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HomeMy WebLinkAboutStaff Report 7315 City of Palo Alto (ID # 7315) City Council Staff Report Report Type: Consent Calendar Meeting Date: 11/14/2016 City of Palo Alto Page 1 Summary Title: Eichler Guidelines Contract Title: Approval of Contract Number C17166399 With Page and Turnbull in the Amount of $105,930 to Prepare Architectural Design Guidelines for Eichler Neighborhoods and Assist the City of Palo Alto in the Implementation of Related Changes to the Individual Review (IR) Guidelines and/or Zoning Code, Adoption of Categorical Exemption Under Section 15061 of the California Environmental Quality Act Guidelines and Approval of a Related Budget Amendment in the General Fund From: City Manager Lead Department: Planning and Community Environment Recommendation: Staff recommends that Council: 1. Authorize the City Manager, or designee, to execute Contract C17166399 (Attachment A) with Page and Turnbull in the amount of $105,930 to: a. prepare architectural design guidelines for Eichler neighborhoods; and, b. assist the City of Palo Alto in the implementation of changes to the Individual Review (IR) guidelines or zoning code; and, 2. Adopt a Categorical Exemption under Sections 15061 of the California Environmental Quality Act; 3. Amend the Fiscal Year 2017 Budget Appropriation Ordinance in the General Fund by: a. Increasing the Planning and Community Environment Department’s contractual services appropriation by $105,930; and, b. Decreasing the Non-Departmental Planning and Transportation Contingency by $105,930 Executive Summary: Palo Alto contains approximately 21 neighborhoods or enclaves of Eichler residences. Two of these neighborhoods are historic districts listed in the National Register of Historic Places (Green Gables and Greenmeadow). Nine of these neighborhoods are zoned “Single Story Overlay” (SSO). City of Palo Alto Page 2 Staff requests Council approve a contract to retain Page and Turnbull as a consultant to produce architectural design guidelines for Eichler neighborhoods. The effort will include developing an understanding of the different Eichler neighborhoods, outreach to residents and owners about these neighborhoods and future redevelopment, and to establish guidelines and a review process to evaluate future new home construction. The scope for Page and Turnbull also includes assisting the City of Palo Alto implement related changes to the Individual Review (IR) guidelines and/or zoning code. As part of the FY 2017 budget process, the Finance Committee discussed at length a need for a contingency fund for various planning and transportation activities. One of the items discussed in both a May 23, 2016 Finance Committee budget report (viewable at: https://www.cityofpaloalto.org/civicax/filebank/documents/52505) and the June 13, 2016 Council budget staff report (#6932) was the use of this potential contingency fund for Council requested Eichler design guidelines. A background memo from Director Gitelman to City Manager Keene was also provided on May 23rd (Attachment B). Council approved the contingency fund allocation in the FY17 Adopted Budget on June 13, 2016. The project can be initiated as soon as the Council approves the contract. Staff estimates it will take 12 to 18 months to complete the effort, which will include mid-course check-ins with the City Council . Background & Discussion: Joseph Eichler developed a unique building typology during a key moment of mid-century growth and development in the Bay Area. In Palo Alto, 21 ‘Eichler’ neighborhoods were established in the 1950s and 1960s; two of these neighborhoods are listed in the National Register of Historic Places. Nine Eichler neighborhoods in Palo Alto have a ‘single story overlay’ zoning, which restricts new development and additions to single story development. (One of the Palo Alto Eichler neighborhoods has a substantial number of original two-story Eichler homes, and is not eligible for ‘single story overlay’ restrictions under the current zoning code.) Council Direction In 2015, Council approved two SSO rezoning applications (Los Arboles and Greer Park North). In 2016, Council rejected two SSO rezoning applications (Royal Manor and Faircourt #3 and #4). On May 2, 2016, during the discussion of the Royal Manor SSO proposal, Council directed staff to evaluate the feasibility of undertaking two possible initiatives in response to controversy surrounding the construction of two story homes in Eichler neighborhoods: A. Conduct a preliminary evaluation of a potential Eichler Overlay Zone or strengthening of IR guidelines for Eichler design and privacy compatibility (for second story additions); and B. Explore options for breaking up the petition and 'voting' process to determine the level of support for Single Story Overlays and Eichler Overlays. City of Palo Alto Page 3 Council directed staff to evaluate making allowances for second stories, and adjustments to setbacks (and “possibly other accommodations”), depending on the context of the lot. At the end of May, during the Fiscal Year 2017 budget process, staff indicated that, in conjunction with the Eichler Guidelines project, it would explore options for how to determine the level of support for SSOs and/or Eichler Overlay combining district, to address the Council- expressed need to ‘fix’ the SSO process issues. Council approved a contingency budget for the department to be used for this and other purposes. Eichler Guidelines & Related Code Changes The selected consultant, Page and Turnbull, is an architectural, planning and research firm. Staff will work with this consultant to conduct community outreach and develop design guidelines specific to Eichler neighborhoods, as other jurisdictions have done, and then to develop related regulations to be adopted as part of the IR Guidelines and/or the municipal code. The Consultant will begin work with a stakeholder group to define Eichler guideline parameters. Proposed revisions to the IR Guidelines and/or the municipal code would be reviewed by the Planning and Transportation Commission. Code changes are likely to be focused on Chapter 18.12; specifically, Sections 18.12.100 and 18.12.100:  Section 18.12.100 contains the Single Story Overlay (SSO) Regulations, which could be modified to improve the SSO process and possibly to establish a specific ‘Eichler Overlay’ combining district that would allow for compatible second story additions and provide site compatibility criteria.  Section 18.12.110 contains the Individual Review program, which could be modified to require review of projects with specific Eichler guidelines for second floor additions and new two story homes for design and privacy compatibility with nearby homes in Eichler tracts. The section could also be modified to require a review process for one-story homes in Eichler tracts. The revised zoning code and/or IR guidelines document(s) would be reviewed concurrently with the Eichler Neighborhood Design Guidelines. Consultant Selection The City released a Request for Statements of Qualifications (SOQs) for this project on August 8, 2016 with a submittal deadline of August 22, 2016. Three firms responded. Only the responses of Page and Turnbull were judged to have met the City’s criteria: Qualifications and experience of the staff assigned to the project; Proposal quality and completeness; and Ability to perform the work. City of Palo Alto Page 4 Following receipt of three SOQs, staff requested that Page and Turnbull submit a proposal. Staff reviewed the proposal and selected the consultant based on proposal content and the firm’s superior knowledge of historic