HomeMy WebLinkAboutStaff Report 3756
City of Palo Alto (ID # 3756)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 6/24/2013
City of Palo Alto Page 1
Summary Title: Comprehensive Plan Amendment Contract Amendment #1
Title: Approval of Amendment Number 1 to Contract in the amount of
$290,019 with The Planning Center | DCE to Provide Additional Services
Associated with the Comprehensive Plan Amendment Project for a Total Not
to Exceed Amount of $1,140,000
From: City Manager
Lead Department: Planning and Community Environment
Recommendation
Staff recommends that Council approve Amendment Number 1 to Contract #C08125506 in the
amount of $290,019 with The Planning Center | DCE to provide additional services associated
with the Comprehensive Plan Amendment Project for a total revised contract-not-to exceed
amount of $1,140,000.
Background
On April 7, 2008, the City Council awarded a contract to Design Community & Environment Inc.
(DCE) for services related to the amendment of the 1998-2010 City of Palo Alto Comprehensive
Plan (CMR 193:08). Council approved a total budget of $849,981 for this project.
The 1998-2010 City of Palo Alto Comprehensive Plan (Comp Plan) amendment was initiated by
the City Council in 2006 to focus on preservation of commercial land uses, preservation of retail
and community services to support new residential growth, incorporate sustainability concepts,
update the housing element and prepare concept area plans for East Meadow Circle and
California Avenue/Fry’s areas.
Between 2008 and 2010, City staff reviewed the existing Comp Plan elements with the Planning
and Transportation Commission (PTC), prepared background reports on baseline growth topics,
and developed preliminary information regarding the two concept area plans.
City of Palo Alto Page 2
In 2010, the PTC and City Council held a joint study session to address the Comp Plan
amendment work plan, including the recommended approach to the Housing Element update.
In addition, the Council provided direction regarding updated growth projections, updates to
the Comp Plan structure, vision, goals, policies and program statements, and additional work
regarding review of the South El Camino Real Design Guidelines and LEED for neighborhood
Development (LEED-ND).
In 2010, the PTC completed the initial review of the Comp Plan vision statements, goals, policies
and programs for each Comp Plan element. This phase, known as Phase 1, was focused on text
edits and minor wording adjustments. In addition to the minor changes, more substantial
changes and revisions to the Comp Plan were identified during Phase 1 review. These changes
would be considered and discussed during the second phase of PTC review, also known as
Phase 2.
Prior to the start of Phase 2 review, the PTC determined that the process of review and
discussion of the more substantial changes required more direct input from PTC members. In
order to address this need, the PTC formed subcommittees consisting of two to three
commissioners and City staff from the Planning Division as well as staff from other City
departments. The subcommittee would review each element and prepare edits and revisions
based on the comments received from the Phase 1 review and other changes identified by the
subcommittee to improve the vision statements, goal structure, policy and program statements
and other changes to implement the work plan as directed by Council. The work from each
subcommittee would be presented to appropriate community stakeholders for comment and
refinement. Drafts of each revision element would then be presented to the full PTC for a
recommendation to include the draft in the Comp Plan amendment.
In addition, the PTC recommended the extension of the Comprehensive Plan Amendment’s
horizon year from 2020 to 2025 last August of 2012. The Comprehensive Plan Amendment
process was initially extended by City Council in 2009 due to budget constraints. Several other
factors discussed below delayed completion of the Amendment which is now expected to be
completed by the Summer of 2014. Extending the existing Comprehensive Plan’s horizon year
to 2025 may require additional studies and associated cost in the short term, but these costs
can be offset by the additional time the extension would allow before the City is required to
begin its next update of the Comprehensive Plan. Extending the horizon year from 2020 to
2025 has minimal or no impact on the revised Goals, Policies and Programs work completed to
date.
The work of each PTC subcommittee has been supported by DCE, the City’s consultant for the
Comp Plan Amendment. Work performed by DCE included preliminary reviews of each existing
City of Palo Alto Page 3
Comp Plan element, suggestions for revisions to modernize and improve the elements based
upon current general plan/comprehensive plan standards, and recommendation for the
addition of sustainability policies and program concepts that would be appropriate for each
element. Additional work completed under the existing scope includes:
● Comp Plan Amendment project initiation;
● Review of existing and potential future conditions that would affect the Comp Plan
Amendment, and
● Completion of the East Meadow Circle/Fabian Way Concept Plan;
Substantial progress has been made on the following previously scoped work:
● Preparation of background information for existing Comp Plan elements;
● In consultation with City staff, preparation of updates to goals, policies and programs in
existing elements, and
● Addition of sustainability related goals, policies and programs throughout the Comp
Plan.
Work has not substantially commenced on the following previously scoped items:
● Preparation of the Draft Environmental Impact Report;
● Preparation of the final draft of the Comp Plan Amendment;
● Preparation of the Final Environmental Impact Report;
Discussion
DCE’s original contract scope of work indicated that the Comp Plan Amendment project would
be completed by the end of 2010. The City Council’s adoption of the 2010 budget extended the
Comprehensive Plan Amendment work schedule and decreased the annual Comprehensive
Plan Amendment budget by $75,000 for fiscal years 2010 and 2011. The extension of the work
schedule projected the Comp Plan Amendment to be completed by 2012. Completion of the
project has also been delayed due to the following factors that are not attributed to
performance of DCE or its staff assigned to the project:
City of Palo Alto Page 4
1. PTC subcommittee review process- The process of PTC subcommittee review of each
element of the Comp Plan has extended the project timeline. This extension is due to
more thorough participation by key City staff and City department representatives
working with the PTC subcommittee to review each element. In addition, the PTC has
requested comments from community stakeholders groups and appropriate boards and
commissions. The result of this extended participation is a more thoroughly review
Comp Plan Amendment that includes contributions from a wider audience than what
was originally envisioned.
