Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
2003-05-05 City Council (5)
Ci~ of Pab ARe TO:HONORABLE CITY COUNCIL FROM:CITY MANAGER DEPARTMENT: PLANNING AND COMMUNITY ENVIRONMENT DATE: SUBJECT: MAY 5, 2003 CMR: 249:03 CONTRACTS TOTALING $129,925 WITH URBSWORKS, INC. AND VAN METER WILLIAMS POLLACK FOR PHASE 2 OF URBAN DESIGN CONSULTANT SERVICES FOR ZONING ORDINANCE UPDATE RECOMMENDATION Staff recommends that the City Council approve the attached contracts with Urbsworks, Inc. and Van Meter Williams Pollack to provide urban design services in support of the Zoning Ordinance Update (ZOU), for a total of $129,925. BACKGROUND The Comprehensive Plan (Plan) includes Pro~am #L-51 to "Use illustrations and form code methods for simplifying the Zoning Ordinance and to promote well-designed buildings," and Pro~am #G-17 to "Use illustrations and a form code to simplify, the Zoning Ordinance, to make it more understandable to readers, and to promote well- designed neighborhoods." Additionally, the Plan includes programs (L-10, L-13, and L- 14) to create and apply zoning standards for Mixed Use, Village Residential, and Transit- Oriented Residential prototypes, with an emphasis on assuring compatibility with neighboring residential areas. Other Plan policies and progams speak to enhancing the City’s design criteria and guidelines for development. Phase 1 Urban Desig-n Services In January 2002, the City issued a Request for Qualifications (RFQ) to solicit interest from architectural and urban design consultants interested in providing urban design services to support the update of the City’s Zoning Ordinance. A total of seven responses were submitted, and five firms were interviewed by a team comprised of a Planning Commissioner, an Architectural Review Board member, the City’s contract planner for the ZOU, and another ZOU staff member. The team recommended both Urbsworks, Inc. (Urbsworks) of Portland, Oregon, and Van Meter Williams Pollack (VMWP) of San Francisco. Each had stren~hs in complementary areas, including: a) design experience CMR: 249:03 Page 1 of 4 for development types similar to those outlined in the Comprehensive Plan; b) backgound in preparing graphic-based codes; c) local experience in Palo Alto (VMWP), and d) community involvement and process design (Urbsworks). The two firms met with the Director of Planning and Community Environment and the Chief Planning Official,. and it was determined that the best approach to the project would be to retain both Urbsworks and VMWP to share the work effort and their expertise. In May 2002, staff contracted with both Urbsworks and VMWP to provide an initial phase (Phase 1) of the urban design services in support of the ZOU. The remaining scope of the project was left to a later phase, as it was difficult to assess the level of work required prior to the initial analysis of constraints and opportunities. While Council action was not required for Phase 1, given the combined contract amount of $50,220, the scope of work for the consultants was presented to the Policy and Services Committee on May 14, 2002 as background for the Phase 2 contract. The focus of the first phase was to evaluate and visually represent existing code constraints that preclude desirable design of multi-family, mixed use, and other development types. The work scope also included preparing examples of prototypes for a handful of site scenarios, to demonstrate the consultants’ approach to incorporating prototypes into the ordinance. The final task of Phase 1 comprised an outline of potential approaches to preparing a form code, ranging from repairing the current standards in base zone districts, to incorporating prototypes, to providing for overlays, to more discretionary review, such as the planned community zone or coordinated area plans. During the course of the initial phase, the consultants made four presentations to the Planning and Transportation Commission (P&TC), three to the Architectural Review Board (ARB), and one to the City Council, on January 13, 2003. The Historic Resources Board (HRB) also attended one of the ARB meetings. A working group of two Commissioners, one ARB member and one HRB member has been established to help gnide the urban design consultants through Phase 2 of the project and to minimize the number of meetings for each full commission or board. City Council Direction On January 13, 2003, the urban design consultants made a presentation to the City Council, summarizing work to that date. The Council directed that several issues be addressed in the review of the ZOU, most of which have some impact on the urban design scope. DISCUSSION Attached is a combined scope of work and division of responsibilities for Phase 2 (Exhibit A), along with contracts for each consultant (Attachments A and B). The team’s primary function is to develop a form code component of the ZOU, focused on multi- family, village residential, mixed use, and transit-oriented development types.~ as well as depicting appropriate transitions adjacent to residential areas. Another key work item for CMR: 249:03 Page 2 of 4 the consultants will be to test various prototypes of development to determine their viability and desirability before adopting code changes. Parking and economic consultants have also been retained to assist in assuring that the updated standards are realistic. The scope of work includes seven primary tasks: Task 1: Task 2" Task 3" Task 4: Task 5: Task 6: Task 7: Issues Overview: Identification and discussion of key issues (open space, parking configurations, setbacks, street orientation, sustainability, etc.) that affect the development of prototypes. Sample Code Format and Application: Preparation of a sample form code section of the ordinance, including text, diagrams, and illustrations. Prototypes Tour: A field survey for Council, P&TC and ARB members, staff and the public of examples of buildings in Palo Alto and nearby cities that may form desirable prototypes for the ZOU. Focus Groups: Presentation of study materials and preliminary recommendations to focus groups comprised of development representatives, businesses and community residents. Discussions will address multi-family, village residential, mixed use, and transit oriented design approaches. Development of Testin~ of New Zoning Criteria: Development of prototypes for up to 30 site scenarios, varying the development type, the use, and the context (adjacent to neighborhoods, street orientation, etc.) for each. Zoning Ordinance Modifications Recommendations: Recommended changes to the Zoning Ordinance to effectuate the desired design prototypes, including specific implementation strategies and support graphics. Coordination with Other Consultants and Committees: Coordination meetings with parking, economic and environmental consultants, as well as the working group committee. All tasks outlined above are expected to be covered by the proposed budget of $129,925. This amount also includes funding for contract amendments up to $10,000 for unanticipated work in Phase 2. The project schedule anticipates that the consultants would complete their work by March of 2004. Public Outreach The proposed scope of work anticipates a series of four focus groups regarding various development types and related prototypes, as well as several P&TC and ARB study sessions and subsequent public hearings with the Commission and Council. CMR: 249:03 Page 3 of 4 Policy and Services Committee A generalized scope of work and budget for Phase 2 of the project was presented to the Policy and Services Committee on September 10, 2002, as it was expected that the total cost of this phase would exceed $65,000. The Committee concurred with the work scope and recognized the importance of the urban design work to completing the Zoning Ordinance Update. RESOURCE IMPACT The proposed contract amounts are within the existing Zoning Ordinance Update budget for contract services. Staff time and other contract planning support are also available within existing budget limitations. POLICY IMPLICATIONS The Zoning Ordinance Update is intended to bring the Zoning Ordinance into compliance with the 1998-2010 Comprehensive Plan. The urban design consultants’ work will allow the City to include elements of a form code approach in the Ordinance, and to address Comprehensive Plan policies to facilitate development of multi-family, mixed use, village residential and transit oriented development types. ATTACHMENTS Attachment A: Contract with Urbsworks, Inc Attachment B: Contract with Van Meter Williams Pollack PREPARED BY: g Manager DEPARTMENT HEAD REVIEW: .STEVE ~ISLIE Director’of Planning and Community Environment CITY MANAGER APPROVAL: Assistant City Manager CMR: 249:03 Page 4 of 4 CONTRACT NO. BETWEEN THE CITY OF PALO ALTO AND URBSWORKS, INC. FOR CONSULTING SERVICES FOR PHASE II OF THE ZONING ORDINANCE UPDATE ATTACHMENT A This Contract No.is entered into , by and between the CITY OF PALO ALTO, a chartered city and a municipa! corporation of the State of California ("CITY"), and URBSWORKS, iNC., a California corporation, !ocated at 3845 SW Condor Avenue, Portland, Oregon 97201 ("CONSULTANT"). RECITALS: WHEREAS, CITY desires certain professional consulting services relating to Phase ii of the Zoning Ordinance Update ,,=h- _ ....._ ~ without( Services") and ~!.~ preparation and del~verv limitation, one or more sets of documents, drawings, maps, plans, designs, data, calculations, surveys, specifications, schedules or other writings ("Deiiverab!es") (Services and Deliverab!es are, collectively, the "Project" , as more fu!ly described in Exhibit "~"" and WHEREAS, CiTY des!res to engage CONSULTANT, including its emp!oyees, if any, in providing the Services by reason of its qualifications and experience in performing the Services, and CONSULTANT has offered to complete the Project on the terms and in the manner set forth herein; ~m~Rm ~ __.ideration of the covenants, terms,NOW, TH=R~OR=, in cons conditions, and provisions of this Contract, the parties agree: SECTION !. TERM i.! This Contract will commence on the date of its execution by CITY, and wil! terminate upon the completion of the Project, unless this Contract is earlier terminated by CITY. Upon the receipt of CITY’s notice to proceed, CONSULTANT wil! com~.ence work on the initial and subsequent Project tasks in accordance with the time schedule set forth in Exhibit "A". Time is of the essence of this Contract. in the event that the Project is not completed within the time required~through any fault of CONSULTANT, CITY’s city manager will have the option of extending the time schedule for any period of time. This provision will not preclude the recovery of damages for delay caused by CONSULTANT. 