HomeMy WebLinkAboutID-2430City of Palo Alto (ID # 2430)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 2/13/2012
February 13, 2012 Page 1 of 4
(ID # 2430)
Summary Title: Rinconada Park Long Range Plan
Title: Approval of a Contract with Verde Design, Inc. in the Amount of $140,000
for Rinconada Park Long Range Project (CIP PE-12003)
From:City Manager
Lead Department: Public Works
Recommendation
Staff recommends that Council approve the contract (Attachment A) with
Verde Design, Inc. in the amount of $135,000 for design services for the
Rinconada Park Long Range Plan Capital Improvement Program Project PE-
12003. This amount includes $135,000 for basic services and $5,000 for
additional services, for a total amount not to exceed $140.000.
Background
Rinconada Park was established in 1922 and is Palo Alto’s second oldest
park.It has provided open space for the community,as well as the region,
for the past nine decades and acts as the main link between several public
facilities. Capital Improvement Program project (CIP) PE-12003 was
approved for FY 2012 to implement a Long Range Plan for Rinconada Park.
Serving Palo Alto as a regional park, Rinconada Park, serves as a central
component linking other valued city facilities including:The Lucie Stern
Community Center and Theatre, Children’s Theatre, Children’s Library,
Junior Museum and Zoo, Rinconada Pool, Girl Scout House, tennis courts,
Fire Station No.3, Main Library, Art Center and Walter Hayes Elementary
School. Rinconada Park is also home to Heritage Oak tree No. 2, a 200(+)
year old oak tree and the Magical Forest,a dense area of redwood trees
along Hopkins Street dedicated in 1971.
February 13, 2012 Page 2 of 4
(ID # 2430)
Discussion
As a means of renovating the park and to ensure Rinconada Park remains
a valued component of Palo Alto’s park system,a Long Range Planning
process will commence to establish design alternatives that will maintain
and maximize the usability and variety of activities the park currently
sustains now and well into the future. The long-range planning will provide
a comprehensive evaluation of current and future needs for the next 20
years along with the anticipated maintenance and operational costs
associated with the proposed improvements.
The scope of work to be performed under this contract will examine
external impacts that affect the park such as transportation options,
parking, park user groups, the diverse activities and traffic impacts. In
addition,a comprehensive,community outreach process to engage the
many stakeholders who utilize the park and obtain feedback will also be
conducted to address maximizing the parks usability and upgrades to its
facilities.
The Long Range Planning final product is to produce a plan that will guide
future renovations and development within Rinconada Park while
establishing and prioritizing the steps to be taken to maintain the Park as a
valuable community and regional asset.
The first phase of improvements will address the highest priorities based
on community input and associated cost impacts.It is anticipated that the
first phase may include new signage, refurbished picnic areas, pathways,
lighting, and parking lot improvements.Future phases may include ways
to integrate activities located at the adjacent Art Center, Lucie Stern
Community Center and regional considerations depending on community
needs.
Summary of Solicitation Process
Proposal Description/Number Name/Number of Proposal here
Proposed Length of Project Approximately 12 months
Number of Proposals Mailed 9
Total Days to Respond to Proposal 21
February 13, 2012 Page 3 of 4
(ID # 2430)
Pre-proposal Meeting Date None
Number of Company Attendees at Pre-
proposal Meeting
Number of Proposals Received:6
Company Name Location (City,
State)
Selected for
oral
interview?
1. Verde Landscape Santa Clara, CA Yes
2. Carducci & Associates San Francisco,
CA
Yes
3. Conger Moss Guillard San Francisco,
CA
Yes
4. Gates & Associates San Ramon, CA Yes
5. Royston Hamamoto Alley & Abey San Francisco,
CA
No
6. Tom Leader Studio Berkeley, CA No
Range of Proposal Amounts Submitted $125,000 -$167,025
An evaluation committee consisting of staff members from the Community
Services Department and the Public Works Department’s Engineering
Services Division reviewed the proposals. Four firms were invited to
participate in oral interviews on November 30 & December 1, 2011. The
committee carefully reviewed each firm's qualifications and submittal in
response to the criteria identified in the RFP. The evaluation committee
unanimously selected Verde Design, Inc. as the top proposer. Verde
Design, Inc. was selected because of their experience with community
outreach, experience with park master plan projects and their clearly
defined team roles.
Timeline
The Long Range Planning process will take approximatley one year to
conduct.
February 13, 2012 Page 4 of 4
(ID # 2430)
Resource Impact
Funding for this contract is available in Capital Improvement Program
project PE-12003. A placeholder for $1.26 million in construction funding
will be included in the proposed FY 2014 five year CIP budget.
Policy Implications
The proposed Rinconada Long Range Plan is consistent with the
Comprehensive Plan Policies: C-23, C-24, C-25, C-26,C-29, C-32, L-10, L-
11, L-15, L-18, L-61, L-74.
Environmental Review
This is a planning study and therefore exempt from California
Environmental Quality Act (CEQA) review pursuant to Section 15262 of the
CEQA guidelines. An environmental assessment in accordance with CEQA
will be prepared during the implementation phase of the Long Range Plan.
The City’s Environmental checklist will be utilized to determine potential
impacts.
Attachments:
·A -C12143548_Verde Designs_Rinconada Proj_Rev2 (PDF)
Prepared By:Peter Jensen,
Department Head:J. Michael Sartor, Director
City Manager Approval: ____________________________________
James Keene, City Manager
CITY OF PALO ALTO CONTRACT NO. C12143548
AGREEMENT BETWEEN THE CITY OF PALO ALTO AND
FOR PROFESSIONAL SERVICES
This Agreement is entered into on this 13th day of Feb mary, 2012, ("Agreement") by
and between the CITY OF PALO ALTO, a California chartered municipal corporation ("CITY"),
and Verde Design, Inc., a California corporation, located at 2455 The Alameda, Suite 200, Santa
Clara, CA 95050, Telephone number 408-985-2700 ("CONSULTANT")
RECITALS
The following recitals are a substantive portion ofthis Agreement.
A. CITY intends to Develop a Long Range Plan for Rinconada Park ("Project") and desires to
engage a consultant to Design a Long Range Plan 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 ofthis Agreement.
NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions,
contained in 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.
D Optional On-Call Provision (This provision only applies if checked and only applies ,to on-call
agreements.) .
Services will be authorized by the City, as needed, with a Task Order assigned and approved by the
City's Project Manager. Each Task Order shall be in substantially the same form as Exhibit A-I.
