HomeMy WebLinkAbout1996-12-02 City Council (10)TO:
FROM:
AGENDA DATE:
SUBJECT:
City of Palo Alto
City Manager’s Report
HONORABLE CITY COUNCIL
CITY MANAGER DEPARTMENT: Planning and
Community Environment
December 2, 1996 CMR:488:96
Approval of Contract with Barbara A. Judy for Administration
of Interim Regulations for Residential Buildings Constructed
Prior to 1940
3
REQUEST
This is a request for approval of a contract with Barbara A. Judy in the amount of $75,000
for the current fiscal year, and for an additional $125,000 for the fiscal year 1997-98 if City
Council appropriates funding for the second year, to administer the Interim Regulations for
Historic Merit Evaluation and Design Review for pre-1940 residential buildings.
RECOMMENDATIONS
Staff recommends that Council:
Approve and authorize the Mayor to execute the attached contract with Barbara A.
Judv in the amount of $75,000 for fiscal year 1996-97 and, if Council appropriates
funds for the second year upon reviewing the Interim Regulations in four months, an
additional $125,000 for the fiscal year 1997-98.
POLICY IMPLICATIONS
The approval of this contract is consistent with existing policies. The policy implications of
the Interim Regulations were discussed in CMR:417:96 and CMR:451:96.
EXECUTIVE SUMMARY
Project Description
The work to be performed under the contract is for administering all aspects of the Interim
Regulations adopted byCity Council on October 28, 1996, regarding residential buildings
constructed prior to 1940. The Contractor’s team consists of Barbara A. Judy, a licensed
architect with extensive experience in historic preservation, and her technical assistant,
CMR:488:4 Page 1 of 4
Catherine Watts. Ms. Judy’s primary responsibilities include 1) organizing and
administering the Interim Regulations program; 2) conducting Historic Merit Screenings and
supporting the Historic Resources Board in conducting Historic Merit Evaluations;
3) meeting with applicants and reviewing plans for substantial remodels of Contributing
buildings or replacement structures for compliance with the Compatibility Review Standards;
4) supporting the HRB in their review of proposed changes to Landmark buildings;
5) developing materials and conducting public information and education activities to help
applicants and the general public understand the purpose and operation of the Interim
Regulations program. Ms. Judy will report directly to the Chief Planning Official. The
technical assistant will review plans for zoning compliance, prepare public notices, meeting
agendas and other materials to support the HRB, and provide word processing and other
general program assistance.
In addition to this two-person team, the contract provides that the Contractor may subcontract
for the services of other professionals to provide special expertise, if needed and with prior
approval of the city. For example, if a project requires substantial historical research, this
service could be provided most effectively and economically by an architectural historian.
Selection Process
On November 5, 1996, staff sent a job description to eleven firms, agencies and
organizations active in historic preservation, followed by phone calls, in an effort to spread
the word in the preservation community that the City was seeking professional assistance
with a new preservation program. In the following two weeks, staff received inquiries from
eleven firms or teams of individuals, with seven of these submitting a Letter of Interest and
Qualifications. The outreach period was necessarily short, since the Contractor needed to
be selected and the contract approved by the time the Interim Regulations go into effect at
the end of the Moratorium period, November 30, 1996.
A selection committee consisting of the Chief Planning Official and a Senior Planner
reviewed Letters of Interest and Qualifications and selected three finns and two teams of
individuals to interview. The committee carefully reviewed each firm’s submittal and
evaluated the interviews relative to the following criteria: experience as a licensed
Preservation architect; familiarity with the types of residential architecture found in pre-1940
neighborhoods in Palo Alto; experience with neighborhood preservation issues; ability to
work in a supportive manner with homeowners and the general public; presentation skills;
organizational skills; public agency experience; and potential for efficient and cost effective
program administration. The team of Barbara A. Judy and Catherine Watts was selected
because Ms. Judy has extensive experience as a preservation architect and with
neighborhood preservation issues; both she and Ms. Watts have a strong interest and
experience in community education; the team evidences strong interpersonal, presentation
and organizational skills; and this particular two-person team has the skills necessary to
CMR:488:4 Page 2 of 4
administer the Interim Regulations program in a more efficient and cost effective way than
may be possible with a larger firm, in which a larger number of staff members would be
involved and greater overhead costs incurred.
FISCAL IMPACT
Funds in the amount of $75,000 were allocated for this project by City Council in a Budget
Amendment Ordinance on October 28, 1996. It is nov,, expected that this amount will
support the program as described in the contract through June 30, 1996. The contract can be
terminated by the City without penalty if additional funds are not budgeted. Should the
Council decide to continue the contract upon reviewing the Interim Regulations in four
months, the total cost from December 1996 through June 1998 would be approximately
$200,000. Cit3, Council action on October 28, 1996 directed that certain aspects of the
Interim Regulations program will be conducted on a cost recovery basis. The cost of the
contract to the City will be reduced by the amount recouped through cost recovery.
ENVIRONMENTAL ASSESSMENT
These services do not constitute a project for the purposes of the California Environmental
Quality Act.