030417 sdl 0091.33 SECTION 2. SCOPE O~ PROJECT; CHA~IG~S & CORRECTIONS 2.1 The scope of Services. and Deliverables constituting the Project wil! be performed, delivered or executed by CONSULTANT in coordination with Van Meter Williams Pollack under the phases of the Basic Services as described below. 2.2 CITY may order substantial changes in the scope or character of the Basic Services, the De!iverab!es, or the Project, either decreasing or increasing the amount-of work required of CONSULTANT. in the event that such changes are ordered, subject to the approval of CITY’s City Council, as may be required, CONSULTANT wi!! be entitled to ful! compensation for al! work performed prior to CONSULTANT’s receipt of the notice of change and further will be entitled to an extension of the time schedule. Any increase in compensation for substantial changes will be determined in accordance with the provisions of this Contract. CITY wil! not be liable for the cost or payment of any change in work, unless the amount of additiona! compensation attributable to the change in work is agreed to, in writing, by CITY before CONSULTANT commences the performance of any such change in work. 2.3 Where the Project entails the drafting and submission of De!iverables, for example, construction plans, drawings, and specifications, any and al! errors, omissions, or ambiguities in the De!iverab!es, which are discovered by CiTY before invitations to bid on a construction project (for which the Dei’~l ’_’~___!veram_es are requmred) are distributed byCITY, w±77 be corrected by CONSULTANT at no cost to CITY, provided CITY gives notice to CONSULTANT. 2.4 Any and al! errors, omissions, or ambiguities in the De!iverab!es, which are discovered by CITY after the construction contract is awarded by CITY, wil! be performed by CONSULTANT, as fol!ows: (a) at no cost to CITY insofar as those Services, including the Basic Services or the Additiona! Services, as described be!ow, or both, wil! result in minor or nonbeneficia! changes in the construction work required of the construction contractor; or (b) at CITY’s cost insofar as those Services, including the Basic Services or the Additiona! Services, or both, will add a direct and substantial benefit to the construction work required of the construction contractor. The project manager in the reasonable exercise of his or her discretion wil! determine whether the Basic Services or the Additiona! Services, or both, wil! contribute minor or substantial benefit to the cons<ruction work. SECTION 3. CONSULTANT QUALIFICATIONS, STATUS, AND DUTIES OF 3.1 CONSULTANT represents and warrants that together wi=h Van Meter Williams Pollack it has the expertise and 030417 sdl 0091233 professional qualifications to furnish or cause to be furnished the Services and De!iverabies. CONSULTANT further represents and warrants that the project director and every individual, including any consultant (or contractors), charged with the performance of the Services are duly licensed or certified by the State of California, to the extent such licensing or certification is required by law to perform the Services, and that the Project wi!l be executed by them or under their supervision. CONSULTANT wil! furnish to CITY for approval, prior to execution of this Contract, a list of al! individuals and the names of their employers or principals to be emp!oyed as consultants. 3.2 in reliance on the representations and warranties set forth in this Contract, CITY hires CONSULTANT to execute, and CONSULTANT covenants and agrees that it wil! execute or cause to be executed, the Project. 3.3 CONSULTANT will assign ~£ARCY Hc!NELLY as the project director and project coordinator to have supervisory responsibility for the performance, progress, and execution of the Project and wil! represent CONSULTANT during the day-to-day work on the Project. if circumstances or conditions subsequent to the execution of this Contract cause the substitution of the project director or project coordinator for any reason, the appointment of a substitute project director or substitute project coordinator will be subject to the prior written approva! of the project manager. 3.4 CONSULTANT represents and warrants that it will: 3.4.1 Procure a!l permits and licenses, pay a!l charges and fees, and give al! notices which may be necessary and incident to the due and lawful prosecution of the Project; 3.4.2 Keep itself fully informed of all existing and future Federal, State of California, and !oca! laws, ordinances, regulations, orders, and decrees which may affect those engaged or emp!oyed under this Contract and any materials used in CONSULTANT’s performance of the Services; 3.4.3 At all times observe and comply with, and cause its emp!oyees and consultants, if any, who are assigned to the performance of this Contract to observe and comply with, the laws, ordinances, regulations, orders and decrees mentioned above; and 3.4.4 Wi!! report immediately to the project manager, in writing, any discrepancy or inconsistency it discovers in the laws, ordinances, regulations, orders, and decrees mentioned above in relation to the De!iverab!es. 3.5 Any Deliverables given to, or prepared or assembled by, CONSULT~2qT or its consultants, if any, under this Contract wil! 030417 sdl 0091233 3 become the property of CITY and wil! not be made available to any individual or organization by CONSULTANT or its consultants, if any, without the prior written approva! o{ the city manager. 3.6 CONSULTANT wil! provide CITY with copies of documents which are a mart of ~h" Deliverables according to Exhibit "A", upon their completion and acceptance by CITY. 3.7 If CITY requests additional copies of any doc~uments which are a part of the De!iverab!es, CONSULTANT wil! provide such additional copies and CITY will compensate CONSULTANT for its duplicating costs. 3.8 CONSULTANT will be responsible for employing or engaging al! persons necessary to execute the Project. Al! consultants of CONSULTANT wil! be deemed to be directly controlled and supervised by CONSULTANT, which wil! be responsible for their performance, if any emp!oyee or consultant of CONSULTANT fails or refuses to carry out the provisions of this Contract or appears to be incompetent or to act in a disorderly or improper manner, the employee or consultant wil! be discharged i~mediate!y from further performance under this Contract on demand of the project manager. 3.9 in the execution of the Project, CONSULTANT and its consultants, if any, will at al! times be considered independent contractors and not agents or emp!oyees of CITY. 3.10 CONSULTANT will perform or obtain or cause to be performed or obtained any and all of the following Additiona! Services, not included under the Basic Services, ~{ so authorized, in writing, by CITY: 3.10.1 Providing services as an expert witness in connection with an’] public hearing or meeting, arbitration proceeding,or proceeding of a court of record; 3.10.2 incurring travel and subsistence expenses for CONSULTANT and its staff beyond those normally required under the Basic Services; 3.10.3 Performing any other Additional Services that may be agreed upon by the parties subsequent to the execution of this Contract; and 3.10.4 Other Additional Services now or hereafter described in Exhibit "A" to this Contract. 3.11 CONSULTANT will be responsible for employing al! consultants deemed necessary to assist CONSULTANT in the performance of the Services. The appointment of consultants must be approved, in advance, by CITY, in writing, and must remain acceptable to CITY during the term of this Contract. 030417 sdl 0091233 4 SECTION 4. DUTIES OF CITY 4.1 CITY wil! furnish or cause to be furnished the services listed in Exhibit "A" and such information regarding its reauirements amm!icabie to the Project as may be reasonab!v requested by CONSULTANT. 4.2 CITY wil! review and approve, as necessary, in a timely manner the De!iverables and each phase of work performed by CONSULTANT. CITY’s estimated time of review and approva! wil! be furnished to CONSULTANT at the time of submission of each phase of work. CONSULTANT acknowledges and understands that the interrelated exchange of information among CITY’s various departments makes it extremely difficult for CITY to firmly establish the time of each review and approva! task. CiTY’s failure to review and approve within the estimated time schedule wil! not constitute a default under this Contract. 4.3 The city manager wil! represent CITY for all purposes under this Contract. The City’s Planning Manager is designated as the project manager for the city manager. The project manager will supervise the performance, progress, and execution of the Project, and wil! be assisted by a City Planner. 4.4 if CITY observes or otherwise becomes aware of any default in the performance of CONSULTANT, CiTY wil! use reasonable efforts <o give written notice thereof to CONSULTANT in a timely manner. SECTION 5.COMPENSATION ~h-a:TT~-T for fol!owing5.1 CITY wil! compensate COboU ....N~c~.e services and work: 5.1.1 in consideration of the ful! performance of the Basic Services, CITY wil! pay CONSULTANT a fee not to exceed Fifty- Two Thousand Three Hundred Two Dollars and 50/100 Dollars ($52,302.50). The amount o{ compensation will be calculated in accordance with the schedule .... set ÷orth in Exhibit "~"~_ , on a per task basis, up to the maximum amount set forth in this Section. The~s{== of the subconsu!tants, who have direct contractua! relationships with CONSULTANT, will be approved, in advance, by C!TY. CITY reserves the right to refuse pavement of such fees, if such prior approva! is not obtained by CONSULTANT. 5.1.2 in consideration o{ the ful! performance of ,, ~. -~ ~- ~reimbursableA~d=~ona! Services, including any au~nor~e~ expenses, CITY wil! pay CONSULTANT a sum not exceed Five Thousand Do]~ ~ ~-. ....._±a:s (@b,000) The amount of CONSULTANT’s compensation Additional Services wil! be calculated in accordance with the hourly rate schedule set forth in Exhibit "B" um to the maximum amount set forth in ....un~ Section ........ prior to commencing such 030417 sdl 0091233 additiona! services, extra work or changes, the parties wil! agree in writing upon an estimated maximum cost for such additiona! services, extra work or changes. CONSULTANT wil! not be paid for additiona! services, extra work or changes, including, without limitation, any design work or change order preparation, which is made necessary on account of CONSULTANT’s errors, omissions, or oversights. 