2. Preparation of a new traffic model- The original completion date of 2010 assumed the
use of the City’s existing traffic model originally created in 1995 and updated in 2002
and 2008. It was most recently adjusted for the Stanford University Facilities Renewal
and Replacement Project. As the timeline for the Comp Plan Amendment was extended,
the City could not continue to justify the use of the existing model for long-term
forecasting and planning studies. As a result, a new traffic model was commissioned.
The new model was built using the Valley Transportation Authority’s Transportation-
Land Use model updated with recent land use activities and known demand from
specific plan area changes such as California Avenue/Fry’s, East Meadow Circle, and the
Stanford University Medical Center. The new model also accounts for current and
future forecast assumptions from neighboring agencies including Menlo Park, East Palo
Alto, and Mountain View. The new model includes Base Year 2012, Near-Term 2025,
and Future Year 2035 traffic assumptions. DCE’s revised scope of work includes
preparation of a new traffic model.
3. Preparation of the California Avenue Concept Area Plan- The preparation of the
California Avenue Concept Area Plan (Concept Plan) has been delayed due to a number
of factors. The California Avenue Streetscape Project and the prior removal of public
trees along California Avenue and the resulting lawsuit temporarily delayed the Concept
Plan until those projects and issues were resolved. In addition, the submittal of the 395
Page Mill Road Planned Community project and proposal for a public safety building as a
community benefit shifted focus away from the Concept Plan until a more definite 395
Page Mill Road project was prepared and submitted to the City.
4. Other projects and studies- The timeline to complete the Comp Plan Amendment has
also been extended due to concurrent analysis of other significant Planning efforts. In
2010, the City Council initiated the Rail Corridor Study and task force to generate a
community vision for land use, transportation, and urban design opportunities along the
Caltrain corridor, particularly in response to improvements to fixed rail services along
the tracks through Palo Alto. The proposed Arts & Innovation District project at 27
University Avenue would establish new land uses and zoning at the site and would affect
City of Palo Alto Page 5
land use throughout the downtown area. The outcome of these studies and projects
would appropriately inform the Comp Plan Amendment.
New Consultant Tasks
The applicant has submitted a revised scope of work and timeline that represents the tasks and
activities to be performed in order to complete the Comp Plan Amendment. The contract
modification scope of work is included in Attachment A. These tasks include:
1 Additional work on the California Avenue Concept Plan;
2 Comprehensive Plan Amendment Formatting;
3 Creation of the Comp Plan Amendment Implementation Matrix;
4 Preparation of the Citywide Travel Demand Forecasting Model;
5 Preparation of a Future Year Traffic demand Scenario for the Comp plan Amendment
EIR;
6 Preparation of 2020 Greenhouse Gas Modeling;
7 Administration and maintenance of the Comp Plan Amendment website,
www.paloaltocompplan.org
The scope also includes costs associated with the extended timeline and for recouping costs for
previously approved work that were “borrowed” from the existing budget.
The amount requested by the consultant is $274,092. Staff requests an additional $15,927 in
contingency funds for a total contract amendment of $290,019.
Resource Impact
The attached Amendment Number 1, Exhibit A, requests an addition of $290,019 to the
contract titled Comprehensive Plan Amendment Services. There is sufficient budget in the
proposed Fiscal Year 2014 Operating Budget to fund the additional work under this contract.
As described above, Amendment Number 1 will provide the additional work needed to finish
the project by the expected completion date. The total cost of the project after Amendments 1
is summarized in the following table:
Exhibit Summary Breakdown Total Cost
City of Palo Alto Page 6
Exhibit A (Amendment 1 Net Total) $274,092
Contingency $15,927
Original Contract Total w/ Contingency
(CMR:193:08)
$849,981
Revised Contract Grand Total $1,140,000
Staff is currently working with DCE and the PTC to guide the project through to a reasonable
completion date based on adjustments made to the schedule due to factors described above.
The following table illustrates the proposed schedule to adoption of the Comp Plan
Amendment.
Comprehensive Plan Update Timeline
Budget Request, City Council June 24, 2013
Issuance of Notice of Preparation (NOP) Summer 2013
EIR Scoping Session, PTC Summer 2013
Review of California Avenue Area
Concept Plan Alternatives, City Council
Summer 2013
California Avenue Area Concept Plan,
publish
Fall 2013
Draft EIR Published Early 2014
Draft EIR Comment Period Early 2014
PTC Hearings, Draft EIR Early 2014 – Spring 2014
Final EIR Published Spring 2014
City Council Review, Final EIR Summer 2014
City of Palo Alto Page 7
City Council Review, Comp Plan
Amendment
Summer 2014
Policy Implications
Amendment Number 1 does not represent a change to existing policies.
Environmental Review
An Environmental Impact Report (EIR) is expected to be produced for public review and
comment in Q4 2013. The EIR will include a traffic analysis based on a new Palo Alto traffic
model built upon the 2035 Santa Clara County VTA model. The PTC will conduct EIR hearings for
the EIR in late Q4, 2013.
Attachments:
Attachment A: Comprehensive Plan Amendment - Scope Adjustments (PDF)
M E M O R A N D U M
DATE May 7, 2013
TO Steven Turner and Roland Rivera
City of Palo Alto
FROM Joanna Jansen
RE Requested Comprehensive Plan Scope and Fee Modifications,
May 2013
As you requested, this memorandum is intended to list all of the potential changes to
the Comprehensive Plan scope and associated budget for the City’s consideration.
