Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Staff Report 4032
City of Palo Alto (ID # 4032) City Council Staff Report Report Type: Consent Calendar Meeting Date: 10/7/2013 City of Palo Alto Page 1 Summary Title: Downtown Development CAP RFP Award Title: Approval of Contract for the Downtown Development CAP to Dyett & Bhatia Urban & Regional Planners in the Amount Not to Exceed $200,000 From: City Manager Lead Department: Planning and Community Environment Recommendation Staff recommends that Council approve and authorize the City Manager or designee to execute contract with Dyett & Bhatia Urban & Regional Planners (Attachment A) in the amount of $200,000 for the Downtown Development Cap Study - Phase 1 project. Background In 1986, the City of Palo Alto conducted a Downtown Study, which examined parking, traffic and land use conditions in the Downtown area. As a result of the Study a downtown development cap policy (Downtown Development Cap) was adopted. This policy restricted future non- residential development to a total of 350,000 square feet beyond what was in existence or approved in the CD area as of May 1986 (Palo Alto Municipal Code Section 18.18.040 and Comprehensive Plan Program L-8). The 1986 study requires that City Staff monitor and submit an annual report to the City Council regarding development activity, vacancy rates and commercial lease rates in order to evaluate the effectiveness of these regulations. The most recent City Council report, released on March 11, 2013, provided information relating to the 2011-12 time period. This report showed that the downtown area had fully recovered from the recession and that only 11,790 square feet of new non-residential development remains available (as of the end of 2012) before the re-evaluation limit of 235,000 square feet would be reached. Approximately 30,000 square feet of non-residential development has been approved since that time, such that the evaluation milestone has now been reached. The City Council, on November 5, 2012, instructed staff to develop a scope of work for this evaluation and for the PTC to review and provide input on the scope of work prior to a Request for Proposals (RFP) being released. The Scope of Work was reviewed by the PTC on January 9, 2013. An informational report was sent to Council on March 18, 2013. City of Palo Alto Page 2 As previously described to City Council, the Downtown Development Cap study will be completed in two phases. Phase 1 will focus on data collection and projection analysis. The specific tasks identified for the Phase 1 scope of work include the following: Phase 1: Data Collection and Projections Analysis A. Review of Prior Downtown Study and Related Documents The selected consultant for the project will review the 1986 Downtown Study report and related materials, as well as subsequent monitoring reports, Comprehensive Plan policies, zoning regulations, and any other relevant documents. B. Existing Conditions Evaluation The selected consultant will be responsible for evaluating existing traffic and parking conditions in the Downtown and immediately surrounding areas. Existing level of service studies should be conducted for key intersections and roadway segments. In addition, the selected consultant should evaluate existing visitor (hourly) and permit parking conditions in the Downtown and surrounding areas. C. Projected Growth Impact Analysis Using the existing conditions report and an economic growth demand analysis as the foundation, the selected consultant should evaluate scenarios for potential development, and future level of service (LOS) of key intersections and roadway segments based on projected growth. In addition, future commercial and nearby residential parking conditions should also be evaluated based on growth scenarios. The parking analysis should be completed for Downtown visitor and permit parking, as well as street parking and “intrusion” in the surrounding residential neighborhoods. The projected traffic and parking conditions should be based on the existing development cap policies and zoning code regulations. The Phase 1 RFP is contained in Attachment B. Transportation, planning and economic consultant services are required to complete this study in a timely manner, as the work effort is substantial and well beyond staff’s work program capabilities. The study should also benefit from a consultant team’s knowledge of similar studies, issues, and solutions in other communities. As noted above, this proposed study has been broken down into two phases, and the attached RFP focuses on the first phase. Phase 2: Policy Analysis City of Palo Alto Page 3 Although not the subject of this RFP, an RFP for a second phase of this study will be released subsequent to the completion of Phase 1. This scope of work for this second phase has not yet been completed, however it is expected that the effort will require a consultant team to make planning and transportation policy recommendations using the “Phase 1” findings, a more detailed economic analysis and community input. Therefore, consultants submitting proposals in response to the subject, Phase 1 RFP, must be qualified to submit a proposal for Phase 2 work in the future. Discussion The City received five proposals in response to the RFP solicitation for the Downtown Development Cap Study- Phase 1 project. These five firms were invited to participate in interviews and one selected for award of the contract consistent with the RFP. This staff report provides information needed by Council for approval of a contract with Dyett & Bhatia Urban & Regional Planners. The solicitation and selection process is outlined below. Summary of Solicitation Process Proposal Description/Number Downtown Development Cap Study- Phase 1 Proposed Length of Contract: Six months (with additional six month renewal option) Total Days to Respond to RFP: 30 days Pre-proposal Meeting Date: April 30, 2013 Number of Proposals Received: Four Proposals Received from: Location (City, State) Selected for oral interview? Dyett & Bhatia San Francisco, CA Yes RBF Consulting Marina, CA Yes Hexagon San Jose, CA Yes TKJM Pleasanton, CA Yes The proposals were judged by the following criteria: City of Palo Alto Page 4 Team experience and resources; Project manager experience; Understanding of local community; Ability to complete Phase 2, and Cost The City released an (RFP) for the design of the Downtown Development Cap Study - Phase 1 on April 22, 2013. A pre-bidders teleconference was held on April 30, 2013 to help provide background regarding the projects. Four proposals were received in response to the RFP. An evaluation committee consisting of Planning and Transportation staff and a member of the Planning & Transportation Commission reviewed the proposals and participated in the interview process. The four firms were invited to participate in oral interviews held on July 18, 2013. Of the four consultant teams, the interview panel selected Dyett & Bhatia Urban & Regional Planners for the project, in that they demonstrated their ability to conduct a thorough data collection and growth projection analysis, as well as an extensive public outreach process that is necessary for this phase of the project. Staff informed Dyett & Bhatia of the panel’s selection in early August. Preparation of the contract documents and confirmation of funding sources for the study was completed in late September. The contract with Dyett & Bhatia Urban & Regional Planners is for a total amount of $200,000. Timeline Immediately upon execution of a contract, staff will meet with the consultant to initiate the scope of work described in the attachments. Phase 1 of the project includes extensive public input and creation of a Downtown Stakeholders Task Force. In conjunction with staff, Dyett & Bhatia Urban & Regional Planners will organize and lead meetings of the Downtown Stakeholders Task Force and community