5.1.3 The ful! payment of charges for additiona! services, extra work or changes, in the execution of the Project wil! be made, provided such request for payment is initiated by CONSULTANT and authorized, in writing, by the project manager. Payment wil! be made within thirty (30) days of submission by CONSULTANT of a statement, in triplicate, of itemized costs covering such work or changes, or both. 5.2 The schedule of pa}~ents will be made as follows: 5.2.1 Payment o{ the Basic Services will be made in monthly progress payments in proportion to the quantum of services performed, or in accordance with any other schedule of payment mutual!v agreed umon by the pattie~, as set forth in Exhibit "~" or within thirty (30) days of submission, in triplicate, of such requests i{ a schedule of pa~ent is not specified. Fina! pa~ent wil! be made by CITY after CONSULTANT has submitted al! Deiiverables, including, without limitation, reports which have been approved by the project manager. 5.2.2 Payment of the Additional Services will be made in monthly progress payments for services rendered, within thirty (30) days of submission, in triplicate, of such requests provided the work is approved in writing by the City’s City Manager prior to performing the work. 5.2.3 No deductions will be made from CONSULTANT’s compensation on account of penalties, liquidated damages, or other conur=c~o_ssums withheld by CITY from payments to general ~ ~ ~ r . SECTION 6. ACCOUNTING, AuDitS, OWNERSHIP OF RECORDS 6.1 Records of the direct personnel expenses and expenses incurred in connection with the performance of Basic Services and Additional Services pertaining to the Project will be prepared, maintained, and retained by CONSULTANT in accordance with genera!ly accepted accounting principles and will be made available to CITY for auditing purposes at mutually convenient times during the term of this Contract and for three (3) years fol!owing the expiration or earlier termination of this Contract. 6 2 The orxg2__a-.s o{ the Deliverables prepared by or under the direction of CONSULTANT in the performance of this Contract wil! become the property of CITY irrespective o{ whether 030417 sdl 0091233 6 the Project is completed upon CITY’s payment of the amounts required to be paid to CONSULTANT. These originals wil! be delivered to CiTY without additiona! compensation. CITY wil! have the right to utilize any final and incomplete drawings, estimates, specifications, and any other documents prepared hereunder by CONSULTANT, but CONSULTANT disclaims any responsibility or liability for any alterations or modifications of such documents. SECTION 7. INDEMNITY 7.1 CONSULTANT agrees to protect, indemnify, defend and hold harmless CITY, its Council members, officers, emp!oyees and agents, from any and al! demands, claims, or liability of any nature, including death or injury to any person, property damage or any other loss, caused by or arising out of CONSULTANT’s, its officers;, agents’, consultants’ or emp!oyees’ negligent acts, errors, or omissions, or willful misconduct, or conduct for which applicable law may impose strict liability on CONSULTANT in the performance of or failure to perform its obligations under this Contract. SECTION 8.WAIVERS 8.1 The waiver by either party of any breach or violation of any covenant, term, condition or provision of this Contract or of the provisions of any ordinance or law wil! not be deemed to be a waiver of any such covenant, term, condition, provision, ordinance, or !aw or of any subsequent breach or violation of the same or of any other covenant, term, condition, provision, ordinance or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder wil! not be deemed to be a waiver of any preceding breach or violation by the other party of any covenant, term, condition or provision of this Contract or of any applicable law or ordinance. 8.2 No pa~ent, partial pa~ent, acceptance, or partial acceptance by C!TY wil! operate as a waiver on the part of CITY of any of its rights under this Contract. SECTION 9. IN SUKhNCE 9.1 CONSULTANT, at its sole cost and expense, wil! obtain and maintain, in ful! force and effect during the term of this Contract, the insurance coverage described in Exhibit "C", insuring not only CONSULT~iqT and its consultants, if any, but also, with the exception of workers’ compensation, emp!oyer’s liability and professional liability insurance, naming CITY as an additional insured concerning CONSULTANT’s performance under this Contract. 9.2 All insurance coverage required hereunder wil! be provided through carriers with Best’s Key Rating Guide ratings of A:V!i or higher which are admitted to transact insurance business 030417 sd! 0091233 in the State of California. Any and al! consultants of CONSULTANT retained to perform Services under this Contract will obtain and maintain, in full force and effect during the term of this Contract, identica! insurance coverage, naming CITYas an additional insured under such policies as required above. 9.3 Certificates of such insurance, preferably on the forms provided by CITY, will be filed with CITY concurrently with the execution of this Contract. The certificates wil! be subject to the approva! of CITY’s risk manager and wil! contain an endorsement stating that the insurance is primary coverage and wil! not be canceled or altered by the insurer except after filing with the CiTY’s city clerk thirty (30) days’ prior written notice of such cancellation or alteration, and that the City of Pa!o Alto is named as an additional insured except in policies of workers’ compensation, emp!oyer’s liability, and professional liability insurance. Current certificates of such insurance will be kept on fi!e at al! times during the term of this Contract with the city clerk. 9.4 The procuring of such required policy or policies of insurance will not be consrruea to limit CONSULTANT’s !labil!ty hereunder nor to fulfil! the indemnification provisions of this Contract. Notwithstanding the.. pol{cv:_ _ or policies of insurance, CONSULTANT will be obligated for the ful! and total amount of any damage, injury, or !oss caused by or directly arising as a result of the Services performed under this Contract, including such damage, injury, or !oss arising after the Contract is terminated or the term has expired. SECTION !0. WORKERS’ COMPENSATION !0.! CONSULTANT, by executing this Contract, certifies that it is aware of the provisions of the Labor Code of the State of California which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and certifies that it wil! comply with such provisions, as applicable, before commencing the performance of the Project. SECTION !!. TERMINATION OR SUSPENSION OF CONTRACT OR PROJECT I!.! The city manager may suspend the execution of the Project, in whole or in part, or terminate this Contract, with or without cause, by giving thirty (30) days’ prior written notice thereof to CONSULTANT, or immediately after submission to CITY by CONSULTANT of any completed item of Basic Services. Upon receipt of such notice, CONSULTANT wil! immediately discontinue its performance under this Contract. 030417 sdl 0091233 ]~ 2 CONSuL=AN_ may terminate this Contract or suspend its execution of the Project by giving thirty (30) days’ prior written notice thereof to CITY, but only in the event of a substantia! failure of performance by CiTY or in the event CITY !nae:!n~ue_y withholds or withdraws its remuest for the !n~riar~on or continuation of Basic Services or the execution of the Project. 11.3 Upon such suspension or termination by CITY, CONSULTANT wil! be compensated for the Basic Services and Additional Services performed and De!iverab!es received and approved prior to receipt of written notice from CITY of such suspension or abandonment, together with authorized additional and reimbursable expenses then due. !f the Project is resumed after it has been suspended for more than 180 days, any change in CONSULTANT’s compensation will be subject to renegotiation and, if necessary, a~mroval of CITY’s City Council T{ this Contract is suspended or terminated on account of a default by CONSULTANT, C!TY will be obligated to compensate CONSULTANT on!y for that portion of CONSULTANT’s services which are of direct and i~mediate bene{it to CITY, as such determination may be made by the city manager in the _~ i <c~s of her discretion.reasonam_e eKe_ _ e 11.4 in the event of termination of this Contract or suspension of work on the Project by CITY where CONSULTANT is not in default, CONSuL!.,N= w~77 receive compensation as 11.4.1 For approved items of services, CONSULT~qT will be compensated for each item of service fully performed in the amounts authorized under this Contract. 11.4.2 For approved items of services on which a notice to proceed is issued by CITY, but which are not fully performed, CONSULTANT will be compensated for each item of service in an amount which bears the same ratio to the total fee otherwise payable for the performance of the service as the quantum of service actually rendered bears to the services necessary for the full performance of that item of service. 11.4.3 The total compensation payable under the preceding paragraphs of this Section will not exceed the payment ___se~v_~ to bespecified under Section 5 for the respective items of ~-~= furnished by CONSULTANT. ~_~.5 Upon such ~u~oen~ion~_ ..__ . or termination, CONSUI~TANT wil! deliver to the city manager immediately any and all copies the De!iverab!es, whether or not completed, prepared by CONSULTANT or {~s ~= ~~{any,or given to CONSULTANT or it~__consu±uanus,__- consultants,if any,in connection with this Contract. Such materials will become the property of CITY. !!.6 The failure of CITY to agree with CONSULTANT’s ~ nHm~nS~n9 {fi ndfi ngs, conc~ usions, or recormmenaau!ons, ~ ~ rne same 030417 sdl 0091233 are called for under this Contract, on the basis of differences in matters of judgment, wil! not be construed as a failure on the part of CONSULTANT to fulfil! its obligations under this Contract. SECTION 12. ASSIGNMENT 12.1 This Contract is for the personal services of CONSULTANT, therefore, CONSULTANT wil! not assign, transfer, convey, or otherwise dispose of this Contract or any right, title or interest in or to the same or any part thereof without the prior written consent of CITY. A consent Zo one assignment wil! not be deemed to be a consent to any subsequent assignment. Any assignment made without the approva! of CITY wil! be void and, at the option of the city manager, this Contract may be terminated. This Contract will not be assignable by operation of law. SECTYON ~ NOTICES 13.1 Al! notices hereunder wi!! be given, in writing, and mailed, postage prepaid, by certified mail, addressed as follows: To CITY:Office of the City Clerk City of Pa!o Alto Post Office Box 10250 Pa!o Alto, CA 94303 To CONSULTANT: Attention of the project director at the address of CONSULTANT recited above SECTION 14. CONFLICT OF INTEREST 14.1 in accepting this Contract, CONSULTANT covenants that it presently has no interest, and wil! not acquire any interest, direct or indirect, financia! or otherwise, which would conflict in any manner or degree with the performance of the Services. 