These changes affect the scopes of both The Planning Center | DC&E and Hexagon
Transportation Consultants.
In addition, this memorandum serves to document the change from a horizon year of
2020 to one of 2025, for both the Comprehensive Plan and the associated EIR. We do
not expect to incur additional costs associated with this change, with the exception of
the additional required analysis of GHG emissions in 2020, as described in item VI.
I. ADDITIONAL WORK ON CALIFORNIA AVENUE CONCEPT PLAN
Since we prepared the California Avenue Preferred Alternative and accompanying Comp
Plan text in spring 2011, the City has received an application for the 395 Page Mill
project, which includes two key sites within the Concept Plan area. At the City’s request,
we have completed or will complete the following out‐of‐scope tasks:
Review of 395 Page Mill application for consistency with the current draft of
the Cal Ave Concept Plan and preparation of brief email memo summarizing
our conclusions. (Completed)
Revise Concept Plan graphics and draft Comp Plan text to reflect 395 Page Mill
project components. City staff will provide direction on specific revisions based
on PTC and Council comments.
Facilitate a community workshop to bring the community up to speed on the
progress on the Concept Plan since our last workshop in February 2010 and
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explain the next steps for Council approval of the Concept Plan and
incorporation of the Concept Plan into the Comp Plan. (Completed)
Attend and facilitate a PTC meeting to update commissioners on the status of
the Cal Ave area Concept Plan and summarize public comments heard at the
November 8, 2012 Community Update meeting.
Assemble a Work Book for PTC review, drawing largely from existing materials
as needed to support PTC review of the Draft Concept Plan
Prepare for and lead a walking tour of the Cal Ave Area to orient new
commissioners to the study area and issues of concern.
Peer review the Draft Cal Ave Concept Plan and policies prepared by City staff.
Attend a PTC meeting to present the preferred alternative for the Draft Cal Ave
Area Concept Plan
Attend A City Council Meeting to request approval of the Draft Cal Ave Area
Concept Plan
Task A of our scope of work includes attendance at 17 PTC meetings. As of April 30,
2013, we have attended 14 PTC meetings, including the above‐referenced November 8,
2012 Neighborhood Update meeting which was substituted for one of the PTC meetings
in the scope. We will also deduct attendance at the May 8, 2013 PTC meeting on the
California Avenue Area Concept Plan from the allotment of 17 PTC meetings in Task A of
our scope. The following additional meetings are included in this contract modification:
Walking tour of the Concept Plan Area with PTC
PTC Meeting on Draft Concept Plan
City Council Meeting to Approve Concept Plan
With the above deductions and additions to our scope of work, there will be a total of
two PTC meetings remaining from the original scope of work and we will, as needed and
at the discretion of City staff, be able to attend two meetings not yet called out either in
our original scope of work or this contract modification.
The cost for this item is: $31,085.
PAGE 3
II. COMPREHENSIVE PLAN FORMATTING
The Planning Center | DC&E will format the Comprehensive Plan in a format that
generally resembles the current Comprehensive Plan. However, it will be created in
Microsoft Word to ensure that City staff are able to update the Comprehensive Plan as
changes are made over the years. The Planning Center | DC&E will prepare one full
element with the proposed format and submit it for staff review and approval.
This estimate is based on the following assumptions:
The Planning Center | DC&E will primarily use photographs provided by the City,
supplementing with photos that we have in‐house. These will be of sufficiently high
resolution for use in a printed document (minimum 200 dpi) and will include full
caption information where necessary and appropriate for the document.
The Planning Center | DC&E will provide one screencheck draft of the formatted
Final Comprehensive Plan. Upon receipt of one consolidated set of internally
consistent comments, we will prepare a final version of the formatted Final
Comprehensive Plan.
The document will be created in Microsoft Word to ensure that it can be modified
by staff in the future. The Microsoft Word document will be a one‐column format.
The dividers, covers, and other non‐text pages are an exception to this and will be
created in InDesign or another graphics program.
The final version will be provided to the City in electronic format (native Word
format and PDFs).
Please note that we expect to provide the majority of the maps associated with each
Element, based on GIS data provided by the City, which we will be preparing under our
scope for the EIR. We expect the City to prepare the following maps:
Aerial Photo
Sphere of Influence & Urban Service Area
Stanford University Lands
Community Design Features
City Structure ‐ Neighborhoods ‐ Centers ‐ Districts
Commercial Growth Monitoring Areas from Citywide Study
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Cultural Resources
Archaeological Resource Areas
Key Intersections & Commercial Monitoring Areas
Watershed & Groundwater Recharge Areas
Ground Shaking Potential
The cost for this item is: $12,913.
III. IMPLEMENTATION MATRIX
In addition to the programs that we will work with staff to include in every element of
the Comprehensive Plan, The Planning Center | DC&E will prepare an implementation
matrix. We recommend that the matrix be prepared separately from the
Comprehensive Plan and that it be prepared during the public review process when the
programs are nearly complete. A separate implementation matrix allows and
encourages the City to make it a living document that is updated as programs are
completed, as City priorities shift, and as funding conditions change. The
implementation matrix will outline major projects that should be completed in the five
years after the plan is adopted, along with the department responsible for
implementation, estimated cost, suggested timing, and potential funding sources.
These items will also serve as a framework for City evaluation of its progress in
implementing the Comprehensive Plan. We understand that there is a significant need
for input from City staff in a wide range of departments on this document. So, this
scope assumes that we will prepare a first draft representing our best information about
department, cost, timing, and funding, and that City staff will complete it from there.
The cost for this item is: $9,496.
