HomeMy WebLinkAbout2012-09-24 City Council Agenda PacketCITY OF PALO ALTO
CITY COUNCIL Special Meeting
Council Chambers
September 24, 2012
5:30 PM
Agenda posted according to PAMC Section 2.04.070. Supporting materials are available in the
Council Chambers on the Thursday preceding the meeting.
1 September 24, 2012
MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA
PACKET ARE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY CLERK’S OFFICE AT PALO ALTO CITY HALL, 250 HAMILTON AVE.
DURING NORMAL BUSINESS HOURS.
Call to Order
Closed Session
Public Comments: Members of the public may speak to the Closed Session item(s); three minutes per
speaker.
1. CONFERENCE WITH LEGAL COUNCIL
Conference with Legal Counsel - Government Code
Section 54956.9(b), (c)
Potential Litigation: Construction of the Mitchell Park Library
and Community Center
City Manager Comments
Oral Communications
Members of the public may speak to any item not on the agenda; three minutes per speaker. Council
reserves the right to limit the duration of Oral Communications period to 30 minutes.
Minutes Approval
June 25, 2012
July 2, 2012
July 9, 2012
Consent Calendar
Items will be voted on in one motion unless removed from the calendar by two Council Members.
2. Approval of a Contract with Air & Lube Systems, Inc., in the Amount of
$318,031.78 for Repair of In-Ground Vehicle Lifts at the Municipal
Services Center, Capital Improvement Program Project VR-12001
2 September 24, 2012
MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA
PACKET ARE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY CLERK’S OFFICE AT PALO ALTO CITY HALL, 250 HAMILTON AVE.
DURING NORMAL BUSINESS HOURS.
3. Authorization to Explore Formal "Partnership Cities" Relationship with the
Yangpu District of China
4. Submittal of Mitchell Park Library and Community Center Bi-Monthly
Construction Contract Report
5. Adoption of Resolution Amending 2012-2014 Memorandum of Agreement
(MOA) with the Fire Chiefs’ Association (FCA) to Change the Title and
Salary of One Position
6. Resolution of the Council of the City of Palo Alto Expressing Appreciation
to Myrna McCaleb Upon her Retirement
Agenda Changes, Additions and Deletions
HEARINGS REQUIRED BY LAW: Applications and/or appellants may have up to ten minutes at the
outset of the public discussion to make their remarks and put up to three minutes for concluding
remarks after other members of the public have spoken.
OTHER AGENDA ITEMS: Public comments or testimony on agenda items other than Oral
Communications shall be limited to a maximum of three minutes per speaker.
Action Items
Include: Reports of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Reports
of Officials, Unfinished Business and Council Matters.
7. Colleagues Memo from Mayor Yeh and Vice Mayor Scharff Regarding
Council Contingency Funds in the Amount of $25,000 for Neighborhood
Grants (Item Continued from September 18, 2012)
8. Request for Council to Review Site Plan and Massing Concepts for 27
University Avenue, to Direct Staff to Execute Letter of Intent with
TheatreWorks, and to Authorize Staff to Prepare Advisory Ballot Measure
Language for Council Consideration
9. Approval of Professional Services: 1) Contract with Fukuji Planning and
Design in Amount of $139,500 for Preliminary Design Concept Services;
2) Contract with Sandis Civil Engineers Surveyors Planners in the Amount
of $16,500 for Traffic Engineering, Civil Engineering and Arborist Report
Services; and 3) Contract with Fergus Garber Young Consultants in the
Amount of $85,000 for Urban Design and Architectural Services 4)
Contract with Metropolitan Planning Group in Amount of $45,000 for
Project Management for Real Property at 27 University Avenue to be
Funded By the Stanford Medical Center Intermodal Transit Funds with a
Budget Amendment Ordinance totaling $286,000.
3 September 24, 2012
MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA
PACKET ARE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY CLERK’S OFFICE AT PALO ALTO CITY HALL, 250 HAMILTON AVE.
DURING NORMAL BUSINESS HOURS.
10.Policy and Services Committee Recommendations for Annual Council
Priority Setting Process (Staff Requests This Item be Continued to
October 1, 2012)
Council Member Questions, Comments and Announcements
Members of the public may not speak to the item(s)
Adjournment
AMERICANS WITH DISABILITY ACT (ADA) Persons with disabilities who require auxiliary aids or services in using City facilities, services or programs or who would like information on the City’s compliance with the Americans with Disabilities Act (ADA) of 1990, may
contact (650) 329-2550 (Voice) 24 hours in advance.
PUBLIC COMMENT
Members of the Public are entitled to directly address the City Council/Committee concerning any item that is
described in the notice of this meeting, before or during consideration of that item. If you wish to address the Council/Committee on any issue that is on this agenda, please complete a speaker request card located on the
table at the entrance to the Council Chambers, and deliver it to the City Clerk prior to discussion of the item. You
are not required to give your name on the speaker card in order to speak to the Council/Committee, but it is very helpful.
4 September 24, 2012
MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA
PACKET ARE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY CLERK’S OFFICE AT PALO ALTO CITY HALL, 250 HAMILTON AVE.
DURING NORMAL BUSINESS HOURS.
Additional Information
Standing Committee Meetings
RAIL COMMITTEE MEETING CANCELLATION September 27, 2012
Schedule of Meetings
Schedule of Meetings
Tentative Agenda
Tentative Agenda
Public Letters to Council Set 1 Set 2
City of Palo Alto (ID # 3068)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 9/24/2012
Summary Title: Contract for Bldg B Hoist Pit Repair Air & Lube Systems, Inc.
Title: Approval of a Contract with Air & Lube Systems, Inc., in the Amount of
$318,031.78 for Repair of In-Ground Vehicle Lifts at the Municipal Services
Center, Capital Improvement Program Project VR-12001
From: City Manager
Lead Department: Public Works
Recommendation
Staff recommends that Council:
1. Authorize the City Manager or his designee to execute the attached contract
with Air & Lube Systems, Inc. (Attachment A) in the amount of $318,031.78 to
perform necessary repairs to the hydraulic/pneumatic equipment hoisting
systems at the City's Municipal Service Center, to make minor concrete
repairs, and to permanently waterproof up to seven concrete hoist pits from
groundwater intrusion for the Capital Improvement Program project VR-12001
(Evaluation and Replacement of In-ground Vehicle Lifts at the Municipal
Service Center); and
2. Authorize the City Manager or his designee to negotiate and execute one or
more change orders to the contract with Air & Lube Systems, Inc. for related,
additional services as specified in the contract, the total value of which shall
not exceed $31,803.
Executive Summary
The attached contract with Air & Lube Systems, Inc. is to repair an existing
hydraulic leak in one of the hydraulic equipment maintenance lifts, repair any
potential mechanical and/or hydraulic/pneumatic problems that may be
uncovered during the removal of the existing lifts from their pits (utilizing the
included $25,000 repair allowance), install seven isolation valves, perform minor
concrete repairs, and permanently waterproof up to seven concrete lifts pits from
groundwater intrusion.
Background
Equipment Maintenance, a section of the Public Works Public Services Division,
utilizes seven in-ground lifts for equipment maintenance purposes. When not in
use, these lifts reside within in-ground pits to maximize the limited floor space
available on the premises. These concrete pits were constructed many years ago
and are showing signs of deterioration. Groundwater intrusion into these pits was
first detected approximately a year ago, via the many joints, cracks, and openings
that have developed within the concrete walls and floors of these pits. Water
accumulation within these pits can be damaging to the hoisting equipment, and
may create other hazards.
Public Works staff has reviewed the options available to manage this problem.
One option involves filling in the in-ground pits and installing new above-ground
lifts. This option is not practical and was disregarded due to the limited floor
space and the narrow existing width of vehicle bays. Furthermore, replacing all
existing lifts with new above-ground lifts could cost upwards of $1,000,000. The
most viable and economical option is to seal and waterproof the existing concrete
pits, and perform minor necessary repairs to the existing lifts.
Discussion
The scope of work to be performed under this contract provides for minor repair
of the pneumatic and hydraulic lifts, minor concrete repairs, installation of
isolation valves, and waterproofing up to seven hoist pits located at the City’s
Municipal Service Center.
The goal of the project is two-fold. The primary goal is to eliminate water
intrusion that is seeping into the lift pits and potentially damaging the mechanical
equipment. The second goal is to remove, inspect and repair the lifts to extend
their service life. The entire Municipal Services Center (MSC) will soon undergo
an extensive study that may result in a relocation or complete rebuild of the
facility. Due to this uncertainty regarding the fate of the MSC, staff selected this
project as most prudent. It maintains the existing facility and functionality with
the minimum cost. Staff expects to release an RFP for the MSC Feasibility Study
by the end of December 2012. It will likely take multiple years before the next
course of action for the MSC is known.
Similarly staff is bringing on a consulting firm to look at the overall equipment
maintenance operation to evaluate the most cost effective approach to
performing City-wide equipment maintenance. One option would be to contract-
out part or all of the operation. Even if Palo Alto were to contract out equipment
maintenance it is likely that the contractor would utilize the current City
equipment maintenance facility as is done in other cities that have outside
equipment maintenance contract services.
This project will be executed in two separate phases. Phase 1 involves the
installation of seven isolation valves, repair of a known hydraulic leak in one of
the hydraulic lifts, removal of three pneumatic lifts from their pits, performance
of any necessary repairs to the lifts, cleaning of these lifts and their respective
concrete pits, minor concrete repair work, waterproofing to permanently seal the
pits from future water intrusion, and final reassembly of the pneumatic lifts back
into their respective pits. Phase 2 will consist of similar work, but will be pursued
only if water intrusion is evident into the remaining four hoist pits containing the
four hydraulic lifts. If Phase 2 is not required, the contract total will be reduced
by $164,000.
The total base contract award amount also includes a $25,000 allowance for other
mechanical repairs that may discovered during the dissassembly of the lifts. This
allowance will be authorized through the standard additional services process for
time and materials.
Summary of Solicitation Process
Proposals were solicited from several firms. Three firms visited the job site, but
only one proposal for the Request for Proposal (RFP) was received. The proposal
amount is $318,031.78. An evaluation committee consisting of staff from the
Public Works Engineering and Public Services Divisions reviewed the proposal.
The committee carefully reviewed the firm's qualifications and experience in
response to the criteria identified in the RFP. Air & Lube Systems, Inc. was
selected for its thorough understanding of the City’s requested services presented
in the RFP. They have completed similar projects and communicated with City
staff that they are well qualified to perform the work. The proposed cost from Air
& Lube Systems appears reasonable considering the complex work involved.
Resource Impact
Funding for this contract is available in Vehicle Replacement FY 2012 Capital
Improvement Program Project VR-12001.
Policy Implications
This project is in conformance with City of Palo Alto’s Comprehensive Plan and
does not represent any changes to existing City policies.
Environmental Review
The proposed project is a minor alteration and repair to existing facilities and is
categorically exempt under the California Environmental Quality Act (CEQA)
section 15301 guidelines.
Attachments:
Description Number
Proposed Length of Project: 70 days
Total Days to Respond to Proposal: 14 days
Number of Proposals Received: 1
Company Name Location (City, State)
1. Air & Lube Systems, Inc. Sacramento, CA
Range of Proposal Amounts Submitted $318,031.78.
Contract S13146457_Air-Lube Sys_MSC Hoist Leak Repair (PDF)
Prepared By: Matt Raschke, Senior Engineer
Department Head: J. Michael Sartor, Director
City Manager Approval: ____________________________________
James Keene, City Manager
CITY OF PALO ALTO CONTRACT NO. S13146457
GENERAL SERVICES AGREEMENT
THIS AGREEMENT made and entered into on the day of September, 2012, by and between the CITY OF
PALO ALTO, a California Chartered Municipal Corporation ("CITY"), and AIR & LUBE SYSTEMS, INC.,
a California corporation, located at 8530 Fruitridge Road, Suite I, Sacramento, CA 95826-4808, Telephone
Number: 800-400-1934 ("CONTRACTOR"). In consideration of their mutual covenants, the parties hereto agree
as follows:
1. SERVICES. CONTRACTOR shall provide or furnish the services ("Services") described in the Scope of
Services, attached as Exhibit A.
2. EXHIBITS. The following exhibits are attached to and made a part of this Agreement:
I:8J "A" -Scope of Services
I:8J "B" -Schedule of Performance
I:8J "C" -Compensation
I:8J "D" -Insurance Requirements
I:8J "E" -Performance andlor Payment Bond o "F" -Liquidated Damages
CONTRACT IS NOT COMPLETE UNLESS ALL EXHIBITS ARE ATTACHED.
3. TERM.
The term of this Agreement is from 9101 /2012 to 12/31 /2012 inclusive, subject to the provisions of Sections
Q and V of the General Terms and Conditions.
4. SCHEDULE OF PERFORMANCE. CONTRACTOR shall complete the Services within the term of this
Agreement in a reasonably prompt and timely manner based upon the circumstances and direction
communicated to CONTRACTOR, and if applicable, in accordance with the schedule set forth in the
Schedule of Performance, attached as Exhibit B. Time is of the essence in this Agreement.
5. COMPENSATION FOR ORIGINAL TERM. CITY shall pay and CONTRACTOR agrees to accept as
not to exceed compensation for the full performance of the Services and reimbursable expenses, if any:
r
r
The total maximum lump sum compensation of dollars ($ ); OR
The sum of
amount of
dollars ($
dollars ($
) per hour, not to exceed a total maximum compensation
);OR
A su m calculated in accordance with the fee schedule set forth in Exhibit C, not to exceed a total
maximum compensation amount of two hundred ninety-three thousand thirty-two dollars
($293,032).
CONTRACTOR agrees that it can perform the Services for an amount not to exceed the total maximum
compensation set forth above. Any hours worked or services performed by CONTRACTOR for which
payment would result in a total exceeding the maximum amount of compensation set forth above for
performance of the Services shall be at no cost to CITY.
r The City has set aside the sum of dollars ($ ) for Additional Services.
CONTRACTOR shall provide Additional Services only by advanced, written authorization from
the City Manager or designee. CONTRACTOR, at the CITY's request, shall submit a detailed
written proposal including a description of the scope of services, schedule, level of effort, and
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CONTRACTOR's proposed maximum compensation, including reimbursable expense, for such
services. Compensation shall be based on the hourly rates set forth above or in Exhibit C
(whichever is applicable), or if such rates are not applicable, a negotiated lump sum. CITY shall
not authorize and CONTRACTOR shall not perform any Additional Services for which payment
would exceed the amount set forth above for Additional Services. Payment for Additional
Services is subject to all requirements and restrictions in this Agreement.
6. COMPENSATION DURING ADDITIONAL TERMS.
r
CONTRACTOR'S compensation rates for each additional term shall be the same as the original
term; OR
CONTRACTOR's compensation rates shall be adjusted effective on the commencement of each
Additional Term. The lump sum compensation amount, hourly rates, or fees, whichever is
applicable as set forth in section 5 above, shall be adjusted by a percentage equal to the change in
the Consumer Price Index for Urban Wage Earners and Clerical Workers for the San Francisco-
Oakland-San Jose area, published by the United States Department of Labor Statistics (CPI)
which is published most immediately preceding the commencement of the applicable Additional
Term, which shall be compared with the CPI published most immediately preceding the
commencement date of the then expiring term. Notwithstanding the foregoing, in no event shall
CONTRACTOR's compensation rates be increased by an amount exceeding five percent of the
rates effective during the immediately preceding term. Any adjustment to CONTRACTOR's
compensation rates shall be reflected in a written amendment to this Agreement.
7. INVOICING. Send all invoices to the CITY, Attention: Project Manager. The Project Manager is: Roger
Nguy, Dept.: Public Works, Telephone: (650) 496-6913. Invoices shall be submitted in arrears for Services
performed. Invoices shall not be submitted more frequently than monthly. Invoices shall provide a
detailed statement of Services performed during the invoice period and are subject to verification by CITY.
CITY shall pay the undisputed amount of invoices within 30 days of receipt.
GENERAL TERMS AND CONDITIONS
A. ACCEPTANCE. CONTRACTOR accepts and agrees to all terms and conditions of this Agreement. This
Agreement includes and is limited to the terms and conditions set forth in sections I through 6 above, these
general terms and conditions and the attached exhibits.
B. QUALIFICATIONS. CONTRACTOR represents and warrants that it has the expertise and qualifications
to complete the services described in Section I of this Agreement, entitled "SERVICES," and that every
individual charged with the performance of the services under this Agreement has sufficient skill and
experience and is duly licensed or certified, to the extent such licensing or certification is required by law,
to perform the Services. CITY expressly relies on CONTRACTOR's representations regarding its skills,
knowledge, and certifications. CONTRACTOR shall perform all work in accordance with generally
accepted business practices and performance standards of the industry, including all federal, state, and local
operation and safety regulations.
C. INDEPENDENT CONTRACTOR. It is understood and agreed that in the performance of this
Agreement, CONTRACTOR and any person employed by CONTRACTOR shall at all times be considered
an independent CONTRACTOR and not an agent or employee of CITY. CONTRACTOR shall be
responsible for employing or engaging all persons necessary to complete the work required under this
Agreement.
D. SUBCONTRACTORS. CONTRACTOR may not use subcontractors to perform any Services under this
Agreement unless CONTRACTOR obtains prior written consent of CITY. CONTRACTOR shall be solely
responsible for directing the work of approved subcontractors and for any compensation due to
subcontractors.
E. TAXES AND CHARGES. CONTRACTOR shall be responsible for payment of all taxes, fees,
contributions or charges applicable to the conduct of CONTRACTOR's business.
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F. COMPLIANCE WITH LAWS. CONTRACTOR shall in the performance of the Services comply with
all applicable federal, state and local laws, ordinances, regulations, and orders.
G. DAMAGE TO PUBLIC OR PRIVATE PROPERTY. CONTRACTOR shall, at its sole expense, repair
in kind, or as the City Manager or designee shall direct, any damage to public or private property that
occurs in connection with CONTRACTOR's performance of the Services.
CITY may decline to approve and may withhold payment in whole or in part to such extent as may be
necessary to protect CITY from loss because of defective work not remedied or other damage to the CITY
occurring in connection with CONTRACTOR's performance of the Services. CITY shall submit written
documentation in support of such withholding upon CONTRACTOR's request. When the grounds
described above are removed, payment shall be made for amounts withheld because of them.
H. WARRANTIES. CONTRACTOR expressly warrants that all services provided under this Agreement shall
be performed in a professional and workmanlike manner in accordance with generally accepted business
practices and performance standards of the industry and the requirements of this Agreement.
CONTRACTOR expressly warrants that all materials, goods and equipment provided by CONTRACTOR
under this Agreement shall be fit for the particular purpose intended, shall be free from defects, and shall
conform to the requirements of this Agreement. CONTRACTOR agrees to promptly replace or correct any
material or service not in compliance with these warranties, including incomplete, inaccurate, or defective
material or service, at no further cost to CITY. The warranties set forth in this section shall be in effect for
a period of one year from completion of the Services and shall survive the completion of the Services or
termination of this Agreement.
I. MONITORING OF SERVICES. CITY may monitor the Services performed under this Agreement to
determine whether CONTRACTOR's work is completed in a satisfactory manner and complies with the
provisions of this Agreement.
J. CITY'S PROPERTY. Any reports, information, data or other material (including copyright interests)
developed, collected, assembled, prepared, or caused to be prepared under this Agreement will become the
property of CITY without restriction or limitation upon their use and will not be made available to any
individual or organization by CONTRACTOR or its subcontractors, if any, without the prior written
approval of the City Manager.
K. AUDITS. CONTRACTOR agrees to permit CITY and its authorized representatives to audit, at any
reasonable time during the term of this Agreement and for three (3) years from the date of final payment,
CONTRACTOR's records pertaining to matters covered by this Agreement. CONTRACTOR agrees to
maintain accurate books and records in accordance with generally accepted accounting principles for at
least three (3) following the terms of this Agreement.
L. NO IMPLIED WAIVER. No payment, partial payment, acceptance, or partial acceptance by CITY shall
operate as a waiver on the part of CITY of any of its rights under this Agreement.
M. INSURANCE. CONTRACTOR, at its sole cost, shall purchase and maintain in full force during the term
of this Agreement, the insurance coverage described in Exhibit D. Insurance must be provided by
companies with a Best's Key rating of A-:VII or higher and which are otherwise acceptable to the City's
Risk Manager. The City's Risk Manager must approve deductibles and self-insured retentions. In addition,
all policies, endorsements, certificates and/or binders are subject to approval by the Risk Manager as to
form and content. CONTRACTOR shall obtain a policy endorsement naming the City of Palo Alto as an
additional insured under any general liability or automobile policy. CONTRACTOR shall obtain an
endorsement stating that the insurance is primary coverage and will not be canceled or materially reduced
in coverage or limits until after providing 30 days prior written notice of the cancellation or modification to
the City's Risk Manager. CONTRACTOR shall provide certificates of such policies or other evidence of
coverage satisfactory to CITY's Risk Manager, together with the required endorsements and evidence of
payment of premiums, to CITY concurrently with the execution of this Agreement and shall throughout the
term of this Agreement provide current certificates evidencing the required insurance coverages and
endorsements to the CITY's Risk Manager. CONTRACTOR shall include all subcontractors as insured
under its policies or shall obtain and provide to CITY separate certificates and endorsements for each
subcontractor that meet all the requirements of this section. The procuring of such required policies of
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insurance shall not operate to limit CONTRACTOR's liability or obligation to indemnify CITY under this
Agreement.
N. HOLD HARMLESS. To the fullest extent permitted by law and without limitation by the provisions of
section M relating to insurance, CONTRACTOR shall indemnify, defend and hold harmless CITY, its
Council members, officers, employees and agents from and against any and all demands, claims, injuries,
losses, or liabilities of any nature, including death or injury to any person, property damage or any other
loss and including without limitation all damages, penalties, fines and judgments, associated investigation
and administrative expenses and defense costs, including, but not limited to reasonable attorney's fees,
courts costs and costs of alternative dispute resolution), arising out of, or resulting in any way from or in
connection with the performance of this Agreement. The CONTRACTOR's obligations under this Section
apply regardless of whether or not a liability is caused or contributed to by any negligent (passive or active)
act or omission of CITY, except that the CONTRACTOR shall not be obligated to indemnify for liability
arising from the sole negligence or willful misconduct of the CITY. The acceptance of the Services by
CITY shall not operate as a waiver of the right of indemnification. The provisions of this Section survive
the completion of the Services or termination of this Contract.
O. NON-DISCRIMINATION. As set forth in Palo Alto Municipal Code section 2.30.510, CONTRACTOR
certifies that in the performance of this Agreement, it shall not discriminate in the employment of any
person because of the race, skin color, gender, age, religion, disability, national origin, ancestry, sexual
orientation, housing status, marital status, familial status, weight or height of such person. CONTRACTOR
acknowledges that it has read and understands the provisions of Section 2.30.510 of the Palo Alto
Municipal Code relating to Nondiscrimination Requirements and the penalties for violation thereof, and
agrees to meet all requirements of Section 2.30.510 pertaining to nondiscrimination in employment.
P. WORKERS' COMPENSATION. CONTRACTOR, by executing this Agreement, 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 will comply with such provisions, as applicable, before commencing and
during the performance of the Services.
Q. TERMINATION. The City Manager may terminate this Agreement without cause by giving ten (\ 0)
days' prior written notice thereof to CONTRACTOR. If CONTRACTOR fails to perform any of its
material obligations under this Agreement, in addition to all other remedies provided by law, the City
Manager may terminate this Agreement immediately upon written notice of termination. Upon receipt of
such notice of termination, CONTRACTOR shall immediately discontinue performance. CITY, CITY
shall pay CONTRACTOR for services satisfactorily performed up to the effective date of termination. If
the termination if for cause, CITY may deduct from such payment the amount of actual damage, if any,
sustained by CITY due to Contractor's failure to perform its material obligations under this Agreement.
Upon termination, CONTRACTOR shall immediately deliver to the City Manager any and all copies of
studies, sketches, drawings, computations, and other material or products, whether or not completed,
prepared by CONTRACTOR or given to CONTRACTOR, in connection with this Agreement. Such
materials shall become the property of CITY.
R. ASSIGNMENTS/CHANGES. This Agreement binds the parties and their successors and assigns to all
covenants of this Agreement. This Agreement shall not be assigned or transferred without the prior written
consent of the CITY. No amendments, changes or variations of any kind are authorized without the written
consent of the CITY.
S. CONFLICT OF INTEREST. In accepting this Agreement, 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 this Contract. CONTRACTOR further covenants
that, in the performance of this Contract, it will not employ any person having such an interest.
CONTRACTOR certifies that no City Officer, employee, or authorized representative has any financial
interest in the business of CONTRACTOR and that no person associated with contractor has any interest,
direct or indirect, which could conflict with the faithful performance of this Contract. CONTRACTOR
agrees to advise CITY if any conflict arises.
T. GOVERNING LAW. This contract shall be governed and interpreted by the laws of the State of
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California.
U. ENTIRE AGREEMENT. This Agreement, including all exhibits, represents the entire agreement
between the parties with respect to the services that may be the subject of this Agreement. Any variance in
the exhibits does not affect the validity of the Agreement and the Agreement itself controls over any
conflicting provisions in the exhibits. This Agreement supersedes all prior agreements, representations,
statements, negotiations and undertakings whether oral or written.
V. NON-APPROPRIATION. This Agreement is subject to the fiscal provisions of the Charter of the City of
Palo Alto and the Palo Alto Municipal Code. This Agreement will terminate without any penalty (a) at the
end of any fiscal year in the event that funds are not appropriated for the following 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 shall take precedence in the event of a conflict
with any other covenant, term, condition, or provision of this Contract.
W. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE REQUIREMENTS.
CONTRACTOR shall comply with the City's Environmentally Preferred Purchasing policies which are
available at the City's Purchasing Department which are incorporated by reference and may be amended
from time to time. CONTRACTOR shall comply with waste reduction, reuse, recycling and disposal
requirements of the City's Zero Waste Program. Zero Waste best practices include first minimizing and
reducing waste; second, reusing waste and third, recycling or composting waste. In particular, Contractor
shall comply with the following zero waste requirements:
• All printed materials provided by Contractor to City generated from a personal computer and
printer including but not limited to, proposals, quotes, invoices, reports, and public education
~ materials, shall be double-sided and printed on a minimum of 30% or greater post-consumer
content paper, unless otherwise approved by the City's Project Manager. Any submitted materials
printed by a professional printing company shall be a minimum of 30% or greater post-consumer
material and printed with vegetable based inks.
• Goods purchased by Contractor on behalf of the City shall be purchased in accordance with the
City's Environmental Purchasing Policy including but not limited to Extended Producer
Responsibility requirements for products and packaging. A copy of this policy is on file at the
Purchasing Office.
• Reusable/returnable pallets shall be taken back by the Contractor, at no additional cost to the City,
for reuse or recycling. Contractor shall provide documentation from the facility accepting the
pallets to verifY that pallets are not being disposed.
X. AUTHORITY. The individual(s) executing this Agreement represent and warrant that they have the legal
capacity and authority to do so on behalf of their respective legal entities.
Y. CONTRACT TERMS: All unchecked boxes do not apply to this Contract.
IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement
on the date first above written.
CITY OF PALO ALTO
City Manager or Designee
Purchasing Manager or Designee
Approved as to form:
EXHIBIT A
AIR & LUBE SYSTEMS, INC.
<::. 0 By t'\A ~. U,~ __
Name Wl ("cteee , f)EW0 tC 'Y
Title P ib Y::;S i K) c \"'-.J T
Telephone: Q) 119 ~ 0S 7 -% \?')~ '0
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SCOPE OF WORK
PROJECT TITLE: MSC Hoist Pits Water Leak Repair
PROJECT MANAGERS:
PROJECT TECHNICIAN:
Matt Raschke
John Moran
Roger Nguy
INTRODUCTION
Ph :
Ph :
Ph:
Cell :
Fax:
(650)496-5937
(650)496-6935
(650)496-6913
(650)833-8165
(650)852-9289
The City of Palo Alto is soliciting proposals to repair, seal, and waterproof all
openings/joints/cracks in the concrete vehicle hoist pits located in the fleet maintenance
shop (Building B) in the Municipal Service Center (MSC) at 3201 East Bayshore Road,
Palo Alto, CA 94303. Water is currently entering these pits via cracks and joint openings in
the walls and bottoms of the pits. The work performed shall include the development of a
plan to stop the current water leaks and offer a permanent solution to prevent all future
water leakage into these pits. Water accumulation within these hoist pits can be both
damaging to the hoisting equipment, and present a hazardous working environment.
The City's Fleet Services division utilizes seven vehicle hoists for maintenance purposes.
Four of the hoists are hydraulically powered , and the remaining three are pneumatically
powered. When not in use, components of these hydraulic/pneumatic hoists reside mostly
within underground concrete pits. These pits have openings that are approximately 1 foot 5
inches wide by 10 feet 3 inches long, and approximately 8 feet in depth. Work performed
within the pits would be classified as "permit-required confined space entry".
The concrete walls and floors of these hoist pits have deteriorated over the years due to
age and other environmental factors . As a result, water can be seen entering into these pits
from cracks and openings that have developed within the concrete. Water penetrates these
pits at various rates , some pits can be full of water within 24 hours after drainage, while
others may take weeks. Water levels in the various pits have always remained
approximately one foot below grade at its highest point and have never overflowed. It's
unknown if water penetration is isolated to crack(s) developed within the concrete of just
one pit, and then migrates to other adjacent pits through various channels , or if multiple
cracks in mulpitle pits are contributing to the problem. The source of water penetration is
likely groundwater. Various tests performed on the water within the pits have found no
traceable elements normally present in the City's water distribution system.
SCOPE OF WORK:
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Design a suitable solution to make the existing pits watertight and furnish all labor,
materials, equipment, and transportation necessary to implement the design.
Proposers shall verify all data supplied in this RFP. By responding to this RFP, the
successful proposer certifies that he/she (or a company representative) has attended the
mandatory Pre-proposal meeting, has verified and resolved any and all discrepancies
between the data provided and the worksite, and thereby agrees to accept field conditions
as is .
The work plans developed shall minimize disruption to ongoing vehicle and equipment
maintenance operations. The successful proposer's workspace shall be confined to areas
immediately adjacent to the pits with active repair work, and barriers such as curtains shall
be erected to clearly signify and shield this work zone to minimize hazard to pedestrian
traffic and minimize disruption/distraction to City crew(s). The successful proposer's
vehicles and equipment shall not block vehicular traffic or access to other stalls where no
active repair work is being performed.
The City will provide the necessary equipment and operators for initial drainage of the bulk
of the water within each pit. Once the pits have been sufficiently drained, the successful
proposer shall be responsible for supplying the necessary equipment, including, but not
limited to pumps, hoses, and water storage containers, to keep the pit(s) sufficiently dry (if
necessary) for the remaining duration of the work or until all leaks are sealed. The City will
provide a disposal site for emptying full water storage containers at a nearby location.
Fluid leak is apparent in one of the four hydraulic lifts. As part of Phase I, the successful
proposer shall coordinate and repair the leak(s) at a time that is least disruptive to fleet
operations prior to the pit sealing work.
At the appropriate interval, the successful proposer shall provide the necessary equipment,
labor, and appropriate materials to degrease/clean the lifting components and concrete
pits. This step is expected to both prevent contaminants from getting into the newly applied
sealant(s), and to expose the concrete pores for bonding agents.
Due to deterioration of the concrete in some areas of the pits , some minor concrete repair
work may be necessary prior to sealant application. The successful proposer shall provide
all labor, equipment, and appropriate materials needed to complete the task.