14.2 CONSULTANT further covenants that, in the performance of this Contract, it will not emp!oy contractors or persons having such an interest mentioned above. CONSULTANT certifies that no one who has or wil! have any financial interest under this Contract is an officer or emp!oyee of CITY; this provision wil! be interpreted in accordance with the applicable provisions of the Pa!o Alto Municipa! Code and the Government Code of the State of California. SECTION 15. NONDISCRIMINATION 15.1 As set forth in the Pa!o Alto Municipa! Code, no discrimination wil! be made in the empio}~ent of persons under this Contract because of the age, race, co!or, national origin, 030417 sdl 0091233 !0 ancestry, religion, disability, sexual preference or gender of such person, if the value of this Contract is, or may be, five thousand dollars ($5,000) or more, CONSULTANT agrees to meet all requirements of the Pa!o Alto Municipal Code pertaining to nondiscrimination in emp!oy~ent, including completing the requisite form furnished by CITY and set forth in Exhibit "D" 15.2 CONSULTANT agrees that each contract for services from independent providers will contain a provision substantially as ~o!±ows: "[Name of Provider] wil! provide CONSULTANT with a certificate stating that [Name of Provider] is currently in compliance with all Federal and State of California laws covering nondiscrimination in employment; and that [Name of Provider] wi!l not discriminate in the emp!oyment of any person under this contract because of the age, race, co!or, nationa! origin, ancestry, religion, disability, sexual preference or gender of such person." 15.3 if CONSULTANT is found in violation of the nondiscrimination provisions of the State of California Fair Emp!oyment Practices Act or similar provisions of Federa! law or executive order in the performance of this Contract, it wil! be in default or ~n=s Contract. Thereupon, CTTY wi~ have the ~ower to cancel or suspend this Contract, in whole or in part, or to deduct the sum of twenty-five do~]ars .... (S25) for each ~ m~rson .... for each calendar day during which such ~erson was subj discrimination, as damages for breach of contract, or both. Only .......C==±fornia Fair mm~oyment Practicesa f~nd~ng of the State of ~ Co,mission or =h~..~ equiva!en< federal agency or o{f{cer .....will constitute evidence of a breach of this Contract. SECTION 16.MISCELLANEOUS PROVISIONS 16.1 CONSULTANT represents and warrants that it has knowledge of the requirements of the federal ~_mericans with Disabilities Act of 1990, and the Government Code and the Health and Safety Code of the State of California, relating to access to public buildings and accommodations for disabled persons, and relating to facilities for disabled persons. CONSULTANT wil! comply with or ensure by its advice that compliance with such provisions will be effected pursuant to the terms of this Contract. 16.2 Upon the agreement of the parties, any controversy or claim arising out of or relating to this Contract may be settled by arbitration in accordance with the Rules of the ~_merican Arbitration Association, and judgment upon the award rendered by the Arbitrators may be entered in any court having jurisdiction thereof. 030417 sdl 0091233 !! 16.3 This Con~_~cu will be governed by the laws of the State of California, excluding its conflicts of law. 16.4 in the event that an action is brought, the parties agree that trial of such action will be vested exclusively in the state courts of California or in the United States District Court for the Northern District of California in the County of Santa Clara, State of California. 16.5 The prevailing party in any action brought to enforce the terms of this Contract or arising out of this Contract may recover its reasonable costs and attorneys’ fees expended in connection with that action. 16.6 This document represents the entire and integrated Contract meuw~n the ~arties 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 ~arties. 16.7 All provisions of this Contract, whether covenants or conditions, wi!l be deemed to be ~o~._ covenants and conditions 16.8 The covenants, terms, conditions and provisions of this Contract will apply to, and wil! bind, the heirs, successors, executors, a6ministrators, assignees, and consultants, as the case may be, of the parties. 16.9 !f a court of competent jurisdiction finds or rules that any provision of this Contract or any amendment thereto is void or unenforceable, the unaffected provisions of this Contract and any amendments thereto will remain in full force and effect. 16.10 Al! exhibits referred to in this Contract and any addenda, appendices, attachments, and schedules which, from time to time, may be referred to in any duly executed amen6ment hereto are by such reference incorporated in this Contract and will be deemed to be a part of this Contract. 16.11 This Contract may be executed in any number of counterparts, each o{ which will be an origina!, but al! of which together will constitute one and the same instrument. 16.12 This Contract is subject to the fiscal provisions of the Charter of the City of Pa!o Alto and the Pa!o Alto Hunicipa! Code. This Contract 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 16.!2 wi!l take precedence in the event of 030417 sdl 009t-33 12 a conflict with any other covenant, term, condition, or provision of this Contract. IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Contract on the date first above written. ATTEST: CITY OF PALO ALTO City Clerk APPROVED AS TO FOKM: Mayor URBSWORKS, INC. Assistant City Manager By: Name: Title: Senior Asst. City Attorney Director of m]ann{nm and C o.~tmuni t y Environment By: Name" lille: Taxpayer i.D. No. 91-1826699 D~__rector of Administrati_v~-= Services insurance Review ., .o~Lp±~:~c= ...... ~ ~ § 313 ~ ~ required if the =~:{tv_ on whose behai~ <his conrrac: is signed is a corpora:ion. in the alternative, a cerzified corpora:e reso!uZion a~tes~ing to <he signatory authority of the individuals signing in r~=~ <=~m=~z~v= camacities is acce~tab!e] Attachments: EXHIBIT "A": EXHIBIT "B": EXHIBIT "C": EXHIBIT "D": SCOPE OF PROJECT, TIME SCHEDULE&TASK BUDGET ADDITIONAL ?&TE SCHEDULE INSUKhNCE NONDISCRIMINATION COMPLIANCE FORM 030417 sdl 0091233 13 CERTIFICATE OF ACKNOWLEDGMENT (Civi! Code § 1189) STATE OF COUNTY OF SS. On , 2003, before me, the undersigned, a Notary Public in and for said County and State, personally appeared, personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he!she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official sea!. S~gna<ure of Notary Pub~ ’ 030417 sdl 0091233 CERTIFICATE OF ACKNOWLEDGMENT (Civi! Code 9 1189) STATE OF COUNTY OF SS. -~ dOn, 2003, before me, the unde:s_gne , a Notary Public in and for said County and State, personally appeared, personally known to me or proved to me on the basis of satisfacnory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument/s..e/they executed the same inand acknowledged to me that he’ h _-- his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. W<T~,~=qq my hand and officia! seal. Signature of Notary Public 030417 sdl 0091233 15 EXHIBIT, A CITY OF PALO ALTO ZONING ORDINANCE UPDATE URBAN DESIGN CONSULTANT SERVICES PHASE 2 DRAFT SCOPE OF WORK- March 19, 2003 Task 1: Issues Overview Preparation of fourteen Issues Overview sheets. Each 2-page sheet will focus on a topic raised by Planning Commissioners, Councilmembers, Architectural Review Board members, staff, and community members which warrants further analysis. For each topic, three policy positions will be presented: (1) middle/recommended, (2) less involved, (3) more involved. Topics to be A. B. C. D. E. F. G. H. I. J. K. L. M. N. reviewed to include: Transit-oriented development -issues and definitions Village Residential- issues and definitions Solar design issues Sustainability/"green building" issues Usable open space FAR calculation methodology Parking design options Fire and Building codes Front yard setbacks/build-to lines? Pedestrian/vehicle connectivity standards Relationship to surrounding context View corridors Open space/context sensitive open space Stormwater issues: impervious/porous surfaces & concepts Task 1 Meetinqs o 1 Planning & Transportation (P&TC) meeting with staff meeting beforehand o 1 Architectural Review Board (ARB) meeting o 1 Design & Environmental Committee meeting Task 1 Budqet Van Meter Williams Pollack Urbsworks TASK 1 TOTAL $9,075.00 $7,775.00 $16,850.00 Task 2: Sample Code Format and Application Development of sample code format, including mock-up of all text, diagrams, and illustrations of a typical Zoning Code section (RM-15 suggested). Will demonstrate how form-based coding and prototypes will be integrated into updated Zoning Ordinance format, and recommend how Code will be administered. The sample format will be reviewed by the Palo Alto City Attorney’s office and modified as needed. The final product will provide the draft structure to be used in all zoning sections. Task 2 Meetinqs o 1 Planning & Transportation (P&TC) meeting with staff meeting beforehand o 1 Architectural Review Board (ARB) meeting o 1 Design & Environmental Committee meeting Task 2 Budqet Van Meter Williams Pollack Urbsworks TASK 2 T©TAL $5,975.00 $4,73O.OO $10,705.00 Task 3: Prototypes Tour VMWP and UW will lead in a survey of relevant existing building prototypes that may inform development of new appropriate prototypes. The survey will include five examples of buildings in Palo Alto (either historical or contemporary) that are considered desirable, and five contemporary examples of desirable building types from comparable area cities such as Mountain View, Burlingame, Los Gatos, and Redwood City. Each prototype will be diagrammed in a sketch style similar to the prototypes developed for the rest of the project and accompanied with photographs and statistical information. Examples of building types that may be surveyed include: Palo Alto Examples Courtyard apartments Bungalow court Downtown high-density apartment house Mixed Use Small-lot single family Second units Contemporary Area Examples Tuck-under rowhouse Podium rowhouse Podium apartment Mixed Use Small-lot single family Transit-Oriented Development Task 3 Budqet Van Meter Williams Pollack Urbsworks TASK 3 TOTAL $2,227.50 $2,300.00 $4,527.50 Task 4: Focus Groups Presentation of study materials, visuals, and graphics to community focus groups. Total of four (4) focus groups, consisting of: (1) Multifamily and Village Residential Design (March) (2) Mixed Use Standards and Design (April) (3) Transit-Oriented Design (April) (4) Planned Oommunity (PO) Zoning (June) Task 4 Budqet Van Meter Williams Pollack Urbsworks TASK 4 T©TAL $4,960.00 $3,220.O0 $8,180.00 Task 5: Development and Testing of New Zoning Criteria Development and ’"~esting" of new zoning criteria and design prototypes to