HomeMy WebLinkAbout1996-04-01 City CouncilCity
City of Palo Alto
Manager’s Report
TO:HONORABLE CITY COUNCIL
FROM:CITY MANAGER DEPARTMENT: Planning and
Community Environment
AGENDA DATE: April 1, 1996 CMR:187:96
SUBJECT:Approval of Consultant Contract with Wallace Roberts & Todd for
Downtown Urban Design Improvements Project, Phase I:
Feasibility and Schematic Design (CIP 19608)
REQUEST
City Council is requested to review and approve the attached Consultant Contract with
Wallace Roberts & Todd.
RECOMMENDATIONS
Staff recommends that the City Council approve the attached consultant contract
(Attachment 1) for the Downtown Urban Design Improvements Project, Phase I: Feasibility
and Schematic Design, including production of the Urban Design Guide. The contract is
with the firm of Wallace Roberts & Todd for the amount of$112,000. An additional $8,000
of the funds allocated for the project is being held in reserve by staff for contingency.
purposes. This project is being funded with $100,000 from the CIP budget and $20,000 held
in the Division Operating Budget for production of the Urban Design Guide.
POLICY IMPLICATIONS
The Downtown Urban Design Improvements Project will provide schematic design for
needed streetscape improvements identified in the Downtown Urban Design Guide, adopted
by City Council in 1994, for the purpose of keeping the Downtown a vibrant and desirable
place for pedestrians and retailers. These improvements are consistent with the Urban
Design Element of the Comprehensive Plan, Policy 5, "Encourage rehabilitation of aging
retail areas to keep them economically healthy."
EXECUTIVE SUMMARY
Action of Policy and Services Committee
The Request For Proposals (RFP) for this consultant contract was reviewed by the Policy and
Services Committee at their November 14, 1995 meeting. The Committee approved the
CMR:187:96 Page 1 of 6
Scope of Services in the RFP, with two modifications proposed in a presentation to the
Committee by the co-chairs of the Public Arts Commission, Judith Wasserman and Susan
Wexler: 1) that the areas of expertise required of the consultant team be expanded to include
expertise in the area of public art; and 2) that a member of the Public Arts Commission be
included in the Selection Advisory Committee. (See attached minutes of the November 14,
1995 meeting of the Policy and Services Committee.)
Project Steering Committee
To assure the active participation of Downtown merchants and property owners in the
Downtown Improvements Project, a Project Steering Committee has been formed comprising
three Downtown property owners, who volunteered to serve on the Committee, and three
business owners/merchants who were selected by the Chamber of Commerce. Members of
the Project Steering Committee are:
Roxy Rapp, property owner
Jim Baer, property owner
Warren Thoits, property owner
Bryan Bradley, Manager, Z Gallery
(since resigned, replacement to be appointed)
Kathleen Haney, Manager, Cardinal Hotel
Tom Richman, Landscape Architect, Richman Associates
The Steering Committee met twice, on September 28 and October 11, 1995, to review with
staff the goals and general direction of the Downtown Improvements Project and to review
the Scope of Services, which was modified to incorporate their comments. The Project
Steering Committee appointed three of their members, Jim Baer, Roxy Rapp and Tom
Richman, to serve on the Selection Advisory Committee to interview applicants and assist
in selection of the urban design consultant for the Downtown Improvements Project.
Consultant Selection Process
The Downtown Improvements Project was advertised through two marketing services, and
an RFP was sent to all twenty-nine urban design, landscape architecture or architecture firms
that responded. Thirteen fu’rns attended the presubmittal meeting held December 28, 1995.
Five firms submitted proposals, and four were selected to be interviewed. The four firms
interviewed on February 2, 1996 were: Amphion; Daniel Soloman/Gary Strang; Wallace
Roberts & Todd; and ROMA. In all of the proposals the cost estimates were equal to the
available budget.
The Selection Advisory Committee conducting the interviews was made up of the three
members of the Project Steering Committee listed above, three Planning Division staff, one
Public Works staff, Planning Commissioner Sandy Eakins and Public Arts Commissioner
Judith Wasserman. There was general agreement among the members of the Selection
CMR: 187:96 Page 2 of 6
Advisory Committee members that while all four firms had outstanding qualifications,
Wallace Roberts & Todd (WRT) would be the best team for this particular project. This
conclusion was made chiefly because of WRT’s extensive experience in other Downtown
districts, where their work showed strong design solutions developed through active
involvement with the local community.
The RFP required that in addition to expertise in urban design, architecture and landscape
architecture, the consultant team include expertise in several specialized areas. In response
to that requirement, the Wallace Roberts & Todd team includes the following subconsultants:
Public Signage
Outdoor Lighting
Civil Engineering
Alternative Financing
Urban Forestry
Environmental Artist
Michael Manwaring
Silver and Light
Sandis Humber Jones
Pacific Group
Barrie Coate, Arborist
(to be selected)
Project Description
The Downtown Urban Design Improvements Project will be divided into Phases 1 and 2,
with Phase 1 including feasibility and schematic design and Phase 2 including construction
drawings and construction management. This contract is for Phase I only, although the
consultant selection process included an evaluation of the consultant team’s ability to
provide services for both Phases 1 and 2. If Council decides to fund construction of some
or all of the improvements approved in the schematic design plan, the consultant selected
for Phase I will be invited to negotiate for Phase 2, subject to the discretion of the City’s
project manager regarding the quality of work and continued suitability of the selected firm.
In addition to Phase I of the Downtown Urban Design Improvements Project, the Contract
also includes production of an attractive and user friendly final version of the Urban Design
Guide that the City can reproduce for distribution to the general public.
Summary of Scope of Services
The Scope of Services for this Contract is divided into four tasks:
1)Preparation of a Master Plan that will include schematic designs for all proposed
downtown improvements, construction and maintenance costs of all the
improv.ements, a Downtown street tree maintenance and protection plan, and a
recommended implementation schedule of the improvements over a two- to five- year
period.
Task 1 also includes four different types of public meetings that have been
incorporated into the project to provide oppommities for public participation. The
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meetings include a two-day invitational charrette for designers, developers and
property owners with experience in the Downtown, other stakeholders, and the
general public; two one-day design workshops for the general public; six meetings
with the Steering Committee; and presentations before the Historic Resources Board
(HRB), Architectural Review Board (ARB), Public Arts Commission (PAC), Utilities
Advisory Commission (UAC), Planning Commission and City Council.
Because getting new newsracks installed is a high priority for Downtown merchants
and property owners, and because the design of the new newsracks needs to keep pace
with the efforts underway in the City Attorney’s Office to produce a newsrack
ordinance, the design and approval of newsracks is planned to occur early in the
design process. The final design of the newsracks will be presented for approval by
HRB and ARB at the time these Boards are reviewing the preliminary Master Plan,
in June 1996, so that the racks can be installed in late summer or early fall, 1996.
2)
3)
Preparation of working drawings and specifications for design and installation of the
newsracks proposed in the Master Plan. While construction drawings for other
components of the design will be prepared in a future Phase II project, the
construction drawings for newsracks have been included in Phase I to accomodate
getting new newsracks in place as quickly as possible.
Preparation of a feasibility study that identifies and evaluates various financing
mechanisms, to implement the proposed improvements and provide for the on-going
care and maintenance of the public space. The study should consider the feasibility
of establishing a suitable privately funded program and also identify any City funds
that could augment such a program.
4) Production of the Urban Design Guide
The project schedule calls for the project to begin immediately after Council appoval of the
contract and to be completed in nine to twelve months, with Council review of the final
design in November 1996.
FISCAL IMPACT
Funding for this project, in the amount of $100,000, is included in the 1995-96 Capital
Improvement Program. Funding in the amount of $20,000 is available for production of a
final version of the Urban Design Guide; $16,600 was previously authorized by City Council
and is in the Planning Division operating budget; and an additional $4,000 remains from the
original Urban Design budget.
If City Council approves the improvement designs produced by this project and chooses to
implement those improvements, funding for Phase 2, which will include construction
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documents, construction management and installation of the improvements, may come from
several sources including:
1)$150,000 currently available from public benefit improvements provided from the
Cowper-Webster garage expansion project;
2)Other funds contributed to meet the public benefit requirement for Planned
Community zone change projects;
3)Funds allocated by City Council in the CIP budget over the next two to five years;
and/or
4)Other sources of funding that may be identified by the financing feasibility sm.dy that
is part of this project.
ENVIRONMENTAL ASSESSMENT
Approval of a consultant contract is not considered a project under the California
Environmental Quality Act; therefore, no environmental assessment is required at this time.
An Environmental Assessment will be prepared at the time the schematic design project is
submitted for public review.
ATTACHMENTS
Attachment 1: Consultant Contract
Attachment 2: Excerpt Minutes of Policy and Services meeting, November 14, 1995
Prepared By: Virginia Warheit
Department Head Review:
Director of Planning and
Community Environment
City Manager Approval:
City
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Downtown Urban Design Improvements Steering Committee
Barbara Gross, Downtown Marketing Committee, 300 Hamilton Aveue, Palo Alto,
CA 94301
Pat Sharp, Downtown Park North Neighborhood Association, 333 Waverley,
Palo Alto CA 94301
Tony Badger Downtown Park North Neighborhood Association, 381 Hawthorne,
Palo Alto CA 94301
John Duryea, University South Neighborhood Group, 405 Lincoln, Palo Alto CA
94301
Frank "Ned" Gallegher, University Park Associates, 440 Melville Park,
Palo Alto CA 94301
Margaret Feuer, University & Crescent Park Association, 1310 University Avenue,
Palo Alto CA 94301
Architectural Review Board
Historic Resources Board
Utility Advisory Commission
Public Arts Commission
Planning Commission
CMR:187:96 Page 6 of 6
CONTP~ACT NO.
BETWEEN THE CITY OF PALO ALTOAND
WALLACE ROBERTS & TODD
FOR CONSULTING SERVICES FOR THE
DOWNTOWN LIRBAN DESIGN IMPROVEMENTS PROJECT
This Contract No. is entered into ,
1996, by and between the CITY OF PALO ALTO, a chartered city and a
municipal corporation of the State of California ("CITY"), and
WALLACE ROBERTS & TODD, a Pennsylvania partnership (Taxpayer ID No.
23-1615241), !ocated at 121 Second Street, San Francisco, CA 94105-
3605 ("CONSULTANT").
RECITALS:
WHEREAS, CITY desires certain professional consulting
services ("Services") and the preparation and delivery of, without
limitation, one or more sets of documents, drawings, majs, plans,
designs, data, calculations, surveys, specifications, schedules or
other writings ("Deliverables") (Services and Deliverab!es are,
collectively, the "Project"), as more fully described in Exhibit "A";
and
WHEREAS, CITY desires to engage CONSULTANT, including its
employees, if any, in providing the Services by reason of its
qualifications and experience in performing the Services, and
CONSULTANT has offered to complete the Project on the terms and in
the manner set forth herein;
NOW, THEREFORE, in consideration of the covenants, terms,
conditions, and provisions of this Contract, the parties agree:
SECTICN !. TERM
!.i This Contract will commence on the date of its
execution by CITY, and will terminate upon the completion of the
Project, unless this Contract is earlier terminated by CITY. Upon
the receipt of CITY’s notice to proceed, CONSULTANT wil! commence
work on the initial and subsequent Project tasks in accordance with
the time schedule set forth in Exhibit "A". Time is of the essence
of this Contract. In the event that the Project is not completed
within the time required through any fault of CONSULTANT, CITY’s
City Manager will have the option of extending the time schedule
for any period of time. This provision will not preclude the
recovery of damages for delay caused by CONSULTANT.