If it is necessary to remove the tanks, casings, hoses, and all other components of the
pneumatic and hydraulic lift systems from within each pit in order to perform the repairs
properly, the successful proposer shall provide all necessary tools, equipment, labor, and
common parts (such as new hoses and seals) typically necessary to remove and
reassemble the components.
If the lifting components from within the pits need to be removed for proper repair, new
isolation valves will need to be installed. As part of Phase I, the successful proposer shall
provide all necessary equipment, parts, tools, and labor necessary to complete the
installation of these seven new valves. The compressed air system is a critical component
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of fleet maintenance operations; therefore, if the system needs to be taken offline for valve
installation, installation of valves at each pit shall be limited to an hour or less.
During the removal and reinstallation process, if components of the vehicle hoisting
systems are discovered to be in need of repair or replacement, the successful proposer
shall provide all necessary labor, equipment, and materials/parts to complete the task. For
the purpose of this task, a contract line item budget allowance shall be set at $25,000. As
part of the proposal, the successful proposer shall indicate that they will itemize fees based
on actual Time and Materials for the stated task.
PLEASE NOTE: Fleet Services operating hours are Monday-Thursday 6:15am-3:45pm,
and Friday 6:15am-2:45pm. Unless prior arrangement can be made with the City, the
successful proposer shall adjust their work schedule accordingly and operate within the
specified operating days and hours.
All chemicals requiring respirators are strictly prohibited on the worksite during Fleet
Services operating hours mentioned above . If the use of such chemicals is unavoidable
and necessary to complete the tasks, prior arrangement shall be made with the City to
allow for the application of such chemicals in the after hours.
The repair proposal shall be written so that the work may be done in two phases. Phase I
consists of all necessary work for sealing water leaks in the three concrete pits housing the
pneumatic hoists, installation of seven isolation valves, and repairing the leak(s) in one of
the hydraulic hoists . Phase II consists of repair work in the four remaining concrete pits
housing the hydraulic hoists . Notice to Proceed for Phase II will only be issued if water
continues to enter into the four hydraulic hoist pits after Phase I has been completed
successfully. In addition to the contract line item budget allowance of $25,000 , Phase I and
Phase II shall each be quoted on a lump sum per phase basis.
The repaired hoist pit bottoms and walls shall be guaranteed to be free of water leakage
(i.e. groundwater intrusion) for a mimimum of three years from date of project completion.
All other repair work not directly related to groundwater instrusion into the concrete pits
(such as the hydraulic leak repair), and materials (such as replacement parts and new
valves) shall have a minimum one year warranty against defects in materials and
workmanship.
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EXHIBITB
SCHEDULE OF PERFORMANCE
CHOOSE ONE OF THESE AL TERl'JA TIVES TO DESCRIBE SCHEDULE:
CONTRACTOR shall perform the Services so as to complete each task within the time period specified
below. The time to complete each task may be increased or decreased by mutual written agreement of the
project managers for CONTRACTOR and CITY so long as all work is completed within the term of the
Agreement. Upon request CONTRACTOR shall provide a detailed schedule of work consistent with the
schedule below.
Task
(Describe task)
1. Phase 1 -Pneumatic Hoist Pit Repair
2. Phase 2 -Hydraulic Hoist Pit Repair
9
Complete
Days
From NTP
30
70
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EXHIBIT C
COMPENSATION
Compensation based upon task: CONTRACTOR shall perform the tasks as described and budgeted below. The
CITY's Project Manager may approve in writing the transfer of budget amounts between any of the tasks or categories listed
below provided the total compensation for the Services including reimbursable expenses, does not exceed $360,000.00 . Any
services provided or hours worked for which payment would result in a total exceeding the maximum amount of
compensation set forth herein shall be at no cost to City.
• PHASE 1
• Provide and install PHASE 1 Hoist pit water leak repair per plans and
specifications with the following clarifications.
• Clarifications: Permitting not included.
• Isolation valves for all 7 lifts are included in Phase 1
• Hyd. Hoist seal leak from Phase 2 group is included in Phase 1
• Air and Lube Systems will comply with all Bonding, Insurance and
Prevailing wage requirements.
• TOTAL PRICE: $129,046.53
INCLUDES:
• RATE I HR:$110
• HOURS REQUIRED: 976
• MATERIALS: $ 13,218.25
• BONDING: $ 3,777.78
• RENTAL EQUIPMENT: $ 3,600
• TAX: $ 1,090.51
• PHASE 2
• Provide & install PHASE 2 Hoist pit water leak repair per plans and
specifications with the following clarifications.
• Clarifications: Permitting not included.
• Air and Lube Systems will comply with all Bonding, Insurance and
Prevailing wage requirements
• TOTAL PRICE: $ 163,985.25
INCLUDES:
• RATE / HR: $110
• HOURS REQUIRED: 1,264
• MATERIALS: $ 15,997.67
• BONDING: $ 4,027.78
• RENTAL EQUIPMENT: $ 3,600
• TAX: $ 1,319.81
COMBINED TOTALS FOR PHASE 1 AND PHASE 2:
• TOTAL PRICE FOR PHASE 1 AND PHASE 2 COMBINED.
$ 293,031.78
• LIFT REPAIR ALLOWANCE: $ 25,000 (not included in totals).
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EXHIBITD
INSURANCE REQUIREMENTS
CONTRACTORS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM
OF THE CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE
SPECIFIED BELOW, AFFORDED BY COMPANIES WITH AM BEST'S KEY RATING OF A-:VII, OR
HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF
CALIFORNIA.
A WARD IS CONTINGENT ON COMPLIANCE WITH CITY'S INSURANCE REQUIREMENTS, AS SPECIFIED,
BELOW'
MINIMUM LIMITS
REQUIRED TYPE OF COVERAGE REQUIREMENT EACH
YES
YES
YES
YES
NO
YES
OCCURRENCE AGGREGATE
WORKER'S COMPENSATION STATUTORY
EMPLOYER'S LIABILITY STATUTORY
BODILY INJURY $1,000,000 $1,000,000
GENERAL LIABILITY, INCLUDING
PERSONAL INJURY, BROAD FORM PROPERTY DAMAGE $1,000,000 $1,000,000
PROPERTY DAMAGE BLANKET
CONTRACTUAL, AND FIRE LEGAL BODIL Y INJURY & PROPERTY $1,000,000 $1 ,000,000
LIABILITY DAMAGE COMBINED.
BODIL Y INJURY $1,000,000 $1,000,000
-EACH PERSON $1,000,000 $1,000,000
AUTOMOBILE LIABILITY, -EACH OCCURRENCE $1 ,000,000 $1,000,000
INCLUDING ALL OWNE D, HIRED, PROPERTY DAMAGE $1 ,000,000 $1,000,000 NON-OWNED
BODILY INJURY AND PROPERTY $1,000,000 $1,000,000
DAMAGE, COMBINED
PROFESSIONAL LIABILITY,
INCLUDING, ERRORS AND
OMISSIONS, MALPRACTICE (WHEN
APPLICABLE), AND NEGLIGENT
PERFORMANCE ALL DAMAGES $1,000,000
THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONTRACTOR, AT
ITS SOLE COST AND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND
EFFECT THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT AGREEMENT, THE
INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONTRACTOR AND
ITS SUBCONSULTANTS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS'
COMPENSATION, EMPLOYER'S LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS
ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES.
I. INSURANCE COVERAGE MUST INCLUDE:
A. A PROVISION FOR A WRITTEN THIRTY DAY ADVANCE NOTICE TO CITY OF CHANGE
IN COVERAGE OR OF COVERAGE CANCELLATION; AND
B. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE
FOR CONTRACTOR'S AGREEMENT TO INDEMNIFY CITY.
C. DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITY'S PRIOR APPROVAL.
II. CONTACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED
COVERAGE.
III. ENDORSEMENT PROVISIONS, WITH RESPECT TO THE Il'ISURANCE AFFORDED TO
"ADDITIONAL INSUREDS"
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A. PRIMARY COVERAGE
WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED [NSURED,
INSURANCE AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDlTIONAL TO OR
CONTRIBUTING WITH ANY OTHER INSURANCE CARRJED BY OR FOR THE BENEFIT OF THE
ADDlTIONAL INSUREDS.
B. CROSS LlAB[LlTY
THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE
POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE [NSURED
AGA[NST ANOTHER, BUT THlS ENDORSEMENT, AND THE NAMING OF MULTIPLE [NSUREDS,
SHALL NOT INCREASE THE TOTAL LlAB[LITY OF THE COMPANY UNDER T[-{[S POLICY.
C. NOTICE OF CANCELLATION
I. [F THE POLICY [S CANCELED BEFORE ITS EXPIRAT[ON DATE FOR ANY
REASON OTHER THAN THE NON-PAYMENT OF PREMIUM, THE [SSUING
COMPANY SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN
NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
2. [F THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-
PAYMENT OF PREM[UM, THE ISSUING COMPANY SHALL PROVIDE CITY AT
LEAST A TEN (I 0) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF
CANCELLA TION.
NOTICES SHALL BE MAILED TO:
PURCHASING AND
CONTRACT ADMINISTRATION
CITY OF PALO ALTO
P.O. BOX 10250
PALO ALTO, CA 94303
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City of Palo Alto (ID # 3165)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 9/24/2012
Summary Title: Exploration of Formal Relationship with Yangpu
Title: Authorization to Explore Formal "Partnership Cities" Relationship with
the Yangpu District of China
From: City Manager
Lead Department: City Manager
Recommendation
Staff recommends that Council authorize the Mayor to sign the attached “Intention
Agreement” and direct staff to explore options for structuring a formal relationship with
the Yangpu District of Shanghai, China.
Background
Palo Alto has long been known as a center of innovation-driven business and culture,
and has attracted visitors from many other cities and regions internationally. Over the
last several decades, working with Neighbors Abroad, the City has established many
formal “Sister Cities” relationships. Primarily, these relationships have focused on
cultural and educational exchanges. Recently, we have begun building on the
foundation of our cultural and educational ties with some of our Sister Cities to explore
strategic relationships in the areas of sustainability and economic development as well.
Beyond our Sister Cities, the City regularly hosts visiting delegations from many cities
and regions from around the world, largely on an ad hoc basis. The City is routinely
asked to explore possibilities for additional formal relationships, especially in terms of
connections to Palo Alto companies, talent, and best practices. In assessing how Palo
Alto’s should consider these offers to ensure mutual benefit to any such relationship
and the establishment of the suitable policy framework for deciding to enter into a
partnership, staff and various Council Members have engaged in dialogues with several
key regions and cities. While we have had a series of very fruitful meetings with
Heidelberg, Germany (we expect to be back to Council in the fall about Heidelberg), it
seems clear that forming a relationship with a city in China at this time has the potential
for mutual benefit for Palo Alto.
Over the past several years, the Bay Area Council, a business-backed public policy
advocacy organization of which Palo Alto is an affiliate, has been engaged in creating a
formal region-to-region partnership with the Yangpu District of Shanghai, China. As
such, they have a working knowledge of the region, especially as it relates to creating
value for the San Francisco Bay Area’s cities and region. They also have staff based in
the Bay Area and in Shanghai dedicated to promoting relationships of mutual interest.
The Bay Area Council staff approached Palo Alto earlier this year to propose a
partnership between Palo Alto and Yangpu. Staff is interested in connecting with the
resources and expertise of the Bay Area Council to help ease our entry into this area.
Discussion
Staff recommends engaging with Yangpu District, through our existing mutual ties to
the Bay Area Council, in a non-binding collaboration to learn about the Yangpu region
and China more generally and to explore potential opportunities of mutual benefit.
Earlier this year in July, representatives from the Bay Area Council and the California
State Economic Development Commissioner introduced Yangpu District to the Palo Alto
City Council. This presentation highlighted Yangpu District as a region with similarities
to and potential benefits for Palo Alto, especially in terms of local higher education and
business resources. Fudan University is one of the oldest universities in China and
notable for its life sciences, natural sciences, engineering and technology, and arts and
humanities. Additionally, VMWare, a major employer in Palo Alto is also a business
leader in Yangpu. By partnering in our process with the Bay Area Council, staff intends
to leverage their knowledge and resources, to establish a baseline of cross-cultural
understanding, and explore a strategic partnership structure over for a period of no
more than three years. During this time, the City staff will not explore formal
relationships with other Chinese regions or cities. The product of our exploration is
intended to provide the framework for identifying specific opportunities or initiatives to
collaborate on that would then be brought back to Council for consideration and
approval.
By executing the attached “Intention Agreement” at a special event hosted by the Bay
Area Council, the City will express its openness to cultural exchange, learning, and
exploration of partnership opportunities between our respective entities. However, the
City will not be bound by any contract or held to any specific outcomes.
Timeline
A signing ceremony for the attached “Intention Agreement” is scheduled with the City,
Bay Area Council and Officials from the Yangpu District for Thursday, September 27th.
Staff will work together with the Bay Area Council, and representatives of Yangpu to
complete the exploration and make any recommended Council action within a period of
no more than 3 years.
Resource Impact
Some routine staff time will be absorbed, but staff will rely largely on the efforts of the
Bay Area Council, which is a key factor in making this reommendation.
Attachments:
Attachment A: Yangpu Intention Agreement (DOC)
Prepared By: Thomas Fehrenbach, Econ Dev Mgr
Department Head: James Keene, City Manager
City Manager Approval: ____________________________________
James Keene, City Manager
INTENTION AGREEMENT BETWEEN
CITY OF PALO ALTO, CA, USA
AND
YANGPU DISTRICT, SHANGHAI, CHINA
In the spirit of friendship and the principle of equality and mutual benefit, through
friendly negotiation, City of Palo Alto, CA, USA and Yangpu District, Shanghai,
China, agree to execute this Intention Agreement to support the following principles
and actions:
1. The Parties agree to explore mutual economic interactions to enhance the
economic health and betterment of their respective communities and enterprises.
2. The Parties facilitate technological, scientific, environmental sustainability,
educational and cultural exchanges between their communities.
3. The Parties strive to keep each other informed on important economic and civic
issues.
4. The Parties will seek opportunities to promote public awareness of the agreement.
5. No Party has the power of authority to legally bind any other Party and nothing
herein contained shall be construed as authorizing any Party to act as an agent or
representative of any other Party. Nothing in this Intention Agreement shall be
construed to create or constitute a legally binding obligation of the Parties.
6. The agreement shall have a term of three years through September 30, 2015 with
an option for the Parties to consider renewal of the agreement at the end of the
term.
In Witness, Whereof, the Parties have duly executed this Intention Agreement on
this 27th day of September, 2012.
CITY OF PALO ALTO YANGPU DISTRICT
City of Palo Alto (ID # 3125)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 9/24/2012
Summary Title: Mitchell Park Construction Contract Bi-Monthly Report
Title: Submittal of Mitchell Park Library and Community Center Bi-Monthly
Construction Contract Report
From: City Manager
Lead Department: Public Works
Recommendation
Staff recommends that Council:
1)Accept this update on the Mitchell Park Library and Community Center (MPL&CC)
construction project; and
2)Direct staff to continue to submit bi-monthly reports to Council and to take related
actions which Council may direct.
Executive Summary
The MPL&CC construction is approximately 75%complete (based on expenditures)and it is
anticipated that the three-building complex will be open to the public in the spring of 2013.
Two major milestones (completion of raised flooring and commencement of drywall) have been
accomplished since the last Bi-monthly Report.Two other major milestones (start of ceiling and
bringing heating on-line)are scheduled to occur in the immediate future and will be addressed
in the next Bi-monthly Report.
Costs have increased above the bid amount partially due to building complexities and partially
due to the performance of the City’s contractors. To date, a total increase (Construction
Contract Change Orders)of $2,580,289 has been approved by the City, or approximately 11%
above the base construction contract amount.The bid amount was approximately 24% below
the City Engineer’s estimate and Council has authorized a maximum increase of 20% above the
bid amount in Change Orders.Thus,the project remains below budget, despite the unforeseen
costs.
Background
At 56,000 square feet, MPL&CC is the City's largest construction project in four decades. Inside
the state-of-the-art Library building,teens, children, and those just wanting a quiet space, will
all have their own dedicated areas. The two-building Community Center complex will contain
an expansive community room, kitchen, teen center, cafe,computer room and game room. The
complex will be the City's model for an eco-friendly facility with extensive green roofs, solar
water heating, night sky water cooling, photovoltaic panels, stormwater infiltration, and natural
daylight utilization; all wired with a state-of-the-art data feedback and control system.
On September 12, 2011,Council authorized an increase in change order authority and a ceiling
for the MPL&CC construction contract from 10% to 20% to cover unanticipated construction
costs. Council also directed staff to provide Council with a Monthly Report (subsequently
modified to bi-monthly)on Change Orders with Flintco, the general contractor.Council also
requested the City Attorney to provide additional confidential briefings regarding potential
claims against other responsible parties.Additionally, Council also directed Staff to report on
project milestones in the Bi-monthly Reports.
Discussion
Construction Progress
On June 4, 2012, Council requested information on construction progress and set-backs since
the last report,and milestones that staff expects will be reached by the next report.
On June 15, 2012 a major milestone was achieved: “dry-in”of the 3-building complex. Dry-in
means that the buildings are fully protected from the elements and that work can proceed on
the interior that had to wait for this key accomplishment such as sheetrock installation which
was awaiting dry-in. The second major milestone achieved was “start of raised flooring”. The
raised flooring is a major feature of Building A (the Library)and is in the “critical path” for
completion of other tasks. Piping and much of the building’s heating system rests on the
concrete subfloor and is then covered by the raised floor two feet higher.The flooring
subcontractor started this installation on June 25,2012.These two major milestones were
reported in the last Bi-monthly Report.
Since the last Bi-monthly Report, installation of the raised flooring has been essentially
completed, with only small specialized areas remaining. In addition, installation of drywall
(sheetrock) on the interior walls commenced in the Library on September 6, 2012 and in the
Community Center on August 6, 2012.
Despite these very important accomplishments, not all has gone smoothly. Many corrections to
mechanical, electrical and plumbing work beneath the raised flooring, in the walls, and above
the ceiling were not completed on time. Some floor panels will have to be temporarily removed
to allow for corrections and re-inspections. While this is not uncommon, the number of
corrections and re-inspections required is much larger than for a typical project. In addition, the
drywall contractor cannot proceed efficiently, because a number of wall areas must be left
open for corrective work. Another problem is that many corrections are still needed on the
windows and sliding glass doors. Some of the windows have failed water testing multiple times
and more corrections are needed. All of these problems were detected by the City’s
Construction Manager (Turner) and the Contractor is being required to correct them. The City
will attempt to recover these costs from the contractor, either by way of withholding or
through separate action.Sub-standard work will not be accepted. However,these corrections
cause delays in the work of the next subcontractor and some could cause a delay in a critical
path item and further delay the project. City staff is proactively working with the General
Contractor and City consultants to avoid delay while not compromising quality.
Looking ahead to the next Bi-monthly Report, the key milestone will be to begin ceiling
installation.This is a critical milestone because it means that all of the mechanical, electrical
and plumbing equipment at the top of the 3-building complex will be installed, inspected,
corrected, and re-inspected to ensure that it has passed its inspections.It will not be possible
for the contractor to finish all of this work by September 25, 2012 in the Library as their
schedule shows. Nor will it be possible for them to start up the heating system by October 16,
2012 so that wood finish work can commence by October 19, 2012 as their schedule shows.
Staff will report on progress in the next Bi-monthly Report and will be looking for all possible
ways to minimize further slippage.
Approved Construction Contract Change Orders
To date, 23 change orders have been approved for a total amount of $2,580,289. This amount
constitutes approximately 11%of the base construction contract amount. Since the last Bi-
monthly Report, there have been six additional Change Orders issued. Council has authorized
change orders up to 20% of the base contract amount;leaving about 9% remaining. A
breakdown of the change orders and the key components of each are contained in Table 1
listed below with a brief description of each. Please recognize that change orders can include
reductions and credits as well as new costs. You will see this, for example, reflected in Change
Order #5 in Table 1 below. The shaded change orders have been issued since the last Bi-
monthly report.
Table 1
Change Order Amount Change Order Summary
1 $41,725 Eight extra work items including the pruning of trees, clean-
up of the old building, and removing conduit found during
site clearing and grading.
2 $33,102 Four extra work items including the rerouting of a storm
drain around tree roots and the addition of a new manhole
that the drawings showed being present but wasn’t.
3 $215,501 10 extra work items including an adjustment needed due to
tree root interference, an upgrade in wall insulation
capability, and design coordination needed for steel
installation.
4 $242,754 11 extra work items including the installation of dowels at
additional locations, the installation of thicker glass railings
to increase stability, increased gas transmission line
coordination, and extra concrete water protection.
5 $4,436 24 extra work items including an extra light fixture cost, fire
safety drawing coordination, and a variety of additional
required supplies totaling $70,536 minus credit given for
three of the 24 work items including spare fixtures no longer
required and reimbursed City of Palo Alto dump fees
totaling $66,100.
6 $25,123 Seven extra work items including additional gas main
protection, curb strengthening, and deck support for the
Building A green roof.
7 $74,304 19 extra work items including HVAC driven floor
adjustments, electrical system adjustments, data cable
rerouting, and a new load break cabinet totaling $109,965
minus credit given for two of the 19 work items including
stones for the Arch provided by the artist and value
engineering totaling $35,661.
8 $385,251 10 extra work items including additional fill, perforated
metal panel ceiling work, various waterproofing, and
conduit.
9 $195,706 18 extra work items including multiple curb installations, a
basketball court slab, and an art sculpture foundation.
10 $78,514 13 extra work items including a Flintco field staff
supplement, waterproofing, plumbing and electrical system
alterations, and tree protection measures totaling $79,226
minus credit given for one of the 18 work items identified as
plumbing fixture changes totaling $712.
11 $224,662 14 extra work items including beam strengthening, interior
& exterior roof tank pipe supports, electric vehicle chargers,
load break cabinet bollards, and additional steel.
12 $20,347 Seven extra work items including A/V work, electrical
changes, and a roof access ladder.
13 $80,721 13 extra work items including metal stud framing, light
fixtures, and miscellaneous electrical work.
14 $54,028 Five extra work items including a thickened roof edge,
equipment curbs, a Building A ramp, signage support, and a
book drop.
15 $176,586 12 extra work items including additional lighting, electrical
work, soil for silva cells & planting areas, and HVAC work.
16 $53,256 Four extra work items including traffic signal modifications,
construction recovery costs, and a tube steel base plate
modification.
17 $278,710 Five extra work items including tube steel and supplemental
exterior wall steel revisions.
18 $76,823 Seven extra work items including concrete floor sealer, wall
short panels, leakage testing, pipe supports,and permit
processing.
19 $36,526 Eight extra work items including building security, lighting,
and electrical work.
20 $20,832 Seven extra work items including lighting and electrical
work.
21 $122,071 Six extra work items including roof curbs, studs, and roof
crickets.
22 $16,839 Six extra work items including duct, gutter, and ceiling work.
23 $122,472 Nine extra work items including occupancy changes, tube
steel and the related work, and artwork preparation totaling
$123,104 minus credit given for one of the nine work items
for roof parapets, flashing, and crickets totaling $632.
TOTAL $2,580,289 TOTAL CO’s 1-23
***For further information about each of the change orders see the attached corresponding
Contract Change Order Scopes of Work (Attachment A).
Change order requests submitted by the contractor are typically bundled together and
summarized in one single change order. On September 12, 2011,Council further directed staff
to submit any change order request which exceeds $85,000 to Council for approval. Staff is
interpreting this to mean an individual change order line item more than $85,000. (You may
note over the course of a period of time a number of on-site decisions are made, in order to not
slow the project down, which when complied later can add up to more than $85,000).
(Bundled Change Order 11, for example, totals $224,662, but includes a series of change orders,
none of which exceeds $85,000).Council has approved one Change Order to date (Change
Order # 17)which contained line items exceeding & 85,000).
Related Council Directives for the Bi-monthly Report
Council further directed that staff report to Council on oversight activities. Therefore, attached
is the most recent Library Bond Oversight Committee agenda (Attachment B)and Library Bond
Oversight Committee minutes (Attachment C).
On October 17, 2011, Council requested information on two other related topics and these are
addressed below.
1)Expenditures for New Consultants
The City Attorney’s Office has hired the following consultants to assist with the review of
construction costs requested by Council. The table below shows the amount encumbered
and the amount spent to date.
Contract Amount Amount Expended
ZFA Structural Engineers $25,000 $19,581
Legal Counsel (Jarvis Fay)$75,000 $58,362
Reidinger Consulting (Scheduling)$85,000 $72,327
Legal Counsel (Otis & Iriki)$235,000 $153,869
2)Outstanding Change Orders Proposed by the Construction Contractor (Flintco)
In addition to knowing the amount of the Change Orders approved to date by the City
(above), Council members asked the value of the outstanding change orders proposed by
Flintco but not yet approved or rejected. This information is contained in Attachment D.
The first graph on Attachment D shows both Potential Change Orders (PCOs) (which is an
internal list compiled by the City’s construction manager of certain work items that could
eventually result in extra work claims)and actual Change Order Requests (CORs),a subset
of the PCOs, which have been submitted by Flintco to date.
A large batch of CORs was temporarily retracted by Flintco with the stated intention of
modifying them. The City has informed Flintco that its retraction may jeopardize the ability
of the City to act on these CORs. Due to the failure of Flintco to meet its self-imposed
deadlines for resubmittal of the CORs, the City has resumed issuance of Unilateral Change
Orders in order to ensure a cash flow for the subcontractors so they will not leave the job.
Recently, Flintco began submitting CORs again. Many of the newly submitted CORs appear
to be duplicative of,or inconsistent with,previous CORs. City staff and Turner will take
extreme steps to ensure that Flintco is not double paid.
The latest Bi-monthly Report concerning all Library Projects (“Palo Alto Library Projects”) is
included as Attachment E.
Resource Impact
There are no resource impacts associated with providing the Bi-monthly Reports to Council.
The approved change orders are within the Capital Improvement Program Project (CIP)Budget
PE-09006 for the MPL&CC project.
Policy Implications
There are no policy implications in providing the Bi-monthly Reports to Council.
Environmental Review
Providing monthly reports on this topic to Council does not constitute a project under the
California Environmental Quality Act (CEQA).
Attachments:
·A -MPL COs # 1-23 (PDF)
·B -LBOC Agenda_7-24-2012 (PDF)
·C -LBOC Minutes_4-24-2012 (PDF)
·D -MPL Financial Charts (PDF)
·E -PAL Monthly Report -July & August 2012(PDF)
Prepared By:Richard Hackmann,
Department Head:J. Michael Sartor, Director
City Manager Approval: ____________________________________
James Keene, City Manager
S:/pwd/eng/kb projects/cips/library/meetings/bond
Agenda
Library Bond Oversight Committee
Quarterly Meeting
July 24, 2012
7th floor conference room
4:00 p.m. – 5:30 p.m.
Committee Members: James Schmidt (Chair), Sandra Hirsh (Vice-Chair), John Melton,
Dena Mossar, Alice Smith
Staff: (Public Works) Brad Eggleston, Phil Bobel, Debra Jacobs, (Library) Monique
leConge; (Administrative Services) Joe Saccio, Tarun Narayan, (Auditor) Jim Pelletier,
(Attorney) Melissa Tronquet
Others: (Turner Construction Management) Greg Smith
ROLL CALL
ORAL COMMUNICATIONS
APPROVAL OF MINUTES – April 24, 2012
AGENDA REVIEW & REVISIONS
UNFINISHED BUSINESS
1. DISCUSSION – Construction Progress (Greg Smith)
a. Mitchell Park Library & Community Center
b. Temporary Main Library
2. DISCUSSION – Design Progress (Phil Bobel)
a. Main Library
NEW BUSINESS
3. DISCUSSION – Update on reconciliation of Main Library costs (Phil
Bobel)
4. DISCUSSION -- Draft Financial Report Summary from
Administrative Services (Tarun Narayan)
a. Expenditures to date – summary spreadsheet
5. ACTION – Approval of Quarterly Report to Finance Committee
S:/pwd/eng/kb projects/cips/library/meetings/bond
6. Next Steps
a. Next meeting: October 23, 2012
Minutes
Library Bond Oversight Committee meeting
Quarterly Meeting
April 24, 2012
7th floor conference room
4:00 p.m. – 5:30 p.m.
Committee Members: James Schmidt (Chair), Sandra Hirsh (Vice-Chair), John Melton,
Dena Mossar, Alice Smith
Staff: (Public Works) Phil Bobel, Karen Bengard, Debra Jacobs, (Library) Monique
leConge; (Administrative Services) Joe Saccio, Tarun Narayan, (Auditor) Jim Pelletier,
(Attorney) Melissa Tronquet
Others: (Turner Construction Management) Greg Smith
ROLL CALL - 4pm
ORAL COMMUNICATIONS
APPROVAL OF MINUTES – January 24, 2012
AGENDA REVIEW & REVISIONS
UNFINISHED BUSINESS
1. DISCUSSION – Construction Progress (Greg Smith)
a. Mitchell Park Library & Community Center
i. Photos provided.
ii. Windows are a challenge to get them to pass water leak tests. Some
progress made.
iii. Plasterer has arrived.
iv. Siding going on.
b. Temporary Main Library
i. Double pane windows will delay opening to Aug/Sep 2012.
2. DISCUSSION – Design Progress (Karen Bengard)
a. Main Library
i. Public mtg. on 4/19 participants were evenly split for and against
connectivity.
ii. Council will see this on May 14. Design isn’t finished because of
connectivity options which will be a major topic of discussion.
iii. Options to Council: 1)road 2)bike path 3)do nothing 4)non-vehicular
path without modifying garden.
NEW BUSINESS
3. DISCUSSION – Update on Flintco / Construction costs / Council
action (Phil Bobel)
Opening? Update coming in a few weeks. More realistically early 2013.
Have requested removal of glass subcontractor. Could be expensive & time
consuming to change subcontractor.
Phil provided handout that is typically included in monthly report to council on MP
change orders and bond status. Outstanding PCO’s are $3M more than 20%
contingency burn rate at this point. These data pertain to Mitchell Park Library &
Community Center. Main Library costs have increased because of increases in
scope.
Council wants us to let LBOC know that change orders grater than $85K (in any
line item) must need to be approved by Council. These items will likely be in
closed session first because of potential litigation.
Possibility that General Contractor could delay or slow work as a result of
contentious issues.
Delay issues have been complicated by Flintco’s withdrawal of COR’s for
potential resubmission.
Two construction attorneys are on board on this issue.
Interior work cannot start until building is enclosed (achieved dry-in)
Some on project team are focused on getting building built.
4. DISCUSSION -- Draft Financial Report Summary from Administrative
Services (Tarun Narayan)
a. Expenditures to date – summary spreadsheet
Costs at Cubberley use is revenue lost to City. No affect on bond.
Bond schedule is slipping as a result of the delay in finishing MPL & CC
Using City reserves to pay construction costs hasn’t been explored. Additionally,
infrastructure reserve will be zero at the end of fiscal year.
If more bonds are sold than needed, moneys not needed can be used to pay
down debt & reduce assessments as a result. Problematic to issue small bond
sales since fixed costs are the same.
(4:44 pm Dena Mossar left)
5. ACTION – Approval of Quarterly Report to Finance Committee
Moved and seconded to approve financial report.
6. DISCUSSION– Mitchell Park Library & Community Center
contingency issue (Phil Bobel)
No more info than provided on Item #3
7. Next Steps
a. Next meeting: July 24, 2012
Adjourned at 4:46 pm.