IV. CITYWIDE TRAVEL DEMAND FORECASTING MODEL
As described in Attachment A, Hexagon will prepare a Citywide travel demand model.
This task includes a limited labor budget for The Planning Center | DC&E to participate
in the model development as this relates to the preparation of the EIR. This is because it
was previously assumed that the City would provide us with completed model outputs
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and that we would not need to interact with City staff or the transportation consultant
regarding model outputs. This limited number of hours assumes that Hexagon will
otherwise be supervised directly by City staff with respect to model preparation. We
will work with Hexagon on the preparation of their portion of the Comprehensive Plan
EIR, which is included in our original scope of work. (Authorized under February 2012
NTP and completed)
The cost for this item is: $58,523, including $49,500 for Hexagon and $9,023 for The
Planning Center | DC&E, assuming a reduced subconsultant administration fee of 5
percent for this task only.
V. FUTURE YEAR SCENARIO TRAFFIC MODELING FOR COMP PLAN AMENDMENT
EIR
Hexagon would complete the following work:
A. Revalidate 2010 Base Year
Hexagon will revalidate the 2010 base year using revised 2010 land use data provided by
City staff.
B. Convert Job Categories
Hexagon will convert the job categories used in MTC’s Sustainable Communities
Strategy (SCS), which are based on categories used in the North American Industrial
Classification System (NAICS) into job categories used in the VTA model, which are
based on the Standard Industrial Classification (SIC). The methodology for this
conversion is based on conversations with ABAG/MTC demographers and has been
tested to confirm it results in defensible and reasonably foreseeable numbers and types
of jobs in Palo Alto in the future.
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C. Develop Future Year Baseline (Existing Comprehensive Plan) Model Input
Assumptions
In order to develop future baseline travel forecasts, the year 2010 model input files will
be updated to the years 2020, 2025 and 2035. City staff will develop the future year
land use projections (Existing Comprehensive Plan) for the Palo Alto zones for the
baseline alternative. The land use files will include approved and proposed
development. Transportation improvements (highway and transit) within the City of
Palo Alto to be included in the future year baseline network will be provided by City
staff. Hexagon will be responsible for incorporating the future year Palo Alto land uses
and transportation improvements into the CUBE/VOYAGER modeling software. In
addition, Hexagon will update the land use files and networks outside the City of Palo
Alto, as well as other model input files and variables. The end product of this task will be
a complete set of updated model input files to run the future year baseline forecast for
the City of Palo Alto.
D. Develop Future Year Baseline Travel Forecast
Hexagon will run the City’s travel forecasting model and develop the year 2020, 2025
and 2035 baseline (Existing Comprehensive Plan) travel forecast for Palo Alto. Relevant
performance statistics of the future year baseline model run will be summarized and
analyzed. The transportation impacts of the alternative will be evaluated using a set
performance measures that could include:
Daily travel patterns by mode (drive alone, carpool, transit, non‐motorized) for
trips between Palo Alto and other areas of the region.
AM and PM peak period traffic assignment volumes on Palo Alto’s street
network by level of service.
Daily transit trips and boardings by mode (express bus, local bus, shuttle bus,
Caltrain)
Vehicle miles traveled (VMT) and vehicle hours traveled (VHT) and speed on
Palo Alto roadways stratified by levels of service.
Year 2020, 2025 and 2035 (adjusted) turning movements and levels of service
at 25 study intersections.
PAGE 7
This task includes collecting new AM and PM peak‐hour intersection turning movement
counts at 25 intersections. The results of the future year baseline forecast will be
summarized in a technical memorandum.
E. Testing of Alternatives
Hexagon will provide a trip generation comparison for up to three Comprehensive Plan
land use alternatives. No other analysis or testing of alternatives will occur.
The cost for this item is: $ 68,004, including $ 57,060 for Hexagon and $10,944 for The
Planning Center | DC&E. Subconsultant management fee would be the standard 10%
for this task.
VI. 2020 GHG MODELING
For the purposes of the EIR on the Comp Plan Amendment, we recommend that the City
analyze GHG emissions in the year 2020. This future year scenario is specifically called
for in the BAAQMD CEQA Guidelines (available here – see section 9.2 for how to do
plan‐level GHG analysis:
http://www.baaqmd.gov/~/media/Files/Planning%20and%20Research/CEQA/BAAQMD
%20CEQA%20Guidelines_May%202011_5_3_11.ashx ).
It is important to note that these guidelines are currently suspended due to litigation.
However, they remain the best available guidance and many jurisdictions are electing to
follow them because they are supported by substantial evidence. The lawsuit may not
be resolved until summer 2013 at the earliest. The guidelines state:
BAAQMD recommends preparing a community‐wide GHG emission projection to
identify the expected levels of GHG emissions for: 1) 2020 (i.e., the AB 32 benchmark
year), and 2) the projected year of the plan build out. Two projections should be
prepared for each year:
A projection reflecting existing conditions (e.g., business‐as‐usual), and
A projection that accounts for proposed policies, programs, and plans included
within the general plan that would reduce GHG emissions from build‐out of the
plan.
PAGE 8
The steps required for this task will be: City staff creates a 2020 buildout scenario;
Hexagon does a traffic model run of the 2020 buildout scenario to calculate VMT
(included in Task V.C, above); and The Planning Center | DC&E models the VMT and
other inputs from the 2020 scenario to calculate resulting GHG emissions. We will then
fold these results into the GHG section of the Comp Plan Amendment EIR.
It should be noted that the Comp Plan Amendment EIR is also required to address GHG
emissions for the horizon year of the amendment, so the GHG section will address
emissions in both 2020 (required by BAAQMD) and 2025 (horizon year for the
Amendment). An analysis of horizon year GHG is already included in our scope and so
does not create additional costs.