preservation, architecture, and planning and the ability to complete the projects in a timely fashion. Page and Turnbull demonstrated successfully completed design guidelines for other cities, and demonstrated strong skills during preparation of the Professorville District Design Guidelines for Palo Alto. Policy Implications: The City’s Comprehensive Plan contains several goals, policies and programs related to design of buildings and residential neighborhoods, and historic preservation. These are provided in Attachment C. The Comprehensive Plan policies and programs listed are those with which the Eichler Guidelines effort will be consistent. Resource Impact: Funding in the amount of $105,930 is available in the Fiscal Year 2017 Adopted Budget Planning and Transportation Contingency to cover this work. Staff requests that Council authorize the use of the Planning and Community Environment Contingency by approving a budget amendment, increasing the Planning and Community Environment Department appropriation for contracting and decreasing the Planning and Transportation Contingency. Timeline: Shortly after execution of a contract, staff will meet with the consultant to begin work. Environmental Review: Approval of these contracts is exempt from environmental review under Section 15061 of the California Environmental Quality Act (CEQA) Guidelines because it can be seen with certainty that the contract approval will not have a significant effect on the environment. Additional environmental review may be required and will be completed as necessary for specific projects utilizing consultant services under this contract. Attachments:  Attachment A: C17166399 Page and Turnbull Contract (PDF)  Attachment B: Memo Regarding the Addition of this Project to the Work Program (DOCX)  Attachment C: Comp Plan Policies Programs supporting Eichler Guidelines (DOCX) CITY OF PALO ALTO CONTRACT NO. C17165226 AGREEMENT BETWEEN THE CITY OF PALO ALTO AND PAGE & TURNBULL, INC. FOR PROFESSIONAL SERVICES This Agreement is entered into on this 14th day of November, 2016, (“Agreement”) by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and PAGE & TURNBULL, INC., a California corporation, located at 417 Montgomery Street, Eight Floor, San Francisco, California, 94104 ("CONSULTANT"). RECITALS The following recitals are a substantive portion of this Agreement. A. CITY intends to revise the Eichler Neighborhood Design Guidelines IR Guidelines/Code (“Project”) and desires to engage a consultant to provide services in connection with the Project (“Services”). B. CONSULTANT has represented that it has the necessary professional expertise, qualifications, and capability, and all required licenses and/or certifications to provide the Services. C. CITY in reliance on these representations desires to engage CONSULTANT to provide the Services as more fully described in Exhibit “A”, attached to and made a part of this Agreement. NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, in this Agreement, the parties agree: AGREEMENT SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described at Exhibit “A” in accordance with the terms and conditions contained in this Agreement. The performance of all Services shall be to the reasonable satisfaction of CITY. SECTION 2. TERM. The term of this Agreement shall be from the date of its full execution through November 13, 2017 unless terminated earlier pursuant to Section 19 of this Agreement. SECTION 3. SCHEDULE OF PERFORMANCE. Time is of the essence in the performance of Services under this Agreement. CONSULTANT shall complete the Services within the term of this Agreement and in accordance with the schedule set forth in Exhibit “B”, attached to and made a part of this Agreement. Any Services for which times for performance are not specified in this Agreement shall be commenced and completed by CONSULTANT in a reasonably prompt and timely manner based upon the circumstances and direction communicated to the CONSULTANT. CITY’s agreement to extend the term or the schedule for performance shall not preclude recovery of damages for delay if the extension is required due to the fault of CONSULTANT. DocuSign Envelope ID: 56563D9E-6C8D-45B2-9D16-B39BABCBFA41 Professional Services Rev. April 27, 2016 2 SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to CONSULTANT for performance of the Services described in Exhibit “A” (“Basic Services”), and reimbursable expenses, shall not exceed One Hundred Five Thousand Nine Hundred Thirty Dollars ($105,930.00). CONSULTANT agrees to complete all Basic Services, including reimbursable expenses, within this amount. The applicable rates and schedule of payment are set out at Exhibit “C-1”, entitled “HOURLY RATE SCHEDULE,” which is attached to and made a part of this Agreement. 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. Additional Services, if any, shall be authorized in accordance with and subject to the provisions of Exhibit “C”. CONSULTANT shall not receive any compensation for Additional Services performed without the prior written authorization of CITY. Additional Services shall mean any work that is determined by CITY to be necessary for the proper completion of the Project, but which is not included within the Scope of Services described at Exhibit “A”. SECTION 5. INVOICES. In order to request payment, CONSULTANT shall submit monthly invoices to the CITY describing the services performed and the applicable charges (including an identification of personnel who performed the services, hours worked, hourly rates, and reimbursable expenses), based upon the CONSULTANT’s billing rates (set forth in Exhibit “C- 1”). If applicable, the invoice shall also describe the percentage of completion of each task. The information in CONSULTANT’s payment requests shall be subject to verification by CITY. CONSULTANT shall send all invoices to the City’s project manager at the address specified in Section 13 below. The City will generally process and pay invoices within thirty (30) days of receipt. SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All of the Services shall be performed by CONSULTANT or under CONSULTANT’s supervision. CONSULTANT represents that it possesses the professional and technical personnel necessary to perform the Services required by this Agreement and that the personnel have sufficient skill and experience to perform the Services assigned to them. CONSULTANT represents that it, its employees and subconsultants, if permitted, have and shall maintain during the term of this Agreement all licenses, permits, qualifications, insurance and approvals of whatever nature that are legally required to perform the Services. All of the services to be furnished by CONSULTANT under this agreement shall meet the professional standard and quality that prevail among professionals in the same discipline and of similar knowledge and skill engaged in related work throughout California under the same or similar circumstances. SECTION 7. COMPLIANCE WITH LAWS. CONSULTANT shall keep itself informed of and in compliance with all federal, state and local laws, ordinances, regulations, and orders that may affect in any manner the Project or the performance of the Services or those engaged to perform Services under this Agreement. CONSULTANT shall procure all permits and licenses, pay all charges and fees, and give all notices required by law in the performance of the Services. SECTION 8. ERRORS/OMISSIONS. CONSULTANT is solely responsible for costs, DocuSign Envelope ID: 56563D9E-6C8D-45B2-9D16-B39BABCBFA41 Professional Services Rev. April 27, 2016 3 including, but not limited to, increases in the cost of Services, arising from