ATTACHMENTS
Attachment A:
Attachment B:
Attachment C:
List of Respondents
Contract
Letter of Interest and Qualifications for Barbara A. Judy
and Catherine Watts
PREPARED BY: Virginia Warheit, Senior Planner
DEPARTMENT HEAD REVIEW:
KENNETH R. SCHREIBER
Director of Planning and
Community Environment
CITY MANAGER APPROVAL:
City Manager
CMR:488:4 Page 3 of 4
CC:Historic Resources Board
Barbara A. Judy, 60 Dearborn Street, #6, San Francisco, CA 94110
CMR:488:4 Page 4 of 4
Attachment A
List of Respondents
Letters of Interest and Qualifications were received from the following firms or individual
teams:
o
°
o
o
Glenn David Matthews, AIA
Dames & Moore
Barbara A. Judy, Catherine Watts
Carey & Co.
Architectural Resources Group
Allison Kendall, Craig Mineweaser, Tanja Mai
Steve Pasion
CONTP~ACT NO.
BETWEEN THE CITY OF PALO ALTO AND
BARBARA JUDY
FOR CONTRACT PROFESSIONAL SERVICES
Attachment B
This Contract No; is entered into this day of
, 1996, by and between the CITY OF PALO ALTO, a
chartered city and a municipal corporation of the State of
California ("CITY"), and BARBARA JUDY, ("CONTRACTOR"), a sole
proprietor and California licensed architect located at 60 Dearborn
Street, No. 6, San Francisco, CA 94110 (Taxpayer ID No. 261-17-
9915).
RECITALS:
WHEREAS, CITY desires certain contract professiona!
services "Services"), as more fully described in Exhibit "A"; and
WHEREAS, CITY desires to engage CONTRACTOR in providing
the Services by reason of CONTRACTOR’s qualifications and
experience in performing such Services, and CONTRACTOR has offered
to provide the Services 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:
SECTION !. TERM
i.! This Contract wil! commence on the date of its
execution by CITY and shall continue in full force and effect unti!
terminated as provided herein. Time is of the essence of this
Contract. The obligation of CONTRACTOR to perform the Services
wil! commence in accordance with this Section. It is understood
and agreed that the services to be performed by CONTRACTOR will be
in response to various development applications and projects, as
assigned by CITY, and that the work schedule wil! necessarily
follow the timing and legal requirements related to the processing
of such applications.
1.2 This Contract is for an initia! period lasting to the
end of the City’s fiscal year on June 30, 1998, and may be extended
by mutua! written agreement of CITY and CONTRACTOR.
SECTION 2. QUALIFICATIONS, STATUS, AND DUTIES OF
CONTRACTOR
2.1 CONTRACTOR represents and warrants that it has the
expertise and professional qualifications to furnish or cause to be
furnished the Services. CONTRACTOR further represents and warrants
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that the project director and every individual charged with the
performance of the Services under this Contract 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.
2.2 In reliance on the representation and warranty set
forth in Section 2.1, CITY hires CONTRACTOR to perform, and
CONTRACTOR covenants and agrees that it wil! furnish or cause to be
furnished, the Services.
2.3 Barbara Judy shall perform all work on behalf of
CONTRACTOR, except as otherwise permitted under this Contract, and
shall have overall responsibility for the progress and execution of
this Contract for CONTRACTOR. In order to perform the Services, it
is agreed that CONTRACTOR shal! obtain the services of a Technical
Assistant or Assistants to perform certain tasks such as plan
checking and preparation of notices, agendas, and other documents.
In addition, upon request by CITY, CONTRACTOR shall obtain the
services of additional qualified professionals to assist in
performance of the Services to be provided hereunder. No work
under this Contract shall be performed by the Technical Assistant
or any other person other than CONTRACTOR, except upon written
approval by the Director of Planning and Community Environment or
the Chief Planning Official.
2.4 CONTRACTOR represents and warrants that it will:
2.4.1 Procure all permits and licenses, pay al!
charges and fees, and give al! notices which may be necessary and
incident to the due and lawful prosecution of the Services;
2.4.2 Keep itself reasonably informed of all existing
and future Federa!, State of California, and !ocal laws,
ordinances, regulations, orders, and decrees which may affect those
engaged or employed under this Contract, any materials used in
CONTRACTOR’s performmnce under this Contract, or the perfo_rmmnce of
the Services;
2.4.3 At al! times observe and comply with, and cause
its employees and contractors (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
2.4.4 Will 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 any plans, drawings, specifications or provisions of
this Contract.
2.5 Any reports, information, data or other material
given to, or prepared or assembled by, CONTRACTOR or its
contractors, if any, under this Contract will become the property
of CITY and wil! not be made available to any individual or
96! 125 lac 008041-i
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organization by CONTRACTOR or its contractors, if any, without the
prior written approva! of the city manager.
2.6 CONTRACTOR will provide CITY with the required
number of originals and copies of the reports, letters, memos,
schedules, drawings, documentation and other writings, if any,
which may be required under Exhibit "A" to this Contract, upon
completion and acceptance of the same by CITY.
2.7 If CITY requests additional copies of reports,
drawings, specifications or any other material which CONTRACTOR is
required to furnish in limited quantities in the performance of
the Services, CONTRACTOR will provide such additional copies and
CITY wil! compensate CONTRACTOR for its duplication costs.