The cost for this item is: $9,277.
VII. WEEKLY TELECONFERENCES
Our scope and fee did not anticipate the extended timeframe for completion or the
associated number of hours necessary for consultation with City staff. We believe this
consultation is important, but would like to call it out as an additional task to reflect the
staff time involved. One or two representatives of The Planning Center | DC&E will
participate in a call of approximately half an hour on a weekly basis through project
completion, now anticipated in July 2014.
The cost for this item is: $ 18,972.
VIII. SIX PERCENT BILLING RATE INCREASE
As called out in our contract, our billing rates increased by 6 percent in July 2011. This
item reflects an increase in labor costs for work completed following July 2011. We had
$205,029 remaining in our labor budget as of July 2011, so we have applied six percent
to that number.
The cost for this item is: $12,302.
PAGE 9
IX. COSTS ASSOCIATED WITH EXTENDED TIMELINE
When we identified the additional costs associated with extending the project timeline
(see July 8, 2009 spreadsheet), we assumed that those costs could be covered by
shifting some scope to City staff and reducing our level of effort on the Community
Outreach task. To partially defray the costs of extending the length of the contract, city
staff agreed to do the following:
a. Prepare the NOP.
b. Hold the scoping meeting.
c. Provide assistance with population projections.
d. Prepare the Findings and Resolutions.
e. Prepare the Mitigation Monitoring and Reporting Program, if needed, based on
impacts identified by The Planning Center | DC&E.
City staff completed item c; however, items a, b, d, and e are now to be returned to our
scope of work. Additionally, at the time the additional costs associated with the
extended timeline were identified, the extension was anticipated to last through March
of 2012. The current schedule will now last through July 2014. To cover the additional
costs associated with resource planning and invoicing over the extended period, and to
account for the return of items a, b, d, and e to our scope of work we request $44,283,
plus expenses.
The cost for this item is: $44,283, plus expenses.
X. WEBSITE REORGANIZATION
At the request of City staff, we have updated and refreshed the Comp Plan Amendment
website on two occasions. This task involved changing the logo, color scheme, and
layout of the pages to match the City's updated website; archiving old documents and
blog posts, replacing the calendar feature with a list of milestones (TBD), modifying the
menu bar, and developing new pages for the presentation of draft materials to the
public. (Completed)
The cost for this item is: $9,237.
PAGE 10
XI. CONCLUSION
Please feel free to contact me with any questions about these potential changes. We
can also discuss modifications to the tasks. As you know, they can be ‘mixed and
matched’ with one another, with the exception of Items VIII, IX, and X. Item VII is
required in order to continue our biweekly conference calls to coordinate project
efforts, Item IX is stipulated in our contract, and Item X is the result of the extended
timeframe associated with the project.
The grand total of these changes is $274,092.
AJ\IIENDMENT NO.1 TO CONTRACT NO. C08125506
BETWEEN THE CITY OF PALO ALTO AND
DESIGN COMMUNITY & ENVIRONMENT, INC.
This Amendment No.1 to Contract No. C08125506 ("Contract") is entered into on June ,2013,
by and between the CITY OF PALO ALTO, a California chartered municipal corporation("CITY"),
and DESIGN COMMUNITY & ENVIRONMENT, INC., a California corporation, located 1625
Shattuck Avenue. Suite 300, Berkeley, CA. 94709, Telephone (510)848-3815 (CONSULTANT").
RECITALS:
WHEREAS, City retained Consultant to assist in updating the Comprehensive Plan
and conduct an EIR for the Comprehensive Plan;
WHEREAS, the City, due to an administrative oversight allowed the contract to lapse,
intends to reactivate the contract from the expiration date of December 31, 2012 and extend the
contract term to June 30, 2014;
WHEREAS, the City also desires to increase the compensation from a total not to
exceed of $849,981.00, by $290,019.00, to a new total not to exceed of $1,140,000.00 and to
increase the scope of services to include the addition of California Avenue Concept Plan;
Comprehensive Plan Amendment Formatting; Creation of the Comp Plan Amendment
Implementation Matrix; Preparation of the Citywide Travel Demand Forecasting Model; Preparation
of a Future Year Traffic demand Scenario for the Comp plan Amendment EIR; Preparation of2020
Greenhouse Gas Modeling; Administration and maintenance of the Comp Plan Amendment and to
provide for a rate increase as specified in EXHIBIT "AI" Additional Scope of Work.
WHEREAS, the parties wish to amend the Contract;
NOW, THEREFORE, in consideration of the covenants, terms, conditions, and
provisions of this Amendment, the partIes agree:
SECTION 1. Section 2 is hereby amended to read as follows:
"SECTION 2. TERM. The term of this Agreement shall be from the date of its full
execution through June 30, 2014 unless tenninated earlier pursuant to Section 19 of this agreement"
SECTION 2. Section 4 is hereby amended to read as follows:
"SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to
CONSULTANT for performance of the Services described in Exhibits "A" and "AI", including both
payment for professional services and reimbursable expenses, shall not exceed One Million One
Revision July 25, 2012
Hundred Twenty Four Thousand Seventy Three Dollars ($1,124,073.00). In the event Additional
Services are authorized, the total compensation for services and reimbursable expenses shall not
exceed One Million One Hundred Forty Thousand Dollars ($1,140,000.00). The applicable rates and
schedule of payment are set out in Exhibit "C-l", entitled "HOURL Y RATE SCHEDULE," which is
attached to and made a part of this Agreement."