or caused by CONSULTANT’s errors and omissions, including, but not limited to, the costs of corrections such errors and omissions, any change order markup costs, or costs arising from delay caused by the errors and omissions or unreasonable delay in correcting the errors and omissions. SECTION 9. COST ESTIMATES. If this Agreement pertains to the design of a public works project, CONSULTANT shall submit estimates of probable construction costs at each phase of design submittal. If the total estimated construction cost at any submittal exceeds ten percent (10%) of CITY’s stated construction budget, CONSULTANT shall make recommendations to CITY for aligning the PROJECT design with the budget, incorporate CITY approved recommendations, and revise the design to meet the Project budget, at no additional cost to CITY. SECTION 10. INDEPENDENT CONTRACTOR. It is understood and agreed that in performing the Services under this Agreement CONSULTANT, and any person employed by or contracted with CONSULTANT to furnish labor and/or materials under this Agreement, shall act as and be an independent contractor and not an agent or employee of CITY. SECTION 11. ASSIGNMENT. The parties agree that the expertise and experience of CONSULTANT are material considerations for this Agreement. CONSULTANT shall not assign or transfer any interest in this Agreement nor the performance of any of CONSULTANT’s obligations hereunder without the prior written consent of the city manager. Consent to one assignment will not be deemed to be consent to any subsequent assignment. Any assignment made without the approval of the city manager will be void. SECTION 12. SUBCONTRACTING. CONSULTANT shall not subcontract any portion of the work to be performed under this Agreement without the prior written authorization of the city manager or designee. CONSULTANT shall be responsible for directing the work of any subconsultants 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 of a subconsultant. CONSULTANT shall change or add subconsultants only with the prior approval of the city manager or his designee. SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Ruth Todd as the Principal to have supervisory responsibility for the performance, progress, and execution of the Services and Christina Dikas as the project Manager to represent CONSULTANT during the day-to-day work on the Project. If circumstances cause the substitution of the project director, project coordinator, or any other key personnel for any reason, the appointment of a substitute project director and the assignment of any key new or replacement personnel will be subject to the prior written approval of the CITY’s project manager. CONSULTANT, at CITY’s request, shall promptly remove personnel who CITY finds do not perform the Services in an acceptable manner, are uncooperative, or present a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property. CITY’s project manager is Amy French, Planning & Community Environment Department, 250 DocuSign Envelope ID: 56563D9E-6C8D-45B2-9D16-B39BABCBFA41 Professional Services Rev. April 27, 2016 4 Hamilton Avenue, Palo Alto, CA 94303, Telephone: (650)329-2336. The project manager will be CONSULTANT’s point of contact with respect to performance, progress and execution of the Services. 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. Neither CONSULTANT nor its contractors, if any, shall make any of such materials available to any individual or organization without the prior written approval of the City Manager or designee. CONSULTANT makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the scope of work. SECTION 15. AUDITS. CONSULTANT will permit CITY to audit, at any reasonable time during the term of this Agreement and for three (3) years thereafter, CONSULTANT’s records pertaining to matters covered by this Agreement. CONSULTANT further agrees to maintain and retain such records for at least three (3) years after the expiration or earlier termination of this Agreement. SECTION 16. INDEMNITY. 16.1. To the fullest extent permitted by law, CONSULTANT shall protect, indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents (each an “Indemnified Party”) from and against any and all demands, claims, or liability of any nature, including death or injury to any person, property damage or any other loss, including all costs and expenses of whatever nature including attorneys fees, experts fees, court costs and disbursements (“Claims”) that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of 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 right of indemnification. The provisions of this Section 16 shall survive the expiration or early termination of this Agreement. SECTION 17. WAIVERS. The waiver by either party of any breach or violation of any covenant, term, condition or provision of this Agreement, or of the provisions of any ordinance or law, will not be deemed to be a waiver of any other term, covenant, condition, provisions, ordinance or law, or of any subsequent breach or violation of the same or of any other term, covenant, condition, provision, ordinance or law. DocuSign Envelope ID: 56563D9E-6C8D-45B2-9D16-B39BABCBFA41 Professional Services Rev. April 27, 2016 5 SECTION 18. INSURANCE. 18.1. CONSULTANT, at its sole cost and expense, shall obtain and maintain, in full force and effect during the term of this Agreement, the insurance coverage described in Exhibit "D". CONSULTANT and its contractors, if any, shall obtain a policy endorsement naming CITY as an additional insured under any general liability or automobile policy or policies. 18.2. All insurance coverage required hereunder shall be provided through carriers with AM Best’s Key Rating Guide ratings of A-:VII or higher which are licensed or authorized to transact insurance business in the State of California. Any and all contractors of CONSULTANT retained to perform Services under this Agreement will obtain and maintain, in full force and effect during the term of this Agreement, identical insurance coverage, naming CITY as an additional insured under such policies as required above. 18.3. Certificates evidencing such insurance shall be filed with CITY concurrently with the execution of this Agreement. The certificates will be subject to the approval of CITY’s Risk Manager and will contain an endorsement stating that the insurance is primary coverage and will not be canceled, or materially reduced in coverage or limits, by the insurer except after filing with the Purchasing Manager thirty (30) days' prior written notice of the cancellation or modification. If the insurer cancels or modifies the insurance and provides less than thirty (30) days’ notice to CONSULTANT, CONSULTANT shall provide the Purchasing Manager written notice of the cancellation or modification within two (2) business days of the CONSULTANT’s receipt of such notice. CONSULTANT shall be responsible for ensuring that current certificates evidencing the insurance are provided to CITY’s Chief Procurement Officer during the entire term of this Agreement. 18.4. The procuring of such required policy or policies of insurance will not be construed to limit CONSULTANT's liability hereunder nor to fulfill the indemnification provisions of this Agreement. Notwithstanding the policy or policies of insurance, CONSULTANT will be obligated for the full and total amount of any damage, injury, or loss caused by or directly arising as a result of the Services performed under this Agreement, including such damage, injury, or loss arising after the Agreement is terminated or the term has expired. SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES. 19.1. The City Manager may suspend the performance of the Services, in whole or in part, or terminate this Agreement, with or without cause, by giving ten (10) days prior written notice thereof to CONSULTANT. Upon receipt of such notice, CONSULTANT will immediately discontinue its performance of the Services. 