SECTION 2.SCOPE OF PROJECT;CHANGES & CORRECTIONS
2.1 The scope of Services andDeliverables constituting
the Project will be performed, delivered or executed by CONSULTANT
under the phases of the Basic Services as described below.
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2.2 CITY may order substantial changes in the scope or
character of the Basic Services, the Deliverables, or the Project,
either decreasing or increasing the amount of work required of
CONSULTANT. In the event that such changes are ordered, subject to
the a~prova! of CITY’s City Council, as may be required, CONSULTANT
wil! be entitled to full compensation for all work performed prior
to CONSULTANT’s receipt of the notice of change and further will be
entitled to an extension of the time schedule. Any increase in
compensation for substantial changes will be determined in
accordance with the provisions of this Contract. CITY will not be
liable for the cost or payment of any change in work, unless the
amount of additional compensation attributable to the change in
work is agreed to, in writing, by CITY before CONSULTANT commences
the performance of any such change in work.
2.3 Where the Project entails the drafting and
submission of Deliverables, for example, construction plans,
drawings, and specifications, any and all errors, omissions, or
ambiguities in the De!iverables, which are discovere~ by CITY
before invitations to bid on a construction project (for which the
Deliverables are required) are distributed by CITY, will be
corrected by CONSULTANT at no cost to CITY, provided CITY gives
notice to CONSUL!~ANT.
2.4 Any and all errors, omissions, or ambiguities in the
Deliverables, which are discovered by CITY after the construction
contract is awarded by CITY, wil! be performed by CONSULTANT, as
fol!ows: (a) at no cost to CITY insofar as those Services,
including the Basic Services or the Additional Services, as
described below, or both, wil! result in minor or nonbeneficia!
changes in the construction work required of the construction
CONSULTANT; or (b) at CITY’s cost insofar as those Services,
including the Basic Services or the Additional Services, or both,
will add a direct and substantial benefit to the construction work
required of the construction CONSULTANT. The Project Manager in
the reasonable exercise of his or her discretion will determine
whether the Basic Services or the Additional Services, or both,
will contribute minor or substantial benefit to the construction
work,
2.5 This contract covers the Scope of Services to be
provided by CONSULTANT for Phase I of Downtown Urban Design
Improvements Project. Upon completion of Phase I work, the City
Council will decide whether to proceed with some or al! of the
improvements approved in the schematic design plan (Phase II).
If Council makes an affirmative decision to proceed with
Phase II work, and subject to the discretion of CITY’s Project
Manager regarding the quality of the work performed and continued
suitability of the CONSULTANT, the CONSULTANT will be invited to
negotiate for Phase II work. A separate contract for Phase II
would subsequently be presented to the City Counci! for their
approval.
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SECTION 3.
CONSULTANT
QUALIFICATIONS,STATUS,AND DUTIES OF
3.1 CONSULTANT represents and warrants that it has the
expertise and professional qualifications to furnish or cause to be
furnished the Services and Deliverab!es. CONSULTANT further
represents and warrants that the Project Director and every
individual, including any consultant (including subcontractors or
subconsultants), charged with the performance of the Services are
duly licensed or certified by the State of California, to the
extent such licensing or certification is required by law to
perform the Services, and that the Project will be executed by them
or under their supervision. CONSULTANT will furnish to CITY for
approval, prior to’execution of .this Contract, a list of all
individuals and the names of their employers or principals to be
employed as consultants.
3.2 In reliance on the representations and warranties
set forth in this Contract, CITY hires CONSULTANT to execute, and
CONSULTANT covenants and agrees that it will execute or cause to be
executed, the Project.
3.3 CONSULTANT will assign Ignacio F. Bunster-Ossa as
the Project Director to have supervisory responsibility for the
performance, progress, and execution of the Project. Diane Ochi
will be assigned as the Project Coordinator who will represent
CONSULTANT during the day-to-day work on the Project. If
circumstances or conditions subsequent to the execution of this
Contract cause the substitution of the Project Director or Project
Coordinator for any reason, the appointment of a substitute Project
Director or substitute Project Coordinator will be subject to the
prior written approval of CITY’s Project Manager.
3.4 CONSULTANT represents and warrants that it will:
3.4.1 Procure all permits and licenses, pay all
charges and fees, and give all notices which may be necessary and
incident to the due and lawful prosecution of the Project;
3.4.2 Keep itself fully informed of all existing and
future Federal, State of California, and local laws, ordinances,
regulations, orders, and decrees which may affect those engaged or
emp!oyed under this Contract and any materials used in CONSULTANT’s
performance of the S~rvices;
3.4.3 At all times observe and comply with, and cause
its employees and consultants, if any, who are assigned to the
performance of this Contract to observe and comply with, the laws,
ordinances, regulations, orders and decrees mentioned above; and
3.4.4 Report immediately to the Project Manager, in
writing, any discrepancy or inconsistency it discovers in the laws,
ordinances, regulations, orders, and decrees mentioned above in
relation to the Deliverab!es.
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3.5 Any Deliverables given to, or prepared or assembled
by, CONSULTANT or its consultants, if any, under this Contract will
become the property of CITY and will not be made available to any
individual or organization by CONSULTANT or its consultants, if
any, without the prior written approval of the City Manager.
3.6 CONSULTANT wil! provide CITY with the Deliverables
which are listed as Products in Exhibit "A" upon their completion
and acceptance by CITY, in the quantities described in Exhibit "A."
If no quantity is described for a Product, a single copy sha!l be
provided.
3.7 If CITY requests additional copies of any documents
which are a part of the Deliverables, CONSULTANT will provide such
additional copies and CITY will compensate CONSULTANT for its
duplicating costs.
3.8 CONSULTANT wil! be responsible for employing or
engaging all persons necessary to execute the Project. All
consultants of CONSULTANT wil! be deemed to be directly controlled
and supervised by CONSULTANT, which will be responsible for their
performance. If any employee or consultant of CONSULTANT fails or
refuses to carry out the provisions of this Contract or appears to
be incompetent or to act in a disorderly or improper manner, the
emp!oyee or consultant will be discharged immediately from further
performance under this Contract on demand of the Project Manager.
3.9 In the execution of the Project, CONSULTANT and its
consultants, if any, wil! at all times be considered independent
contractors and not agents or employees of CITY.
3.10 CONSULTANT will perform or obtain or cause to be
performed or obtained any and all of the fol!owing Additional
Services, not included under the Basic Services, if so authorized,
in writing, by CITY:
3.10.1 Providing services as an expert witness in
connection with any public hearing or meeting, arbitration
proceeding,or proceeding of a court of record;
3..i0.2 Incurring travel and subsistence expenses for
CONSULTANT and its staff beyond those normally required under the
Basic Services;
3.10.3 Performing any other Additional Services that
may be agreed upon by the parties in writing subsequent to the
execution of this Contract; and
3.10.4 Other Additional Services described in Exhibit
"C" to this Contract.
3.11 CONSULTANT will be responsible for employing all
consultants deemed necessary to assist CONSULTANT in the
performance of the Services. The appointment of consultants must
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be approved, in advance, by CITY, in writing, and must remain
acceptable to CITY during the term of this Contract.
SECTION 4 DUTIES OF CITY
4.1 CITY will furnish or cause to be furnished the
services listed in Exhibit "A" and such information regarding its
requirements applicable to the Project as may be reasonably
requested by CONSULTANT.
4.2 CITY will review and approve, as necessary, in a
timely manner the Deliverables and each phase of work performed by
CONSULTANT. CITY’s estimated time of review and approval will be
furnished to CONSULTANT at the time of submission of each phase of
work. CONSULTANT acknowledges and understands that the
interrelated exchange of information among CITY’s various
departments makes it extremely difficult for CITY to firmly
establish the time of each review and approval task. CITY’s failure
to review and approve within the estimated time schedule wi!l not
constitute a default under this Contract.
4.3 The City Manager will represent CITY for all
purposes under this Contract. Virginia Warheit is designated as
the Project Manager for the City Manager. The Project Manager will
supervise the performance, progress, and execution of the Project,
and will be assisted as necessary by James Gilli!and, CITY’s
Assistant Planning Official.
4.4 If CITY observes or otherwise becomes aware of any
default in the performance of CONSULTANT, CITY will use reasonable
efforts to give written notice thereof to CONSULTANT in a timely
manner.
SECTION 5. COMPENSATION
B.l CITY will compensate CONSULTANT for the following
services and work:
S.l.l In consideration of the full performance of the
Basic Services, including any authorized reimbursable expenses,
CITY will pay CONSULTANT a fee not to exceed One Hundred and Five
Thousand Dollars ($i05,000). The amount of compensation shall be
calculated in accordance with the Resource Summary and Rate
Schedule set forth in Exhibit "B", up to the maximum amount set
forth in this Section. The fees of the subconsultants who have
direct contractual relationships with CONSULTANT, shall be
approved, in advance, by CITY. CITY reserves the right to refuse
payment of such fees, if such prior approval is not obtained by
CONSULTANT.
5.1.2 In consideration of the full performance of
Additional Services, the amount of compensation shall not exceed
Ten Thousand Dollars ($I0,000). Compensation shall be in
accordance with CONSULTANT’S hourly rates set forth in Exhibit "B,"
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plus any other expenses agreed upon in writing before performance
of the work.
5.1.3 The full payment of charges for extra work or
changes, or both, in the execution of the Project~will be made,
provided such request for payment is initiated by CONSULTANT and
authorized, in writing, by the Project Manager. Payment will be
made within thirty (30) days of submission by CONSULTANT of a
statement, in triplicate, of itemized costs covering such work or
changes, or both. Prior to commencing such extra work or changes,
or both, the parties will agree upon an estimated maximum cost for
such extra work or changes. CONSULTANT will not be paid for extra
work or changes, including, without limitation, any design work or
change order preparation, which is made necessary on account of
CONSULTANT’s errors, omissions, or oversights.
5.1.4 Direct personnel expense of employees assigned
to the execution of the Project by CONSULTANT will include only the
work of architects, engineers, designers, artists, arborists,
economists, job captains, draftspersons, specification writers and
typists, in consultation, research and design, work in producing
drawings, specifications and other documents pertaining to the
Project, and in services rendered during construction at the site,
to the extent such services are expressly contemplated under this
Contract. Included in the cost of direct personnel expense of
these employees are salaries and mandatory and customary benefits
such as statutory employee benefits, insurance, sick leave,
holidays and vacations, pensions and similar benefits.