workshop meetings. It is expected that initial meetings will be focused on presentation of the existing conditions report and projected growth conditions analysis described above. Check-in meetings and hearings with the Planning and Transportation Commission, City Council and the community will be programed soon after project initiation. It is expected that Phase 1 will be completed in six months. Resource Impact City of Palo Alto Page 5 Funding for the Downtown Development Cap Study - Phase 1 project is included in the Fiscal Year 2014 Operating Budget. The 2014 Adopted Operating Budget included $250,000 in the General Fund for this study and a downtown parking study. The timeline for the downtown parking study was accelerated, and that study was completed and in Fiscal Year 2013. As a result, the entire $250,000 is available for the Downtown Development Cap Study in Fiscal Year 2014. With a $200,000 cost for Phase 1 of the study, there is $50,000 remaining for the second phase of this study.No additional funds are needed at this time. Staff expects that costs for completing the policy analysis in Phase 2 would not exceed $50,000. Policy Implications The requirement to conduct this evaluation is specified in the Comprehensive Plan as follows: Program L-8: Limit new non-residential development in the Downtown area to 350,000 square feet, or 10% above the amount of development existing or approved as of May 1986. Reevaluate this limit when non-residential development approvals reach 235,000 square feet of floor area. In addition, other policies could be impacted as a result of this evaluation. This includes policies related to parking, traffic and land use (zoning) in the Downtown area. The 1986 study impacted policies in the Comprehensive Plan and text within the zoning ordinance. It is expected that this evaluation could result in revisions to both documents as well. The 1986 Downtown Study included a 12-point Public Parking Program that is outlined in the Comprehensive Plan. Many of these measures have been implemented since the 1986 study, while some have not. For example, point #4 states the City should “discourage parking specifically in surrounding residential neighborhoods.” Although new parking garages have increased Downtown parking supply since 1986, little has been done to limit business employees from parking in the surrounding neighborhoods. Environmental Review Environmental review is not required in order for the Council to approve the consultant contract as data collection by itself will not have an environmental effect. Therefore this phase of the study is exempt from the California Environmental Quality Act (CEQA) under Section 15061(b)(3) of the CEQA Guidelines. All proposed policy changes, however, will need to be fully reviewed per the provisions of the California Environmental Quality Act (CEQA). The exact type of review will not be determined until the policy changes are proposed and associated impacts are identified. Attachments: City of Palo Alto Page 6 Attachment A: Contract with Dyett & Bhatia, Urban & Regional Planners (PDF) Attachment B: Downtown Development Cap RFP (PDF) CITY OF PALO ALTO CONTRACT NO. C14149978 AGREEMENT BETWEEN THE CITY OF PALO ALTO At'W DYETT & BHATIA, URBAN AND REGIONAL PLANNERS FOR PROFESSIONAL SERVICES This Agreement is entered into on this day of September, 2013, ("Agreement") by and between the CITY OF PALO ALTO, a California chartered municipal corporation ("CITY"), and DYETT & BHATIA, URBAN AND REGIONAL PLANNERS, a Califomia corporation, located at 755 Samsome Street, Suite 400, San Francisco, California, Telephone (415) 956-4300 ("CONSULTANT"). RECITALS The following recitals are a substantive portion of this Agreement. A. CITY intends to evaluate existing and projected parking, traffic and land use conditions in the downtown Palo Alto, ("Project") and desires to engage a consultant to provide analysis in cOlmection with the Project ("Services"). B, CONSULTANT has repr,esented that it has the necessary professional expertise, qualifications, and capability, and aU 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 in Exhihit "An in accordance ,,)ith the terms and conditions contained in this Agreement. The performance ofall Services shall be to the reasonable satisfaction of CITY. The term of this Agreement shall be from the date of its full execution through completion of the services in accordance with the Schedule of Performance attached as Exhibit "B" unless terminated earlier pursuant to Section 19 of this Agreement. SECTION 3. SCHEDULE OF PERFORMANCE. Time is ofthe essence ill 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 apart of this Agreement. AllY Services for which times for performance arc not specified in this Agreement shalIbecommenced and completed by CONSULTANTTiiareasonablyproiiipfandiliiieIym-a-n-"ne=r--- Professlonfll Scrvk.es Rev, No". 1,2011 based upon the circumstances and direction communicated to the CONSULTANT. CITY's agreement to extend the term or the schedule for performance shali not preclude recovery of damages for delay if the extension is required due to the fault of CONSULTANT. SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to CONSULTANT for performance ofthe Services described in Exhibit "A", including both payment for professional services and reimbursable expenses, shali not exceed Two Hundred Thousand Dollars ($200,000.00). The applicable rates and schedule of payment are set out in Exhibit "C-I", entitl",d "HOURLY RATE SCHEDULE," which is attached to and made a part of this Agreement. Additional Services, if any, shall be authorized in accordance with and subject to the provisions of Exhibit "C". CONSULTANT shall not receive any compensation for Additional Services performed without the prior written authorization of CITY. Additional Services shall mean any work that is determined by CITY to be necessary for the proper completion of the Project, but which is not included within the Scope of Services described in Exhibit "A". SECTION 5. INVOICES. In order to request payment, CONSULTANT shall submit monthly invoices to the CITY describing the services performed and the applicable charges (including an identification of personnel who performed the services, hours worked, houriyrates, and reimbursable expenses), based upon the CONSULTANT's billing rates (set forth in Exhibit "C-I "). If applicable, the invoice shall also describe the percentage of completion of each task. The information in CONSULTANT's payment requests shall be subject to verification by CITY. CONSULTANTshali send all invoices to the City's project manager at the address specified in Section 13 below. The City will generally process and pay invoices within thirty (30) days of receipt. SECTION 6. OUALIFICATIONS/STANDARD OF CARE. All of the Services shall be performed by CONSULTANT or under CONSULTANT's supervision. CONSULTANT represents that it possesses the professional and technical personnel necessary to perform the Services required by this Agreement and that the personnel have sufficient skill and experience to perform the Services assigned to them. CONSULTANT represents that it, its employees and subconsultants, ifperrnitted, 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 shall correct, at no cost to CITY, any and 2 ------------Professiollal-Serviceeo,C-- Rev. Nov. I, 2011 S:\ASD\PURCH\SOLICITATIONS\CURRENr BUYER-eM FOLDERS\PLANNING -CHRIS\CONTRACTS\Dyelt& Bhatia\C14149978 CONlRACT DEV CAP.doc all errors, omissions, or ambiguities in the work product submitted to CITY, provided CITY gives notice to CONSULTANT. If CONSULTANT has prepared plans and specifications or other design documents to construct the Project, CONSULT ANT shall be obligated to correct any and all errors, omissions or ambiguities discovered prior to and during the course of construction of the Project. This obligation shall survive termination of the Agreement. SECTION 