19.2. CONSULTANT may terminate this Agreement or suspend its performance of the Services by giving thirty (30) days prior written notice thereof to CITY, but only in the event of a substantial failure of performance by CITY. DocuSign Envelope ID: 56563D9E-6C8D-45B2-9D16-B39BABCBFA41 Professional Services Rev. April 27, 2016 6 19.3. Upon such suspension or termination, CONSULTANT shall deliver to the City Manager immediately any and all copies of studies, sketches, drawings, computations, and other data, whether or not completed, prepared by CONSULTANT or its contractors, if any, or given to CONSULTANT or its contractors, if any, in connection with this Agreement. Such materials will become the property of CITY. 19.4. Upon such suspension or termination by CITY, CONSULTANT will be paid for the Services rendered or materials delivered to CITY in accordance with the scope of services on or before the effective date (i.e., 10 days after giving notice) of suspension or termination; provided, however, if this Agreement is suspended or terminated on account of a default by CONSULTANT, CITY will be obligated to compensate CONSULTANT only for that portion of CONSULTANT’s services which are of direct and immediate benefit to CITY as such determination may be made by the City Manager acting in the reasonable exercise of his/her discretion. The following Sections will survive any expiration or termination of this Agreement: 14, 15, 16, 19.4, 20, and 25. 19.5. No payment, partial payment, acceptance, or partial acceptance by CITY will operate as a waiver on the part of CITY of any of its rights under this Agreement. SECTION 20. NOTICES. All notices hereunder will be given in writing and mailed, postage prepaid, by certified mail, addressed as follows: To CITY: Office of the City Clerk City of Palo Alto Post Office Box 10250 Palo Alto, CA 94303 With a copy to the Purchasing Manager To CONSULTANT: Attention of the project director at the address of CONSULTANT recited above SECTION 21. CONFLICT OF INTEREST. 21.1. In accepting this Agreement, CONSULTANT covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services. 21.2. CONSULTANT further covenants that, in the performance of this Agreement, it will not employ subconsultants, contractors or persons having such an interest. CONSULTANT certifies that no person who has or will have any financial interest under this Agreement is an officer or employee of CITY; this provision will be interpreted in accordance with the applicable provisions of the Palo Alto Municipal Code and the Government Code of the State of California. DocuSign Envelope ID: 56563D9E-6C8D-45B2-9D16-B39BABCBFA41 Professional Services Rev. April 27, 2016 7 21.3. If the Project Manager determines that CONSULTANT is a “Consultant” as that term is defined by the Regulations of the Fair Political Practices Commission, CONSULTANT shall be required and agrees to file the appropriate financial disclosure documents required by the Palo Alto Municipal Code and the Political Reform Act. SECTION 22. NONDISCRIMINATION. As set forth in Palo Alto Municipal Code section 2.30.510, CONSULTANT certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person because of the race, skin color, gender, age, religion, disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status, weight or height of such person. CONSULTANT acknowledges that it has read and understands the provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section 2.30.510 pertaining to nondiscrimination in employment. SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE REQUIREMENTS. CONSULTANT shall comply with the CITY’s Environmentally Preferred Purchasing policies which are available at CITY’s Purchasing Department, incorporated by reference and may be amended from time to time. CONSULTANT shall comply with waste reduction, reuse, recycling and disposal requirements of CITY’s Zero Waste Program. Zero Waste best practices include first minimizing and reducing waste; second, reusing waste and third, recycling or composting waste. In particular, CONSULTANT shall comply with the following zero waste requirements: (a) All printed materials provided by CCONSULTANT to CITY generated from a personal computer and printer including but not limited to, proposals, quotes, invoices, reports, and public education materials, shall be double-sided and printed on a minimum of 30% or greater post-consumer content paper, unless otherwise approved by CITY’s Project Manager. Any submitted materials printed by a professional printing company shall be a minimum of 30% or greater post- consumer material and printed with vegetable based inks. (b) Goods purchased by CONSULTANT on behalf of CITY shall be purchased in accordance with CITY’s Environmental Purchasing Policy including but not limited to Extended Producer Responsibility requirements for products and packaging. A copy of this policy is on file at the Purchasing Division’s office. (c) Reusable/returnable pallets shall be taken back by CONSULTANT, at no additional cost to 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. COMPLIANCE WITH PALO ALTO MINIMUM WAGE ORDINANCE. CONSULTANT shall comply with all requirements of the Palo Alto Municipal Code Chapter 4.62 (Citywide Minimum Wage), as it may be amended from time to time. In particular, for any employee otherwise entitled to the State minimum wage, who performs at least two (2) hours of work in a calendar week within the geographic boundaries of the City, CONSULTANT shall pay such employees no less than the minimum wage set forth in Palo Alto Municipal Code section 4.62.030 for each hour worked within the geographic boundaries of the City of Palo Alto. In addition, CONSULTANT shall post notices regarding the Palo Alto Minimum Wage Ordinance in accordance with Palo Alto Municipal Code section 4.62.060. DocuSign Envelope ID: 56563D9E-6C8D-45B2-9D16-B39BABCBFA41 Professional Services Rev. April 27, 2016 8 SECTION 25. NON-APPROPRIATION 25.1. This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code. This Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Agreement are no longer available. This section shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Agreement. SECTION 26. PREVAILING WAGES AND DIR REGISTRATION FOR PUBLIC WORKS CONTRACTS 26.1 This Project is not subject to prevailing wages. CONSULTANT is not required to pay prevailing wages in the performance and implementation of the Project in accordance with SB 7 if the contract is not a public works contract, if the contract does not include a public works construction project of more than $25,000, or the contract does not include a public works alteration, demolition, repair, or maintenance (collectively, ‘improvement’) project of more than $15,000. SECTION 27. MISCELLANEOUS PROVISIONS. 27.1. This Agreement will be governed by the laws of the State of California. 27.2. In the event that an action is brought, the parties agree that trial of such action will be vested exclusively in the state courts of California in the County of Santa Clara, State of California. 27.3. The prevailing party in any action brought to enforce the provisions of this Agreement may recover its reasonable costs and attorneys' fees expended in connection with that action. The prevailing party shall be entitled to recover an amount equal to the fair market value of legal services provided by attorneys employed by it as well as any attorneys’ fees paid to third parties. 