Each Task Order shall designate a City Project Manager and shall contain a specific scope of work, a
specific schedule of performance and a specific compensation amount. The total price of all Task
Orders issued under this Agreement shall not exceed the amount of Compensation set forth in
Section 4 ofthis Agreement. CONSULTANT shall only be compensated for work performed under
an authorized Task Order and the City may elect, but is not required, to authorize work up to the
maximum compensation amount set forth in Section 4.
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SECTION 2. TERM.
The tenn of this Agreement shall be from the date o.f its frill execution through completion o.f the
services in acco.rdance with the Schedule o.fPerfonnance attached as Exhibit "B" unless tenninated
earlier pursuant to Section 19 of this Agreement. .
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SECTION 3. SCHEDULE OF PERFORMANcE. Time is of the essence in the perfonnance of
Services tinder this Agreement. CONSULTANT shall ~o.mplete the Services within the term of this
Agreement and 'in accordance with the schedule set fo.rth in Exhibit ":8", attached to. and made a part
of this Agreement. Any Services fo.r which times fo.rperfo.nnance are not specified in this Agreement
shall be commenced and completed by CONSULTANT in a reasonablyprompt'and timely mannet:
based upon the circumstances and direction communicated to the CONSULTANT. CITY's
agreement to extend the tenn or the schedule forperfonnance shall not preclude recovery of damages
for delay if the extension is required due to. the fault o.fCON~ULTANT.
SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to
~ONSULTANr for perfonnance of the Services describ~d in Exhibit "A", including both payment
for professional services and reimbursable expenses, shall 'riot exceed One Hundred and Thirty Five
Thousand Dollars ($135,000). ill the event Additional Services are authorized, the total
compensation for services and reimbursable expenses shall not exceed One Hundred and Forty
Thousand . Dollars. ($140,000).
';fhe applicable rates and schedule of payment are set 011t 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 subj ectto the provisions of
Exhibit "C". CONSULTANT shall not receive any compensation for Additional Services perfonned
without the prior written authorization of CITY. Additional Services shall mean any work that is
. detennined 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. IN-V()I€E-B.In-order-to-·request-payment,€0NSl:JI:;-'F-ANf-shall-submit·monthly-·----
, 'invoices to the CITY describing the services perfonned and the applicable charges (including an
identification of personnel who perfonned the services, hours 'worked, hourly rates, and reimbursable.
expenses), based upon the CONSULTANT's billing rates (set forth in Exhibit "C-l "). If applicable,
the invoice shall also describe the percentage of completion of each task. The infonnation in
CONSUr/r ANT'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 with~n thirty (30) days of receipt.
SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All of the Services shall be
perfonned by CONSULTANT or under CONSULTANT's supervision. CONSULTANT represents
that it'possesses the professional and technical personnel necessary to perfonn the Services required
by this Agreement and that the personnel have suffident skill and experience to perfonn the Services
assigned to them. CONSULTANT represents that it, its employees and subconsultants, if permitted,
. have and shall maintain during the tenn of this Agreement all licenses, permits, qualifications,
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insurance and approvals of whatever nature that are legally required to perfonn the Services.
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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 or'
similar lmowledge and skill engaged in related work throughoutCalifomia under the same or similar
cfrcumstances. '
SECTION 7. COMPLIANCE WITH LAWS. CONSULTANT shall keep itselfinfonned 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 perfonnance ofthe Services or those engaged toperfonn
Services under this Agreel1lent. CONSULTANT shall procure all pennits and licenses, pay all
charges and fees, and give all notices required ,by law in the perfonnance of the Services.
SECTION 8. ERRORS/OMISSIONS. 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 CONSULTANT has prepared plarls and specifications or other design
documents to, construct the Prpject, CONSULTANT shall be obligate~ to correct any and aU errors,
omissions or ambiguities discovered prior to and during the course of construction of the Project.
This obligation shall survive tennination of the Agreement. ' ,
,SECTION 9. COST ESTIMATES. If this Agreement pertains to the design ofa public works
project, CONSULTANT shall submit estimates of probable constiu~tion costs at each ph,ase 'of
design submittal: Ifthe 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 perfopning
the Services imder this Agreement CONSULTANT, and any person el11ployed by or contracted with
CONSULTANT to furnish labor andlor 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 materiarconsiderations for this Agreement. CONSULTANT shall not assign or
transfer any interest in this Agreemen.t nor the perfonnance of any of CONSUL T ANT's obligations
hereunder without the prior written consent ofthe 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.
OOption 4: No Subcontractor: CONSULTANT shall not subcontract any portion ofthe work to
be performed under this Agreement without the prior written authorization ofthe city manager or
designee.
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~Option B: Subcontracts Authorized: Notwithstanding Section 11 above, CITY agrees that
subconsultants may be used to complete the Services. The subconsultants authorized by CITY to
perform work on this Project are:
Fehr & Peers (Traffic Engineering)
. David J. Powers & Associates, Inc. (Environmental Planning)
Ward Surveying .
CONSULTANT 'shall be responsible for directing the work of any sub consultants and for any
compensation due to subconsultants. CITY assumes no responsibility whatsoever concerning
compensation. CONSULTANT shall be fully responsible to CITY for all acts and omissions ora
sub consultant. CONSULTANT shall change or add sub consultants only with the prior approval of
the city manager or his designee.
SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Derek Mckee as
the Design Team Lead<?r to have supervi&ory responsibility for the performan~e, progress, and
execution of the Services'and Act as the project Main Contacts to represent the '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 assignnlent 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 pre~ent a threat to the adequate or timely completion of the
Project or a threat to the safety of persons or property.
The City's proj ect manageris Elizabeth Ames, Public Works Department, Engineering Division, 250
Hamilton Ave., Palo Alto, CA 94303, TelephoIie:650-329-2902. The project manager will be
CONSULTANT's point of contact with respect to performance, progress and execution of the
Services. The CITY may designate an alternate project manager from time to time.
SECTION 14. 'OWNERSHIP OF MATERIALS. Upon delivery, all work product, including
without limitation, all writings, drawings, plans, reports, specifications, calculations, documents,
other materials and copyright interests developed under this Agreement shall be and remain the
exclusive property of CITY without restriction or limitation upon their use. CONSULTANT agrees
that all copyrights which arise from creation of the work pursuant to this Agreement shall be vested
in CITY, and 'CONSULTANT waives and relinquishes all claims to copyright or other intellectual
property rights in favor of the CITY. N either 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 produ'ct for use in or application to circumstances not contemplated by the scope of work.