SECTION 3. The following exhibit(s) to the Contract is/are hereby amended to read
as set forth in the attachment( s) to this Amendment, which are incorporated in full by this reference:
a. Exhibit "AI" entitled "ADDITONAL SCOPE OF SERVICES".
b. Exhibit "C" entitled "COMPENSATION".
c. Exhibit "C2" entitled "ADDITIONAL SCOPE COST"
SECTION 4. Except as herein modified, all other provisions of the Contract,
including any exhibits and subsequent amendments thereto, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have by their duly authorized representatives
executed this Amendment on the date first above written.
CITY OF PALO ALTO
City Manager
DESIGN COMMUNITY &
ENVIRONMENT, INC.
BY.~
APPROVED AS TO FORM:
Name: St-ev:-.e NOctLk
Title: &i (\ wpaJ
Senior Asst. City Attorney
Attachments:
EXHIBIT "AI":
EXHIBIT "C":
EXHIBIT "C2"
ADDITIONAL SCOPE OF SERVICES
COMPENSATION
ADDITIONAL SCOPE COST
2 Revision July 25, 2012
EXHIBIT "A1"
ADDITIONAL SCOPE OF WORK
I. ADDITIONAL WORK ON CALfFORNIA AVENUE CONCEPT PLAN
CONSULTANT prepared the California Avenue Preferred Alternative and accompanying Comp Plan text in
spring 2011, CITY has received an application for the 395 Page Mill project., which includes two key sites
within the Concept Plan area. At the CITY's request., CONSULTANT shall have completed or shall complete
the following out-of-scope tasks:
• Review of 395 Page Mill application for consistency with the current draft of the Cal Ave Concept
Plan and preparation of brief email memo summarizing CONSULTANT'S conclusions.
• Revise Concept Plan graphics and draft Comp Plan text to reflect 395 Page Mill project components.
CITY staff shall provide direction on specific revisions based on PTC and Council comments.
• Facilitate a community workshop to bring the community up to speed on the progress on the Concept
Plan since CONSULTANT'S last workshop in February 2010 and explain the next steps for Council
approval of the Concept Plan and incorporation of the Concept Plan into the Comp Plan.
• Attend and facilitate a PTC meeting to update commissioners on the status of the Cal Ave area
Concept Plan and summarize public comments heard at the November 8, 2012 Community Update
meeting.
• Assemble a Work Book for PTC review, drawing largely from existing materials as needed to support
PTC review of the Draft Concept Plan
• Prepare for and lead a walking tour of the Cal Ave Area to orient new commissioners to the study
area and issues of concern.
• Peer review the Draft Cal Ave Concept Plan and policies prepared by CITY staff.
• Attend a PTC meeting to present the preferred alternative for the Draft Cal Ave Area Concept Plan
• Attend A CITY Council Meeting to request approval of the Draft Cal A ve Area Concept Plan
Task A of CONSULTANT'S scope of work includes attendance at 17 PTC meetings. As of April 30, 2013,
CONSULTANT has attended 14 PTC meetings, including the above-referenced November 8, 2012
Neighborhood Update meeting which was substituted for one of the PTC meetings in the scope.
CONSULTANT shall also deduct attendance at the May 8, 2013 PTC meeting on the California Avenue Area
Concept Plan from the allotment of 17 PTC meetings in Task A of CONSULTANT'S scope. The following
additional meetings are included in this contract modification :
• Walking tour of the Concept Plan Area with PTC
• PTC Meeting on Draft Concept Plan
• CITY Council Meeting to Approve Concept Plan
With the above deductions and additions to CONSULTANT'S scope of work, there shall be a total of two
PTC meetings remaining from the original scope of work and CONSULTANT shall, as needed and at the
discretion of CITY staff, be able to attend two meetings not yet called out either in CONSULTANT'S
original scope of work or this contract modification.
II. COMPREHENSIVE PLAN FORMATTING
The CONSULTANT shall format the Comprehensive Plan in a format that generally resembles the current
Comprehensive Plan. However, it shall be created in Microsoft Word to ensure that CITY staff is able to
update the Comprehensive Plan as changes are made over the years. The CONSULTANT shall prepare one
full element with the proposed format and submit it for staff review and approval.
This estimate is based on the following assumptions:
CONSULTANT shall primarily use photographs provided by the CITY, supplementing with photos that
CONSULTANT has in-house. These shall be of sufficiently high resolution for use in a printed document
(minimum 200 dpi) and shall include full caption information where necessary and appropriate for the
document.
CONSULTANT shall provide one screencheck draft of the formatted Final Comprehensive Plan. Upon
receipt of one consolidated set of internally consistent comments, CONSULTANT shall prepare a final
version of the formatted Final Comprehensive Plan.
The document shall be created in Microsoft Word to ensure that it can be modified by staff in the future. The
Microsoft Word document shaJl be a one-column format. The dividers, covers, and other non-text pages are
an exception to this and shall be created in InDesign or another graphics program.
The final version shaJl be provided to the CITY in electronic format (native Word format and PDFs).
CONSULTANT shall expect to provide the majority of the maps associated with each Element, based on GIS
data provided by the CITY, which CONSULTANT shall be preparing under CONSULTANT'S scope for the
EIR. CONSULTANT shall expect the CITY to prepare the following maps:
Aerial Photo
Sphere ofInfluence & Urban Service Area
Stanford University Lands
Community Design Features
CITY Structure -Neighborhoods -Centers -Districts
Commercial Growth Monitoring Areas from citywide Study
Cultural Resources
Archaeological Resource Areas
Key Intersections & Commercial Monitoring Areas
Watershed & Groundwater Recharge Areas
Ground Shaking Potential
m. IMPLEMENTATION MA TRlX
In addition to the programs that CONSULTANT shall work with staff to include in every element of the
Comprehensive Plan, CONSULTANT shall prepare an implementation matrix. CONSULTANT shall
recommend that the matrix be prepared separately from the Comprehensive Plan and that it be prepared
during the public review process when the programs are nearly complete. A separate implementation matrix
allows and ~ncourages the CITY to make it a living document that is updated as programs are completed, as
CITY priorities shift, and as funding conditions change. The implementation matrix shall outline major
projects that should be completed in the five years after the plan is adopted, along with the department
responsible for implementation, estimated cost, suggested timing, and potential funding sources. These items
shall also serve as a framework for CITY evaluation of its progress in implementing the Comprehensive Plan.