Meeting minutes - Debra Jacobs
$0
$1,000,000
$2,000,000
$3,000,000
$4,000,000
$5,000,000
$6,000,000
$7,000,000
$8,000,000
Co
s
t
Percent Completion
Mitchell Park Library Approved Change Orders (CO's) and Outstanding
Potential Change Orders (PCO's)
Approved CO's
Outstanding PCO's
Flintco COR's
10% Contingency
20% Contingency
Revised 11/10/11
4.42
(DT)
5.21
(DT)
4
(DT)
$41.41
(Mitchell)
$49.04
(Mitchell)
$50
(Mitchell)
$21.68*
(Main)
$18
(Main)
$18
(Main)
1.62
(Other)
3.75
(Other)
4 (Other)
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Dollars (Millions)
Library Bond Fund Utilization Projections
(August 2012)
(Dollars in Millions)
Mitchell Park Library Main Library Temporary Libraries & Bond Costs Series5
$69.13M $76M
*The Main Library Projection was increased following Council approval on July 25, 2011 (Staff Report #1438) of approximately $1.7M of design
amendments and future building improvements related to deferred maintenance, code upgrades and service enhancements.
Palo Alto Library Projects
Bi-Monthly Progress Report
July – August 2012
Mitchell Park Library & Community Center
Main Library
Mitchell Park Main Entry
Table of Contents
Mitchell Park Library
Status Report
Management Summary
Action Items
Schedule Milestones
Main Library
Status Report
Management Summary
Library Closure Plan
Financial Summary
Mitchell Park Library &
Community Center
3700 Middlefield Road, Palo Alto
The new Mitchell Park Library and Community Center is a highly
sustainable joint-use facility that will be a vibrant destination for
civic, cultural, social, educational, and recreational activities. The
new center, which will replace undersized and aged facilities, is
made possible through Measure N and the strong partnership
between the city and the community. During construction,
temporary library and teen center facilities are available at the
Cubberley Community Center.
PROJECT CONSTRUCTION
CONSTRUCTION BEGAN:
September 2010
ANTICIPATED OPENING:
Spring 2013
PROJECT TEAM
OWNER:
City of Palo Alto Public Works
(650) 329-2295
ARCHITECT:
Group 4 Architecture,
Research + Planning Inc.
South San Francisco, CA
(650) 871-0709
GENERAL CONTRACTOR:
Flintco Pacific, Inc.
Roseville, CA
(916) 757-1000
CONSTRUCTION MANAGER:
Turner Construction Company
San Jose, CA
(408) 918-1600
FOR MORE INFORMATION
www.cityofpaloalto.org/libraryprojects
KEY ACCOMPLISHMENTS
Exterior Wall Finishes
Glass Installation
Start of Drywall
UPCOMING ACTIVITIES
Stonework
Exterior Painting and Trim
Interior Ceilings
Drywall Continues
Library West Fascia Installation
Library Roofing Started
Window Trim Installation at Multi Purpose Solar Hot Water Panels Installed
Clerestory Glass for Natural Lighting
Community Center with Library Beyond Library Plaster Finished
Library Window Sealant Installation Bldg A South Plaster Installation
Library Window Water Testing
Mitchell Park Library & Community Center
Management Summary
July - August 2012
Noteworthy Accomplishments
Exterior Glass, Plaster and Metal Siding are complete
Solar Hot Water Panels are installed
Raised Flooring nears completion and drywall has started
Current Project Challenges:
Processing the high volume of change documentation and providing direction
Settle tube steel and exterior wall framing changes (Ready for Council approval)
Settle waterproofing and sheet metal changes (Estimate complete)
Significant number of new COR to review
Submittals impacting material delivery and inspection (In progress but nothing completed)
Photovoltaic systems need separate permits
Deferred submittals for glass railings, elevators and library shelving need to complete plan check
Safety
Public Safety is a priority outside the fence. No incidents reported to date
School resumed smoothly without any safety issues from construction
Quality Control
City and Special Inspection Work:
Work needs to be ready when inspection is requested
Work should pass inspection the first time around
Quality Control Observation Reports : 56 have been issued and 12 remain open
Courtyard Concrete benches finishes need remedial work.
Exposed exterior steel needs welds ground smooth and finished with a protective coating
Firewall Construction modified assembly needs Building Department approval
Glazing contractor is having difficulty meeting quality control standards
Sliding glass doors don’t meet specification
Water testing 100% of windows due to high failure rate.
Costs:
Since the last report, the City issued 7 Change Orders dealing with over 50 Change Order Requests
Flintco resumed Change Order Request submittals with an equivalent number of new requests.
Schedule:
No progress on completion date – August schedule still shows 9 months left. (May 2013)
The Contractor needs adequate manpower to support the planed schedule.
Next Key Milestones:
Drywall finish Library 10/4 Teen Center 10/4 Community Center 10/3
Stonework finish Library 10/24 Teen Center 10/10 Community Center 9/19
Ceilings start Library 9/25 Teen Center 9/20 Community Center 9/25
Mitchell Park Library & Community Center
Schedule Milestones
July - August 2012
ACTIVITY ACTIVITY I.D.Bldg-A Bldg-B Bldg-C
Pad Certification 10/27/10 10/27/10 10/27/10
Foundation Complete 12/28/11 1/16/11 1/7/11
Frame & Place Slab on Grade 2/11/11 5/6/11 5/3/11
Top out Structural Steel Frame 5/31/11 4/15/11 5/12/11
2nd Floor Poured 4/16/11 X X
Roof Poured 5/31/11 6/24/11 6/21/11
Frame Ext Walls EXT 4000 9/2/11 9/26/11 9/2/11
Building Dried In EXT 5555 6/8/12 6/8/12 6/8/12
Frame Interior Walls INT 1130 5/24/11 6/1/11 7/1/11
Hang Drywall Start 1 INT A1085 B1080 C2330 9/6/12 8/8/12 8/6/12
Ceiling Start (MEP inspections pass) 2 INT A.B.1220, C1270 9/25/12 9/20/12 9/25/12
Drywall Finished INT A1080 B1080 C1090 10/4/12 10/4/12 10/3/12
Ceiling Tile Finished FIN 1120 11/27/12 11/8/12 11/12/12
Permanent Power 3 INT A2120,
EQU B2010, C2020 9/27/12 9/27/12 9/27/12
Heat & Air Conditioning Online EQU A1100, BC1090 10/16/12 1/9/13 1/18/13
Casework Start Date 4 FIN A10049, BC1090 10/19/12 9/20/12 10/9/12
Elevator Complete AEQU1090 10/23/12 x x
Owner/Arch Punchlist - Start PCO A5000 B2020 C3030 3/11/13 1/24/12 2/11/12
Parking Paving & Driveways Complete STE 1840 1/7/13 x x
Substantial Completion 5 PCO A1555 B2555 C3555 2/26/13 2/28//13 3/8/13
Certificate of Occupancy PCO 5020/1555 4/12/13 4/12/13 4/12/13
Building Air out and Commissioning EQU 1070 4/17/13 4/2/13 4/26/13
Footnotes
1. Actual from Inspection log
2. Schedule dates passed - used inspector's estimate
3. Per Flintco at 9/5 weekly meeting
4. need walls finished and HVAC online
5. Temporary Certificate of Occupancy
Completion DateFlintco Monthly Schedule update 8-15-12
Completed
Main Library
1213 Newell Road, Palo Alto
Exterior View
PROJECT CONSTRUCTION
CONSTRUCTION STARTS:
Summer 2013
ANTICIPATED OPENING:
Fall 2014
PROJECT TEAM
OWNER:
City of Palo Alto Public Works
(650) 329-2295
ARCHITECT:
Group 4 Architecture,
Research + Planning Inc.
South San Francisco, CA
(650) 871-0709
CONSTRUCTION MANAGER:
TBD
FOR MORE INFORMATION
www.cityofpaloalto.org/libraryprojects
KEY ACCOMPLISHMENTS
Budget Update complete based on
current construction
UPCOMING ACTIVITIES
Plan Check Submittal is anticipated
by the end of September
The Palo Alto Main Library renovation and addition is in the
final phase of design “Better Libraries for Palo Alto” projects,
funded by the passage of Measure N by voters in 2008. The
project incorporates upgrades to the historic building’s structural,
electrical and mechanical systems while preserving the integrity of
architect Edwards Durrell Stone’s iconic design. The new
addition includes a program room and additional restrooms
to extend the services of this heavily-used branch. The
project targets LEED certification.
Library Closure Plan
July - August 2012
20
1
4
Main Library
Opening to the Public in 2014
Downtown Library re-opened
Mitchell Park Library and Community Center construction started,
College Terrace Library re-opened
Mitchell Park Library & Community Center
Anticipated Public Public Opening in the Spring 2013
Main Library
Closes for construction Mid 2013
20
1
0
20
1
1
20
1
2
20
1
3
printed 9/11/2012
MEASURE
N
ENGINEER'S
ESTIMATE PROJECTED RESERVES
09010 Cubberley Temporary Library 645,000 619,687 25,313
09005 Downtown Library 4,000,000 5,212,000 4,418,111 793,889
09006 Mitchell Park Library & C.C.50,000,000 49,043,000 41,411,673 7,631,327
11000 Main Library 18,000,000 20,100,000 21,682,800 -1,582,800
11010 Art Center Temporary Library 500,000 500,000 0
Bonding and Financing Costs 4,000,000 500,000 500,000 0
BONDED AMOUNT 76,000,000 76,000,000 69,132,271 6,867,729
data 8/28/12 - - -
July - August 2012 Update
PALO ALTO LIBRARIES
BOND MEASURE N PROJECTS
FINANCIAL SUMMARY
BUDGET COSTS
The combined projects currently have projected cost reserves of $6,867,729. Notes on Projected Cost:
Temporary Library at Cubberley finished below estimate. Balance is held for move out costs.
Downtown Library is now finished. Final Cost will update when all contracts are closed out.
Mitchell Park Library and Community Center bids were significantly below estimate.
Pending Design and C.M. Contract amendments are not included and will affect Reserves.
Bond costs were reforecast and the financing budget was reduced to $500,000.
Main Library is still the June 2012 estimate
Turner's updated estimate is under review by Public Works Engineering.
Council increased Project Scope. Projected Cost includes current estimated cost increases.
Projected Costs are based on contracts awarded to date with their full contingency authorization.
Projected Costs for contracts not yet awarded are based on the current estimate.
Reserves will adjust as future contract awards are made.
City of Palo Alto (ID # 3147)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 9/24/2012
Summary Title: Resolution Amending IAFF Fire Chiefs’ Association MOA to
implement EMS Coordinator reclassification
Title: Adoption of Resolution Amending 2012-2014 Memorandum of
Agreement (MOA) with the Fire Chiefs’ Association (FCA) to Change the Title
and Salary of One Position
From: City Manager
Lead Department: Human Resources
Recommendation
Staff recommends that Council approve the attached resolution amending the 2012-2014
Memorandum of Agreement (MOA) with the Fire Chiefs’ Association (FCA) to retitle the
Emergency Medical Services (EMS) Coordinator classification to EMS Director and to increase
the control point of the Emergency Medical Services Director.
Discussion
During the collective bargaining process with FCA in FY 2012, the Association and City discussed
the classification and salary for the Emergency Medical Services Coordinator classification (Job
Code 689). At that time the Emergency Medical Services Utilization consultant study was in
process. The Human Resources (HR) Department conducted a job analysis of the EMS
Coordinator position and provided a copy of the findings to the FCA. The City and the FCA met
and conferred in good faith and reviewed the HR findings as well as the consultant study. The
parties reached agreement to retitle the EMS Coordinator classification to EMS Director with a
control point change from $105,000 to $137,000. This change is retroactive to July 1, 2012.
Resource Impact
The Fiscal Year 2013 operating budget included funding for the EMS Manager at a higher level
in anticipation of this reclassification. The new salary for the EMS Director is within the amount
budgeted for 2013.
Policy Implications
The action recommended by this report is consistent with City policies which require Council
approval of employee salaries and listing of positions in Memorandum of Agreement.
Environmental Review
This is not a project under the California Environmental Quality Act (CEQA).
Attachments:
Adoption of Resolution Amending 2012-2014 Memorandum of Agreement (MOA) with
Local 1319 International Association of Firefighters (IAFF), Fire Chiefs’ Association (FCA)
representing Fire Managers (DOC)
RESO FCA Salary-Position Changes 8 28 12 (DOC)
Prepared By: Michele Dallara, Human Resources Assistant
Department Head: Kathryn Shen, Director, Human Resources
City Manager Approval: ____________________________________
James Keene, City Manager
** NOT YET APPROVED **
1
Resolution No. ______
Resolution of the Council of the City of Palo Alto
Amending the Memorandum of Agreement for 2012-2014
With Fire Chiefs’ Association, Adopted By Resolution
No. 9234, to Reclassify One Existing Position by Changing
the Title and Salary
The Council of the City of Palo Alto does RESOLVE as follows:
SECTION 1. Pursuant to the provisions of Section 12 of Article III
of the Charter of the City of Palo Alto, the 2012-2014 Memorandum
of Agreement with Fire Chiefs’ Association, adopted by Resolution
No. 9234, is hereby amended to reclassify one existing position, as set
forth in Exhibit “A”, attached hereto and incorporated herein by
reference, effective with the pay period including July 1, 2012.
SECTION 2. The Director of Administrative Services is authorized to
implement the amended Memorandum of Agreement as set forth in Section 1.
SECTION 3. The Council finds that this is not a project under the California
Environmental Quality Act and, therefore, no environmental impact assessment is necessary.
INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: ___________________________ ______________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: ___________________________ ______________________________ Sr. Deputy City Attorney City Manager _____________________________ Director of Administrative Services ____________________________ Director of Human Resources
** NOT YET APPROVED **
2
EXHIBIT A
FCA Memorandum of Agreement Changes – Effective July 1, 2012
Job
Code
Classification Title Grade
Code
Control
Point
Approx.
Annual
Approx.
Hourly
698 EMS Director
(title and salary change for the EMS Manager) TBD 11,417 137,000 65.87
RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO EXPRESSING
APPRECIATION TO MYRNA MCCALEB UPON HER RETIREMENT
WHEREAS, Myrna McCaleb, Senior Business Analyst (SAP Business Manager), in the Administrative
Services Department, will retire on September 30, 2012, after over twenty-three years of dedicated service to
the City of Palo Alto; and
WHEREAS, Myrna McCaleb began her career with the City of Palo Alto on March 20, 1989, as a Control
Account Specialist in the Accounting Division of the Administrative Services Department; and
WHEREAS, as a result of diligent work and demonstrated ability, she advanced to positions of increasing
responsibility, first as a Financial Analyst in September 1992, and a Senior Financial Analyst in July 1999, in
the Budget Division of the Administrative Services Department; and
WHEREAS, Myrna McCaleb served for 9 years in the Budget Division of the Administrative Services
Department and played a strong role in the basic building of budget process, providing analysis of salaries and
benefits costs and preparing revenue and expenditure forecasts; and
WHEREAS, in recognition of her outstanding leadership, technical abilities, and proven professionalism,
she was promoted to the position of Business Analyst in July 2002, and Senior Business Analyst (SAP Business
Manager) in July 2004, in the Administration Division of the Administrative Services Department; and
WHEREAS, Myrna McCaleb has worked tirelessly in managing and supporting the Enterprise System
(SAP) and can always be counted on to provide the highest quality service and support; and
WHEREAS, Myrna McCaleb as a Project Leader has significantly contributed to the success of numerous
SAP initiatives implementation in the last few years, all of which she did with strong will power and
determination in order to achieve overall organizational success; and
WHEREAS, Myrna McCaleb is recognized by her peers and City staff for being professional, hardworking,
dependable and enthusiastic, and has consistently been recognized as a team player with a positive attitude and
exceptional work ethic; and
NOW, THEREFORE, LET IT BE RESOLVED, that the Council of the City of Palo Alto hereby gratefully
records and extends its sincere appreciation to Myrna McCaleb for her dedication and excellent service
rendered to the City of Palo Alto. Our congratulations to Myrna on her well-earned retirement and best wishes
for her continued success, happiness, and good health in the years to come.
September 24, 2012
ATTEST: APPROVED:
_____________________ _____________________
City Clerk Mayor
APPROVED AS TO FORM:
___________________ _____________________
City Attorney City Manager
City of Palo Alto
COLLEAGUES MEMO
September 24, 2012 Page 1 of 2
(ID # 3149)
DATE: September 24, 2012
TO: City Council Members
FROM: Vice Mayor Scharff, Mayor Yeh
SUBJECT: COLLEAGUES MEMO FROM MAYOR YEH AND VICE MAYOR SCHARFF
REGARDING COUNCIL CONTINGENCY FUNDS IN THE AMOUNT OF $25,000 FOR
NEIGHBORHOOD GRANTS (ITEM CONTINUED FROM SEPTEMBER 18, 2012)
Recommendation
That the City Council appropriate $25,000 from the FY 2012-13 City Council Contingency Fund
to support Neighborhood Grants.
Background
Strong neighborhoods have been a long tradition in the City of Palo Alto. When a Palo Altan
meets another Palo Altan, often one of the first questions asked is which neighborhood they live
in. It reflects a sense of community and identity within the city. It's also a tradition that benefits
from renewal in Palo Alto. Over 65,000 people call Palo Alto home. Many have been here for
decades with families that have lived here for generations. Some have just moved into the
community from nearby. Some have recently immigrated from another country and are creating
roots here in Palo Alto.
Neighborhoods are well-positioned to bring people together to experience their community
through neighborhood watch programs to deter crime, to support each other's day-to-day
activities like gardening and dog walking, and to prepare a localized response in the event of an
emergency or natural disaster. As a community, the relationships neighbors have are always in
need of renewal and are built through pro-active efforts.
Looking at 2010 Census data shows that over the last two decades Palo Alto has experienced
significant demographic shifts in its population. Two trends stand out. First, the graying of our
population: 17 percent of Palo Altans are now over 65 years old. Second, the growing Asian
population: Nearly 30 percent of Palo Altans now identify themselves as Asian or Asian-
American.
The benefit of new or reaffirmed relationships with neighbors can be understood from a city
perspective. Recently, the Police Department has been responding to a spike in burglaries by
September 24, 2012 Page 2 of 2
(ID # 3149)
increasing police presence in impacted neighborhoods. It is essential that community members
have existing relationships with their neighbors to serve as an extra set of eyes and ears to
support the public safety for all generations and cultures in each neighborhood.
More neighborliness will enhance the quality of life for all of us in Palo Alto. Research on social
capital indicates that creating options for neighbors to gather and interact, through their local
parks or block parties, increases the sense of community experienced.
Conclusion
The importance of supporting and investing in our neighborhoods directly through a grant
program is important for the community in Palo Alto that will have positive benefits from a city
perspective and support the sense of neighborliness.
To support this effort, we ask colleagues to join us in directing staff to develop a pilot
neighborhood grant program funded for the first year through $25,000 from the FY 2012-13 City
Council contingency fund. Staff would design a grant program that would include the following
characteristics:
1) Clearly state which associations or groups are eligible to apply for the grant. This should
not develop into an entitlement for any particular group and safeguards should be put in
place such that it does not. Furthermore, new and innovative ideas for neighborhood
events should get preference.
2) Allow neighborhood associations or groups to submit a basic application to fund events
or activities in their neighborhoods.
3) Events to be funded would bring both long-standing and new neighbors (moved within
last 5 years) together in their neighborhoods and would seek to incorporate interaction
between generations and cultures.
4) Include a cap to the amount each neighborhood association or group could apply for
through the grant to insure multiple grants to different neighborhoods.
5) Staff should have the pilot program ready to go by the beginning of 2013.
City of Palo Alto (ID # 3051)
City Council Staff Report
Report Type: Action ItemsMeeting Date: 9/24/2012
Summary Title: 27 University Avenue - Authorize Preparation of Ballot
Language
Title: Request for Council to Review Site Plan and Massing Concepts for 27
University Avenue, to Direct Staff to Execute Letter of Intent with
TheatreWorks, and to Authorize Staff to Prepare Advisory Ballot Measure
Language for Council Consideration
From: City Manager
Lead Department: Planning and Community Environment
Recommendation
Staff recommends that the City Council:
1. Review and comment on the proposed master plan;
2. Authorize staff to execute the attached Letter of Intent with TheatreWorks to
collaborate on a Theater Arts Performance Center at 27 University Avenue; and
3. Direct the City Attorney to draft an advisory measure for the March election to ask
voters whether (1) the City Council should initiate a change in the Comprehensive
Plan and Zoning Code to facilitate the Project, and (2) the City Council should
exchange the unused “panhandle” portion of El Camino Park for more usable portion
of adjacent land to facilitate better site planning for the Project.
Executive Summary
This project represents an unprecedented opportunity to transform the centrally located,
transitional area between Downtown Palo Alto and Stanford University, a prominent part of
town where decades of plans have engendered little change. The project is propelled by an
extraordinary public-private partnership involving several parties, which would allow goals that
have been pursued for many years to be realized. These goals include:
The improvement of the critical pedestrian, bicycle, and vehicular linkages between
Stanford University, Stanford Shopping Center, Stanford Hospital and the downtown
business and residential areas of Palo Alto;
The building of a performing arts theater; and
The improvement of the Intermodal Transit Center.
To realize these goals and pursue other opportunities, such as establishing a centrally located
public plaza and a center for innovation, the City has embarked on a comprehensive master
plan effort, with weekly meetings of staff, consultants and key players. City staff and
consultants have been collaborating extensively with staff of the major public transit agencies,
and with Stanford’s Marguerite planners, to create long-term, sustainable transit solutions
serving Palo Alto, Stanford and the region. Representatives from TheatreWorks and the
patron/developer have been involved to contribute to a full and accurate understanding of
needs and opportunities for various uses.
This initial effort with early coordination identified desired site improvements for multiple
users. This report describes the various planning strategies and urban design objectives
discussed over the past several months. Council and the community are now presented with
these to provide comments on the resulting concepts embodied in the draft master plan. It is
intended that this plan will help City staff evaluate the future applications for uses in this area,
to ensure the realization of multiple city and regional goals.
The urban design plan is designed to advance the following objectives:
Create a new Arts and Innovation District, between the Downtown Palo Alto Caltrain
Station and El Camino Real incorporating El Camino Park – situated at the highly visible
and accessible transitional area where Stanford University and Downtown Palo Alto
meet;
Brings “town and gown” together, to advance a common purpose of supporting their
shared creative, entrepreneurial leadership in the arts and technological innovation;
Creates a new permanent home for TheatreWorks in Palo Alto – the acclaimed, award-
winning premier theater of Silicon Valley, nationally recognized for its artistic quality,
education programs and New Works Initiative, all inspired by and engaging the diverse
Silicon Valley community;
Offers prominent, excellently designed, contemporary office space to house premier
Silicon Valley technology companies in Palo Alto, advancing Palo Alto’s reputation as a
global center of technology and innovation;
Create new vibrant, urban destinations, that add to and complement the appeal, scale
and character of downtown, including a redesign of the University Avenue entrance to
downtown; and
Re-design and enhance transit accessibility and capacity for the long-term sustainability
of Palo Alto and Stanford, as well as enhance pedestrian and bicycle connectivity to
downtown and Stanford and between them.
Staff is seeking Council comments and public input on the master plan and future advisory
measure to help further define this master plan concept. Staff is also asking Council to direct
staff to execute an agreement with TheatreWorks to partner on the new theater facility. Finally,
staff requests that Council direct the preparation of a ballot measure to determine public
support for the use of a portion of the City’s parkland for the theater and for the zoning
concept of the Arts and Innovation District.
Background
Master Plan
In August of 2011, John Arrillaga approached the City to discuss the possibility of developing an
office building at 27 University Avenue. In March of 2012, the City Council of Palo Alto
authorized the use of Intermodal Transit Funds set aside in the Stanford University Medical
Center Development Agreement to initiate the study of a master plan concept for the areas
around 27 University Avenue to understand how this area and opportunity can better serve the
City.
The Council recognized that a project of the size being discussed provided the potential for
implementation of two efforts that the City had been pursuing for many years:
The improvement of the critical pedestrian, bicycle, and vehicular linkages between
Stanford University, Stanford Shopping Center, Stanford Hospital and the downtown
business and residential areas of Palo Alto; and
The building of a performing arts theater.
The Council directed staff to pursue this opportunity using a comprehensive master plan
approach as a means to coordinate these improvements early on in the process rather than
after receipt of an application. This allows the master plan’s planning and design objectives to
be part of the design strategy and to evaluate the future applications for uses in this area.
The City used the Intermodal Transit Funds to hire design consultants to work on the master
plan. Within the first several weeks of the start of this master planning effort, the City’s team
recognized that a third planning effort that the City had been pursuing for many years could
also be realized:
The improvement of the Intermodal Transit Center.
As the impacts of a proposed development and the existing deficiencies were identified, the
scope of the master plan increased to include a larger geographic area, a longer planning time
horizon, more meetings and interaction with critical transit agencies, property owners and the
potential applicant so that additional concept solutions could be explored and tested for
synergy and incorporation into the plan. As a result, the additional concept solutions that have
been incorporated into the master plan include:
Increasing the capacity time horizon of the Intermodal Transit Center to 2030, by
moving it from its current location to the ring road around University Avenue and Urban
Lane;
Improving the usability, safety, and functionality of University Avenue / El Camino Real
vehicular intersections by removing the two lane road ringing University Avenue and
replacing it with a 4 lane horse shoe shaped “Transit Ring Road”;
Lessening the intensity of the proposed office and theater use; and
Exchange the unused “panhandle” portion of the El Camino Park for land that makes the
park more usable and improves the integration of the park with the Project.
Previous Planning Efforts
The 27 University Avenue area has been the focus of planning efforts nearly continuously since
1880 (Attachment E –Time Line). Three recent efforts are particularly important to the
development of this master plan: (1) Multi-Modal Transit Station (PAITC Study), (2) Performing
Arts Initiative, and (3) Stanford Medical Center Development Agreement.
The University Avenue Multi-Modal Transit Station
In 1993 Stanford University and the City of Palo Alto began a series of meetings and community
workshops to discuss ways to improve pedestrian, bicycle, and open space connections to the
Palo Alto Station and facilitate transit usage. Proposed rail and bus service expansion planned
by the Peninsula Joint Powers Board (JPB), the San Mateo County Transit District (SamTrans),
and the Valley Transportation Authority (VTA) pointed to an additional need to develop the
Palo Alto Station as an intermodal transit facility. In June of 2002 the Palo Alto Intermodal
Transit Center Study (“PAITC Study”) was completed. The Study investigated alternative
solutions that satisfied the issues that were identified in the workshops.
In 2007, the Study was followed by a Project Implementation Plan for the Palo Alto Intermodal
Transit Center that was published and presented to the Palo Alto City Council, can be viewed at
the following link http://www.cityofpaloalto.org/civicax/filebank/documents/31194.
These efforts support the City’s objective to pursue the development of a multi-modal transit
station to reduce the reliance on single occupant vehicles, and provide a viable transit
alternative to driving. In particular, the proposal addresses the following goals, policies, and
programs of the City of Palo Alto’s Comprehensive Plan: Goals T-1 and T-2, Policy T-5, Program
T-14 and Program T-15.
The Palo Alto / Stanford University Performing Arts Initiative
In 2000 the City and Stanford University published a Programming and Financial Feasibility
Study “…to determine the feasibility of a project, cooperative in nature, and specific in purpose
to enrich the cultural opportunities for the immediate Palo Alto and Stanford University
communities as well as the region” , the link to this study is https://fgy-
arch.box.com/shared/rqkjpefe3o9omko4698h.
The Management Committee for this study included, in addition to the City, Stanford University
and the professional consultants, TheatreWorks. TheatreWorks was invited to participate
because they are the largest theater company on the Peninsula (3rd largest in the Bay Area),
have the proven capability of operating a professional theater of the size that can support a
major new professional theater space supporting the cultural needs of Palo Alto’s community
and because they were in need of a dedicated home.
The findings of this study included the conclusion that three performing arts concepts should be
pursued:
Stanford Performing Arts Center on campus organized primarily around a 1,800 seat
multipurpose Music Theater with first class concert acoustics;
A Drama – Dance center on Stanford’s campus to be created from the renovation of the
Roble Gym on Stanford’s campus; and
Palo Alto Theatre Center organized around an 800-seat proscenium theater equipped
with a high level of technical support and located on one of the playing fields of El
Camino Park (where the reservoir is being built, now).
TheatreWorks was identified as the prime potential occupant of the Palo Alto Theatre Center.
The Stanford University Medical Center Development Agreement
In 2011, the City of Palo Alto entered into a development agreement between the City of Palo
Alto and the Stanford University Medical Center Parties (SUMC). Within the development
agreement there is a provision to encourage use of Caltrain, bus and other transit services, and
to enhance and encourage use of pedestrian and bicycle connections between the SUMC and
downtown Palo Alto. The Agreement contains a one-time $2,250,000 payment to the City to go
towards development of an attractive, landscaped passive park/green space with a clearly
marked and lighted pedestrian pathway, benches and flower borders.
Existing Conditions
The information below includes existing conditions related to the following topics: Transit,
Street System, Infrastructure, Existing Structures, Ownership, Leases and Subleases, Current
Planning and Project Efforts.
Transit
The master plan area is at the terminus of the several major transit systems including the VTA,
SamTrans, and Stanford’s Marguerite Shuttle bus system. The University Avenue Caltrain
station has the highest volume of any stop on the Caltrain line, with the exception of the
terminus in San Francisco. It is a critical link in the transit system for many transit providers.
The physical size and location of the Intermodal Transit Station presents the most significant
existing condition to the planning of this area. The deficiencies of the existing Intermodal
Transit Station, including capacity constraints and operational issues, are well documented in
the 2007 Project Implementation Plan for the Palo Alto Intermodal Transit Center.
Street System
The master plan area is bounded by El Camino Real on the West and the Caltrain tracks and
Alma Street on the East. Palo Alto’s primary shopping street, University Avenue, passes through
the area. Although not named, the ring road surrounding University Avenue that allows access
to the Intermodal Transit Center, the train station, train depot and Urban Lane is included in
this study. Other streets include the ramp from northbound El Camino Real into this area that
passes in front of the Sheraton Hotel to University Avenue and the ramp that enters
northbound El Camino Real from University Avenue. Although referred to as ramps, they do not
change their elevation; rather El Camino Real lowers to pass under University Avenue.
Infrastructure
The master plan area includes significant utility infrastructure including high-tension power
lines, an underground gas main, sewer, storm water, and a spur of the Hetch Hetchy water line.
Existing Structures
Existing structures within the master plan area include:
Southern Pacific Railroad Depot* and related ancillary passenger waiting structures;
Lytton Avenue pedestrian underpass;
“Hostess House,” aka Veteran's Memorial Building, currently used by MacArthur Park
restaurant, designed by Julia Morgan Architect*;
A small single story building behind the Hostess House that is currently occupied by the
Red Cross;
The train overcrossing (bridge) that spans University Avenue; and
The vehicular and pedestrian University Avenue Bridge that goes over El Camino Real.
*Both the Southern Pacific Railroad Depot and the Hostess House are historic structures.
Although considered for historic status at one time, the train overpassing does not have historic
status.
Ownership, Leases and Sub-Leases
The train tracks and the train overcrossing are owned by the JPB. The majority of the master
plan area is owned by the Board of Trustees of the Leland Stanford Junior University.