27.4. This document represents the entire and integrated agreement between the parties and supersedes all prior negotiations, representations, and contracts, either written or oral. This document may be amended only by a written instrument, which is signed by the parties. 27.5. The covenants, terms, conditions and provisions of this Agreement will apply to, and will bind, the heirs, successors, executors, administrators, assignees, and consultants of the parties. 27.6. If a court of competent jurisdiction finds or rules that any provision of this Agreement or any amendment thereto is void or unenforceable, the unaffected provisions of this Agreement and any amendments thereto will remain in full force and effect. DocuSign Envelope ID: 56563D9E-6C8D-45B2-9D16-B39BABCBFA41 Professional Services Rev. April 27, 2016 9 27.7. All exhibits referred to in this Agreement and any addenda, appendices, attachments, and schedules to this Agreement which, from time to time, may be referred to in any duly executed amendment hereto are by such reference incorporated in this Agreement and will be deemed to be a part of this Agreement. 27.8 In the event of a conflict between the terms of this Agreement and the exhibits hereto or CONSULTANT’s proposal (if any), the Agreement shall control. In the case of any conflict between the exhibits hereto and CONSULTANT’s proposal, the exhibits shall control. 27.9 If, pursuant to this contract with CONSULTANT, CITY shares with CONSULTANT personal information as defined in California Civil Code section 1798.81.5(d) about a California resident (“Personal Information”), CONSULTANT shall maintain reasonable and appropriate security procedures to protect that Personal Information, and shall inform City immediately upon learning that there has been a breach in the security of the system or in the security of the Personal Information. CONSULTANT shall not use Personal Information for direct marketing purposes without City’s express written consent. 27.10 All unchecked boxes do not apply to this agreement. 27.11 The individuals executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities. 27.12 This Agreement may be signed in multiple counterparts, which shall, when executed by all the parties, constitute a single binding agreement DocuSign Envelope ID: 56563D9E-6C8D-45B2-9D16-B39BABCBFA41 Professional Services Rev. April 27, 2016 10 CONTRACT No. C17166399 SIGNATURE PAGE IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement on the date first above written. CITY OF PALO ALTO APPROVED AS TO FORM: PAGE & TURNBULL, INC Attachments: EXHIBIT “A”: SCOPE OF SERVICES EXHIBIT “B”: SCHEDULE OF PERFORMANCE EXHIBIT “C”: COMPENSATION EXHIBIT “C-1”: SCHEDULE OF RATES EXHIBIT “D”: INSURANCE REQUIREMENTS DocuSign Envelope ID: 56563D9E-6C8D-45B2-9D16-B39BABCBFA41 Principal Ruth Todd x Tom Dufurrena Professional Services Rev. April 27, 2016 11 EXHIBIT “A” SCOPE OF SERVICES CONSULTANT shall complete the Eichler Neighborhood Design Guidelines IR Guidelines/Code Revisions: Task 1. Kick-off Tasks b) Review Existing Documentation/Best Practices Research: CONSULTANT will review information related to previous design review of Eichlers in Palo Alto; existing Eichler Design Guidelines from other municipalities such as Sunnyvale and Cupertino; and other best practices research regarding Eichler or mid-century modern design guidelines, as needed. CONSULTANT will incorporate existing relevant research information into the early chapters of the Eichler Neighborhood Design Guidelines document. CONSULTANT will also review the existing IR guidelines and/or the Zoning Code, in particular the Single Story Overlay Regulations c) Kick-Off Meeting and Walking/Driving Tour: CONSULTANT will schedule a kick-off meeting with CITY staff to review the project objectives, confirm the schedule of deliverables, and coordinate the work plan. CONSULTANT may also share examples of other Eichler or mid-century modern resource guidelines to elicit feedback and develop a vision of the final product. This meeting will include a discussion of logistics, agendas, and goals for public participation. Following the kick-off meeting, CONSULTANT will tour the Eichler neighborhoods with CITY staff. CONSULTANT envisions this as a ‘show and tell’ tour that will introduce the key issues that must be addressed. Task 2. Preparation of the Design Guidelines a) Design Guidelines Outline: With a thorough understanding of the project goals, CONSULTANT will design an approach to developing the Guidelines in a way that addresses the issues, concerns, and input to date. CONSULTANT will revisit the work plan, assign responsibilities to each team member, and move forward with the production of a recommended draft document outline. b) Field Reconnaissance & Digital Photography: In addition to information gleaned from the Kick-off Meeting and Walking/Driving Tour, CONSULTANT will return to digitally photograph many of the buildings in the Eichler neighborhoods. CONSULTANT will also photograph streetscapes and site features, and record all relevant information necessary to identify character-defining features and elements. These images will inform findings and be used in CONSULTANT’S work sessions and presentations. DocuSign Envelope ID: 56563D9E-6C8D-45B2-9D16-B39BABCBFA41 Professional Services Rev. April 27, 2016 12 c) Administrative Draft Eichler Neighborhood Design Guidelines: Following, CITY staffs review of the outline, CONSULTANT will develop a draft of the Eichler Neighborhood Design Guidelines, including written and illustrated content. CONSULTANT will involve the CITY in the writing process to the extent desired. CONSULTANT will confer with CITY staff throughout the guidelines development process. The document will be submitted as an Administrative Draft to the CITY and Advisory Committee for review. d) Response to Administrative Draft - CITY and Advisory Committee Comments: CONSULTANT will review and respond to one (1) set of CITY and Advisory Committee consolidated comments to the Administrative Draft. CONSULTANT will respond to these comments in a Response to Comments table. e) Public Draft Eichler Neighborhood Design Guidelines: CONSULTANT will incorporate client approved comments to the Administrative Draft and publish a Public Draft Eichler Neighborhood Design Guidelines for public comment. The Public Draft Guidelines will be presented at the second community workshop and two public hearings, as part of an anticipated 12-week public comment review period. f) Response to Public Draft Guidelines Comments: CONSULTANT will respond to one (1) set of client-approved and consolidated written comments from the CITY and the public in a Response to Comments table. This will include comments from the Historic Resources Board and the Planning Commission. g) Revised Draft Eichler Neighborhood Design Guidelines: CONSULTANT will incorporate staff-directed comments to the Public Draft and publish the Revised Eichler Neighborhood Design Guidelines, which will be presented to CITY Council. h) Response to CITY Council Comments: CONSULTANT will respond to one (1) set of client-approved and consolidated written comments from the CITY Council in a Response to Comments table. i) Final Eichler Neighborhood Design Guidelines: CONSULTANT will incorporate client-directed comments to the Revised Guidelines and publish the Final Eichler Neighborhood Design Guidelines. Task 3. Individual Review (IR) Guidelines and/or Zoning Code Revisions The CITY Council directed staff to “return to Council with a preliminary evaluation of an Eichler overlay zone or strengthening the Individual Review (IR) Guidelines to incorporate DocuSign Envelope ID: 56563D9E-6C8D-45B2-9D16-B39BABCBFA41 Professional Services Rev. April 27, 2016 13 Eichler design and privacy compatibility where appropriate, and depending on the context of the lot, make allowance for second stories, adjustments to setbacks and possibly other accommodations.” In tandem with development of the Eichler Neighborhood Design Guidelines, CONSULTANT will work with CITY staff to revise one or both of the following review processes that may be implemented:  Modifications to Zoning Code: (PAMC) Chapter 18.12 Section 18.12.100, the Single Story Overlay (SSO) Regulations with respect to creating a process and guidelines for a specific ‘Eichler Overlay’ combining district that would allow for compatible second story additions and site compatibility criteria.  