SECTION 15. AUDITS. CONSULTANT will pennit CITY to audit, at any reasonable time during
the term ofthis Agreement and for three (3) yearsthereafier, CONSULTANT's records pertaining to
matters covered by this Agreement. CONSULTANT further agrees to maintain and retain such
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records for at least three (3) years after the expiration or earlier termination of this Agreement.
SECTION 16. INDEMNITY.
IZI[Option A applies to the following design professionals pursuant to Civil Code Section
2782.8: architects; landscape architects; registered professional engineers and licensed
professionalland surveyors.!] 16.1. To the fullest extent permitted by law, CONSULTANT shall
protect, indemnitY, defend mid hold harmless CITY, its Council members, officers, employees and
agents (each an ~'Indemnified party") from and against any and all dem!:Ulds, 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 ~ot it is caused in part by an' Indemnified party.'
. o [Option B applies to any consultant who does not qualify as a design professional as defined
in Civil Code Section 2782.8.] 16.1. To the fullest extent permitted bylaw, CONSULTANT shall
protect, indemnify, defend and hold hanitless CITY, its Council members, officers, employees and
agents {each an "Indehmified 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") resulting from, arising out of or in any manner related to performance or
nonperformance by 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 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 iight of indemnification. The provisions of this Section 16 shall survive
the expiration or early termination of this Agreement.
SECTION 17. WAIVERS. Thewaiverbyeitherpartyofanybreachorviolationofanycovenant,
term, condition or provisionofthis Agreement, or ofthe provisions of any Qrdinance orlaw, 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 ofthe 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
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force and effect during the tenn ofthis Agreement, the insurance coverage described in Exhibit ltD".
CONSULTANT and its contractors, if any, shall obtain a policy endorsement naming CITY as an . .
additional insured under any genera1liability 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 ofCalifomia. Any and all contractors of CONSULTANT
retained to perfonn Services under this Agreement will obtain and maintain, in full force and effect
during the tenn 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 ofthis Agreement. The certificates will be subjectto 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,
CONSULT ANT. shall be responsible for ensuring that current certificates eviclencing 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 wili 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 dam~ge, injury, or loss caused by or directly arising as
a result of the Services perfonned under this Agreement, including such damage, injury, or loss
arising after the Agreement is tenninated or the tenn has expired.
SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES.
19 .2. CONSULTANT may tenninate this Agreement or suspend its perfonn~ce of
the .services by giving thirty (30) days prior wntten notice thereofto CITY, but only in the event of a
substantial failure ofperfonnance by CITY.
19.3. Upon such suspension or tennination, 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, ifany, in connection with this Agreement. Such materials will
become the property of CITY.
19.4. Upon such suspension or tennination 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 tennination; provided,
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however, ifthis 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 , '
survive any expiration or termination.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 'riihts under this Agreement.
, SECTION 20. NOTICES.
, All notices hereunder will be given in Writing and mailed, postage prepaid, by
certified mail, addressed as follows:
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To CITY: Office of the City Clerk
City of Palo Alto
Post Office Box 1.0250
Palo A1to~ CA 94303
With a copy to the Purchasing Manager
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To CONSULTANT: Att~ntion ofthe project ~rector
at the address of CONSULTANT recited above
SECTION 21. CONFLICT OF INTEREST.
21.1. In accepting this Agreement, CONSULTANT cqvenants 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 ofthe'Services. '
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21.2. CONSULTANT further covenants that, in the performance ofthis 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 -yvill 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 Political Practices Commission, CONSULTANT
shall be required and agrees to file the appropriate financial disclosure documents required by the'
Palo Alto Murucipal Code and the Political Reform Act..
SECTION 22, 'NONDISCRIMINATION. As set forth in Palo Alto Municipal Code section
2.30.~10, CONSULTANT certifies that in the.performance of this Agreement, it.shall not
discriminate in the ~mployment 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
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provisions of Section 2.30.510 of the Palo Alto Municipal Code relating· to Nondiscrimination
Requirements and the penalties for violation thereof, ~d 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 :trOm time to time. 'CONSULTANT shall comply with waste
reduction, reuse, recycling and disP9sal requirements.ofthe City's Zero Waste Program. Zero Waste
best practices include firs~ minimizing and reducing waste; second, reusing waste and third, recyclmg
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 ando printed on a
minimum of30% or greater post-consumer content paper, unless otherwise approved
by the City's Project Manager. Any submitted materials ptinted by a professional
printing company shall be a minimum of30% or greaterpost-'consumer material and
prihted 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·
limjted to Extended· Producer .Responsibility requirements for products and
packaging. A copy ofthis 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 ofth~ City of
Palo Alto and 'the Palo Alto Municipal Code. This Agreement will tenninate 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 ~ny 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.
25.2. In the event that an action is brought, the parties agree that trial of such action
will be vested exclusively Jin 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
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Agreement may recover its reasonable costs and attorneys' fees expended in connection with that
actio~. 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 ~e entire and integrated agreement betw~en the
parties and supersedes all prior negotiations, representations, and contracts, either written or oral.
This document may be amended only by a written instrument, w~ch is signed by the parties;
25.5. The covenants; ~erms, conditions and provisions ofthis Agreement will apply
to, and will bi;nd, the heirs, successors, executors, administrators, assignees, and Gonsultants ofthe
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 ~enforceable, the unaffected provisions of this
Agreement and any amendments thereto will remain in full force and effect.
25.7. All exhii>it~ 'referred to in this Agreement and any addenda, app'endi~es,
'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, pursmmi to ,this contract with CONSULTANT, City sh~res 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 tpere 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.
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25.~9: AU unchecke4'~q~~~ ~tQ nohpply to thIs ~~te:eiUeiif.
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Attachments~'
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EXHIBIT-"A"
SCOPE OF SERVICES
Rinconada Park Long Range Plan
Scope of Work
1. GENERAL INFORMATION/BACKGROUND
The City of Palo Alto Public Works Department is seeking a qualified consulting Urban
Planning or Landscape Architectural firm to provide a Park Long Range Plan to guide
the future development and renovation of Rinconada Park. Centrally located at 777
Embarcadero Rd. in the City of Palo Alto totaling 11.8 acres 'in size, Rinconada Park
serves both the local community as well as the surrounding region. Established in
1922, Rinconada Park is home to the Magical Forest a dense grove of Redwoods along
Hopkins St. and Heritage Tree No.2, a 200 year old Coast Live Oak: The Park is also,
home to the Girl Scout House, the. Rinconada Aquatic Center'-facility of the Palo
Alto's Swim Team, nine publicTenni~ Courts ~nd links many public facilities including:
the Lucie Stern Community Center arid Theatre, Children's Theatre, Children's Library,
Junior Museum and Zoo, Main Library; Art Center,Walter Hayes Elementary School
and Fire Station 3.' ' ,
2., SERVICES
The consultant will prepare an inventory and analysis of the existing park along with
conducting community outreach to gather design criteria for composing the Long Range
Plan. The consultant will work with the City boards, commissions, council and staff to
develop a Long, Range Plan that will provide the most optimal design for future
renovation and 'enhancement of Rinconada Park for both the surrounding community
and the region for the next 20-30 years. '
The selected Consultant will be asked, to complete the following tasks.