2.8 CONTRACTOR will be responsible for emp!oying or
engaging al! persons necessary to perform the Services. All
contractors of CONTRACTOR will be deemed to be directly controlled
and supervised by CONTRACTOR, which will be responsible for their
performance. If any emp!oyee or contractor of CONTRACTOR 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 contractor wil! be discharged immediately from further
performance under this Contract on demand of the project manager.
2.9 It is expressly agreed that in the performance of
the professional services required under this Agreement, CONTRACTOR
and any of its subcontractors or emp!oyees shall at al! times be
considered independent contractors and not agents or employees of
CITY.
SECTION 3.DUTIES OF CITY
3.1 CITY will furnish or cause to be furnished the
specified services set forth in Exhibit "A" and such other
information regarding its requirements as may be reasonably
requested by CONTRACTOR.
3.2 The City Manager will represent CITY for all
purposes under this Contract. The Director of Planning and
Community Environment is designated as the project manager for the
city manager. The project manager will supervise the performance,
progress, and execution of the Services.
3.3 If CITY observes or otherwise becomes aware of any
default in the performance of CONTRACTOR, CITY wil! use reasonable
efforts to give written notice thereof to CONTRACTOR in a timely
manmer.
SECTION 4 COMPENSATION
4.1 In consideration of the full performance of the
Services by CONTRACTOR, CITY will pay CONTRACTOR at the hourly
rates set forth in Exhibit "D," payable within thirty (30) days of
submission by CONTRACTOR of its itemized billings, in triplicate;
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provided, however, the total sum payable to CONTP~ACTOR hereunder
wil! not exceed Seventy-Five Thousand Dollars ($75,000) through the
fiscal year ending June 30, 1997, nor a total of Two Hundred
Thousand Dollars ($200,000) through the term of the Contract.
SECTION 5. AUDITS
5.1 CONTRACTOR will permit CITY to audit, at any
reasonable time during the term of this Contract and for three (3)
years thereafter, CONTRACTOR’s records pertaining to matters
covered by this Contract. CONTRACTOR further agrees to maintain
and retain such records for at least three (3) years after the
expiration or earlier termination of this Contract.
SECTION 6. INDEMNITY
6.1 CONTRACTOR 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 !oss, caused by or arising out of CONTRACTOR’s, its
officers’, agents’, subcontractors’ or emp!oyees’ negligent acts,
errors, or omissions, or willful misconduct, or conduct for which
applicable law may impose strict liability on CONTRACTOR in the
performance of or failure to perform its obligations under this
Contract.
SECTION 7. WAIVERS
7.1 The waiver by either party of any breach or
violation of any covenant, 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 other term, covenant, condition,
provisions, ordinance or law, or of any subsequent breach or
violation of the same or of any other term, covenant, condition,
provision, ordinance or law. 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 term, covenant, condition or provision of
this Contract or of any applicable law or ordinance.
7.2 No payment, partia! payment, acceptance, or partial
acceptance by CITY wil! operate as a waiver on the part of CITY of
any of its rights under this Contract.
SECTION 8. INSURANCE
8.1 CONTRACTOR, at its sole cost and expense, will
obtain and maintain, in ful! force and effect during the term of
this Contract, the insurance coverage described in Exhibit "B",
insuring not only CONTRACTOR and its contractors, if any, but also,
with the exception of workers’ compensation, emp!oyer’s liability,
and business liability insurance, naming CITY as an additiona!
insured concerning CONTRACTOR’s performance under this Contract.
8.2 All insurance coverage required hereunder will be
provided through carriers with Best’s Key Ratinq Guide ratings of
A:X or higher which are admitted to transact insurance business in
the State of California. Any and all contractors of CONTP~ACTOR
retained to perform Services under this Contract will obtain and
maintain, in full force and effect during the term of this
Contract, identica! insurance coverage, naming CITY as an
additional insured under such policies as required above.
8.3 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 wil! be subject
to the approva! of CITY’s risk manager and wil! contain an
endorsement stating that~ the insurance is primary coverage and will
not be canceled or altered by the insurer except after filing with
CITY’s city clerk thirty (30) days’ prior written notice of such
cancellation or alteration, and that the City of Pa!o Alto is named
as an additiona! insured except in policies of workers’
compensation, employer’s liability, and business 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.
8.4 The procuring of such required policy or policies of
insurance will not be construed to limit CONTRACTOR’s liability
hereunder nor to fulfill the indemnification provisions of this
Contract. Notwithstanding the policy or policies of insurance,
CONTRACTOR wil! be obligated for the ful! 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 9. WORKERS’ COMPENSATION
9.1 CONTRACTOR, 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
it wi!l comply with such provisions, as applicable, before
commencing the performance of the Services.
SECTION !0.
SERVICES
TERMINATION OR SUSPENSION OF CONTRACT OR
i0.! The City Manager may suspend the performance of the
Services, in whole or in part, or terminate this Contract, (a) im-
mediately, for cause, or (b) by giving thirty (30) days’ prior
written notice thereof to CONTRACTOR if no cause for suspension or
termination exists. Upon receipt of such notice, CONTRACTOR will
immediately discontinue its performance of the Services.
961125 la,: OOSO-ila
10.2 CONTRACTOR may terminate this Contract or suspend
its performance of the Services, in whole or in part, by giving
thirty (30) days’ prior written notice thereof to CITY.