Attachment B includes an Ownership Exhibit to clarify existing ownership conditions. The
Stanford lands are leased to the following:
Stanford leases dedicated parkland to the City for El Camino Park; the term of the lease
for the Parkland parcel was extended to June 30, 2042
Stanford leases Depot portion of the site to the City and the City subleases the Depot to
the VTA for the Inter-Modal Transit Station; the sublease with VTA will expire on June
30, 2013
Stanford leases land to the American Red Cross; lease expires 2013
Stanford leases land to MacArthur Park; lease expires 2013
Sheraton Hotel; Assignment and assumption of the sublease to Stanford on October 12,
1999
Current Planning and Project Efforts
Several current planning efforts are currently in motion and may influence or be impacted by
the planning of this area including the following:
High Speed Rail
City of Palo Alto Water Reservoir Project
El Camino Park Improvements
Downtown Development Cap Analysis
Project Description
Master Plan Boundaries
The Master Plan area is bounded by the Caltrain right-of-way on the east, El Camino Real on the
west, El Camino Park to the north and along Urban Lane south to the Palo Alto Medical
Foundation (PAMF). Attachment B includes a diagram showing the Master Plan boundaries.
Urban Design
The urban design for the area is informed by the City of Palo Alto’s Comprehensive Plan, the
Intermodal Transit and other past planning efforts mentioned above, best practices for 21st
century sustainable, transit-oriented design, Olmstead’s 19th century plans for the area and the
collaborative urban design process with the city, project patron, agencies and consultants.
Architectural Design is further discussed later in this report.
City staff and the project consultants worked extensively during this initial phase with the VTA,
SamTrans, Stanford and Caltrain agencies to identify near and long-term design solutions to
accommodate future transit needs and increased year 2030 capacity requirements.
Transit Ring Road
The master plan relocates the Intermodal Transit Center to a new Transit Ring Road
surrounding University Avenue. This improves the layout and efficiently of transit operations,
and avoids a potential unintended consequence of precluding future expansion of bus capacity
with the development of the site. The design of the Transit Ring Road increases the capacity for
buses and provides redundancy in transit access via Quarry Road. The three main transit
agencies currently utilizing the existing transit mall (Stanford Marguerite, VTA, and Samtrans)
have been actively involved in the design of the new Transit Ring Road and are supportive of
the Transit-Oriented Development (TOD) opportunities and excited about the expansion
opportunities the project provides.
The Transit Ring Road will replace the existing University Avenue loop road. The initial design of
the Transit Ring Road, subject to future refinements, is a two lane, two-way street with
continuous curbside bus stops. The existing loop road connects at University Avenue are
expanded and the connection to El Camino Real ramps widened for two-way circulation.
Redundancy into and out of the site for transit is provided through a proposed extension of
Quarry Road. The Quarry Road expansion provides for bicycle and pedestrian connectivity
improvements that are lacking today, by bridging the connectivity gap between the Stanford
Shopping Center and Downtown.
The existing transit mall and University Loop provide a total of 18 transit stops. The proposed
Transit Ring Road provides for up to 35 transit stops, nearly doubling the capacity of the transit
mall to meet the future transit needs of the Stanford Marguerite, VTA, and Samtrans fleets.
The Transit Ring Road takes advantage of transit capacity opportunities at Lot X adjacent to the
Sheridan Hotel and preserves future transit capacity growth along Urban Lane. Each of the
three major transit agencies has been actively helping to design the proposed Transit Ring
Road, to ensure that transit operations are feasible, the project meets current and future
needs, and that transfer opportunities between transit fleets remains convenient for users. The
City will continue to work with the agencies on the design details.
The Transit Ring Road around University Avenue supports the following site design elements:
Ramps to underground parking ramps along Quarry Road Extension and the existing
northbound El Camino Real on-ramp;.
Extension of Quarry Road between El Camino Real and Mitchell Lane around the backside of
the theater building to improve vehicular access and egress to and from the development
parcel. Surface parking spaces are envisioned between El Camino Real opposite the new
plaza. The below grade garage would also be accessible from Mitchell Lane; and
Segregating the resulting streets that ring the development parcel to be primarily used by
automobiles. Buses only use these streets on a contingency basis. Depending on how the
operations of the various transit agencies is developed it is likely the area adjacent to the
existing train depot may be available for both kiss-n-ride operations and short-term transit
stops.
Future transit capacity opportunities exist along Urban Lane, but Samtrans has requested that
in the near-term, Urban Lane remain available for the support of vehicle parking for Caltrain
users. Samtrans is currently partnering with the City to explore future structured parking
facilities along Urban Lane that introduce opportunities for expanded transit operations in the
future. The proposed Transit Ring Road design supports the existing and future demands of
transit already, but preserving Urban Lane for future transit expansion ensures that increased
transit growth needs can be met. A new bus turn around loop at the southern end of Urban
Lane, behind the Palo Alto Medical Foundation (PAMF), is recommended immediately as part of
the Transit Ring Road design to support efficient transit movements.
Street and Block Pattern
The Master Plan’s street and block pattern is designed to be appropriate in size, orientation and
accessibility for the proposed uses and surrounding area. The District is divided into two city
blocks: an urban block at University Avenue and a park block adjacent to El Camino Park. The
urban block faces the new Transit Ring Road. The theater is located on the east and public plaza
on the west. A mid-block crossing extends from University Avenue to El Camino Park. This
block pattern is similar to Olmstead’s 19th century vision for this transitional area between El
Camino Real and the Caltrain tracks.
Site Access and Parking
Unlike the current condition, site access and parking is designed to be intuitively obvious, safe,
convenient and attractive. Theater access is from Quarry Road and the El Camino Real
northbound ramp. The extension of Quarry Road is designed as a slow street, with pavers and
bollards and perpendicular surface parking. For theater performances the surface parking
adjacent to the theater on Quarry Road can be reconfigured for drop-offs plus a double row of
parallel parking spaces. Cars can circulate around the theater to access below grade parking by
the depot. An elevator and stair located on the west side of the theater brings people from
below grade parking to the theater plaza.
Access to the mixed-use office buildings is from the El Camino Real ramp and the street in front
of the depot. The El Camino Real ramp is reconfigured to two lanes with curbside drop-off for
the mixed-use buildings and the theater.
Parking access from the El Camino Real ramp is two lanes in and two lanes out. Parking access
from the depot side of the block is one lane in and two lanes out. Sidewalks on either side of
the access ramps connect street level pedestrian movements with the parking levels. Three
levels of underground parking accommodate approximately 850 to 900 automobiles.
Building Height, Massing and Orientation
Building height, orientation and massing designed for the proposed uses is appropriate for the
character and harmoniously transition in scale to the surrounding area.
The massing of the mixed-use office buildings is separated into paired towers facing University
Avenue and the Theater Park Plaza. Each tower pair is linked together by multi-story bridges.
The western tower of the University Avenue pair is 10 stories high and the eastern tower steps
down to 9 stories. A 7- story bridge connects these two towers. The western tower of the
Theater Park Plaza pair is 6 stories and the eastern tower steps up to 7 stories, connected by a
four-story bridge.
The tallest element of the theater is the 100-foot tall fly tower that is oriented east/west to
minimize the profile when viewed from downtown and downtown north Palo Alto. With the
Theater Park Plaza between it and El Camino Real, views of the theater from El Camino Real will
be maximized. The fly tower anchors the northern end of the project. The theater massing then
steps down to the Theater Park Plaza to the west where the main pedestrian connection from
downtown to the theater occurs.
Architectural Design
The applicant is responsible for the design of the site, buildings and structures. Pending the
City’s review of the Master Plan Concepts, they will be developed further and submitted for
review at a later time. Much like it did with the Stanford Hospital project, the City is actively
engaging the applicant in the goals the City has for this area as included in the Proposed Master
Plan. Additionally, the City is participating in the iterations of the design concepts for the site
and buildings in frequent meetings with the applicant to ensure compatibility with future
architectural plans with the City’s circulation and urban planning goals.
The Existing Architectural Context
The site for these buildings is at the intersection of Stanford and Palo Alto – both of which have
strong architectural heritages. Both have embraced many different styles of architecture but it
is the darker Richardsonian Romanesque stones that seem to crowd out other memories of
Stanford. And it is the lighter stucco surfaces of Birge Clark’s various investigations into the
Spanish styles, or California Colonial as he sometimes used to call his style, that are often what
is remembered first about Palo Alto.
The styles of both the office and the theater buildings are planned to be contemporary. The
City’s intent is to encourage the applicant to find ways to integrate aspects of each of these
worlds into the architecture of the offices and theater. Sometimes the recall is very direct; the
planned use of the Canary Island Palms around the new Transit Ring Road anchors Stanford’s
Palm Drive at the train tracks as Olmstead had drawn 140 years ago.
The Mixed Use Office Buildings
The goal of the mixed use office buildings is for them to be designed as prominent, carefully
constructed, contemporary office space to house premier Silicon Valley technology companies
in Palo Alto, advancing Palo Alto’s reputation as a global center of technology and innovation.
The amount of office area is key to attracting a world-class office headquarters tenant. The
total amount of space, size of floor plate and other building and mass characteristics of the
office buildings were refined in conversations that included two dominant local employers,
Google and Facebook, as proxies for the larger market place.
The elevations in the current design iteration have a contemporary steel and glass expression
and a strong base/shaft/top that ties them compositionally to the more traditional buildings
found in Palo Alto’s University Avenue business district. In plan the buildings are expressed as
four volumes to allow movement through the site and scale down the mass of the office use.
Like other buildings along University Avenue, the primary experience of the pedestrian is from
the side walk and street scape up to the second floor. The mixed used office buildings step in at
their base to increase the width of the street sidewalks and the visual appeal of the street and
the office court.
Additional City design goals for the mixed use office buildings include:
• Organizing the mass of the office use vertically versus a horizontally to realize a smaller
footprint at the ground level and increase the opportunity for more pedestrian uses and
experiences at the street level.
• Breaking up the volume of office use into smaller mass and different heights, to reduce
the overall scale of the development.
• Creating central shared space that is identified with the office use by organizing the
office masses around an open court. This is a more urban approach that focuses on the
pedestrian experience of the street and ground plane versus utilizing a more suburban
strategy of creating a single larger tower surrounded by parking.
The proposed mixed use office gross floor area is 263,000 square feet.
The Theater Building
Unlike the mixed use office buildings, the theater’s location and placement will nearly always
give it a foreground; the primary views will be from the El Camino – Quarry intersection across
the Theater Park Plaza and looking North, down Mitchell Lane from the Transit Ring Road and
the Caltrain Station.
It is the nexus of the pedestrian paths from University Avenue, El Camino Park, the future
improved Lytton underpass and the Stanford Shopping Center that drove the placement of the
theater and the Theater Park Plaza. Defining / anchoring this area with the theater and public
plaza is critical to the success of these linkages.
In contrast to the glassy and transparent expression of the mixed use office buildings, the
theater needs to necessarily be more opaque. The current design iteration is a sculptural
organization of gently curved buff colored masonry walls that hint at the layers of curtains that
are often utilized on the stage within and recall the broad walls of buff stucco that are on some
of Palo Alto’s historic urban buildings.
As the interstitial spaces between these masonry curtains touch the exterior of the buildings
they are utilized to bring light and air into the interior spaces that can allow it, and for the large
egress requirements of the theater to exit. Smoother materials; glass, metal panels and metal
louvers are the primary materials being considered in these areas and contrast the rougher
masonry walls.
These masonry walls are being used for both their expressive qualities in addition to the
functional ones. Masonry is important because it helps protect the interior of the theater from
exterior noise. The walls are used to break up the noise of passing trains help reduce the
reflected acoustic impacts of the building’s mass.
The theater’s program was based on the 2000 Programming and Financial Feasibility Study.
The proposed theater gross floor area is 80,000 square feet. Because the new theater creates a
permanent home for TheatreWorks, TheatreWorks was engaged to help refine this program
and develop space strategies that support the larger community in addition to the theater’s
requirements.
The plan of the theater is organized to address its community role in significant ways. The City
and TheatreWorks are not intending that the building is simply open for performances of plays
each evening. The space is being conceived and designed for programming throughout the day
and into evening.
Upon entering the multi-story lobby, a broad range of programming is on view: the main stage
(to be home to approximately 250 performances each year), the black box theater on the
ground floor (to serve as a home for TheatreWorks’ nationally lauded New Works Festival,
among other programs), and the classrooms for TheatreWorks award winning educational
programs. Further up, the building includes a costume shop on the mezzanine level and the
administrative and rehearsal areas on the floors above.
Special attention has been placed on layout of the ground floor lobby and public spaces. The
lobby is big enough for non-theatrical gatherings of several hundred. The rehearsal areas have a
generous balcony overlooking the main lobby because from time to time the public will be
invited up to those spaces as well. The rehearsal lobby is also connected to a large roof terrace
that overlooks Theater Park Plaza.
The public spaces flow naturally into the Plaza in front. Many services, such as a café counter,
can be accessed either through the lobby or from the Plaza. The mingling of many
constituencies - artists creating work, audiences enjoying productions, pedestrians visiting the
café, patrons engaging in lunchtime lectures, students attending classes – come together to
create an energized, dynamic environment.
Sustainable Strategies
The applicant is committed to designing and building sustainably. These strategies will be
developed for presentation when the buildings are submitted.
Pedestrian and Bicycle Connectivity
The site plan is designed to create a pedestrian-oriented, bicycle accessible district that is
accessible and well connected to downtown University Avenue, the Downtown North
Neighborhood and Stanford. For pedestrians, the scale, pedestrian permi-ability and street
frontages on all four sides of each new city block is designed to be attractive and convenient for
walking.
Each building on the University block provides a two-story ground floor breezeway
between the building towers, forming the main entrance to the buildings and interior
courtyard. The breezeway is aligned along a central axis mid-block, creating a
pedestrian route through the interior courtyard from University Avenue to the Theater
Park Plaza beyond.
The Theater block presents the Theater Building in a park setting to extend the identity
of El Camino Park into the project. Pedestrians coming from the South, including the
Train Depot, the Transit Center or University Avenue will walk along Mitchell Lane and
at the Train Depot cross the street the Theater Park Plaza. Pedestrians coming from the
Stanford Mall or from Quarry Road will cross EL Camino Real and enter the Theater Park
Plaza.
Between these blocks, the existing Caltrain pedestrian tunnel at Lytton Avenue will be
widened for pedestrians and bicycles – similar to the Homer Avenue underpass – and
forms the Eastern entrance into the Project area. The area to the North of the Train
Depot will be developed into a large pedestrian plaza to facilitate the entry into this
underpass. This entry area and the underpass form a very important link between the
Downtown University Avenue and the Downtown North Neighborhood areas, the
Project and the Stanford Hospital and Shopping Center beyond.
The University Avenue underpass will be cleaned up and new lighting added.
Pedestrians can walk up new steps from University Avenue leading directly to 27
University Avenue, and the new Intermodal Transit Station including BRT stops and
Caltrain.
A new Class 1 bike path extends from the Caltrain station North along Mitchell Lane to
the intersection of El Camino Real and Quarry Road, where it will connect to the existing
El Camino Park bicycle path. The Lytton tunnel improvement will include bicycle paths.
The ADA access ramps will connect to the new Class 1 bike path to El Camino Park.
Public Spaces
The urban design of the District creates new, vibrant urban places to add to and complement
the appeal, scale and character of downtown.
The Transit Ring Road shapes a pair of symmetrical landscaped parks forming the
terminus of Palm Drive and entrance to Downtown. Steps climb up from University
Avenue to street level through an Oak savannah landscape. Pedestrian lighting curves
around the inside of the loop to frame a public entrance to the downtown. Canary
Palms are located in the median at University Avenue, as well as in front of the Caltrain
platforms at the top of the loop.
El Camino Real ramp is designed as a tree-lined, shady street, supportive of the “grand
boulevard” design concept for the El Camino Real. The ramp is reconfigured as two
lanes with street trees planted along the median and building street frontage.
Building setbacks curve wide at intersections and narrow at mid-block, creating a large
pedestrian sidewalk space at the corners, along El Camino Real and Urban Lane. This
avoids long, straight building walls and permits a continuous building wall with a large
mid-block opening to an interior courtyard. Building towers are setback at University
Avenue and the Theater Plaza to form public plazas with street trees.
The redesign of Mitchell Lane (parallel to El Camino Real, west of the Depot leading to
the existing Transit Center, north of University) is inspired by the “Winkelerf” street
concept, a Dutch term for “shopping yard” a street designed for slow traffic, safety,
livability and accessibility. Winkelerf streets eliminate the traditional design separation
between pedestrians, bicycles and vehicle movements. Mitchell Lane is designed
without curbs; rather the ground surface varies from a narrow paving pattern in the
street and a wider, pedestrian paving pattern along the sidewalk, separated by a slight
raised curb, bollards, street trees and pedestrian lights.
The Theater Park Plaza is designed as a vibrant public place, raised planting areas
protect it from El Camino Real street traffic, create sense of enclosure, paths for direct
access, focus on the buildings, seating to best view the elevations of the buildings,
forecourt to the theater, through movement between the shopping center, El Camino
Park, the offices and the Lytton Tunnel underpass, destination for visitors, community,
new downtown civic destination, brought to life with outdoor seating, vending and
eating.
Discussion
The project is anticipated to result in public benefits and advantages, such as better urban
design, connections, and cultural and economic opportunities. In order to achieve the project
and its advantages, several issues must be addressed as discussed below.
Zoning, Land Use Designation and Height
The existing zoning of the site is both Public Facilities and Planned Community PC 3266 (the
MacArthur Park restaurant site). The Land Use Designation is 'major institutions/special
facilities', defined as: "Institutional, academic, governmental, and community service uses and
lands that are either publicly owned or operated as non-profit organizations.” The proposed
project’s floor area ratio (FAR) would be no higher than the FAR limit specified in the City’s
“Mixed Use” land use definition.
The project, particularly the theater tower (“fly” area above the main stage for set storage) and
the office buildings would exceed the 50-foot height limit of the existing zone districts. Public
Facilities zoning allows for a 50-foot height maximum. Likewise, Planned Community zoning
also allows a 50-foot height maximum.
The height limit statement in the City’s Comprehensive Plan says, "The Citywide fifty foot height
limit has been respected in all new development since it was adopted in the 1970's. Only a few
exceptions have been granted for architectural enhancements or seismic safety retrofits to
non-complying buildings. In addition, the City has allowed taller buildings within the Hospital
District at the Stanford University Medical Center that reflect the Medical Center’s unique
needs." These statements are found under Program L-3 on page L-7 in the Land Use and
Community Design Element. Comprehensive Plan Program L-3 states: "Maintain and
periodically review height and density limits to discourage single uses that are inappropriate in
size and scale to the surrounding uses."
There are many existing buildings in the adjacent downtown area, and elsewhere within the
site’s vicinity, exceeding a height of 50 feet. The Council may wish to discuss the context for
existing buildings exceeding the 50-foot limit.
The Downtown has at least four buildings over 10 stories tall, including the following:
The condominium tower at 101 Alma, approved in 1958 as a PC (PC 1802), is 140 feet
tall.
The office building at 525 University, built in 1966, is 15 stories.
Channing House, circa 1962, is 11 stories in a 142-foot tall building.
Forest Towers at 501 Forest, circa 1965 (aka "The Mark") is 13 stories tall.
Other downtown structures over 50 feet tall include the following:
Casa Olga/Hotel at 180 Hamilton, 76 feet tall in 8 stories, built in the mid 1970’s.
The new 101 Lytton (Lytton Gateway PC), to be 50 feet tall with a 70-foot corner tower.
The President Hotel at 480 University Avenue, a seven-story building (6 stories plus a
mezzanine), built 1929-30.
Laning Chateau on Forest Avenue, a 6-story building, circa 1927.
Apartment building at 360 Forest, a 7-story building, circa 1930.
City Hall, a 9-story building (8 stories plus a mezzanine)
Beyond the immediate area are the following structures:
Hoover Pavilion is a six-story building (circa 1931).
Hoover Tower, on the Stanford Campus, is 285 feet tall.
New Stanford Hospital tower will be 153 feet tall (180 feet at top of the elevator tower).
Palo Alto Square, a PC at 3000 El Camino Real, 10 stories tall, built in 1972.
On-site Parking
The master plan includes a significant underground parking garage (three levels below grade)
for the office use. The theater’s use of the underground parking garage is primarily, although
not exclusively, anticipated at times when the parking demand by the office use is low. Some
surface parking spaces are included to serve the existing El Camino Park and the new Theater
Park Plaza and can be used for quick trips to the theater such as picking up tickets from the box
office. With approximately 850-900 parking spaces, it is anticipated that the site will have more
than enough parking to serve the site.
Building Program and Massing Concepts
The patron/applicant’s objective is to provide enough office area to attract world-class office
headquarters tenant. The total amount of space, size of floor plate and other building and mass
characteristics of the office buildings were refined in conversations that included two dominant
local employers, Google and Facebook, as proxies for the larger market place.
The theater program was based on the 2000 Programming and Financial Feasibility Study.
TheatreWorks was engaged to refine this program and help develop space strategies that can
synergistically also support the larger community in addition to the theater’s requirements.
The strategy that was arrived at includes the following:
Pursing a vertical strategy for the massing of the office use versus a horizontal layout to
realize a smaller footprint at the ground level and increase the opportunity for more
pedestrian uses and experiences at the street level.
Breaking up the office mass into smaller pieces and different heights, to reduce the
overall scale of the development.
Create several office masses organized around a central shared space, versus a single
office surrounded by plaza or parking. This is a more urban approach that focuses on the
pedestrian experience of the street.
Associating the theater use with the large public plaza and both of those uses with El
Camino Park and the Stanford Shopping Center.
Organizing the theater functions such that the rehearsal spaces in addition to the main
theater spaces can be accessed and utilized by the public as well (versus only being
accessible as part of the “back of house” areas as is more typically done).
Organizing the theater massing to break down its surface that faces the train tracks to
help reduce noise reflection, and stepping up to the taller mass of the fly space (versus
having the fly tower rise directly from the street level).
Julia Morgan Building
The MacArthur Park restaurant is located within the master plan area, in the location where the
office buildings are shown in the master plan. The site is a Planned Community zone (PC 3266)
that includes the restaurant, previously called the ‘Hostess House’ (also known as Veteran’s
Memorial Building), which can be viewed in the following link,
http://www.cityofpaloalto.org/civicax/filebank/documents/31191. The building is a historical
resource on the City’s Inventory and listed on the National Register of Historic Places. The
Hostess House was constructed 1918 in Menlo Park (Camp Fremont) then moved 1919 to Palo
Alto and deeded to the City. The adjacent Caltrain Depot (aka SP Depot) was constructed in
1940, and is also listed on the City’s Historic Inventory. The University Avenue underpass (aka
bridge over University Ave) was constructed in 1941 but is not listed on the City’s Historic
Inventory. This bridge was outside the Depot site boundary; therefore, the bridge is not
included in the SP Depot historic studies.
In 1932, the community center and theater uses in the Hostess House were relocated to the
Lucie Stern Center on Middlefield Road. This was well before formal planning was initiated for
the new train depot and associated University Avenue underpass in the late 1930s. The reason
the overpass-underpass project was initiated in the late 1930s was that the existing at-grade
crossings at University and at El Camino (especially) were becoming significant traffic flow
problems by the late '30s as local and mid-Peninsula populations expanded and private
automobile use became more common for everyone.
In order to realize the plan as proposed, the Hostess House would need to be relocated. While
this is still subject to Council consideration, one of several possibilities might be to relocate the
structure within El Camino Park. This would have significant impacts to the Council-adopted
design of the Park and to the usability of the park for sports and recreational activities, but is a
possible alternative. The City’s Park and Recreation Committee has formed an ad-hoc
committee to review several possible locations in Palo Alto. They will be considering these at
their meeting scheduled for October 2. The analysis and recommendation for the relocation of
the Hostess House will be presented to Council in a future meeting.
El Camino Park
The land of El Camino Park is dedicated parkland owned by Stanford. A portion of the proposed
theater and office buildings will encroach into these lands. The master plan proposes Stanford
swap the unused “panhandle” portion of El Camino Park for adjacent land that makes the park
more usable and accessible and improves the integration of the park and the Project. The total
amount of dedicated parkland remains unchanged.
Relationship to Downtown Parking Study and Development Cap
The City is conducting a Downtown Parking Study to assess general parking needs in the
downtown, as well as a study of the Downtown (Commercial Downtown district) Nonresidential
Development Cap. The development cap requires that nonresidential development be limited
to a net increase of 350,000 square feet in the Commercial Downtown (CD) district since 1986,
and that a study be initiated upon approval of 235,000 square feet of new development. This
threshold has recently been achieved and staff is soliciting consultant services to prepare a
study assessing the impacts of future downtown development on parking needs. The 27
University Avenue site is not located within the CD district or the prescribed development
limitation, but will be considered as context for other development in the downtown. Given
the project’s proximity to downtown and the CD zone, staff anticipates that a modest portion of
the downtown parking need (particularly weekday evenings and weekend days) may be
addressed by the additional parking provided by the project.
The project’s parking and traffic impacts will be fully analyzed in an EIR for the project. The EIR
will take into account Comprehensive Plan Policy L-8 which includes a maximum city wide
development limit of 3,257,900 square feet of new non-residential. Comprehensive Plan Policy
L-8 reads: “Maintain a limit of 3,257,900 square feet of new non-residential development for
the nine planning areas evaluated in the 1989 Citywide Land Use and Transportation Study,
with the understanding that the City Council may make modifications for specific properties
that allow modest additional growth. Such additional growth will count towards the 3,257,900
maximum.”
In addition, Comprehensive Plan Program L-7 reads: “Establish a system to monitor the rate of
non-residential development and traffic conditions related to both residential and non-
residential development at key intersections including those identified in the 1989 Citywide
Study and additional intersections identified in the Comprehensive Plan EIR. If the rate of
growth reaches the point where the citywide development maximum might be reached, the
City will reevaluate development policies and regulations.” These two provisions of the
Comprehensive Plan coupled with the legislative history surrounding adoption of the Plan,
appear to support a 3-pronged approach to finding that development complies with the growth
limit in the Comp Plan. If any one of the three below conditions applies, the proposed
development would comply with Policy L-8:
1. The proposed development falls within the applicable sub-area allowance specified in
the 1989 Citywide Land Use and Transportation Study (1989 Study) and the total
citywide cap of 3.2 Million square feet is not exceeded; or
2. The proposed development would cause the sub-area allowance to exceed the levels
specified in the 1989 Study but the total citywide cap of 3.2 Million square feet would
not be exceeded and the City Council approves the project with a finding that it
represents “modest additional growth.” This finding can only be made by the Council
and thus would only apply to projects that are approved by Council. This would thus
primarily apply to projects that require a zone change; or
3. The proposed development would cause the sub-area allowance to exceed the levels
specified in the 1989 Study but the total citywide cap of 3.2 Million would not be
exceeded, the project can comply with the growth limits if a traffic study shows that the
project will not cause any of the 11 key intersections identified in the 1989 Study to
exceed the Levels of Service identified in the Comp Plan build-out levels identified in the
1989 Study.
The project review and EIR will include an assessment of these criteria for the 27 University
Avenue site and will be timely with the ongoing revisions to the Comprehensive Plan and the
updated citywide traffic model.
Ballot initiative
A small portion of the theater structure, as well as the public plaza, will encroach into El Camino
Park and thus require a Park Improvement Ordinance. In addition, given the scope of this
project and the broad range of community stakeholders, staff suggests that an advisory
measure be placed on the ballot to gauge the community’s interest before significant resources
are dedicated to the Project. Specifically, staff recommends that the Advisory Measure ask the
voters whether (1) the City Council should initiate a change in the Comprehensive Plan and
Zoning code to facilitate the Project and (2) the City Council should exchange the unused
“panhandle” portion of El Camino Park for a more usable portion of adjacent land to facilitate
better site planning for the Project.
Staff recommends this election take place as soon as possible in order to minimize unnecessary
expense. The next election date is March 5, 2013 and the last Council meeting date for placing
an advisory measure on the ballot is December 3, 2012.
Support from TheatreWorks
Since the late 1990’s the City has been in discussions with TheatreWorks regarding
TheatreWorks’ search for a permanent home. When the opportunity for this project presented
itself, the City approached TheatreWorks to partner in the development of the master planning
concepts of this project, and TheatreWorks accepted this offer.
In 2000 the City, Stanford and TheatreWorks published the Palo Alto / Stanford University
Performing Arts Initiative Programming and Financial Feasibility Study. This study provided the
basis of the area program for the theater concept included in this master plan. The area
program was refined and focused using current data and requirements provided by
TheatreWorks. In addition to the space area program, specific space characteristics (such as the
height, depth, width, occupancy and proportion of the spaces) and their adjacencies have also
been defined by TheatreWorks. TheatreWorks has supported the City’s ongoing work and
discussions with the applicant by reviewing test-fits and concept plans.
The applicant has expressed willingness to fund only the core and shell of the theater building
ultimately it will fall to TheatreWorks to raise the funds needed to assemble a design team to
address the large number of technical issues the applicant will need to complete the design of
the shell and core and to address the completion of the interior design of the theater.
Because TheatreWorks will become the resident theater company of this project’s theater
building, TheatreWorks board has been kept up to date with the development of the project
and, at a time to be defined, will need to approve the company’s intent to move into the
theater that the applicant/patron has designed. A Letter Of Intent outlining the nature of the
relationship between TheatreWorks and the City has been drafted for the Council’s review and
comment (see Attachment A).
Timeline
If directed by Council, the City Attorney will preprare ballot measure language for the March
2013 ballot that will be brought back for Council consideration in November. The Council will
also need to authorize a new zoning district, the Arts and Innovation District, initiation of the
environmental review, and staff may initiate a Comprehensive Plan Amendment. The existing
Red Cross building is currently subject to the Williamson Act. Cancellation of the Williamson Act
contract may also be a future action.
Resource Impact
The staff report prepared for consultant contracts provides information on costs related to the
preliminary work on the master plan ($536,000). The other costs for the project would include
the following:
Cost to prepare an Environmental Impact Report.
Ballot cost.
Cost of staff time to initiate rezoning, attend hearings and prepare staff reports.
Cost to move the Hostess House to an off-site location.
Cost of applications for development, development processing and impact fees to be
paid by property owner and applicants.
The allocation of costs is yet to be determined.
Policy Implications
As noted earlier, the planning effort and subsequent projects are likely to effectively implement
City goals and objectives related to: a) improved transit, bicycle, pedestrian, and vehicular
circulation through this area; b) provision of cultural amenities and a public/community plaza at
this central location; and c) enhanced economic development and innovation technologies for
downtown. Revisions to the City’s Comprehensive Plan and other policy documents will be
required to implement this vision.
Environmental Review
Council’s comments on the master plan and direction to prepare ballot measure language are
not considered “projects” per the California Environmental Quality Act. A complete
environmental analysis (Environmental Impact Report) would be prepared upon submittal of
the project application.
Attachments:
Attachment A: Letters of Support (PDF)
Attachment B: Urban Design Exhibits (PDF)
Attachment C: Building Concepts (PDF)
Attachment D: Parkland Swap Exhibit (PDF)
Attachment E: Timeline (PDF)
Prepared By: Amy French, Current Planning Manager
Department Head: Curtis Williams, Director
City Manager Approval: ____________________________________
James Keene, City Manager
STANFORD
UNIVERSITY
September18,2012
Vice Mayor Greg Scharff
Members of the Palo Alto City Council
250 Hamilton Avenue
Palo Alto, CA 94301
Re: 27 University Avenue
Dear Vice Mayor Scharff and Council Members:
John Arrillaga has proposed an intriguing project for property adjacent to the
University Avenue CalTrain station in Palo Alto. It would include new office
buildings and a performing arts theater to be utilized by the TheatreWorks
Company. The property is owned by Stanford University. Although Stanford
has not been involved in the development of the proposal, it supports the
exploration of this concept among Mr. Arrillaga, TheatreWorks and the City of
Palo Alto.