TASK 1 PROJECT INITIATION
Task 1.1 Kick-off Meeting
An organization and scoping meeting will be held with City staff to begin the design
process for the project and review and discuss the following information. '
1. Introduce key staff to the design consulting team
2. Review objectives of the project
3. Review scope of services
4. Confirm project areas/boundaries
5. Collect available data and published material
6. Establish meeting and presentation schedUle
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7. Establish communication channels with all parties involved
8. Review and list all applicable design and planning standards
9. Coordinate with City departments and other agencies
10. Review schedule .and deliverables .
. Changes to the Scope of Work will be made (if necessary) at the conclusion of this
effort, and an amended.Scopewill be published within the contra'ct amount.
The design consultant will continue to meet with City of Palo Alto's staff on a monthly
. basis, in person, to review progress on the project and to keepalJ parties involved in the
planning and design process up to date. .
Task 1 Product$
1. Amended 'Scope of Work' (Revised by City Staff if necessary)
2. Set meetings and presentation schedule (cpnsultant to compose calendar for city
staff submittal -post meeting) .
TASK 2· SITE IVENTORY &'ANAL YSIS "
Task 2.1 Site Survey
The design consultant is responsible to have a site survey prepared for the park that
shows all natural, built and municipal elements that will be utilized to analyze
opporttlnitiesand constraints: of the park as well as providing a scaled base for design
purposes. The site survey is· to be produced in AutoCad by a .licensed surveyor and be
composed of the following items.
1. Natural Site Elements
a. Topographic features with 5' contours
b. Existing trees & vegetation
. c. Other park natural features of significance
2. Built Site Elements
a. Survey built facilities of the park including: structures, paving,
playgrounds, tennis courts perimeter, pool perimeter, fencing,
amenities & utilities
b. Other built park features of significance
3. Municipal Elements
a. Survey to include: park boundaries, property lines, set~backs and
easements
Task 2.2 Parking & Traffic Study
1. Review the existing parking along Embarcadero Road and Hopkins Ave. to
determine how perimeter parking can be maximized. .
2. Review existing vehicular. bike and pedestrian access to the park.
Recommend improvements and new connections for pedestrian and
cyclists to access and circulate through the park.
3. The traffic sub~consultant.is to attend one meeting to gather input from the
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community and address the general questions of the existing parking and
traffic conditions. .
Task 2.3 Site Inventory Analysis Plan & Report
The design consultant is responsible to perform a full site analysis of the· park. A site
analysis plan is to be produced for presentation purposes as well as a written report
that analyzes the impacts, usability, opportunities and constraints of the park. A site
visit with the consultant and other city representatives is to be conducted to review·the
park and existing conditions.
. The following items are to be analyzed:
1. Existing site elements and amenities within the park and the extent to
which these amenities are currently utilized.
2. User groups of the park locally and regionally.
3. Recreational activities provided and lacking.
4. Surrounding land uses (example: theatre, school, library, etc.)
5." Maintenance and security issues. . ...
6. City of Palo Alto municipal zoning codes.
7. Regional & local recreational needs.
8. Other factors or items impacting the park.
Task 2.4 City Staff Review Meeting
1. Consultant to review with city staff the findings of the site analysis and
parking study.
2. Consultant to present arid review the draft agenda for the first community
meeting with city staff.
Task 2.5 Community Study Session 'Goals & Objectives' (Community Meeting 1 & 2)
The design consultant shall facilitate (2) Community Study Sessions. to gather
. information regarding goals & objectives for the park by the community. The consultant
is to prepare an agenda for the workshop, that is to include: project purpose, timeline.
and staff introductions, and submit it to city staff for review (3) weeks prior to the
session. Upon Completion of the meeting the design consultant is to prepare a report
on the communities involvement, input and findings. The report is to include a matrix
that outlines the needs of the various recreation programs and facilities.
** A sign~up' sheet to compile an email list of community members and
stakeholders is to be done at this and all community meetings, along with a
request for email sign~up on the advertising for community meetings.
** Advertising for all community meetings shall be done by city staff in
coordination with the design consultant.
Task 2.6 Long Range Plan Community Focus Group
. .
The design consultant with assistance from city staff shall assemble a Long Range Plan
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Community focus group. The focus group is to represent the main stakeholders of the
project and provide consistent representation of the stakeholders throughout the design
process. Members of the focus group will be required to attend community meetings,
and act as the liaison between theirstakeholdergroup and the design team. The focus
group m~mbers shall include representatives from the following stakeholders: .
,1. Walter Hays Elementary School
2.. A Neighborhood Representative from the adjacent associations:
a. Community Center
b.· DuvenecklSt. Francis
c. University South
d. Embarcadero Oaks
e. Old Palo Alto
3. Palo Alto T.ennis Association
4. Palo Alto Swim Club
5. Canopy
6. Girl Scout House
7. Lucie Stern Coi'nmunity Center " .
8. Junior Museum & Zoo
9. Children'S and Community Theatre
'10. Others to be .determined
Task 2.7 City Staff Review Meeting
1. Consultant to review with city staff·their findings from the community
meeting.s ...
2. Consultant to present and review the draft agenda for the Parks &
. Recreation Commission presentation with city staff.
Task 2.8 Park & Recreation Commission Presentation & Study Session
The deSign con~ultant shall facilitate a study session presentation with the Parks &
Recreation Commission to review the goals and objectives of the project, and review
the findings of the Community 'Goal & Objectives' study session. The design consultant
is to draft a report upon the completion of the meetings, summarizing what was
reviewed and discussed in the meeting along with possible recommendations and next
steps ..
• Park & Recreation study session (provide 1 full-size and (15) 11x17 Analysis plan prints
and (15) copies of the Analysis written report as well as a power point presentation
reviewing items covered inthe Analysis plan. report and findings from the Community
Study Sessions. .