9. COST ESTIMATES. If this Agreement pertains to the design ofa 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 (I 0%) of the CITY's stated construction budget, CONSULTANT shall make recommendations to the CITY for aligning the PROJECT design with the budget, incorporate CITY approved recommendations, and revise the design to meet the Project budget, at no additional cost to CITY. SECTION 10. INDEPENDENT CONTRACTOR. It is understood and agreed that in perfonning the Services under this Agreement CONSULTANT, and any person employed byor contracted with CONSULTANT to furnish labor and/or materials under this Agreement, shall act as and be an independent contractor and not an agent or employee of the CITY. SECTION 11. ASSIGNMENT. The parties agree that the expertise and experiel)ce 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 2. SUBCONTRACTING. Notwithstanding Section II above, CITY agrees that subconsuItants may be used to complete the Services. The su bconsuItants authorized by CITY to perform work on this Project are: Nelson\Nygaard 116 New Montgomery Street, Suite 500 San Francisco, CA. 94105 (415) 284-1544 Economic & Planning Systems, Inc. 250 I Ninth Street, Suite 200 Berkeley, CA. 94710 (510) 845-9190 The Henne Group 116 New Montgomery Street, Suite 812 San Francisco, CA. 94105 (415) 348-1700 4 Professionlli Services Rev. Nov. 1,2011 S:\ASD\PURCffiSOLTCIT A TIONS\CURRENT BUYER·eM FOLDERS\PLANNING· CHRIS\CONTRACTS\Dyett & Bhalia\C14149918 CONTRACT DEV CAP.doc 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 Rajeev Bhatia as the Principal-in-Charge to have supervisory responsibility for the performance, progress, and execution ofthe Services and Sophie Martin 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 ofthe Project or a threat to the safety of persons or property. The City's project manager is Steven Turner, Planning & Community Environment Department, Planning Advanced Planning Division, 250 Hamilton Avenue, Palo Alto, CA 94303, Telephone (650)329-2155. The project manager will be CONSULTANT's point of contact with respect to performance, progress and execution of the Services. The CITY may designate an alternate project manager from time to time. SECTION 14. OWNERSHIP OF MATERIALS. Upon delivery, all work product, including without limitation, all writings, drawings, plans, reports, specifications, calculations, documents, other materials and copyright interests developed under this Agreement shall be and remain the exclusive property of CITY without restriction or limitation upon their use. CONSULTANT agrees that all copyrights which arise from creation of the work pursuant to this Agreement shall be vested in CITY, and CONSULTANT waives and relinq uishes 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, CONSULT ANT shall protect, indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents (each an "lndemnified Party") from and against any and all demands, claims, or liability of any 5 Professional Services Rev. Nov. 1,201 J S:\ASD\PURCH\SOLICITA TIONS\CURRENT BUYER-eM FOLDERS\PLANNING -CHRIS\CONTRACTS\Dyett & Bhatia\C14149978 CONTRACT DEV CAP.doc nature, including death or injury to any person, property damage or any other loss, including all costs and expenses of whatever nature including attorneys fees, experts fees, court costs and disbursements ("Claims") that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT, its officers, employees, agents or contractors under this Agreement, regardless of whether or not it is caused in part by an Indemnified Party. 16.2. Notwithstanding the above, nothing in this Section 16 shall be construed to require CONSULTANT to 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 ofthe 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 ofthe same or of any other term, covenant, condition, provision, ordinance or law. SECTION 18. INSURANCE. IS.I. 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. IS.2. All insurance coverage required hereunder shall be provided through carriers with AM Best's Key Rating Guide ratil1gs of A-:Vll 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 fu II force and effect during the term of this Agreement, identical insurance coverage, naming CITY as an additional insured under such policies as required above. IS.3. Certificates evidencing such insurance shall be filed with CITY concurrently with the execution ofthis Agreement. The certificates will be subject to the approval of CITY's Risk Manager and will contain an endorsement stating that the insllfance 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 ofthe cancellation or modification. If the insurer cancels or modifies the insllfance 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 ofthe CONSULTANT's receipt of such notice. CONSULTANT shall be responsible for ensurin,g that current certificates evidencing the insurance are provided to CITY's Purchasing Manager during the entire term ofthis Agreement. 5 Professional Services Rev. Nov. 1, 2011 S:\ASD\PURCH\SOLICIT A TIONS\CURRENT BUYER-eM FOLDERS\PlANNING -CHRIS\CON'fRACTS\Dyelt & Bhatia\C 14149978 CONTRACT DEV CAP.doc 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 indemnificatior:t 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 ofthe 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 immed iately 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 thereofto CITY; but only in the event ofa substantial failure of performance by CITY. 19.3. Upon such suspension or termination, CONSULTANT shall deliver to the City Manager immediately any and all copies of studies, sketches, drawings, computations, and other data, whether or not completed, prepared by CONSULTANT or its contractors, if any, or given to CONSULTANT or its contractors, ifany, in connection with this Agreement. Such materials will become the property of CITY. 19.4. Upon such suspension ortermination 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, ifthis Agreement is suspended or terminated on account of a default by CONSULTANT, CITY will be obligated to compensate CONSULTANT only for that portion of CONSULTANT's services which are of direct and immediate benefit to CITY as such determination may be made by the City Manager acting in the reasonable exercise ofhislher discretion. The following Sections will survive any expiration or termination ofthis 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 _________________ l'osLOffice_Box_L0250 _____ _ 6 Professional Services Rev. Nov. 1,2011 S:\ASD\PURCH'SOLICITA TIONS\CURRENT BUYER·eM FOLDERS\PLANNING " CHRIs\CONfRACfS\Dyett & Bhatia\CI4149978 CONTRACT DEV CAP.doc Palo A!to, 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 perfonnance ofthis Agreement, it will not employ subconsultants, contractors or persons having such an interest. CONSULTANT certifies that no person who has or will have any financial interest under this Agreement is an officer 'or employee of CITY; this provision willbe interpreted in accordance with the applicable provisions ., .. ' of the Palo Alto Municipal Code and the Government Code of the State of California. 21.3. Ifthe 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 shaH 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. 