5.2 The schedule of payments will be made as follows:
5.2.1 Payment for the Basic Services will be made
upon completion of the Services and Deliverables described in
Exhibit A, and when Deliverables have been reviewed by City and
approved by the Project Manager. CONSULTANT may request and shall
be entitled to payment upon such completion and approval of each
subtask listed in the Project Schedule (e.g., 1.3 Preliminary
Plan). Final payment will be made by CITY after CONSULTANT has
completed all Services and submitted all Deliverab!es, including,
without limitation, reports which have been approved by the Project
Manager.
5.2.2 CONSULTANT shall submit invoices for payment
for Basic Services (including related expenses) in triplicate, no
later than ten (i0) days after the first day of the month following
the month in which the Subtask for which payment is sought was
completed. The invoice shall identify the Services and
Deliverables in sufficient detail as to provide verification of the
sums invoiced and the relationship of the work to the Tasks and
Subtasks described in Exhibit A. Invoices shall include all
applicable supporting documentation and shal! group charges by
task, payroll costs billed, and other expenses.
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5.2.3 Payment for Additional Services, if any, will
be made within thirty (30) days of submission, in triplicate, of
such requests. CONSULTANT may request and shall be entitled to
payment for Additional Services upon completion and approval of
each such Additional Service. -
SECTION 6. ACCOUNTING, AUDITS, OWNERSHIP OF RECORDS
6.1 Records of the direct personnel expenses and
expenses incurred in connection with the performance of Basic
Services and Additiona! Services pertaining to the Project will be
prepared, maintained, and retained by CONSULTANT in accordance with
generally accepted accounting principles and will be made available
to CITY for auditing purposes at mutually convenient times during
the term of this Contract and for three (3) years following the
expiration or earlier termination of this Contract.
6.2 The originals of the De!iverables prepared by or
under the direction of CONSULTANT in the performanc9 of this
Contract will become the property of CITY irrespective of whether
the Project is completed upon CITY’s payment of the amounts
required to be paid to CONSULTANT. These originals will be
delivered to CITY without additional compensation. CITY will have
the right to utilize any final and incomplete drawings, estimates,
specifications, and any other documents prepared hereunder by
CONSULTANT, but CONSULTANT disclaims any responsibility or
liability for any alterations or modifications of such documents.
SECTION 7. INDEMNITY
7.1 CONSULTANT agrees to protect, indemnify, defend and
hold harmless CITY, its Council members, officers, emp!oyees and
agents, from any and all demands, claims, or liability of any
nature, including death or injury to any person, property damage or
any other loss, caused by or arising out of CONSULTANT’s, its
officers’, agents’, consultants’ or emp!oyees’ negligent acts,
errors, or omissions, or willful misconduct, or conduct for which
applicable law may impose strict liability on CONSULTANT in the
performance of or failure to perform its obligations under this
Contract.
SECTION 8.WAIVERS
8.1 The waiver by either party of any breach or
violation of any cov@nant, term, condition or provision of this
Contract or of the provisions of any ordinance or law will not be
deemed to be a waiver of any such covenant, term, condition,
provision, ordinance, or law or of any subsequent breach or
violation of the same or of any other covenant, term, condition,
provision, ordinance or law. The subsequent acceptance by either
party of any fee or other money which may become due hereunder will
not be deemed to be a waiver of any preceding breach or violation
by the other party of any covenant, term, condition or provision of
this Contract or of any applicable law or ordinance.
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8.2 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 Contract.
SECTION 9. I~SURANCE
9.1 CONSULTANT, at its sole cost and expense, will
obtain and maintain, in full force and effect during the term of
this Contract, the insurance coverage described in Exhibit "D",
insuring not only CONSULTANT and its consultants, if any, but also,
with the exception of workers’ compensation, employer’s liability
and professional liability insurance, naming CITY as an additional
insured concerning CONSULTANT’s performance under this Contract.
9.2 Al! insurance ~coverage required hereunder will be
provided through carriers with Best’s Key Rating Guide ratings of
A:X or higher which are admitted to transact insurance business in
the State of California. Any and all consultants of CONSULTANT
retained to perform Services under this Contract wil! obtain and
maintain, in full force and effect during the term of this
Contract, identical insurance coverage, naming CITY as an
additional insured under such policies as required above.
9.2 Certificates of such insurance, preferably on the
forms provided by CITY, will be filed with CITY concurrently with
the execution of this Contract. The certificates will be subject
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 altered by the insurer except after filing with
the CITY’s city clerk thirty (30) days’ prior written notice of such
cancellation or alteration, and that the City of Palo Alto is. named
as an additional insured except in policies of workers’
compensation, employer’s liability, and professional liability
insurance. Current certificates of such insurance will be kept on
file at all times during the term of this Contract with the city
clerk.
9.4 The procuring of such required policy or policies
of insurance wil! not be construed to limit CONSULTANT’s liability
hereunder nor to fulfill the indemnification provisions of this
Contract. 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 Contract, including such
damage, injury, or loss arising after the Contract is terminated or
the term has expired.
SECTION !0.WORKERS’ COMPENSATION
i0.! CONSULTANT, by executing this Contract, certifies
that it is aware of the provisions of the Labor Code of the State
of California which require every employer to be insured against
liability for workers’ compensation or to undertake self-insurance
in accordance with the provisions of that Code, and certifies that
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it will comply with such provisions, as applicable,
commencing the performance of the Project.
before
SECTION ii
PROJECT -
TERMINATION OR SUSPENSION OF CONTRACT OR
ii.! The City Manager may suspend the execution of the
Project, in whole or in part, or terminate this Contract, with or
without cause, by giving thirty (30) days’ prior written notice
thereof to CONSULTANT, or immediately after submission to CITY by
CONSULTANT of any completed item of Basic Services. Upon receipt
of such notice, CONSULTANT will immediately discontinue its
performance under this Contract.
11.2 CONSULTANT may terminate this Contract or suspend
its execution of the Project by giving thirty (30) days’ prior
written notice thereof to CITY, but only in the event of a
substantial failure of performance by CITY or in the event CITY
indefinitely withholds or withdraws its request for the initiation
or continuation of Basic Services or the execution of the Project.
11.3 Upon such suspension or termination by CITY,
CONSULTANT will be compensated for the Basic Services and
Additional Services performed and Deliverables received and
approved prior to. receipt of written notice from CITY of such
suspension or abandonment, together with authorized additional and
reimbursable expenses then due. If the Project is resumed after
being suspended, for more than 180 days, any change in CONSULTANT’s
compensation will be subject to renegotiation and, if necessary,
approval of CITY’s City Council. If this Contract is suspended or
terminated on account of a default by CONSULTANT, CITY will be
obligated to compensate CONSULTANT only for that portion of
CONSULTANT’s services which are of direct and immediate benefit to
CITY, as such determination may be made by the City Manager in the
reasonable exercise of her discretion.
11.4 In the event of termination of this Contract or
suspension of work on the Project by CITY where CONSULTANT is not
in default, CONSULTANT willreceive compensation as fol!ows:
11.4.1 For approved items of services, CONSULTANT will
be compensated for each item of service fully performed in the
amounts authorized under this Contract.
11.4.2 For approved items of services on which a
notice to proceed is issued by CITY, but which are not fully
performed, CONSULTANT will be compensated for each item of service
in an amount which bears the same ratio to the total fee otherwise
payable for the performance of the service as the quantum of
service actually rendered bears to the services necessary for the
full performance of that item of service.
11.4.3 The total compensation payable under the
preceding paragraphs of this Section will not exceed the payment
960320 lac IX]S0248
specified under Section 5 for the respective items of service to be
furnished by CONSULTANT.
11.5 Upon such suspension or termination, CONSULTANT
will deliver to the city manager immediately any and all copies of
the Deliverables, whether or not completed, prepared by CONSULTANT
or its consultants, if any, or given to CONSULTANT or its
consultants,- if any, in connection with this Contract. Such
materials will become the property of .CITY.
11.6 The failure of CITY to agree with CONSULTANT’s
independent findings, conclusions, or recommendations, if the same
are called for under this Contract, on the basis of differences in
matters of judgment, will not be construed as a failure on the part
of CONSULTANT to fulfill its obligations under this Contract.
SECTION 12.ASSIGNMENT
12.1 This Contract is for the persona! sepvices of
CONSULTANT, therefore, CONSULTANT will not assign, transfer,
convey, or otherwise dispose of this Contract or any right, title
or interest in or to the same or any part thereof without the prior
written consent of CITY. A consent to one assignment will not be
deemed to be a consent to any subsequent assignment. Any
assignment made without the approval of CITY wil! be void and, at
the option of the city manager, this Contract may be terminated.
This Contract will not be assignable by operation of law.
SECTION 13. NOTICES
13.1 All notices hereunder wil! be given, in writing,
and mailed, postage prepaid, by certified mail, addressed as
follows:
To CITY:Office of the City Clerk
City of Palo Alto
Post Office Box 10250
Pa!o Alto, CA 94303
To CONSULTANT: Attention of the project director
at the address of CONSULTANT recited above
SECTION 14.CONFLICT OF INTEREST
14.1 In accepting this Contract, 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 with the performance of the
Services.
14.2 CONSULTANT further covenants that, in the
performance of this Contract, it will not employ contractors or
persons having such an interest mentioned above. CONSULTANT
certifies that no one who has or will have any financial interest
i0
960320 lac 0080248
under this Contract is an officer or employee of CITY; this
provision will be interpreted in accordance with the applicable
provisions of the Palo Alto Municipal Code and the Government Code
of the State of California.
SECTION 15.NONDISCRIMINATION
15.1 As set forth in the Palo Alto Municipal Code, no
discrimination wil! be made in the employment of persons under this
Contract because of the age, race, color, national origin,
ancestry, religion, diss~bility, sexual preference or gender of such
person. If the value of this Contract is, or may be, five thousand
dollars ($5,000) or more, CONSULTANT agrees to meet all
requirements of the Pa!o Alto Municipal Code pertaining to
nondiscrimination in employment, including completing the requisite
form furnished by CITY and set forth in Exhibit "D"
15.2 CONSULTANT agrees that each contract for services
from independent providers will contain a provision substantially
as follows:
"[Name of Provider] will provide CONSULTANT
with e . certificate Stating that [Name of
Provider] is currently in compliance with al!
Federal and State of California laws covering
nondiscrimination in employment; that [Name of
Provider] will pursue an affirmative course of
action as required by the Affirmative Action
Guidelines of the City of Palo Alto; and that
[Name of Provider] will not discriminate in
the employment of any person under this
contract because of the age, race, color,
national origin, ancestry, religion,
disability, sexual preference or gender of
such person."
15.3 If CONSULTANT is found in violation of the
nondiscrimination provisions of the State of California Fair
Employment Practices Act or similar provisions of Federal law or
executive order in the performance of this Contract, it wil! be in
default of this Contract. Thereupon, CITY wil! have the power to
cancel or suspend this Contract, in whole or in part, or to deduct
the sum of twenty-five dollars ($25) for each person for each
calendar day during which such person was subjected to
discrimination, as damages for breach of contract, or both. Only
a finding of the State of California Fair Employment Practices
Commission or the equivalent federa! agency or officer will
constitute evidence of a breach of this Contract.