Task 2 Products
1. Topographic/Site Survey
2. Park Analysis Plan (30" x 42" sheet @ 40 scale)
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3. Park Analysis Report & Matrix (5 pages of narrative with additional graphic
pages)
4. Parking/Traffic Study
5. Community 'Goals & Objectives' Study Session agenda and report
6. Community Foc~s Group Members' materials and summary of meeting rep6rt
7. Parks & Recreation Commission Presentation & Study Session materials and
summary of meeting report '
TASK 3 DESIGN DEVELOPMENT
Task 3.1 Long Range Plan Alternative Designs
1. the design consultant is to develop (3) three alternative concept plans that explore
the different layouts park facilities and amenities can be arranged base on .
information gathered from the site analysis, the community. study sessions and
Parks & Recreation Commission meeting. Make design decisions that create the
most optimal use of existing and adjacent park activities and facilities. Bubble
diagrams are expected. Plans to show the relationship between areas, facilities and
support facilities, along with circulation patterns. Exact form and layout of park
elements are not necessary in this stage. Each defined area shown on the concept
plan· is to take into account the following items.· .
1. Type of activity:
·a. Active
b. Passive
c. ·Group
2. Level of activity:
a. Age group
b. Skill level
c. Unstructured
d. Programmed
3. Pe~iods of activity:
a. Daily.
b. Weekly
c. Monthly
d. Seasonal
e. SpeCial Events
3, Design standards and code requirements:
a. Size
b. Orientation
c. Safety zones
4. Park amenities:
a. Restrooms
b. Signage.
c. Furnishings (benches, tables, barbeques, etc.)
d. Lighting
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e. Eventvenues ,
f. Passive and multi-use park'areas
€J. etc.
5; Support facilities
a. Access paths (pedestrian & bike)
b. Maintenance paths/facilitie&
c. Parking areas (number of stalls)
d. Transportation programs & facilities
'e. Public & private adjacent recreation facilities
f. etc .
. 6. Design Considerations
'a. Accessibility
b. Protection of existing trees and vegetation
c. Historic elements
d. Health & safety regulations
e. Environmental impact
f. Demographic changes & trends in recreational use patterns
g:' Maintenance guidelines & issues for new facilities ".
h. Security ,
i. Local and regional usage
j. Art integration locations
k. Ability of facilities and amenities to generate revenue through
fees or rentals
!, I. Costs
m. etc.
2. Prepare a written evaluation of each concept plan highlighting both the positive and
negative pOints of each.
Task 3.2 Preliminary Environmental Assessment of Options
The design consultant shall analyze & determine qualitative environmental impacts of
each of the (3) three proposed concept options. Utilizing the initial study checklist, the
. consultant shall create a matrix to rank the eriviro'1mental impacts of each concept.,
Task 3.3 City Staff Review Meeting
1. Consultant to review with city staff 'each of the 3 concept Master Plans
and the associated environmental assessment matrix.
2. Consultant to present and review the draft agenda for the community
meeting with city staff.
Task 3.4 Concept Plan Review Community Meetings (Community Meeting 3 & 4)
The design consuitant is to facilitate (2) community meetings to present, review arid
comment on the three (3) separate options of the Concept Long Range Park Plan.
These meetings are to illclude a community based design charrette to engage the
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community in the design process. The consultant is to prepare an agenda for the
workshop and submit it to city staff for review three (3) weeks prior to the meetings.
Upon Completion of the meetings, the design consultant is to prepare a report on the
community involvement, input and findings.
Task 3.5 City Staff Review Meeting
1. Consultant to review with city staff their fin,dings from the community
meetings
2. Consultant to present and review the draft agenda for the Parks & .
Recreation Commission presentation with city staff.
Task 3.6 Parks & Recreation Commission Meeting
The design consultant shall facilitate a presentation meeting with the Parks & .
Recreation Commission to review the (3) concept options and the findings from the
community meetings .. The design consultant will request feedback from the
commission'regarding the options. " " .
•. Park & Recreation study session (provide 1 full-size and (7)·11"x17" plans of each of the
(3) concepts, (7) copies of the written evaluation of each concElpt along the preliminary
Environmental Analysis and (7) copies of the Community Meeting findings as well as a
power point presentation reviewing items covered in the concept.deslgns, report,
environmental analysis and community meeting findings.
Task 3 Products
1.(3) Concept plans (color rendered on 30"x42" sheet @ 40 scale)
2. Written evaluation of the concept designs (5 pages of narratives with additional
graphic pages)' .
3. Preliminary Environmental Analysis for each concept design and decision matrix
comparing the potential environmental impacts of the three (3) options
.4: Community Meeting agendas and summary of meeting report
5, Parks & Recreation Commission Meeting and summary of meeting report
TASK 4 DRAFT LONG RANGE; PLAN
Task 4.1 Draft Long Range Plan
The design consultant is to prepare two (2) separate Draft Long Range Plan options
showing all proposed & existing facilities and amenities located in exact locations, .
drawn to scale. Each Draft Long Range Plan design option is to be based on the
findings of the proposed concept options in the Community Meetings, Parks &
Recreation CommiSSion meeting and site analysis. The Draft Master Plans are to be
color r~ndered for presentation purposes and should include the following items,
. 1. All facilities, amenities, and structures proposed for the park, must be· drawn
to scale and identified by call out or legend at exact proposed location. This
includes all proposed and existing features, uses and structures that are to
remain with in the park with description of any proposed
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renovations!reconfigurations.
2. All roadways, driveways, paths, bike routes and walkways must be identified
by type of surfacing proposed.
3. Park topography (5 ft. contours)
4. Park utilities, boundaries, easements
5. Legends and notations necessary to fully explain the size, type and location
of any proposed use, featu,re or facility.
Task 4.2 Prelimina~ Cost Analysis
Construction (implementation) costs:
For both Draft Long Range PI~ns prepare, by area and facility, a preliminary cost
analysis for the redevelopment of Rinconada Park. The cost analysis should include:
engineering' and other professional service costs, construction costs, project
, administration costs, and contingencies.
Task 4.3' Draft Long'Range Plan Report "
The Draft Long Range Plan Repo'rt is to describe the existing park, proposed
improvements, and the process used to design the Draft Master Plan. All aspects of
the planning process are to be presented in a narrative form. The Draft Long Range
Plan Report is to include the following items.