7 Professional Serviees Rev. Nov. 1,2011 S:\ASD\PURCH\SOLIClTA TIONS\CURRENT BUYER·eM FOLDERS\PLANNING -CHRTS\CONTRACTS\Dyelt & Bhatia\C14149978 CONTRACT DEV CAP.doc SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE REOUIREMENTS. CONSULTANT shall comply with the City's Environmentally Preferred Purchasing policies which are available at the City's Purchasing Department, incorporated by reference and may be amended from time to time. CONS~LTANT shall comply with waste reduction, reuse, rccycling and disposal requirements ofthe City's Zero Waste Program. Zero Waste best practices include first minimizing and reducing waste; second, reusing waste and third, recycling or composting waste. In particular, Consultant shall comply with the following zero waste requirements: • All printed materials provided by Consultant to City generated from a personal computer and printer including but not limited to, proposals, quotes, invoices, reports, and public education materials, shall be double-sided and printed on a minimum of30% or greater post-consumer content paper, unless otherwise approved by the City's Project Manager. Any submitted materials printed by a professional printing company shall be a minimum of30% or greater post-consumer material and printed with vegetable based inks. • Goods purchased by Consultant on behalf of the City shall be purchased in ""accordance with the City's EnVironmental Purchasing Policy including' but not limited to Extended Producer Responsibility requirements for products and packaging. A copy of this policy is on file at the Purchasing Office. • Reusable/returnable pallets shall be taken back by the Consultant, at no additional cost to the City, for reuse or recycling. Consultant shall provide documentation from the facility accepting the pallets to verifY that pallets are not being disposed. SECTION 24. NON-APPROPRIATION 24.1. This Agreement is subject to the fiscal provisions ofthe Charter ofthe City of Palo Alto and the Palo Alto Municipal Code. This Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at anytime within a fiscal year in the event that funds are only appropriated for a portion ofthe fiscal year and funds for this Agreement are no longer available. This section shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Agreement. SECTION 25. MISCELLANEOUS PROVISIONS. 25.1. This Agreement will be governed by the laws of the State of California. 25.2. In the event that an action is brought, the parties agree that trial of such action will be vested exclusively in the state courts of California in the County of Santa Clara, State of California. 25.3. The prevailing party in any action brought to enforce the provisions of this Agreement may recover its reasonab Ie 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. 8 Professional Services Rev, Nov. 1,2011 S:\ASD\PURCH\SOLIClTATlONS\CURRENT BUYER-eM FOLDERS\PLANNING -CHRlS\CONTRACTS\Oyett & Bhatia\C14149978 CONTRACT DEV CAP.doc 25.4. This document represents the entire and integrated agreement between the parties and supersedes all prior negotiations, representations, and contracts, either written or oral. This document may be amended only by a written instrument, which is signed by the parties. 25.5. The covenants, terms, conditions and provisions ofthis Agreement will apply to, and will bind, the heirs, successors, executors, administrators, assignees, and consultants of the parties. 25.6. If a court of competent jurisdiction finds or rules that any provision of this Agreement or any amendment thereto is void or unenforceable, the unaffected provisions of this Agreement and any amendments thereto will remain in full force and effect. 25.7. All exhibits referred to in this Agreement and any addenda, appendices, attachments, and schedules to this Agreement which, from time to time, may be referred to in any duly executed amendment hereto are by such reference incorporated in this Agreement and will be deemed to be a part'of this Agreement .. , 25.8 If, pursuant to this contract with CONSULTANT, City shares with CONSULTANT personal information as defined in California Civil Code section l798.81.5(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 ofthe system or in the security ofthe Personallnformatioll. CONSULTANT shall not use Personallnformation for direct marketing purposes without City's express written consent. II II II II II II II 25.9 All unchecked boxes do not apply to this agreement. 9 Professional Services Rev. Nov. 1,2011 S;\ASD\PURCH\SOLlCITATIONS\CURRENT BUYER-eM FOLDERS\PLANNING -CHRlS\CONTRACfS\Dyell & Bhalia\C14149978 CONTRACT DEV CAP.doc 25.10 The individuals executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities. 25.11 This Agreement may be signed in multiple counterparts, which shall, when executed by all the parties, constitute a single binding agreement 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 DYETT & BHATIA, URBAN AND REGIONAL PLANNERS City Manager t~'ffl< B4va Relv Bha110l1 (Sep 17, 21)13) RajeevBhatia APPROVED AS TO FORM: Principal/President Senior Asst. City Attorney Attachments: EXHIBIT "A": EXHIBIT "B": EXHIBIT "C": EXHIBIT "C-I ": EXHIBIT "D": SCOPE OF WORK SCHEDULE OF PERFORMANCE COMPENSATION SCHEDULE OF RATES INSURANCE REQUIREMENTS 10 Professional Services Rev. Nov. 1,2011 S:\ASD\PURClfISOUCITATIONS\CURRENT BUYER-eM FOLDERS\PlANNING" CHRIS\CONTRACTS\Dyett& Bhatia\C14149978 CONTRACT DEV CAP.doc TASKl: EXHIBIT "A" SCOPE OF'SERVICES Project Start-up, Review of Prior Downtown Study and Related Materials & Community Engagement Plan Objeclive: Kick-off the planning project, conduct reconnaissance, and establish specific dales jar key milestone., and initial outreach activities. I-A Review Background Material. Prior to the kickoff meeting with staff, CITY shall provide the CONSULTANT with salient plans, programs and studies pertaining to the Cap Study. The CONSULTANT team shall review these reports, including: the 1986 Downtown Study report and related materials, monitoring reports, Comprehensive Plan policies, zoning regulations, recent development proposals, and other documents. 1-8 Kickoff Meeling with CITY Staff (Team). CONSULTANT shan meet with CITY for kickoff working session, whjchshall include three principal components: • Review scope of work, identify data sources, clarii}' roles and responsibilities, and establish communication protoeo!, • Review community outreach program, key groups to outreach, and key project milestones. • Brainstonn and discuss key questions and issues related to the Downtown Cap Study, based on staff knowledge and experience, and consultant team review of background material (Task A). • Finalized Schedule/Milestones: Provide a finalized schedule with dates for milestones following the kickoff meeting. l-C Finalized Community Engagement Plan (CONSUL TANT). Develop a Community Engagement Plan detailing who shall be engaged and when, along with engagement strategies, recognizing that Phase I of the Downtown Cap Study is an analysis rather than policy-making phase. Following staff review, the Engagement Plan shall be finalized. Meetings Products • Kick-Off Meeting with CITY • Finalized Scope of Work and Schedule • Community Engagement Plan TASK 2: Existing Conditions & Trends Evaluation Objective: Evaluate existing parking and traffic conditions, and development trends to provide a baseline of understanding/or other known issues that will need to be considered in the planning process. 2·A Prepare GIS Database. Based on information from the CITY and other sources, prepare a GIS database. At minimum, this database shall include: 2 Professional Services Rev. Nov.l, 2011 S:IASD\PURCII\SOLlClTATIONSICURRENT BUYER-CM FOLDERS\PLANNING· CHRISICONTRACTS\Dyctt & Bhatia\CI 4149978 CONTRACT DEV CAP.doo • Existing (on the ground) land use in the Planning Area. This shall be based on information from CITY, County Assessor's office, and focused fieldwork. • Development built since 1986 • Approved and proposed development, and publie improvement projects • Transfer of development rights • Buildings with historic designations • Roadway and parking infrastructure 2-B Evaluate Development Trends: Infomlation from secondary sources, and the GIS database, development trends in Downtown since 1986 shall be characterized. These shall include factors such as land use changes by square feet (office, retail, residential, ete.) and number of establishments (such as restaurants and stores). Trends shall be portrayed quantitatively as well as spatially/visually based on GIS analysis, so they can be correlated with parking analysis. 