CONSULTANT shall understand that there is a significant need for input from CITY staff in a wide range of
departments on this document. So, this scope assumes that CONSULTANT shall prepare a first draft
representing CONSULTANT'S best information about department, cost, timing, and funding, and that CITY
staff shall complete it from there.
IV. CiTYWIDE TRAVEL DEMAND FORECASTING MODEL
As described in Attachment A, Hexagon Consultants (Hexagon) shall prepare a citywide travel demand
model. This task includes a limited labor budget for CONSULTANT to participate in the model development
as this relates to the preparation of the EIR. This is because it was previously assumed that the CITY would
provide CONSULTANT with completed model outputs and that CONSULTANT would not need to interact
with CITY staff or the transportation consultant regarding model outputs. This limited number of hours
assumes that Hexagon shall otherwise be supervised directly by CITY staff with respect to model preparation.
CONSULTANT shall work with Hexagon on the preparation of their portion of the Comprehensive Plan EIR,
which is included in CONSULTANT'S original scope of work.
V. FuTURE YEAR SCENARIO TRAFFIC MODELING FOR COMP PLAN AMENDMENT Em
Hexagon would complete the following work:
Revalidate 2010 Base Year
Hexagon shall revalidate the 2010 base year using revised 2010 land use data provided by CITY staff.
Convert Job Categories
Hexagon shall convert the job categories used in MTC's Sustainable Communities Strategy (SCS), which are
based on categories used in the North American Industrial Classification System (NATCS) into job categories
used in the VT A model, which are based on the Standard Industrial Classification (SIC). The methodology
for this conversion is based on conversations with ABAG/MTC demographers and has been tested to confirm
it results in defensible and reasonably foreseeable numbers and types of jobs in Palo Alto in the future.
Develop Future Year Baseline (Existing Comprehensive Plan) Model Input Assumptions
In order to develop future baseline travel forecasts, the year 20 I 0 model input files shall be updated to the
years 2020, 2025 and 2035. CITY staff shall develop the future year land use projections (Existing
Comprehensive Plan) for the Palo Alto zones for the baseline alternative. The land use files shall include
approved and proposed development. Transportation improvements (highway and transit) within the City of
Palo Alto to be included in the future year baseline network shall be provided by CITY staff. Hexagon shall
be responsible for incorporating the future year Palo Alto land uses and transportation improvements into the
CUBENOY AGER modeling software. In addition, Hexagon shall update the land use files and networks
outside the CITY of Palo Alto, as well as other model input files and variables. The end product of this task
shall be a complete set of updated model input files to run the future year baseline forecast for the City of Palo
Alto.
Develop Future Year Baseline Travel Forecast
Hexagon shall run the CITY's travel forecasting model and develop the year 2020, 2025 and 2035 baseline
(Existing Comprehensive Plan) travel forecast for Palo Alto. Relevant perfonnance statistics of the future year
baseline model run shall be summarized and analyzed. The transportation impacts of the alternative shall be
evaluated using a set perfonnance measures that could include:
• Daily travel patterns by mode (drive alone, carpool, transit,. non-motorized) for trips between Palo
Alto and other areas of the region.
• AM and PM peak period traffic assignment volumes on Palo Alto's street network by level of service.
• Daily transit trips and boardings by mode (express bus, local bus, shuttle bus, Caltrain)
• Vehicle miles traveled (VMT) and vehicle hours traveled (VHT) and speed on Palo Alto roadways
stratified by levels of service.
• Vear 2020, 2025 and 2035 (adjusted) turning movements and levels of service at 25 study
intersections.
This task includes collecting new AM and PM peak-hour intersection turning movement counts at 25
intersections. The results of the future year baseline forecast shall be summarized in a technical memorandum.
Testing of Alternatives
Hexagon shall provide a trip generation comparison for up to three Comprehensive Plan land use alternatives.
No other analysis or testing of alternatives shall occur.
VI. 2020 GHG MODELING
For the purposes of the EIR on the Comp Plan Amendment, CONSULTANT shall recommend that the CITY
analyze GHG emissions in the year 2020. This future year scenario is specifically called for in the BAAQMD
CEQA Guidelines (available here -see section 9.2 for how to do plan-level GHG analysis:
http://www.baaqmd.gov/-/mediaiFileslPlanning%20and%20Research/CEQAlBAAQMD%20CEQA%20Gui
delines_May%202011_5_3_11.ashx ).
It is important to note that these guidelines are currently suspended due to litigation. However, they remain
the best available guidance and many jurisdictions are electing to follow them because they are supported by
substantial evidence. The lawsuit may not be resolved until summer 2013 at the earliest. The guidelines
state:
BAAQMD recommends preparing a community-wide GHG emission projection to identify the expected
levels ofGHG emissions for: 1) 2020 (i.e., the AB 32 benchmark year), and 2) the projected year of the plan
build out. Two projections should be prepared for each year:
• A projection reflecting existing conditions (e.g., business-as-usual), and
• A projection that accounts for proposed policies, programs, and plans included within the general
plan that would reduce GHG emissions from build-out of the plan.