The University Avenue CalTrain station is a critical hub for local area transit
services. Santa Clara County Valley Transportation Authority, SamTrans and
Stanford's Marguerite shuttle buses all use and depend on the area around the
station. Stanford believes the project area's transit needs --both current and
future --must be creatively and effectively addressed in the site plan and project
implementation, including planning for the future use of the Urban Lane area to
support expected expansion for additional bus parking. Stanford, including its
Parking and Transportation Services office, looks forward to participating in
planning for those needs.
John Arrillaga is an extraordinary, generous philanthropist who has provided
great benefits to the University, as well as other local community projects.
Stanford is pleased that the City of Palo Alto will be giving this proposal its
thoughtful and constructive consideration.
Very truly yours,
~cCown ~~~r of Community Relations
Office of Public Affairs
Government and Community Relations
Building 170, First Floor, Stanford, CA 94305-2040 T 650.725.3320 F 650.725.3577
qty: of Palo Alto
Office of the City Manager
September 18, 2012
Phil Santora, Managing Director
TheatreWorks, Inc.
P.O. Box 50458
Palo Alto, California 94303-0458
RE:. Letter of Intent Regarding Community Theater at 27 University
Avenue. Palo Alto
Dear Mr. Santora:
The City of Palo Alto (the "City") and TheatreWorks ("TheatreWorks") (each a
"Party" and, collectively, the "Parties") desire to collaborate on a venture intended to
result in the design, development and operation of a Palo Alto-based performing arts
theater, in the general vicinity of 27 University Avenue, Palo Alto (the "Theater"), to serve
the Palo Alto community, its residents, its children, the owners and employees of its
businesses and its visitors. The Theater will be developed in conjunction with four multi-
storied office buildings on land owned by Stanford University; with an upgraded multi-
modal transit center that will service VTA buses and Stanford's Marguerite shuttles; amI
with an outdoor plaza area that will be open to the public (collectively, the
"Development"). The Development is sponsored by John Arrillaga, in part as a
philanthropic gift to the Palo Alto community, TheatreWorks and Stanford University.
Located next to EI Camino Park, portions of the Theater, including tlie public
outdoor plaza adjacent to which It will be situated, will encroach into a portion of the
existing southern boundary of EI Camino Park. The City understands that TheatreWorks
desires to enter into an agreement with the ·City, on mutually acceptable terms and
conditions, to enable such encroachment and to facilitate the development of a
performing arts center that will be a critical element of a new City zone knownas the Arts
and Innovation District.
The Parties contemplate the following:
1. The Parties desire to form a public-private partnership pursuant to City of
Palo Alto Policy and Procedure 1-25.
2. The Development will be located in the vicinity of 27 University Avenue,
Palo Alto.· The Theater will be approximately 91,000 net usable square feet.
3. TheatreWorks shall use the Theater, consistent with its 43 year history, as
follows: .
(a)·· . Provide award winning, nationally recognized theater:
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Printed wilh soy-based blks on 101)'110 recycled pllpcr processed without chlorLlle
p.o. Box 10250
PaloAito,CA 94303
650.329.2563
650.325.5025 fax
a Winner of 70 Bay Area Critics' Circle Awards since 2002
a Named #1 Performing Arts Organization by the Silicon Va/ley
Business Journal
o Named Best Place for Live Entertainment by the Palo Alto Weekly
a Recognized nationally as a leading regional theatre
a Produce world premieres (62 to date)
a Draw audiences from the entire Bay Area
a Produce more than 200 performances each season (use of stage
at least 40 weeks per year; use of rehearsal halls at least 30 weeks
per year; use of offices and costume shop 52 weeks per year)
(b) Develop innovative new plays and musicals through its nationally
recognized New Works Initiative:
a Produce new works (120 to date)
a Launched the Tony Award winning musical Memphis
(c) Provide educational inspiration and pedagogy for the community's
teachers, children and young adults:
o Continue as a Kennedy Center Partner in Education.
o Continue to serve no fewer than 23,000 students annually
through programs such as Concepts at Play (which has increased
vocabulary retention for science and poetry by more than 100%),
-Theatre for English Language Learners, The Young Playwrights'
Project, and a touring production performed at local schools
featuring current topics recommended by the Palo Alto Unified
School District.
a Continue to serve teachers with programs embedded in the
school day (Theatre Works for Schools) and to provide training to
young artists outside of school (The Drama School).
4. The term of the agreement between the Parties, which shall be in the form
of a long-term sublease (the" Agreement"), shall be for that certain period
commencing after the City has certified the Environmental Impact Report
for the Development and expiring, subject to prior termination pursuant to
Section 7 below, at the end of the current (and potentially extended) term
ofthe ground lease between the City and Stanford University for HI Camino
Park.
--------------Page2
5. TheatreWorks will not pay rent to the City but, in lieu thereof,
TheatreWorks will make portions of the Theater available to the City on
terms and conditions to be decided (including, on a space available basis, to
community non-profit organizations), which terms and conditions shall not
impede TheatreWorks' customary production schedule or the New Works
Festival. In addition, to the extent John Arrillaga's financial contribution is
not sufficient to finance the same, TheatreWorks shall be responsible for
raising all necessary funds to develop, entitle, design, and construct the
Theater. During the term of the Agreement, TheatreWorks shall pay for all
ongoing maintenance and repair costs of the Theater.
6. Upon TheatreWorks' execution of this Letter of Intent, the Parties
understand that TheatreWorks will begin the process of designing a capital
campaign and engaging consultants (architects, engineers, etc.) to design
the interior of the Theater.
7. In the event that, for two (2) or more consecutive years, (a) TheatreWorks
fails to produce at least seventy-five percent (75%) of the number of
annual productions that shall be established by the Agreement, or (b) is
unable to pay the costs of maintaining the Theater in a first-class condition,
the City shall have the right, upon six (6) months' prior written notice, to
terminate the leasehold estate on terms and conditions to be set forth in
the Agreement.
8. TheatreWorks will furnish a copy of its articles of incorporation and the
last three years of annual operating budgets to the City following execution
of this Letter of Intent.
9. The City, subject to the approval of the City Council, will contribute not
more than $260,000 to be applied to entitlement-related costs and
expenses for the Development, including the Theatre. The City will not
absorb any other costs or expenses relating to the design and construction
ofthe Theater in excess of the sum stipulated above.
10. FoIlowing the issuance by the City of a Certificate of Occupancy for the
Theater, all operational costs, including utilities rates and charges and
maintenance costs shall be borne by TheatreWorks.
11. Following execution of the Agreement, during the construction of the
Development, TheatreWorks will pay all utilities fees and charges that are
due and payable to the City's Enterprise Fund in connection with the
Development to the extent such costs and expenses are separately billed to
TheatreWorks and are not paid by John Arrillaga. Such fees and charges
will be listed, to the extent practicable, in an exhibit to the Agreement.
12. The Agreement will be subject to the approval of the Board of Directors of
TheatreWorks and the City Council and the approval as to form by the City
--------------Page 3
Attorney. The Council will be required to adopt a Park Improvement
Ordinance in connection with the Development.
12. This Letter of Intent is not intended to be a contract between the Parties
with respect to the Theater or the Development. It is intended to faciIi ta te
discussion of the Theater and is only an expression of the basis on which
the Parties would enter into an Agreement regarding the Theater and the
rights and obligations of the Parties thereunder. The City requests
TheatreWorks' execution below of this Letter of Intent in order that the
City may proceed to develop a draft Agreement concerning the
Development for TheatreWorks' consideration. Neither the City nor
TheatreWorks has any obligation with respect to the Development, unless
and until (a) the Development is approved by the Board of Directors of
TheatreWorks, (b) the Development is approved by the City,
(c) TheatreWorks concludes based upon its fund raising efforts that it will
be able to raise the funds necessary to construct the interior of the Theater,
and (d) a mutually acceptable Agreement is approved by Stanford
University, and subsequently executed and delivered by the Parties.
Sincerely,
James Keene
City Manager
TheatreWorks hereby acknowledges the foregoing proposed general terms of this Letter
of Intent between the Parties pertaining to the Theater.
Date: By:
Title:
----------------------------Page4 ----------------------------
FUKUJI PLANNING & DESIGN--FGY ARCHITECTS--SANDIS ENGINEERS
SEPTEMBER 24, 2012
ARTS & INNOVATION DISTRICT
URBAN DESIGN MASTER PLAN
FUKUJI PLANNING & DESIGN & FGY ARCHITECTS
SEPTEMBER 18, 2012
ARTS & INNOVATION DISTRICT
URBAN DESIGN MASTER PLAN
1. Existing Site Context & Project Area
2. Illustrative Plan
3. Illustrative Plan Detail
4. Existing Ownership & Leases
5. Existing Comprehensive Plan
6. Proposed Comprehensive Plan
7. Proposed Zoning Plan
8. Proposed Transit Circulation
9. Proposed Pedestrian Network
10. Proposed Bicycle Routes
11. Proposed Automobile Site Access
12. Proposed Public Spaces
13. Perspective--New Transit Center at University Avenue
14. Perspective--Entrance to the Arts & Innovation District
15. Perspective--Urban Lane at the Caltrain Depot
16. Perspective--Theater in the Park
17. Perspective--El Camino Real as Grand Boulevard
INDEX OF SUPPORTING EXHIBITS
ARTS & INNOVATION DISTRICT
FUKUJI PLANNING & DESIGN & FGY ARCHITECTS
SEPTEMBER 18, 2012
EXISTING SITE CONTEXT & PROJECT AREA
El Camino Real
Un
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El Camino Park
Transit Center
StanfordShoppingCenter
Sheration
MacArthurPark Westin
Arboreteum
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El Palo Alto
Urban Lane
Un
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RedCross
CaltrainDepot
OlympicGrove
Palo Alto Medical Foundation
PROJECT AREA
0 100’ 500’
N
ARTS & INNOVATION DISTRICT
FUKUJI PLANNING & DESIGN & FGY ARCHITECTS
SEPTEMBER 18, 2012
ILLUSTRATIVE PLAN
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fJI~CITY OF ~i PALO ALTO
ARTS & INNOVATION DISTRICT
FUKUJI PLANNING & DESIGN & FGY ARCHITECTS
SEPTEMBER 18, 2012
Illustrative Plan Detail
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ARTS & INNOVATION DISTRICT
FUKUJI PLANNING & DESIGN & FGY ARCHITECTS
SEPTEMBER 18, 2012
Park Parcels leased to the City of Palo Alto by Stanford
Peninsula CorridorJoint Powers Board
State Highway
City Streets
Leased to Sheraton Hotel by Stanford
Palo Alto Medical Foundationof Health
EXISTING PROPERTY OWNERSHIP & LEASES
Pacific Hotel DevelopmentVenture LLC
Leased to the American Red Cross by Stanford
Leased to Macarthur Parkby Stanford
Depot Parcel sublease by City of Palo Alto to “VTA”, (owned
by Stanford)
Owned by Stanford
Parking Lease Agreement from the City of Palo Alto to the Pacific Hotel Development Venture
ARTS & INNOVATION DISTRICT
FUKUJI PLANNING & DESIGN & FGY ARCHITECTS
SEPTEMBER 18, 2012
Public Park
Regional/CommunityCommercial
Major Institution/Special Facilities
Service Commercial
Major Institution/UniversityLands/Academic Reserve &Open Space
EXISTING COMPREHENSIVE PLAN LAND USE DESIGNATION
Multiple Family Residential
Streamside Open Space
Streets & Highways
Railroad Tracks
Creeks
ARTS & INNOVATION DISTRICT
FUKUJI PLANNING & DESIGN & FGY ARCHITECTS
SEPTEMBER 18, 2012
Public Park
Regional/CommunityCommercial
Major Institution/Special Facilities
Service Commercial
Major Institution/UniversityLands/Academic Reserve &Open Space
PROPOSED COMPREHENSIVE PLAN LAND USE DESIGNATION
Multiple Family Residential
Streamside Open Space
Streets & Highways
Railroad Tracks
Creeks
EXISTING DESIGNATIONS
Arts & Innovation District
NEW DISTRICT DESIGNATION
A&I
ARTS & INNOVATION DISTRICT
FUKUJI PLANNING & DESIGN & FGY ARCHITECTS
SEPTEMBER 18, 2012
District Boundaries
Stanford Lands
Public Facilities
BOUNDARY OF PROPOSED ARTS & INNOVATION DISTRICT OVER EXISTING ZONING
Major Arterial
Special Setback
Multi-modal Transit Center
Arts & Innovation District
NEW DISTRICT DESIGNATION EXISTING DESIGNATIONS
A&I
ARTS & INNOVATION DISTRICT
FUKUJI PLANNING & DESIGN & FGY ARCHITECTS
SEPTEMBER 18, 2012
PROPOSED TRANSIT ROUTES
VTA
Marguerite
Samtrans
ARTS & INNOVATION DISTRICT
FUKUJI PLANNING & DESIGN & FGY ARCHITECTS
SEPTEMBER 18, 2012
PROPOSED PEDESTRIAN NETWORK
Street Level Pedestrian Network
Below Grade Pedestrian Connections
ARTS & INNOVATION DISTRICT
FUKUJI PLANNING & DESIGN & FGY ARCHITECTS
SEPTEMBER 18, 2012
PROPOSED BICYCLE ROUTES
Bike Lanes
Bike Paths
Underground Bicycle Connection
Existing Bike Lanes
Existing Bike Lanes
Existing Bike Path
ARTS & INNOVATION DISTRICT
FUKUJI PLANNING & DESIGN & FGY ARCHITECTS
SEPTEMBER 18, 2012
PROPOSED AUTOMOBILE SITE ACCESS
Drop off/Pick up
Parking Access
*
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ARTS & INNOVATION DISTRICT
FUKUJI PLANNING & DESIGN & FGY ARCHITECTS
SEPTEMBER 18, 2012
1. Transit Plaza
2. Theater Plaza
3. Pedestrian Priority Street
4. Grand Boulevard Street Frontage
PROPOSED PUBLIC SPACES
4
3
12
ARTS & INNOVATION DISTRICT
FUKUJI PLANNING & DESIGN & FGY ARCHITECTS
SEPTEMBER 18, 2012
New Transit Center at University Avenue -- View from Palm Drive
f~'C'TY OF ~~ PALO ALTO
ARTS & INNOVATION DISTRICT
FUKUJI PLANNING & DESIGN & FGY ARCHITECTS
SEPTEMBER 18, 2012
Entrance to the Arts and Innovation District -- VIew from Caltrain Depot
f~'C'TY OF ~~ PALO ALTO
ARTS & INNOVATION DISTRICT
FUKUJI PLANNING & DESIGN & FGY ARCHITECTS
SEPTEMBER 18, 2012
Urban Lane at the Caltrain Depot -- View to Theater
f~'C'TY OF ~~ PALO ALTO
ARTS & INNOVATION DISTRICT
FUKUJI PLANNING & DESIGN & FGY ARCHITECTS
SEPTEMBER 18, 2012
Theater in the Park -- View from El Camino Park
f~'C'TY OF ~~ PALO ALTO
ARTS & INNOVATION DISTRICT
FUKUJI PLANNING & DESIGN & FGY ARCHITECTS
SEPTEMBER 18, 2012
El Camino Real as Grand Boulevard -- View along Local Accessway
f~'C'TY OF ~~ PALO ALTO
ARTS & INNOVATION DISTRICT
Fukuji Design & Planning FGY Architects Sandis Engineering
September 18, 2012 1
Massing Concept
View from the Southeast
Image is of massing concepts only and does not represent color or material
9 & 10 Story
Office Building Theater
Improved Lytton
Pedestrian
underpass
6 & 7 Story
Office Building
Historic Depot
Theater Plaza
ARTS & INNOVATION DISTRICT
Fukuji Design & Planning FGY Architects Sandis Engineering
September 18, 2012 2
Massing Concept
View from the Northwest
Image is of massing concepts only and does not represent color or material
9 & 10 Story
Office Building
Theater
Theater
Plaza
6 & 7 Story
Office Building
3 Floors of
Underground Pkg
ARTS & INNOVATION DISTRICT
Fukuji Design & Planning FGY Architects Sandis Engineering
September 18, 2012 3
Massing Concept
View from the Northwest
Image is of massing concepts only and does not represent color or material
9 & 10 Story
Office Building
Theater
Improved Lytton
Pedestrian
underpass
6 & 7 Story
Office Building
Historic Depot
ARTS & INNOVATION DISTRICT
Fukuji Design & Planning FGY Architects Sandis Engineering
September 18, 2012 4
Office Building
Ground Floor - Concept Plan
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ARTS & INNOVATION DISTRICT
Fukuji Design & Planning FGY Architects Sandis Engineering
September 18, 2012 5
Office Building
Typical Upper Floor - Concept Plan
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Fukuji Design & Planning FGY Architects Sandis Engineering
September 18, 2012 6
Office Building
University Avenue Building – Concept Section
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Fukuji Design & Planning FGY Architects Sandis Engineering
September 18, 2012 7
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Fukuji Design & Planning FGY Architects Sandis Engineering
September 18, 2012 8
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Fukuji Design & Planning FGY Architects Sandis Engineering
September 18, 2012 9
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ARTS & INNOVATION DISTRICT
Fukuji Design & Planning FGY Architects Sandis Engineering
September 18, 2012 10
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Fukuji Design & Planning FGY Architects Sandis Engineering
September 18, 2012 11
Concept Sections from all Buildings
Theater Plaza
Office Building
University Avenue
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Partial Time Line
Year Planning & Related Events Transit Structures
1864 Railroad was
completed over
the future
University Avenue
1880 Olmstead completes Stanford’s
Property Master Plan
1882 Stanford University Founded
1894 City of Palo Alto Incorporated
1918 The Hostess House is
built at Camp
Fremont in Menlo
Park
19?? The Hostess House is
moved to Palo Alto
1927 Laning Chateau is
completed – 6 stories
1929 The President Hotel
is completed – 6
stories
1930 360 Forest
Completed – 7
stories
1930 Palo Alto Medical Foundation
established
1932 The Community Center function
is relocated from the Hostess
House to the recently completed
Lucie Stern Community Center on
Middlefield Avenue
The Hostess House
remains in its current
location and starts a
slow period of
neglect &
deterioration
1940 Train Overpass
(bridge) over el
Camino built
1942 HP completes its first HQ
1955 Stanford Shopping Center
Opened
1962 Channing House
Completed – 142’ &
11 stories
1965 Forest Towers (The
Mark) completed –
13 stories
1966 535 university
completed – 15
stories
1968 Stanford Hospital Incorporated
Year Planning & Related Events Transit Structures
1972 3000 El Camino, Palo
Alto Square is
Completed – 10
stories
1974~ University Avenue
changes from a 4
lane street to 2
lanes and street
trees are added
1975 180 Casa Olga Hotel
complelted – 76’ & 8
stories
1995 The Hostess House (aka Veteran’s
Memorial Building, Historic
Building Inventory ID: 399) is
added to the City of Palo Alto’s
Historic Resources Inventory
Detail
1981 City approves the rezoning of 27
University from PF (Public
Facility) to PC (Planned
Community (PC 3266)) to allow
the MacArthur Park Restaurant
to occupy the Hostess House and
the improvement of the
property.
1983 Southern Pacific
Railroad Depot
rehabilitated
1998 VMware is founded
2007 Project Implementation Plan –
Palo Alto Intermodal Transit
Center presented to the Palo Alto
City Council
City of Palo Alto (ID # 3064)
City Council Staff Report
Report Type: Action ItemsMeeting Date: 9/24/2012
Summary Title: 27 University Avenue Contracts
Title: Approval of Professional Services: 1) Contract with Fukuji Planning and
Design in Amount of $139,500 for Preliminary Design Concept Services; 2)
Contract with Sandis Civil Engineers Surveyors Planners in the Amount of
$16,500 for Traffic Engineering, Civil Engineering and Arborist Report
Services; and 3) Contract with Fergus Garber Young Consultants in the
Amount of $85,000 for Urban Design and Architectural Services 4) Contact
with Metropolitan Planning Group in Amount of $45,000 for Project
Management for Real Property at 27 University Avenue to be Funded By the
Stanford Medical Center Intermodal Transit Funds with a Budget Amendment
Ordinance totaling $286,000.
From: City Manager
Lead Department: Planning and Community Environment
Recommendation
Staff recommends that Council authorize $286,000 from the Intermodal Transit Funds (set aside
in the Stanford Medical Center Development Agreement) to allow for consultant services for
the continued design concepts and analysis of 27 University Avenue.
Executive Summary
This report is related to the 27 University Master Plan staff report also scheduled for the
September 24 meeting.
The 2011 Stanford University Medical Center (SUMC) Development Agreement provided funds
for the design and construction of enhanced pedestrian and bicycle improvements east of El
Camino Park, at the intersection of El Camino Real and Quarry Road. Staff was approached
about the development of a new office and theater project on this property. In March 2012,
Council authorized use of $250,000 in design funds provided in the development agreement to
hire a consulting architect, site planner and urban designer, and planner, and to start
environmental analyses. This allowed for early coordination with multiple interested parties
including all of the different transit agencies, to ensure that the City’s goals and objectives are
included in the project design. The original project scope initially reviewed by the Council was
for an office and theater, however since that time the project scope has increased to include
redesign of the transit center, the functions of the adjacent uses such as Urban Lane, and
coordination with various transit agencies. The project parameters and amount of time it has
taken to review and coordinate this project has exceeded the original scope and therefore,
additional funds are needed to complete the work.
Background
John Arrillaga has approached the City of Palo Alto about constructing a new theater and office
building at 27 University Avenue. TheatreWorks is expected to be the operator of the theater.
The land is owned by Stanford University and houses the MacArthur Park restaurant and an
office used by the Red Cross.
In 2011, the City of Palo Alto entered into a Development Agreement between the City and the
Stanford University Medical Center (SUMC) parties. Within the development agreement there
is a provision to encourage use of Caltrain, bus and other transit services, and to enhance and
encourage use of pedestrian and bicycle connections between the SUMC and downtown Palo
Alto. The SUMC Parties agreed to a one-time $2,250,000 payment to the City held in an
Intermodal Transit Fund. Up to $2 million would to go towards the development of an
attractive, landscaped passive park/green space with a clearly marked and lighted pedestrian
pathway, benches and flower borders. The remaining $250,000 would be used for design
expenses. It was noted that the City would be responsible for constructing the improvements
and the funds would be used only for the specified purposes. Moreover, these funds are
earmarked specifically for the intermodal pedestrian improvements and are part of the
discretionary infrastructure or sustainability funds.
On March 5, 2012, the City Council authorized $250,000 from the Intermodal Transit Funds for
consultant services related to the preliminary design and initial environmental review of a
potential application for a new office and theater project at 27 University Avenue.
The City then hired Fukuji Planning and Design to provide urban design services, FGY Architects
to provide architectural design, Metropolitan Planning Group to provide planning services,
Sandis Civil Engineers to prepare a preliminary traffic analysis, on-site civil engineering analysis
and an arborist report, and Michael Reardon to provide illustrations for this project.
The proposed architectural and urban design work was anticipated to continue through the end
of May 2012, cumulating in circulation concepts, building footprints, heights and massing
design studies, district character studies and site plan concepts for the site. The work has taken
longer, particularly due to the need to redesign the transit center, working with the Valley
Transportation Authority, SAMTrans, Caltrain, and Stanford’s Marguerite Shuttle to coordinate
changes. The project concepts will be presented to the Council on September 24, 2012.
Discussion
The City has not received a formal application for this project, and the project is in the early
stages of design development. The original development concept for the project includes new
multi-story office buildings fronting El Camino Real, a separate theater building of
approximately 70,000 square feet, and a three-level underground garage. On site
improvements would include a public plaza, and enhanced pedestrian, bicycle and transit
connections. However, as the consultant team started to consider options, the opportunity to
include redesign of the transit facility emerged. This completely changed the development site
and required significant new coordination with multiple transit agencies including Valley
Transportation Authority (VTA), SamTrans, Caltrain and Stanford’s Marguerite Shuttle
operations. The scope also increased to consider the functions on Urban Lane as well as El
Camino Park. Part of the project would include moving the historic MacArthur Park building to
another location to be determined.
The project provides a potential benefit and design opportunity by building a new performing
arts theater and mixed-use office building at this location. Redesigning the project has the
potential to fulfill the following goals:
Create a new Arts and Innovation District.
Provide TheatreWorks with a new permanent home in Palo Alto.
Design attractive, vibrant, public spaces that are a new civic destination and identifiable
entrance to downtown Palo Alto.
Shape mixed-use office development to complement the scale and character of
downtown as well as provide ground floor uses to activate public spaces.
Achieve excellence in contemporary architectural design that reflects the City’s identity
as a center of technology and innovation.
Redesign the intermodal transit center to address long-term mobility, trip reduction and
sustainability goals for the City and Stanford.
Enhance pedestrian and bicycle connectivity to downtown and Stanford, per the SUMC
Development Agreement.
The goal for this design work is that early coordination between all parties and focused design
work will support a future application to create an attractive, vibrant, urban destination and
identity for people arriving by transit to Palo Alto, one that complements the scale and
character of downtown, and enhances connectivity to downtown and Stanford.
During the initial stages of the site planning review, redesigning the transit center emerged as a
viable option to increase bus capacity and to allow for a better designed site. Several meetings
were held with the various transit agencies to review alternatives. This time intensive work
helped open up the site to allow for a more comprehensive design approach. However, the
complicated design effort to meet the needs of the city, the developer, TheatreWorks and the
transit agencies, extended the time and scope of this important part of the initial design
development of the project. The team faced numerous design challenges and obstacles, but
continues to work to find appropriate solutions that meet the needs of all of the stakeholders.
Staff is seeking Council authorization of $286,000 in additional funds from the Intermodal
Transit Funds to complete the design work to bring site plan and massing design concepts to
the Council at a meeting in September. The work being performed includes:
Transit circulation concepts;
Roadway configuration;
Parking requirements and strategies;
Site parcelization strategies;
Building footprint, floor area, height and massing concepts;
Urban design;
Public space and connectivity concepts;
Architectural concepts;
District character;
Presentation of these items and on going meetings with major stakeholders; and
Environmental review such as a sanitary sewer study, bridge analysis, traffic analysis and
parking structure consultation.
The SUMC Development Agreement provided a one-time $2,250,000 payment to the City for
pedestrian and bicycle connections and enhancements in the Intermodal Transit Station area.
All of the money was to go towards design and construction of improvements. At the time this
contribution was made to the City, the construction of these pedestrian improvements would
have been the obligation of the City. With this future development project, there is the
opportunity to have the project proponent construct or share in the cost to construct these
improvements. The additional $286,000 in design funds should not impact the ability to
construct improvements on this property, as they are being designed into the framework of the
project and would be constructed with the project..
The contracts are attached to this report and include:
Fukuji Planning and Design - $139,500
FGY Architects - $85,000
Sandis Civil Engineering - $16,500
Metropolitan Planning Group - $45,000
Resource Impact
The SUMC Development Agreement provided a one-time $2.25 million payment to the City for
pedestrian and bicycle connections and enhancements in the Intermodal Transit Station area.
These funds are for improvements to enhance the pedestrian and bicycle connection from the
Palo Alto Intermodal Transit Center to the existing intersection at El Camino Real and Quarry
Road, with up to $2.0 million of that amount going to the development of an attractive,
landscaped passive park/green space with a clearly marked and lighted pedestrian pathway,
benches, and flower borders. An amount of $250,000 was authorized by the City Council on
March 5, 2012 (Staff Report 2602) to fund preliminary design review and environmental studies
for the 27 University Avenue project of which $247,369 was spent in Fiscal Year 2012. As of
June, 30, 2012, the unaudited balance of the Intermodal Transit funds is $2.003 million. This
staff report proposes that $286,000 in additional design costs be appropriated in Fiscal Year
2013. With this approval of additional funds, the Intermodal Transit balance will be $1.716
million.
Next Steps
As a separate action on the September 24th Council agenda, Council is reviewing a master plan
and authorizing staff to draft an advisory measure for the March election to ask voters whether
the City Council should initiate a change in the Comprehensive Plan and Zoning code to
facilitate the Project and if the City Council should exchange a portion of the El Camino Park for
land adjacent to the park to facilitate better site planning for the Project. The ballot language
would be brought back to Council for review at a meeting later this year for a March 2013 ballot
measure.
Environmental Review
The request for City Council’s authorization of additional funds is not considered a “project” per
the California Environmental Quality Act. An environmental impact report would need to be
prepared once an application is submitted and some of the ongoing work will provide input to
that study. Traffic and parking, aesthetics (including building heights), and impacts on heritage
trees will be of particular interest for this site.
Attachments:
Attachment A: Budget Amendment Ordinance to Appropriate $286,000 for Additional
Design Costs (DOC)
Attachment B: 27 University Avenue Draft Timeline(PDF)
Attachment C: Agreement with Fukuji Planning and Design (PDF)
Attachment D: Agreement with Sandis Civil Engineers Surveyors Planners (PDF)
Attachment E: Agreement with Fergis, Garber and Young Consultants (PDF)
Attachment F: Agreement With Metropolitan Planning Group (PDF)
Prepared By: Amy French, Current Planning Manager
Department Head: Curtis Williams, Director
City Manager Approval: ____________________________________
James Keene, City Manager
ATTACHMENT A
ORDINANCE NO. XXXX
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
AMENDING THE BUDGET FOR FISCAL YEAR 2013 TO PROVIDE
ADDITIONAL APPROPRIATION OF $286,000 FROM THE
STANFORD UNIVERSITY MEDICAL CENTER (SUMC)
INTERMODAL TRANSIT FUNDS FOR CONSULTANT SERVICES
FOR THE CONTINUED DESIGN CONCEPTS AND ANALYSIS OF
27 UNIVERSITY AVENUE
The Council of the City of Palo Alto does ordain as follows:
SECTION 1. The Council of the City of Palo Alto finds and
determines as follows:
A. Pursuant to the provisions of Section 12 of Article
III of the Charter of the City of Palo Alto, the Council on
June 18, 2012 did adopt a budget for Fiscal Year 2013; and
B. The 2011 Stanford University Medical Center (SUMC)
Development Agreement provided funds for the design and
construction of enhanced pedestrian and bicycle improvements
east of El Camino Park, at the intersection of El Camino Real
and Quarry Road; and
C. On March 5, 2012 (Staff Report 2602) City Council
authorized $250,000 to fund preliminary design review and
environmental studies for 27 University Avenue; and
D. Further funds in the amount of $286,000 are needed
for consultant services to continue concept design and
analysis of the expanded scope of the project; and
E. City Council authorization is needed to amend the
Fiscal Year 2013 Operating Budget as hereinafter set forth.
SECTION 2. The sum of Two Hundred Eighty Six Thousand
Dollars ($286,000) is hereby appropriated to Planning
Contracts in the Planning and Community Environment Department
and the SUMC Intermodal Transit balance is correspondingly
reduced.
SECTION 3. The Intermodal Transit portion of the SUMC
Development Agreement Fund is hereby reduced by Two Hundred
Eighty Six Thousand Dollars ($286,000) to One Million Seven
Hundred Sixteen Thousand Six Hundred Thirty-one Dollars
($1,716,631).