2-C Parking Evaluation: CITY has gathered an extensive amount of Downtown parking data over the past few years. On-street occupancy data for the entire peripheral study area (bounded by Middlefield Road, Embarcadero Road, Alma Street and PaloAlto Avenue) is available from spring 20 II. Some of the surveys also include parking occupancy in off-street facilities, including a breakdown of visitor and permit parking. Parking turnover data is currently being collected by CITY for the same study area. CONSULTANT shall include a small budget for necessary and complementary field surveys but shall primarily rely on the already collected data from the most recent, complete counts. All relevant CITY collected data shall be provided in GIS (or comparable) and table format for preparation of a detailed parking inventory database and related maps of all public on-street spaces and off-street parking facilities located within the study area. CONSULTANT may utilize any other related GIS layers and supplement with aerial images and existing land use information. The database and maps shall include the number of spaces and be categorized based on, among other items, regulations, facility type, geography and permits. Parking utilization r~tes and patterns shall then be analyzed to assess the capacity for the existing supply to meet current demand. The analysis shali: • Evaluate system-wide denland as well as subgroups such as· public parking lots, garages, permit spaces, and on-street spaces by block. • Tabulate data by user groups (hourly visitor parking and permit parking) to understand behaviors and trends among particular population subsets. • Chart the dynanlics of the supply and demand relationship throughout the day and throughout the study area by the different facility types and by user groups. Since the existing occupied and vacant commercial square footage is available for Downtown, the peak parking occupancy can be linked to the square footage in order to develop a current "shared" parking ratio for the area. Some commercial sites with privately owned parking may need to be excluded from this exercise if there is no capacity/occupancy data available for those sites. This task shall also include an identification of Downtown development over the past 10 years and estimated impacts ofthat development and trends over thattimeframe, including the application of parking exemptions for transfer of development rights and other code provisions. 3 Professional Services Rev. Nov. 1,2011 S:\A.SD\PURCH\SOLICITATIONS\CURRENT BiJYER~CM FOLDERS\PLANNING -CHRIS\CONTRACTS\Dyett & Bhatia\C14149978 CON1RACT DEV CAP.doc In addition, CONSULTANT shall identifY non-conforming buildings (from a use and/or parking standpoint) that have converted to higher intensity office uses over the past 5 years. A definition shall be developed ofthe parking "intrusion," "saturation," "deficit," or other term and how that is best applied to the study area and surrounding neighborhoods. 2-D Traffic Evaluation: CONSULTANT shall evaluate existing traffic and multi-modal circulation conditions in the Downtown and immediately surrounding areas, with a focus on assessing the overall level of access to and from Downtown land uses. Existing traffic level of service (LOS) analysis shall be conducted in close collaboration with CITY planning and transportation staff for key intersections and roadway segments. This task shall include: • Observations of existing circulation conditions with a particular emphasis on: • Motor vehicle queuing and delay factors relating to parking access (i.e, traffic delay related to motOl'ists circulating in search of available parking, as well as observed traffic patterns related to unique parking-related factors such as the locations of specific lots and/or parking intrusion into adjacent areas). • Multi-modal circulation conditions for bicyclists, pedestrians and transit uses, particularly focusing on ; delay. factors. and/or other circulation constraints potentially affected by motor vchiole parking locations and motor vehicle delay/queuing factors. • Review of existing traffic, pedestrian and bicycle volume count data and collection of new data at key locations. CONSULTANT shall augment existing data with new AM & PM Peak Period (7-9 am and 4-6 pm) turning movement, bicycle, and pedestrian volume counts at up to eight intersections. • Traffic operations assessment: Existing AM and PM Peak Hour LOS at up to 15 study intersections. • Multi-modal circulation assessment: Assessment of bicycle, pedestrian & transit travel patterns, delay factors, and circulation constraints relevant to downtown access and internal circulation. 2-E Prepare Working Papers: The analysis above shall be compiled in either one report, or up to three working papers: • Land Use and Development Trends • Parking and Traffic Evaluation 2-F Planning and Transportation Commission Meeting: A kickoff/check-in meeting with the PTC shall bc held. The timing of this meeting shall be determined in consultation with CITY. If held after completion of the working papers in Task 2-E, the working papers shall be presented to the Planning and Transportation Commission, issues and implications discussed. 2-G Stakeholder Task Force: The working papers shall be presented to the Stakeholder Task Force for discussion. Key issues and implications shall be discussed and used to guide the analysis. The specific timing of the stakeholder presentation shall be decided at a check-in review with the Planning and Transportation Commission. 2-R Focus Groups: CONSULTANT shall conduct a series of focus groups with specific interests, such as the Downtown North, University South, and Professorville neighborhoods; the Downtown Business Improvement District; and the Chamber o[Commerce's Downtown Parking Committee. 4 Professional Services Rev. Nov. 1,2011 S:\ASD\PURCH\SOLlClT ATIONS\CURRENT BUYER-eM FOLDERS\PLANNING -CHRIS\CONTRACTS\Dyett & Bha!ia\C14149978 CONTRACT DEV CAP.doc ",' '., ,. Meetings Products • Planning and TranspOltation • Working Papers or combined report on Commission Meeting # I Land Use & Development Trends, and • Stakeholder Task Force Meeting #1 Parking & Traffic Evaluation Focus Groups Meetings • Stakeholder Meetings Task Force • Meeting Summary Memorandum • Focus Groups Meetings Summary TASK 3: Growth Projeetions & Implications Objective: Based on development trend~, zoning capacity, and developmentfeasibility testingJorecast growth 'prospects for Downtown based 'on 'reinOvaf 6/ cap, to enable evaluation of implications of cap removal. Analyze traffic, parking, and (optional) urbanform implications. Present results to the community, taskforce, and decision-makers to get direction for Phase 2. Conduct Development "Capacity" Analysis. Based on the GIS database, CONSULTANT shall calculate available unused zoning capacity. This shall be based on sites with potential to change in the coming decade based on certain metrics (building intensity, improvement to land value ratio, historical designation, use, etc.) Existing development at the opportunity sites shall be compared against potential floor area limits, and amount of capacity available, TDR "sending" capacity and other parameters shall be outlined. Given that existing parameters of the CITY'S Zoning Code (for example, all parking ground level 01' above is counted in the floor area ratio) may result in a variety of outcomes, assumptions shall be made based on recent development trends. 