10.3 Upon such suspension or termination by CITY,
CONTRACTOR wil! be paid for the Services actually rendered to CITY
on or before the effective date of suspension or termination;
provided, however, if this Contract is suspended or terminated on
account of a default by CONTRACTOR, CITY will be obligated to
compensate CONTRACTOR only for that portion of the Services which
are of direct and immediate benefit to CITY, as such determination
may be made by the city manager acting in the reasonable exercise
of her discretion.
10.4 Upon such suspension or termination, CONTRACTOR will
deliver to the city manager immediately any and all copies of
studies, sketches, drawings, computations, and other data, whether
or not completed, prepared by CONTRACTOR or its contractors, if
any, or given to CONTRACTOR or its contractors, if any, in
connection with this Contract. Such materials will become the
property of CITY.
10.5 The failure of CITY to agree with CONTRACTOR’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 CONTRACTOR to fulfill its obligations under this Contract.
SECTION I!.ASSIGNMENT
!i.! This Contract is for the personal services of
CONTP~ACTOR, therefore, CONTRACTOR wil! 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 wil! not be
deemed to be a consent to any subsequent assignment. Any
assignment made without the approval of the city manager will 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 12. NOTICES
12.1 Al! notices hereunder wil! be given in writing and
mailed, postage prepaid, by certified mail, addressed as fol!ows:
To CITY:Office of the City Clerk
City of Palo Alto
Post Office Box 10250
Paio Alto, CA 94303
To
CONTRACTOR:Barbara Judy
60 Dearborn Street, No. 6
San Francisco, CA 94110
961125 tac 0080414
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SECTION 13. CONFLICT OF INTEREST
13.1 In accepting this Contract, CONTRACTOR 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.
13.2 CONTRACTOR further covenants that, in the
performance of this Contract, it will not employ any contractor or
person having such an interest. CONTRACTOR certifies that no
person who has or wil! have any financial interest 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 14.NONDISCRIMINATION
14.1 As set forth in the Palo Alto Municipal Code, no
discrimination wil! be made in the employment of any person under
this Contract because of the age, race, color, nationa! origin,
ancestry, religion, disability, sexual preference or gender of that
person. If the value of this Contract is, or may be, five thousand
dollars ($5,000) or more, CONTRACTOR agrees to meet all
requirements of the Palo Alto Municipal Code pertaining to
nondiscrimination in employment, including completing the requisite
form furnished by CITY and set forth in Exhibit "C".
14.2 CONTRACTOR agrees that each contract for services
with an independent provider wil! contain a provision substantially
as follows:
"[Name of Provider] will provide CONTRACTOR with a
certificate stating that [Name of Provider] is
currently in compliance with al! Federal and State
of California laws covering nondiscrimination in
emp!oyment; 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, co!or,
national origin, ancestry, religion, disability,
sexual preference or gender of such person."
14.3 If CONTRACTOR is found in violation of the
nondiscrimination provisions of- the State of California Fair
Employment Practices Act or similar provisions of Federa! law or
executive order in the performance of this Contract, it will 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 acts of
9611 "5 lac 008041-I
discrimination, as damages for breach of contract, or both. Only
a finding of the State of California Fair Employment Practices
Commission or the equivalent federal agency or officer will
constitute evidence of a breach of this Contract.
14.4 If CONTRACTOR is in default of the nondiscrimination
provisions of this Contract or the Affirmative Action Guidelines
pertaining to this Contract, CONTRACTOR will be found in material
breach of this Contract. Thereupon, CITY will have the power to
cance! or suspend this Contract, in whole or in part, or to deduct
from the amount payable to CONTRACTOR the sum of two hundred fifty
dollars ($250) for each calendar day during which CONTRACTOR is not
in compliance with this provision as damages for breach of
contract, or both.
SECTION 15.MISCELLANEOUS PROVISIONS
15.1 CONTRACTOR represents and warrants that it has
knowledge of the requirements of the 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. CONTRACTOR will comply with or ensure by its
advice that compliance withsuch provisions will be effected in the
performance of this Contract.
15.2 This Contract will be governed by the laws 6f the
State of California, excluding its conflicts of law.
15.3 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.
15.4 The prevailing party in any action brought to
enforce the provisions of this Contract may recover its reasonable
costs and attorneys’ fees expended in connection with that action.
15.5 This document represents the entire and integrated
agreement between the parties and supersedes al! prior negotia-
tions, representations, and contracts, either written or oral.
This document may be amended only by a written instrument, which is
signed by the parties.
!5.6 All provisions of this Contract, whether covenants
or conditions, will be deemed to be both covenants and conditions.
15.7 The covenants, terms, conditions and provisions of
this Contract will apply to, and will bind, the heirs, successors,
executors, administrators, assignees, and contractors, as the case
may be, of the parties.
15.8 if a court of competent jurisdiction finds or rules
that any provision of this Contract or any amendment thereto is
void or unenforceable, the unaffected provisions of this Contract
and any amendments thereto will remain in full force and effect.
15.9 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.
15.10 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.
