take steps to facilitate contacts with artists: a. Expand database of potential artists (see Marketing & Communications section) b. Encourage and facilitate artists contacting the PAC c. Seek out specific artists on a project-by-project basis. d. Make the program accessible to, and equally seek out, national and international talent that would enrich the Palo Alto Public Art program. 6. Utilize partnerships and collaborations: In connection with new projects, seek out and utilize partnerships and collaborations with artists, local institutions, collectors and funders (corporate and private), educators and educational institutions, local businesses and business groups, nearby cities and international organizations (see Partnerships and Collaboration section below). 7. Interaction with other city commissions and departments: Expand contacts with other city departments and commissions so that (i) they are aware of the PAC and its mission and (ii) public art matters (e.g., "percent for art" projects) can be considered and acted upon in a timely fashion. Long term priorities (3+ years): 1. Identify or commission a major blue chip art work as a destination piece of art for Palo Alto. Something along the lines of the James Turrell skyspace "Three Gems" at the de Young in San Francisco or Andy Goldsworthy's wall "Stone River" at Stanford. 2. Expand use of the Baylands (Byxbee Park area) and other open space as sites for both short term projects and permanent installations, including but not necessarily limited to green (environmental) projects. B. Current Art General Goals: 1. The PAC will increase public awareness of the existing collection through exhibitions, promotional materials, interpretive materials and our website to instill civic pride and encourage tourism. 2. Implement and expand registration procedures and conservation efforts to protect the existing collection. 4 Short Term Priorities (1-2 years): 1. Maintenance and care: a. Complete Inventory and condition reports. b. Hold deaccessioning event. c. Use proceeds from event to restore artworks identified in condition report. d. Adopt terms and conditions for loan of artwork and distribute to existing borrowers. e. Adopt new loan forms/policy and distribute to existing borrowers. f. Host art talk evening including artists in the collection. 2. Promotion: a. Put highlights of the permanent collection on the website. b. Begin mapping artwalks and update outdoor sculpture map. Long term priorities (3+ years): 1. Maintenance and care: a. Find adequate storage facility for artwork. b. Re-evaluate artworks that may need to be deaccessioned or relocated. c. Implement CAP report. d. Hire part-time person to facilitate loans, update website, and oversee maintenance. e. Explore possibility of high school/college intern maintenance crew from Palo Alto schools, Foothill College and Stanford University. f. Explore creating an endowment fund to cover maintenance issues. 2. Use of collections: a. Explore additional indoor exhibition sites. b. Explore art rental opportunities and partnerships. c. Contact sister cities to explore collaborative/joint exhibitions. d. Research adopt-a-sculpture options. 3. Promotion: a. Upload entire collection on website. b. Print publication of the collection. c. Continue to update art-walk map of outdoor sculpture on a regular schedule. 5 C. Partnerships and Financial General Goals: Develop a network of partnerships and organizations that will best serve the public in supporting, developing and funding future public art projects. Short Term Priorities (1-2 years): 1. Partnership opportunities: a. Seek sustainable relationships with variety of groups listed below. b. Define specific tasks relationship for these groups. c. Develop database of information on identified groups. d. Identify and develop collaborative opportunities that will benefit both public and private sources. e. Maximize use of the website to include private and public sponsors. 2. Funding sources: a. Identify and develop traditional and creative funding resources for exciting public art projects. b. Create a list of resources from funding sources identified in the list below. c. Identify and list revenue-generating activities that will support public art identified by products and/or licensing. d. Develop list of events that will encourage public participation. e. Seek out public and private funding through grants, corporate funding and/or community organizations. 3. Partnerships network: Partnerships include but not limited to nonprofits, corporate, community and neighborhoods, educational/academic institutions, individual artists and artists organizations, regional municipalities, sister cities, national/international resources and various forms of media. 4. Funding resources: Funding sources include but not limited to City of Palo Alto, grants, community organizations, corporations, rentals, earned income, licensing and products, and events. 6 D. Marketing Communications Plan General Goals: 1. Increase awareness of Palo Alto Public Art and the PAC. 2. Increase the engagement of the public and art professionals with Palo Alto Public Art projects. 3. Support development (fundraising) for Palo Alto Public Art and initiatives of the PAC. Strategies: 1. Begin the overall initiative with planning, publishing processes and creation of templates to provide focus, consistency and to facilitate current and future efforts. 2. Identify and utilize best ways to reach each segment of Palo Alto Public Arts' current and potential audiences, utilizing a mix of tactical approaches. 3. Leverage technology when appropriate, to broaden reach and to mitigate costs and efforts. 4. Leverage contacts and resources available (e.g., Art Center) to support implementation. 5. Schedule implementation to begin with priority tactics (if manpower and expertise are available) and add additional tactics when possible. Short Term Priorities 1. Create an identity for the PAC: a. Positioning statement, messaging, theme. b. Visual brand expression (see NOTE 1 at bottom.) c. Electronic template to facilitate production. 2. Publish communications guidelines: a. For use by Commissioners, subcommittees, vendors and resources. b. Promotes consistency, efficiency and economy. c. Disseminate electronically and post in password protected area of website. 3. Refresh the PAC website: a. Apply new identity where possible. 7 b. Update content. c. Easier content management system (CMS) to keep content. fresh. d. Add functionality to be more user-friendly. e. Blogs for Commissioners. f. Password protected area to download guidelines. g. Press area. 4. Search engine optimization (SEO) to improve search rankings: a. Develop segmented data base (DB). b. Targeted public. c. Press. d. Resources. e. Volunteers. f. Artists. g. Donors. h. Affiliates (e.g., City Council, Art Center, etc.). i. Other art-related organizations. 5. Post videos on YouTube and other sites: a. Content examples: artist interviews, show new and existing works, tell about process, depict new programs. b. Use relevant tags and links to drive traffic to Arts Commission website. c. Short and entertaining. 6. Newsletters: a. Short monthly emails. b. Varied, entertaining and informative content. c. Links to site and to videos. d. Portal for readers to access other art related organizations. 7. Press: a. Research contacts (see DB above). b. Press releases. c. Bylines for print. d. Pitch stories to local television channels. e. B-roll. 8. Blog outreach: a. External blogger support from friends and family. b. Supply short content relevant to Public Art. c. Supply anchor text and links to the PAC’s website to drive traffic and improve search rankings. 8 Long term priorities (3+ years): 1. Market research: a. Qualitative research to find out what our residents want, discover how they learn about our art and programs. b. Can request help from local newspapers. c. Use other tactics to drive traffic to go online and give us feedback. 2. Facebook Group 3. Wikipedia article 4. Post images on Flickr 5. Print needs (e.g., flyer for the art walk; Guidelines For Public Art in Private Projects): a. Create electronic art for printing and to post PDF on website. b. For printing, use a “green” printer. c. Print only pieces which will be used as stand-alone promotions or which directly support major development (fund raising) efforts. 6. Webcasts: a. Artists’ series. b. Other content TBD. 7. High school outreach – events in art classes or art clubs. 8. Other ways to engage public to promote brand awareness, develop relationship with audience, channel volunteer help and other): a. contests. b. hands-on workshops. c. SIG – ongoing discussion group to encourage creativity/art amongst residents. -------------------------------------------------------------------- NOTE 1 Visual brand expression applications Stationery (LH, cards, eps) Website Brochures Flyers Books 9 HTML email Newsletters Billing inserts Postcards Direct mail PPT Signage Social media 10 CITY OF PALO ALTO PROCLAMATION HONORING THE COMPLETION OF 45 YEARS OF SISTER CITY RELATIONS WITH THE CITY OF OAXACA, OAXACA, MEXICO WHEREAS, communication among people is the foundation of the Sister Cities program, which attempts to promote international and intercultural understanding; and WHEREAS, Oaxaca and Palo Alto joined together to work toward these ideals in 1964 by forming Neighbors Abroad in Palo Alto and El Comite Ciudades Hermanas Oaxaca-Palo Alto, in Oaxaca; and WHEREAS, through the years the two cities have worked together to involve their respective citizens in cultural exchanges, special programs, and award-winning projects; and WHEREAS, the City of Oaxaca honors the City of Palo Alto by sending representatives of the Sister City Committee, the Board of the Albergue Infantil Joseino, the Programa Nino-a-Nino, and the Fire Department; and WHEREAS, this visit has mutual benefits for both Oaxaca and Palo Alto. NOW, THEREFORE, I, Peter Drekmeier, Mayor of the City of Palo Alto, on behalf of the City Council, hereby record congratulations and admiration, as well as the best wishes of the City of Palo Alto, on the occasion of the 45th Anniversary of our joint Sister City relationship and wish to thank the City of Oaxaca and its representatives for their significant and enthusiastic contributions to the Sister Cities program. Presented April 2009 ______________________________ Peter Drekmeier Mayor CITY OF PALO ALTO PROCLAMATION Declaring April 19-25, 2009 as the Week of the Young Child WHEREAS, the early care and education programs in Palo Alto are of consistently high quality; and WHEREAS, high-quality early care and education programs provide a critical foundation for school readiness and later school achievements, as reported in the research, including the 2008 RAND study; and WHEREAS, studies have shown that such programs not only benefit parents and young children, but the larger community as well; and WHEREAS, the Palo Alto Child Care Advisory Committee, in conjunction with the National Association for the Education of Young Children, wishes to celebrate the Week of the Young Child by acknowledging and supporting the providers of early care and education programs in Palo Alto, and by conducting a public awareness campaign with scholarship drive support because “Early Learning Builds a Better Future”; and WHEREAS, April 19-25, 2009 is the Week of the Young Child. NOW, THEREFORE, I, Peter Drekmeier, (Mayor of the City of Palo Alto, on behalf of the City Council), do hereby: SECTION 1. The Council hereby recognizes and honors the providers of Palo Alto’s early care and education programs during the Week of the Young Child and thanks them for their service to our youngest citizens, their families, and our community, building a better future for us all. SECTION 2. The Council finds that the adoption of this resolution does not constitute a project under the California Environmental Quality Act and the CEQA Guidelines and, therefore, no environment assessment is required. Presented April 2009 _____________________________ Peter Drekmeier, Mayor CITY OF PALO ALTO PROCLAMATION RECOGNIZING CONGRESSWOMAN ANNA G. ESHOO’S ENVIRONMENTAL LEADERSHIP AND HER 14TH CONGRESSIONAL DISTRICT OFFICE AT 698 EMERSON STREET, PALO ALTO AS THE “GREENEST” CONGRESSIONAL DISTRICT OFFICE WHEREAS, Anna G. Eshoo was first sworn in as a Member of the United States House of Representatives in 1993, after serving on the San Mateo County Board of Supervisors for 10 years; and WHEREAS, Anna G. Eshoo’s 14th Congressional District has always included Palo Alto, California which she has served with great distinction; and WHEREAS, Anna G. Eshoo has demonstrated leadership and commitment to protection of the environment and to energy and water conservation throughout her long public career; and WHEREAS, Anna G. Eshoo has served on the House Energy and Commerce Committee since 1995; and WHEREAS, Anna G. Eshoo has sponsored many bills related to energy independence and environmental protection, including her having led House Democrats in 2005 by introducing The Innovation Agenda that makes a bold and critical national commitment to achieve energy independence for America within the next decade; and WHEREAS, on December 3, 2007 the City of Palo Alto adopted the Palo Alto Climate Protection Plan that encourages businesses to derive their energy from renewable sources and to reduce their energy use to 15% below a 2005 Base Year and to achieve these goals by 2020; and WHEREAS, since January 2009, Anna G. Eshoo’s 14th Congressional District Office at 698 Emerson Street, Palo Alto, California has completed extensive environmental, energy and water conservation measures that have resulted in her office deriving 100% of its energy from renewable sources, and has reduced energy and water use by over 50%; and WHEREAS, Anna G. Eshoo’s 14th Congressional District Office was certified by the County