Modifications to the IR guidelines: (and/or amend PAMC Section 18.12.110) with respect to setting forth specific Eichler guidelines for staff review of design and privacy compatibility of proposed second story additions and new two story homes in Eichler tracts. The revised zoning code and/or IR guidelines document(s) will be reviewed concurrently with the Eichler Neighborhood Design Guidelines milestones, including an Administrative Draft, Public Draft, Revised Draft, and Final. DocuSign Envelope ID: 56563D9E-6C8D-45B2-9D16-B39BABCBFA41 Professional Services Rev. April 27, 2016 14 EXHIBIT “B” SCHEDULE OF PERFORMANCE CONSULTANT shall perform the Services so as to complete each milestone within the number of days/weeks specified below. The time to complete each milestone may be increased or decreased by mutual written agreement of the project managers for CONSULTANT and CITY so long as all work is completed within the term of the Agreement. Task 1(a), Task 2(a), Task 2(b): Consultant reviews background materials, conducts fieldwork and research, and prepares the draft outline November 2016 Task 1(b): Kick-off Meeting and Walking/Driving Tour with City staff and consultant November 2016 Task 2(a): Consultant submits draft outline of Design Guidelines to City staff for review and comment November 2016 Task 4(a): Advisory Committee meeting #1 December 2016 Task 4(b): Introductory Community Workshop January 2017 Task 3(a): IR Guidelines/Zoning Code Workshop with Client Team January 2017 Activity Timeframe Task 2(c), Task 3(b): Consultant develops Administrative Draft Design Guidelines document and zoning code/IR Guidelines modifications January – March 2017 City Staff Progress Report #2: Draft outline February 2017 Task 2(c), Task 3(b): Consultant submits the Administrative Draft to City staff March 2017 Advisory Committee Review and Comment on Administrative Draft via email to staff March - April 2017 Task 2(d), Task 3(c): Consultant consolidates comments into Response to Comments tables March – April 2017 City Staff Progress Report #3: Draft Eichler Neighborhood Design Guidelines and zoning code/IR Guidelines modifications April 2017 Task 2(e), Task 3(d): Consultant revises Design Guidelines and zoning code/IR Guidelines modifications, and submits Public Review Draft to City staff May 2017 DocuSign Envelope ID: 56563D9E-6C8D-45B2-9D16-B39BABCBFA41 Professional Services Rev. April 27, 2016 15 Public review period – Public Review Draft posted online and available at City offices; City receives comments via website, email, etc. May - July 2017 Task 4(c): Community Workshop #2 June 2017 Task 4(g): HRB meeting/ informational hearing June 2017 Task 4(g): PTC public hearing to provide comments and recommend adoption of the Eichler Neighborhood Design Guidelines and zoning code/IR Guidelines modifications July 2017 Task 2(f), Task 3(e): Consultant consolidates comments into Response to Comments tables May - August 2017 Task 2(g), Task 3(f): Consultant produces Revised Eichler Neighborhood Design Guidelines and zoning code/IR Guidelines modifications August 2017 Activity Timeframe Task 4(g): City Council hearing to review the Revised Eichler Neighborhood Design Guidelines and zoning code/IR Guidelines modifications and provide comments September 2017 Task 2(h), Task 3(g): Consultant consolidates comments into a Response to Comments tables September 2017 Task 2(i), Task 3(h): Consultant produces Final Eichler Neighborhood Design Guidelines and zoning code/IR Guidelines modifications October 2017 Progress Report #4: Final Eichler Neighborhood Design Guidelines and zoning code/IR Guidelines modifications October 2017 City staff posts the final Design Guidelines online and distributes/ makes available printed copies October 2017 DocuSign Envelope ID: 56563D9E-6C8D-45B2-9D16-B39BABCBFA41 Professional Services Rev. April 27, 2016 16 EXHIBIT “C” COMPENSATION The CITY agrees to compensate the CONSULTANT for professional services performed in accordance with the terms and conditions of this Agreement, and as set forth in the budget schedule below. Compensation shall be calculated based on the hourly rate schedule attached as exhibit C-1 up to the not to exceed budget amount for each task set forth below. CONSULTANT shall perform the tasks and categories of work as outlined and budgeted below. The CITY’s Project Manager may approve in writing the transfer of budget amounts between any of the tasks or categories listed below provided the total compensation for Basic Services, including reimbursable expenses, and the total compensation for Additional Services do not exceed the amounts set forth in Section 4 of this Agreement. BUDGET SCHEDULE NOT TO EXCEED AMOUNT Task 1 $6,020.00 (Kick Off ) Task 2 $38,800.00 (Preparation of Design Guidelines Report) Task 3 $22,700.00 (IR Guidelines/Zoning Code Revision) Task 4 $24,875.00 (Community Involvement & Public Hearings) Task 5 $8,535.00 (Meetings/Project Management) Sub-total Basic Services $100,930.00 Reimbursable Expenses $5,000.00 Total Basic Services and Reimbursable expenses $105,930.00 Maximum Total Compensation $105,930.00 REIMBURSABLE EXPENSES DocuSign Envelope ID: 56563D9E-6C8D-45B2-9D16-B39BABCBFA41 Professional Services Rev. April 27, 2016 17 The administrative, overhead, secretarial time or secretarial overtime, word processing, photocopying, in-house printing, insurance and other ordinary business expenses are included within the scope of payment for services and are not reimbursable expenses. CITY shall reimburse CONSULTANT for the following reimbursable expenses at cost. Expenses for which CONSULTANT shall be reimbursed are: A. Travel outside the San Francisco Bay area, including transportation and meals, will be reimbursed at actual cost subject to the City of Palo Alto’s policy for reimbursement of travel and meal expenses for City of Palo Alto employees. B. Long distance telephone service charges, cellular phone service charges, facsimile transmission and postage charges are reimbursable at actual cost. All requests for payment of expenses shall be accompanied by appropriate backup information. Any expense anticipated to be more than $500.00 shall be approved in advance by the CITY’s project manager. ADDITIONAL SERVICES The CONSULTANT shall provide additional services only by advanced, written authorization from the CITY. The CONSULTANT, at the CITY’s project manager’s request, shall submit a detailed written proposal including a description of the scope of services, schedule, level of effort, and CONSULTANT’s proposed maximum compensation, including reimbursable expense, for such services based on the rates set forth in Exhibit C-1. The additional services scope, schedule and maximum compensation shall be negotiated and agreed to in writing by the CITY’s Project Manager and CONSULTANT prior