15.11 This Contract is subject to the~fiscal provisions
of the Charter of the City of Palo Alto and the Palo Alto Municipal
Code. This Contract will terminate without any penalty (a) at the
end of any fisca! 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 fiscal year and funds for this Contract are no longer
available. This Section 15.11 shall 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 Mayor
APPROVED AS TO FORM:
Senior Asst. City Attorney
APPROVED:
By:
rbara Judy
Taxpayer’s I.D. No. 261-17-9915
City Manager
Director of Planning and
Community Environment
Deputy City Manager
Administrative Services
Risk Manager
961125 ~a: 00g04~,4
Attachments :
EXHIBIT "A" :
EXHIBIT "B" :
EXHIBIT "C" ¯
EXHIBIT
SCOPE OF SERVICES
INSURANCE
NONDISCRIMINATION COMPLIANCE FORM
RATE SCHEDULE
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CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code § 1189)
STATE OF ~/f~/q]4~)
)
)
On //Z~’#~, before me, the undersigned, a notary public
in and ~_Qr said County, personally appeared
=___ona!!y .~..~....~ ....... ~__ m~- (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s) is/e~-
subscribed to the within instrument, and acknowledged to me that
~/she/t-~ executed the same in h-i-~/her/the-i-r authorized
capacity(ies), and that by 4~-~/her/t~ signature(s) on the
instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS hand an, official seal.
OOMM, #1090538
Notary Public - Oalitornta
SAN FRANCISCO COUNTY
My O0mm Exp I~r 15, 2000
961125 lac 0080414
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EXHIBIT A
Interim Regulations for Historic Merit Evaluation and Design Review Program
Scope of Services
Purpose of the Program
The purpose of this program is to implement the Interim Regulations for Historic Merit
Evaluation and Design Review required for residential structures constructed prior to 1940, as
adopted by the City Council on October 28, 1996. These regulations will be in effect until they
are replaced by permanent regulations, including updating and revisions to the city’s Historic
Preservation Ordinance and the Historic Inventory, aprocess that is expected to take at least one
year and possible as long as two years. The program includes evaluating the historic merit of
pre-1940 residential buildings prior to issuance of any building permit or demolition permit,
review by the Historic Resources Board of any proposed exterior changes to Landmarks
structures, and assessment of proposed plans for major remodels or replacement of Contributing
structures.
Work Program
The Contractor will be responsible for administering all aspects of the Historic Merit Evaluation
and Design Review program under the Interim Regulations and will report directly to the Chief
Planning Official. The Contractor’s role is advisory to the Director of Planning and Community
Environment.
The Contractor will subcontract for the services of one or more technical/support assistants to be
responsible for checking plans for zoning compliance, word processing and other clerical
responsibilities and general program assistance. At the city’s discretion and with the concurrence
of the city, the Contractor may also subcontract with an architectural historian or historic
architect to provide specialized professional skills in the event that such expert assistance is
required.
Primary responsibilities include:
A.Historic Merit Assessment
Initial Screening. When an application has been submitted for Historic Merit
Assessment of a pre-1940 residential building, the Contractor will conduct the
inital screening, including a visit to the site, to determine whether the building
may have historic merit.
Historic Merit Evaluation. If it is determined that a building may have historic
merit, the Contractor will conduct research and prepare documentation, a staff
No
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report, and recommendation necessary to support the Historic Resources Board in
determining the historic significance of the building-- whether the building has
historic merit and, if so, whether it is a Landmark or a Contributing building-- and
will attend the Historic Resources Board meetings.
Design Review
The Contractor will review architectural plans for substantial remodels of Contributing
buildings and for new houses that replace historic houses that are demolished to
determine whether the plans comply with the Compatibility Review Standards. The
Contractor will assist and advise applicants in understanding the purpose and
requirements of the Compatibility Review Standards and in designing their building so
that it complies with the Standards.
The Contractor will work with applicants proposing changes to Landmark buildings to
assist them in understanding and complying with the Standards for review, and will
prepare staff reports and recommendations supporting the Historic Resources Board in
their evaluation of proposed alterations to Landmark buildings for compliance with the
Secretary of the Interior’s Standards and Guidelines for Historic Rehabilitation, and will
attend the Historic Resource Board meetings.
Appeals
The Contractor will process all appeals to any appealable decision in the Interim
Regulations, including public noticing, preparing documentation and staff reports and
presenting the appeal to the Cit), Council with graphics or visual aids that may be
required to make the issues clear to the Council and the general public.
Program Coordination
The Contractor will organize all activities that are necessary to carry out the program.
This will included having regularly scheduled hours for meeting with applicants in Palo
Alto on at least two days each week. The Contractor will be responsible for coordination
with applicants, members of the Historic Resources Board, the city staff, and elected
officials, and regular attendance at meetings of the Historic Resources Board and
attendance at City Council meetings as needed.
Public Information and Education
The Contractor will respond to inquiries from applicants, the press and members of the
genera! public regarding the purpose and operation of the program. She/he will develop
outreach activities, such as attending neighborhood meetings, and prepare educational
materials, such as photo displays, to help convey the principles and concepts of the
program to the community.