of Santa Clara as a “Green Business” on February 6, 2009; and WHEREAS, Anna G. Eshoo has served as a role model for green business programs offered by the City of Palo Alto, the County of Santa Clara, the Palo Alto Chamber of Commerce, Wave One Palo Alto, and Acterra, Action for a Healthy Planet; and WHEREAS, as a result of the extensive environmental and energy conservation measures undertaken by Anna G. Eshoo, her 14th Congressional District Office has become the “Greenest” Congressional District Office; and WHEREAS, Anna G. Eshoo will open her Congressional District Office to the public for the purpose of educating and inspiring others to undertake environmental and energy and water conservation measures; and WHEREAS, Anna G. Eshoo will hold a community open house on Earth Day, April 18, 2009 in conjunction with Earth Day activities in the City of Palo Alto. NOW, THEREFORE, I, Peter Drekmeier, (Mayor of the City of Palo Alto, on behalf of the City Council), do hereby: SECTION 1. Recognize Congresswoman’s Anna G. Eshoo’s great leadership and commitment to protection of the environment and to conservation of energy and water throughout her years of service to the 14th Congressional District that includes the City of Palo Alto: SECTION 2. Recognize that as a result of the personal commitment of Anna G. Eshoo, and through her collaborations with the City of Palo Alto, the County of Santa Clara, the Palo Alto Chamber of Commerce, Wave One Palo Alto, and Acterra, Action for a Healthy Environment, the 14th Congressional District Office at 698 Emerson Street, Palo Alto, California has undertaken extensive environmental, energy and water conservation measures: SECTION 3. Recognize that as a result of the environmental, energy and water conservation measures undertaken by Anna G. Eshoo in 2009, that the 14th Congressional District Office has become the “Greenest’ Congressional District Office: SECTION 4. Recognize that as a result of the environmental, energy and water conservation measures undertaken by Anna G. Eshoo at her 14th Congressional District Office that Anna G. Eshoo shall serve as a role model for the future environmental accomplishments of other elected officials throughout the United States: SECTION 5. Recognize that by opening the 14th Congressional District Office to the public, that Anna G. Eshoo shall educate and inspire others to undertake environmental, energy and water conservation measures: SECTION 6. Direct the City Manager to include as part of the Earth Day activities of the City of Palo Alto, the Open House that will be held on April 18, 2009 from 2:15 P.M. to 4:00 P.M. by Congresswoman Anna G. Eshoo at the 14th Congressional District Office, 698 Emerson Street, Palo Alto, California: SECTION 7. Expresses its gratitude for Anna G. Eshoo’s continuing leadership and commitment to the environment and to energy and water conservation and to her having made the14th Congressional District Office in Palo Alto, the “Greenest” Congressional District Office. Presented April 2009 _____________________________ Peter Drekmeier, Mayor I TO: HONORABLE CITY COUNCIL FROM: CITY MANAGER DATE: APRIL 13, 2009 REPORT TYPE: CONSENT DEPARTMENT: ADMINISTRATIVE SERVICES CMR: 202:09 SUBJECT: Adoption of a Resolution Designating 2300 Wellesley Street, Known as the College Terrace Library, to be Eligible as a "Sender Site" in the Transfer of Development Rights Program and Approval of Revision to Policy 1-46 Concerning the Procedure for Sale/Transfer of Development Rights for City- Owned Property RECOMMENDATION Staff recommends that Council approve the attached Resolution designating 2300 Wellesley Street, known as the College Terrace Library and Palo Alto Child Care Center (College Terrace Library), to be eligible as a "Sender Site" in the Transfer of Development Rights (TDR) program. Staff also recommends that Council approve the attached change in policy concerning the Sale/Transfer of Development Rights for City-owned property. BACKGROUND The College Terrace Library was built in 1936 and is approximately 4,860 square feet. It houses a branch of the Palo Alto Library system and a satellite site of Palo Alto Community Child Care (PACCC). The College Terrace Library is significant for its association with a prominent local architect, Charles K. Sumner, and a well-known local builder, George B. Moore. Since the time of its construction as a branch library in 1936, it has played a significant role in the College Terrace neighborhood community by serving not only as a library, but also for many years as a community center and meeting place. In addition, the library retains a high degree of material integrity. On April 7, 2008, Council approved the reclassification of the building from a Category 4 to a Category 2 historical structure in the City's historical building inventory (CMR: 192:08). The building has never been seismically upgraded, and major electrical and mechanical systems are approaching the end of their useful lives and need to be replaced in order to maintain uninterrupted service. On February 5, 2007, the City Council awarded a design contract for the College Terrace Library and Child Care Center Improvements (Capital Improvement Program CMR: 202:09 Page 1 of5 Project PE-05010) to the KPA Group, Inc. (CMR:11O:07). This project will upgrade the College Terrace Library and adjoining child care center, including seismic reinforcement, electrical, mechanical and accessibility upgrades, painting and landscaping. There will also be minor changes to the interior layout of the library in order to accommodate accessibility and structural upgrades. On January 21,2009, the Historic Resources Board (HRB) reviewed the plans and the Historic Structure Report (required for the project to participate in the TDR program). The HRB supported participation of the College Terrace Library project in the TDR program and unanimously recommended approval of the design plans as complying with the Secretary of the Interior's Standards for Rehabilitation, subject to conditions. On January 26, 2009, Council approved a contract with Nova Partners for construction management services for the College Terrace Library project (CMR: 119:09). On February 7, 2005, Council approved revisions to the Zoning Code to allow eligible City- owned historic properties located in any zone district to be "sender sites" under the Transfer of Development Rights ordinance, transferring historic or seismic rehabilitation floor area bonuses from these sites to eligible "receiver" sites located in the Downtown CD Zone District. As a Category 2 resource, and with the planned historic rehabilitation of the building, the College Terrace Library would be eligible as a "sender site" for a 2,500 square foot floor area bonus. The Transfer of Development Rights program would allow the City to sell the floor area bonus from College Terrace at market rate at the optimum time when the real estate market improves. In addition, a change in procedure to eliminate the need for the Council to review the Requests. for Proposals for the purchase of Transferable Development Rights is also proposed. See Attachment B. DISCUSSION A. College Terrace Library Project The purpose of the TDR program is to encourage and support the rehabilitation of historic buildings. The program provides a floor area bonus for the qualified rehabilitation of Category I and 2 historic buildings and Seismic Category I, II, and III buildings which are either owned by the City of Palo Alto or located in the Downtown CD zone district. The size of the bonus is 2,500 square feet, or 25% of the existing building, whichever is greater. Floor area bonuses may be transferred (sold) from eligible "sender" sites for use on eligible non-historic "receiver" sites in the Downtown. For City-owned property, floor area bonuses from eligible sender sites may be sold by the City on the open market through a public bid process. Funds from the sale will be used to rehabilitate eligible City-owned historic buildings. Provisions for eligible City-owned buildings to participate in the TDR program are outlined in Chapters 18.18.080 and 18.28.060 of the Palo Alto Municipal Code (PAMC). First, the Council must designate by resolution City-owned buildings that are Category I or Category 2 on the City'S historic inventory or Category I, II or III on the City's seismic hazards identification list as eligible to participate as a "sender site" in the TDR program. As noted in the attached resolution, the College Terrace Library, located at 2300 Wellesley Street, Palo Alto, is a Category 2 historic building on the City of Palo Alto Historic Inventory and as such qualifies to be a "sender site" in accordance with Chapter 18.28.060(d). The resolution also notes the Palo Alto Historic CMR:202:09 Page 2 of5 Resources Board (HRB) review and recommendation on January 21, 2009, for approval of the College Terrace Library project design, and the October 2008 College Terrace Library Historic Structures Report. The College Terrace Library Historic Structures Report fulfills the requirement to prepare a historic structures report in accordance with the standards and guidelines of the Secretary ofthe Interior's Standards for Historic Rehabilitation. B. Revision to Policy and Procedure 1-46 The public bidding process for selling bonus floor area development rights is contained in policy and procedure 1-46. Because the Council is already involved in the TDR sale process when it designates a site as a sender site and subsequently approves or rej ects bids, staff is proposing to eliminate the provision requiring the Council to approve the RFP on its Consent Calendar prior to its release. This change will eliminate a procedural step for staff and the Council while preserving the Council's discretion to designate a site as a TDR sender site, and the ultimate decision to accept or reject bids for those TDRs. In accordance with item 2 in the attached Policy & Procedure, staff intends to prepare and release an RFP sometime in the next several months should the economic market conditions improve the demand for TDR's. If the demand remains weak, staff will hold off on advertising and releasing the RFP until the demand increases as the economic conditions improve and the demand for TDR's increases. Upon release of the RFP, and receipt of responses, staff will forward the results of the bidding to the Council with a staff recommendation. The Council may accept the bid, or a bid which in its opinion best serves the public interest, or reject any and all bids. TlMELINE Staff will return to Council in the future with results of the bids received in accordance with the release of an RFP and a recommendation for acceptance of a bid or rej ection of all bids. In the meantime, the College Terrace Library renovations will start in the summer of 2009 and take approximately I year. RESOURCE IMP ACT Approval of the attached resolution satisfies one of several provisions required prior to the sale of the transferable development rights for the College Terrace Library. Sale of these development rights will eventually result in revenue funds to be returned to the Infrastructure Reserve of the General Fund. A recent example of this type of transaction was in 2005 when the bonus 2,500 square feet (from the Children's Library rehabilitation) was sold for $237,500 ($95 per square foot). An upcoming sale of TDRs will occur with the release of an RFP for the sale of the TDR from the former Sea Scout Building (CMR:171:09). The release of that RFP is anticipated for sometime in the near future with an expectation that the market conditions will improve. The bids received from that sale will help staff determine an estimate of value to place upon the TDRs for the College Terrace Library. The minimum bid to be set for the Sea Scout Building will range between $80 to $IOO/sf. Based upon these values, and assuming bids are received within these ranges, staff will set a minimum bid price in a similar range and anticipates that the 2,500 square feet of bonus area proposed to be sold for the College Terrace Library may CMR:202:09 Page 3 of5 result in the addition of funds in the range of $230,000 to $250,000 into the General Fund's Infrastructure Reserve. POLICY IMPLICATIONS This recommendation is consistent with existing City policy. ENVIRONMENTAL REVIEW Designation of the College Terrace Library site as an eligible TDR "sender" site is Categorically Exempt from California Environmental Quality Act (CEQA) review under CEQA quidelines section 15305, Minor Alterations in Land Use Limitation. The rehabilitation project is Categorically Exempt from CEQA review pursuant to CEQA guidelines section 15331, Historical Resource RestorationlRehabilitation, as a project limited to maintenance, repair, and rehabilitation in accordance with the secretary of interior standards for historic preservation. ATTACHMENTS Attachment A: Attachment B: CMR: 202:09 Resolution of the Council of the City of Palo Alto Designating 2300 Wellesley Street, Imow as the College Terrace Library, to be Eligible as a "Sender Site" in the Transfer of Development Rights program. Procedure For Sale/Transfer Of Development Rights For City-owned Property Page 4 of5 PREPARED BY: MARTHA MILLER Manager, Real Property DEPARTMENT HEAD APPROVAL: CITY MANAGER APPROVAL: CMR: 202:09 LALOPEREZ Director/Administrative Services JA KEENE Ci~er (j Page 5 of5 ATTACHMENT A * * * NOT YET APPROVED * * * Resolution No Resolution of the Council of the City of Palo Alto Designating 2300 Wellesley Street, Known as the College Terrace Library, to be Eligible as a "Sender Site" in the Transfer of Development Rights Program WHEREAS, Chapter 18.28.060(d) of the Palo Alto Municipal Code (PAMC) provides for the Council to designate one or more city-owned buildings that are Category 1 or Category 2 on the city's historic inventory andlor Category I, II, III on the city's seismic hazards