SECTION 4. As specified in Section 2.28.080(a) of the
Palo Alto Municipal Code, a two-thirds vote of the City
Council is required to adopt this ordinance.
SECTION 5. As provided in Section 2.04.330 of the Palo
Alto Municipal Code, this ordinance shall become effective
upon adoption.
SECTION 6. The Council of the City of Palo Alto hereby
finds that this is not a project under the California
Environmental Quality Act and, therefore, no environmental
impact assessment is necessary.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
ATTEST: APPROVED:
City Clerk Mayor
APPROVED AS TO FORM:
City Manager
Director of Public Works
Director of Administrative
Services
2012 2013 2014
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Professional Services
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CITY OF PALO ALTO CONTRACT NO. S12145607
AGREEMENT BETWEEN THE CITY OF PALO ALTO AND
FUKUJI PLANNING & DESIGN FOR PROFESSIONAL SERVICES
This Agreement is entered into on this day of August, 2012, (“Agreement”) by
and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”),
and FUKUJI PLANNING & DESIGN, a Sole Proprietor, located at 604 San Carlos Avenue, Albany,
California 94706, Telephone (510) 612-3834 ("CONSULTANT").
RECITALS
The following recitals are a substantive portion of this Agreement.
A. CITY intends to develop a preliminary design concept for the real property located 27
University Avenue, Palo Alto (“Project”) and desires to engage a consultant to prepare a design in
connection with the Project (“Services”).
B. CONSULTANT has represented that it has the necessary professional expertise,
qualifications, and capability, and all required licenses and/or certifications to provide the Services.
C. CITY in reliance on these representations desires to engage CONSULTANT to provide the
Services as more fully described in Exhibit “A”, attached to and made a part of this Agreement.
NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, this
Agreement, the parties agree:
AGREEMENT
SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described in
Exhibit “A” in accordance with the terms and conditions contained in this Agreement. The
performance of all Services shall be to the reasonable satisfaction of CITY.
SECTION 2. TERM.
The term of this Agreement shall be from the date of its full execution through 08/31/2013 unless
terminated earlier pursuant to Section 19 of this Agreement.
SECTION 3. SCHEDULE OF PERFORMANCE. Time is of the essence in the performance of
Services under this Agreement. CONSULTANT shall complete the Services within the term of this
Agreement and in accordance with the schedule set forth in Exhibit “B”, attached to and made a part
of this Agreement. Any Services for which times for performance are not specified in this
Agreement shall be commenced and completed by CONSULTANT in a reasonably prompt and
timely manner based upon the circumstances and direction communicated to the CONSULTANT.
CITY’s agreement to extend the term or the schedule for performance shall not preclude recovery of
damages for delay if the extension is required due to the fault of CONSULTANT.
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SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to
CONSULTANT for performance of the Services described in Exhibit “A”, including both payment
for professional services and reimbursable expenses, shall not exceed One Hundred Thirty Nine
Thousand Five Hundred Dollars ($139,500.00). In the event Additional Services are authorized, the
total compensation for services and reimbursable expenses shall not exceed One Hundred Thirty
Nine Thousand Five Hundred Dollars ($139,500.00).
The applicable rates and schedule of payment are set out in Exhibit “C-1”, entitled “HOURLY
RATE SCHEDULE,” which is attached to and made a part of this Agreement.
Additional Services, if any, shall be authorized in accordance with and subject to the provisions of
Exhibit “C”. CONSULTANT shall not receive any compensation for Additional Services performed
without the prior written authorization of CITY. Additional Services shall mean any work that is
determined by CITY to be necessary for the proper completion of the Project, but which is not
included within the Scope of Services described in Exhibit “A”.
SECTION 5. INVOICES. In order to request payment, CONSULTANT shall submit monthly
invoices to the CITY describing the services performed and the applicable charges (including an
identification of personnel who performed the services, hours worked, hourly rates, and
reimbursable expenses), based upon the CONSULTANT’s billing rates (set forth in Exhibit “C-1”).
If applicable, the invoice shall also describe the percentage of completion of each task. The
information in CONSULTANT’s payment requests shall be subject to verification by CITY.
CONSULTANT shall send all invoices to the City’s project manager at the address specified in
Section 13 below. The City will generally process and pay invoices within thirty (30) days of
receipt.
SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All of the Services shall be
performed by CONSULTANT or under CONSULTANT’s supervision. CONSULTANT represents
that it possesses the professional and technical personnel necessary to perform the Services required
by this Agreement and that the personnel have sufficient skill and experience to perform the Services
assigned to them. CONSULTANT represents that it, its employees and subconsultants, if permitted,
have and shall maintain during the term of this Agreement all licenses, permits, qualifications,
insurance and approvals of whatever nature that are legally required to perform the Services.
All of the services to be furnished by CONSULTANT under this agreement shall meet the
professional standard and quality that prevail among professionals in the same discipline and of
similar knowledge and skill engaged in related work throughout California under the same or similar
circumstances.
SECTION 7. COMPLIANCE WITH LAWS. CONSULTANT shall keep itself informed of and
in compliance with all federal, state and local laws, ordinances, regulations, and orders that may
affect in any manner the Project or the performance of the Services or those engaged to perform
Services under this Agreement. CONSULTANT shall procure all permits and licenses, pay all
charges and fees, and give all notices required by law in the performance of the Services.
SECTION 8. ERRORS/OMISSIONS. Not applicable.
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SECTION 9. COST ESTIMATES. Not applicable.
SECTION 10. INDEPENDENT CONTRACTOR. It is understood and agreed that in performing
the Services under this Agreement CONSULTANT, and any person employed by or contracted with
CONSULTANT to furnish labor and/or materials under this Agreement, shall act as and be an
independent contractor and not an agent or employee of the CITY.
SECTION 11. ASSIGNMENT. The parties agree that the expertise and experience of
CONSULTANT are material considerations for this Agreement. CONSULTANT shall not assign or
transfer any interest in this Agreement nor the performance of any of CONSULTANT’s obligations
hereunder without the prior written consent of the city manager. Consent to one assignment will not
be deemed to be consent to any subsequent assignment. Any assignment made without the approval
of the city manager will be void.
SECTION 12. SUBCONTRACTING.
CONSULTANT shall not subcontract any portion of the work to be performed under this Agreement
without the prior written authorization of the city manager or designee.
SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Bruce A. Fukuji as
the Project Manager, Email: bruce@fukuji.com Telephone: (510) 612-3834 to have supervisory
responsibility for the performance, progress, and execution of the Services and as the Project
Manager to represent CONSULTANT during the day-to-day work on the Project. If circumstances
cause the substitution of the project director, project coordinator, or any other key personnel for any
reason, the appointment of a substitute project director and the assignment of any key new or
replacement personnel will be subject to the prior written approval of the CITY’s project manager.
CONSULTANT, at CITY’s request, shall promptly remove personnel who CITY finds do not
perform the Services in an acceptable manner, are uncooperative, or present a threat to the adequate
or timely completion of the Project or a threat to the safety of persons or property.
The City’s project manager is Khashayar Alaee, Planning and Community Environment Department,
250 Hamilton Avenue Palo Alto, CA 94303, Email: Khashayar.Alaee@CityofPaloAlto.org ,
Telephone: (650) 329-2230. The project manager will be CONSULTANT’s point of contact with
respect to performance, progress and execution of the Services. The CITY may designate an
alternate project manager from time to time.
SECTION 14. OWNERSHIP OF MATERIALS. This conveyance shall not deprive the Architect
of the right to retain electronic data or other reproducible copies of the Drawings and Specifications
or the right to reuse information contained in them in the normal course of the Architect's
professional activities including rights protected under the Architectural Works Copyright Protection
Act of 1990. The Architect shall be given appropriate credit in any public display of such
documents Upon delivery, all work product, including without limitation, all final drawings and
specifications and copyright interests developed under this Agreement shall be and remain the
exclusive property of CITY without restriction or limitation upon their use. CONSULTANT agrees
that all copyrights which arise from creation of the work pursuant to this Agreement shall be vested
in CITY, and CONSULTANT waives and relinquishes all claims to copyright or other intellectual
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property rights in favor of the CITY. Neither CONSULTANT nor its contractors, if any, shall make
any of such materials available to any individual or organization without the prior written approval
of the City Manager or designee. CONSULTANT makes no representation of the suitability of the
work product for use in or application to circumstances not contemplated by the scope of work.
SECTION 15. AUDITS. CONSULTANT will permit CITY to audit, at any reasonable time
during the term of this Agreement and for three (3) years thereafter, CONSULTANT’s records
pertaining to matters covered by this Agreement. CONSULTANT further agrees to maintain and
retain such records for at least three (3) years after the expiration or earlier termination of this
Agreement.
SECTION 16. INDEMNITY.
16.1. Consultant shall protect, indemnify, defend and hold harmless the City and its respective City
Council members, officers, employees, agents and representatives from and against all liability
losses, damages, demands, claims, suits, settlements, judgments, costs and expenses, including
attorneys' fees, expert witness fees, and other reasonable expenses of litigation, arising out of or
related to the negligent acts, errors or omissions, gross negligence or willful misconduct of
Consultant in its performance of the Consulting Services hereunder, and the insurance required
hereunder shall not reduce such indemnification obligation.
16.2. Notwithstanding the above, nothing in this Section 16 shall be construed to
require CONSULTANT to indemnify an Indemnified Party from Claims arising from the active
negligence, sole negligence or willful misconduct of an Indemnified Party.
16.3. The acceptance of CONSULTANT’s services and duties by CITY shall not
operate as a waiver of the right of indemnification.
SECTION 17. WAIVERS. The waiver by either party of any breach or violation of any covenant,
term, condition or provision of this Agreement, 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.
SECTION 18. INSURANCE.
18.1. CONSULTANT, at its sole cost and expense, shall obtain and maintain, in full
force and effect during the term of this Agreement, the insurance coverage described in Exhibit "D".
CONSULTANT and its contractors, if any, shall obtain a policy endorsement naming CITY as an
additional insured under any general liability or automobile policy or policies.
18.2. All insurance coverage required hereunder shall be provided through carriers
with AM Best’s Key Rating Guide ratings of A-:VII or higher which are licensed or authorized to
transact insurance business in the State of California. Any and all contractors of CONSULTANT
retained to perform Services under this Agreement will obtain and maintain, in full force and effect
during the term of this Agreement, identical insurance coverage, naming CITY as an additional
insured under such policies as required above.
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18.3. Certificates evidencing such insurance shall be filed with CITY concurrently
with the execution of this Agreement. 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 materially reduced in coverage or limits, by the insurer except after filing with the
Purchasing Manager thirty (30) days' prior written notice of the cancellation or modification,
CONSULTANT shall be responsible for ensuring that current certificates evidencing the insurance
are provided to CITY’s Purchasing Manager during the entire term of this Agreement.
18.4. The procuring of such required policy or policies of insurance will not be
construed to limit CONSULTANT's liability hereunder nor to fulfill the indemnification provisions
of this Agreement.
SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES.
19.1. The City Manager may suspend the performance of the Services, in whole or
in part, or terminate this Agreement, with or without cause, by giving ten (10) days prior written
notice thereof to CONSULTANT. Upon receipt of such notice, CONSULTANT will immediately
discontinue its performance of the Services.
19.2. CONSULTANT may terminate this Agreement or suspend its performance of
the Services by giving thirty (30) days prior written notice thereof to CITY, but only in the event of
a substantial failure of performance by CITY.
19.3. Upon such suspension or termination, CONSULTANT shall deliver to the
City Manager immediately any and all copies of studies, sketches, drawings, computations, and
other data, whether or not completed, prepared by CONSULTANT or its contractors, if any, or given
to CONSULTANT or its contractors, if any, in connection with this Agreement. Such materials will
become the property of CITY.
19.4. Upon such suspension or termination by CITY, CONSULTANT will be paid
for the Services rendered or materials delivered to CITY in accordance with the scope of services on
or before the effective date (i.e., 10 days after giving notice) of suspension or termination; provided,
however, if this Agreement is suspended or terminated on account of a default by CONSULTANT,
CITY 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 acting in the reasonable exercise of his/her discretion. The following Sections will
survive any expiration or termination of this Agreement: 14, 15, 19.4, 20, and 25.
19.5. No payment, partial payment, acceptance, or partial acceptance by CITY will
operate as a waiver on the part of CITY of any of its rights under this Agreement.
SECTION 20. NOTICES.
All notices hereunder will be given in writing and mailed, postage prepaid, by
certified mail, addressed as follows:
To CITY: Office of the City Clerk
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City of Palo Alto
Post Office Box 10250
Palo Alto, CA 94303
With a copy to the Purchasing Manager
To CONSULTANT: Attention of the project director
at the address of CONSULTANT recited above
SECTION 21. CONFLICT OF INTEREST.
21.1. In accepting this Agreement, 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.
21.2. CONSULTANT further covenants that, in the performance of this Agreement,
it will not employ subconsultants, contractors or persons having such an interest. CONSULTANT
certifies that no person who has or will have any financial interest under this Agreement 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.
21.3. If the Project Manager determines that CONSULTANT is a “Consultant” as
that term is defined by the Regulations of the Fair Political Practices Commission, CONSULTANT
shall be required and agrees to file the appropriate financial disclosure documents required by the
Palo Alto Municipal Code and the Political Reform Act.
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SECTION 22. NONDISCRIMINATION. As set forth in Palo Alto Municipal Code section
2.30.510, CONSULTANT certifies that in the performance of this Agreement, it shall not
discriminate in the employment of any person because of the race, skin color, gender, age, religion,
disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status,
weight or height of such person. CONSULTANT acknowledges that it has read and understands the
provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination
Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section
2.30.510 pertaining to nondiscrimination in employment.
SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE
REQUIREMENTS. CONSULTANT shall comply with the City’s Environmentally Preferred
Purchasing policies which are available at the City’s Purchasing Department, incorporated by
reference and may be amended from time to time. CONSULTANT shall comply with waste
reduction, reuse, recycling and disposal requirements of the City’s Zero Waste Program. Zero
Waste best practices include first minimizing and reducing waste; second, reusing waste and third,
recycling or composting waste. In particular, Consultant shall comply with the following zero waste
requirements:
All printed materials provided by Consultant to City generated from a personal
computer and printer including but not limited to, proposals, quotes, invoices,
reports, and public education materials, shall be double-sided and printed on a
minimum of 30% or greater post-consumer content paper, unless otherwise approved
by the City’s Project Manager. Any submitted materials printed by a professional
printing company shall be a minimum of 30% or greater post-consumer material and
printed with vegetable based inks.
Goods purchased by Consultant on behalf of the City shall be purchased in
accordance with the City’s Environmental Purchasing Policy including but not
limited to Extended Producer Responsibility requirements for products and
packaging. A copy of this policy is on file at the Purchasing Office.
Reusable/returnable pallets shall be taken back by the Consultant, at no additional
cost to the City, for reuse or recycling. Consultant shall provide documentation from
the facility accepting the pallets to verify that pallets are not being disposed.
SECTION 24. NON-APPROPRIATION
24.1. This Agreement is subject to the fiscal provisions of the Charter of the City of
Palo Alto and the Palo Alto Municipal Code. This Agreement will terminate without any penalty (a)
at the end of any fiscal year in the event that funds are not appropriated for the following 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 Agreement are no longer available. This section shall take
precedence in the event of a conflict with any other covenant, term, condition, or provision of this
Agreement.
SECTION 25. MISCELLANEOUS PROVISIONS.
25.1. This Agreement will be governed by the laws of the State of California.
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25.2. In the event that an action is brought, the parties agree that trial of such action
will be vested exclusively in the state courts of California in the County of Santa Clara, State of
California.
25.3. The prevailing party in any action brought to enforce the provisions of this
Agreement may recover its reasonable costs and attorneys' fees expended in connection with that
action. The prevailing party shall be entitled to recover an amount equal to the fair market value of
legal services provided by attorneys employed by it as well as any attorneys’ fees paid to third
parties.
25.4. This document represents the entire and integrated agreement between the
parties and supersedes all prior negotiations, representations, and contracts, either written or oral.
This document may be amended only by a written instrument, which is signed by the parties.
25.5. The covenants, terms, conditions and provisions of this Agreement will apply
to, and will bind, the heirs, successors, executors, administrators, assignees, and consultants of the
parties.
25.6. If a court of competent jurisdiction finds or rules that any provision of this
Agreement or any amendment thereto is void or unenforceable, the unaffected provisions of this
Agreement and any amendments thereto will remain in full force and effect.
25.7. All exhibits referred to in this Agreement and any addenda, appendices,
attachments, and schedules to this Agreement which, from time to time, may be referred to in any
duly executed amendment hereto are by such reference incorporated in this Agreement and will be
deemed to be a part of this Agreement.
25.8 If, pursuant to this contract with CONSULTANT, City shares with
CONSULTANT personal information as defined in California Civil Code section 1798.81.5(d)
about a California resident (“Personal Information”), CONSULTANT shall maintain reasonable and
appropriate security procedures to protect that Personal Information, and shall inform City
immediately upon learning that there has been a breach in the security of the system or in the
security of the Personal Information. CONSULTANT shall not use Personal Information for direct
marketing purposes without City’s express written consent.
25.9 All unchecked boxes do not apply to this agreement.
25.10 The individuals executing this Agreement represent and warrant that they
have the legal capacity and authority to do so on behalf of their respective legal entities.
IN WITNESS WHEREOF, the parties hereto have by their duly authorized
representatives executed this Agreement on the date first above written,
CITY OF PALO ALTO FUKUJI PLANNING & DESIGN
City Manager
APPROVED AS TO FORM:
Senior Ass!. City Attorney
Date:
Attachments:
EXHIBIT "A":
EXHIBIT "B":
EXHIBIT "C":
EXHIBIT "C-l ":
EXHIBIT "D":
SCOPE OF WORK
SCHEDULE OF PERFORMANCE
COMPENSATION
SCHEDULE OF RATES
INSURANCE REQUIREMENTS
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EXHIBIT “A”
SCOPE OF SERVICES
Task 1. Project Management
Task 1.1 Project Management. Coordinate design work and communications with City staff
and consultants regarding decision-making and issues resolution on design, process,
schedule, deliverables and external project communications.
Task 2. Collaborative Design Process
Facilitate frequent and regular input and feedback with city staff, Mr. Arrillaga, Santa Clara Valley
Transportation Authority (VTA), Stanford University transportation staff, SamTrans, Caltrain and
Theaterworks on project design to achieve mutually acceptable solutions. Develop transit
circulation, urban design and building architecture for the project. Task 2 includes:
Task 2.1 City Meetings. Weekly project team meetings.
Task 2.2 Mr. Arrillaga Meetings. Up to twice a week meetings.
Task 2.3 Transit Agency Meetings. Up to 6 project meetings.
Task 3. Site Analysis -- NA
Task 4. Program Review and Development -- NA
Task 5. Design Concepts
Prepare a master plan level site plan for the expanded project area. Expanded project area includes
southern edge of El Camino Park, the project site, the University Avenue loop and Urban Lane.
Detailed site design including infrastructure improvements, landscape/urban design features,
grading, drainage, site utility design and accommodating public art are not included in this scope.
Master plan site planning consists of the following tasks:
Task 5.1 Transit Center Design and Circulation Concepts. Develop a concept design for the
relocation of the intermodal bus transit center from the existing location to the
University Avenue loop that serves and expands existing capacity and operations, as
well as enable future expansion of transit capacity.
Task 5.2 Building Footprint, Floor Area, Height and Massing Concepts. Jointly prepare with
FGY building footprint, floor area, height and massing concepts that respond to site
context and master planning design objectives.
Task 5.3 Urban Design, Public Space and Connectivity Concepts. Develop site planning
concepts that shape the form, size, scale, orientation, massing, ground level uses of
buildings, public spaces, pedestrian and bicycle connectivity, site access and parking.
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Task 5.4 Architectural Concepts. Support FGY and John Arillaga’s design work to develop
the architectural character of the office and theater buildings to support the urban
design of the district.
Task 5.5 District Character. Develop concepts for the visual character of the Innovation and
Arts District to be illustrated by the renderer. Direct the City’s renderer to create
ground level perspective views (renderer not included in this scope of services or
fees).
Task 5.6 Presentation and Documentation. Jointly prepare with FGY presentation documents.
Fukuji Planning & Design will focus on illustrating a master site planning concept
with supporting drawings, cross-sections of key elements and sketch views to show
scale, use and character of proposed urban design. FGY will focus on presenting and
documenting the architectural design of the project.
Deliverables:
• Maps
• Project area
• Land use
• Public spaces
• Connections (pedestrian, bike, auto and transit)
• Transit circulation
• Urban design
• Illustrative Plan (with landscape concept)
• Illustrations
• Street sections
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EXHIBIT “B”
SCHEDULE OF PERFORMANCE
CONSULTANT shall perform the Services so as to complete each milestone within the number
of days/weeks specified below. The time to complete each milestone may be increased or
decreased by mutual written agreement of the project managers for CONSULTANT and CITY
so long as all work is completed within the term of the Agreement. CONSULTANT shall
provide a detailed schedule of work consistent with the schedule below within 2 weeks of receipt
of the notice to proceed.
Milestones Completion
Task 1. Project Management on-going
Task 2. Collaborative Design Process on-going
Task 5. Preliminary Design Concepts September 30, 2012
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EXHIBIT “C”
COMPENSATION
The CITY agrees to compensate the CONSULTANT for professional services performed in
accordance with the terms and conditions of this Agreement, and as set forth in the budget
schedule below. Compensation shall be calculated based on the hourly rate schedule attached
as exhibit C-1 up to the not to exceed budget amount for each task set forth below.
The compensation to be paid to CONSULTANT under this Agreement for all services
described in Exhibit “A” (“Basic Services”) and reimbursable expenses shall not exceed
$139,500.00. CONSULTANT agrees to complete all Basic Services, including reimbursable
expenses, within this amount. In the event CITY authorizes any Additional Services, the
maximum compensation shall not exceed $139,500.00. Any work performed or expenses
incurred for which payment would result in a total exceeding the maximum amount of
compensation set forth herein shall be at no cost to the CITY.
CONSULTANT shall perform the tasks and categories of work as outlined and budgeted
below. The CITY’s Project Manager may approve in writing the transfer of budget amounts
between any of the tasks or categories listed below provided the total compensation for Basic
Services, including reimbursable expenses, does not exceed $139,500.00and the total
compensation for Additional Services does not exceed $139,500.00.
BUDGET SCHEDULE NOT TO EXCEED AMOUNT
Task 1 $3,500.00
(Project Management)
Task 2 $40,000.00
(Collaborative Design Process)
Task 3 $91,000.00
(Design)
Sub-total Basic Services $134,500.00
Reimbursable Expenses $5,000.00
Total Basic Services and Reimbursable expenses $139, 500.00
Additional Services (Not to Exceed) $0.00
Maximum Total Compensation $139,500.00
REIMBURSABLE EXPENSES
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The administrative, overhead, secretarial time or secretarial overtime, word processing,
photocopying, in-house printing, insurance and other ordinary business expenses are included
within the scope of payment for services and are not reimbursable expenses. CITY shall
reimburse CONSULTANT for the following reimbursable expenses at cost. Expenses for
which CONSULTANT shall be reimbursed are:
A. Travel outside the San Francisco Bay area, including transportation and meals, will be
reimbursed at actual cost subject to the City of Palo Alto’s policy for reimbursement of travel
and meal expenses for City of Palo Alto employees. Mileage expense for travel to and from
project meetings, parking and tolls will be reimbursed at actual cost.
B. Long distance telephone service charges, cellular phone service charges, facsimile
transmission and postage charges are reimbursable at actual cost.
All requests for payment of expenses shall be accompanied by appropriate backup
information. Any expense anticipated to be more than $0.00 shall be approved in advance by
the CITY’s project manager.
ADDITIONAL SERVICES
The CONSULTANT shall provide additional services only by advanced, written
authorization from the CITY. The CONSULTANT, at the CITY’s project manager’s request,
shall submit a detailed written proposal including a description of the scope of services,
schedule, level of effort, and CONSULTANT’s proposed maximum compensation, including
reimbursable expense, for such services based on the rates set forth in Exhibit C-1. The
additional services scope, schedule and maximum compensation shall be negotiated and
agreed to in writing by the CITY’s Project Manager and CONSULTANT prior to
commencement of the services. Payment for additional services is subject to all requirements
and restrictions in this Agreement
Work required because the following conditions are not satisfied or are exceeded shall be
considered as additional services:
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EXHIBIT “C-1”
HOURLY RATE SCHEDULE
Hourly Rates
Fukuji Planning & Design costs for professional services are incurred as professional time costs and
direct costs associated with performance of project tasks. Professional time is billed according the
following hourly rates:
Personnel Rate Per Hour
Bruce A. Fukuji, AIA Principal $ 195.00
Urban Designer $ 125.00
Technical/Administrative Staff $ 65.00
Hourly billing rates are valid through December 2012.
Reimbursable Expenses
Direct Costs
Direct costs or project expenses such as photocopying (large-quantity); plotting; printing (b&w,
color); workshop supplies; equipment rental; and other direct project expenses will be charged at
cost plus 10%.
Communications
Cost of communications including long-distance telephone (excluding cell phones), facsimile,
postage, courier, and other delivery costs will be charged at cost plus 10%.
Mileage and Travel
Mileage charge for personal autos will be the currently applicable mileage rate established by the
Internal Revenue Service. Travel time will be billed at half of the above hourly rates for trips longer
than ½ hour. All other travel expenses such as parking, tolls, etc. will be charged at cost.
Payment
Payments are due within thirty (30) calendar days of the invoice date.
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EXHIBIT “D”
INSURANCE REQUIREMENTS
CONTRACTORS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE CONTRACT
OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES
WITH AM BEST’S KEY RATING OF A-:VII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN
THE STATE OF CALIFORNIA.
AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AS SPECIFIED, BELOW:
REQUIRED TYPE OF COVERAGE REQUIREMENT
MINIMUM LIMITS
EACH
OCCURRENCE AGGREGATE
YES
YES
WORKER’S COMPENSATION
EMPLOYER’S LIABILITY
STATUTORY
STATUTORY
YES
GENERAL LIABILITY, INCLUDING
PERSONAL INJURY, BROAD FORM
PROPERTY DAMAGE BLANKET
CONTRACTUAL, AND FIRE LEGAL
LIABILITY
BODILY INJURY
PROPERTY DAMAGE
BODILY INJURY & PROPERTY DAMAGE
COMBINED.
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
YES
AUTOMOBILE LIABILITY, INCLUDING
ALL OWNED, HIRED, NON-OWNED
BODILY INJURY AND PROPERTY
DAMAGE, COMBINED
$1,000,000
$1,000,000
YES
PROFESSIONAL LIABILITY, INCLUDING,
ERRORS AND OMISSIONS,
MALPRACTICE (WHEN APPLICABLE),
AND NEGLIGENT PERFORMANCE
ALL DAMAGES $1,000,000
YES THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONTRACTOR, AT ITS SOLE COST AND EXPENSE,
SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT
AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONTRACTOR AND ITS SUBCONSULTANTS,
IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’ COMPENSATION, EMPLOYER’S LIABILITY AND PROFESSIONAL
INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES.
I. INSURANCE COVERAGE MUST INCLUDE:
A. A PROVISION FOR A WRITTEN THIRTY DAY ADVANCE NOTICE TO CITY OF CHANGE IN
COVERAGE OR OF COVERAGE CANCELLATION; AND
B. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR
CONTRACTOR’S AGREEMENT TO INDEMNIFY CITY.
C. DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITY’S PRIOR APPROVAL.
II. CONTACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE.
III. ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO “ADDITIONAL
INSUREDS”
A. PRIMARY COVERAGE
WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE AS
AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING WITH ANY OTHER
INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS.
B. CROSS LIABILITY
THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE POLICY SHALL
NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER, BUT THIS
ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF
THE COMPANY UNDER THIS POLICY.
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C. NOTICE OF CANCELLATION
1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER
THAN THE NON-PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY
AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF
CANCELLATION.
2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT
OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A TEN (10) DAY
WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
NOTICES SHALL BE MAILED TO:
PURCHASING AND CONTRACT ADMINISTRATION
CITY OF PALO ALTO
P.O. BOX 10250
PALO ALTO, CA 94303
CITY OF PALO ALTO CONTRACT NO. S12145609
AGREEMENT BETWEEN THE CITY OF PALO ALTO AND
SANDIS CIVIL ENGINEERS SURVEYORS PLANNERS
FOR PROFESSIONAL SERVICES
This Agreement is entered into on this day of August, 2012, ("Agreement")
by and between the CITY OF PALO ALTO, a California chartered municipal corporation
("CITY"), and SANDIS CIVIL ENGINEERS SURVEYORS PLANNERS a California Corporation,
located at 3007 Douglas Boulevard, Suite 105, Roseville California 95661, Telephone (408) 636-
0999 ("CONSULTANT").
RECITALS
The following recitals are a substantive portion of this Agreement.
A. CITY intends to develop a preliminary design concept for the real property located at 27
University Avenue, Palo Alto ("Project") and desires to engage a consultant to provide Traffic
Engineering Services, Civil Engineering Services and Arborist Repmt in connection with the Project
("Services").
B. CONSULTANT has represented that it has the necessary professional expertise,
qualifications, and capability, and all required licenses and/or certifications to provide the Services.
C. CITY in reliance on these representations desires to engage CONSULTANT to provide the
Services as more fully described in Exhibit "A", attached to and made a part of thi s Agreement.
NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, this
Agreement, the parties agree:
AGREEMENT
SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described in
Exhibit "A" in accordance with the terms and conditions contained in this Agreement. The
performance of all Services shall be to the reasonable satisfaction of CITY.
SECTION 2. TERM.
The term of this Agreement shall be from the date of its full execution through 08/31/2013 unless
terminated earlier pursuant to Section 19 of this Agreement.
SECTION 3. SCHEDULE OF PERFORMANCE. Time is of the essence in the performance of
Services under this Agreement. CONSULTANT shall complete the Services within the term of this
Agreement and in accordance with the schedule set forth in Exhibit "B", attached to and made a part
of this Agreement. Any Services for which times for performance are not specified in this
Agreement shall be commenced and completed by CONSULTANT in a reasonably prompt and
timely manner based upon the circumstances and direction communicated to the CONSULTANT.
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CITY's agreement to extend the term or the schedule for performance shall not preclude recovery of
damages for delay if the extension is required due to the fault of CONSULTANT.
SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to
CONSULTANT for performance of the Services described in Exhibit "A", including both payment
for professional services and reimbursa ble expenses, shall not exceed Sixteen Thollsand Five
Hundred Dollars ($16,500.00). In the event Additional Services are authorized, the total
compensation for services and reimbursable expenses shall not exceed Sixteen Thousand Five
Hundred Dollars ($16,500.00).
The applicable rates and schedule of payment are set out in Exhibit "C-I ", entitled "HOURLY
RATE SCHEDULE," which is attached to and made a part of this Agreement.
Additional Services, if any, shall be authorized in accordance with and subject to the provisions of
Ex hibit "C". CONSULTANT shall not receive any compensation for Additional Services performed
without the prior written authorization of CITY. Additional Services shall mean any work that is
determined by CITY to be necessary for the proper completion of the Project, but which is not
included within the Scope of Services described in Ex hibit "A".
SECTION S. INVOICES. In order to request payment, CONSULTANT shall submit monthly
invoices to the CITY describing the se rvices performed and the applicable charges (including an
identification of personnel who performed the services, hours worked, hourly rates, and
reimbursable expenses), based upon the CONSULTANT's billing rates (set forth in Exhibit "C-I ").