Progress Reports
The City Council has directed staff to return to Council after four months to report on the
status of the program and to recommend any changes that may need to be made to the
Compatibility Review Standards or other aspects of the Interim Regulations, based on
experience implementing the program. Council may request additional progress reports
as the progam continues. The Contractor will be responsible for monitoring the program
for purposes of providing information to support the Chief Planning Official in preparing
and presenting these progress reports and recommendations to the City Council, and will
provide graphics or other visual aids that may be needed.
Support for the Historic Resources Board
The Contractor will support the Historic Resources Board in implementing the Interim
Regulations with staff reports, containing findings and conditions, minutes, agendas,
legal ad preparation, legal notifications, other supplemental materials for the Historic
Resources Board and public record and file keeping for all applications associated with
the Interim Regulations. All reports, notices and other materials will be prepared in
conformance with the city’s established format and standards.
Advise and Assist the Director of Planning and CommuniD, Environment
The Director may request the advice and assistance of the Contractor on other matters
related to carrying out the city’s historic preservation policies and programs.
C:\virginia\scope
11:32 4!5 777 825~MIF INSURANCE
EXHIBIT "B"
November 27, 1996
Palo Alto City Hail
Attn: Ms. Virgina Warheit
250 Hamilton Avenue, 5th Floor
Palo Alto, California 94303
Re:Binder of Insurance
insured: Ms. Barbara Judy
Business Owners Insurance
Hartford Insurance Company
binder Number: 955
Dear Ms. Warhei t :
Enclosed is a Revised insurance binder covering our insured for
30 days in respects to the above captioned binder. This binder
provides proof of insurance until the policy is received by our
office. Upon receipt of the original policy, we will send you a
certificate of insurance or a copy of the policy.
We trust you will find the enclosure satisfactory and should you
have any questions, please contact our office.
Thank you for letting us be of assistance on this matter.
Sincerely,
Bruce Iwafu~hi
55 Hawthorne Street * Suite 433 ¯ San Fraqcisco. CA 94105 o Telephone: {415) 777-5411 ¯ FAX: [415) 777-0258 ¯ License Number 0468253
MIF Insurance Agency
55 Hawthorne Street
Suite # 430
San Francisco, CA 94105
.., ~_u~.?.,~:
~ub~ ~: 000959
B]
Barbara Judy
60 Dearborn Streeet, #6
San Francisco, CA 94110
.~’E o~,~N~u~.~, ........... co,~.~r-o~m .................. . A_.~_.U_NT _ ’,. ~.~_~’r~’.-~ co,~-,,
PROPERTY CAUS~SOFLQ~S Business Personal Property $3,000)! 250, ! 90
---~,~s:c ~SRO~S~E¢ Loss of Income (Actual Loss Sustained) 12 months ’
Computer Equfpmeug & Hedia
A ANY AUTO
ALL C~ED AUTOS
I ~HEI:)U~ ;:D ALrT, OS
~..[-ffF~ AUTOS
NON-OWNED A’,.ffOS
R,ETRO DATE FC~ CLAIMS MADE:
AUTO PHY~AL DAMAGE DE[X.K::TiBLE
OTHER THAN CO’,.:
OARA Q E L ~,.BlUTY
_~ANY AUTO
~J(C £~8 LL~B4t.JTY
OTH~R TH~N UMIBRELL~ FCRM
CO~;)~TIOH
ANDF.JIIIPLOY ER’B L~ILITY
. j ALLVE~CLES ~ SC H E{~,,.A. E D VIEHICLE S
RETRO OATE FOR CLAIMS
PERSONAL INJURY PROT $
UNINSURED MOTORIST $
I ACTUALCASHVALUE._ -
i STATED AII~:~NT $
i OTHFR
AUTO ONLY ¯ EA ACCIDENT
OTHER THAN AUTO CXNLY:
~CH ACCI~NT
~LFJNSUR~D RE~N~
] STATUT~Y LIMRS
DI~ASE - POLICY LI~T
employees ~ but~, * The City of Palo Alto, its officers, agents &only
~o~ as to work performed under contract.
’ WK:)RTQAQEE ~ AZW:WIIONAL iNSURED
Palo Alto City Hall *Loss eASE J __L
Aria: Ms. Vlrgina Warhe|t
250 Hanfllon Avenue, 5th Floor
Palo Alto, CA. 94303
LOAN ,~
&UTHORrtEO REPRF,.SENTATIVE ,./) /~, /f
11:34 ~ 415 777 8258
CONDITIONS
This Company binds the kind(s) of insurance stipulated on the reverse side. The insurance ts subject to the
terms, conditions and limitations of the policy(ies) In current use by the Corr~pany.
This binder may be cancelled by the Insured by eurrender of this binder or by written notice to the Company
stating when canceflation wil} be effective. This binder may be cancelled by the Company by notice to the
Insured in accordance with the policy condi’,ions. This binder is cancelled when replaced by a policy, if this
binder is not replaced by a policy, the Company is entitled to charge a premium for the binder according to the
Rules and Rates in use by the Company.
Applicable in California
When this form is used to provide insurance in the amount of one million dollars ($I,000,000) or more, the title
of the form is changed from ’insurance Binder" to "Cover Note’.