incorporate in the Zoning Ordinance to provide for effective implementation of multi-family, commercial, mixed-use, village residential, transit-oriented development, live-work, and second unit/in-law types. Specific tasks will include drafting new zoning criteria for all applicable March 19, 2003 Page 2 zones, testing proposed zoning criteria through scenarios for both hypothetical and real sites, and refinement and re-testing of zoning criteria and prototypes as needed. Different prototypes for "base," "less intensive" and "more intensive" will be developed, as appropriate: More IntensiveLess Intensive Prototype (Transit-Repaired Base PrototypeScenarioPrototype("Village")Oriented, Downtown, Node) RM-15 t 2 Village Residential Alternates* RM-30 Mixed Use, Small Lot (6,500 sq ft)* Mixed Use, Large Lot /12,000 s~ ft)* Mixed Use, Multiacre Site" Live/Work* Second-Unit!tnlaw Commercial, Small Lot (6,500 sq ft) tCommercial, Large Lot (12,000 sq ft) Light Industrial tW ild Card (extra prototype to be determined)* 30 TOTAL PROTOTYPES 2 1 t 1 2 (detached and attached) 1 1 3 16 1 2 (cottage cluster, courtyard apt) 1 1 1 1 Indicates scenarios that can be applied to Housing Sites Inventory sites 1 1 1 1 1 1 Task 5 Meetinqs o 3 Planning & Transportation (P&TC) meetings with staff meeting beforehand ~1 Architectural Review Board (ARB) meeting ~1 City Council Meeting with staff meeting beforehand ~4 Design & Environmental Committee meetings Task 5 Budqet Van Meter Williams Pollack U rbsworks TASK 5 TOTAL $28,805.00 $20,667.50 $49,472.5O Task 6: Zoning Ordinance Modifications Recommendations Recommendations for modifications to Zoning Ordinance standards, including design prototypes. Specific tasks to include: (1) implementation options such as transit overlays, area plans, and corridor plans; (2) graphic/visual representations of key design concepts to demonstrate the constraints and opportunities identified in Task 1; (3) revision of design prototypes to ultimately be used in the Zoning Ordinance. March 19, 2003 Page 3 Task 6 Meetinqs o 2 Planning & Transportation (P&TC) meeting with staff meeting beforehand e 1 Architectural Review.Board (ARB) meeting o 1 City Council Meeting with staff meeting beforehand o 3 Design & Environmental Committee meeting Task 6 Budqet Van Meter Williams Pollack Urbsworks TASK 4 TOTAL $14,760.00 $12,690.00 $27,450.00 Task 7: Coordination with other consultants and committees Coordination and review of work by Economic and Parking consultants, and review committees, as required. Task 7 Budqet Van Meter Williams Pollack Urbsworks TASK 7 TOTAL $1,820.00 $ 920.00 $2,740.00 TOTAL PHASE 2 BASE BUDGET Van Meter Williams Pollack $ 67,622.50 Urbsworks $ 52.302.50 TOTAL $119,925.00 ADDENDUM General Contingency: Unanticipated meetings or other tasks, as directed by the Chief Planning Official. Van Meter Williams Pollack $ 5,000.00 Urbsworks $ 5,000.00 GENERAL CONTINGENCY TOTAL $10,000.00 Additional Work will be billed pursuant to the attached rate schedule, plus direct expenses. TOTAL BASE BUDGET + CONTINGENCY Van Meter Williams Pollack $ 72,622.50 Urbsworks $ 57.302.50 GRAND TOTAL $129,925.00 March 19, 2003 Page 4 EXHIBIT B PALO ALTO ZONING ORDINANCE UPDATE EXHIBIT B FEE SCHEDULE FOR ADDITIONAL SERVICES (2003-04) Fees Project principal, Marcy Mclnelly, AIA ............................$115.00 hour Project principal, Joseph Readdy, AIA ...................................................................................................$115.00 hour Project planner, Steve Olson ..........................................................................................................$60.00 hour Reimbursables Reimbursable Expenses Office expenses Copies, b & w ................................................................................................................................$ .10/pg Copies, color .................................................................................................................................$ .50/pg Copies, b &w, 11 x 17 ..................................................................................................................$1.00/pg Copies, color, 11 x 17 ...................................................................................................................$2.00/pg Faxes .............................................................................................................................................$1.00/pg Oversize prints, enlargements and reductions ............................................................................$ .85/sq ft Other expenses will be billed at 1.2 times direct cost Automobile travel will be billed @ $0.36 per mile; Air, train and taxi travel and lodging will be billed at direct cost at city’s rates and according to City limitations. Page 1 of 1 URBSWORK5, INC. :3 3845 SW CONDOR AVENUE, PORTLAND, OREGON 97201 PH: 503,827,4155 :~ FX: 503.827.3641 3 EMAIL: urbswrks@teleport.com CONTRACT NO. BETWEEN THE CITY OF PALO ALTO A~u VAN METER WILLIAMS POLLACK FOR CONSULTING SERVICES FOR PHASE II OF THE ZONING ORDINANCE UPDATE ATTACHMENT B This Contract No.is entered into , by and between the C!TY OF PALO ALTO, a chartered city and a municipal corporation of the State of California ("CITY"), and VAN _ ~_~S~METER WiLLiPiJS POLLACK, LLP, !ocated at ]8 DeBoom Street, ~- ~Floor, San Francisco, CA 94107 ("CONSULTANT"). RECITALS: WHEREAS, CiTY desires certain professional consulting services relating to Phase ii of the Zoning Ordinance Update ("Services") and the preparation and delivery oT, w~_~ou~ limitation, one or more sets of documents, drawings, maps, plans, designs, data, calculations, surveys, specifications, schedules or other writings ("Deliverab!es") (Services and De±iver=m!e~ are, __ ~{- -~ the "Project") as more fully described in Exhibitco] lecu_ve]v, .. -, "A" ; and WH~m~c C!TY desires to engage CONSULTANT, including its employees, if any, in providing the Services by reason of its qualifications and experience in performing the Services, and CONSULTANT has offered to complete the Project on the terms and in the manner set forth herein; THERmFORE in ideration of the covenants, +-~NOW, ......,cons ~:m~, D~_u=~s agree:conditions and _r --~ :of this Contract the ~r=~=,D_ov=s±ons , -.~ SECTION !. TERM !.! This Contract will commence on the date o{ its execution by CITY, and wil! terminate upon the completion of the Project, unless this Contract is earlier terminated by CITY. Upon the receipt o{ CITY’s notice to proceed, CONSULTANT wil! commence work on the initia! and subsequent Project tasks in accordance with the time schedule set forth in Exhibit "A". Time is of the essenceo{ this Contract. in the event that the Project is not completed within the time required through any fault of CONSULTANT, CiTY’s city manager will have the option of extending the time scneeu=~ for any period of time. This provision wil! not preclude =he recovery of damages for delay caused by CONSULTANT. 030417 sdl 0091234 SECTION 2.SCOPE OF PROJECT; CHANGES & CORRECTIONS 2.1 The scope of Services and Deliverables constituting the Project wil! be performed, delivered or executed by CONSULTANT in coordination with Urbsworks, inc. under the phases of the Basic Services as described be!ow. 2.2 CiTY may order substantial changes in the scope or character of the Basic Services, the Deiiverab!es, or the Project, either decreasing or increasing the amount of work required of CONSULTANT. in the event that such changes are ordered, subject to the approval of CITY’s City Counci!, as may be required, CONSULTANT will be entitled to ful! compensation for all work performed prior to CONSULTANT’s receipt of the notice of change and further wil! be entitled to an extension of the time schedule. Any increase in compensation for substantial changes wil! be determined in accordance with the provisions of this Contract. CITY wil! not be liable for the cost or payment of any change in work, unless the amount of additional compensation attributable to the change in work is agreed to, in writing, by CITY before CONSULTANT commences the performance of any such change in work. 2.3 Where the Project entails the drafting and submission of De!iverables, for example, construction plans, drawings, and specifications, any and a!! errors, omissions, or ambiguities in the De!iverab!es, which are discovered by CITY before invitations to bid on a construction project (for which the De!iverab!es are required) are distributed by CITY, will be corrected by CONSULTANT at no cost to CITY, provided CITY gives notice to CONSULTANT. 2.4 Any and all errors, omissions, or ambiguities in the De!iverab!es, which are discovered by CITY after the construction contract is awarded by CITY, wil! be performed by CONSULTANT, as fol!ows: (a) at no cost to CiTY insofar as those Services, including the Basic Services or the Additiona! Services, as described be!ow, or both, will result in minor or nonbeneficia! changes in the construction work required of the construction contractor; or (b) at CITY’s cost insofar as those Services, including the Basic Services or the Additiona! Services, or both, wil! add a direct and substantial benefit to the construction work required of the construction contractor. The project manager in the reasonable exercise of his or her discretion wil! determine whether the Basic Services or the Additiona! Services, or both, wil! contribute minor or substantia! benefit to the construction work. SECTION 3. CONSULTANT QUALIFICATIONS, STATUS, AND DUTIES OF 3.1 CONSULTANT represents and warrants that together with Urbsworks, inc. it has the expertise and professiona! 030417 sdl 0091234 qualifications to furnish or cause to be furnished the Services and De!iverab!es. CONSULTANT further represents and warrants that the project director and every individual, including any consultant (or contractors), charged with the performance of the Services are duly licensed or certified by the State of California, to the extent such licensing or certification is required by law to perform the Services, and that the Project will be executed by them or under their supervision. CONSULTANT will furnish to CITY for approva!, prior to execution of this Contract, a list of all individuals and the names of their employers or principals to be emp!oyed as consultants. 3.2 in reliance on the representations and warranties set forth in this Contract, CITY hires CONSULTANT to execute, and CONSULTANT covenants and agrees that it will execute or cause to be executed, the Project. 3.3 CONSULTANT will assign RICK W!LLi:~_MS as ~ne project director and project coordinator to have supervisory responsibility for the performance, progress, and execution of the Project and wil! represent CONSULTANT during the day-to-day work on the Project. if circumstances or conditions subsequent to the execution of this Contract cause the substitution of the project director or project coordinator for any reason, the appointment of a substitute project director or substitute project coordinator will be subject to the prior written approval of the project manager. 