identification list as eligible to participate as "sender sites" in the Transfer of Development Rights program as provided in Chapter 18.18 of the Zoning Code; WHEREAS, the College Terrace Library, located at 2300 Wellesley Street in Palo Alto, is designated as a Category II historic building on the City of Palo Alto Historic Inventory; and WHEREAS, as part of the 2005 budget authorization, Council approved the College Terrace Library rehabilitation project -Capital Improvement Program Project PE-0501O; and WHEREAS, on January 21, 2009, the Palo Alto Historic Resources Board reviewed the project plans and the May 2008 (Revised October 2008) Historic Structures Report for the building and recommended approval with conditions to the Director of Plauning and Community Environment (Plauning Director). The Historic Resources Board also affirmed that the proposed rehabilitation of the building meets the definition of "Historic Rehabilitation" set forth in Municipal Code 18.18.030(b), and that the proposed plan complies with the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings; and WHEREAS, on February 5, 2009, the project received final approval from the Palo Alto Director ofPlauning and Community Environment. NOW, THEREFORE, the Council of the City of Palo Alto does RESOLVE as follows: SECTION 1. The College Terrace Library located at 2300 Wellesley Street, shown on the attached Exhibit A, is hereby designated as a "sender site" in the Transfer of Development Rights program. II II II 090330 mb 8260994 1 * * * NOT YET APPROVED * * * SECTION 2. The College Terrace Library rehabilitation project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15331 (Historical Resource Restoration/Rehabilitation) as a project involving maintenance, repair and rehabilitation that will be completed in accordance with the Secretary of Interior's Standards for Historic Preservation. INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: APPROVED: City Clerk Mayor APPROVED AS TO FORM: City Manager Sr. Deputy City Attorney Director of planning and Community Environment 090330 mb 8260994 2 LEGAL DESCRIPTION EXHIBIT 'A' "HOLLYWOOD PARK" All that certain real property situated in the City of Palo Alto, Santa Clara County, State of California, being portions of Blocks 36, 37, 38 and 39, as shown on the map entitled "COLLEGE TERRACE", filed on October 8, 1891 in Book "E" of Maps at Page 121, Santa Clara County records, more particularly described as follows: BEGINNING at the most westerly corner of Lot 15, of said Block 39; thence along the southwesterly line of Lot 15 and Lot 16 of said Block 39, 50 feet to the most southerly corner of said Lot 16, Block 39; thence continuing along the southeasterly prolongation of the southwesterly line of said Lot 16, Block 39, 60 feet to the most westerly corner of Lot 16, of said Block 38; thence continuing along the southwesterly line of Lot 16 and Lot 15, said Block 38, 50 feet to the most southerly corner of said Lot 15, Block 38; thence leaving said southwesterly line, along the northwesterly line of Lot 17, of said Block 38, 125 feet to the most westerly corner of said Lot 17, Block 38; thence continuing along the southwesterly prolongation of the northwesterly line of said Lot 17, Block 38, 60 feet to the most northerly corner of Lot 14, of said Block 37; thence along the northwesterly line of said Lot 14, Block 37, 125 feet to the most westerlY,corner of said Lot 14, Block 37; thence leaving said northwesterly line, along the northeasterly line of Lot 16 and Lot 15, of said Block 37, 50 feet to the most northerly corner of said Lot 15, Block 37; thence continuing along the northwesterly prolongation of the northeasterly line of said Lot 15, Block 37, 60 feet to the most easterly corner of Lot 15, of said Block 36; thence continuing along the northeasterly line of Lot 15 and Lot 16, of said Block 36, 50 feet to the most northerly corner of said Lot 16, Block 36; thence leaving said northeasterly line, along the southeasterly line of Lot 14, of said Block 36, 125 feet to the most easterly corner of said Lot 14, Block 36; thence continuing along the northeasterly prolongation of the southeasterly line of said Lot 14, Block 36, 60 feet to the most southerly corner of Lot 17, of said Block 39; thence contiriuing along the southeasterly line of said Lot 17, Block 39, 125 feet to the POINT OF BEGINNING. Containing an area of 49,600 square feet (1.139 acres), more or less, Parcel is shown on attached plat EXHIBiT B and made a part thereof. END OF DESCRIPTION Page 1 of 2 Foregoing description is based upon record information as shown on the map entitled "COLLEGE TERRACE", filed on October 8, 1891 in Book "E" of Maps at Page 121, Santa Clara County records. t~ D . (.w>1.I!A..v_ Kristina D. Comerer, PLS 6766 License expires: September 30, 2010 Date: ~. 4,1.00 '1 Page 2 of 2 (J)~ f--...l....-----L----"-------'-+--PLA T TO ACCOMP AN Y 20 Jj -I r :;or 20 LEGAL DESCRIPTION EXHIBIT 'B' 19 BLOCK 36 12 JTIJT1 JTI(J) 19 BLOCK 39 SCALE: 1" = 60' 13 17 16 . .g 15 (FORMERLY CAMBRIDGE AVENUE) 15 16 17 Q) q (}1 q / 13 -I r JTI -< 13 14 17 125' 60' 125' 137-02-025 LANDS OF THE CITY OF PALO ALTO POINT OF BEGINNING MOST WESTERLY CORNER LOT 15, BLOCK 39 125' 14 HOLLYWOOD PARK COLLEGE TERRACE "E" MAPS 121 60' 125' 17 13 J4 15 ~~I----------------~ 15 ~ I (FORMERLY • CAMBRIDGE A VENUE) gl 16 :E 15 r C » 14 3!: (J) 13 BLOCK 31 13 (J)~ ~F 13 BLOcK 38 13 (J) -I 19 12 I'T'II'T'I JTI(J) -I r SURVEYOR'S THIS MAP CORRECTLY REPRESENTS A SURVEY MADE BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE REQUIREMENTS OF THE PROFESSIONAL LAND SURVEYORS' ACT AT THE REQUEST OF MARTHA MILLER, CITY OF PALO ALTO, IN FEBRUARY 2009. I~O.~ KRISTINA D. COMERER, PLS 6766 LICENSE EXPIRES: September 30, 2010 DATE: fI1.tvL . 4. -200 '7 I'T'I -< :;0 12 JTI JTI -I Jj CROSS LAND SURVEYING, INC. aL 2210 MT. PLEASANT ROAD ar-SAN JOSE, CA 95148 (408) 274-7994 PROJECT NO. 09-12 ATTACHMENTB PROCEDURE FOR SALE/TRANSFER OF DEVELOPMENT RIGHTS FOR CITY-OWNED PROPERTY (Policy and Procedures 1-46/ ASD) POLICY STATEMENT It is the policy of the City of Palo Alto that the disposal of City property and assets, including the transfer of certified development rights, be accomplished through a public bid process. To assure the highest return for sale of its assets, the process involves an appraisal of fair market value and an open and competitive bid process. The City Council may reject any or all bids and accept that bid which will, in its opinion, best serve the public interest. PROCEDURE 1. Following designation of a city-owned site as an eligible "sender site," and determination of a floor area bonus in accordance with Palo Alto Municipal Code Chapters 18.18.070, 18.18.080 and 18.28.060 (d), the Real Property Manager shall appraise (or have appraised) the value of the rights to be sold to determine a minimum bid. 2. The Real Estate Division shall prepare a Request for Proposals (RFP) to be released as follows: 1) An ad shall be placed in the Real Estate section of the local newspapers. 2) Flyers advising of the offering shall be sent to all persons on the Real Estate Division "Surplus Property Mailing List," persons owning eligible "receiver sites," local developers and others likely to be interested in the offering. 3. The bid opening shall be scheduled by the Real Property Manager and the Purchasing Manager. At the bid opening the Purchasing Division shall: 1) Open Sealed bids 2) If specified in the RFP, accept oral bidding beginning at 5% above the highest written bid. 4. The Real Estate Division shall forward the results ofthe bidding to the Council with a staff recommendation. The Council may rej ect any or all bids and accept that bid which will, in its opinion, best serve the public interest. TO: HONORABLE CITY COUNCIL FROM: CITY MANAGER DEPARTMENT: PLANNING AND COMMUNITY ENVIRONMENT DATE: APRIL 13, 2009 CMR: 204:09 REPORT TYPE: CONSENT SUBJECT: Approval of a Contract with Mark Thomas & Company in the Amount of $214,800 for Design Services for the Stanford AvenuelEl Camino Real Context-Sensitive Streetscape and Intersection Improvements Project RECOMMENDATION Staff recommends that Council approve and authorize the City Manager or his designee to execute the attached contract with Mark Thomas & Company (Attachment A) in an amount of $190,200 for design services and $24,600 for additional services for a total not to exceed the amount of $214,800 for the Stanford A venue/ EI Camino Real Context-Sensitive Streetscape and Intersection Improvements Project -Capital Improvement Program Project PL-07002. DISCUSSION Scope of Services Description The scope of work for design services needed for the Stanford A venue/ EI Camino Real Context- Sensitive Streetscape and Intersection Improvements Project is included as Attachment A of the attached contract. The de~ign services include the environmental evaluation and design of improvements at the intersection of Stanford Avenue and EI Camino Real and implementation of the demonstration phase of the EI Camino Real Master Planning Study developed by Caltrans and the City of Palo Alto. The project area includes the intersection of EI Camino Real and Stanford Avenue and extends approximately 100 feet beyond the intersection along all four approaches to the intersection. The proposed project includes installation of new comer bulb- outs, realignment and enhanced/textured paving of the pedestrian crosswalks, two new pedestrian refuges with bollards ·and in-ground lighting, widened landscape medians with planting and street trees, widened sidewalk with street trees, transit amenities and street furniture, new ornamental street and sidewalk lights, signal poles and new storm drain outlets. CMR:204:09 PAGE 1 oF4 Summary of Solicitation Process Proposal Description/N umber Design Services for the Stanford Avenue/EI Camino Real Intersection Improvements Project Proposed Length of Project 12 months Number of Proposals Mailed 13 Total Days to Respond to Proposal 21 Pre-proposal Meeting Date None necessary Number of Company Attendees at Not applicable Pre-proposal Meeting Number of Proposals Received: 6 Company Name Location (City, State) Selected for oral interview? 1. Kimley-Hom and Associates San Ramon, CA Yes 2. BKF Engineers San Jose, CA Yes 3. Kier & Wright Santa Clara, CA No 4. TY LIN International San Jose, CA No 5. Mark Thomas & Company San Carlos, CA Yes 6. TranS ystems Oakland, CA No Range of Proposal Amounts $199,100 to $462,966 Submitted An evaluation committee consisting of staff from Transportation and Public Works reviewed the initial proposals. The committee carefully reviewed each firm's qualifications and submittal in response to the criteria identified in the RFP. The criteria used to select a firm were quality and completeness of the proposal, qualifications and experience of the staff assigned to the project, proposer's knowledge of applicable laws, regulations, policies and guidelines, proposer's response time, ability to perform the work and cost to the City. The RFP process allows the City to negotiate the price of the work upon selection of the successful firm. Three firms were invited to participate in oral interviews on January 22, 2009. The interview committee consisted of staff from Transportation, Advance Planning and Public Works and representatives from VT A and Samtrans/Grand Boulevard. Mark Thomas & Company was selected because they demonstrated superior knowledge of Caltrans design requirements and the firm has extensive experience working successfully with Caltrans through the Caltrans design approval process. This firm also has experience working with cities along the Peninsula and has an understanding of and approach to context sensitive design. Callander Associates, a landscape architecture and urban design firm, will also be working closely with Mark Thomas & Company as their sub-consultant, to develop an attractive, context-sensitive streetscape design for this project. Callander Associates has extensive experience working with cities' design, planning and public works professionals as well as the stakeholders and the community. CMR:204:09 PAGE20F4 Additional services in the amount of 15 percent are requested to cover any additional costs that might arise because of unanticipated Caltrans requirements during Caltrans design review of the project. RESOURCE IMPACT Funding for the environmental and design work is included in Capital Improvement Program project PL-07002. On April 16, 2007 (CMR:207:07) Council approved a Budget Amendment Ordinance in the amount of $155,000 to create a new Capital Improvement Project for the environmental and design phases of the Stanford A venue/EI Camino Real Intersection Improvement Project. Subsequently, Council accepted the award of $1,334,400 in federal transportation grant funds from the Santa Clara Valley Transportation Authority (VT A) Community Design and Transportation (CDT) capital grant program. Because Stanford Avenue is included in the City's Safe Routes to School network and the Stanford/EI Camino intersection improvements were identified as a high priority in the Bicycle Transportation Plan, staff proposes to use $30,000 from CIP project PL-00026, Safe Routes to School and $30,000 from CIP project PL-04010, Bicycle Boulevards Implementation Project to fund the $60,000 balance of the $214,800 contract budget. POLICY IMPLICATIONS This project is consistent with existing policy, including Comprehensive Plan Transportation Element policies. The EI Camino Real/Stanford Avenue intersection is identified as a critical intersection on the City's adopted School Commute Corridors network as well as in the Palo Alto Bicycle Transportation Plan. This improvement was also identified on the EI Camino Real Master Planning Study. TIMELINE This project will need to be implemented on an accelerated timeline in order to obligate future grant funding set aside for construction of