15.4 If CONSULTANT is found in default of the
nondiscrimination provisions of this Contract or the applicable
Affirmative Action Guidelines pertaining to this Contract,
CONSULTANT will be found in material breach of this Contract.
Thereupon, CITY will have the power to cance! or suspend this
960320 lac 0080248
11
Contract, inwhole or in part, or to deduct from the amount payable
to CONSULTANT the sum of two hundred fifty dollars ($250) for each
calendar day during which CONSULTANT is not in compliance with this
provision as damages for breach of contract, or both.
SECTION 16.MISCELLANEOUS PROVISIONS
16.1 CONSULTANT represents and warrants that it has
knowledge of the requirements of the federal Americans with
Disabilities Act of 1990, and the Government Code and the Health
and Safety Code of the State of California, relating to access to
public buildings and accommodations for disabled persons, and
relating to facilities for disabled persons. CONSULTANT will
comply with or ensure by its advice that compliance with such
provisions will be effected pursuant to the terms of [his Contract.
16.2 Upon the agreement of the parties, any controversy
or claim arising out of or relating to this Contract may be settled
by arbitration in accordance with the Rules of the. American
Arbitration Association, and judgment upon the award rendered by
the Arbitrators may be entered in any court having jurisdiction
thereof.
16.3 This Contract will be governed by the laws of the
State of California, excluding its conflicts of law.
16.4 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 or in the United States District Court
for the Northern District of California in the County of Santa
Clara, State of California.
16.5 The prevailing party in any action brought to
enforce the terms of this Contract or arising out of this Contract
may recover its reasonable costs and attorneys’ fees expended in
connection with that action.
16.6 This document represents the entire and integrated
Contract between the par.ties 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.
16.7 All provisions of this Contract, whether covenants
or conditions, will be deemed to be both covenants and conditions.
16.8 The covenants, terms, conditions and provisions of
this Contract will apply to, and will bind, the heirs, successors,
executors, administrators, assignees, and consultants, as the case
may be, of the parties.
16.9 If a court of competent jurisdiction finds or rules
that any provision of this Contract or any amendment thereto is
12
960320 1ac0080248
void or unenforceable, the unaffected provisions of this Contract
and any amendments thereto will remain in full force and effect.
16.10 All exhibits referred to in this Contract and any
addenda, appendices, attachments, and schedules which, from time
to time, may be referred to in any duly executed amendment hereto
are by such reference incorporated in this Contract and will be
deemed to be a part of this Contract.
16.11 This Contract may be executed in any number of
counterparts, each of which will be an original, but all of which
together will constitute one and the same instrument.
16.12 This Contract is subject to the fiscal provisions
of the Charter of the City of Palo Alto and the Palo Alto Municipa!
Code. This Contract wil! terminate without any penalty (a) at the
end of any fiscal year in the event that funds are not appropriated
for the fol!owing fiscal year, or (b) at any time within a fiscal
year in the event that funds are only appropriated for a portion of
the fisca! year and funds for this Contract are no !onger
available. This Section !6.12 will take precedence in the event of
a conflict with any other covenant, term, condition, or provision¯
of this Contract.
IN WITNESS WHEREOF, the parties hereto have by their duly
authorized representatives executed this Contract on the date first
above written.
ATTEST:CITY OF PALO ALTO
City Clerk
APPROVED AS TO FORM:
Mayor
Senior Assistant City Attorney
APPROVED:&
Assistant City Manager
Director of Planning and
Community Environment
ItS:
Taxpayer’s I.D. No. 23-1615241
Deputy City Manager of
Administrative Services
Risk Manager
13
960320 1ac~80248
Attachments:
EXHIBIT "A":
EXHIBIT "B":
EXHIBIT
EXHIBIT "D":
EXHIBIT
SCOPE OF PROJECT & PROJECT SCHEDULE
RESOUP.CE SUMMARY AND RATE SCHEDULE
ADDITIONAL SERVICES
!NSURAN. CE
NONDISCRIMINATION COMPLIANCE FORM
14
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CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code § 1189)
STATE OF ~O~"~,g~)
~t/) ss.
COUNTY OF ~ ~’ ~ £<~’~u,)
a Notary Public in ahd for said County and Stite, personally
appeared ~T[~N ~0V&[A~ 14A~O~’D , personally known to me
or prove~to me on’thebasis of satisfactory evidence to be the
person~ whose n~e(~ is/a~ subscribed ~ the within instr~ent
and ac~owl~dged to me that he/~!~y executed the s~e i~
his/~/t~r authorized capacity~), and ~hat by his/~t~r
signature/ on the instr~e~ the person~, or the e~tity upon
behalf of which the person(,s~ acted, executed the instrument.
WITNESS my hand and official sea!.
Signature of Notary Public
15
960320 lac 00S0248
EXHIBIT A
SCOPE OF SERVICES, PROJECT SCHEDULE AND RESOURCE SUHHARY
Description of Services to be provided by I/Va//ace Robert~ & Todd(hereinafter referred to as.
"Consultant") and Subcontractors _~and/’~ HurnberJones, Si/verman & Ll"~ht, /no, Of#ce of
f~/ichael /V/anwarin~, Pac/’~fc Group and Barrie D. Coate, to complete the Downtown Urban
Design improvements Project for the City of Pa/o A/to (hereinafter referred to as "City"). The
scope of services will include the following four major tasks, which will proceed concurrently:
Task I: Downtown Improvements Plaster Plan,
Task 2: Construction Documents for design and installation of newsracks,
Task 3: Rnancing Strateo-m/,
Task 4: Downtown Urban Design Guide.
The anticipated Project Schedule for completion of the work and the Resource Summary
describing staffing and costs follow the Scope of Services.
TASK h DOWNTOWN IMPROVEMENTS MASTER PLAN
This task will consist of producing, with input from downtown property owners, merchants, shoppers and other
interested groups, and members of the general public, a Master Plan and cost estimates for physical
improvements to the public spaces in the Downtown commercial core area. Specifically, the project area
includes the public rights-of-way within the rectangle formed by Lytton and Hamilton Avenues, from Alma Street
to Middlefield Road, and also including side streets between Ly~on and Hamilton Avenues, public parking lots
along Lytton and Hamilton Avenues, and Lytton Plaza located at the corner of University Avenue and High
Street. Design schemes developed for the project area may ex~end beyond the area boundary where
appropriate (see attached map).
The following needed improvements identified in the Capital Improvements Plan will be addressed in the design
process and included in the Master Plan:
Develop a comprehensive and coordinated public sign program for directional signs including public
parking and downtown entry signs. The design and location of the signs is to be developed in
coordination with the Transportation Division and the C~ Attorney’s Office to ensure that they do not
conflict with applicable regulations.
Improve intersections identified in the Downtown Urban Design Guide-as activity nodes with
improvements such as distinctive plantings, pavings and banners and other specia! features. Consider
repairing or replacing existing crosswalk paving surfaces at these intersections.
Clarify and improve transitions within the project area, and improve entries to public parking garages and
parking lots.
Design and/or select new street furniture including seating, bicycle parking, paved surfaces, lighting
fixtures, tree grates, trash containers, recycling bins, information kiosks and newspaper racks. The City
Attorney, together with an appointed working group, is currently developing an ordinance to regulate
newsracks in the city. The consultant will work with the Steering Committee (members of the
newsrack working group) to develop newsrack design standards which are consistent with the new
newsrack regulations concerning such matters as location and number of newsracks,
In coordination with the City Arborist, develop a downtown street tree maintenance plan, to address
on-going care of existing trees, location and type of new trees to be planted along s~reets and in parking
tots, design of tree grates, plant~ specifications, and protection of trees during con~ruc~ion.
Provide for improvements to increase the aesthetics and use of Lytton Plaza, such as new lights,
benches, art and trees.
Clarify and improve transitions from surrounding residential areas into the downtown commercial area.
Consider possible locations for public toilets.
I.I Opportunities and Constraints Analysis
This initial task has two primary objectives:
1. to reveal the expectations, ideas and visions for downtown that are held by its various constituents; and
2. to expose the opportunities and constraints of the area in relation to these ambitions.
To accomplish these objectives, the Consultant team will follow a three-step procedure:
a. Key interviews and data review:
With the assistance of the City’s Project Manager, the Consultant will identify key City staff who can provide
background information and insights into the history, current conditions and planned improvements of the
downtown area. In the process of meeting with these key informants, the Consultant will assemble and review
relevant existing data, including previous downtown studies, land use and ownership maps, zoning regulations,
design guidelines, historic preservation controls, tree inventories, tra~c data, utilities plans, crime statistics, etc.
From these data, the Consultant will prepare an area base map for the study and begin to build a picture of the
downtown’s problems and opportunities, as seen through the eyes of the City departments responsible for its
maintenance and improvement.
b. Field observations:
Armed with study area base maps and the facts and perceptions collected in the previous task, the Consultant
team will conduct its own field surveys to verify and expand the existing information; observe how the public
areas of downtown are used in both daytime and evening, by whom, and with what apparent preferences and
frustrations; and identify functional and aesthetic problems of the area, as well as opportunities for their
resolution. These surveys will be informal in nature and will not include technical survey of property metes and
bounds, sub-surface utilities, or other engineering inventory. Their purpose is to involve all team members in
developing a direct "hands-on" familiarity with the area, providing additional visual data specific to each team
member’s area of expertise, enhancing the team’s understanding of the complex downtown milieu, and
stimulating ideas for its improvement.
c. Downtown Charrette:
The Consultant will conduct a two-day charrette at a downtown location, to which local designers and
developers with experience in the downtown will be especially invited to participate. The charrette will be
advertised as a public meeting, and open to the general public. The purpose of the charrette is twofold: to
solicit input regarding issues, concerns, constraints and other considerations from members of the community
with interest and experience in the downtown, and to acquaint the consultant with the special expertise and
experience of local designers who have worked on projects in the downtown. The Consukan~ will prepare for,
conduct and facilitate the meeting, with assistance from City staff in arranging a meeting place and publicizing the
meeting.
Products:
Librar7 of existing data
Base map(s)
Annotated diagrams and sketches describing opportunities and constraints of the downtown area, based
"upon the information collected in this phase of work. Diagrams and sketches will summarize issues and,
where possible, illustrate potential solutions, or fragments of solutions, suggested by charrette
participants, City staff, and the Consultant team. Consultant will provide 20 copies of these graphics in
reduced black and white form, as well as black and white camera ready originals for further reproduction
and distribution by the City.
Written statement of the common and conflicting interests, goals and design directions for downtown
that were articulated in the various meetings in this phase of the work.
Heetings:
c /staff
Steering Comm~ee (t)
Two-day Downtown Charrette
1.2 Design Alternatives
This is the most creative phase of the process, with the following central objectives:
I. to explore the implications of various design alternatives, comparing their relative merits and
implementation and maintenance requirements; and
2.to maintain broad-based, active participation in the design and evaluation process, building consensus
and commitment to the preferred concept that is selected as the basis of the Master Plan.