3.4 CONSULTANT represents and warrants that it wil!: 3.4.1 Procure al! permits and licenses, pay al! charges and fees, and give al! notices which may be necessary and incident to the due and lawfu! prosecution of the Project; 3.4.2 Keep itself fully informed of all existing and future Federal, State of California, and !oca! laws, ordinances, regulations, orders, and decrees which may affect those engaged or employed under this Contract and any materials use@ in CONSULTANT’s performance of the Services; 3.4.3 At all times observe and comply with, and cause its emp!oyees and consultants, if any, who are assigned to the performance of this Contract to observe and comply with, the laws, ordinances, regulations, orders and decrees mentioned above; and 3.4.4 Will report i~mediate!y to the project manager, in writing, any discrepancy or inconsistency it discovers in the men~!on~@ abovelaws, ordinances, regulations, orders, and decrees ~’ ~’ in relation to the De!iverab!es. 3.5 Any De!iverab!es given to, or prepared or assembled by, CONSULTANT or its consultants, if any, under this Contract will 030417 sdl 0091234 become the property of CITY and wil! not be made available to any individua! or organization by CONSULTANT or its consultants, if any, without the prior written approva! of the city manager. 3.6 CONSULTANT will provide CITY with copies of documents which are a part of the De!iverab!es according to Exhibit "A", upon their completion and acceptance by CITY. 3.7 if CITY requests additional copies of any documents which are a part of the Deiiverab!es, CONSULTANT will provide such additional copies and CITY will compensate CONSULTANT for 2ts duplicating costs. 3.8 CONSULTANT will be responsible for employing or engaging all persons necessary to execute the Project. A!l consultants of CONSULTANT wil! be deemed to be directly controlled and supervised by CONSULTANT, which wil! be responsible for their performance. If any employee or consultant of CONSULTANT fails or refuses to carry out the provisions of this Contract or appears to be incompetent or to act in a disorderly or improper manner, the employee or consultant wil! be discharged i.mmediate!y from further performance under this Contract on demand of the project manager. 3.9 in the execution of the Project, CONSULTANT and its consultants, if any, wil! at al! times be considered independent contractors and not agents or employees of CITY. 3.10 CONSULTANT will perform or obtain or cause to be performed or obtained any and all of the following Additional Services, not included under the Basic Services, if so authorized, in writing, by CITY: 3.10.1 Providing services as an expert witness in connection with any public hearing or meeting, arbitration proceeding,or proceeding of a court of record; 3.10.2 incurring travel and subsistence expenses for CONSULTANT and its staff beyond those normally required under the Basic Services; 3.10.3 Performing any other Additional Services that may be agreed upon by the parties subsequent to the execution of this Contract; and 3.10.4 Other Additional Services now or hereafter described in Exhibit "A" to this Contract. 3.11 CONSULTANT will be responsible for employing all consultants deemed necessary to assist CONSULTANT in the performance of the Services. The appointment of consultants must be approved, in advance, by CITY, in writing, and must remain acceptable to CITY during the term of this Contract. 030417 sdl 0091234 SECTION 4. DUTIES OF CITY 4.1 CITY will furnish or cause to be furnished the services listed in Exhibit "A" and such information regarding its requirements applicable to the Project as may be reasonably requested by CONSULTANT. 4.2 CITY will review and approve, as necessary, in a timely manner the Deliverab!es and each phase of work performed by CONSULTANT. CITY’s estimated time of review and approval will be furnished to CONSULTANT at the time of submission of each phase of work. CONSULTANT acknowledges and understands that the interrelated exchange of information among CiTY’s various departments makes it extremely difficult for CITY to firmly establish the time of each review and approya! task. CITY’s failure ro review and approve within the estimated time schedule will not constitute a default under this Contract. 4.3 The city manager wil! represent CITY for ai! purposes under this Contract. The City’s Planning Manager is designated as the project manager for the city manager. The project manager will supervise the performance, progress, and execution of the Project, and will be assisted by a City Planner. 4.4 if CiTY observes or otherwise becomes aware of any default in the performance of CONSULTANT, CiTY will use reasonable efforts to give written no<ice thereof to CONSULTANT in a timely manner. SECTION 5. COMPENSATION 5.1 CITY will compensate CONSULTANT for the following services and work: 5.1.1 in consideration of the ful! performance of the Basic Services, including any authorized reimbursable expenses, C!TY wil! pay CONSULTANT a fee not to exceed Sixty-Seven Thousand Six Hundred Twenty-Two and 50/100 Dollars ($67,622.50), calculated in accordance with the task rate schedule set forth in Exhibit "A", on a per task basis, up to the maximum amount set forth in this Section. The fees of the subconsu!tants, who have direc< contractual re!ationshims with CONSULTANT, will be approved, in advance, by CITY. CITY reserves the right to refuse payment of such fees, if such prior approval is not obtained by CONSULTANT. 5.1.2 in consideration of the ful! performance of Additional Services, including any authorized reimbursable expenses, City will may CONSULTANT a sum not to exceed Five Thousand Dollars ($5,000). The amount of CONSULTANT’s compensation for Additiona! Services will be calculated in accordance with the 030417 sdl 0091234 hourly rate schedule set forth in Exhibit "B", up to the maximum amount set forth in this Section. Prior to commencing such additional services, extra work or changes, the parties will agree in writing upon an estimated maximum cost for such additional services, extra work or changes. CONSULTANT wil! not be paid for additiona! services, extra work or changes, including, without limitation, any design work or change order preparation, which is made necessary on account of CONSULTANT’s errors, omissions, or oversights. 5.1.3 The ful! pa}~ent of charges for additiona! services, extra work or changes, in the execution of the Project will be made, provided such request for ~a\~ent is initiated by CONSULTANT and authorized, in writing, by the project manager. Payment will be made within thirty (30) days of submission by CONSULTANT of a statement, in triplicate, of itemized costs covering such work or changes, or both. 5.2 The schedule of payments wil! be made as follows: 5.2.1 Payment of the Basic Services will be made in monthly progress ma’~ents in proportion to the quantum of services performed, or in accordance with any other schedule of payment mutually agreed upon by the parties, as set forth in Exhibit "B", or within thirty (30) days of submission, in triplicate, of such requests if a schedule of payment is not specified. Fina! payment will be made by CITY after CONSULTANT has submitted al! De!iverab!es, including, without limitation, reports which have been approved by the project manager. 5.2.2 Payment of the Additional Services will be made in monthly progress payments for services rendered, within thirty (30) days of submission, in triplicate, of such requests provided the work is approved in writing by the City’s City Manager prior to performing the work. 5.2.3 No deductions will be made from cONSULTANT’s compensation on account of penalties, liquidated damages, or other sums withheld by CITY from payments to genera! contractors. SECTION 6. ACCOUNTING, AUDITS, OWNERSHIP OF RECORDS 6.1 Records of the direct personnel expenses and expenses incurred in connection with the performance of Basic Services and Additiona! Services pertaining to the Project will be prepared, maintained, and retained by CONSULTANT in accordance with generally accepted accounting principles and will be made available to CITY for auditing purposes at mutually convenient times during the term of this Contract and for three (3) years following the expiration or earlier termination of this Contract. 030417 sdl 0091234 6 6.2 The originals of the Deliverables prepared by or under ~h~..e direction of CONSULTANT ..... in the performance of this Contract wil! become the property of CITY irrespective of whether the Project is completed upon CITY’s payment of the amounts required to be paid to CONSULTANT. These originals wil! be delivered to CITY without additional compensation. CITY will blare the right to utilize any fina! and incomplete drawings, estimates, specifications, and any other documents prepared hereunder by CONSULTANT, but CONSULTANT disclaims any responsibility or liability for any alterations or modifications of such documents. SECTION 7. INDEMNITY 7.1 CONSULTANT agrees to protect, .indemnify, defend and hold harmless CITY, its Counci! me.mbers, officers, emp!oyees and agents, from any and al! demands, claims, or liability of any nature, including death or injury to any person, property damage or any other !oss, caused by or arising out of CONSULTANT’s, its officers;, agents’, consultants’ or employees’ negligent acts, errors, or omissions, or wi!lful misconduct, or conduct for which applicable law may impose strict liability on CONSULTANT in the performance of or failure to perform its obligations under this Contract. SECTION 8.WAIVERS 8.1 The waiver by either party of any breach or violation of any covenant, term, condition or provision of this Contract or of the provisions of any ordinance or law wil! not be deemed to be a waiver of any such covenant, term, condition, provision, ordinance, or !aw or of any subsequent breach or violation of the same or of any other covenant, term, condition, provision, ordinance or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder wil! not be deemed to be a waiver of any preceding breach or violation by the other party of any covenant, term, condition or provision of this Contract or of any applicable law or ordinance. 8.2 No pa~ent, partial pa~.~nent, acceptance, or martial accemtance by CITY -.i7~ operate as a waiver on the part of C!TY of any of its rights under this Contract. SECTION 9. iNSU~NCE 9.1 CONSULTANT, at its sole cost and expense, will obtain and maintain, in ful! force and effect during the term of this Contract, the insurance coverage described in Exhibit ’~C", insuring not only CONSULTANT and its consultants, if any, but also, with the exception of workers’ compensation, employer’s liability and professional liability insurance, naming CITY as an additiona! insured concerning CONSULTANT’s performance under this Contract. 