this project. The grant funds in the amount of $1,210,000 will need to be obligated no later than June 30, 2010, for the construction of this project. Design and environmental review of this project is expected to begin in April 2009 and be completed by April 2010. ENVIRONMENTAL REVIEW Approval of the consultant contract is not subject to CEQA. The environmental review of the project will be conducted prior to the completion of the design of the project. Caltrans as the lead agency for CEQA and NEP A will determine the type of environmental documentation to be prepared by the City. PREPARED BY: CMR:204:09 PAGE 3 OF4 DEPARTMENT HEAD: CITY MANAGER APPROVAL: ATTACHMENTS Attachment A: Contract CMR:204:09 Interim Planning Director --------~+-~~----~--~~--- PAGE 4 OF4 ATTACHMENT A CITY OF PA.LO~4LTO COj'iTR4CTL'Y·O. C09129591 A.GREE:.',TE~iT BET'VVEE:\ THI :-~'TTY CF PA.LO .A.L T:J .L\~D :\JARK THO)'lAS & CO~\n?A~Y', I~C. FOR PROFESSIO:'<AL SER\lICES DESIG~ SER'\nCES FOR THE EL CAYII~O REJC.1..L/STA~FORD .AVENUE PROJECT This AGREEwfENT is entered into April 13,2009, by and betvveen the CIT'{ OF PALO ALTO, a charter city and a municipal corporation of the State of California ("CITyll), and ~IARK THOlVll\S & CO:\,!PANY, INC., a California Corporation located at 618 Walnut Street, Suite 204, San Carlos, CA 94070 (PH) 650-363-8277 ("CONSULTANT"). RECITALS The following recitals are a substantive portion -of this Agreement. A. CITY intends to implement the visionary principles of the original "El Camino Real Master Schematic Design Plan" ("Proj ect") and desires to engage a consultant to provide the Design Services in connection with the Project ("Services"). B. CONSULTANT has represented that it has the necessary professional expertise, qualifications, and capability, and all required licenses and/or certifications to provide the Services. C. CITY in reliance on these representations desires to ~ngage CONSULTANT to provide the Services as more fully described in Exhibit "A", attached to and made a part of this Agreement. NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, this Agreement, the parties agree: AGREEMENT ,SECTION L SCOPE OF SERVICES. CONSULTANT shall perfon11 the Services described in Exhibit "A" in accordance with the terms and conditions contained in this Agreenlent. The performance of all Services shall be to the reasonable satisfaction of CITY. SECTION 2. TERlV1. The term of this Agreement shall be from the date of its full execution through completion of the services in accordance with the Schedule of Performance attached as Exhibit "B" unless terminated earlier pursuant to Section 19 of this Agreement. SECTION 3. SCHEDULE OF PERFORMANCE. Time is of the essence in the performance of Services under this Agreenlent. CONSULTANT shall complete the Services within the term of this Agreement and in accordance with the schedule set forth in Exhibit "B", attached to and made a part of this Agreement. Any Services for which times for performance are not specified in this Agreement shall be commenced and completed by CONSULT ANT in a reasonably 090319 Professional Services 1 Revised 1 0118/07 prompt and timely manner based upon the circumstances and direction communicated to the CONSUL TA;';T. CITY~ s agreement to extend the tenn or the sche~.ule for perfor::1ance shall not 'creclude reCOVe:-V of damag:es for deb"'! if the excension is required due to the fault of . ..:. J _ J _ CO]\-StTL TA);T. SECTIO~ 4. NOT TO EXCEED CO~'v'IPENSATIO~. The compensation to be paid to CONSULTA~T for performance of the Services described in Exhibit '~A'~, including both payment for professional sen'ices and reimbursable expenses, shall not exceed one hundred ninety thousand two hundred Dollars ($190,200.00). In the event Additional Services are authorized, the total compensation for these additional services and reimbursable expenses shall not exceed tvventy four thousand six hundred Dollars ($24,600.00). The applicable rates and schedule of payment are set out in Exhibit "C", entitled '~COMPENSATION," which is attached to and made apart of this Agreement. Additional Services, if any, shall be authorized in accordance with and subject to the provisions of Exhibit "C". CONSULTANT shall not receive any compensation for Additional Services performed without the prior written authorization of CITY. Additional Services shall mean any work that is determined by CITY to be necessary for the proper completion of the Proj ect, but which is not included within the Scope of Services described in Exhibit "A". SECTION 5. INVOICES. In order to request payment, CONSULTANT shall submit monthly invoices to the CITY describing the services performed and the applicable charges (including an identification of personnel who performed the services, hours worked, hourly rates, and reimbursable expenses), based upon the CONSULTANT's billing rates (set forth in Exhibit "C"). If applicable, the invoice shall also describe the percentage of completion of each task. The information in CONSULTANT's payment requests shall be subject to verification by CITY. CONSULTANT shall send all invoices to the City's project Inanager at the address specified in Section 13 belovv. The City will generally process and pay invoices within thirty (30) days of receipt. SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All of the Services shall be performed by CONSULTANT or under CONSULTANT's supervision. CONSULTANT represents that it possesses the professional and technical personnel necessary to perfonn the Services required by this Agreement and that the personnel have sufficient skill and experience to perfornl the Services assigned to thelYl. CONSUL'rANT represents that it, its enlployees and subconsultants, if pennitted, have and shall maintain during the tenn of this Agreeillent all licenses, permits, qualifications, insurance and approvals of whatever nature that are legally required to perform the Services. All of the services to be furnished by CONSULTANT under this agreement shall meet the professional standard and quality that prevail among professionals in the same discipline and of similar knowledge and skill engaged in related work throughout California under the same or similar circumstances. SECTION 7. COMPLIANCE WITH LAWS. CONSULTANT shall keep itself infonned of and in compliance with all federal, state and local laws, ordinances, regulations, and orders that may affect in any manner the Project or the performance of the Services or those engaged to 090319 Professional Services 2 Revised 10118/07 perfonn Sen/ices under this Agreement. COl"ISUL T_L.\.~i"T shall procure all permits and licenses~ 'oav all charges llild-::'ees. and give all notices reaui.:.-ed bv la'w in the cerfcrmancc cfthe Services. 1.. ., _ J "-" _.. ..L SECTIQ~ 8. ERT<OR'3/0~"I1SS10S~. CC~" ,'SUL T P,.:-:T::".-;.::lll ccrn:c-:. 2.t no cost:o CIT~~-, an:.- and all e.:-rors. omiss:'.)rls: 0:' aI:l0iguitie5 in the \vork P'-:)(:lL ~ submitted TO C1T'( provided CTTY- gives notice t: CO~< 3LiL T.~:>:T. If CC'~\SLJL T L'-\~T r .. :lS r~·::,;:·::..red plans ?nd sPeci~~cati(ns c·r odler design c.,)curnents to construct tri-:' Projed, CONS ~_~LT.!i\NT shall be obligated to COlTect any and all errors~ oIT1issions or ambiguities discovered prier to and during the course of construction of the Project. This obligation shall survive termination of the Agreement. SECTION 9. COST ESTI)IA.TES. If this Agreement pertains to the design of a public works project, CONSULTA~T shall submit estimates .of probable construction costs at each phase of design submittal. If the total estimated construction cost at any submittal exceeds ten percent (10%) of the CITY's stated construction budget, CONSULTANT shall make recommendations to the CITY for aligning the PROJECT design with the budget, incorporate CITY approved recommendations, and revise the design to meet the Project budget, at no additional cost to CITY. SECTION 10. INDEPENDENT CONTRACTOR. It is understood and agreed that in performing the Services under this Agreement CONSULTANT, and any person employed by or contracted with CONSULTANT to furnish labor and/or materials under this Agreement, shall act as and be an independent contractor and not an agent or employee of the CITY. SECTION 11. ASSIGN~''lENT. The parties agree that the expertise and experience of CONSULTANT are material considerations for this Agreement. CONSULTANT shall not assign or transfer any interest in this Agreement nor the performance of any of CONSULTANT's obligations hereunder without the prior vvritten consent of the city nlanager. Consent to one assignment will not be deemed to be consent to any subsequent assignment. Any assignment made without the approval of the city manager will be void. SECTION 12. SUBCONTRACTING. Notwithstanding Section 11 above, CITY agrees that subconsultants may be used to complete the Services. The sub consultants authorized by CITY to perform 'work on this Project are: David J. Powers & Associates Callander Associates Fehr & Peers Parikh Consultants Geocon Consultants CONSULTANT shall be responsible for directing the work of any sub consultants and for any cOlnpensation due to subconsultants. CITY aSSUlnes no responsibility whatsoever concerning compensation. CONSULTANT shall be fully responsible to CITY for all acts and omissions of a subconsultant. CONSULTANT shall change or add subconsultants only with the prior approval of the city manager or h~s designee. Professional Services 3 Rev ised 10/18/07 090319 SECTION 13. PROJECT lVIA~A.GEYlE~T. CONSULTA~T will assIgn Jimmy \V. Sims, PE, as the principal in charge: and Brad Leveen, PE~ as the project :m.ar:ager to ha~/e sll"!]ervisoT'v respor..sibilipi for the r;erforrnan..:e. Dro~ress. and execution o~~ the Seriices a:c.d to ......, .. r ''';' _ or represent COl\SUL T,:!l .. ~T during the day-ta-day \vork on the Projec:. If circnmst2.:1ces Cal.:se the substitution of the project director, project c()ordi;"ator, or any ether key personnel for any reason, the appointmenT of a substitute proj ect director and the assigr.:.Inent of an:i key ne\-v or replacement personnel vvill be subject to the prior V\rTitten approval of the CIT"~{~s project manager. CONSUL TA .. NT, at CITY~ s request, shall promptly remove personnel "",ho CITY finds do not perform the Services in an acceptable manner, are uncooperative, or present a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property. The City'S project manager is Shahla Yazdy, Planning and Community Environment Department, Transportation Division, 250mHamilton Avenue, Palo Alto, CA 94303, Telephone: 650-617-3151. The project manager will be CONSULTANT's point of contact with respect to performance, progress and execution of the Services. The CITY may designate an alternate project manager from time to time. SECTION 14. OWNERSHIP OF MATERIALS. Upon delivery, all work product, including without limitation, all writings, drawings, plans, reports, specifications, calculations, documents, other materials and copyright interests developed under this Agreement shall be and remain the exclusive property of CITY without restriction or limitation upon their use. CONSULTANT agrees that all copyrights which arise from creation of the work pursuant to this Agreement shall be vested in CITY, and CONSULTANT waives and relinquishes all claims to copyright or other intellectual propelty rights in favor of the CITY. Neither CONSULTANT nor its contractors, if any, shall make any of such materials available to any individual or organization without the prior vvritten approval of the City Manager or designee. CONSU"LTAf:'1T Inakes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the scope of work. SECTION 15. AUDITS. CONSULTANT will pelmit CITY to audit, at any reasonable time during the term of this Agreement and for three (3) years thereafter, CONSULTANT's records pertaining to matters covered by this Agreement. CONSULTANT further agrees to maintain and retain such records for at least three (3) years after the expiration or earlier termination of this Agreel11ent. SECTION 16. INDEMNITY. 16.1. To the fullest extent permitted by lavv, CONSULTANT shall protect, indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents (each an "Indemnified Party") from and against any and all demands, claims, or liability of any nature, including death or injury to any person, property damage or any other loss, including all costs and expenses of whatever nature including attorneys fees, experts fees, court costs and disburselnents ("ClaiIns") that arise out of and to the extent actually caused by the negligence, recklessness, or willful Inisconduct of the CONSULTANT, its officers, employees, agents or contractors under this Agreement, regardless of whether or not it is caused in part by an Indemnified Party. 090319 Professional Services 4 Rev ised 10118/07 16.2. l'-~.:.::t"'Nithstandi:1.g the above. nothing in this Sec-::ion 16 shall be construed . C 0"" ~ -Ur .... T ...... -T ., . , I' . +-• p .C ,..., 1 . ".c: 1.-. to re'-lu1re -'-~::, ; L .. -":_~"\i to Ind.emnlt~.-an Dc:1err..:c.Lled. I arty He in L LalmS ar:SlIlg lrOr::l tI.:.e active neglige:-~ce, sok :c-gligence or 'vvil~rd misco::d'~ct of 2.2 Inder::r:.i±1e:i P:lrty. SECTION 17. \VAJVERS. The vvaiver by either party of any breach or violation of any covenant, term, condition or provision of this A.greement, or of the provisions of any ordinance or lavv, will not be deemed to be a waiver of any other term, covenant, condition, provisions, ordinance or law, or of any subsequent breach or violation of the same or of any· other term, covenant, condition, provision, ordinance or law. SECTION 18. INSURANCE. 18.1. CONSULTANT, at its sole cost and expense, shall obtain and maintain, in full force and effect during the term of this Agreement, the insurance coverage described in Exhibit liD", CONSULT ANT and its contractors, if any, shall obtain a policy endorsement naming CITY as an additional insured under any general liability or automobile policy or policies. 