1. Executive Summary
2. Park Inventory & Analysis ,
a. Sum'mary of the inventory and analysis process
b. Park Analysis Plan
c. Park Analysis Report
d. Community Study Session Report
,e. Par~s & Recreation Commission recommendations
3. Design Development
'a. Summary of the Design Process
b. (3) concept design plans
c. Written evaluation of each concept plan
d. Preliminary Environmental Analysis
e. Community Meeting Report
f. Parks & Recreation Commission recommendations and comment
4. Draft Long Range Plan ,
a. Summary of the Draft Long Range Plan Design Process
b. (2) Draft Master Plans '
c. Preliminary Cost Analysis of each master plan
Task 4.4 Web Based Community Survey
The design consultant is to draft a design survey for on line publication to gain broader
feed back from the community concerning the overall design of the Draft Long Range
Plans. The on line survey to be hosted by Swvey Monkey or other like hosting sites.
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1. The corisultant is to develop a web based survey questionnaire for distribution to the
community, stakeholder/user groups and other organization.
2. The survey questions will focus on evaluating the Draft Long Range Plan Concepts.
3~ Survey information will be organized into sections based on the information to be
gathered .
. 4. The consultant will review survey content and format with city·staff for approval
before publishing. .
5. Upon completion of the survey a synopsis of results ranking the feedback will be
compiled by the consultant. .
6. The consultant shall prepare a summary of the survey results and incorporate the
findings into the overall Final Long Range Plan design.
Task 4.5 City Staff Review· Meeting
· 1. Consultant to review with city s~aff the 2 Draft Long Range Plan options,
. report and the associated preliminary cost analysis. .
" 2. Consultant to. present and review the draft agenda for the community
. meeting with city staff
Task 4.6 Draft Long R,ang~ Plan Co~munity Meetings (Community Meetings 5 & 6)
1. The design consultant is to facilitate (2) community meetings to present, review and
comment on the Draft Long Range Plan options: The consultant is to prepare an
agenda and materials for the meeting and submit it to city staff for review (3) weeks
prior to the meeting. Upon Completion of the meeting the design consultant is to
prepare a report on the Community involvement, input and findings. .
Task 4.7 City Council, Boards & Commission Meetings
The design consultant shall facilitate a presentation meeting with the Parks &
Recreation Commission, Architectural Review Board, Historical Resource Board,
. Planning & Transportation Commission and City Council to review the (2) Draft Master
Plans and the Draft Long Range Plan Report. The consultant is to work with city staff
to set up project information packets and review presentation materials prior to each
meeting. The same presentation is to be made to each council, board and commission·
with updates'to the presentation made determined by comments from the previous
meeting. The design consultant is to draft a report upon the completion of these
meetings, summarizing what was reviewed and discussed in the meetings. All plan
copies provided for review are to be color rendered.
• Park & Recreation Commission meeting (provide 1 full-size and (15) 11"x17" Draft Long
Range Plan copies and (15) copies of the Long Range Master Report as well as a power
point presentation reviewing the design process up to this point).
• Architectural RevieW Board Meeting (provide 1 full-size and (15) 11 "x17" Draft Long Range
Plan copies and (15) copies of the Draft Long Range Report as well as a power point
presentation reviewing the design process up to this point). .
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• Planning &Transportation Commission Meeting (provide 1 full-size and(15) 11"x17" Draft
Long Range Plan copies and (15) copies of the Draft Long Range Report as well as a power
point presentation reviewing the design process .up to this point).
• Palo Alto Bicycle Advisory Committee Meeting (provide 1 fuJI-sIze and (15) 11"x17" Draft
Long Range Plan copies and (15) copies of the Draft Long Range Report as well as a power
point presentation reviewing th~ design process up to this point).
• Art Commission Meeting (provide 1 full-size.and (15) 11"x17" Draft Long Range Plan copies
and (15) copies of the Draft Long Range Report as well as a power point presentation
reviewing the design process up to thIs pOint). .
.• Historic Resource Board (provide 1 full-sIze and (15) 11"x17" Draft Long Range Plan copies
and (15) copies of the Draft Long Range Report as well as a power point presentation
reviewing the desIgn process up to this point).
• City Council Meeting (provIde 1 full-size and (15) 11"x17" Draft Long Range Plan copies and
(15) copies of the Draft Long Range Report as well as a power point presentation reviewing
the design process up to thIs point).
Upon the presentation to the City boards and commission an additional meeting maybe required
. with a specific board or· commission to review further specified revisions to the Draft Long Range
Plans.
Task 4 Products '. ' ..
·1; (2) Draft Master Plans (color rendered on 30"x42" sheet @ 40 scale)
2. Draft Long Range Plan Preliminary Cost Analysis
3. Draft Long Range Plan Report (15 pages of narrative with additional graphic
pages)
4. Web-based Community Survey & survey finding report
5. Community Meeting Agenda and summary of meeting report
6. City Council, Boards & Commissions Meeting material and summary of meeting
. report
TASK 5 LONG RANGE PLANDESIGN
Task 5.1 Long Range Plan Design .
The design consultant is to prepare a final Master Park Plan based on the findings fr.om
the Community (meetings & survey), City Council, Boards an.d Commission meetings;
displaying the preferred selected options from each of the Draft Long Range Plans.
The final proposed Long Range Plan is to show the long-term full development of the
park. The Long Range Plan is to be color rendered for presentation purposes.
Task 5.2 Environmental Assessment
.. .
The design consultant shall analyze and determine qualitative environmental impacts
utilizing the City's Initial Study Checklist of the Long Range Plan design, and compare
this to th(3 environmental assessment matrix in task 3. .
Task 5.3 Finalized Cost Analysis
1. Construction (implementation) costs:
. II
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. Prepare, by area and facility, a detailed current cost estimate for the redevelopment .
of Rinconada Park. The cost estimate should include: engineering and other
professional service costs, construction costs, project administration costs, .
and contingencies.
. 2. Phased cost evaluation:
Develop a phased and'prioritized multi-year capital development plan. This
evaluation is to identify the order and timeline areas and facilities are to' be
. developed or renovated. Implementation strategies for financing capital.
improvements should also be addressed (bonds, grants, fund-raising)
Task 5.4 Operating Costs & Revenues
The design consultant is to estimate a net annual cost of operating and maintaining the
park and park facilities based on the development of the Park as determined by the
/"'on9 Range Plan. An·annual budget estimate shall be cal9ulated for each of the cost .
" and revenue items listed. The consultant is to inch:Jde an itemization of these estimates
. by description arid amount along with appropriate totals.
Operating cost evaluation to include:
1. Administration (Ex.: insurance, office supplies, phone, public relations,
rentals, training, etc.)
2. Personnel (Include a list of employment positions,number of employees,
estimated salaries or wages by positions, benefits,' overtime and temporary
employment, etc.) . .'