030417 sdl 0091234 9.2 Al! insurance coverage required hereunder will be provided through carriers with Best’s Key Rating Guide ratings of A:VII or higher which are admitted to transact insurance business in the State of California. Any and al! consultants of CONSULTANT retained to perform Services under this Contract will obtain and maintain, in ful! force and effect during the term of this Contract, identica! insurance coverage, naming CITY as an additional insured under such policies as required above. 9.3 Certificates of such insurance, preferably on the forms provided by CITY, will be filed with CITY concurrently with the execution of this Contract. The certificates wil! be subject to the approval of CITY’s risk manager and will contain an endorsement stating that the insurance is primary coverage and wil! not be canceled or altered by the insurer except after filing with the CITY’s city clerk thirty (30) days’ prior written notice of such cancellation or alteration, and that the City of Pa!o Alto is named as an additional insured except in policies of workers’ compensation, emp!oyer’s liability, and professiona! liability insurance. Current certificates of such insurance wil! be kept on fi7e at al! times during the term of this Contract with the city clerk. 9.4 The procuring of such required policy or policies of insurance will not be construed to limit CONSULTANT’s liability hereunder nor to fulfil! the indemnification provisions of this Contract. Notwithstanding the policy or policies of insurance, CONSULTANT will be obligated for the ful! and tota! amount of any damage, injury, or !oss caused by or directly arising as a result of the Services performed under this Contract, including such damage, injury, or loss arising after the Contract is terminated or the term has expired. SECTION !0. WORKERS’ COMPENSATION !0.! CONSULTANT, by executing this Contract, certifies that it is aware of the provisions of the Labor Code of the State of California which require every emp!oyer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and certifies that it wi!l comply with such provisions, as applicable, before commencing the performance of the Project. PROJECT SECTION !!. TERMINATION OR SUSPENSION OF CONTKhCT OR !I.! The city manager may suspend the execution of the Project, in whole or in part, or terminate this Contract, with or without cause, by giving thirty (30) days’ prior written notice ~hereof to CONSULTANT, or immediately after submission to CITY by CONSULTANT of any completed item of Basic Services. Upon receipt 030417 sdl 0091234 of such notice, CONSULTANT Will performance under this Contract. i__,mmediately discontinue its 11.2 CONSULTANT may terminate this Contract or suspend ~s execution of the Project by giving thirty (30) days’ prior written notice thereof to CITY, but only in the event of a substantial failure of performance by CITY or in the event CITY --’~’_u._e in!EiaE!onindefinitely w2~nho!@s or withdraws its request for or continuation of Basic Services or the execution of the Project. !!.3 Upon such suspension or termination by CITY, CONSULTANT wil! be compensated for the Basic Services and Additional Services performed and De!iverabies received and approved prior to receipt of written notice from CITY of such suspension or abandonment, together with authorized additional and rei~ursab!e expenses then due. if the Project is resmmed after it has been suspended for more than 180 days, any change in CONSULTANT’s compensation will be subject to renegotiation and, if necessary, approva! of CiTY’s City Counci!. if this Contract is suspended or terminated on account of a default b~ CONSULTANT, w±!_, ~ obligated to compensate CONSULTANT only for that ~ortion CONSULTANT’s services which are of direct and iKtmediate ’men~:_,~--’~’: to CITY, as such determination may be made by the city manager in the reasonable exercise of her discretion. 11.4 in the event of termination of this Contract or suspension of work on the Project by CITY where CONSULTANT is not in default, CONSULTANT will receive compensation as follows: 11.4.1 For approved items of services, CONSUL:~T will be compensated for each item of service fully performed in the amounts authorized under this Contract. 11.4.2 For approved items of services on which a notice to proceed is issued by C!TY, but which are not fully performed, CONSULTANT will be compensated for each item o{ service in an amou..~ which bears the same ratio to the total fee otherwise payable for the performance of the service as the quantum of service actually rendered bears to the services necessary for the ful! p.m~{~rmmnpm Of that item of service 11.4.3 The total compen<a~ion payable under the preceding paragraphs of this Section will not exceed ~..e payment spec±~:e@ under Section 5 for the respective {tem~ of service <o be furnished by CONSULTANT. 11.5 Upon such suspension or termination, CONSULTANT wil! deliver to ~n< city manager immediately any and al~ comies of the De!iverab!es, whether or not completed, prepared by CONSULTANT or its consultants, ~ an,~ or given to CONSULTANT or its consultants, i{ any, in connection with this Contract.Such materials will become the property of CITY. 030417 sdl 0091.~34 9 11.6 The failure of CITY to agree with CONSULTANT’s independent findings, conclusions, or recom_mendations, if the same are called for under this Contract, on the basis of differences in matters of judgment, will not be construed as a failure on the part of CONSULTANT to fulfil! its obligations under this Contract. SECTION 12.ASSIGNMENT 12.1 This Contract is for the personal services of CONSULTANT, therefore, CONSULTANT wil! not assign, transfer, convey, or otherwise dispose of this Contract or any right, title or interest in or to the same or any part thereof without the prior written consent of CITY. A consent to one assignment wil! not be deemed to be a consent to any subsequent assignment. Any assignment made without the approval of CiTY wil! be void and, at the option of the city manager, this Contract may be terminated. This Contract wil! not be~assignab!e by operation of law. SECTION 13. ~iOT ±C.~S 13.1 Al! notices hereunder will be given, in writing, and mailed, postage prepaid, by certified mail, addressed as fol!ows: To CITY:Office of the City Clerk City of Pa!o Alto Post Office Box 10250 Pa!o Alto, CA 94303 To CONSULTANT: Attention of the project director at the address of CONSULTANT recited above SECTION 14. CONFLICT OF INTEREST 14.1 in accepting this Contract, CONSULTANT covenants that it presently has no interest, and wil! not acquire any interest, direct or indirect, financia! or otherwise, which would conflict in any manner or degree with the performance of the Services. 14.2 CONSULTANT further covenants that, in the performance of this Contract, it wil! not emp!oy contractors or persons having such an interest mentioned above. CONSULTANT certifies that no one who has or wil! have any financia! interest under this Contract is an officer or emp!oyee of CITY; this provision wil! be interpreted in accordance with the applicable provisions of the Pa!o Alto Municipal Code and the Government Code of the State of California: 030417 sdl 0091234 !0 SECTION 15. NONDISCRIMINATION 15.1 As set forth in the Palo Alto Municipal Code, no discrimination will be made in the emp!oi~ment of persons under this Contract because of the age, race, color, national origin, ancestry, religion, disability, sexual preference or gender of such person, if the value of this Contract is, or may be, five thousand dollars ($5,000) or more, CONSULTANT agrees to meet al! requirements of the Pa!o Alto. Municipal Code pertaining to nondiscrimination in emp!oy~.ent, including completing the requisite form furnished by CITY and set forth in Exhibit "D" 15.2 CONSULTANT agrees that each contract for services from independent providers will contain a provision substantially as follows: "[Name of Provider] will provide CONSULTANT with a certificate stating that [Name of Provider] is currently in compliance with a!! Federa! and State of California laws covering nondiscrimination in emp!o~.ent; and that [Name of Provider] will not discriminate in the employment of any person under this contract because of the age, race, color, nationa! origin, ancestry, religion, disability, sexua! preference or gender of such person." 15.3 if CONSULTANT is found in violation of the nondiscrimination provisions of the State of California Fair Emp!o~ent Practices Act or similar provisions of ~a<ral law or executive order in the performance of this Contract, it will be in .default of this Contract. Thereupon, CITY wil! have the power to cancel or suspend this Contract, in whole or in part, or to deduct the sum of twenty-five do!lars ($25) for each person for each calendar day during which such person was subjected to discrimination, as damages for breach of contract, or both. Only a finding of the State of California Fair Empioy~ent Practices Co,mission or the equivalent federal agency or officer will constitute evidence of a breach of this Contract. SECTION 16.MISCELLANEOUS PROVISIONS 16.1 CONSULTANT represents and warrants that it has knowledge of the requirements of the federa! P~ericans with Disabilities Act of 1990, and the Government Code and the Health and Safety Code of the State of California, relating to access to public buildings and accommodations for disabled persons, and relating to facilities for aisab_ed persons CONSULTANT comply with or ensure by its advice that compliance with such Drovisions wil! be effected pursuant to the terms of this Contract. 030417 sd! 0091234 !! 16.2 Upon the agreement of the parties, any controversy or claim arising out of or relating to this Contract may be settled by arbitration in accordance with the Rules of the ~merican Arbitration Association, and judgment upon the award rendered ~by the Arbitrators may be entered in any court having jurisdiction thereof. 16.3 This Contract wil! be governed by the laws of the State of California, excluding its conflicts of law. 16.4 in the event that an action is brought, the parties agree that tria! of such action wil! be vested exclusively in the state courts of California or in the United States District Court for the Northern District of California in the County of Santa Clara, State of California. 16 5 The mrevailing ~arty in any action brought to enforce ~..~ terms of this Contract or arising out of this Contract may recover its reasonable costs and attorneys’, fees expended in connection with that action. 