18.2. All insurance coverage required hereunder shall be provided through carriers with AM Best's Key Rating Guide ratings of A-:VII or higher which are licensed or authorized to transact insurance business in the State of California. Any and all contractors of CONSULTANT retained to perform Services under this Agreement will obtain and maintain, in full force and effect during the tenn of this Agreenlcnt, identical insurance coverage, nanling CITY as an additional insured under such policies as required above. 18.3, Certificates evidencing such insurance shall be filed with CITY concurrently with the execution of this Agreelnent. The certificates will be subj ect to the approval of CITY's Risk Manager and will contain an endorsement stating that the insurance is primary coverage and will not be canceled, or materially reduced in coverage or limits, by the insurer except after filing with the Purchasing Manager thirty (30) days' prior written notice of the cancellation or 111odificatiol1) CONS1JLTANT shan be responsible for ensuring that current certificates evidencing the insurance are provided to CITY's Purchasing Manager during the entire term of this Agreelnent. 18.4. The procuring of such required policy or policies of insurance will not be construed to limit CONSULTANT's liability hereunder nor to fulfill the indemnification provisions of this Agreement. Notwithstanding the policy or policies of insurance, CONSULTANT will be obligated for the full and total amount of any damage, injury, or loss caused by or directly arising as a result of the Services performed under this Agreement, including such darnage, injury, or loss arising after the Agreen1ent is terminated or the tenn has expired. SECTION 19. TERiVIINATION OR SUSPENSION OF AGREEl\lENT OR SERVICES. 090319 Professional Services 5 Revised 10118/07 19.1. The city manager may suspend the performance of the Services~ in whole or in part, or terminate this Agreeme::'L \ivi[n. or 'without cause~ by giving ten (10) days prior 'iv:;:itten not:ce Lhereof to CONSUL T~~~T. T';pon receipt of such notice~ CO:\'"SUL TA .. :~\T \-vill , ..... " d;at~l\; C.'l·~co~'+~n~~~ i~·"" Der+ .... ~~r\ ... """",::. of't·~c. .~..:l...-{"1""\~(" ... l':'J.ce 1. ~,-... / ~ l_Lu '-~'-.I.e.).L .... UJ.J.J..iC.L'--,-~"" .... ~'-1 v.l,;",j. 19.2. CO~SULTA~T may termi:c.ate this .A.greernent or suspend ItS performance of the Services by giving thirty (30) days prior wTitten notice thereof to CIT''':{, Ot:t only in the event of a substantial failure of perfonnance by CITY. 19.3. Upon such suspension or termination, CONSULTANT shall deliver to the City Manager immediately any and all copies of studies, sketches, dra'wings, computations, and other data, vvhether or not completed, prepared by CONSULTANT or its contractors, if any, or given to CONSULTANT or its contractors, if any, in connection with this Agreement. Such materials will become the property of CITY. 19.4. Upon such suspension or termination by CITY, CONSULTANT will be paid for the Services rendered or materials delivered to CITY in accordance with the scope of services on or before the effective date (i.e., 10 days after giving notice) of suspension or termination; provided, however, if this Agreement is suspended or terminated on account of a default by CONSULTANT, CITY vv-ill be 'Obligated to compensate CONSULTANT 'Only fer that pertion of CONSULTANT's services which are of direct and immediate benefit to CITY as such determination may be made by the City Manager acting in the reasonable exercise of hislher discretion 19.5. No payment, partial payment, acceptance, or partial acceptance by CITY will operate as a waiver on the part of CITY of any of its rights under this Agreement. SECTION 20. NOTICES. All notices hereunder will be given in writing and mailed, postage prepaid, by certified nlail, addressed as follows: To CITY: Office of the City Clerk City of Palo Alto Post Office Box 10250 Palo Alto, CA 94303 With a copy to the Purchasing Manager To CONSULTANT: Attention of the project director at the address of CONSULTANT recited above SECTION 21. CONFLICT OF INTEREST. 21.1. In accepting this Agreelnent, CONSULTANT covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree vvith the performance of the Services. 090319 Professional Services 6 Revised 10118/07 2 ~ .2, CONSTjL Ti\.~r-: :::~.lrther CO\ienants that, in the pertorrr:ance of~ this A.gree:nerlt~ it "vi~l n'Jt employ sUbcor.sLh:ar..t5~ contraCtors or persor .. s having sl~ch an interest. CO:t'~-SCL T.!:\~i"i:"· ce~i£i~~5 thaT no pcr5'2~ vvho has or ~"I-~~~ hr~'\"'e an~' ~~nar:cial in~~r::s: ur ... der this .~g:-eerr:.eIl.t is a~ ~').f~~ce .. ~ or esplo;/ee ~=.:~ CIT-'~l-; t~lis ~:::(-:~\r:sicn \"'\;il~ t·~ ir.tCI""f're~e'~~ in 2CC~Jrctallce \vi:h the applic2.Jle provisions of the Pa~o Alto :.'vIunic.~pal Code and the Governrn.ent Code of the StaLe of Califomi::.. 21.3. If the Project Nfanager dete~inc;s that CONS1.JLTANT is a "ConsultanC as that term is defined by the Regulations of the Fair Political Practices Commission, COKSUL T"t.\NT shall be required and agrees to file the appropriate financial disclosure documents required by the Palo Alto Nlunicipal Code and the Political Reform Act. SECTION 22. NONDISCRIlVIINA.TION. As set forth in Palo Alto Municipal Code section 2.30.510, CONSULTANT certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person because of the race, skin color, gender, age, religion, disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status, weight or height of such person. CONSULTANT acknowledges that it has read and understands the provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section 2.30.510 pertaining to nondiscrimination in employment. SECTION 23. lVIISCELLANEOUS PROVISIONS. 23.1. This Agreement will be governed by the laws of the State of California. 23.2. In the event that an action is brought, the parties agree that trial of such action will be vested exclusively in the state courts of California in the County of Santa Clara, State of California. 23.3. The prevailing party in any action brought to enforce the provisions of this Agreenlent may recover its reasonable costs and attoDleys' fees expended in cOlmection \\lith that action. The prevailing party shall be entitled to recover an amount equal to the fair market value of legal services provided by attorneys employed by it as well as any attorneys' fees paid to third parties. 23.4. This dOCU111ent represents the entire and integrated agreernent between the parties and supersedes all prior negotiations, representations, and contracts) either written or oral. This document may be amended only by a written instrument, which is signed by the parties. 23.5. The covenants, terms, conditions and provisions of this Agreement 'will apply to, and will bind, the heirs, successors, executors, administrators, assignees, and consultants of the parties. 23.6. If a court of competent jurisdiction finds or rules that any provision of this Agreelnent or any arnendlnent thereto is void or unenforceable, the unaffected provisions of this Agreement and any amendments thereto will remain in full force and effect. 23.7. All exhibits referred to in this Agreement and any addenda, appendices, attachments, and schedules to this Agreement which, from time to time, may be referred to in 090319 Professional Services 7 Revised 10/18/07 any duly executed amendment hereto are by such reference incorporated in this ,A"greement and will be deeILed to be a part of this Agreement. 23.8. This A .. greement is subje·:t to the fiscal rro'-y'isions of the Chaner of the City of Palo A..lto and the Palo LA..ltO rviunicipal Code. This A,.greement \vill terminate \vithout any , (\ ' d f .c:! '. , ,.' --l . d' h penalty a/ at tne en 0 any llscal year In t.i.1e event tnm :tunus are not appropnate tor tHe follo\ving fiscal year, or (b) at any time \vithin a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Agreement are no longer available. This Section 23.8 shall take precedence in the event of a conflict vvith any other covenant, term, condition, or provision of this Agreement. 23.9. The individuals. executing this Agreement represent and vvan-ant that they have the legal capacity and authority to do so on behalf of their respective legal entities. Professional Services 8 Revised 10/18/07 090319 D\r ~HITNESS \A/HEREOF, the parties1ereto have by their duly authorized :-~pre3entatives executed this Agreement on t:1e da:e first <,,:.Jove "\'vritten. CIT):~ OF :P:\LO !-\LTO City Ivlanager APPROVED AS TO FOR.7yf: Senior Asst. City Attorney APPROVED: Director of Administrative Services Attachments: ?vlAP,K THO:rlA.S & COYIP.A~Y. I~C. BY:'~ . Name: E;c;h4V-c\ '\< _ \b..'0D-" c, Title: . ~~s .~6....e",,-\- EXHIBIT "A": EXHIBIT "B": EXH:IBIT "C": SCOPE OF SERVICES SCHEDULE OF PERFORMANCE COMPENSATION EXHIBIT "D": 090319 INSURANCE REQUIREMENTS Professional Services 9 Revised 1 0118/07 EXHIBIT A. SCOPE OF SER\-ICES The follo""·ing tasks outline our proposed, detailed scope of sen-ices for the project organized approximately as .outlined in the RFP. TA.SK A -PRELI:\iIINA.RY DESIGN A.I lVlanagement & Administration Our project manager would supervise, coordinate and monitor conformance to the City and Caltrans standards and policies, establish a Project Contacts listing, prepare monthly invoices and progress reports, and maintain project files. The following quality control procedures will be implemented to ensure the development of a quality product for the city: Deliverables: Define key team members and their respective roles and responsibilities for the project; Identify, categorize, and incorporate correspondence, memorandums, and reports prepared for the project within a distinct filing system that enables quick recovery upon demand by the City and/or team members; Perform internal plan and design QC reviews by the project manager and team leaders to ensure that conflicts and miscommunications do not occur; and Perform quality assurance reviews by senior management who are not involved with the developm.ent of the project documents at 60% and 100% milestones before submittal to the City. c Project Contacts List • Monthly invoices with progress report A.2 Design Schedule A Microsoft Project CPM schedule will be prepared for the project vFithin fourteen (14) days of receiving Notice to Proteed froID the City. The schedule \viII include the primary project tasks, major project nlilestones, agency revie'w periods, and critical tasks that are being performed by others which may ultimately affect the completion of the project within prescribed completion dates. The schedule will be revised up to two (2) times as requested by the City. Deliverables: • CPM Schedule with up to two (2) updates A.3 Pennit Engineering Evaluation Report (PEER) Since it is anticipated that the work in the State Right of Way will be less that $1 million, a CaItrans' Permit Evaluation Engineering Report (PEER) -will likely be required as part of the encroachment permit process. The PEER process is a 0903[9 Professional Services 10 Revised 10/18/07 simpler and more str€:1mlined process for Caltrans revie'<;~-. l.\ PEER is prepared to document the engineering an~lysj::; 01' proposed "\-vork. The analysI:; includes reVit1Y of the proposed i1"llprOvements to deternline drainage, maintenance~ operation and environmental imp:1ct on the state highway s:Y3tem. Deliverables: • Completed Permit Engineering Evaluation Report (PEER) (# of copies as needed for City and Caltrans revie)v) A.4 Caltrans Design Exception Fact Sheets During the initial design phase MTCo will meet with Caltrans to review proposed design exceptions and determine their receptivity for concurrence. Design exceptions that will be difficult to gain Caltrans approval will not be pursued if they will delay the project as determined by the City. Conceptual designs will be evaluated for constructability, safety, and success in meeting project goals. lVITCo "viII prepare Caltrans design exception fact sheets for necessary project Advisory and Mandatory non-standard Caltrans design features. Deliverables: • Draft and Final Design Exception Fact Sheets A.S Caltrans Coordination & Encroachment Permit Processing MTCo will prepare and submit the Encroachment Permit Application to Caltrans for the project as soon as the 1000/0 PS&E is completed. We ,viII attempt to submit a draft version earlier in the project life cycle if possible but Caltrans will likely want plans to be complete before they begin reviewing the application. 