3-A Conduct Market and Dcvelopment Feasibility Analysis: CONSULTANT shall work to develop a set of development projections (5, 10, and potentially 20-years) that assume continued use of transfer of development rights and other existing provisions but removal of the development cap. The formulation of future development scenarios shall be based on a detailed analysis of development capacity and feasibility in the Downtown based on market and financial considerations. Specifically, CONSULTANT shall evaluate the development feasibility of increased in-fill densification, consistent with existing code, based on the economic fundamentals facing developers, property owners, and tenants. This shall include both an analysis of market demand and supply trends for the land uses and tenants seeking to and currently allowed to locate Downtown as well as the development feasibility of various building prototypes (e.g. higher density residential, office, and vertical mixed use). The development feasibility analysis shall take into account both the amount and type of vacant and/or underutilized property and the likely buy-out costs associated with existing uses. Specifically, CONSULTANT shall utilize development cash-flow pro-forma models to assess the financial feasibility of new or redevelopment under a variety of circumstances related to product types, parcel sizes, existing uses, and market trends. This analysis shall feed into the formulation of realistic development scenarios and, in turn, inform study projections related to parking, traffic, and other impacts of interest to the CITY. 5 Professional Services Rev. Nov. 1.2011 S:\t\SD\PURCH\SOLICITATIONS\CURRENT BUYER-CM FOLDERS\PLANNING -CHRJS\CONTRACTS\Dyett& Bhalia\C14149978 CONTRACT DEV CAP.doc 3-B Conduct Traffic Analysis: CONSULTANT shall evaluate future LOS of key intersections and roadway segments based on the projected growth scenarios. The projected traffic conditions shall be based on the existing development cap policies and zoning code regulations. This task shall include: • Traffic Model. Review of traffic volume forecasts contained in CITY citywide traffic model. Forecasted 2020 Baseline traffic volume forecast (if available) Forecasted 2035 Baseline volume forecast • Trip Generation & Trip Assignment Calibration. Review of underlying trip generation rates and trip distribution/assignment assumptions contained in the citywide traffic model. Since Downtown land uses typically generate a different rate of vehicle traffic (and parking demand) than non-Downtown uses, detailed calibration of the model-based trip generation forecast may be needed to accurately forecast Downtown traffic growth. In addition, this review shan assess the extent to which current parking policies affect the trip distribution and assignment pattern for motor vehicles (i.e, path of travel for motorists when arriving in Downtown). • Future-year Traffic Forecasts. Preparation of updated traffic-volume forecasts at study intersections based on anticipated land use changes and calibrated trip generation rates for Downtown land uses. This shan be based on up to three land use scenarios (Future Baseline and two alternate growth' scenarios). • Traffic Operations. Assessment of anticipated changes to AM and PM Peak Hour traffic LOS at study intersections based on potential increased growth: Year 2035 Future Baseline LOS (based on calibrated downtown trip rates) -this scenario would be based on continuation of current policies under the growth cap Year 2035 LOS with Alternate Growth Scenarios -CONSULT ANT shall evaluate up to two (2) alternate growth scenarios. 3-C Bicycle, Pedestrian & Tr ansit Circulation: Assessment of anticipated changes to AM & PM Peak Hour bicycle, pedestrian & transit circulation patterns based on forecasted growth and future-year traffic conditions. This shan include a qualitative assessment of potential constraints to bicycle, pedestrian and transit circulation, and net effect on downtown access, 'due to increased traffic volumes andlor parking-related factors. 3-D Conduct Parking Analysis: CONSULTANT shall utilize the growth projections developed by the Team to analyze the potential parking demand from new development and changes of use expected in Downtown. In similar studies, projections using standard Institute of Transportation Engineers (lTE) parking rates overstate demand. This may demonstrate that these projections are unrealistic for a mixed-use downtown environment like Palo Alto. In particular, mixed-use areas such as Downtown offer the opportunity to share parking spaces between various uses, thereby reducing the total number of spaces required compared to the same uses in stand-alone developments. This is a primary benefit with the CITY's proactive approach to build and provide public and shared parking facilities. CONSULTANT can therefore develop detailed projections of future demand based on a full analysis of supply, user demand characteristics, CITY regulations, and other market influences, drawing upon Urban Land Institute (ULI) methodologies. 6 Professional Services Rev.Nov.l.20!! S:\ASD\PURCH\SOUCIT A TIONS\CURRENT BUYER-eM FOLDERS\PlANNING -CHRIS\CONTRACTS\Dyett & Bhlltill\C14149978 CONTRACT DEV CAP.doc The parking projected shall be completed for the Downtown visitor and permit parking, as well as street parking in the surrounding residential neighborhoods. The projected parking conditions shall be based on Ibe existing development cap policies and zoning code regulations. This task shall also include analysis of: • Estimated parking demand required by increased growtb under each scenario and the likely impact of the demand on available parking in adjacent residential neighborhoods. • The likely impact of parking reductions based on the proximity of new development to Caltrain and other transit, bicycling and walking facilities, based on surveys of existing employee ridership for Downtown businesses and Stanford. 3-E Three-dimensional Computer Model and Growth Depiction: CONSULTANT shall prepare a three-dimensional computer model showing all buildings in the Downtown core area ("cereal box" style, rather than fully articulated buildings). Information on development sites, growth forecasts and prevailing height limits of 50 feet shall be used to portray new development, to provide three dimensional visual representation of (no cap) growth patterns. 3-F Conduct an Opeu House/Community Worksllop: Conduct a COnllnuruty workshop session, open to all community members, to present findings of Ibe analysis. This could be conducted as a fonnal workshop or a drop-in open house. The objectives are: • Educate the public on Downtown development issues; • Describe metbodology for the analysis; present findings from the existing conditions and growth impacts analysis; • Engage community members in a dialogue about their vision for Downtown and their concerns and priorities; and • IdentifY key issues for Phase 2. 3-G Stakeholders Task Force Meeting #2: At Ibe second meeting of the Stakeholders Task Force, CONSULTANT shall present the findings from subtasks A through 0, as well as the input received from the community at Ibe open housefworkshop. Input received at Ibis meeting shall be summarized in a mcmorandum and incorporated into the presentations to decision-makers (subtasks II and I). The specific timing oflbe stakeholder presentation shall be decided at a check-in review with Ibe Planning and Transportation Commission. 3-H Planning and Transportation Commission Meeting: CONSULTANT shall present the results of the development capacity analysis, feasibility analysis, and traffic/parking analysis at one meeting of the Planning and Transportation Commission, and solicit feedback and recommendations for presentation to Ibe City Council. 