to commencement of the services. Payment for additional services is subject to all requirements and restrictions in this Agreement DocuSign Envelope ID: 56563D9E-6C8D-45B2-9D16-B39BABCBFA41 Professional Services Rev. April 27, 2016 18 EXHIBIT “C-1” SCHEDULE OF RATES Tasks 1- 5 will be completed for a fee of $105,930.00, to be billed on a percentage of completion basis. This fee includes expenses. Task Description Fee Per Task Total Hours 1 Kick-off Tasks Review Existing Documentation/Best Practices Research Kick-off Meeting and Walking Tour $ 6,020 48 2 Preparation of Design Guidelines Report Design Guidelines Outline Field Reconnaissance & Digital Photography Administrative Draft Eichler Design Guidelines Response to Comments on Administrative Draft Public Draft Eichler Design Guidelines Response to Comments on Public Draft Revised Draft Eichler Design Guidelines Response to Comments on Revised Draft Final Eichler Design Guidelines Submittal $ 38,800 326 DocuSign Envelope ID: 56563D9E-6C8D-45B2-9D16-B39BABCBFA41 Professional Services Rev. April 27, 2016 1 3 IR Guidelines/Zoning Code Revisions Workshop with Client Team Administrative Draft IR Guidelines/Zoning Code Revisions Response to Comments on Administrative Draft Public Draft IR Guidelines/Zoning Code Revisions Response to Comments on Public Draft Revised Draft IR Guidelines/Zoning Code Revisions Response to Comments on Revised Draft Final IR Guidelines/Zoning Code Revisions $ 22,700 178 4 Community Involvement and Public Hearings City Staff and Advisory Group Conference Calls (6) Prep and Introductory Community Workshop Public Draft Community Workshop Stakeholder Outreach Walking Tour and Brochure HRB, PTC, and City Council Hearing Presentations $ 24,875 48 5 Meetings/Project Management for 40 weeks Check-in Meetings/Progress Reports Project Management $ 8,535 63 Subtotal Fee and Hours $ 100,930 663 E Expenses @ approx. 5% Transportation; Printing and Materials; Incidental Services $ 5,000 Total Fee & Expenses and Hours $ 105,930 663 DocuSign Envelope ID: 56563D9E-6C8D-45B2-9D16-B39BABCBFA41 Professional Services Rev. April 27, 2016 2 PAGE & TURNBULL PROFESSIONAL FEE SCHEDULE Founding Principal $250.00–$300.00 per hour Principals $170.00–$250.00 per hour Associate Principals $130.00–$165.00 per hour Senior Associates $110.00–$160.00 per hour Architects $100.00–$150.00 per hour Associates $100.00–$125.00 per hour Designers, Conservators & Planners $75.00–$125.00 per hour Historians $85.00–$120.00 per hour Administrative Personnel $60.00–$120.00 per hour Architectural Assistants $45.00–$75.00 per hour DocuSign Envelope ID: 56563D9E-6C8D-45B2-9D16-B39BABCBFA41 Professional Services Rev. April 27, 2016 3 DocuSign Envelope ID: 56563D9E-6C8D-45B2-9D16-B39BABCBFA41 Professional Services Rev. April 27, 2016 4 EXHIBIT “D” INSURANCE REQUIREMENTS CONTRACTORS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITH AM BEST’S KEY RATING OF A-:VII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA. AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AS SPECIFIED, BELOW: REQUIRED TYPE OF COVERAGE REQUIREMENT MINIMUM LIMITS EACH OCCURRENCE AGGREGATE YES YES WORKER’S COMPENSATION EMPLOYER’S LIABILITY STATUTORY STATUTORY YES GENERAL LIABILITY, INCLUDING PERSONAL INJURY, BROAD FORM PROPERTY DAMAGE BLANKET CONTRACTUAL, AND FIRE LEGAL LIABILITY BODILY INJURY PROPERTY DAMAGE BODILY INJURY & PROPERTY DAMAGE COMBINED. $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 YES AUTOMOBILE LIABILITY, INCLUDING ALL OWNED, HIRED, NON-OWNED BODILY INJURY - EACH PERSON - EACH OCCURRENCE PROPERTY DAMAGE BODILY INJURY AND PROPERTY DAMAGE, COMBINED $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 YES PROFESSIONAL LIABILITY, INCLUDING, ERRORS AND OMISSIONS, MALPRACTICE (WHEN APPLICABLE), AND NEGLIGENT PERFORMANCE ALL DAMAGES $1,000,000 YES THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONTRACTOR, AT ITS SOLE COST AND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONTRACTOR AND ITS SUBCONSULTANTS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’ COMPENSATION, EMPLOYER’S LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES. I. INSURANCE COVERAGE MUST INCLUDE: A. A PROVISION FOR A WRITTEN THIRTY (30) DAY ADVANCE NOTICE TO CITY OF CHANGE IN COVERAGE OR OF COVERAGE CANCELLATION; AND B. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONTRACTOR’S AGREEMENT TO INDEMNIFY CITY. C. DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITY’S PRIOR APPROVAL. II. CONTACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE AT THE FOLLOWING URL: https://www.planetbids.com/portal/portal.cfm?CompanyID=25569. III. ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO “ADDITIONAL INSUREDS” A. PRIMARY COVERAGE WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS. DocuSign Envelope ID: 56563D9E-6C8D-45B2-9D16-B39BABCBFA41 Professional Services Rev. April 27, 2016 5 B. CROSS LIABILITY THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY. C. NOTICE OF CANCELLATION 1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER THAN THE NON-PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. 2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON- PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. VENDORS ARE REQUIRED TO FILE THEIR EVIDENCE OF INSURANCE AND ANY OTHER RELATED NOTICES WITH THE CITY OF PALO ALTO AT THE FOLLOWING URL: HTTPS://WWW.PLANETBIDS.COM/PORTAL/PORTAL.CFM?COMPANYID=25569 OR HTTP://WWW.CITYOFPALOALTO.ORG/GOV/DEPTS/ASD/PLANET_BIDS_HOW_TO.ASP DocuSign Envelope ID: 56563D9E-6C8D-45B2-9D16-B39BABCBFA41 Professional Services Rev. April 27, 2016 6 EXHIBIT “E” DIR REGISTRATION FOR PUBLIC WORKS CONTRACTS This Exhibit shall apply only to a contract for public works construction, alteration, demolition, repair or maintenance work, CITY will not accept a bid proposal from or enter into this Agreement with CONSULTANT without proof that CONSULTANT and its listed subcontractors are registered with the California Department of Industrial Relations (“DIR”) to perform public work, subject to limited exceptions. City requires CONSULTANT and its listed subcontractors to comply with the requirements of SB 854. CITY provides notice to CONSULTANT of the requirements of California Labor Code section 1771.1(a), which reads: “A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.” CITY gives notice to CONSULTANT and its listed subcontractors that CONSULTANT is required to post all job site notices prescribed by law or regulation and CONSULTANT is subject to SB 854-compliance monitoring and enforcement by DIR. CITY requires CONSULTANT and its listed subcontractors to comply with the requirements of Labor Code section 1776, including: Keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by, respectively, CONSULTANT and its listed subcontractors, in connection with the Project. The payroll records shall be verified as true and correct and shall be certified and made available for inspection at all reasonable hours at the principal office of CONSULTANT and its listed subcontractors, respectively. At the request of CITY, acting by its project manager, CONSULTANT and its listed subcontractors shall make the certified payroll records available for inspection or furnished upon request to the project manager within ten (10) days of receipt of CITY’s request. CITY requests CONSULTANT and its listed subcontractors to submit the certified payroll records to the project manager at the end of each week during the Project. If the certified payroll records are not produced to the project manager within the 10-day period, DocuSign Envelope ID: 56563D9E-6C8D-45B2-9D16-B39BABCBFA41 Professional Services Rev. April 27, 2016 7 then CONSULTANT