Applicable In Delaware
The mortgagee or Obligee of any morlgage or other instrument given for the purpose of creating a lien on real
property shall accept as evidence ot insurance a written binder Issued by an authorized insurer or its agent ff
the binder includes or is accompanied by: the name and address of the borrower; the name and address of the
lender as loss payee; a description of the insured real property; a provision that the binder may not be canceled
within the term of the binder unless the lender and the insured borrower receive written notice of the cancel-
lation at least ten (10) days prior to the cancellation; except In the case of a renewal of a policy subsequent to
the closing o! the loan, a paid receipt of the full amount of the applicable premium, and the amount of
insurance coverage.
Chapter 21 Title 25 Paragraph 2119
Applicable In Nevada
Any person who refuses to accept a binder which provides coverage of less than $1,000,000.00 when proof is
required: (A) Shall be fined not more than $500.00, and (B) is liable to the party presentin9 the binder as proof
of insurance for actual damages sustained therefrom.
EXHIBIT "C"
SECTION 410
intedm Historic Evalu=tion & Design Review I=rbg~am
oppoflun~ies for rNno~hi persons at ~ job levet:~.
2.0 To communicate this poiicy to el~ pe~scer~ concerned, inclu~bg a~ ernp~/ees,
o~side recking .~,erv~:es, espec~ly tho.ce servinO minofl~ c~mn~umities, and to the
NO INFORMATION AVAILABLE
~ND ~F
C~T~ of P’ALO ALTO: N=r~d~=dm~o~ (~ }$~;TION 410-I
EXHIBIT "D"
RATE SCHEDULE
CONTRACT FOR PROFESSIONAL SERVICES
with the CITY OF PALO ALTO
November 25, 1996
PRESERVATION ARCHITECTURE PROFESSIONAL SERVICES
Senior Preservation Architect $80 / HR
Teelmical Assistant $36/HR
The services of additio~~al professionals may be retained under this
contract at the request of the City, Rates for additional professionals
shall be the standard prevailing rates for the services con’unissioned.
Rates shall be approved by the City in writing prior to retaining the
smwices of additional professionals.
DIRECT EXPENSES
Rein’tbu.rsable expenses shall include the cost of reproduction and
handling of reports and documents, photography, and other expenses
as approved by the City, Reimbursable expenses shall be approved
in writing by the City prior to being incurred.
068686~3~71031IHO~.~3~70 ~ ~ LO: ~0 NO~ 96--1-~--6ON
.SPEEDY TEL Noo415-621-1597 Nov 8~96 9:~0 NolO02
BAIOJARA A. JUDY
PRESERVATION
ARCHITECT
(fax) 571-95o2
@ sirius.corn
November 7, 1996
Attachment C
Ms. Virginia Wad~eit
Plamfing Department
Palo Alto City Hall
250 Hamilton Avenue
Palo Alto, California 94301
RE: Interim Historic Evalualion and Design Review Program
Dear Ms. Warheit:
This letter responds to your request for consulting support in implementing fl~e City of
Palo Alm’s lnlcrim Historic Evaluation ~nd Design Review Program. As I understand
the City’s program, it represents an exciting opportunity to assisl the planning staffand
the community in achieving a coherent preservation strategy for ~rcas of the city with an
established architectural character. I belicvc Ihal objective planning crileria is the best
vehicle for managing community growth in u prcscrw~tion-sensitivc mnnner. It would bc
a pleasure to assist the City of Palo Alto in achieving this end!
Palo Alto has neighborhood s corn posed of pro-1940 period slruclures: some of which are
acknowledged in a useful but out-of-date his|otto inventor3,. Proposals tbr alteration of
these structures may require analysis of historic .~ignificauce, review of the appropriate-
hess of proposed revisions, and preparation of findings for the Historic Resources Board
and/or City Council.
The program also calls for working with the public, the f tistoric Resources Board, staff,
and others to develop objective prcserw~tion criteria lhal achieves flae eommunily’s goal
of stabilizing neighborhood character. The program .~ccks lo retain existing broad public
support by empha.~izing education of the public on issues of architectural character.
My sixteen-year career in architcclurai practice provides me the depth of experience
needed to assist the City effectively. My preservation archilecttlre background includes
work on structures and districts, major public buildings and residentia! buildings. I am
pleased "to have Catharine Waits as nay assi.~taul, as she bring,~ both commitment to
preservation and a meticulous approach to all of her assignments.
A key feature of the program is ils reliance on the de.~ign evaluation process: my back-
ground as a designer and in application of Ti~e A’ecr~:taO, ~ the lnterior’s St~mdards will
facilitate tha~ process. A second key fealure of the program is its emphaxis on education:
both myself and Catharine Watts arc educators on the tOpiC of historic preservation.
Finally, the program requires sensitivily lo period rcsidcnlial dista’icts, which we can
certainly provide.
We would welcome the opportunity for involvement in implementing tile Interim Historic
Evaluation and Design Review program, and we arc available to support thi.~ project for
its duration.