3-1 City Council Meeting: CONSULT ANT shan present the findings of the Development Cap Stndy in one meeting wilb the City Council, focusing on analysis results, community input, and identification of key issues and broad policy considerations for Phase 2 of the effort. Meetings 7 Protess.lorud Services Rev, NQv" 1, lOll S,IASDIPURCHISOLlCITATIONS\OJRRENT BUYER·CM FOLDIlRSIPLANNlN(l· CHRlSlCONTRACrSIDyett& Bhatia1Cl4149918 CONTRACT DEV CAP,doc • Stakeholders Task Foree Meeting #2 • Downtov.'fl Development Capaeity Analysis • Open House/Community Workshop • Market and Development Feasibility • Planning & Transportation Commission Analysis Meeting #2 • Traffic and Parking Analyses • City Council Meeting • Stakeholders Task Force Meeting Summary Memorandum • 3D Computer Model TASK 4: Surveys on Parking Habits and Employment Density Objective: This work has three prrncipal components: • Sireet intercept interviews conducted within the downtown district (approximately 400 completes, survey length~5 minutes) , , . .., • A telephone survey of businesses located wilh a sample of buildings within the downtown district (number of completes for this together with item 3 below ranging from 200 to 350, dependent on number qf businesses located within the District; see detailed discussion later) • Afollow-up in-person interview conducted with businesses ijCONSULTANTwere nol able to locale or conduct via telephone (sur~ length 5 minutes) This task should start co11CUrrently with Task 2. Power Point style summary report of findings of the two surveys shall be prepared. 4-A Finalize Study Design: CONSULTANT shall meet with CITY to determine the final specifications of all phases of the research. All phases of the research shall be conducted simullaneously, but may be conducted one after the other if necessary. 4-B Street Intercept: Prepare Sampling Plan and 5-Minute Survey Instrument. After the initial planning meeting with the CITY, CONSULTANT shall prepare a sampling plan for the initial street intercept interviews. The sampling plan shall contain approximately four 12-hour Monday-Friday shifts (8 AM -8 PM), with teams of two interviewers working each shift. CONSULT ANT staff shall help to design the survey instrument It is estimated that this shall take no more than 5 minutes for each interview to administer in the field. 4-C Street Intercept: Hire and Train Interviewers: CONSULTANT shall hire and train an interviewing corps capable of going to selected locations and conducting on-the-street interviews. All interviewers shall be trained specifically on procedures as to how to approach potential respondents, and how best to engage them. They shall also be trained about the specific purpose of this project, as well as the specific questionnaire to be used for this study. 8 Professional Serv~ Rev, No\', J, 2011 S;\ASDIPURCH\SOUCITA TIONSICURRENT BUYER-eM FOWERSIPLANNING • (''HRISICONTRAcrSID)<it '" Bha]ia\C 14149918 CONTRACT DEV CAP.doc 4-D Street Intercept: Conduet Interviews: Once CONSULTANT's interviewers have been hired and trained, a schedule shall be developed according to the sampling plan, and interviewers shall be senlto the chosen locations to conduct interviews. After each shift, interviewers shall bring the completed questionnaires back to CONSULTANT's offices, and the completed questio111laires shall be sorted and batched for data entry. A total of400 interviews shall be completed althe conclusion of this phase of the study. 4-D Street Intercept: Data Entry: After the questio111laires have been sorted and batched, they shall be key-entered using CONSULTANT's data entry system. Each questionnaire shall be completely entered TWICE by two different persons. In this way, mistakes that may be made by the first person shall be picked up and corrected by the second person. 4-E Street Intercept: Preparation of Final Dataset: After all questionnaires have been key-entered and verified, a final dataset and data map shall be prepared and delivered to the CITY in either EXCEL or SPSS. 4-F Street Intercept: Tabulation of Results, Conduct Statistical Analyses of Results, Prepare PowerPoint Summary Report of Findings, Present Findings: Once the dataset has been edited and cleaned, the results shall be tabulated into a banner cross-tabular report, and 'statistical analyses of the survey responses shall be conducted. A final PowerPointreport shall be prepared, and a presentation of results shall be made to the CITY. 4-G Business Study: DevelOp Sampling Plan and 5-Minute Survey Instrument: CONSULTANT shall meeting with CITY, to develop a random sampling plan of office buildings within the business district. Buildings in which the only commercial tenants are restaurants and retail tenants would not be sampled. The goal shall be to assess the number of workers in entire buildings in order to determine ratio of workers to building area with confidence The target number of interviews to complete shall depend on the CITY providing CONSULTANT with a reasonable estimate of the number of businesses in the district. CONSULTANT shall obtain this number from the CITY, and it is small enough, CONSULTANT may be able to complete as few as 200 interviews and have the results be accurate to within + 5% at the 95% level of confidence. If CONSULT ANT is not able to obtain a reasonable estimate from the CITY, or ifthe number of estimated businesses within the district is large enough (4,000 or more) CONSULTANT will need to complete between 350-370 interviews to achieve the same level of statistical significance. To assure that CONSULTANT is representing different types oftenants, buildings shall be classified into three size categories -small, medium, and large (the definition of which to be decided in this initial meeting), and a stratified sample shall be developed based on the approximate number of each type of building within the district. CONSULTANT shall design the survey instrument. It is estimated that this shall take no more than 5 minutes to administer in the field. 4-H Business Study: Purchasing and Loading of Telephone Sample: Based on the buildings that have been sampled, CONSULTANT shall purchase a telephone listing of all businesses located in these. CITY Does not expect that this shall be a complete listing, or that all businesses within each building shall be part of this sample. At minimum 70% of qualifYing businesses shall be contained in the sample. 9 Professional Services Rev. Nov. 1,2011 S:\ASD\PURCH\SOLICIT A TIONS\CURRENT BUYER·CM FOLDERS\PLANNrNG -CHRlS\CONTRACTS\Dyetl & Bhatia\C14149978 CONTRACT DEY CA P,doc 4-1 Business Study: Hire and Train Interviewers: CONSULTANT shall hire and train an interviewing corps capable of conducting telephone interviews with business respondents. All interviewers shall be trained specifically on procedures as to how to best assure that respondents cooperate, and how best to engage them. They shall also be trained about the specific purpose of this project, as well as the specific questionnaire to be used for this study. 4-J Business Study: Conduet Telephone Interviews. Once CONSULTANT's interviewers have been hired and trained, a schedule shall be developed so that interviews can be conducted during business hours Monday -Friday. Approximately 75% of the interviews CONSULTANT needs to complete shall be completed by telephonc. rfupon screening CONSULTANT determines that a business is not located in the indicated building or any other of the sampled building, CONSULTANT shall not interview that business. 4-K Business Study: Conduct In-Person Interviews of Businesses within Selected Buildings. After several attempts have been made to all businesses in the telephone sample, CONSULTANT's interviewers shall go to the selected businesses in the district and compile a list of businesses in the selected buildings that are not part of the telephone sample. Once this list is compiled, interviewers shall attempt to interview someone in each of these businesses, as well as businesses in which the CONSULTANT has not been able to complete an interview via telephone. 4-L Business Study: Data Entry: After the questionnaires have been sorted and batched, they shall be key-entered using CONSULTANT's data entry system. Each questionnaire shall be completely entered twice by two different persons, for the purpose of catching data input errors. The dataset shall then be merged with the results of the telephone business survey. 