1VITCo will work closely with Caltrans Encroachment Permits group under Rudy Dantes to ensure quick review, comment turnaround, and processing of the permit application. Deliverables: • Caltrans Encroachment Permit Application A.6 Topographic & Right of'\tVay Survey and Base Mapping Under this task, MTCo ,viII obtain street as-built plans and additional Right of vVay record infonnatiol1 fron1 Caltrans and Cit)' sources. MTCo will perforln field surveys to obtain cross section infonnation at 50-foot intervals along; EI Canlino Real between Leland Avenue and Oxford Avenue with additional topographic survey of the EI Camino/Stanford Avenue intersection area. Special attention will be given to the median area as well as the location of surface visible utilities and significant trees along the corridor. The topographic survey will include the location of the sidewalk curb lines, driveways and grade breaks on each side of EI Camino between Leland and Oxford Avenues. Dipping of manholes and drainage inlets will be done to ensure proper drainage in particular at the EI Camino/Stanford Avenue intersection area where drainage facilities might be affected by project work. 090319 Professional Services 11 Revised 10118/07 The survey control for this project will be based on the California State Plane Coordinate System, N.A .. D 83. The vertical control will be based on NG'lD 88, or as directed by the City. cpon completion of the topographical survey, lVITCo will deyelop the base map in AutoCAD. Lot lines and street.Right of \Vays )yill be established from record information. The base map ,.vill extend along E1 Camino Real from approximately the Oxford Avenue intersection in the south to the Leland Avenue intersection in the north, and along Stanford Avenue for approximately 100 feet in each direction from EI Camino Real. Deliv erab les: • Field survey points file • I" = 20' scale topographical base mapping with existing utilities • Right of Way Map based on surveyed and right of way record information A.7 Environmental Approval Documents This scope of work assumes that federal monies ,viII be utilized and, therefore, compliance with both NEP A and CEQA will be required. Field Review and CaItrans' Preliminary Environmental Studies Form David J. Powers & Associates (DJP &A) will fill out the required Caltrans Preliminary Environmental Studies (PES) form and checklist. DJP&A will also attend the field review with Caltrans and the City of Palo Alto. NEP AlCEQA Compliance Due to the nature of the proposed improvements, the project should be eligible for a Categorical Exclusion a.nd Categorical Exempti.on under NEP A. and CEQA, respectively. DJP&A will prepare the appropriate forms on behalf of the City of Palo Alto and Caltrans. fN ote: Although FHW A is the Lead Agency under NEP A, NEP A-authority has been delegated to CaItrans.l This task includes attendance at up to three team nleetings with Caltrans and/or Palo Alto staff. Section 106 Compliance This scope of work is intended to address the requirements for Section 106 compliance. Although Caltrans staff has not yet issued a melno outlining the specific Section 106 requirelnents for this project (such luemo is issued after the formal field review), this scope is based on Caltrans~ requirements for sitllilar streetscape projects in San Jose, Sunnyvale, and Milpitas. The work will be undertaken by Holman & Associates, a sub-consultant to DJP &A. 090319 An archaeological Area of Potential Effects (APE) map will be prepared on an aerial at a scale of 1 inch equals 200 feet. A records search will be conducted at the Northwest Information Center of the California Historical Resources Information System (NWIC) of all cultural resources and studies within one-half mile of the project area and any additional resources or investigations that might be applicable. This 'will include an archival research and review of their maps and literature on file. Professional Services 12 Revised 10118/07 090319 Native .A .. merican consultation \yill be conducted beginning wi:h the Native Amerkan Heritage Commission ~'-:\_AHC) and, if possible, continuing ,vith anyone on a contact list tDey provide. Also tvvo local historical groups ,,,,Hl :.1.150 be con:s.~~ted. To init~~lte this potential long process, letters to the >~AHC and historical groups 'will be submitted as soon as the contracT has been 3igned. An archaeological snxvey 'will b~.~ conducted of the entire project area. Inventory methods 'will be determined in the field, depending on the findings of the NvVIC review, ground surfac·e visibility, and other factors that have a bearing on archaeological sensitivity. During the survey, the areas within or adjacent to the archaeological APE will be marked for Underground Services Alert. Based on Caltrans research that buried archaeological sites are frequently found in this general area, hand au gering will be conducted either within or adjacent to proposed impacts to determine if any buried archaeological deposits can be identified within the APE. This assumes that native soils are available either within or adjacent to the APE. An Archaeological Survey Report (ASR) will be prepared based on Caltrans guidelines and consultation with their Professionally Qualified Staff (PQS). The ASR will include a summary of the records search results, Native American consultation, the field survey, and the auger results as well as applicable maps. This report will be submitted to Caltrans' PQS for review. This scope aSSUlnes there will be only one round of Caltrans review. A Historic Properties Survey Report (HPSR.) 'will be prepared that incorporates final drafts of the APE map and the ASR. Once drafts of both of these are completed, this report will be submitted to Caltrans' PQS for review. This scope assumes there will be only one round of CaItrans revic'w. This scope assumes that no significant cultural resources will be located within the Project APE. Archeology DJP &A 'will determine vdth Caltrans what archeological reporting and. nlonitoring requireillents might be needed during construction. If needed, these requireluents ,,,ill be included in the project specifications. If monitoring is required we would be able to recommend an archeological consultant for this purpose which the City could hire under separate contract as indicated in the RFP. Deliverables: • Draft and Final CEQ ... .vNEP A clearance documents (# of copies as needed for City and Caltrans review) A.8 Soils Investigations (Optional Services not included in Base Fee Proposal) Geotechnical Study (optional service, only if required) Professional Services 13 Revised 10118/07 The propos.ed project may include pavement reconstruction and foundation 'work at the intersection of Et Camino Real and Stanford Ayenu~ 'which would require geotechnical investigation and recommendations. The pavelnent work 'will conform to Caltrans standards. It is assumed that Caltrans and the City will providB street traffic TI information fDr pavement design if needed for either El Camino Real or Stanford Avenue. Parikh Consultants ,"viII provide the follo1ving geotechnical investigation services under this task: Deliverables: Collect readily available' geotechnical and geologic data along the proposed improvements prior to starting any field exploration work. Utility information will be checked and coordination will be required to avoid conflicts in the field. We will notify Underground Service Alert (USA) for clearing the proposed boring locations. We understand that a Caltrans encroachment permit will be provided to us. Field exploration program win generally include three borings to about 5' depth for the roadway work. Traffic control is expected. The borings will be drilled using licensed drilling contractor under the supervision of our field personnel. Conventional truck mounted auger rig is anticipated. Field work will include collecting required samples (undisturbed and bulk) and classifying material in the field using Unified Soil Classification System. Select representative samples for laboratory testing based on the visual evaluation of the obtained samples. These should include moisture/density, R-value test, grain size distribution, plasticity index, as deemed. appropriate. Engineering analyses will include geotechnical recommendations for pavement design. • A geotechnical report summarizing our field exploration, materials encountered, laboratory test results, engineering analyses and geotechnical recommendations. The soil boring logs will be prepared in Caltrans format. Hazardous Material Study (optional service, only if required) lfazal'dous nlaterial testing of the soil as needed is also a requirclnent under this proposal. Geocon ,,,ill provide the follo'wing services under this task on an as- needed basis: 090319 Prepare work plan for Client and Caltrans approval. (Does not include permitting -Geocon will work under Encroachment Permit issued to Client.) Perform site visit and mark proposed boring locations for Underground Service Alert (USA) clearance. Notify USA of proposed sampling activities and obtain USA notification number. Advance up to 16 hand auger borings to approximately 2 ft bgs. Collect one soil sample per boring beneath existing pavement. Professional Services 14 Revised 10/18/07 Deliverables: Conduct lahDratory analysi:3 of the samples. (16 soil samples for tota1 C--\.~n7l\-I::::t:lls, 16 soil san:q:les for TPIId. rDO, 16 soil sanlplt:s for TPHg;BT.LX?YITBE, .:i soil s3Inples for pH) • Hazard!.) us :\'Iaterial Site In'restigation Report A.9 Utility Research, Coordination & Relocation Under this task, base mapping will be developed using information collected from the City and the utility companies. Based on revie"w of the existing utility information provided by the City during the proposal period, it is assumed that no major public utility relocations will be needed. MTCo lvillprovide the following services under this task: Deliv erab les: Request and obtain utility system mapping from local utility companies and the City. Compile mapping on base plans, using system mapping, as-built information, and visible as well as surveyed locations of surface utility facilities. Coordinate with Utility Companies -Draft utility maps would be sent back to the local utility companies and the City for review.MTCo staff would follow up with the companies to confirm actual location of existing utilities. Identify Utility Conflicts -The confirmed utility mapping would be cross referenced with the preliminary design elements to identify potential conflicts between existing and proposed facilities. • Utility plans submitted to utility companies for review A.10 Conceptual Plan & Design Development Booklet MTCo and Callander Associates will meet with City staff to discuss critical design issues and constraints. Preliminary cost estimates will be developed and updated in parallel with the conceptual design process so that the City can evaluate the need to add funding fronl other resources or nlodify the design of the project if necessary. Based upon :review of the EI Camino Rcall\1aster Scheluatic Design Plan a conceptual Design Development Booklet and Conceptual Design Plan will be developed to confirm final design direction. This Design Development Booklet and Conceptual Design Plan will contain catalogue cuts and information on crosswalk paving alternatives, site amenities, benches, trash receptacles, lighting, plant palette and other infrastructure amenities that will provide a well-coordinated streets cape look and feel. The booklet will include design level details for a signage program. After receiving comments, a final Design Development Booklet and Concept Plan will be developed, which will be submitted for City approval. Deliverables: • Design Development Booklet and Concept Plan 090319 Professional Services 15 Revised 10118/07 .. e\.11 301)0 Plans Preliminary en2:ineering design plan:.:; 'will be prepared to the 30% complete stage based on response to Ciry and Caltrans comments on the conceptual plans and the design development booklet. These plans 'will be submitted to Caltrans if required and "yill be the basis for the Caltrans design exceptions requested. It is anticipated a 30% plan set would include the following plans: Draft Title Sheet Draft Typical Cross Sections Draft Layout Plans (including proposed drainage improvements, proposed utility relocations~ and critical landscape or architectural features only as needed to evaluate design exception requests) Draft Striping Plans Draft Traffic Signal & Lighting Plans Deliverables: • Five (5) half-size sets ofthe30% Plans (11"x17") • Ten (10) full-size sets of the 300/0 Plans A.12 600/0 Plans & Specifications The 60% design plans and specifications will be developed from the 300/0 design plans and will include integration of City and Caltrans comments on the 30% plans. The intent of this 600/0 submittal is to allow for any fmal comments prior to the investment of significant effort in completing the final design details and Construction Documents. Technical specifications will be developed in CSI format. Under this task, the major engineering design efforts such as storm drain design, public utility relocation design, infrastructure design, signal and lighting electrical design, landscaping irrigation design, etc. will be undertaken. Based on review of the existing utility information provided by the City during the proposal period, it is assumed that no major public utility relocations will be needed. It is assulned that the public utility relocation design effort mentioned above will consist of minor items such as adjusting manhole covers to grade. The plans prepared under this task are expected to include the following: Deliverables: Title sheet 'fypical Cross Sections Layout Plans Grading Plans Drainage and Utility Plans Construction Details Signing and Striping Plans Stage Construction and Traffic Handling Plans Landscape and Irrigation Plans Signal, Lighting and Electrical Plans • Five (5) half-size sets of the 60% Plans (11 "x17") • Five (5) full-size sets of the 60% Plans 090319 Professional Services 16 Revised 1 0118/07 .. Ten (10) copies of the Sp~";i~ial Condition:;; and Technical Specificarions • Ten (10) copies of the updated Con:3tru(tlon Cost Estimate A.13 90% Plans & Specifications \Vork performed under this task ·vY'ill rel1ne the 60°/;) pl:.lns ;~\.nd specifications a:~ld generate 90~~ design level Plans, Specifications and Estirr.iate, and ·will commence after the completion of the 60~,~ design and receipt of City and Caltrans comments. The following )vork elements "viII be performed: The 90% Plans will incorporate comments from the 60% submittal revie·w. Additional required detail and design information will be added.