3. Supplies and materials (Custodial; tools, utilities, equipment, etc.)
4. Programming costs (Include general descriptions and number of anticipated
programs, participants and costs of programs) .
5. Contracted services cost for operational maintenance.
Task 5.5 Long Range Plan Report . .
The Long RangePlan Report is to describe the existing park, proposed improvements,.
and the process used to design the Master Plan. All aspects of the planning process
are to be presented in a narrative form. The Long Range Plan Report is to include the
following items. . .
1. Executive Summary
2. Park Inventory & Analysis (10 Pages of text plus graphics)
a. Summary of the inventory and analysis process·
b. Park Analysis Plan
c. Park Analysis Report
d. Community Study Session Report
e. Parks & Recreation Commission recommendations
3. Design Development (15 Pages of text plus graphics)
g. Summary of the Design Process
h. (3) concept design plans
i. Written evaluation of each cOl)cept plan
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j. Preliminary Environmental Assessment
. k. Community Meeting Rep~rt
I. Parks & Recreation Committee recommendations and comment
4. Draft Long Range Plan(15 Pages oftext plus .graphics)
a. Summary of the Draft Long Range Plan D.esign Process
b. Cost Analysis of implementation and Phasing
c. Community Meeting 'Report & Survey findings
d. City Council recommendations and comments
e. Parks & Recreation Commission recommendations and comments
f. Architectural Review Board recommendations and comments'
g. Planning & Transportation Commission recommendations and
comments . .
h. Art Commission 'recommendations and comments
i. Historical Preservation Committee recommendations and comments
j. Palo Alto Bicycle Advisory Committee recommendations and
comments .
5. Long Range Plan(15 Pages of text plus graphics)
'. k. Summary of the' Long Range Plan D~sign,.process
I. Environmental Assessment of Master Plan
m. Cost Analysis to include comparing construction costs with operating
costsa'nd revenues
n. Operating Costs & Revenues
o. Other Considerations and Recommendations
Task 5.6 City Staff Review Meeting
1. Consultant to review with city staff the Final Long Range Plan& Long
Range Plan Report including the environmental assessment, finalized
cost analysis and operating cost and revenues. .
2. Consultant to present and review the draft·agenda for the City Council
meeting with city staff
Task 5.6 City Council Presentation of Long Range Plan& Report (2 meetings)
. , .
, The design consultant is to present the Final Long Range Plan and Report to the City
Council for Approval. The design consultant is to make a full presentation ofthe Long
Range Plan and review all revisions that were made to the plan from the prior review
meeting of the Draft Long Range Plan and Report. Upon the presentation the City
Council may request further revisions to the plan, which will need to be addressed by
the.consultant, and presented before the City Council again if so required.
"
, • City Council Meeting (provide 1 full-size and (15) 11 "x17" Long Range Plan copies
and (15) copies of the Long Range Report as well as a power point presentation
reviewing the overall design process, .
Task 5 Products
1. Long Range Plan(color rendered on 30"x42" sheet @ 40 scale)
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. 2. Environmental Assessment (Environmental Impact Summary Table)
3. Cost Estimate
4. Operating Costs & Revenues
5. Long Range Plan Report
a. Park Inventory & Analysis Phase-1 0 p~ges
. . b. Design Development Phase -·15 pages .
c. Draft Long Range Plan Phase -·15 pages
d.Long Range PlarfPhase -15 pages
6. City Council Approval Presentation
TASK 6 FINAL PROJECT DELIVERABLES
Task 6 Project Deliverables
1. (3) full size rendered copies of the Long Range Plan
2. (3) Bound copies of the Long-Range Plan Report
. 3. (1) Binder with all Tasks (1-6) Products .
4. (1) Compact disc with Digital Long Range pran in tiff, jpeg.& pdf-forms @ 200dpi
5. (1) Compact disc of Long Range Plan report word doc.
6. (1) Compact disc of Long Range Plan Presentation to the City Council
TASK 7 ADDITIONAL SERVICES
The consultant is to separate the 'Additional Services' from the other Tasks covered in
the RFP in their proposal. .
. .
Additional SerVices may be included as part of the 'scope of work'services as
determined by the City upon review of the design consultant proposals.
TASK 8 FUTURE PHASES -DeSign, Construction Documents & Construction
Administration Services (at City's option) .
Upon successful completion of the Master Plan, the City of Palo Alto, at it's sole
discretion, may negotiate a fee and execute a contract amendment with the consultant
for this work at a future date, or may elect to instead issue a neW RFP for the services,
including design and construction documents and construction administration for .
subsequent design and construction phases in Rinconada Park.
·.Project Schedule
TASKS
1. Award design contract:
2. Project team kick-off meeting
3. Site Inventory & Analysis
4. Initial community design charrette meetings
5. Design Development
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. DATE
winter 2011/12
winter 2011/2012
spring 2012
spring 2012
summer 2012
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6. Community meetings design review (3) concept options summer/fall 2012
7. Draft Long Range Plan , summer/fall2012
8. Community meetings Draft Long Range Plan design review summer/fall 2012
6. City ,Council, boards & commissions Draft Long Range Plan review fall2012
8. Long Range Plan winter 2012
9. City Council final Master Park Plan & Report Presentation winter 2013
City Provided Documents and Services
1. Comprehensive plan.
2. Initial Study Checklist
3. Pedestrian & bike master plan
4. GIS utility information
5. As-built,S for City parks and facilities
" 6. Advertising for public meetings
Consultant Services Not Included
,1. Meetings other than those listed "
2. Renderings and presentations to public bodies othe'r than those listed
3. Geotechnical investigation
4. Civil, Electrical, Mechanical or Structural Engineering
5. Construction Drawings
6. Utility Survey ,
7. Off Site Improvements --street, traffic lights and utility runs
'8. CEQA documentation
9.. Permit fees and applications
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EXHIBIT "B"
SCHEDULE OF PERFORMANCE
CONsuLTANT shall perfonn 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 ofthe project managers for CONSULTANT and CITY so
long as all work is completed within the tenn ofthe 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
1. Task 1
2. Task 2 "
3. Task 3
4. Task 4
5, Task 5
6. Task 6
. . 13. .
Completion
. No. of Working. Days
12 Days
43 Days
66 Days
118 Days
50 Days
10 Days
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EXHIBIT "C"
COMPENSi\TION
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 shalr not exceed
$6900. 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 $15,000. 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.