and its listed subcontractors shall be subject to a penalty of one hundred dollars ($100.00) per calendar day, or portion thereof, for each worker, and CITY shall withhold the sum total of penalties from the progress payment(s) then due and payable to CONSULTANT. Inform the project manager of the location of CONSULTANT’s and its listed subcontractors’ payroll records (street address, city and county) at the commencement of the Project, and also provide notice to the project manager within five (5) business days of any change of location of those payroll records. DocuSign Envelope ID: 56563D9E-6C8D-45B2-9D16-B39BABCBFA41 May 23, 2016 DRAFT Page 1 TO: James Keene, City Manager FROM: Hillary Gitelman, Director of Planning & Community Environment RE: Council Requests Regarding Eichler-Specific Guidelines This memo provides responses to the City Council’s request that planning staff assess the ability to undertake development of new Eichler-specific amendments to the Individual Review (IR) Guidelines and/or develop separate design guidelines or zoning regulations to guide development of two story homes in Eichler neighborhoods, as well as amendments to the process for assessing resident support for new Single Story Overlay (SSO) districts. Executive Summary We appreciate the desire to amend the Individual Review (IR) Guidelines and/or develop separate design guidelines or regulations to guide development of new two story homes in Eichler neighborhoods. With sufficient resources, this project could be undertaken as a consultant-led effort after completion of the IR program review and the Professorville Design Guidelines (both are wrapping up soon). Amendments to the petition process for new SSO districts can be developed by staff and considered by the City Council in the context of the next “code clean-up” ordinance, expected in 2017. Background On May 2, 2016, Council directed staff to evaluate the feasibility of undertaking two possible initiatives in response to controversy surrounding the construction of two story homes in Eichler neighborhoods: A. Conduct a preliminary evaluation of a potential Eichler Overlay Zone or Strengthening of IR guidelines for Eichler design and privacy compatibility (for second story additions); and B. Explore options for breaking up the petition and 'voting' process to determine the level of support for Single Story Overlays and Eichler Overlays. The issues addressed by this motion are related to some of the Planning Department’s “Council Priority Projects” for 2016 as discussed by the City Council at their retreat in late January. At that time, the priority projects included a review of the Individual Review (IR) process for two story homes and development of recommendations for improving this program, and also included an annual “code clean- up” project. To reflect the Council’s May 2nd motion, a new project related to Eichler neighborhoods has been added to the list of priority projects and has been proposed for funding in a “contingency” within the FY17 proposed budget. Discussion In its motion on May 6, the Council requested staff evaluate the feasibility of undertaking two different approaches to the issue of two story homes in Eichler neighborhoods. The feasibility of the various components of the motion varies quite a bit, and is discussed further below. A. Adopt an Eichler Overlay Zone or strengthen the IR guidelines for Eichler design compatibility and privacy. This proposal will require consultant support in the form of an architect or urban design professional with an affinity for mid-century modern residential architecture. While not currently budgeted, such an individual could conduct community outreach and develop design guidelines specific to Eichler neighborhoods as other jurisdictions have done, and/or develop regulations to be May 23, 2016 DRAFT Page 2 adopted as part of the IR Guidelines or the municipal code. This planning effort would be strengthened if it also involved preparation of a “context statement” to support evaluation of the City’s Eichler neighborhoods in terms of their architectural integrity and significance. Staff believes that preparation of a “context statement” may be eligible for grant funding from the State Office of Historic Preservation (similar to the Professorville Guidelines which are currently being wrapped up). General fund resources would be needed for the project manager/design consultant, and staff has proposed this be funded through a “contingency” in the FY17 budget. The project can be initiated as soon as the project manager is retained. Staff estimates it will take 16-18 months from start to finish, assuming mid-course check-ins with the City Council do not result in additional/modified direction requiring additional effort. B. Improve the petition process to determine the level of support for Single Story Overlays (and potentially Eichler Overlays). Staff can easily include improvements to the SSO process in the next regular “code clean-up” ordinance, which is scheduled for 2017. The only clean-up planned for 2016 is the update to the ARB findings, which was referred back to the ARB when the City Council considered the 2015 code clean-up ordinance. Conclusion These are interesting issues that can be tackled in the coming year presuming budget and consultant resources are available. ATTACHMENT C RELATED COMPREHENSIVE PLAN GOALS, POLICIES, PROGRAMS Eichler Guidelines and Code Updates Goal, Policy or Program Related to Eichler Guidelines/Code Updates Goal L-3 states, “Safe, attractive residential neighborhoods, each with its own distinct character and within walking distance of shopping, services schools and or other public gathering places.” Policy L-12 states, “Preserve the character of residential neighborhoods by encouraging new or remodeled structures to be compatible with the neighborhood and adjacent structures.” Program L-11 states, “Establish pedestrian oriented design guidelines for residences that encourage features that enliven the street.” Program L-48 states, “Use the zoning ordinance, design review process, design guidelines and coordinated area plans to ensure high quality residential and commercial design.” Policy L-48 states, “Promote high quality, creative design and site planning that is compatible with surrounding development and public spaces.” Policy L-49 states, “Design buildings to revitalize streets and public spaces and to enhance a sense of community and personal safety…” Related Program L-50 states, “Undertake a comprehensive review of residential and commercial zoning requirements to identify additional architectural standards that should be incorporated to implement Policy L-49.” Program L-49 states, “In areas of the city having a historic or consistent design character, design new development to maintain and support the existing character.” Program L-51 states, “use illustrations and form code methods for simpli8fying the zoning ordinance and to promote well-designed buildings.” Program L-52 states, “Discourage the use of fences that obscure the view of houses.” Program L-54 states, “Review and update the City’s inventory of historic resources including city owned structures.” Program L-56 states, “Maintain and strengthen the design review procedure for exterior remodeling and demolition of historic resources. Discourage demolition of historic resources and severely restrict demolition of Landmark resources.” Program L-58 states, “for proposed exterior alterations or additions to designated Historic Landmarks, require design review findings that the proposed changes are in compliance with the Secretary of the Interior Standards for Rehabilitation.”