· At this point, the draft boilerplate (provided by the City) will be added to the 60% Technical Specifications and the complete Specifications will be fully edited to the specific project requirements. The 60% preliminary cost estimate will be updated based on the 900/0 plans and specifications. Deliverables: • Five (5) half-size sets of the 900/0 Plans (11 "xI7") • Ten (10) full-size sets of the 900/0 Plans • Ten (10) copies of the Special Conditions and Technical Specifications • Ten (10) copies of an updated Construction Cost Estimate A.14 Cost Reduction Design Alternatives Under this task, portions of the work may be eliminated from the plans and specifications if it is determined that insufficient construction funding is available. For budgeti.ng purposes, it is assumed that only one round of plan scope reductions would be required. Also available is the option to pursue additional funding as discussed elsewhere in this proposal. The scope of work to assist the City with seeking additional funding sources is not included in our current fee proposal but is available as an extra work item. TASK B -CONSTRUCTION DOCUMENTS AND BIDDING B.l 100% PS&E \'York perfornled under this task ""ill refine the 90% plans and specifications, respond to City and Caltrans conlnlents, a:nd generate 100% cOlnpletc Plans, Specifications and Estimate. All final details and design items will be added during this task. Deliverables: • Five (5) half-size sets of the 100% Plans (11"x17") Ten (10) full-size sets of the 1000/0 Plans • Ten (10) copies of the 100% Specifications • Ten (10) copies of the 100% Construction Cost Estimate B.2 Final Construction Documents 090319 Professional Services 1 7 Revised 10118/07 vVork performed under this task ,vill incorporate comments from the 1 OO~/o PS&E al1d )vill include the completion and delivery of the final Plans, Specillc::rtions, and Engineer's Estimate ready for construction and final approval by Caltrans. Deliyerables: .. One (1) full-size reproducible (mylar) set of the Final Construction Plans (Signed) • One (1) set of the Final Specifications • One (1) copy of the Final Engineer's Estimate of Construction Cost • A digital copy of the final Specifications and Contract Documents in .PDF format and a digital copy of the drawings in CAD or .PDF format B.3 Bid Period Support Work performed under this task would include providing supplemental support to the City for bidding inquiries. The Bidding Support phase will include the following items: Assist City in developing a list of potential bidders; City will advertise for bids and monitor issuance of documents Prepare drafts of addenda or clarifications Assist in researching and responding to design, cost or construction sequencing-related questions TASK C -COST ESTIMATES C.l Cost Estimates Based on the information developed under Tasks A and B,MTCo will prepare construction cost estimates for each stage (conceptuaIl30%, 60%, 90%, 100% and Final) of the project. The estimate will be based upon current and historical unit prices that have been collected from recent construction bids and Caltralls' Cost Data Books. The cost estimates will be used as a tool to keep the project within the allocated construction budget. The deliverables for this task are identified along '"ith each phase subm.ittal as listed in Tasks A and B. TASKD-MEETINGS The MTCo team will prepare for and participate in the following project related meetings. D.l Meetings with City Staff Project Kickoff & Field Revie"Y lYleeting -MTCo will hold a project kickoff meeting combined with a field review of the site location. This meeting would be attended by lnembers of the design tealn and representatives of the City. The purpose of the meeting would be to "brainstorm" and formulate the conceptual designs possibilities and to ensure that a common understanding of the design challenges and design goals is reached. 090319 Professional Services 18 Revised 10118/07 Revie'w ::\icBtings "-yith City -The project team h:)s inc1u(~ed up to fouy (4) city- sch~d1lh. : ITteetin:;;.;.::; durin,g design. The p (oj ::ct team YI· ;)uld hold revi~ ':y n}r~2tings 1vith the City after Conceptual, 30'~o~ 60~"o and )/0i~iO submi-ctals to discuss and clarify Cit}-conlments. D.2 l'YIeetings with Caltrans The project team has included up to four (~) technical "V\rorkshops 'with Caltrans District 4 staff to resolve design issues. D.3 Public Information lVleetings General public outreach is important in gaining project support. Up to two (2) public lneetings should take place during the course of the project. The design team will prepare all presentation material and attendthepublicjnformationmeetings. Deliverables: . The first public meeting is assumed to take place early in the project during the conceptual design phase. This meeting would be a Stak~holders Working Group Meeting focused on the immediate stakeholders in the project site area and would be a more informal discussion with local business owners and other critical stakeholders. The secondpubIic meeting is assumed to take place after the completion of the engineering studies, technical studies, and 300/0 or 60% design effort to show the proposed project to the broader public community and obtain any final feedback prior to completing final design. • Presentation materials (presentation boards and sample materials) D.4 Architectural Review Board (ARB) Meetings The project team will meet with a city planner to revie'w the project and receive concurrence that the project meets all of the City's requirements. Upon receiving approval that the project has met the City's requirements, the project team will submit an ARB application package. The project team will also attend and prepare all presentation material for up to two (2) ARB Dlcetings. Deliverables: • ARB application package • One (1) full-size sets of 100% Plans • Seven (7) half-size sets of 100% Plans • Presentation Material (Presentation boards and sample materials) D.S Other lVleetings The project team will attend and prepare presentation materials for the following additional meetings listed below (number of Ineetings are shown in parenthesis) to obtain input, feedback, and/or approvals of the developing project design. 090319 City CouncillVleeting (1) Planning Commission lVleeting (1) Professional Services 19 Revised 10/18/07 Palo .Alto Bicycle Coalition :.vl€etings (1) Deliverables: • Presentation materials (presentation boards and sample materials) for each meeting as needed TASK E -'VORK PRODUCT Sl'BNIITTA.LS AND REL\IBURSA.BLES Based on the information developed under Tasks A, B, C and D, the wITCo team will prepare the necessary work product submittals required of each task as described in the deliverables. This task includes the production costs for each of those submittals along with other project related reimbursable costs. TASK F -CONSTRUCTION ADMINISTRATION SERVICES (not included in fee proposal) This task is not included in the current fee proposal but it is assumed that a fee for this work would be negotiated closer to the time of construction. Construction Support We could provide construction administration services and support during construction including any of the following items as requested by the City and negotiated for fee: Visit the site at intervals appropriate to the stage of construction to observe conformance with design intent. Attend weekly construction meetings and prepare weekly meeting minutes. Respond to requests for information (RFls) in a timely manner. Review construction submittals. Review contract change order (CCO) proposals for need and correctness. Review and inspect site work at completion of construction to determine if work is substantially complete and assist the City with developing a final "punch list" of items to be completed. Review contractor's list of items to be completed prior to final payment. I{ecord Dra,,,ings After cOlupletion of the construction phase and acceptance by the City, MTCo 'will provide one complete set of record drawings reflecting the as-built conditions in . digital format for archiving. It is assumed that all "as-built" changes will be provided by the City form their construction manager or R.E. in the form of "red- line" markups. The final As builts will have to be signed by the construction R.E. of record. It is assumed that digital plan files will not have to be converted from AutoCAD format to Microstation format for submittal to Caltrans. Deliverables: • A digital copy of the final As-Built plans in AutoCAD format, and accompanying Metadata file WORK NOT INCLUDED IN SCOPE OF SERVICES (not included in fee proposal) 090319 Professional Services 20 Revised 10118/07 The f'111o"v:ing items of'work are not induded in our SCOpe of services or Iee proposal as they are either not spe~i+ically callec for in th2 I(FP or th~ Cit? 11 .. 15 indi\~:1ted they 'NiB per~'orrr.i these services. These are all s.eTvkes that ""'e could :provide if needed later as extr:: work items. • C{)ns~ruction Support • ';As-built" Record Dra'wings Pursue additional funding • lVIajor utility relocation design • Convert design plans from AutoCAD to ~licrostation format The follo,ving items of work are included in our scope of services as "optional services" should they be needed, but they are not included in our base fee propQ.sal. If these services are in fact needed, the necessary fee would have to be funded from a contingency budget based on the proposed scope. • Geotechnical Study (see Section A.S above for scope description) • Hazardous Material Study (see Section A.8 above for scope description) 090319 Professional Services 21 Revised 10118/07 090319 EXHIBIT "B" SCHEDlTLE OF PERFOR'vlA~CE See attached Project Schedule. Professional Services 22 Revised 10/18/07 E~-(HrBIT ';'C" COYIPE~'S~-\ TIO>:- performed in accordance \\:ifc the te~-ms a~ld cCEditions of this Agreement, and as set forth in the budget schedule below. COllj:ensation shall be calculated based on the hourly rate schedule attached as exhibit C-1 up to the not to exceed budget amount for each task set forth below. The compensation to be paid to CONSULTANT under this Agreement for all services described in Exhibit "A" ("Basic Services") and reimbursable expenses shall not exceed $190,200. CONSULTA.NT agrees to conlplete all Basic Services, including reimbursable expenses, 'within this amount. In the event CITY authorizes any Additional Services, the maximum conlpensation for the Additional Services shall not exceed $24,600.00. Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of conlpensation set forth herein shall be at no cost to the CITY. REIlVIBURSABLE EXPENSES The adrninistrative, overhead, secretarial tinle or secretarial ovcrtirnc, "vord processing, photocopying, in-house printing, insurance and other ordinary business expenses are included within the scope of payment for services and are not reimbursable expenses. CITY shall reimburse CONSULTANT for the following reimbursable expenses at cost. Expenses for which CONSULTANT shall be reilnbursed are: Revised 10118/07 090319 .A .. Travel outside tbe San Fr3.:1cisco Bay are2.~ il~ciL~ding tr:lnspc[~ation ar:d rileals~ "vill be reirnbursed at actu21 cost s12bj eet to the City of P3.10 Alto's pOliC:i for reimburse~'11ent of travel and me21 expenses for City of Palo _,.;.lto employ·ees. B. Long distance telephone cellular phone~ facsimile transmission lli'ld postage charges are reimbursable at actual cost. All requests for payment of expenses shall be accompanied by appropriate backup infonnation. Any expense anticipated to be more than $250.00 shall be approved in advance by the CITY's project manager. ADDITIONAL SERVICES 090319 The CONSULTANT shall provide additional services only by advanced, written authorization from the CITY. The CONSULTANT, at the CITY's project manager's request, shall submit a detailed written proposal including a description of the scope of services, schedule, level of effort, and CONSULTANT's proposed maXimUlTI c0111pensation, including rein1bursable expense, for such services basecl on the rates set forth in Exhibit C-l. The additional services scope, schedule and n1aximuDl compensation s11a11 be negotiated and agreed to in writing by the CITY's Project Manager and CONSULTANT prior to con1rnenCerTIent of the services. Payment for additional services is subject to all requirements and restrictions in this Agreement Professional Services 24 Revised 10/18/07 C _.li _ .,ent#: 396 51;) ~~!-35c>3 i,r~:,f.J Da-v·;c! C .. E~:<:'Y: an EXHs8\ ;-MARKTi-lCi\i1A DA 7E (MM/OO(YY) 1.2109/08 THIS CER; ihC)",::; }S ,SSUt:D A.S . .\ ~L':" J .::~ OF lNFCR;vlA; lON ONLY A.ND .<iNFERS NO R1Ci-"-;-3 UPC',\j T;..,E CER-rlF:CATE hOLJEx. T"-1S CE;-=?-:':F'(~AT~:: C·::E3 ;'lC;' AM::!'!D. cXT2ND OR ,_-..:~LT;:::·~ T}-l~. ':-O'iE.?:;C:: __ .=-FfC3.~:~:: 3~~o.I~"E ?')L:C::::3 3ELOW. ----------.. -----------------------------.---------.. -------.----.-------------J _ r-~._:.:_. ~-~<~_-., ·::'?c~a~·~:y 1r:-:;;J~3·r.ce i:;C', CCYE :~.;\GES ,:3c(;' Zanker F.';::-3d San JOSe, CA 95112 r-----.. -! :r-:Si .... r:E.? .:: r;;:_. :;.~R:: I !~'JS:_~":'::R iJ: ~~;~C-~-E-:---- ' ___________ r ______________________________________ ~ TH~ P(:'UCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSUR:::=> N.A,MED .~80VE FeR THE ?CLlCY P'=?IOO it-;CICATED NOTWITHSTANDING M-JY REQUIREMENT, TERM OR CONDITION OF Al'.IY CONTRi~.CT OR OTHER DCCUI\1ENT VVliH RES?~CT TO W~ICH THIS CERTIF!CATE MAY BE ISSUED OR t<.1AY PERTAiN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POL:CIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED 8Y P.A.ID CLAIMS. It{~ ! TYPE OF INSURANCE I GENERAL LIABILITY ~-! corvl rvI ERCIAL GENERAL LIAS ILiTY I CLAIMS MADE D OCCUR f---f----' ~------ ~'L AGGREGATE LIMIT APPLIES PER: n POLICY n ~:8T n LOC B~I~i~~f~;~: ~ HIRED AUTOS POLICY NUMBER LIMITS EACH OCCURRENCE FIRE DAMAGE (Anyone fire) MED EXP (Anyone person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS . COMP/OP AGG 'I COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) $ $ $ $ $ S ___ ~ON.OWNEO AUTOS . bRAGE LIABILITY RANYAUTO ---.-------------r--------------0--.--.---------.--.---.---.--------- AUTO ONLY· E.l\ ACCIDENT I $ I , FXCESS LIABILITY D OCCUR D CLAIMS MADE R DEDUCTIBLE RETENTION $ worU<ERS COI'lIPENSATION AND E.t·,H'LOYEr~S' UI\81Ul'Y A OTHER Professional jLiability DPR9614183 07/01108 107/01/09 I OTHER THAN AUTO ONLY: EAACC $ AGG $ ~Acr~ OCC~RRE~c:.E ___ Ji ________ _ AGGREGATE $ ~~~0CCIO~~!:..._1. ______ ,_ ~:~~~s..