CONSULT~ shall perform the tasks and categories of work as out~ined and budgeted
. below., The CITY's Representative may approve in wrIting the transfer of budget amounts
between anyofthe tasks or categories listed below provided the 'total compensation for Basic
Services, including reimbursable expenses, does not exceed $135,000 and the total
compensation for Additional Services does not exceed $150,000 .
BUDGET SCHEDULE
Task 1 (project Initiation)
Task'2 (Site Survey, Analysis & Report)
Task 3 (Design Development)
Task 4 (Draft Master Plan)
Task 5 (Master Plan) .
Task 6 (Final Project Deliverables)
Sub-total Basic Services
Reimbursable Expenses
. NOT TO EXCEED AMOUNT
$6,000.00
$36,800.00
$28,600.00
$31,200.00
$23,400.00
$2,100.00
Total Basic Se~ices and Reimbursable expenses
Additional Services (N otto Exceed)
$128,100
$6,900
$135,000 .
$5,000
$140,000 Maximum Total Compensation
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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 CONSULTANTshall be reimbursed are: $6900
A. Travel outside the San Francisco Bay area, including transportation and meals, will be
reimbursed at actual cost subj ect 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 anticf'patedto be more than $100 shall be approved in advanc'e'bythe qTY's, .
proje~t ~anager. ' ,
ADDITIONAL SERVICES
I • .,
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 maximuJ?1 compensation, includirig 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 Finance Department 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:
Extra City Council Meetings
Extra Community Meetings
Extra City Advisory Board Meetings
Expanded Traffic Study Report
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EXHIBITC-l
, SCHEDULE OF RATES
CHARGE RATE SCHEDULE1
Project Rates
Principal $185.00 per hour
Project Manager/Construction Manager
Level Four' $160.00 per hour
Level Three $140.00 per hour
Level Two ' , $130.00 per hour
Level One $125.00 per hour
Systems Administrator $135.00 per hour
Project Designer' '$120.00 per hour
Job Captain/Staff Engineer/Construction Administrator $115.00 per hour
Draftsperson Level" ,,:. $105:00 per hour '. '. ,
Draftsperson Levell $95.00 per hour
Project Administrator $80.00 per hour
Intern $70.00 per hour
Reimbursable Rates
Blueprints, Printing and Reproductions Cost plus 10%
Cost plus 10% Sub Consultant Services
Reimbursable Expenses
Blueprints and Reproductions
Photography
Models and Renderings
Postage/Overnight Mail Service
Travel Expenses
Parking and Toll Expenses
Permit Fees
Courier Delivery Service
Charge Rates for Subcontractor's for Rinconada Park. David J. Powers & Associates:
SENIOR PRINCIPAL
PRINCIPAL PROJECT MANAGER
SENIOR ENVIRONMENTAL SPECIALIST,
SENIOR PROJECT MANAGER
ENVIRONMENTAL SPECIALIST
PROJECT MANAGER
ASSOCIATE PROJECT MANAGER
ASSISTANT PROJECT MANAGER
RESEARCHER ,
DRAFTSPERSON/GRAPHIC ARTIST
, DOCUMENT PROCESSOR/QUALITY CONTROL
ADMINISTRATIVE MANAGER
,OFFICE SUPPORT
$ 250.00 PER HOUR
$ 220,00 PER HOUR
$195.00 PER HOl:JR
$175.00 PER HOUR
$'160.00 PER HOUR
$150.00 PER HOUR
$ 135.00 PER HOUR
$ 110.00 PER HOUR
$ 95.00 PER HOUR
$ 85.00 PER HOUR
$ 85.00 PER HOUR
$ 85.00 PER HOUR
$ 70.00 PER HOUR
MATERIALS, OUTSIDE SERVICES AND SUBCONSULTANTS INCLUDE A 15% ADMINISTRATION FEE.
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MILEAGE WILL BE CHARGED PER THE CURRENT IRS STANDARD MILEAGE RATE AT THE TIME COSTS
OCCUR.
SUBJECT TO REVISION JANUARY 2012
David J, Powers & Associates, Inc. provides regular,. clear and accurate Invoices as the work on this project
proceeds, in accordance with normal company billing procedures. Th~ cost estimate prepared for this project does
not include special accounting or bookkeeping procedures, nor does it Include preparation of extraordinal)( or unique
statements or Invoices. If a special Invoice or accounting process is requested, the service can be provided on a
time and materials basis.
Charge Rates for SubcontrClctor's for Rinconada Park. Fehr & Peers:
Robert Eckols Senior Associate II
Nicole Nagaya Senior Engineer/Planner II
Franzlska Church Senior Englneer/Plan·ner II
Katherine Spencer Sr Eng Technician III (Graphics)
Kevin Chen Engineer/Planner II , . . , .. ..
Monica Altmaler Engineer/Planner II
Ian Barnes Engineer/Planner I
Stephanie Gonzalez En(lineer Planner I
Alexandra Sweet E~glneer/Pianner I
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$
$
$
$
$
$
$
$
$
225.00
150.00
145.00
135.00
120.00
115.00
110.00
105.00
105.00
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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 WITHAM
BEST'S KEY RATING OF A-:VIJ, 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:
MINIMUM LIMITS
REQUIRED TYPE OF C9VERAGE REQUIREMENT EACH
YES
YES
YES
YES
YES
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 BODILY INJURY & PROPERTY DAMAGE $1,000,000 $1,000,000
LIABILITY COMBINED.
BODILY INJURY , $1,000,000 $1,000,000 -EACH PERSON $1,000,000 $1,000,000 . EAGlI OCCURRENCE
AutOMOBILE LIABILITY, INCLUDING '. $1,000,000 $1,000,000
ALLOWNED, HIRED, NON·OWNED PROPERTY DAMAGE $1,000,000 $1,000,000.
, ,
BODILY INJURY AND PROPERTY $1,000,000 $1,000,000
DAMAGE COMBINED
PROFESSIONAL LIABILITY, INCLUDING,
E~ORS AND OMISSIONS,
MALPRACTICE (WHEN APPLICABLE),
AND NEGLIGENT PERFORMANCE ALL DAMAGES $1000000
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 FOReE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT AGREEMENT,
THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOt ONLY CONTRACTOR AND ITS SUB CONSULTANTS, 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
CONTRACTqR'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 CLA]MS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE AS
AFFORDED BY THIS' POLICY ]S PR]MARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING W]TH ANY OTHER
INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS.
B. CROSS LIABILITY
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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 ANOTH~R, 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 DA'l"E FOR ANY REASON OTHER
THANTHE'NON-PA YMENTOF 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·PA YMENT
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
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