If applicable, the invoice shall also describe the percentage of completion of each task. The
information in CONSULTANT's payment requests shall be subject to verification by CITY.
CONSULTANT shall send all in voices to the City's project manager at th e address specified in
Section 13 below. The City will generally process and pay invoices within thirty (30) days of
receipt.
SECTION 6. OUALIFICATIONS/STANDARD OF CARE. All of the Services shall be
performed by CONSULTANT or under CONSULTANT's supervision. CONSULTANT represents
that it possesses the professional and technical personnel necessary to perform the Services required
by this Agreement and that the personnel have sufficient skill and experience to perform th e Services
assigned to them. CONSULTANT represents that it, its employees and subconsultants, ifpermitted,
have and shall maintain dlll'ing the term of this Agreement all licenses, permits, qualifications,
insurance and approvals of whatever nature that are legally required to perform the Services.
All of the services to be furnished by CONSULTANT under this agreement shall meet the
professional standard and quality that prevail among professionals in the same discipline and of
similar knowledge and skill engaged in related work throughout California under the same or si milar
circumstances.
SECTION 7. COMPLIANCE WITH LAWS. CONSULTANT shall keep itself informed of and
in compliance with all federal, state and local laws, ordinances, regulations, and orders that may
affect in any manner the Project or the performance of the Services or those engaged to perform
Services under this Agreement. CONSULTANT shall procure all permits and licenses, pay all
charges and fees, and give all notices required by law in the performance of the Services.
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SECTION 8. ERRORS/OMTSSIONS. CONSULTANT shall correct, at no cost to CITY, any and
all errors, omissions, or ambiguities in the work product submitted to CITY, provided CITY gives
notice to CONSULTANT. If CONSUL TANT has prepared plans and specifications or other design
documents to construct the Project, CONSUL TANTshall be obligated to correct any and all errors,
omissions or ambiguities discovered prior to and during the course of construction of the Project.
This obligation shall survive termination of the Agreement.
SECTION 9. COST ESTIMATES. If this Agreement pertains to the design of a public works
project, CONSULTANT shall submit estimates of probable construction costs at each phase of
design submittal. Tfthe total estimated construction cost at any submittal exceeds ten percent (10%)
of the CITY's stated construction budget, CONSULTANT shall make recommendations to the
CITY for aligning the PROJECT design with the budget, incorporate CITY approved
recommendations, and revise the design to meet the Project budget, at no additional cost to CITY.
SECTION 10. INDEPENDENT CONTRACTOR. It is understood and agreed that in performing
the Services under this Agreement CONSULTANT, and any person employed by or contracted with
CONSULTANT to furnish labor and/or materials under this Agreement, shall act as and be an
independent contractor and not an agent or employee of the CITY.
SECTION 11. ASSIGNMENT. The parties agree that the expertise and experience of
CONSULTANT are material considerations for this Agreement. CONSULTANT shall not assign or
transfer any interest in this Agreement nor the performance of any of CONSUL TANT's obligations
hereunder without the prior written consent of the city manager. Consent to one assignment will not
be deemed to be consent to any subsequent assignment. Any assignment made without the approval
of the city manager will be void.
SECTION 12. SUBCONTRACTING.
CONSUL TANTshall not subcontract any portion ofthe work to be performed under this Agreement
without the prior written authorization of the city manager or designee.
SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Amy Taylor as the
Project Manager, Email: ataylor@sandis.ne.t , Telephone: (650) 473-0400 to have supervisory
responsibility for the performance, progress, and execution of the Services and as the Project
Manager to represent CONSULTANT during the day-to-day work on the Project. If circumstances
cause the substitution of the project director, project coordinator, or any other key persollnel for any
reason, the appointment of a substitute project director and the assignment of any key new or
replacement personnel will be subject to the prior written approval of the CITY's project manager.
CONSULTANT, at CITY's request, shall promptly remove personnel who CITY finds do not
perform the Services in an acceptable manner, are uncooperative, or present a threat to the adequate
or timely completion of the Project or a threat to the safety of persons or property.
The City's project manager is Khashayar Alaee, Planning and Community Environment Department,
250 Hamilton Avenue Palo Alto, CA 94303, Email: Khashayar.Alace@CityofPaloAlto.org ,
Telephone: (650) 329-2230. The project manager will be CONSULTANT's point of contact with
respect to performance, progress and execution of the Services. The C ITY may designate an
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alternate project manager from time to time.
SECTION 14. OWNERSHIP OF MATERIALS. Upon delivery, all work product, including
without limitation, all writings, drawings, plans, reports, specifi cations, calculations, documents,
other materials and copyright interests developed under this Agreement shall be and remain the
exclusive propelty of CITY without restriction or limitation upon their use. CONSUL TANTagrees
that all copyrights which arise from creation of the work pursuant to this Agreement shall be vested
in CITY, and CONSULTANT waives and relinquishes all claims to copyright or other intellectual
property rights in favor of the CITY. Neither CONSULTANT nor its contractors, ifany, shall make
any of such materials available to any individual or organization without the prior written approval
of the City Manager or designee. CONSULTANT makes no representation of the suitability of the
work product for use in or application to circumstances not contemplated by the scope of work.
SECTION 15. AUDITS. CONSULTANT will permit CITY to audit, at any reasonable time
during the term of this Agreement and for three (3) years thereafter, CONSULTANT's records
pertaining to matters covered by this Agreement. CONSULTANT fUliher agrees to maintain and
retain such records for at least three (3) years after the expiration or earlier termination of thi s
Agreement.
SECTION 16. INDEMNITY.
16 .1. To the fullest extent permitted by law, CONSULTANT shall protect, indemnify, defend and
hold harmless CITY, its Council members, officers, employees and agents (each an "Indemnified
Party") from and against any and all demands, claims, or liability of any nature, including death or
injury to any person, property damage or any ot her loss, including all costs and expenses of
whatever nature including attorneys fees , experts fees, court costs and disbursements ("Claims") that
arise out of, pertain to, or relate to the negligence, recklessness, or willfu l misconduct of the
CONSULTANT, its officers, employees, agents or contractors under this Agreement, regard less of
whether or not it is caused in part by an Indemnified Party.
16.2. Notwithstanding the above, nothing in this Section 16 shall be construed to
requ ire CONSULTANT to indemnify an Indemnified Party from Claim s arising from the active
negligence, sole negligence or willful misconduct of an Indemnified Palty.
16.3. The acceptance of CONSULTANT's services and duties by CITY sha ll not
operate as a waiv er of the right of indemnification. The provisions of this Section 16 shall survive
the expiration or early termination of this Agreement.
SECTION 17. WAIVERS. The waiver by either party of any breach or violation of any covenant,
term, condition or provision of this Agreement, 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.
SECTION 18. INSURANCE.
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18.1 . CONSULTANT, at its sole cost and expense, shall obtain and maintain, in full
force and effect during the term of this Agreement, the insurance coverage described in Exhibit "E".
CONSULTANT and its contractors, if any, shall obtain a policy endorsement naming CITY as an
additional insured under any general liability or automobile policy or policies.
18.2. All insurance coverage required hereunder shall be provided through carriers
with AM Best 's Key Rating Guide ratings of A·:VlI or higher which are licensed or authorized to
transact insurance business in the State of California. Any and all contractors of CONSULTANT
retained to perform Services under this Agreement will obtain and maintain, in full force and effect
during the term of this Agreement, identical insurance coverage, naming CITY as an additional
insured under such policies as required above.
18.3. Certificates evidencing such insurance shall be filed with CITY concurrently
with the execution of this Agreement. 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 materially reduced in coverage or limits, by the insurer except after filing with the
Purchasing Manager thirty (30) days' prior written notice of the cancellation or modification,
CONSULTANT shall be responsible for ensuring that current celtificates evidencing the insurance
are provided to CITY 's Purchasing Manager during the entire term of this Agreement.
18.4. The procuring of such required policy or policies of insurance will not be
construed to limit CONSULTANT's liability hereunder nor to fulfill the indemnification provisions
of thi s Agreement. Notwithstanding the policy or policies of insurance, CONSULTANT will be
obligated for the full and total amount of any damage, injury, or loss caused by or directly arising as
a result of the Services performed under this Agreement, including such damage, injury, or loss
arising after the Agreement is terminated or the term has expired.
SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES.
19.1. The City Manager may suspend the performance of the Services, in whole or
in part, or terminate this Agreement, with or without cause, by giving ten (10) days prior written
notice thereof to CONSULTANT. Upon receipt of such notice, CONSUL TANTwili immediately
di scontinue its performance of the Services.
19.2. CONSULTANT may terminate this Agreement or suspend its performance of
the Services by giving thirty (30) days prior written notice thereofto CITY, but only in the event of
a substantial failure of performance by CITY.
19.3. Upon such suspension or termination, CONSULTANT shall deliver to the
City Manager immediately any and all copies of studies, sketches, drawings, computations, and
other data, whether or not completed, prepared by CONSULTANT or its contractors, ifany, or given
to CONSULTANT or its contractors, if any, in connection with this Agreement. Such materials will
become the property of CITY.
19.4. Upon such suspension or termination by CITY, CONSUL TANTwili be paid
for the Services rendered or materials delivered to CITY in accordance with the scope of services on
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or before the effective date (i.e., 10 days after giving notice) of suspension or termination; provided,
however, if this Agreement is suspended or terminated on account ofa default by CONSULTANT,
CITY will be obligated to compensate CONSULTANT only for that portion of CONSULTANT's
services which are ofdirect and immediate benefit to CITY as such determination may be made by
the C ity Manager acting in the reasonable exercise ofhis/her discretion. The following Sections will
survive any expiration or termination of this Agreement: 14,15,16,19.4,20, and 25.
19.5. No payment, paltial payment, acceptance, or partial acceptance by CITY will
operate as a waiver on the part of CITY of any of its rights under this Agreement.
SECTION 20. NOTICES.
All notices hereunder will be given in writing and mailed, postage prepaid, by
certified mail, addressed as follows:
To CITY: Office of the City Clerk
City of Palo Alto
Post Office Box 10250
Palo Alto, CA 94303
With a copy to the Purchasing Manager
To CONSULTANT: Attention of the project director
at the address of CONSULTANT recited above
SECTION 21. CONFLICT OF INTEREST.
21.1 . In accepting this Agreement, 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.
21.2. CONSULTANT further covenants that, in the performance ofthis Agreement,
it will not employ subconsuitants, contractors or persons having such an interest. CONSULTANT
certifies that no person who has or will have any financial interest under this Agreement 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.
21.3 . If the Project Manager determines that CONSULTANT is a "Consultant" as
that term is defined by the Regulations ofthe Fair Pol itical Practices Commission, CONSULTANT
shall be required and agrees to file the appropriate financial disclosure documents required by the
Palo Alto Municipal Code and the Political Reform Act.
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SECTION 22. NONDISCRIMINATION. As set forth in Palo Alto Municipal Code section
2.30.510, CONSULTANT certifies that in the performance of this Agreement, it shall not
discriminate in the employment of any person because of the race, skin color, gender, age, religion,
disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status,
weight or height of such person. CONSULTANT acknowledges that it has read and understands the
provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination
Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section
2.30.510 pertaining to nondiscrimination in employment.
SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE
REOUIREMENTS. CONSULTANT shall comply with the City's Environmentally Preferred
Purchasing policies which are available at the City's Purchasing Department, incorporated by
reference and may be amended from time to time. CONSULTANT shall comply with waste
reduction, reuse, recycling and disposal requirements of the City'S Zero Waste Program. Zero
Waste best practices include first minimizing and reducing waste; second, reusing waste and third,
recycling or composting waste. In palticular, Consultant shall comply with the following zero waste
requirements:
• All printed materials provided by Consultant to City generated from a personal
computer and printer including but not limited to, proposals, quotes, invoices,
reports, and public education materials, shall be double-sided and printed on a
minimum 0[30% or greater post-consumer content paper, unless otherwise approved
by the City's Project Manager. Any submitted materials printed by a professional
printing company shall be a minimum of30% or greater post-consumer material and
printed with vegetable based inks.
• Goods purchased by Consultant on behalf of the City shall be purchased in
accordance with the City'S Environmental Purchasing Policy including but not
limited to Extended Producer Responsibility requirements for products and
packaging. A copy of this policy is on file at the Purchasing Office.
• Reusablelreturnable pallets shall be taken back by the Consultant, at no additional
cost to the City, for reuse or recycling. Consultant shall provide documentation from
the facility accepting the pallets to verilY that pallets are not being disposed.
SECTION 24. NON-APPROPRIATION
24.1. This Agreement is subject to the fiscal provisions of the Charter ofthe City of
Palo Alto and the Palo Alto Municipal Code. This Agreement will terminate without any penalty (a)
at the end of any fiscal year in the event that funds are not appropriated for the following 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 Agreement are no longer available. This section shall take
precedence in the event ofa conflict with any other covenant, term, condition, or provision of this
Agreement.
SECTION 25. MISCELLANEOUS PROVISIONS.
25.1. This Agreement will be governed by the laws of the State of California.
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25.2. [n the event that an action is brought, the parties agree that trial of such action
will be vested exclusively in the state courts of California in the County of Santa Clara, State of
California.
25.3. The prevailing party in any action brought to enforce the provisions of this
Agreement may recover its reasonable costs and attorneys' fees expended in connection with that
action. The prevailing palty shall be entitled to recover an amount equal to the fair market value of
legal services provided by attorneys employed by it as well as any attorneys' fees paid to third
parties.
25.4. This document represents the entire and integrated agreement between the
parties and supersedes all prior negotiations, representations, and contracts, either written or oral.
This document may be amended only by a written instrument, which is signed by the parties.
25 .5. The covenants, terms, conditions and provisions of this Agreement will apply
to, and will bind, the heirs, successors, executors, administrators, assignees, and consultants of the
parties.
25.6. If a court of competent jurisdiction finds 01' rules that any provision of this
Agreement 01' any amendment thereto is void 01' unenforceable, the unaffected provisions of this
Agreement and any amendments thereto will remain in full force and effect.
25.7. All exhibits referred to in this Agreement and any addenda, appendices,
attachments, and schedules to this Agreement which, from time to time, may be referred to in any
duly executed amendment hereto are by such reference incorporated in this Agreement and will be
deemed to be a palt of this Agreement.
25.8 If, pursuant to this contract with CONSULTANT, City shares with
CONSULTANT personal information as defined in California Civil Code section 1798.81.5( d)
about a California resident ("Personal [nformation"), CONSULTANT shall maintain reasonable and
appropriate security procedures to protect that Personal Information, and shall inform City
immediately upon learning that there has been a breach in the security of the system or in the
security of the Personal Information. CONSULTANT shall not use Personal Information for direct
marketing purposes without City's express written consent.
25.9 All unchecked boxes do not apply to this agreement.
25.10 The individuals executing this Agreement represent and warrant that they
have the legal capacity and authority to do so on behalf of their respective legal entities.
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IN WITNESS WHEREOF, the pal1ies hereto have by their duly authorized
representatives executed this Agreement on the date first above written.
CITY OF PALO ALTO SANDIS CIVIL ENGINEERS
SIIRVEYORSPLANNERS
City Manager
BY~ LA-(
Name: L-p.v f\.,.C>.. CA GI\.AL.-
Title: S"'>fl'>'ey ~"'IL, A-SSoC. p""NC.l p<>A-
APPROVED AS TO FORM:
Senior Ass!. City Attorney
Date:
Attachments:
EXHIBIT "A":
EXHIBIT "B":
EXHIBIT "C":
EXHIBIT "C-l":
EXHIBIT "D":
SCOPE OF WORK
SCHEDULE OF PERFORMANCE
COMPENSATION
SCHEDULE OF RATES
INSURANCE REQUIREMENTS
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IN WITNESS WHEREOF, the parties hereto have by their duly authorized
representatives executed this Agreement on the date first above written.
CITY OF PALO ALTO SANDIS CIVIL ENGINEERS
SURVEYORS PLANNERS
City Manager
B~ /.A0
Name: (...,b.U {lA c..,o. BI\.A-L-
Title:s..,,,",,,!2-j MNc"II..,. ASS"<=-. pa...''''<=<,~
APPROVED AS TO FORM:
Senior Ass!. City Attorney
Date:
Attachments:
EXHIBIT "A":
EXHIBIT "B":
EXHIBIT "C":
EXHIBIT "C-I ":
EXffiBIT "0":
SCOPE OF WORK
SCHEDULE OF PERFORMANCE
COMPENSATION
SCHEDULE OF RATES
INSURANCE REQUIREMENTS
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SANITARY SEWER STUDY
EXHIBIT "A"
SCOPE OF SERVICES
$4,000
• Prepare Site Sanitary Sewer Analysis. Coordinate with Caitrans for utility encroachment.
MEETINGS
Attend coordination meetings with City and Consultants.
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$12,500
Professiollll! Services
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EXHIBIT "B"
SCHEDULE OF PERFORMANCE
CONSULTANT shall perform the Services so as to complete each milestone within the number
of days/weeks specified below. The time to complete each milestone may be increased or
decreased by mutual written agreement of the project managers for CONSULTANT and CITY
so long as all work is completed within the term of the Agreement. CONSULTANT shall
provide a detailed schedule of work consistent with the schedule below within 2 weeks of receipt
of the notice to proceed.
Milestones
Task I. Sanitary Sewer Study
Task 2. Sanitary Sewer Study; Meetings
3
Completion
No. of Days
From NTP
90
90
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EXffiBIT "C"
COMPENSATION
The CITY agrees to compensate the CONSULTANT for professional services performed in
accordance with the terms and conditions of this Agreement, and as set forth in the budget
schedule below. Compensation shall be calculated based on the hourly rate schedule attached
as exhibit C-J up to the not to exceed budget amount for each task set forth below.
The compensation to be paid to CONSULTANT under this Agreement for all services
described in Exhibit "A" ("Basic Services") and reimbursable expenses shall not exceed
$ I 6,500.00 CONSULTANT agrees to complete all Basic Services, including reimbursable
expenses, within this amount. In the event CITY authorizes any Additional Services, the
maximum compensation shall not exceed $16,500.00. Any work performed or expenses
incurred for which payment would result in a total exceeding the maximum amount of
compensation set f0l1h herein shall be at no cost to the CITY.
CONSULTANT shall perform the tasks and categories of work as outlined and budgeted
below. The CITY's Project Manager may approve in writing the transfer of budget amounts
between any of the tasks or categories listed below provided the total compensation for Basic
Services, including reimbursable expenses, does not exceed $16,500.00. and the total
compensation for Additional Services does not exceed $ I 6,500.00.
BUDGET SCHEDULE NOT TO EXCEED AMOUNT
Task I $4,000.00
(Sanitary Sewer Study)
Task 2 $12,500.00
(Sanitary Sewer Study; Meetings)
Sub-total Basic Services $16,500.00
Reimbursable Expenses None
Total Basic Services and Reimbursable expenses $ I 6,500.00
Additional Services (Not to Exceed) $00.00
Maximum Total Compensation $16,500.00
RE~URSABLEEXPENSES
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The administrative, overhead, secretarial time or secretarial ovel1ime, word processing,
photocopying, in-house printing, insurance and other ordinary business expenses are included
within the scope of payment for services and are not reimbursable expenses. CITY shall
reimburse CONSULTANT for the following reimbursable expenses at cost. Expenses for
which CONSULTANT shall be reimbursed are: NONE
A. Travel outside the San Francisco Bay area, including transportation and meals, will be
reimbursed at actual cost subject to the City of Palo Alto's policy for reimbursement of travel
and meal expenses for City of Palo Alto employees.
B. Long distance telephone service charges, cellular phone service charges, facsimile
transmission and postage charges are reimbursable at actual cost.
All requests for payment of expenses shall be accompanied by appropriate backup
information. Any expense anticipated to be more than $0.00 shall be approved in advance by
the CITY's project manager.
ADDITIONAL SERVICES
The CONSULTANT shall provide additional services only by advanced, written
authorization from the CITY. The CONSULTANT, atthe CITY's project manager's request,
shall submit a detailed written proposal including a description of the scope of services,
schedule, level of effort, and CONSULTANT's proposed maximum compensation, including
reimbursable expense, for such services based on the rates set forth in Exhibit C-1. The
additional services scope, schedule and maximum compensation shall be negotiated and
agreed to in writing by the CITY's Project Manager and CONSULTANT prior to
commencement of the services. Payment for additional services is subject to all requirements
and restrictions in this Agreement
Work required because the following conditions are not satisfied or are exceeded shall be
considered as additional services:
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EXHIBIT "C-l"
HOURLY RATE SCHEDULE
Prepare Existing Conditions Section
• Senior Traffic Engineer @$150/Hr
• Project Engineer@ 120/Hr
• Graphics 24 Hours @ 100/Hr
Traffic Impact Analysis
• Senior Traffic Engineer@ $150/Hr
• Project Engineer @ 120/Hr
• Graphics @ 100/Hr
Subtotal
Mitigation
• Senior Traffic Engineer @ $150/Hr
• Project Engineer@ 120/Hr
• Graphics @ 100/Hr
Draft Report Preparation
• Senior Traffic Engineer @ $150/Hr
• Project Engineer @ 120/Hr
• Graphics 20 Hours @ 100/Hr
Response to Comments from PEER Review/lncorporation into DEIR
• Senior Traffic Engineer @ $150/Hr
• Project Engineer@ 120/Hr
• Graphics @ 100/Hr
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EXHIBIT "0"
INSURANCE REQUIREMENTS
CONTRACTORS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE CONTRACT
OBTAIN AND MAINTAIN INSURP.NCE IN TIIE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFOnDED BY CO!UPANIES
WITII AM BEST'S KEY 11.ATlNG Of ,\·:VII, OR HtGnER, LICENSED ORAUTIIORIZED TOTRANSACfINSURANCE BUSINESS IN
THE STATE OF CALIFORNIA.
A WARD IS CONTINGENT ON COMPLIANCE WITH CITY'S INSURANCE REOUIREMENTS, AS SPECIFIED, BELOW:
NINIf.IUN LIMITS
REQUIRED TYPE OF COVERAGE REQUIREMENT EACH
YES
YES
YES
YES
YES
YES
OCCURRENCE AGGREGATE
WORKER'S COMPENSATION STATUTORY
EMPLOYER'S LIABILITY STATUTORY
BODILY INJURY 51,000,000 51,000,000
GENERAL LIABILITY, INCLUDING
PERSONAL INJURY, BROAD FORM PROPERTY DAMAGE 51,000,000 51,000,000
PROPERTY DAMAGE BLANKET
CONTRACTUAL, AND FIRE LEGAL BODILY INJURY & PROPERTY DAMAGE 51,000,000 51,000,000
LIABILITY COMBINED.
BODILY INJURY 51,000,000 51,000,000
-EAC H PERSON 51,000,000 51,000,000
-EAC H OCCURRENCE 51 ,000,000 51,000,000
AUTOMOBILE LIABILITY, iNCLUDING
ALL OWNED, HIRED. NON·OWNED PROPERTY DAMAGE 51.000,000 51,000,000
BODILY INJURY AND PROPERTY 51,000,000 51,000,000
DAMAGE, COMBINED
PROFESSIONAL LIABILITY, INCLUDING,
ERRORS AND OMISSIONS,
MALPRACTICE (WHEN APPLICABLE),
AND NEGLIGENT PERFORMANCE ALL DAMAGES 51.000.000
"fl-IE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONTRACTOR, AT ITS SOLE COST AND EXPENSE,
SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT
AGREEMENT, TIle INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONTRACTOR AND ITS SUBCONSULT ANTS,
IF ANY, BUT ALSO, WITH THE EXCEPTION Of WORKERS' COMPENSATION, EMPLOYER'S LIABILITY AND PROFESSIONAL
INSURANCE, NAMING AS ADDITIONAL INSUREDS CIT\'. ITS COUNCIL MEMBERS, OfFICERS. AGENTS, AND EMPLOYEES.
I. INSURANCE COVERAGE MUST INCLUDE:
A. A PROVISION FOR A WRITTEN THIRTY DAY ADVANCE NOTICE TO CITY OF CHANGE IN
COVERAGE OR OF COVERAGE CANCELLA nON; AND
B. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR
CONTRACTOR'S AGREEMENT TO INDEMNIFY CITY.
C. DEDUCTIBLE AMOUNTS IN EXCESS OF S5,000 REQUIRE CITY'S PRIOR APPROVAL.
II. CONTACToR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE.
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III. ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO "ADDITIONAL
INSUREDS"
A. PRIMARY COVERAGE
WITH RESPECT TO CLAIMS ARISING OUT OF "IlIE OPERATIONS OF THE NAMED INSURED, IN SURANCE AS
AFFORDED BY THlS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING WITH ANY OTHER
INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS.
B. CROSS L1ABILlTY
THE NAM ING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE POLICY SHALL
NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RI GHTS OF THE INSUREO AGAINST ANOTHER, BUT THIS
ENDORSEMENT, ANO HIE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF
THE COMPANY UNDER THIS POLICY.
C. NOTICE OF CANCELLATION
I. IF THE POLICY IS CANCELED BEFORE ITS EXI'IRA TlON DATE FOR ANY REASON OTHER
THANTHENON-PAYMENTOF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY
AT LEAST A THIRTY (30) DAY WRI1TEN NOTICE BEFORE THE EFFECTIVE DATE OF
CANCELLATION.
2. IFTHE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT
OF PREMIUM, THE ISSUING COMPANY SHALL PROVTDE CITY AT LEAST A TEN (10) DA Y
WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
NOTICES SHALL BE MAILED TO:
PURCHASING AND CONTRACT ADMINISTllATION
CITY OF PALO ALTO
P.O. 1l0X 10250
PALO ALTO, CA 94303
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CITY OF PALO ALTO CONTRACT NO. S12154608
AGREEMENT BETWEEN THE CITY OF PALO ALTO AND
FERGUS GARBER YOUNG CONSULTANTS FOR PROFESSIONAL SERVICES
This Agreement is entered into on this day of August, 2012, ("Agreement")
by and between the CITY OF PALO ALTO, a California chartered municipal corporation
("CITY"), and FERGUS GARBER YOUNG CONSULTANTS a California Corporation, located at
81 Encina Avenue, California 94301, Telephone (650) 473-0400 ("CONSULTANT").
RECITALS
The following recitals are a substantive portion of this Agreement.
A. CITY intends to develop a preliminary specific plan concept for the real property located at
27 University Avenue, Palo Alto ("Project").The CITY desires to engage CONSULTANT to support
the City'S development ofthis specific plan, including the development of potential character, size
and locations of buildings and structures that support the concepts of this specific plan ..
B. CITY intends to engage the applicant(s) who wish to develop this site in the design
development of their proposal( s) to better inform the applicant( s) of the CITY's goals, policies, and
requirements that constrain the design of any proposed development of this site. The City desires to
engage the CONSULTANT to support the CITY's engagement of these applicants in these
discussions.
C. CONSULTANT has represented that it has the necessary professional expertise,
qualifications, and capability, and all required licenses and/or certifications to provide the Services.
D. CITY in reliance on these representations desires to engage CONSULTANT to provide the
Services as more fully described in Exhibit "A", attached to and made a part of this Agreement.
NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, this
Agreement, the parties agree:
AGREEMENT
SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described in
Exhibit "A" in accordance with the terms and conditions contained in this Agreement. The
performance of all Services shall be to the reasonable satisfaction of CITY.
SECTION 2. TERM.
The term of this Agreement shall be from the date of its full execution through 09/30/2013 unless
terminated earlier pursuant to Section 19 of this Agreement.
SECTION 3. SCHEDULE OF PERFORMANCE. Time is of the essence in the performance of
Services under this Agreement. CONSULTANT shall complete the Services within the term of this
Agreement and in accordance with the schedule set forth in Exhibit "B", attached to and made a part
Professional Services
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of this Agreement Any Services for which times for performance are not specified in this
Agreement shall be commenced and completed by CONSULTANT in a reasonably prompt and
timely manner based upon the circumstances and direction communicated to the CON SUL T ANT.
CONSULT ANT shall not be responsible for delay caused by factors beyond the reasonable control
of CONSUOL TANT. CITY's agreement to extend the term or the schedule for performance shall
not preclude recovery of damages for delay if the extension is required due to the fault of
CONSULTANT.
SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to
CONSULTANT for performance of the Services described in Exhibit" A", including both payment
for professional services and reimbursable expenses, shall not exceed Eighty Five Thousand Dollars
($85,000.00). In the event Additional Services are authorized, the total compensation for services
and reimbursable expenses shall not exceed Eighty Five Thousand Dollars and ($85,000.00).
The applicable rates and schedule of payment are set out in Exhibit "C-l", entitled "HOURLY
RATE SCHEDULE," which is attached to and made a part of this Agreement.
Additional Services, if any, shall be authorized in accordance with and subject to the provisions of
Exhibit "C". CONSULTANT shall not receive any compensation for Additional Services performed
without the prior written authorization of CITY. Additional Services shall mean any work that is
determined by CITY to be necessary for the proper completion of the Project, but which is not
included within the Scope of Services described in Exhibit "A".
SECTION S. INVOICES. In order to request payment, CONSULTANT shall submit monthly
invoices to the CITY describing the services performed and the applicable charges (including an
identification of personnel who performed the services, hours worked, hourly rates, and
reimbursable expenses), based upon the CONSULTANT's billing rates (set forth in Exhibit "C-l ").
The information in CONSULTANT's payment requests sha1l be subject to verification by CITY.
CONSULTANT shall send all invoices to the City'S project manager at the address specified in
Section 13 below. The City will generally process and pay invoices within thirty (30) days of
receipt.
SECTION 6. OUALIFICATIONS/STANDARD OF CARE. All of the Services shall be
performed by CONSULTANT or under CONSULTANT's supervision. CONSULTANT represents
that it possesses the professional and technical personnel necessary to perform the Services required
by this Agreement and that the personnel have sufficient skill and experience to perform the Services
assigned to them. CONSULT ANT represents that it, its employees and subconsultants, if permitted,
have and shall maintain during the term of this Agreement all licenses, permits, qualifications,
insurance and approvals of whatever nature that are legally required to perform the Services.
All of the services to be furnished by CONSULT ANT under this agreement shall meet the
professional standard and quality that prevail among professionals in the same discipline and of
similar knowledge and skill engaged in related work throughout California under the same or similar
circumstances.
SECTION 7. COMPLIANCE WITH LAWS. CONSULTANT shall keep itself informed of and
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in compliance with all federal, state and local laws, ordinances, regulations, and orders that may
affect in any manner the Project or the performance of the Services or those engaged to perform
Services under this Agreement. CONSULTANT shall procure all permits and licenses, pay all
charges and fees, and give all notices required by law in the performance of the Services.
SECTION 8. [Intentionally omitted]
SECTION 9. [Intentionally omitted.]
SECTION 10. INDEPENDENT CONTRACTOR. It is Wlderstood and agreed that in performing
the Services under this Agreement CONSULTANT, and any person employed by or contracted with
CONSULTANT to furnish labor and/or materials under this Agreement, shall act as and be an
independent contractor and not an agent or employee of the CITY.
SECTION 11. ASSIGNMENT. The parties agree that the expertise and experience of
CONSULTANT are material considerations for this Agreement. CONSULTANT shall not assign or
transfer any interest in this Agreement nor the performance of any of CONSULTANT's obligations
hereunder without the prior written consent of the city manager. Consent to one assignment will not
be deemed to be consent to any subsequent assignment. Any assignment made without the approval
of the city manager will be void.
S.ECTION 12. SUBCONTRACTING.