16.6 This document represents the entire and integrated Contract between the parties and supersedes al! prior negotiations, representations, and contracts, either written or oral. This document may be amended only by a written instrument, which is signed by the parties. 16.7 Al! mrovisions of this Contract, whether covenants or conditions, wil! be deemed to be both covenants and conditions. 16.8 The covenants, terms, conditions and provisions of this Contract wil! apply to, and wil! bind, the heirs, successors, executors, administrators, assignees, and consultants, as the case may be, of the parties. 16.9 if a court of competent jurisdiction finds or rules that any provision of this Contract or any amendment thereto is void or unenforceable, the unaffected provisions of this Contract and any amendments thereto wil! remain in ful! force and -==- ~. .........f=r~in this Contract and any16.70 ~1~ exhibits re .... ed to _. a@d~nd= ammendices, attacb_ments, and schedules which, from time to t~me, may be referred to in any duly ~x~c~d amendment hereto are by such reference incorporated in this Contract and wil! be deemed to be a part of this Contract. 16.11 This Contract may be executed in any number of counterparts, each of which wi!l be an original, but a!l of which together will constitute one and the same instrument. 16.12 This Contract is subject to the fisca! provisions of the Charter of the City of Paio Alto and the Paio Alto Municimal 030417 sdl 0091234 12 Code. This Contract w~]~ terminate w_~nouz any pena!tv (a) at the end of any fisca! year in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fisca! year in the event that funds are only appropriated for a portion of the fisca! year and funds for this Contract are no longer ih=s Section 16.77 will take ~recedence in the event ofavailable ~ ~ a conflict with any other covenant term, condition, or ~rovi~ion of this Contract. IN WITNESS WHEREOF, the parties hereto have by their duly auunor=:~@ representatives executed this Contract on the date first above written. hTTEST:CITY OF PALO ALTO City Clerk ~,PPROVED AS TO FORM: Mayor VAN METER WILLIAMS POLLACK, LLP Assistant Ciuy Manager Senior Asst. City Attorney By: Name: Title: Director of Planning and Community Environment By: Name: Title: Director of Administrative Services insurance Review =a.~.p=y=r ~ D No. 94-3113870 ,~o_~,=:=~c: wi:n Cord Code § 313 ~ required if ~he enzi<y on whose behalf r~i~ contract ~ ~i~d ~ a oor~ora~ion. ;n Ehe a±ternaEive, a ~::._-.~ . resoluzion atzeszing 1o the signazory a~z~o~{~,, o{ t~= individuals simning in Attachments: EXHIBIT "A": EXHIBIT "B": EXHIBIT "C": EXHIBIT "D": SCOPE OF PROJECT, TASK BUDGET & TIMESCHEDULE ADDITIONAL SERVICES KhTE SCHEDULE INSUKhNCE NONDISCRIMINATION COMPLIANCE FORM 030417 sdl 0091234 13 CERTIFICATE OF ACKIqOWLEDGMENT (Civil Code § 1189) STATE OF ) )SSo COUNTY OF ) On , 2003, before me, the undersigned, a Notary Public in and for said County and State, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is!are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. > ~ and 9ficia! ea]WITNESS my .~an@ o s _. Signature of Notary Public 030417 sdl 0091234 CERTIFICATE OF ACKNOWLEDGMENT (Civil Code § 1189) STATE OF COUNTY OF SS. On , 2003, before me, the undersigned, a Notary Public in and for said County and State, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and officia! seal. Signature of Notary Public 030417 sdl 0091234 15 EXHIBIT A CITY OF PALO ALTO ZONING ORDINANCE UPDATE URBAN DESIGN CONSULTANT SERVICES PHASE 2 DRAFT SCOPE OF WORK- March 19, 2003 Task 1: Issues Overview Preparation of fourteen Issues Overview sheets. Each 2-page sheet will focus on a topic raised by Planning Commissioners, Councilmembers, Architectural Review Board members, staff, and community members which warrants further analysis. For each topic, three policy positions will be presented: (1) middle/recommended, (2) less involved, (3) more involved. Topics to be A. B. C. D. E. F. G. H. I. J. K. L. M. N. reviewed to include: Transit-oriented development - issues and definitions Village Residential- issues and definitions Solar design issues Sustainability/"green building" issues Usable open space FAR calculation methodology Parking design options Fire and Building codes Front yard setbacks/build-to lines? Pedestrian/vehicle connectivity standards Relationship to surrounding context View corridors Open space/context sensitive open space Stormwater issues: impervious/porous surfaces & concepts Task 1 Meetinqs o 1 Planning & Transportation (P&TC) meeting with staff meeting beforehand o 1 Architectural Review Board (ARB) meeting ~1 Design & Environmental Committee meeting Task 1 Budqet Van Meter Williams Pollack Urbsworks TASK 1 TOTAL $9,075.00 $7,775.00 $16,850.0O Task 2: Sample Code Format and Application Development of sample code format, including mock-up of all text, diagrams, and illustrations of a typical Zoning Code section (RM-15 suggested). Will demonstrate how form-based coding and prototypes will be integrated into updated Zoning Ordinance format, and recommend how Code will be administered. The sample format will be reviewed by the Palo Alto City Attorney’s office and modified as needed. The final product will provide the draft structure to be used in all zoning sections. Task 2 Meetinqs o 1 Planning & Transportation (P&TC) meeting with staff meeting beforehand. ~1 Architectural Review Board (ARB) meeting o 1 Design & Environmental Committee meeting Task 2 Budclet Van Meter Williams Pollack Urbsworks TASK 2 TOTAL $5,975.00 $4,730.00 $10,705.00 Task 3: Prototypes Tour VMWP and UW will lead in a survey of relevant existing building prototypes that may inform development of new appropriate prototypes. The survey will include five examples of buildings in Palo Alto (either historical or contemporary) that are considered desirable, and five contemporary examples of desirable building types from comparable area cities such as Mountain View, Burlingame, Los Gatos, and Redwood City. Each prototype will be diagrammed in a sketch style similar to the prototypes developed for the. rest of the project and accompanied with photographs and statistical information. Examples of building types that may be surveyed include: Palo Alto Example#Contemporary Area Examples Courtyard apartments Bungalow court Downtown high-density apartment house Mixed Use Small-lot single family Second units Tuck-under rowhouse Podium rowhouse Podium apartment Mixed Use Small-lot single family Transit-Oriented Development Task 3 Bud.qet Van Meter Williams Pollack Urbsworks TASK 3 TOTAL $2,227.50 $2,30O.0O $4,527.50 Task 4: Focus Groups Presentation of study materials, visuals, and graphics to community focus groups. Total of four (4) focus groups, consisting of: (1) Multifamily and Village Residential Design (March) (2) Mixed Use Standards and Design (April) (3) Transit-Oriented Design (April) (4) Planned Oommunity (PC) Zoning (June) Task 4 Budqet Van Meter Williams Pollack Urbsworks TASK 4 TOTAL $4,960.00 $3,220.00 $8,180.00 Task 5: Development and Testing of New Zoning Criteria Development and "testing" of new zoning criteria and design prototypes to incorporate in the Zoning Ordinance to provide for effective implementation of multi-family, commercial, mixed-use, village residential, transit-oriented development, live-work, and second unit/in-law types. Specific tasks will include drafting new zoning criteria for all applicable March 19, 2003 Page 2 zones, testing proposed zoning criteria through scenarios for both hypothetical and real sites, and refinement and re-testing of zoning criteria and prototypes as needed. Different prototypes for "base," "less intensive" and "more intensive" will be developed, as appropriate: More IntensiveLess Intensive Prototype (Transit-Repaired Base PrototypeScenarioPrototype("Village")Orier~ted’ Downtown, Node) RM-15 ! 2 Village Residential Alternates* RM-30 Mixed Use, Small Lot (6,500 sq ft)* Mixed Use, Large Lot ’,12,000 sq ft)* Mixed Use, Multiacre Site* Live/Work* Second-Unit/tnlaw 1 2 (cottage cluster, courtyard apt) I 2 I 1 2 (detached and attached) 1 1 3 16 Commercial, Small Lot (6,500 sq ft) Commercial, Large Lot (12,000 sq ft) Light Industrial Wild Card (extra prototype to be determined)* 30 TOTAL PROTOTYPES 1 1 1 1 Indicates scenarios that can be applied to Housing Sites Inventory sites 1 1 1 1 6 Task 5 Meetinqs o 3 Planning & Transportation (P&TC) meetings with staff meeting beforehand o 1 Architectural Review Board (ARB) meeting o 1 City Council Meeting with staff meeting beforehand o 4 Design & Environmental Committee meetings Task 5 Budqet Van Meter Williams Pollack Urbsworks TASK 5 TOTAL $28,805.00 $20,667.50 $49,472.50 Task 6: Zoning Ordinance Modifications Recommendations Recommendations for modifications to Zoning Ordinance standards, including design prototypes. Specific tasks to include: (1) implementation options such as transit overlays, area plans, and corridor plans; (2) graphic/visual representations of key design concepts to demonstrate the constraints and opportunities identified in Task 1 ; (3) revision of design prototypes to ultimately be used in the Zoning Ordinance. March t9, 2003 Page 3 Task 6 Meetinq~ o 2 Planning & Transportation (P&TC) meeting with staff meeting beforehand o 1 Architectural Review Board (ARB) meeting o 1 City Council Meeting with staff meeting beforehand o 3 Design & Environmental Committee meeting Task 6 Budqet Van Meter Williams Pollack Urbsworks TASK 4 TOTAL $14,760.00 $12,690.00 $27,450.00 Task 7: Coordination with other consultants and committees Coordination and review of work by Economic and Parking consultants, and review committees, as required. Task 7 Budqet Van Meter Williams Pollack Urbsworks TASK 7 TOTAL $1,820.00 $ 920.00 $2,740.00 TOTAL PHASE 2 BASE BUDGET Van Meter Williams Pollack $ 67,622.50 Urbsworks $ 52,302.50 TOTAL $119,925.00 ADDENDUM General Contingency: Unanticipated meetings or other tasks, as directed by the Chief Planning Official. Van Meter Williams Pollack $ 5,000.00 Urbsworks $ 5,000.00 GENERAL CONTINGENCY TOTAL $10,000.00 Additional Work will be billed pursuant to the attached rate schedule, plus direct expenses. TOTAL BASE BUDGET + CONTINGENCY Van Meter Williams Pollack $ 72,622.50 Urbsworks $ 57,302.50 GRAND TOTAL $129,925.00 March 19, 2003 Page 4 EXHIBIT B I EXHIBIT B VAN METER WILLIAMS POLLACK.. ARCHITECTIJRE ~ URBAH DI:SIGH SAN FRANCISCO ~ DI~NVER URBAN DESIGN BILLING RATES March 2003 Partner Project Manager Designer / Planner Administrative $120.00 hourly $100.00 hourly $80.00 hourly $65.00 hourly REIMBURSABLE EXPENSE RATES Mileage Copies (b/w) Plotting (in-house) B/W Bond Color Reimbursables (Printing, postage, etc) $0.36 / mile $0.10 / copy $1.14 / sq ft $2.29 / sq ft direct cost + 10% 18 DeBoom Street First FloorSan Francisco, CA 94107 USA415.974.5352 FAX 974.5238www.vmwp.com