A four-step process is proposed to accomplish these important objectives:
a. Prepare concept alternatives:
Working from the summary products of opportunities and constraints analysis, the Consultant team will prepare
a series of sketch concepts, combining and extending old and new ideas in a number of comprehensive or partial
alternatives for the downtown area. The purpose of these alternatives is not to offer final solutions from which
the C~ will pick a "winner", but to explore and develop design directions identified in the charret~e, to illuminate
the decisions facing the community and to demonstrate the implications of different choices. The alternatives are
in-progress design and decision-making tools, and as such, they will be prepared in whatever form is most
effective for exploring the consequences of different ideas. For example, different signage approaches may be
s~udied in perspective and elevation sketches; alternative paving choices, landscape and street furniture
placement will be tested in plan; special gateway features might be explored in rough study models or photo-
collages. Order-of-magnitude cost and maintenance requirements for each alternative will be evaluated. The
project Steering Committee and City staffwill provide in-progress input and direction at an informal meeting
scheduled during the preparation of the alternatives.
b. Workshop #1:
The Consultant will conduct a one-day or evening design workshop for the Steering Committee, the general
public, interest groups and City staffto present the design alternatives. The purpose of this workshop is to
present a range of solutions for all components of the preliminary design plan and to get feedback that can then
be used to generate a design scheme for which there will be broad support, ideally, the outcome will be
community-generated confirmation, revision and extension of ideas generated in the design charrette and
explored by the Consultant team, resulting in a generally accepted direction for the concept plan. Among the
items to be presented, discussed and refined will be schematic design alternatives for the newspaper racks. The
Consu~nt will prepare for, conduct and facilitate the workshop, with assistance from Cit7 s~ff in arranging a
meeting place and publicizing the workshop.
c. Concept revisions and final alternatives:
The Consultant team will revise the preliminary concepts according to the conclusions reached in Workshop # I,
preparing a final set of altema~.ives to describe choices that are still open to debate, if an),. These will be
presented and discussed in a meeting with the Steering Committee and City staff, and evalua~.ed qualitatively and
in terms of relative construction cost and maintenance requirements. The preliminary proposals of the Street
Tree Maintenance Plan will be presented at this time as well. In addition to presentation size graphics, the
concept and an), alternatives will be summarized in reduced form suitable for distribution to Board and
Commission members.
d. City reviews and selection of a preferred concept:
After review by the Steering Committee and City staff, the revised concepts and alternatives must now be
reviewed b), the Boards and Commissions with jurisdiction over the work (Historic Review Board, Architectural
Review Board, Public Art Commission, Utilities Advisory Commission, Planning Commission). Based on input
from the reviewing bodies and the Steering Committee, staff and the Consultant will sele~ a preferred concept
to be carried forward to further development, tt may also be advisable at this stage to present th~ conceptual
design informall), to the City Council to receive preliminary feedback and to ensure that they are in a position to
respond appropriately to inevitable questions and comments about the stud), from their con~kuents. At this
point, the developed design of the newsracks will be presented for Cit/approval before proceeding into
construction documentation.
Products:
One-of-a-kind presentation materials (plans, sections, perspective sketches, etc.) describing the concept
alternatives.
Brief summary document, including reduced graphics and comparative evaluation off.he concepts. The
Consultant will provide 55 copies for distribution to the reviewing Boards and Commissions.
Preliminary recommendations, Street Tree blaintenance Plan.
Preferred design concept, reviewed by City Boards and Commissions.
Meetings:
Workshop #1
Steering Committee (2)
Cit7 Staff (2_)
Board and Commission presentations (I)
City Council update (as negotiated in Task 1.5)
1.3 Preliminary Plan
In this work element, the preferred design concept which emerged from the investigation of alternatives is
developed into a comprehensive plan of improvements for the downtown area. The obje~ives of the task are:
I. to develop the selected concept to schematic design level, including cost e~imates and a proposed
phasing strateg,/for implementation; and
2.to receive feedback from the public and Cit7 officials prior to formalizing the scheme in a final Master
Plan.
These objectives are served by a three-step approach:
a. Prepare preliminary plan:
Working from the decisions reached in the previous phase of the work, the consultant team wit! develop the
selected concept to schematic design level and apply it comprehensively throughout the downtown area. Con
estimates for each element of the plan will be prepared, along with a phasing strategy that relates these cos~ to
the funding strategy developed in Task 3: Financing Mechanisms. The preliminary plan will be prepared in
sketch form, suitable for presentation to the public and City Review Boards and Commissions, and summarized
in a Preliminary Plan document which wilt be distributed to City officials and selected public participants. The
proje~ Steering Committee and City staff will provide improgress input and direction at an informal meeting
scheduled during the preparation of the preliminary plan. This meedng will also offer an opportunity for the
Consultant to update and consult with the Steering Committee and City staffon any issues arising in the
construction documents for the newsracks, which wilt be nearing completion.
b. Workshop #2:
The Consultant will conduct a second one-day or evening public workshop for review of the preliminary plan
and cost estimates. The purpose of this workshop is to solicit input on the proposed design and to identify any
outstanding issues or problems that might require changes to the design, This workshop will notbe a forum for
generating new ideas, but one where the more detailed implications of previously approved ideas are examined
and refined, if necessary, AJthough major changes are not expected so be necessary, minor design modifications
and adjustment of implementation priorities will be discussed and appropriate changes will be made to the sketch
plans, in the workshop session itself, if possible. Final design documents for the newsracks may be available for
public review, as well. The Consultant will prepare for, conduc~ and facilitate the workshop, with assistance from
City .~,.aff in arranging a meeting place and publicizing the workshop.
c. Ci~ reviews:
Following the public workshop, refinement by the Consultant and review by the Steering Committee and City
staff, the Preliminary Plan will be presented to City Boards and Commissions. The primary purpose of these
presentations is to receive recommendations on the contents of the Preliminary Plan, prior to its formalization in
final Master Plan documents.
Products:
Schematic design graphics addressing every aspect of the proposed improvements. The design will be
presented in sketch form so that any design modifications can be efficiently incorporated, and wil! be
prepared to a level of detail suitable to proceed directly into design development and construction
documentation on the City’s authorization of Phase 11 of the project.
Draft Street Tree Maintenance Plan.
Preliminary Plan summary document describing the schematic-level proposed improvements, cost
estimates, phasing priorities and maintenance requirements. The Consultant will provide 125 copies for
distribution.
o
ldeetings:
Workshop
Steering Committee (I)
City Staff
Board and Commission presentations (I)
A-5
1.4 Final Master Plan
In this phase, the plan is finalized, proceeding from a Draft that is approved by City Council, ~.o the final Master
Plan document. The objectives of the phase are:
I.to secure City Council approval of the Master Plan; and ~"
2.to prepare the final Master Plan document.
The phase involves a three-step process:
a. Prepare draft Master Plan:
Incorporating appropriate revisions that emerged from public and City review of the Preliminary Plan, the
consub~ant team will prepare a Draft Master Plan for distribution to City officials and selected members of the
public. This Draft will be complete in every respect, and is only a "draft" in the sense that C~/Council retains the
opportunity to reject, approve or modify k.
b. Final reviews:
The Draft Master Plan will be distributed for final review and formal presentation to City Council. Since the
consultants will be responsible for only two presentations during this important final revie)~z period, one of which
will be to City Council, we expect the C~’s Project Manager will establish and administer a procedure for
receiving written comments on the Draft for consideration in final changes.
c. Final Master Plan:
If Council directs modification of the Plan, the consultant team wilt make any necessary revisions in a final Master
Plan. Should no revisions be required, the resources reserved for production of the final M~qer Plan may be
applied to preparation of a different product as determined bythe City’s Project Manager, such as a special
downtown poster or summary brochure ~.o serve as a marketing tool or public information piece.
Products:
50 copies of the Draft Ma~er Plan.
125 copies of the Final Master Plan, or alternative advertising piece as noted in (c.) above. The final
Master Plan will also be subm~ed in camera-ready and digital format suitable for volume reproduction
by the City.
Final Street Tree Maintenance P!~n.
Meetings:
Steering Committee
C~ Staff(I)
Board and Commission presentations
City Council presentation (as negotiated)
1.5 Meeting Attendance
The Consultants will attend meetin~ as identified above throughout the Master Plan development and review
process. Ignacio Bunster-Ossa, the Consultant’s principal in charge of the project, will be present and a key
participant in the Downtown Charrette, the two Workshops, three of the six identified Steering Committee
meetings and two of the five identified meetings with city staff. However, any or all of the T]ve meetings with city
staff may be conbined with the Steering Committee meetings at the discretion of the City’s Project Manager. Mr.
Bunster will also participate in three presentations to Boards, Commissions and/or the Ci~’ Council, at key points
determined by the City’s Project Mana%r during the course of the project.
TASK 2 :CONSTRUCTION DOCUHENTS FOR NEWSPAPER RACKS
2.1 Schematic Design
The initial design phase for the newspaper racks will consider alternatives for this obtrusive element of the
downtown streetscape. Its primary obiective is to develop agreement on a conceptual scheme for the
placement and appearance of the newsracks. This will be accomplished in a two-step process:
a. Preliminary design concepts:
Issues relating to the location and function of newspaper racks will be uncovered in the Existing Conditions
Analysis of Task I, Steps a. through c, including status of the newsrack ordinance that is currently being prepared
by the CiW Attorney’s office. Working closely with other team members, particularly the environmental artist,
the Consultant will investigate alternatives for the Wpe of newsracks to be installed, including standard catalog
items and custom design solutions. These will be prepared in sketch form, along with alternative placement
options and comparative installation costs, as part of the conceptual design alternatives explored in the Design
Alternatives phase of the Master Plan.
b. Public review:
Preliminary sketch concepts for the newsracks will be reviewed and revised in Workshop #1 during the Master
Plan process.
Products:
Design alternatives for the newsr~cks
Preferred newsrack design concept, developed through public workshop #1 and the Ckb/review
process.
2.2 Design Development
In this phase, the preferred concept for the newsracks is further developed, with the objective of receiving City
approval for the design prior to preparing construction documents for their fabrication and installation. As above,
the work follows a two-step process:
a. Develop design of selected concept:
Working from the comments and su~estions elicited in the previous phase, the Consultant will bring the
preferred concept to a design development level of detail, including proposed locations and cost estimates for
ins-~llation and maintenance.
b. City review:
The developed design will be reviewed by City Boards and Commissions as part of their review of the
Preliminary Plan (Task I .3.c.), and formal approval of the design will be required to proceed with installation
documents.
Products:
Design development drawings of the newsracks.
2.3 Construction Documents
a. Prepare construction package:
WRT will prepare plans, details and technical specifications governing fabrication and installation of the newsracks,
to a level necessary to let a constr~’ction contract. The Consultant will work with Public Works and Purchasing
Departments to assemble the General Conditions portion of the construction documents.
b. City review:
The bid package will be reviewed by relevant City agencies such as the Public Works Department, Utilities
Department and Utilities Advisory Commission, as necessary, b’lore general public and Board review of these
technical documents is not anticipated,
c, Bidding Assistance:
The Consultant will assist the Public Works and Purchasing Departments in preparation of the notice inviting
formal bids, in answering pre-bid questions and in issuing clarifications and addenda.