CONSULTANT shall not subcontract any portion of the work to be performed under this Agreement
without the prior written authorization of the city manager or designee.
SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Daniel Garber as
the Project Manager, Email: dan@fgy-arch.com , Telephone: (650) 473-0400 to have supervisory
responsibility for the performance, progress, and execution of the Services and as the Project
Manager to represent CONSULTANT during the day-to-day work on the Project. If circumstances
cause the substitution of the project director, project coordinator, or any other key personnel for any
reason, the appointment of a substitute project director and the assignment of any key new or
replacement personnel will be subject to the prior written approval ofthe CITY's project manager.
CONSULTANT, at CITY's request, shall promptly remove personnel who CITY [mds do not
perform the Services in an acceptable manner, are uncooperative, or present a threat to the adequate
or timely completion of the Project or a threat to the safety of persons or property.
The City's project manager is Khashayar Alaee, Planning and Community Environment Department,
250 Hamilton Avenue Palo Alto, CA 94303, Email: Khashayar.Alaee@CityofPaloAlto.org ,
Telephone: (650) 329-2230. The project manager will be CONSULTANT's point of contact with
respect to performance, progress and execution of the Services. The CITY may designate an
alternate project manager from time to time.
SECTION 14. OWNERSHIP OF MATERIALS. Upon delivery, all work product, including
without limitation, all writings, drawings, plans, reports, specifications, calculations, documents,
other materials and copyright interests developed under this Agreement shall be and remain the
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exclusive property of CITY without restriction or limitation upon their use. CONSULTANT agrees
that all copyrights which arise from creation of the work pursuant to this Agreement shall be vested
in CITY, and CONSULTANT waives and relinquishes all claims to copyright or other intellectual
property rights in favor of the CITY. Neither CONSULTANT nor its contractors, if any, shall make
any of such materials available to any individual or organization without the prior written approval
of the City Manager or designee. CONSULTANT makes no representation of the suitability of the
work product for use in or application to circumstances not contemplated by the scope of work.
SECTION 15. AUDITS. CONSULTANT will permit CITY to audit, at any reasonable time
during the term of this Agreement and for three (3) years thereafter, CONSULTANT's records
pertaining to matters covered by this Agreement. CONSULTANT further agrees to maintain and
retain such records for at least three (3) years after the expiration or earlier termination of this
Agreement.
SECTION 16. INDEMNITY.
16.1. To the fullest extent permitted by law, CONSULTANT shall protect,
indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents
(each an "Indemnified Party") from and against any and all demands, claims, or liability of any
nature, including death or injury to any person, property damage or any other loss, including all
costs and expenses of whatever nature including attorneys fees, experts fees, court costs and
disbursements ("Claims") that arise out of, pertain to, or relate to the negligence, recklessness, or
willful misconduct of the CONSULTANT, its officers, employees, agents or contractors under this
Agreement, regardless of whether or not it is caused in part by an Indemnified Party.
16.2. Notwithstanding the above, nothing in this Section 16 shall be construed to
require CONSULTANT to indenmify an Indenmified Party from Claims arising from the active
negligence, sole negligence or willful misconduct of an Indemnified Party.
16.3. The acceptance of CONSULTANT's services and duties by CITY shall not
operate as a waiver of the right of indemnification. The provisions of this Section 16 shall survive
the expiration or early termination of this Agreement.
SECTION 17. WAIVERS. The waiver by either party of any breach or violation of any covenant,
term, condition or provision of this Agreement, 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.
SECTION 18. INSURANCE.
18 .1. CONSULTANT, at its sole cost and expense, shall obtain and maintain, in full
force and effect during the term of this Agreement, the insurance coverage described in Exhibit "E".
CONSULTANT and its contractors, if any, shall obtain a policy endorsement naming CITY as an
additional insured under any general liability or automobile policy or policies.
18.2. All insurance coverage required hereunder shall be provided through carriers
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with AM Best's Key Rating Guide ratings of A-:VII or higher which are licensed or authorized to
transact insurance business in the State of California. Any and all contractors of CONSULTANT
retained to perform Services under this Agreement will obtain and maintain, in full force and effect
during the term of this Agreement, identical insurance coverage, naming CITY as an additional
insured under such policies as required above.
18.3. Certificates evidencing such insurance shall be filed with CITY concurrently
with the execution of this Agreement. 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, , by the insurer except after filing with the Purchasing Manager thirty (30) days' prior
written notice of the cancellation, CONSULTANT shall be responsible for ensuring that current
certificates evidencing the insurance are provided to CITY's Purchasing Manager during the entire
term of this Agreement.
18.4. The procuring of such required policy or policies of insurance will not be
construed to limit CONSULTANT's liability hereunder nor to fulfill the indemnification provisions
of this Agreement. Notwithstanding the policy or policies of insurance, CONSULTANT will be
obligated for the full and total amount of any damage, injury, or loss caused by or directly arising as
a result of the Services performed under this Agreement, including such damage, injury, or loss
arising after the Agreement is terminated or the term has expired.
SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES.
19.1. The City Manager may suspend the performance of the Services, in whole or
in part, or terminate this Agreement, with or without cause, by giving ten (10) days prior written
notice thereof to CONSULTANT. Upon receipt of such notice, CONSULTANT will immediately
discontinue its performance of the Services. If the notice provides cause, CONSULTANT shall be
provided 10 days to correct any default to the City's reasonable satisfaction.
19.2. CONSULTANT may terminate this Agreement or suspend its performance of
the Services by giving thirty (30) days prior written notice thereof to CITY, but only in the event of
a substantial failure of performance by CITY.
19.3. Upon such suspension or termination, CONSULTANT shall deliver to the
City Manager immediately any and all copies of studies, sketches, drawings, computations, and
other data, whether ornot completed, prepared by CONSULTANT or its contractors, if any, or given
to CONSULTANT or its contractors, if any, in connection with this Agreement. Such materials will
become the property of CITY.
19.4. Upon such suspension or termination by CITY, CONSULTANT will be paid
for the Services rendered or materials delivered to CITY in accordance with the scope of services on
or before the effective date (Le., 10 days after giving notice) of suspension or termination; provided,
however, if this Agreement is suspended or terminated on account of a default by CONSULTANT,
CITY 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 acting in the reasonable exercise ofhislher discretion. The following Sections will
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survive any expiration or tennination of this Agreement: 14, 15, 16, 19.4,20, and 25.
19.5. No payment, partial payment, acceptance, or partial acceptance by CITY will
operate as a waiver on the part of CITY of any of its rights under this Agreement.
SECTION 20. NOTICES.
All notices hereunder will be given in writing and mailed, postage prepaid, by
certified mail, addressed as follows:
To CITY: Office of the City Clerk
City of Palo Alto
Post Office Box 10250
Palo Alto, CA 94303
With a copy to the Purchasing Manager
To CONSULTANT: Attention of the project manager
at the address of CONSULTANT recited above
SECTION 21. CONFLICT OF INTEREST.
21.1. In accepting this Agreement, 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.
21.2. CONSULTANT further covenants that, in the performance of this Agreement,
it will not employ subconsultants, contractors or persons having such an interest. CONSULTANT
certifies that no person who has or will have any financial interest under this Agreement 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 ofCalifomia.
21.3. If the CITY's Project Manager determines that CONSULTANT is a
"Consultant" as that term is defined by the Regulations of the Fair Political Practices Commission,
CONSULTANT shall be required and agrees to file the appropriate financial disclosure documents
required by the Palo Alto Municipal Code and the Political Reform Act.
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SECTION 22. NONDISCRIMINATION. As set forth in Palo Alto Municipal Code section
2.30.510, CONSULTANT certifies that in the performance of this Agreement, it shall not
discriminate in the employment of any person because of the race, skin color, gender, age, religion,
disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status,
weight or height of such person. CONSULTANT acknowledges that it has read and understands the
provisions of Section 2.30.510 of the Palo Alto Municipal Code, which have been provided to the
consultant, relating to Nondiscrimination Requirements and the penalties for violation thereof, and
agrees to meet all requirements of Section 2.30.510 pertaining to nondiscrimination in employment.
SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE
REOUIREMENTS. CONSULTANT shall comply with the City'S Environmentally Preferred
Purchasing policies which are available at the City's Purchasing Department, incorporated by
reference and may be amended from time to time. CONSULTANT shall comply to the best of their
ability with waste reduction, reuse, recycling and disposal requirements of the City's Zero Waste
Program. Zero Waste best practices include first minimizing and reducing waste; second, reusing
waste and third, recycling or composting waste. In particular, Consultant shall comply to the best of
their ability with the City's zero waste guidelines:
• All printed materials provided by Consultant to City generated from a personal
computer and printer including but not limited to, proposals, quotes, invoices,
reports, and public education materials, shall be double-sided and printed on a
minimum of30% or greater post-consumer content paper, unless otherwise approved
by the City's Project Manager. Any submitted materials printed by a professional
printing company shall be a minimum of30% or greater post-consumer material and
printed with vegetable based inks.
• Goods purchased by Consultant on behalf of the City shall be purchased in
accordance with the City's Environmental Purchasing Policy including but not
limited to Extended Producer Responsibility requirements for products and
packaging. A copy of tills policy is on file at the Purchasing Office.
SECTION 24. NON-APPROPRIATION
24.1. This Agreement is subjectto the fiscal provisions of the Charter of the City of
Palo Alto and the Palo Alto Municipal Code. This Agreement will terminate without any penalty (a)
at the end of any fiscal year in the event that funds are not appropriated for the following 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 tills Agreement are no longer available. This section shall take
precedence in the event of a conflict with any other covenant, term, condition, or provision of tills
Agreement.
SECTION 25. MISCELLANEOUS PROVISIONS.
25.1. This Agreement will be governed by the laws of the State of California.
25 .2. In the event that an action is brought, the parties agree that trial of such action
will be vested exclusively in the state courts of California in the County of Santa Clara, State of
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California.
25.3. The prevailing party in any action brought to enforce the provisions of this
Agreement may recover its reasonable costs and attorneys' fees expended in connection with that
action. The prevailing party shall be entitled to recover an amount equal to the fair market value of
legal services provided by attorneys employed by it as well as any attorneys' fees paid to third
parties.
25.4. This document represents the entire and integrated agreement between the
parties and supersedes all prior negotiations, representations, and contracts, either written or oral.
This document may be amended only by a written instrument, which is signed by the parties.
25.5. The covenants, terms, conditions and provisions of this Agreement will apply
to, and will bind, the heirs, successors, executors, administrators, assignees, and consnltants of the
parties.
25.6. If a court of competent jurisdiction finds or rules that any provision of this
Agreement or any amendment thereto is void or unenforceable, the unaffected provisions of this
Agreement and any amendments thereto will remain in full force and effect.
25.7. AIl exhibits referred to in this Agreement and any addenda, appendices,
attachments, and schedules to this Agreement which, from time to time, may be referred to in any
duly executed amendment hereto are by such reference incorporated in this Agreement and will be
deemed to be a part of this Agreement.
25.8 If, pursuant to this contract with CONSULTANT, City shares with
CONSULTANT personal information as defined in California Civil Code section 1798.81.5(d)
about a California resident ("Personal Information"), CONSULTANT shall maintain reasonable and
appropriate security procedures to protect that Personal Information, and shall inform City
immediately upon learning that there has been a breach in the security of the system or in the
security of the Personal Information. CONSULTANT shall not use Personal Information for direct
marketing purposes without City's express written consent.
25.9 All unchecked boxes do not apply to this agreement.
25.10 The individuals executing this Agreement represent and warrant that they
have the legal capacity and authority to do so on behalf of their respective legal entities.
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IN WITNESS WHEREOF, the parties hereto have by their duly authorized
representatives executed this Agreement on the date first above written.
CITY OF PALO ALTO FERGUS GARBER YOUNG
CONSULTANTS
City Manager
APPROVED AS TO FORM:
Senior Ass!. City Attorney
Date:
Attachments:
EXHIBIT "A":
EXHIBIT "B":
EXHIBIT "C":
EXHIBIT "C-l":
EXHIBIT "0":
EXHIBIT "E":
SCOPE OF WORK
SCHEDULE OF PERFORMANCE
COMPENSATION
SCHEDULE OF RATES
SUPLEMENTAL TERMS AND CONDITIONS
INSURANCE REQUIREMENTS
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EXHIBIT “A”
SCOPE OF SERVICES
Specific Plan Development - Phase Two
Tasks include:
1. Agency and Stakeholder Engagement, Continued
2. Theater Use Entitlement Development
3. City Council Presentation including; Exhibit Production, Staff Report Review,
Public Presentation
Applicant Support - Phase Two
Tasks include:
1. Meetings with Applicant(s) , Continued
2. Review of Applicant design concepts, Continued
Assumptions
City Staff will take an active role including, but not limited to the following tasks:
Perform project administration tasks including meeting agenda, notes, internal team
coordination, communications and scheduling.
Manage the Public’s and the City Council’s communication and directions to and from
the City’s Design Team.
Represent the City’s interests at meetings with Mr. Arrillaga and his design team.
Manage the Design Team’s outreach to other agencies as necessary including but not
limited to the VTA, Marguerite Shuttle, CalTrain and Samtrans.
Present project status and issues to the City Council including preparing presentation
materials.
City Staff and City consultants will provide the following information to the scope of the
CONSULTANT, including but not limited to the following:
Assist in the programming of public spaces.
Recommend solutions to the relocation of the Julia Morgan Building and Red Cross
occupancy.
Provide parking and traffic, historic resources, utility, arborist and other technical
analysis or studies.
Provide direction related to the pedestrian and bicycle connectivity in the case other
future development for the site.
Scope Limitations
Communication and or presentation of the project to the Commission and City Council,
stakeholder and community engagement, renderings and the engagement of a renderer, are not
included in this scope of work.
The CONSULTANT shall provide no cost estimating.
The CONSULT ANT shall not be responsible for any errors or omissions contained in any
document they prepare for the CITY. The CONSULTANT will be responsible for the collection
of the goals and objectives the CITY wishes to be represented in the Specific Plan Concept the
CITY is preparing, and for the representation of the concepts that are developed to address the
CITY's goals and objectives depicted in Specific Plan Concept.
If the CITY assumes ownership of the work products of the CONSULTANT, the CITY shall
give acknowledgement of the CONSULTANT's authorship of those work products and the
CITY takes complete responsibility for the accuracy ana completeness of the product and the
purpose for which the work products are bem¥ used by the CITY. •.
"
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EXHlBIT"B"
SCHEDULE OF PERFORMANCE
CONSULTANT shall perfonn the Services so as to complete each milestone within the nwnber
of days/weeks specified below. The time to complete each milestone may be increased or
decreased by mutual written agreement (email is acceptable) of the project managers for
CONSULTANT and CITY so long as all work is completed within the term of the Agreement.
CONSULTANT shall provide a detailed schedule of work consistent with the schedule below
within 2 weeks of receipt of the notice to proceed.
Milestones
Specific Plan Development -Phase Two
Applicant Support -Phase Two
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Completion Date or
No. ofDays/Weeks
FromNTP
September 24,2012
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EXHIBIT "C"
COMPENSATION
The CITY agrees to compensate the CONSULTANT for professional services performed in
accordance with the terms and conditions of this Agreement, and as set forth in the budget
schedule below. Compensation shall be calculated based on the hourly rate schedule attached
as exhibit Col up to the not to exceed budget amount for each task set forth below.
The compensation to be paid to CONSULT ANT under this Agreement for all services
described in Exhibit "A" ("Basic Services") and reimbursable expenses shall not exceed
$85,000.00. CONSULT ANT agrees to complete all Basic Services, including reimbursable
expenses, within this amount. In the event CITY authorizes any Additional Services, the
maximum compensation shall not exceed $85,000.00. Any work performed or expenses
incurred for which payment would result in a total exceeding the maximum amount of
compensation set forth herein shall be at no cost to the CITY. This does not prevent the City
and Consultant from entering into a separate contract for additional related services.
CONSULTANT shall perform the tasks and categories of work as outlined and budgeted
below. The CITY's Project Manager may approve in writing the transfer of budget amounts
between any of the tasks or categories listed below provided the total compensation for Basic
Services, including reimbursable expenses, does not exceed $85,000.00 and the total
compensation for Additional Services does not exceed $0.00 for this contract.
BUDGET SCHEDULE NOT TO EXCEED AMOUNT
Specific Plan Development -Phase Two $45,000.00
Applicant Support -Phase Two $30,000.00
Sub-total Basic Services $75,000.00
Reimbursable Expenses $ 10,000.00
Total Basic Services and Reimbursable expenses $85,000
Additional Services (Not to Exceed) $0.00
Maximum Total Compensation $85,000.00
REllWBURSABLEEXPENSES
The administrative, overhead, secretarial time or secretarial overtime, word processing,
insurance and other ordinary business expenses are included within the scope of payment for
services and are not reimbursable expenses. CITY shall reimburse CONSULTANT for the
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following reimbursable expenses at cost. Expenses for which CONSULTANT shall be
reimbursed are:
• Long distance services, dedicated data and communication services, teleconferences,
Project Web sites, and extranets;
• Fees paid for securing approval of authorities having jurisdiction over the Project;
• In and Out of house printing, reproductions, plots, standard form documents; The
consultant may charge $.07 for 8.5xll, $1.72 for 23x18 and $3.00 for 24"x36" prints or
copies without obtaining advanced authorization.
• Postage, handling and delivery;
• Expense of overtime work requiring higher than regular rates, if authorized in advance by
the CITY;
• Renderings, models, mockDups, professional photography, and presentation materials as
requested by the CITY;
• CONSULTANT's Consultants' expense of professional liability insurance dedicated
exclusively to this Project, or the expense of additional insurance coverage or limits if the
CITY requests such insurance in excess of that normally carried by the
CONSULTANT's consultants;
• Costs charged by the Consultant's insurance carriers to add or reference the City in the
insurance policies, including workers compo
• All taxes levied on professional services and on reimbursable expenses, if any
Transportation and authorized out-of-town travel and subsistence. For driving beyond a
10 mile radius of our office we charge the standard IRS mileage rate.
A. Travel outside the San Francisco Bay area, including transportation and meals, will be
reimbursed at actual cost subject to the City of Palo Alto's policy for reimbursement of travel
and meal expenses for City of Palo Alto employees.
B. Long distance telepbone service charges, cellular phone service charges, facsimile
transmission and postage charges are reimbursable at actual cost.
All requests for payment of expenses shall be accompanied by appropriate backup
information. Any expense anticipated to be more than $300.00 shall be approved in advance
by the CITY's project manager.
ADDITIONAL SERVICES
The CONSULTANT shall provide additional services only by advanced, written
authorization from the CITY. The CONSULTANT, at the CITY's project manager's request,
shall submit a detailed written proposal including a description of the scope of services,
schedule, level of effort, and CONSULTANT's proposed maximum compensation, including
reimbursable expense, for such services based on the rates set forth in Exhibit C-l. The
additional services scope, schedule and maximum compensation shall be negotiated and
agreed to in writing by the CITY's Project Manager and CONSULTANT prior to
commencement of the services. Payment for additional services is subject to all requirements
and restrictions in this Agreement
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Work required because the following conditions are not satisfied or are exceeded shall be
considered as additional services:
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TIME AND EXPENSE FEES
EXHIBIT "C-l"
HOURLY RATE SCHEDULE
All services performed on a time and expense basis will be billed at the assigned person's
standard hourly rate, as follows:
Intern
Designer
Arch I
Arch 2
PAIPM
Principle
45
85
105
125
145 (also Sustainability Manager & principle's time when drafting)
175 (meetings, management, and design)
We bill monthly and payments are due within thirty (30) calendar days of the invoice date.
Invoices for time and expense based fees will list the people who are working on the project,
their hours, and a brief description of the tasks they have worked on. Monthly invoices include
only the time that have been approved by FGY management prior to that invoice's issuance.
If we are asked to engage and manage project consultants including -but not limited to -
renderers, model makers, structural, mechanical, electrical, landscaping, geotechnical, lighting,
specifications, controls or other low voltage, and hardware consultants, these fees in time and
expense agreements will be marked-up by 10%.
NOT TO EXCEED and FIXED FEES
We bill monthly and payments are due within thirty (30) calendar days of the invoice date.
Invoices for fixed dollar values based fees will be billed on a percent complete basis.
Each monthly bill will include reimbursable expenses which are in addition to our fees (see
below). Expenses are billed at a 10% mark-up.
Ifwe are asked to engage and manage project consultants including -but not limited to-
renderers, model makers, structural, mechanical, electrical, landscaping, geotechnical, lighting,
specifications, controls or other low voltage, and hardware consultants, these fees in fixed fee or
not to exceed agreements will be marked-up by 10%.
For items that fall outside of the services being provided under our fixed fee ("additional
services"), we will bill on a time and material basis at billing rates noted, unless some other
structure of payment is established with you beforehand. Items that would fall into this
category include but are not limited to the following: changes to the contractor; changes in
scope, (adding or reducing significant square footage or changes to the project budget);
changes in design (significant changes to plan layout, details, fenestration, or materials),
changes needed for permitting to meet conditions for approval; and or changes to the duration or
continuity of the project (stopping the project or doing tasks out of sequence for example).
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EXHIBIT "D"
SUPLEMENTAL TERMS AND CONDmONS
HAZARDOUS MATERIALS OR TOXIC SUBSTANCES
The CONSULT ANT shall have no responsibility for the discovery, presence, handling, removal
or disposal of, or exposure of persons to, hazardous materials or toxic substances in any form at
the Proj ect site.
USE OF PHOTOGRAPHIC AND OR ARTISTIC REPRESENTATIONS
With the pennission of the CI1Y: CONSULTANT shall have the right to include photographic
or artistic representations of the design of the Project among the CONSULTANT's promotional
and professional materials, on the CONSULTANTs Web site and other online presences
including but not limited to the CONSULTANT's Facebook, and Houzz accounts.
The CONSULT ANT shall be given reasonable access to the completed Project to take
photograph and or make such representations. However, the CONSULTANT's materials shall
not include the CITY's confidential or proprietary information if the CITY has previously
advised the CONSULT ANT in writing of the specific information considered by the CITY to be
confidential or proprietary.
The CITY shall provide professional credit for the CONSULTANT in the CITY's promotional
materials for the Proj ecl.
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EXHIBIT "E"
INSURANCE REQUIREMENTS
CONTRACTORS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE CONTRACT
OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES
WITHAMBEST'SKEYRATINGOFA-:VII, OR HIGHER, LICENSED ORAUfHORIZED TO TRANSACT I NSURANCE BUSINESS IN
THE STATE OF CALIFORNIA.
AWARD IS , I COMPLIANCE Wl11I CITY'S IN'nR A NrF "" :
MINIMUM LIMITS
REQUIRED TYPE OF COVERAGE REQUIREMENT . EACH
YES
YES
YES
YES
YES
YES
AGGREGATE
EMPLO~:S LIABILITY STATUTORY
BODILY INJURY $1,000,000
GENERAL LIABILITY, INCLUDING
PERSONAL INJURY, BROAD FORM PROPERTY DAMAGE $1,000,000 $1,000,000
PROPERTY DAMAGE BLANKET
CONTRACTUAL, AND FIRE LEGAL BODILY INJURY & PROPERTY DAMAGE $1,000,000 81,000,000
<fA"" I"I"V ~~ON " '000'000 81,000,000
-EACH OCCURRENCE $1,000,000 SI,OOO,OOO
AUTOMOBILE LIABILITY, INCLUDING
ALL OWNED, HIRED, NON-OWNED PROPERTY DAMAGE $1,000,000 $1,000,000
BODILY INJURY AND PROPERTY SI,OOO,OOO $1,000,000
PROFESSIONAL LIABILITY, INCLUDING,
ERRORS AND OMISSIONS,
MALPRACTICE (WHEN APPLICABLE),
AND NEGLIGENT PERFORMANCE ALL <I oon non
THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONTRACTOR SHALL OBTAIN AND MAINTAIN, IN
FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT AGREEMENT, THE INSURANCE COVERAGE
HEREIN DESCRIBED, INSURING NOT ONLY CONTRACTOR AND ITS SUBCONSUL TANTS, IF ANY, BUT ALSO, WITH THE EXCEPTION
OF WORKERS' COMPENSATION, EMPLOYER'S LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSUREDS
CITY.
I. INSURANCE COVERAGE MUST INCLUDE:
A. A PROVISION FOR A WRITTEN THIRTY DAY ADVANCE NOTICE TO CITY OF CHANGE IN
COVERAGE OR OF COVERAGE CANCELLATION; AND
B. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR
CONTRACTOR'S AGREEMENT TO INDEMNIFY CITY.
C. DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITY'S PRIOR APPROVAL.
II. CONTACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE.
III. ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO "ADDITIONAL
INSUREDS"
A. PRIMARY COVERAGE
WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE AS
AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING WITH ANY OTHER
INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS.
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B. CROSS LIABILITY
THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE POLICY SHALL
NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER, BUT THIS
ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF
THE COMPANY UNDER THIS POLICY.
C. NOTICE OF CANCELLATION
1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER
THAN THE NON-PA YMENTOF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE ClTY
AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF
CANCELLATION.
2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT
OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A TEN (10) DAY
WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
NOTICES SHALL BE MAILED TO:
PURCHASING AND CONTRACT ADMINISTRATION
CITY OF PALO ALTO
P.O. BOX 10250
PAWALTO,CA 94303
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AMENDMENT NO.1 TO CONTRACT NO. S12144798
BETWEEN THE CITY OF PALO ALTO AND
METROPOLITAN PLANNING GROUP
This Amendment No.1 to Contract No. S12l44798 ("Contract") is entered into
September 12, 2012, by and between the CITY OF PALO ALTO, a California chartered mllllicipal
corporation ("CITY"), and METROPOLITAN PLANNING GROUP, a California corporation,
located at 579 Clyde Avenue, Suite 340, Mountain View, California, 94043 ("CONSULTANT").
RECITALS:
WHEREAS, the Contract was entered into between the parties for the provision of
overseeing and assisting with development of the real property located at 27 University Avenue,
Palo Alto, California ("Project") and desires to engage a consultant to assist with the coordination of
the Project, the coordination and review of the environmental review for the Project, the site plan
and architectural review process for the Project and any other tasks as necessary or needed in
connection with the Project ("Services")
; and
WHEREAS, the parties wish to amend the Contract;
NOW, THEREFORE, in consideration of the covenants, terms, conditions, and
provisions of this Amendment, the parties agree:
SECTION 1. Section 4. NOT TO EXCEED COMPENSATION is hereby amended
to read as follows:
"The compensation to be paid to CONSULTANT for performance of the Services described in
Exhibit "A", including both payment for professional services and reimbursable expenses, shall
not exceed Forty Five Thousand Dollars ($45,000.00). The applicable rates and schedule of
payment are set out in Exhibit "C-l", entitled "HOURLY RATE SCHEDULE," which is
attached to and made a part of this Agreement.
Additional Services, if any, shall be authorized in accordance with and subject to the provisions
of Exhibit "C". CONSULTANT shall not receive any compensation for Additional Services
performed without the prior written authorization of CITY. Additional Services shall mean any
work that is determined by CITY to be necessary for the proper completion of the Project, but
which is not included within the Scope of Services described in Exhibit "A".
SECTION 2. The following exhibit( s) to the Contract is/are hereby amended to read
as set forth in the attachment(s) to this Amendment, which are incorporated in full by this reference:
a. Exhibit "c" entitled "COMPENSATION".
1 Revision July 25,2012
b. Exhibit "C-I" entitled HOURLY RATE SCHEDULE
SECTION 3. Except as herein modified, all other provisions of the Contract,
including any exhibits and subsequent amendments thereto, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have by their duly authorized representatives
executed this Amendment on the date first above written.
METROPOLITAN PLANNING GROUP,
B&l.b~
Name:6tcJPF I. !3fJA/JL£Y
Title: f f2 e'S.
Attachments
EXHIBIT "C" COMPENSATION
EXHIBIT "C-I" HOURLY RATE SCHEDULE
2 Revision July 25,2012
EXHIBIT "C"
COMPENSATION
The CITY agrees to compensate the CONSULTANT for professional services
performed in accordance with the terms and conditions of this Agreement based on
the hourly rate schedule attached as Exhibit C-I.
The compensation to be paid to CONSULTANT under this Agreement for all
services described in Exhibit "A" ("Services") and reimbursable expenses shall not
exceed $45,000.00. CONSULTANT agrees to complete all Services, including
reimbursable expenses, within this amount. In the event CITY authorizes any
Additional Services, the maximum compensation shall not exceed $0. Any work
performed or expenses incurred for which payment would result in a total
exceeding the maximum amount of compensation set forth herein shall be at no
cost to the CITY.
REIMBURSABLE EXPENSES
The administrative, overhead, secretarial time or secretarial overtime, word
processing, photocopying, in-house printing, insurance and other ordinary business
expenses are included within the scope of payment for services and are not
reimbursable expenses. CITY shall reimburse CONSULTANT for the following
reimbursable expenses at cost. Expenses for which CONSULTANT shall be
reimbursed are:
A. Travel outside the San Francisco Bay area, including transportation and meals,
will be reimbursed at actual cost subject to the City of Palo Alto's policy for
reimbursement of travel and meal expenses for City of Palo Alto employees.
B. Long distance telephone service charges, cellular phone service charges,
facsimile transmission and postage charges are reimbursable at actual cost.
All requests for payment of expenses shall be accompanied by appropriate backup
information. Any expense anticipated to be more than $0 shall be approved in
advance by the CITY's project manager.
ADDITIONAL SERVICES
The CONSULTANT shall provide additional services only by advanced, written
authorization from the CITY. The CONSULTANT, at the CITY's project
manager's request, shall submit a detailed written proposal including a description
of the scope of services, schedule, level of effort, and CONSULTANT's proposed
maximum compensation, including reimbursable expenses, for such services based
on the rates set forth in Exhibit C-I. The additional services scope, schedule and
maximum compensation shall be negotiated and agreed to in writing by the
CITY's Project Manager and CONSULTANT prior to commencement of the
services. Payment for additional services is subject to all requirements and
restrictions in this Agreement.
Exhibit C Amendment No.1 Contract S12144798
EXHIBIT "C-l"
HOURLY RATE SCHEDULE
METROPOLITAN PLANNING GROUP
2012 RATE SCHEDULE
STAFF HOURLY RATES
Principal $158.
Proj ect Manger $145.
Senior Planner $13l.
Environmental Planner $125.
Associate Planner $105.
Assistant Planner $79.
AdministrativelPlanning Tech $68.
Exhibit CI Amendment No.1 Contract SI2144798
City of Palo Alto (ID # 3163)
City Council Staff Report
Report Type: Action ItemsMeeting Date: 9/24/2012
Summary Title: Council Priority Setting Process
Title: Policy and Services Committee Recommendations for Annual Council
Priority Setting Process
From: City Manager
Lead Department: City Manager
Recommendation
Staff recommends continuing this item to the October 1, 2012 City Council meeting.
Background
This item was scheduled to be considered by City Council at its September 10, 2012
meeting. Staff recommended a continuation of the item to provide additional time to
coordinate preparation of the staff report. The City Council took action on September
10, 2012, to continue the item to the September 24, 2012 Council meeting.
Discussion
Staff is recommending another continuance of this item to October 1, 2012 due to the
volume of items scheduled to be considered at the September 24, 2012 City Council
meeting and the time sensitivity of the items.
Prepared By: Sheila Tucker, Assistant to the City Manager
Department Head: James Keene, City Manager
City Manager Approval: ____________________________________
James Keene, City Manager