~SE -~_[~~i::.9JEE 1 __________ _ E.L. DISEASE· POLICY LIMIT $ $'1,000,000 per Claim $1,000,000 Annl Aggr. DESCRIPTION OF OPERA TlONSfLOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS REF: ALL OPERATIONS OF THE NAMED INSURED. CERTIFICATE HOLDER l I ADOrnONALINSURED;INSURERLETTER: I City of Palo Alto Purchasing & Contract Administration P.O. Box 10250 Palo Alto, CA 94303 CANCELLATION SHOULD ANYOFTH E ABOVE 0 ESCRJBED POLICIES 3E CANCELLED BEFORE TH E EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TOMAIL3..0-DAYS WR1TIEN NOTICE TOTHE CERTIFICATE HOLDER NAMED TOTHE LEFT, BUT FAILURE TODOSOSHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENT ATIVES. AUTHORIZED REPRESENT A TIVE .If 9-... -\~ ~ T l'::~ __ . ACORD CERTI.FiCi\TE OF LL~B~L~TY IN·SURANCE DATE (MMlDDhY) 12/09/2008 ?PCDUCER HaH & Ram DO Insurance Brokers a Y. A, TitrJc .& Associates Company P.O. Box ]960 THIS CERTiFICATE IS ISSUED ,l-\S A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFiCATE HOLDER. THIS CERTiFICATE DOi:S NOT AMENC, EXTE:\lO OR f\L TER THE COVER?,GE .AFFORC=u BY THE PCLlCiES BELOW. Srw Jose, CA 95109 P~IGne No. 8G6-%6-8928 Fa~ No. ,108-271-1%2 l-INSURERS AFFORDING COVERAGE ! INSURER-A-' -T-ra-'-v' c-J-e-rs-f-n-d-e-m-C-o-.-o-f-C-T----------- I . l "c'..., l~JSUREP. 8: Fireman!s Fund Insurance Company rvlark Thomas & Co., Inc. Attn: Linh Giang INSURER c: 1960 Zanker Road San Jose, CA 95112 INSURER D: INSURER E: COVERAGES THIS POLICIES Of INSURANCEUSTED BELOW HAVE BEEN ISSUED TO THE INSURED N!\MED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OR ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRI8EDHEREIN IS SUBJECT TO filL THE TERMS, EXCLUSIONS AND CONOITlot~S OF SUCH POLICIES. AGGREGATE LI,l.iITES SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY ~IUM8ER POLICY EFFECTIVE . POLICY EXPIRATION LIMITS LTR DATE (MM/DDIYY) DATE (MMJOOIYY) GENERAL LIABILITY EACH OCCURENCE $ 1,000.000 ~ COMMERCIAL GENERAL lIA81L1TY (i803583M342 06130/08 06/30/09 DAMAGE TO RENTED $ 100,000 PREMISES (Ea occurrence o CLAIMS MADE r81 OCCUR MED EXP (Any ona person) $ 5.000 A [81 CONTRACTUAL LIABILITY PERSONAL & ADV INJURY $ 1,000,000 0 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PROOUCTS-COM~OPAGG $ 2,000,000 t29 POLICY 0 PRO·JECr [2J LOC AUTOMOBILE LlA81UTY COMBINED SINGLE LIMIT $ ) .000,000 ~ ANY AUTO nA3GI2M759 OCI30/08 OG/JOlO9 (Ea accidenlO [gJ ALL OWNEO AUTOS BODILY INJURY $ A o SCHEDULED AUTOS (Par person) @ HIRED AUTOS 800lL Y INJURY $ f81 NON·OWNED AUTOS (Per accident) 0 PROPERTY DAMAGE $ 0 (Per accident) GARAGE LlABILLITY AUTO ONLY -EA ACCIDE~rr .$ f-~ EXCESS/UMBREllA UABJLlTY EACH OCCURRENCE $ 4,000,000 ~ OCCUR o CLAIMS MADE SSEOOO9U339532 06/30/08 06/30/09 AGGREGATE $ 4,000,000 B o DEDUCTIBLE o RETENTION S WORKERS COMPENSATION AND UI we STATU· I UOTH-. EMPLOYERS'LlA81L1TY TOR)' LIMITS ER --AI~Y PROPRIETORIPARTNERlEXECUTNE EL EACH ACCIDENT $ OFFICERfMEMBER EXCLUDED? ELDISEASE -EA EMPLOYEE $ II Ye!'., describe under SPECIAL EL DISEASE -POLCY LIMIT $ PROVISIONS below A OTHER 8:\3012!\1759 06/30/08 06/30/09 Comprehensive .$ 1,000. Aulo Pllyiscnl Damage Collision $ 1,000. DESCRIPTION OF OPERAiIONS/LOC-A.TiONSNEHICLEStEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Rf.'· All California Operations The City or Palo AlIa, its council members, officers. ngcnls, :lIld elllploycc.~ arc n:lmeu as ;)ddilional insured. Additional Insureu Enuorsement CG D3 81 0906 nttnchcu, Tl((S INSURANCE IS P[Ul\iARY. ANY OTIIEH INSURM.,'CE A VAILADLE TO T1-iAT PERSON on OnCr\NIZ.-\ TION IS EXCESS AND NO(';·C00!TfUilUTOH Y. NOTE: 10 DA YS NOTICE Of. CANCELLATION WILL DE GIVEN FOR NONPA Yf\'IENT OF PRErdIU/\-l, --_.----CERTIFICATE HOLDEH CANCELlJ1.TION SHOULD ANY OF THE ABOVE DESCRISED POliCIES BE CANCELLED 8ErORE THE EXP:RA TiON DATE THEREOF, THE :SSUlt·JG COMPANY WILL ft.1Q1!Av.c~ t"tAll : I f I I _~ D/,YS .... VRITi'Efol NOTICE TO THE CEETlcICf..TE HOLDER NAMED TO THE I Purchasing and Contract Adrninstration LEFT.-B~AIL·tlR~MAIb-SIjGl4·N(#l:;5-t>w..l:l-lMPGSt;_N~~IGMiQi'~G~ City of Palo Alto l:WlJ~t~I~(g,J~r.J..+H~PAN~~G~:~fIZR;;.s;:~\,Lf..S. P.O. Box 10250 AUTHORIZED REPRESENTATIVE I Palo Alto, CA 94303 ~~·1~ @ ACORD CORPORA TIO' J ACORD 25 (2001/08) 12!O~/2008 11:58 FAX CERTHOlOER COpy P,o. 80X 420807, SA.N r-H~/~ClSC<),CA 9~ 1.::'2,--0807 GROUP: ¢OCQg2 pOlley NUMBER; 0000131-.200$ C~RTiFICA iE 10: 18 Ht CERT'FICATE EXPIRES: 07-01-2009 07-01-2008/07-01-2009 ~~jY O~ PALO ALTO NG uOS:ALL CALIFORNIA O~iRATIONS ATTN PURCHASXNG & CONTRACT ADMINISTRATION PO BOX 102&0 PALO ALTO CA 9430~-oa62 This i~ to certify that wtJ have issl,led ~ valid WorKers' Compen.!1Btion insuranc::e poliev in I form approved by U~a Califorl'lia Il'ltu(anc~ Commisl:ionar to the 6mploy~' n~med below tor the Policy poriod indicated. Tnt$T"poliCY i$ no, subjett to cancellation by the Fun(l except upon 30 days ~dvance written notlc.a to the emp/oy"r. 'A..,,:l ~':,.: ' '4'~W,iJl also give YOU 30 ~y~ acNClnt:e noticlt should thi~ policy be cancelled prior to Its normal expir~th:m. I~-"-'" This. certificate of insurance is not al'l insurance polfoy and does not ~Mend, /ilxtend or IIt~r the coverage ilftorded ~'t ,th" poliCY listed herein. Notwlth&tsndinlJ any r~Clur(ernttnt. term or condition of any contract or other dOCUn'lf;lnt WIth re~pecl to which this I;:srtific8te of In:Suf3nce may b~ Issued or to whieh it may partain. the insur.anca afforded by t04J policy de~criped tl8ilin It tlJbJect to all the term~, exc:iU$iOM, .and conditions. of such policy, THORIZED REPRf:SENT A TI ..... PRE!}lDENT ~,PI.OYf:RIS LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1.000. 000 P-e~ OCCURRENCE. ENDORSEMENT N20SS ENTITLED eERTlflCATE HOLDERS' NOTICE EFFECTIVE 07-01-2001 IS ATTACHEO 10 AND FORMS A PART or THIS POLICY • . . .." " , ,,' /', '" ::'10,(;: . EMPLOYER ..... ,."'\. \ -..... Ai ' .. '," N,4.RK THOMAS & c;o lNC 1geO ZANKER RO SAN vOSE CA gS112 NQ [NCT,CS] PRINTED @00'l/:);2 NG Mark Thomas Commercial ·3eneral Liabilit'I 68035B3M342 COlV1i\/lEP.CIAL GENERAL LiAB/UT'( ute by :;:-nits. UnOer Itli.s r:H~thod, -.;2C;' iG~ sur::;-'s SI'\8r8 is based on jile ratio of ds apoii- cat:~ liIT;i of insurancs to ii12 10121 appiicCJblc lirTlils of insur.JIlce of ail insurers. 5. Premiwll .L\LE~it a. \Ne 'INil! compute ail premiums fer this Cover- age Par1 in accordance wiih our rules and ,-ates. b. Premium sllown in this Coverage Par! as ad- Vclnce premium is a deposit premium only. At the close of each audit period vIe VIii! com- pute the earned premium for that period and send notice· (0 Ow first Named Insured. TI18 due dale for audit and retrospective premi- ums is the datt; shown ~s the, due dale all Ill(: bill. It tile sum of the advance andaucJit pre- miums paid tor lile policy period is greater tllan(he earned premium, vie will relurn ttle excess to the first Namecf Insured. c. Tha first Named InsLlred must keep records 01 tile lnfonnalion W2 fleed for premium compu- tation, and senel us copies at such limes as we may request. G. Representations By accepting Ihis policy, you agree: a. TIle statements in tile Declarations are accu- raie and compieie; b. Those statements are based upon represen~ lations you made to us: and c. \.Ne have issued this policy in reliance upon your representations, 7. Separation Of Insureds Except wilh respecl to Ihe Limits of Insurance. and any rights or dulies specifically assigned in this Coverage Pan 10 IIle first Named Insured, tllis insurance applies: a. fJ ... s if each NrlnlEd Insured were lIle oIlly Named Insured; and b. Separately to each insured ClQainst vJhom claim is made or "suit't is brought. 8. Transfer Of Rights Of Recovery Against Oth- ers To Us If the insured Ilas rights to recover 811 or part oi any payment we haVE m2de under this Coverage Pafi. those rigllls are transferred to us, The in- sured mllst do nO\!ling afier loss to impair lIwll1. At our request. the insured will bring "suil" or transfer those rights to us 8nd help us enforce them. ;f 'Nf; decide nel :0 f2i'S'.''; nii.s C>Jverage Pan, '-''Ie \Nili mail Oi d~:fi~;~J' to !hi:: fir~~: Nar-:2d Jr~sujod 51;;::'.n in Ule C-~claraliOitS \r.ii:tien nO!iC2 of the non',:;new21 not ;ess than 30 days before the expi- ratil>l riElie. If nc.::ice is mailed, proof of mailing Vvill be suffi· cient proof of notice. SECTION V -OEFINfTrOf\JS 1. "Adverlisement" means a nOlice that is broadcasl VI published to Ille general public or specific mar- ket segmenls about your goods. products or ser- vices for tile purpose of attracting customers or supporters. For the purposes of tl1is defll1ilion: a. Notices thal are puhlisl1ed include material placed on tile Internet or on similar electronic means of communication: and b. Regarding web-siles, only thai part of a wel)- site Ihal is about your goods, products or ser- vices for the purposes of allracting customers or supportefs is considered an adver1isemcI1!. 2. "Alita" means a land moior vehicle, frailer or semitrailer designed for travel on public roads. in- cluding any attached machinery or equipment. But "aula" does not include "mobile equipment". J. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including' death resulllng from any of these at any time. 4. "Coverage len'itory" means: a. The United Slales of America (including ils territories and possessions), Puerio Rico and Canada; b. Inlernalional waters or airspace, I)ul only if ttleinjury or damage occLlrs ill tile course of Ira\lel or Irallspol-ta!ion be/ween any plac8s inclurJed ill a. above; or c. All other paris of tile 'Alorlej if the injury or damage arises out of: (1) Goods Dr products madt! or sold by you ill the territory described in a. above; (2) The activities of a person whose home is in tile territory described in a. above, hut is away for a short lime on your business: or (3) "Personal and advertiSing injury" offenses thaI t8ke place through the Internel or similar electronic means or communica- tion Page 12 of 16 @ ISO PropertieS Inc., 2000 CG 00 01 10 01 COMMERCIAL GENER.A.i... UABillTY "contrac[ or agreement requiring insurance" means tr:at pc,'~ of 2.:-;Y contract or agr88mer,t un- der v.;hicn yell are required to include a person or organizafon as an additional insured on ~his Cov- erage Part, provided that the "bodily irjury" and "property damage" occurs, and the "personal in- jury" is caused by C:'!1 offense committed: a. ~.~~3r yeu hav3 ef'~sr2d 'rite th2t eerier-act ()i G';:"c:;ement; b. V\ ~,iie that part cf ~he contract C( agr:~er:-',ent is ir: :sffect; and c. Before the end of t;,e poi icy period. ,~II other terms of your poiicy remain the same. Page 2 of 2 © 2006, The SI. Paul Travelers Insurance Companies, Inc. CG 0381 0906 Includes copyrighled material of Insurance Services Office. Inc .• with its permission. ?olicy Number: 68035831\;1342 CCMivIERCIA,L GENERAL LlABiUTY THJS ENDOF~SEl\J1ENT CH/" .. NGE.S THE POLley. PLE.Ll.3E REl\D iT CARE?ULLY. 8t .. Aj\JKE~T AI')D)l·~~Of\JAL. Ir\~SURED (ARCriJTECTS, EN·G1NFEF~S AND SURVEYORS) This endorsement modifies insurance provided ur.der the following: 1. 2. 3. COMMERCIAL GENERAL LIABILITY COVERAGE PART WHO )S AN INSURED (Section II) is amended to include any person or organization that you agree in a "contract or agreement requiring insurance" to include as an additional insured on this Cover- age Part, but: a. Only with respect to liability for Ilbodily injury", "property damage" or "personal injury"; and b. If the injury or damage arises out of the per- formance, by you or your subcontractor, of "your work" to which the "contract or agree- ment requiring insurance" applies. Such per- son or organization does not qualify as an additional insured with respect to their inde- pendent acts or for "bodily injury", "property damage" or "personal injury" for which that person or organization has assumed liability in a contract or .agreement. The insurance provided to the additional insured by this endorsement is limited as follows: a. This insurance does not apply on any basis to any person or organization for which cover- age as an additional insured specifically is added by another endorsement to this Cover- age Part. b. This insurance does not apply to the render- ing of or failure to render any "professional services". c. The limits of insurance afforded to the addi- tional insured shall be the limits which you agreed to provide in that "contract or agree- ment requiring. insurance", or the limits shown in the Declarations for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF INSURANCE (Section III) for this Coverage Part. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENEHAL LIABILITY CONDITIONS (Section IV): 4. 5. However, if you specifically agrae in a "contract or agreement requiring insurance" that the insurance provided to an additional insured under this Cov- erage Part must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such addi- tional insured as a named insured, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have entered into that "contract or agreement requiring insurance". But this insur- ance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is aV;Jilabl0 to the insured when the insured is an additional insured under any other insurance. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CON- DITIONS (Section IV): We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that person or organization. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insur- ance" with such person or organization entered into by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "per- sonal injury" offense is committed. As respe·cts the insurance provided to the addi- tional insured by this endorsement, the following definition is added to DEFINITIONS (Section V): CG 03 81 0906 © 2006, The Sl Paul Travelers Insurance Companies, [nco Page 1 of 2 Includes copyrighted materia! of Insurance Services Office, Inc, with its pcnnission.