Product:
Construction drawings, technical specifications and an engineer’s estimate for fabrication ~.nd installation
of the newsracks, in reproducible form for reproduction and distribution by the City.
TASK3 :FINANCING HECHANISHS
3.1 Funding Alternatives
In this initial phase, alternative approaches to financing the downtown improvements will be investigated, with
the following primary objectives:
I.to estimate the level of private funding that will have to be generated; and
2.to test the acceptability of different options to the City, property owners and merchants.
These objectives will be met in a two-step process:
a. Establish funding needs and research successful precedents:
The Pacific Group will investigate the City’s public funding capacity, and working from preliminary cost estimates
established in the Master Plan process, establish the potential funding gap that must be supported by private
contribution. The experience of existing City programs such as the University Avenue Parking Assessment
District will be reviewed. The consultant will then research examples of public-private financing mechanisms that
have successfully supported funding gaps of equivalent magnitude in similar sized cities elsewhere.
b. Obtain input on options from property owners, merchants and City officials:
Using the estimate of the magnitude of the problem and successful financing precedents as background
information, the consultant will meet with City staff and other critical participants identified by *.he City’s Project
Manager, for example, the project Steering Committee and selected representatives of down~own proper~y
owners and merchants. These discussions will provide the consultant with an understanding of the business
community’s level of tolerance for special assessments or other revenue generating techniques, and will uncover
additional approaches and areas of conflict and/or agreement.
Products:
The investigations of*.his phase will be summarized as the initial chapters of the final report on financing
strategies.
3.2 Financing Options Report
The objective of this work element is tO prepare a final report on the financing options available for implementing
downtown improvements, including a measure of their political feasibility. A three-step process will be followed:
a. Prepare draft financing report:
Based on input received from the participants in the previous work element, the consultant will prepare a dra~
repor~ that includes a summary of the funding issues, available financing mechanisms, and evaluation of the
financial feasibility of the various funding options examined in the previous work element.
b. City and business community review:
The draft report will be reviewed by key City officials, including the project Steering Committee, City Attorney
and other City departments, and leaders of the business community. This review is scheduled to coincide with
City review of the Preliminary Master Plan so that implementation demands can be simultaneously considered in
relation to the design character of proposed improvements. The Pacific Group does not anticipate attending the
numerous meetings involved in this review process and comments on the draft report should be collected in
writing by the City’s Project Manager.
c. Final financing report:
The consultant will incorporate input from the reviews and results of possible modifications to the Master Plan
in a final report on financing options and their applicability to downtown improvements in Palo Alto. This report
will be produced as an Addendum, or companion document to the final Master Plan.
Products:
Draft report, provided in 20 copies, and final report provided in 50 copies, along with camera-ready
original and digital version.
TASK4 :DOWNTOWN URBAN DESIGN GUIDE
The Urban Design Guide is a statement of City policy on the design character of downtown, intended for use by
property owners and tenants, developers and designers, and City staff and Review Boards, as a resource and
reference in making development decisions. To emphasize that the current work is a continuation of the urban
design process initiated in I c287, and that the proposed public improvements are only the first step in a much
more comprehensive program of downtown development adopted by City Council in 1994, the Consukant will
prepare an improved edition of the Downtown Urban Design Guide concurrent with Task t. Completion of
the Guide at the same time as schematic designs for public area improvements will help to anchor the detailed
design decisions in a broader, long-range vision for the future of downtown.
4.1 Startup and Collection of Material
Completion of the Urban Design Guide begins by collecting all available existing text and graphics, and
determining the City’s needs and priorities relative to the content and design of the document.
a. Review of document needs:
The Consultant will meet with City staffto review the document and discuss any format and graphic
requirements, printing assumptions, user needs, gaps in content, anticipated areas of revision and updates, and
other issues relevant to completion of the document.
b. Collection of material:
The Consultant will collect from the City all available graphics, text files, negatives, prints, original drawings, etc.
that remain from the planning effort that included preparation of the Draft Guide.
4.2 Document Design
To be effective, the Urban Design Guide must have understandable and persuasive guidelines, clear
organization, accessible information, and a graphically attractive and readable format. The existing document
provides an excellent starting point. The majority of work in this task is expected to be graphic design and
illustration--reformatting the content of the existing Guide to make its policies more evident, clarifying the plans
and sketches with color and graphic enhancements, and supplementing the text with additional photography and
explanatory diagrams.
a. Document reorganization:
The Consultant will prepare a revised outline for the document, reorganizing sections and presentation of
information where necessary for clari~ and ease of use. The outline will be submitted to C~ staff for review
and approval.
b. Storyboard:
The Consultant will prepare a storyboard, or mock-up, of the document indicating where tex~ will be
accompanied by graphics such as photos, diagrams, illustrations, etc. The storyboard will indicate which existing
graphics will be used and which will need to be revised or created new.
c. Graphic design:
The graphic design subconsultant will develop a recommended alternative for design and layout of the
document, illustrated by design of one or more typical pages. The forma~, will be suitable for produ~ion through
desktop publishing. The recommendation will be presented to City staff for refinement and approval.
Products:
Approved revised outline
Storyboard showing graphics needed to accompany text
Approved typical page design
4.3 Document Text and Graphics
In this task the Consultant will revise, update and enhance the graphic and written content of the document.
a. Draft text revisions:
The Consultant will work with City staffto revise the Urban Design Guide text, relying on City staffto provide
information on changes in existing conditions, plans and policies which have occurred since preparation of the
draft guide.
b. Revised, enhanced and new graphics:
The Consultant will update and enhance existing graphics through color or patlern. New photographs, diagrams
or illustrations will be created to fill in holes where graphics are needed to clarify the text. tf appropriate, new
diagrams may be computer-generated.
A-IO
c. City review:
The revised text and revised graphics will be submitted to the City for review and approval prior to layout ~nd
formatting of the document,
Products:
Approved final text
Approved final graphics
4.4 Draft Final Urban Design Guide
a. Document layout:
The Consultant wil! format the final text and graphics according to the approved document graphic design. The
graphics subconsultant will design a cover for the document.
b. City review:
The City will review the draft document and make any necessary revisions and adjustments to the document.
Only minor revisions are anticipated at this point.
Products:
Draft Final Urban Design Guide document, printed in black and white and color as necessary for review.
4.5 Final Urban Design Guide
a, Preparation of camera-ready document
The Consultant will make any final revisions and prepare final camera-ready art for printing.
Products:
50 color copies of the Final Urban Design Guide, and a reproducible master copy of the document
suitable for reproduction in either black and white or color. The consultant will explore the altema~.ive
possibility of quantity reproduction of the document in color directly from diskette, which would
eliminate the expense of preparing a camera-ready pasteup and reproducing a limited run of 50 color
copies. Savings would then be transferred to the City to fund a larger, more cost-effective printing run
from the digital master.
Palo AJto Downtovm Urban Design Impro~ments Project
PROJECT SCHEDULE
Palo AJto Downtown Urban Design Improvemens Project
SUBCONSULTANT LIST
Graphics and Signage:
Michael Manwaring The Office of Michael Manwaring
II1 Crescent Road
San Anselmo, CA 94960
(41 S) 458-8100
Ughting Design and Electrical Engineering:
Carol Light Silverman & Light, Inc.
1201 Park Avenue, Suite 100
Emeryville, CA 94608
(5 !0) 655-1200
Civil Engineering:
Jerry jones
Michael Wagner
Sandis Humber Jones
605 Castro Street
Mountain View, CA 94041-201 I
(41 S) 969-6900
Arborist~
Barrie Coate Barrie D. Coa.:e
23535 Summit Road
Los Ga~os, CA 95030
(408) 353-1052
Economics:
Thomas A. Feeney Pacific Group
2116 Easton Drive
Burlingame, CA 94010
(415) 344-1288
Palo Alto Downtown Urban Design Improvements Project
CONSULTANT RATE SCHEDULE
Staff Title/Role
Professional
Ignacio F. Bunster-Ossa, Paruner Projea Direaor
Diane Ochi, Associate
Ruth .Durack, Associate
Karen Kiest
Projea Coordinator
Urban Designer
Landscape Architea
Hourly Rate
$!40.00
$85.00
$105.00
$6~.00
Support
Tom Lee
Diane Hiland
Landscape & Graphic Design
Word Processor
$55.00
$47.00
EXEIBIT "C"
ADDITIONAL SERVICES
CONSULTANT shall perform the following Additional
Services if so requested in writing by City’s Project Manager:
Attend additional meetings
participation of the public
process;
to accommodate
in the planning~
o Provide additional services needed to accomplish
the satisfactory completion of the Street Tree
Maintenance Plan;
Duplication of additional copies of Deliverab!es
for distribution to the public;
4. Reproduction of newsrack construction documents.
960320 lac 0080251
~EXHIBIT "D"
A ..,IDI:ID CERTIFICATE OF INSURANCE , ....DATE,MM,DD
............... ’~.:.~. ...............-:i’~i wi~ ................:~: . ......:: ......-~.i ~i~: .... ................" .....~ ~ "3/25/96
PRODUCER BUSINESS INSURANCE CORP.THIS CERTIFICATE IS ISSUED AS A MATTER O~ INFORMATION
INSURED
1242 WEST CHESTER PIKE
WEST CHESTER, PA 19382
WALLACE ROBERTS & TODD
260 SOUTH BROAD STREET
8 TH FLOOR
PHILADELPHIA PA 19102
ONLY AND CONFERS NO RIGHTSUPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOESNOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDEDBY THE POLICIESBELOW.
COMPANIES AFFORDING COVERAGE
COMPANY
A
COMPANY
B
COMPANY
THE TRAVELERS COMPANIES
STATE COMPENSATION INSURANCE FUND
CNA INSURANCE COMPANIES
COMPANY
D
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
POUCY NUMBER POUCY EFFECTIVE POLICY EXPIRATION
DATE (MM/DDPP{) ! DATE (MMIDDPfY)
UJ660189K6359-95 5/16/95 5/16/96
UJ81089K6151TIL-95 10/30/95 5/16/96
UJCUPI89K6360-95 5/16/95 5/16/96
1346601-95 7/21/95 7/21/96
AAE4313082 7/18/95 7/18/96
CO I TYPE OF INSURANCE-TR ~
i GENERAL LIABlUTY
X ! COMMERCIAL GENERAL UABIUTY
! CLA,MS MADE ~ OCCUR
{L-~’:’ OWNER’S S CONTRACTOR’S PROT
A AUTOMOBILE LIABILITY
X ANY AUTO
ALL OWNED AUTOS
~ SCHEDULED AUTOS
X HIRED AUTOS
NON-OWNED AUTOS
GARAGE LIABILITY
A i Ex____CESS UAmUTY
i X UMBRELLA FORM
i OTHER THAN UMBRELLA FORM
WORKERS COMPENSATION AND
EMPLOYERS’ UABILITY
THE PROPRIETO~I PARTNERS/~ECUT1VE INCL
i OFFICERS ARE:EXCL
~ i OTHER
iPROFESSIONAL LIABILITY
UMITS
GENERAL AGGREGATE
PRODUCTS - COMP/OP AGG
PERSONAL & ADV INJURY
EACH OCCURRENCE
FiRE DAMAGE (Any one fire)
’: MED EXP (Any one person)
{ COMBINED SINGLE UMIT
:,BODILY INJURY(Per person)
’, BODILY INJURY(Per eccipent)
i PROPERTY DAMAGE
~ AUTO ONLY- EA ACCIDENT
oTHER T.AN AUTO ONLY:
,EACH ACC,DENT
i AGGREGATE
: EACH OCCURRENCE
; AGGREGATE
i X !STATUTORYUMITS
I EACH ACCIDENT
I DIS-EASE- POLICY UMIT
’I DISEASE-EACH EMPLOYEE I
LIMIT/AGGREGATE
DED. EACH CLAIM
2,000,000
1,000,000
1,000,000
1,000,000
250,000
5,000
500,000
5,000,000
5,000,000
1,000,000
1,000,000
25~000
)ESCRIPTION OF OPERATIONSILOCATIONS/VEHICLES/SPECIAL ITEMS
CITY OF PALO ALTO
CONTRACT ADMINISTRATION
P.O. BOX 10250
PALO ALTO CA 94303
~CORD 25’S (3/93)
RE: DOWNTOWN URBAN DESIGN IMPROVEMENTS PROJECT
ADDITIONAL INSURED AS PER FORM CG 20~’~ (11-85).