The steps required for this task shall be: CITY staff creates a 2020 buildout scenario; Hexagon does a traffic
model run of the 2020 buildout scenario to calculate VMT (included in Task V.C, above); and
CONSULTANT models the VMT and other inputs from the 2020 scenario to calculate resulting GHG
emissions. CONSULTANT shall then fold these results into the GHG section of the Comp Plan Amendment
EIR.
It should be noted that the Comp Plan Amendment EIR is also required to address GHG emissions for the
horizon year of the amendment., so the GHG section shall address emissions in both 2020 (required by
BAAQMD) and 2025 (horizon year for the Amendment). An analysis of horizon year GHG is already
included in CONSULTANT'S scope and so does not create additional costs.
VII_ WEEKLY TELECONFERENCES
CONSULTANT'S original scope and fee did not anticipate the extended timeframe for completion or the
associated number of hours necessary for consultation with CITY staff. CONSULTANT believes this
consultation is important, but shall call it out as an additional task to reflect the staff time involved. One or
two representatives of CONSULTANT'S shall participate in a call of approximately half an hour on a weekly
basis through project completion, now anticipated in July 2014 .
VIII. SIX PERCENT BILLING RATE INCREASE
As called out in CONSULTANT'S contract, CONSULTANT'S billing rates increased by 6 percent in July
201 J. This item reflects an increase in labor costs for work completed following July 201 L CONSULTANT
had $205,029 remaining in CONSULTANT'S labor budget as of July 2011. CONSULTANT has applied six
percent to that number.
IX. COSTS ASSOCIATED WITH EXTENDED TIMELINE
When CONSULTANT identified the additional costs associated with extending the project timeline (see July
8, 2009 spreadsheet), CONSULTANT assumed that those costs could be covered by shifting some scope to
CITY staff and reducing CONSULTANT'S level of effort on the Community Outreach task. To partially
defray the costs of extending the length of the contract, qTY staff agrees to do the following:
a. Prepare the NOP .
b. Hold the scoping meeting.
c. Provide assistance with population projections.
d. Prepare the Findings and Resolutions.
e. Prepare the Mitigation Monitoring and Reporting Program, if needed, based on impacts identified by
The CONSULTANT.
CITY staff completed item c; however, items a, b, d, and e are now to be returned to CONSULTANT'S scope
of work. Additionally, at the time the additional costs associated with the extended timeline were identified,
the extension was anticipated to last through March of 2012. The current schedule shall now last through July
2014. CITY shall cover the additional costs associated with resource planning and invoicing over the
extended period, and to account for the return of items a., b, d, and e to CONSULTANT'S scope of work.
X. WEBSITE REORGANIZA TION
CONSULTANT shall have updated and refreshed the Comp Plan Amendment website on two occasions.
This task involved changing the logo, color scheme, and layout of the pages to match the CITY's updated
website; archiving old documents and blog posts, replacing the calendar feature with a list of milestones
(TBD), modifying the menu bar, and developing new pages for the presentation of draft materials to the
public.
EXHIBIT "C"
COMPENSATION
The CITY agrees to compensate the CONSULTANT for professional services performed in accordance
with the terms and conditions of this Agreement based on the hourly rate schedule attached as Exhibit C-
1.
The compensation to be paid to CONSULTANT under this Agreement for all services described in
Exhibit "A" and "AI" ("Services") and reimbursable expenses shall not exceed $1,124,073.00.
CONSULTANT agrees to complete all Services, including reimbursable expenses, within this amount. In
the event CITY authorizes any Additional Services, the maximum compensation shall not exceed
$1,140,000.00. Any work performed or expenses incurred for which payment would result in a total
exceeding the maximum amount of compensation set forth herein shall be at no cost to the CITY.
REIMBURSABLE EXPENSES
The administrative, overhead, secretarial time or secretarial overtime, word processing, photocopying, in
house printing, insurance and other ordinary business expenses are included within the scope of payment
for services and are not reimbursable expenses. CITY shall reimburse CONSULTANT for the following
reimbursable expenses at cost. Expenses for which CONSULTANT shall be reimbursed are:
None
All requests for payment of expenses shall be accompanied by appropriate backup information. Any
expense anticipated to be more than $0.00 shall be approved in advance by the CITY's project manager.
ADDITIONAL SERVICES
The CONSULTANT shall provide additional services only by advanced, written authorization from the
CITY. The CONSULTANT, at the CITY's project manager's request, shall submit a detailed written
proposal including a description of the scope of services, schedule, level of effort, and CONSULT ANT's
proposed maximum compensation, including reimbursable expenses, 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.
TASK
EXIDBIT "C2"
ADDITIONAL SCOPE COST
Additional work on California A venue Concept Plan
Comprehensive Plan Formatting
Implementation matrix
Citywide Travel Demand Forecasting Model
Future Year Scenario Traffic Modeling for Comp
Plan Amendment ErR
2020 GHG Modeling
Weekly Teleconferences
Six Percent Billing Rate Increase
Cost Associated with an Extended Timeline
Website Reorganization
TOTAL
NOT TO EXCEED COST
$ 31,085.00
$ 12,913.00
$ 9,496.00
$ 58,523.00·
$ 68,OO4.00*'"
$ 9,277.00
$ 18,972.00
$ 12,302.00
$ 44,283.00
$ 9,237.00
$ 274,092.00
·rncludes $49,500.00 for Hexagon Consultants, $9,023.00 for CONSULTANT (5% Admin. Fee)
··Includes $57,060.00 for Hexagon Consultants, $10,944.00 for CONSULTANT (10% Management Fee)