Sincerely,
Barbara A. Judy
F.,nolosures
£;PEEDY TEL No 415-621-1597_.L.dlli .’ _.,..I:--~~ .’-,.,--,’Nov 8~,96 9:sO No.O02
BARBARA A. JUDY
PRESERVATION
A R C I! 1 T F. C. T
60 DEARI~ORN ST, No, 6
SAN FILANCISCO, CA 941 lO
(415) 86 !-7815 ! (fax) 5? 1-9502
Entail: b~judy @ sirius.earn
BACKGROUND SUMMARY
Over 16 years of architectural experience in historic preservation and
rehabilitation of public and private buildings. Successful record of
analyzing laistoric significance, and balandng historic features with
modemi/~tion goals. Key strength~ include:
¯Comprehensive professional skills for evaluating historic significance
of structurt~ ~d districts
Backg~undin analysis and preservation of diveme st~ctores, influding
Victorian, Edwardim~, Beaux Arts, Mission Revival, Made,e, etc.
¯~tstanding written and oral communication and presentation ski~s
¯Fouaeenyears of professional and academic experience in the Bay Area
PROFESSIONAL EXPERIENCE
Educated owner.% de,qignors and planning professiona|s and the
public regarding preservation approada in compliance with The
Secretary of the b~terior’s Standards fm Rehabilitation for
structures unde~oing rehabilitation and moderniTa~ion.
Evaluated historic significance of historic buildings and distrid~,
~ad development oI historic structure report, building
inventories, HABS documentation.
Presented preservation dc~ign~ and strztogiea to the State Office
of Historic P~rservation, tht~ San Francisco Landmarks
Preservation Advisory Board, the Oakland Landmarks
Preservation Advisory Board, the Berkeley ].andmarks Board.
Master’s thesis analyzed traditional San Francisco neighboflaood
design and proposed a compatible design strategy for a histo~c
neighboflm~,
New mnst~ction proiccts i!~cluded the Dd Mar Equestrian Arena,
designed in Chumguerc~que style for compatibility with the
original fairgmtmds a~hitecture,
Adaptive r~use pro~ects included design~ at period storefronts,
urban thrill housing, commercial infill atructures and
rehabilitation of historic industrial facilflies,
Cun~ntly developing a survey clas~ on Prescrva(ion
Architecture - the class will be offered at CCAC.
Licmased ardaitect since 39~9 (C19960).
1992-’1996 Catty & C~., Inc.San Francisco
1988-1992 Crosby llolrnich, Architects San Francisco
1984-1988 Natlon’.~ Foodserv~ce, Inc,El Cerrito
1981-1984 HK1T, Arcl~itects and Planners San Francisco
EDUCATION
1988 MASTER OF ARCHIT.HC’IURE Univ. of California
1979 BS ~ ARCHITECTURE Univ. of Virginia
PROFESSIONAL AFFIL1A’I’IONS& PUBLIC SERVICE
As.~c. for Preservation Teclmoiogy International;National Trust for Historic
Pre,~ervation; Foundation for San Francisco’s Arclaitectural Heritage
Open Space Advisory Committee (Past Member); SF’s League of Urban Gardene~,
(Board Member)
CATHARINE WATTS
T I.. C H N I C A I.
A S S I S TAN T
60 DEARBORN ST, No, 6
SAN FRANCISCO, CA 94 ! 10
(415) 861-78 | 5 / ~ax) 57 |-9502
Email: 4and20 (~ sirius.corn
BACKGROUND SUMMARY
Recent graduate with four years e×pcrience in California’.~ architectural
community, indudirtg historic preservation and rehabilitation of public and
private buildinss. Dedi~ted to the pro~ervafim~ of our communiti~ and
eavim~ent, and to t~ucating flee public on the importance of these i~ues. Key
strengths include:
¯Committ~ team player
¯Excellent computer.’;kills, Interact knowledge, Wordpn~essing,
Database, Spreadsheet, Graphics and C: AD programs
¯Experi~mce with !oc~ commtmilies and organizations involved in
developing prese~ation strategies
¯Skilled in evaluating historic me~t of older structures
PROFESSIONAL EXPERIENCE
¯Dcvdoped and curn:ntly teach a serie~ of nine week elective
course~ that integrate file world of architecture with the student
cu~i~lum of 8th ~radcrs at Roohop Alternative School.
Backgro~d in all aspects of re~earch, evalualion, and
documentation of histolSc ~tructures for the purpo~ of structure
reptwts, Historic American ~uilding ~ucvey.~, Environment~!
Impact Reports.
Assistt~ with the research, documentation, and organi~titm of a
historic district survey in San Francisco’s Richmond District.
,Comprehensive libra~ and archiw~ re~carch skills,
-Managed organ~tion of paperwork for complex pro}ads,
including ¢onstrudi,m administration-related daily p~servation
architecture dt~umentation for the San Francisco City I lall
seismic strengthening pm~ect.
1996 Teacher, SFUSD San Francisco
1995-]996 Carey & Co-, Inc.San Francisco
1993 Foundation: SF’s Arch. Heritage San Francisco
EDUCATION
1995 BFA -INTERIOR ARCHI’I’ECTURE CCAC
~993 BS ~ H15T. PRES. PROGRAMUniv. of So. California
PROFESSIONAL AFFILIATIONS & Put~I.IC SERVICE
National Trust fi~r Historic Preservation; Foundation #or San Francisco’s
Architectural Heritage, Victorian Satiety of America
Habitat for Humanity, Architects Designers and Planners for S(mial
Responsibility, YMCA After-School Tutorial Program in collaboration with Bessie
Carmichacl Elementary School