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED~R.F, tP-.~ES,~NTATIVE ~ ./ /,t~ ¯
"/~" ~/’"®ALrORD CORPORATION 1993
heTravelers
The Travelers Insurance Companies
Harl, ford. CT 06115
COMMERCIAL GENERAL LIABILITY
POLICY NUMBER:UJ660189K6359-95
THiS ENDORSEMENT CHANGES THE F’OLI~Y.PLEASE READ IT CAREFULLY.
~DDITIONAL IN~URED-DESIGNATED PERSON OR
OR~ANIZAT!ON
This endorse~ent modifies insurance provided under the folLowing:
COMMERCIAL GENERAL LIABILITY COVERASE PART.
SCHEDULE
NAMEOF PERSON OR ORGANIZATION;
CITY 0£ PALO ALTO
P.O. B0[ 10250
PALO ALTO, CA 94303
RE: DOWNTOWN URBAN DESIGN IMPROVEMENTS PROJECT.
(If no entry appears above, information re&uired to complete this
endorsement ~i[~ be shown in the De¢laratioms as applicable to this
endorsement.)
WHO IS AN INSURED (~ection If) is amended to include as an i~sured the
person or organization shown in the Schedule as an insured but only ~ith
respect to liability arising, out of your operations or premises o~ned by
or rented to you.
CG 2~ 26 11 85
Copyright, Insurance Services Office, Inc., 1984
PRODUCER:OFFICE~
0031 B6~/.) 0724
EXHIBIT
CERTIFICATION of NONDISCRIMINATION SECTION 410
Downtown Urban Design Improvements Project
Certification of .N0ndis~Fimination: As suppliers of goods or services to the City of Paid Alto, the
firm and individuals listed below certifies that they do not discriminate in employment with regards
to age, race, color, religion, sex, national odgin, ancestry, disability, or sexual preference; that they
are in compliance with all ¯Federa!, Slate and local directives and executive orders regarding
nondiscrimination in employment; and that they agree to demonstrate positively and aggressively
the principle of equal opportunity in employment.
The Bidder agrees specifically:
1.0 To establish or observe employment policies which affirmatively promote
opportunities for minodty persons at all )oh levels.
2.0 To communicate this policy to all persons concerned, including all employees,
outside recruiting services, especially those serving minodty communities, and to the
minority communities at large.
3.0 To take affirmative action steps to hire minority employees within the organization.
4.0 To be knowledgeable of the local, state, and federal laws and regulations concerning
affirmative action policies and provide opportunities for employees.
Firm:¯ Wallace Roberts & Todd ~AT~: 1/15/96 ..,
Title of Officer Signing:,,,,,,,~gnacio F. Bunster-Ossa, Pax~:ner-~-Charge of West Coast: Operations
Sionature ~ ~
Please include any additional information available regarding equal opportunity employment
programs now in effect within your company.
Wallace l~oberts & Todd willingly and enthusiastically attempts to comply with Federal,
Sr.ate, and ]1unicipaI Affirmative Action and Equal Opportunity codes. We hire minority
and female consultants to compliment our staff on as many projects as possible. We
believe our statistics and outreach programs reflect our good-faith effort to meet
Affirmative Action and Equal Employ’merit Opportunity requirements.
(Please attach additional pages if necessary)
Please see attached for further information concerning WRT’s Affirmative Action policies.
END OF SECTION
CITY of PALO ALTO: Non-d~::~’iminat~on (6/94)SECTION 410-I
ATTACHMENT ~: EXCERPT MINUTES ]0
POLICY AND SERVICES COMMI,
MI
Special Meeting
November 14, 1995
I.Oral Communications ..................2
Palo Alto Tree Task Force Business Plan for the Proposed
Nonprofit Tree Organization ..............
Draft Scope of Work for Downtown Urban Design Improve-
ments Project, Phase I: Feasibility and Schematic
Design "
o Revisions to the Rental Rate Structure at Cubberley and
Need for a Long-Term Financial Plan for the Cubberley
Community Center ....................
o Contracts for the Eleven Extended Day Care Sites at Palo
Alto Unified School District Elementary Schools .~
6. Future Meeting Schedules and Agendas ..........
Adjournment: The meeting adjourned at 8:50 p.m .......
2
5
i0
14
16
17
Chairperson Fazzino called the meeting to order at 7:10 p.m. in the
Council Conference Room, 250 Hamilton Avenue, Palo Alto, Califor-
nia.
PRESENT: Fazzino, Kniss, McCown, Wheeler
ABSENT : None
.~ Oral Communicat ion__s ¯
~on~.No .
2_~1o Alto Tree Task Force Business Plan for the Proposed
k_
Director" ~ Public Works Glenn Roberts said the current meeting was
a follow-u~kto the meeting of August 8, 1995, when the Policy and
Services (P&~) Committee had reviewed all of the Tree Task Force
(TTF) recommeh~dations with the exception of the business plan for
the proposed n6~profit tree organization, which had not been ready
.at .the time. Th~kconsultant had finished the business plan, which
had been presente~kto the Finance Committee on October 26: 1995, to
the Utilities Advi~rY Commission (UAC) on November l, 1995, and
supplemental informah~on had been provided to the Finance Committee
on November 9, 1995 when financing options had been discussed for
both the tree and Palo A~to Unified School District (PAUSD) schoo!
fields programs. The su~lemental information which had also been
provided to the Finance ~mmittee had been provided to. the P&S
Committee as a handout fro~ the TTF with questions and answers
regarding the proposed business plan. The UAC had voted unanimous-
ly at its November I, 1995 me~ting to recommend participation of
t~ Utility Fund in th~ amount shown in the staff report
(CMR~ The Finance Committee had accepted the report but
had taken no action except to request follow-up information which
~sen.t.ed t.o the. P&S ~mmittee. Pending the P&S
Committee’s consideration, the nextk@tep would be to return to
Council with all of the TTF items, incl~ing the nonprofit business
~!an~ _ten~ativ.e!y scheduled for Decembe~l, 1995.
Arnold Soforenko, Tree Task Force, referredkto a supplemental memo
dated N~ and said the right-hand column of Attach-
ment A indicated the number of dollars to be ~aved by the City by
having the tree group up and running. The ~otal of labor and
material would be about $26,012, which was a direct savings to the
Cit~or function of the grip; however, no
[~av~ngs would be. accru.ed.by, the e.ducational asPec~t~
hours seen
b_~we~n, th$ $on_tra.~ _and. the Ca~fo.rnia_ Conservation C~s (CCC) .
e 560
ing,
ed,
species chosen according to type of landscaping, etc., all of whm ~
amounted to approximately one hour per tree for vacant site
11/14/95 P&S: 2
~rperson Fazzino said the attractiveness of the plan had been
its~istic and conservative nature, yet with a real dash of hope
and oppo~ity to develop a group of volunteers to make the
program a suc~. Wendy Denton and the TTF deserved credit, along
with staff, for~p~ing it together. The plan was logical and
could easily be env~Q~ed over the following years. There was
also a very nice balance~een structure and nonstructure. He
~ed the emphasis on th~,~lationships with the City and was
~e tie in with the Pe]~ula Conservation Center, and
tho~ucture for success~been created. Staff’s
s~rt was very much ~ciated. The cost
op a unique
over the
te of
the City’s urban forest. The TTF had done wonderful work,ite
the fact finding 136 volunteers would be dauntin@.
MOTION PASSED: 4-0
o Draft Scope of Work for Downtown Urban Design Improvements
Project, Phase I:. Feasibility and Schematic Design
Chief Planning Official Nancy Lytle said attached to the staff
report (CMR:482:95) was a draft Scope of Work for the Downtown
Urban Design Capital Improvement Program (CIP) Project Phase I,
which had been developed with the assistance of the Steering
Committee, two members of whom were present, Jim Baer and Kathleen
Haney.
Council Member McCown asked about the timing of the Request for
Proposals (RFP).
Ms. Lytle said the schedule anticipated the contract would be
approved by Council in late February 1996, with project completion
within 9 to 12 months, and Council review of the final design in
November 1996. The project also called for an acceleration of the
fina! design of newsracks, which would come forward for implementa-
tion in the summer of 1996.
Council Member McCown suggested a public announcement with
sufficient time for public input would be valuable.
Vice Mayor Wheeler said the RFP was excellent and should attract
some excellent responses. One of the criteria found on page 4 of
Scope of Services attached to the staff report (CMR:482:95) was for
improvements not to "become dated." She asked how improvements
could be made in the design which would fit such a. criteria.
Ms. Lytle said some styles of architecture were like some styles of
clothing that were classic in nature and never went out of fashion.
Senior Planner Virginia Warheit clarified nothing "trendy" would be
used. The improvements would also be of a nature to stand up under
very heavy use over a long period of time. Wonderfu! street
furniture should look better as it aged, with elegance of line and
11/14/95 P&S: 5
natural enduring materials which only looked better rather than
something which lost its essence.
Vice Mayor Wheeler asked about the statement on page 7 of the draft
Scope of Work attached to the staff report (CMR:482:95) "clarify
and improve transitions within the project area."
Ms. Warheit said the statement related to the bullet on page 8 of
the draft Scope of Work, "Clarify and improve transitions from
surrounding residential areas into the downtown commercial area."
In the two meetings with the Steering Committee, a request had been
made not to limit transitions into residential areas only, but
there were transition problems within the areas themselves such as
the routes to public parking garages and parking lots to assist in
finding public areas, etc.
Ms. Lytle said the transition from automobile to pedestrian and
pedestrian to automobile was an issue, both of which required some
consideration.
Council Member Kniss had observed that, particularly on Sunday, in
some ways the character of Downtown took on a very different feel
and it was a touchy issue. Some corners were unconscionably dirty
and unpleasant. Certain things had begun to occur which were
troublesome.
Ms. Warheit said the issue had been on the minds of staff in the
writing of the draft Scope of Work, into which was written a review
of all of the different phases of proposed changes by the designer,
not only for design but that construction and maintenance costs be
considered. The final master plan should not just delineate the
particular fixtures, but the costs of ongoing maintenance. If a
piece of furniture could not be kept clean at a reasonable cost, it
would not be acceptable. Maintenance was essential.
Council Member Kniss said a plan of when and by whom the improve-
ments would be maintained should also be included as a critica!
aspect.
Ms. Lytle said the consultant should be asked how other cities
approached such issues. Heavily used destination main streets were
sparkling clean only through public cooperation. Retail shop
owners should be able to hose off the fronts of the shops because
retail owners knew when accidents occurred in front of a shop,
which the government would not be able to care for as expeditious-
ly. The City’s responsibility was to allow the shop owners to hose
down the areas with necessary materials.Clearly many people
complained about the level of maintenance.
Council Member Kniss said some problems occurred because the public
dropped food, etc., raising the issue of care and maintenance.
Chairperson Fazzino thought the City already had a regular steam-
cleaning program in place.
11/14/95 P&S: 6
Mr. Roberts said the City had made a concentrated effort over the
past two years to increase activities in the Downtown area both in
beautification and maintenance. A number of steps had been taken
with banners, lighting, steam-cleaning program, etc., which had
become institutionalized into the ongoing operating budget. Two
years before, maintenance had been transferred into the operating
budget from the CIP, so there were funds in the Public Works’
operating budget to maintain the improvements annually. The funds
allowed for monthly cleaning during the summer months. There was
also temporary employee help on weekends for litter pickup.
Council Member Kniss asked whether the issue was something which
should be more closely examined, expressing discomfort on Sunday
afternoons when showing off the Downtown area because of its being
less than tidy. Something should be done, possibly having staff
visit the Downtown area on a Sunday afternoon.
Mr. Roberts said City administration had recognized the need to
address the issue of Downtown cleaning, which should be addressed
in the context of the proposed plan, concurrent with the activity
of Downtown merchants, the Chamber of Commerce, and property
owners. ~
Judith Wasserman, 751 Southampton, Co-Chair of the Public Art
Commission (PAC), thanked staff for inclusion of the PAC in the
distribution of the draft Scope of Work. The last time Palo Alto
had conducted a large-scale Downtown improvement, a marked
difference had resulted. The visual and economic environment had
changed in Palo Alto, turning it into a more vibrant community.
The City should build on what had been accomplished in the past to
increase the economic and cultural vitality of Downtown. The plan
was an opportunity for the City to set an example for the private
sector in the area of public art. The PAC had done much in the way
of outreach, talking with private developers to include art in
projects. The City could demonstrate a leadership role by
including public art in the Downtown improvement project. The use
of art should be emphasized in all improvements listed in the plan,
which were great opportunities for including art. The draft RFP
should be amended to include experience and expertise in public art
in the criteria on page 20 as something the City sought from the
consultant, i.e., at least one person closely conversant with
public art. The suggestion was also made that a member of the PAC
be on the Selection Advisory Committee (SAC), just as the PAC had
been on the committee for selection of the Town Architect. Having
a person with such expertise was not difficult to find.
Council Member McCown clarified Ms. Wasserman had asked under the
expertise definition qualifications to include qualifications
regarding art in public places.
Ms. Wasserman replied yes.
Susan Wexler, 805 Tolman Drive, Stanford, Co-Chair of the Public
Art Commission (PAC), had been gratified at the progress which had
been made but was occasionally disappointed at seeing a document
such as the staff report (CMR:482:95) which failed to include an
11/14/95 P&S: 7
up-to-date art approach in terms of having an art professional as
a consultant. In every area mentioned in the plan, an artist could
be used. The P&S Committee had also been provided with a 3-page
document dated November 14, 1995, containing excerpts from the Art
and Design Master Plan for Broward County, Florida, Design Broward,
one of which stated, "roadways, byways, overpasses, underpasses,
traffic engineering, waste facilities, electrical substations,
public art, water mains...Public Art? Public art and pub!ic~
artists? Put public artists in a room with civil, structural,
mechanical, or traffic engineers and what do you get? A viable
project with creative problem solving and money saving solutions
and something that looks better, as well." The PAC should be an
integra! part of .the proposed urban design improvement plan with a
presence on the SAC. The PAC’s slide presentation should be a
resource to participants, the SAC, and workshops included in the
plan. An assurance should also be given that qualified art
professionals would be included on the consultant team so every-
thing in the plan could be addressed.
Council Member Kniss asked how cities had been able to incorporate
very dramatic art into streetscape and skyscape such as in Boston
where a large gas tank had been painted by Sister Carita~
Ms. Wexler said the Boston example had occurred prior to public art
in many major cities but was something which could occur in various
w@ys. On page 3 of her handout, Boston had been addressed with a
pavement which had been considered the best public art project of
the year. Design was not the only issue. When an artist was
involved, there were many layers of meaning which could occur and
remain interesting for a long time. There were many art consul-
tants available.
Jim Baer, 532 Channing, had been privileged to serve on the
Steering Committee, complimenting’Ms. Lytle and Ms. Warheit. There
would be an underlying tension which would exist throughout the
process. Pride was expressed for the 20 percent growth in Downtown
in retail revenues over the past five years, the result of
approximately $150 million in private investment. His own company
had spent $50 million in hard construction, $8 to $I0 million of
which had been on public works items, e.g., parking garage at 250
University, Civic Center Plaza steps, alley systems, sidewalks,
etc. Other than Utilities, Premier Property had spent more on
public works than the City since 1987-88. There had been a time
when owners and merchants had felt under represented in the urban
design guide and Council had had to suffer through some~of the
major complaints of owners about not having a voice early or
regularly which caused the merchants to realize the importance of
becoming involved. The merchants were not on the University Avenue
corner one Sunday, but 50 Sundays per year where livelihood and
advocation was the observation on an almost daily basis of the
movement of people, spending patterns, and what Worked or not. The
tension was the very healthy Downtown in the retail environment and
stable Downtown in the office environment, and a unique consolida-
tion of ownership where 5 to 7 owners controlled 65 percent of the
assessed area, creating an interest which was not selfish alone,
but knowledgeable and righteous in the knowledge and control of
11/14/95 P&S: 8
ownership. He and Chop Keenan knew what would or would not work in
the area. There was a commitment to be fully involved in the
process and a commitment to the program, to ensure it progressed
properly. There was a differentiation in quality and duration of
materials which had craftsmanship that was more durable but was
more expensive. The features could be accomplished, with a longer
vision, if there were a co-investment and a commitment that the
health of Downtown would continue to increase. Staff had done an
admirable job, but there would probably be times when abstract,
heady urban issues would come head-to-head with some of the nuts
and bolts views of merchants and owners. Council was urged to
encourage staff to continue to understand that the process was a
co-investment which would incorporate public art in many of its
details.
MOTION: Council Member McCown moved, seconded by Kniss, that the
Policy and Services Committee approve the scope of work for use in
hiring a consultant to conduct the Downtown Urban Design Improve-
ments Project, Phase I: Feasibility and Schematic Design, with the
addition that: i) the reference to expertise in the area of public
art be included to Section 7 on page 20; and 2) a member of the
Public Art Commission be included in the Selection~ Advisory
Committee.
Council Member McCown agreed with Vice Mayor Whee!er’s earlier
comments that the Scope of Work had been very well prepared and
with Mr. Baer’s comments that the City should welcome the vigorous
participation on the part of people who cared about the Downtown
area, including the PAC, property owners, business owners, and~
residents. The plan, which was moving toward specific, visible
improvements, was wonderful to work on. So many of the difficult
planning problems were so long-range, it was difficult to imagine.
Council Member Kniss said Mr. Baer had summarized the situation in
the Downtown area well, with his reminders that everyone would not
agree with everything. The comment about two-thirds of the
Downtown being controlled by a single-digit number of owners made
a big difference in coordination, easier but sometimes more
challenging. She queried whether there was a relatively stable
number of office dwellers in Downtown.
Mr. Baer said within the past 15 days there had been requests for
about 200,000 square feet of pre-qualified office uses the City
would like to see in the Downtown area.
Council Member Kniss thought retail was less stable because the
number moved more frequently.
Vice Mayor Wheeler said as the City went through a rather painful
process with the Comprehensive Plan, staff had indicated some
willingness to change, which was positive to see. In the past,
when some of the Downtown owners had asked the City to do something
to make Downtown more attractive, the City’s response had been
negative. There had been a change in that regard as well. Good
product would undoubtedly be the result of the project.
11/14/95 P&S: 9
Chairperson Fazzino was pleased to support the motion and was very
pleased with the draft Scope of Work, the purpose of the effort to
put together a high quality design scheme which would not become
dated. The City needed to concentrate on infrastructure, public
art, newsracks, benches, etc., which would be long-lasting and
enduring. Staff was asked about the attempt to guard against the
one underlined statement on page 4 of the draft Scope of Services
attached to the staff report (CMR:482:95), "The plan should build
on existing conditions, proposing only those changes that are
required to achieve the desired results."
Ms. Warheit said the Scope of Work was meant for designers and the
desire was for the designer to know the City was not seeking to
eliminate everything which existed, but to use whatever already
existed which was of value.
Ms. Lytle said staff and the committee had resolved early in the
process that the money ~hould not be used for a plan which the City
could never afford to implement. The desire was to work within
current curb lines, etc., not making major revisions to the basic
framework of Downtown other than furniture, etc.
Chairperson Fazzino clarified the aspects of the proposal might be
dramatic in nature as long as not inconsistent with decisions made
20 to 40 years before which would require nigh impossible financial
investment to bring about changes.
Ms. Warheit said the underlying fiscal conservatism meant there was
a certain amount of money, not an unending supply, which had to be
spent on building on what already existed, rather than removing
something which did not have to be removed.
Mr. Baer said the way staff and the Steering Committee had resolved
the issue was curb-to-curb~ meaning the shape of intersections
would not be changed. The investment would be in the quality of
materials inside the shape.
MOTION PASSED: 4-0
4.~Revisions to the Rental Rate Structure at Cubberley and Nee4
~tn~ a Lonq-Term Financial Plan for the Cubberley Community
Cen~e~ ....... ~-~.
Real Property Manag~_~ Bil! Feilman said the recommended revision to
the rental rate strdt~t~4re at Cubberley was an issue dealing with
fairness. When the or~-i~al lease and covenant not to develop
began in January 1990, the"~<~y inherited leases which the Palo
Alto Unified School District ~P4~SD) had negotiated at a rate
higher than the nonprofit rate e~lished by Council. Staff
proposed reducing rents for four tenan~a~at Cubberley in order to
have all nonprofits pay the same Council~tablished nonprofit
rate. The four nonprofit tenants to be affec~be~were Syntax Day
Care, Zohar Dance Company, Hua Kuang Chinese Read~oom, and the
Palo Alto Preparatory School. Included in the ~f report
(CMR:457:95) was a forewarning of a larger issue.w_ith whl~q~staff
was dealing with regarding a long-term financial plan be~e