4-M Business Study: Preparation of Final Dataset. After all questionnaires have been key-entered and verified, a final dataset and data map shall be prepared and delivered to the CrTY in either EXCEL or SPSS. 4-N Business Study: Tabulation of Results, Conduct Statistical Analyses of Results, Prepare PowerPoint Summary Report of Findings, Present Findings. Once the dataset has been edited and cleaned, the results shall be tabulated into a banner crosstabular report, and statistical analyses of the survey responses shall be conducted. A final PowerPoint report shall be prepared, and a presentation of results shall be made to the CITY. 4-0 Assessment of Building Employment Intensity: CONSULTANT shall use information on workers and correspond this with floor area information for specific buildings in the GIS database based on information provided by the CITY or the County Assessor's Office to determine average floor area per employee, as well as potentially variation by building size or nature of business, to the extent this information is available. Meetings Prodncts • Staff Meeting on Survey Design • Powerpoint Report on Street Intercept • One Presentation on Findings • Powerpoint Report on Business Study • Printing: CONSULTANT shall provide one hard copy and one electronic copy (including in native file formats) of all products. Printing of additional copies shall be additional services. [0 Professional Services Rev. Nov. 1,2011 S:'lASD\PURCH\sOLICITATIONS\CURRENT BUYER·eM fOLDERS\PLANNING -CHRIS\CONTRACfS\Dyett & Bhatia\C14149978 CONTRACT DEV CAP,doc • Meeting Attendance. Meeting attendance shall be as specified in the work tasks. Additional meeting attendance shall be additional services. • Consolidated Comments and Direction. CITY staff shall provide a single set of consolidated comments on review drafts of all documents. A single iteration of each product; correciion of CONSULTANT's errors shall not constitute additional services. 11 Professional Services Rev. Nov. 1,2011 S;\ASD\PURCH\SOLICIT ATIONS\CURRENT BUYER-eM FOLDERS\PIANNING -CHRIS\CONTRACTS\Dyett & Bhatia\C14149978 CONTRACf DEY CAP.doe 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 tenn of the Agreement. CONSULTANT shall provide a detailed schedule of work consistent with the schedule below within 2 weeks of receipt of the notice to proceed. Milestones Task 1: Start-up, review of prior materials and Community engagement plan-start: Week 0; end: Week 4; Review background materials-4 weeks Draft Community Engagement Plan-3 weeks Task 2: Completion No. of DayslWeeks FromNTP 4 weeks Existing conditions and trends evaluation-start: Week 2; end: Week 10; Existing conditions, land use and development, ·8 weeks traffic evaluation working papers-8 weeks Task 3: Growth projections and implications-start: Week 4; end: Week 24; Traffic and parking analysis: 12 weeks Market and developmentfeasibility analysis: 14 weeks Downtown development capacity analysis: 16 weeks 3D computer model: 17 weeks Task 4: Surveys on parking habits and employment density-start: Week 3; end: Week 12; Draft survey, parking habits: 7 weeks Draft survey, employment density: 7 weeks 12 20 weeks 9 weeks Professional Services Rev. Nov. 1,2011 S:\ASD\PURCH\SOLICITATIONS\CURRENT BUYER·eM FOLDERS\PLANNING -CHRlS\CONTRACTS\Dyett & Bhalia\C14149978' CONTRACT DEV CAP.doe 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-I up to the not to exceed budget amount for each task set forth below. The compensation to be paid to CONSULTANT under this Agreement for all services described in Exhibit "A" ("Basic Services") and reimbursable expenses shall not exceed $200,000.00. CONSULTANT agrees to complete all Basic Services, including reimbursable expenses, within this amount. Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to the CITY. CONSULTANT shall perform the tasks and categories of work as outlined and budgeted below. The CITY's Project Manager may approve in writing the transfer of budget amounts between any ofthe tasks or categories listed below provided the total compensation for Basic Services, including reimbursable expenses, does not exceed $200,000.00. BUDGET SCHEDULE Task I (Start Up, Review & Commun ity Engagement Plan) Task 2 (Existing Condition & Trends Evaluations) Task 3 (Growth Projections) Task 4 (Surveys on Parking Habits & Employment Density) Task 5 (Stakeholders Task Meetings) Task 6 (Focus Groups Meetings) Task 7 NOT TO EXCEED AMOUNT $8,978.00 $41,672.00 $80,895.00 $33,130.00 $8,430.00 $7,740.00 " ______ -----'CPlanning & transRortation Commission, ____________________ _ 18 Protessional Services Rev Nov. 1,2011 S:\ASD\PURCH\SOUCITA TlONS\CURRENT BUYER·eM FOLDERS\PLANNlNG· CHRIS\CONTRACTS\Dyett & BhaLia\C 14149978 CONTRACT DEV CAP.doc City Council Meetings) Task (Community Workshop Open House Meetings) Sub-total Basic Services Total Basic Services and Reimbursable expenses Maximum Total Compensation REIMBURSABLE EXPENSES $7,570.00 $9,690.00 $198,105.00 $1,895.00 $200,000.00 The administrative, overhead, secreiarial time or secretarial o\,'ertime, 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 oftravel 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 infonnation. Any expense anticipated to be more than $1,895.00 shall be approved in advance by the CITY's project manager. ADDITIONAL SERVICES The CONSULTANT shall prov ide additional services only by advanced, written authorization from the CITY. The CONSULTANT, at IheCITY'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-I. The additional services scope, schedule and maximum compensation shall be negotiated and agreed to in writing by the CITY's Project Manager and CONSULTANT prior to commencement of the services. Payment for additional services is subject to all requirements and restrictions in this Agreement 19 Profe~sional Services RevNov, 1,2011 S:\I\SD\PURCIDSOUCITA TIONS\CURRENT BUYER-eM FOLDERS\PlANNING -CHRlS\C0l"lTRACfS\Dyett & Bhatia\C14149978 CONTRACT DEV CAP.doc Hourly Task I Rate Start Up, Review of Prior !Materials, & CommuniTy Engagement Pian Dyett & Bhatia Principal, Rajeev $ 200 2,400 Bhatia Associate Principal, $ 175 - Vivian Kahn Senior Associate, $ 135 2,160 Sophie Martin GIS Specialist $ 100 - Planner/Urban $ 100 - toesigner Project Associate $ 65 260 Direct Costs -Travel, Printing., 100 Mailing Sub-Total 4,920 Nelson\Nygaard Principal V $ 197 788 Principal IV $ 180 720 APP $ 125 1,000 Associate 1I $ 100 - llotero $ 50 - I Direct Cost I Sub-Totall 2,508 l[Economic and Planning Systems I Principal $ 250 1,000 I Vice $ 200 400 President EXHIBIT "C-l" HOURLY RATE SCHEDULE 'Task2 Task 3 Task 4 SUB- TOTAL Existing Surveys on Parlcing Conditions Growth & Trends Projections Habits and 0 Evaluation Employment Density 4,000 3,600 1,800 11,800 1,400 1,400 -2,800 5,400 6,480 2,430 16,470 5,000 5,000 -10,000 1,200 10,000 -11,200 780 1,235 -2,275 100 368 20 588 17,880 28,083 4,250 55,133 7,092 9,062 394 17,336 1,800 3,600 -6,120 6,750 10,750 250 18,750 1,200 2,800 100 4,100 1,200 - -1,200 5,750 16 5,750 23,792 26,212 760 53,272 -10,000 -11,000 -12,000 -12,400 " . Meetings Planning & Stakeholders Focus Transportation Task Force (2) Groups (4) Commission! City Council (2) 2,400 2,400 2,400 - -- .2,700 4,320 2,160 --- 400 -- 260 260 390 100 100 100 5,860 7,080 5,050 - -- 720 360 720 250 250 250 --- - -- 50 50 1,020 660 970 1,000 -1,000 400 -400 S:IASDIPURCH\SOLICITATIONS\CURRENT BUYER-CM FOLDERSIPlANNING -CHRlS\CONTRACTSlDyctt & Bh.tia\CI4149978 CONl'RACT DEV CAP.doc ! ': TOTAL Community Workshop/ Open House (1) 1,600 20,600 -2,800 2,160 27,810 800 10,800 800 12,400 1,560 4,745 200 1,088 7,120 S 80,243 -17,336 720 8,640 250 19,750 -4,100 -1,200 50 5,900 1,020 $ 56,926 1,000 14,000 400 13,600 Professional Services Re:vNov. 1,20)] iResearch $ 115 --4,600 4,600 ----4,600 lInalvst - iEmployee $ 100.00 ---------0 ITvo~IV I Direet Cost 150 150 150 150 150 600 I Sub-Totall 1,550 -26';;00 18,150 1,5S0 1,5S0 1,5S0 $ 32,800 pc Henne Group lS,120 28,120 $ lS,lW ~A1.FEE. '78,978 41,672 80,1195 33,130 1'4,65~ .. <84430 "7,146 .rr , 7",JU ••.•.•• ·~,6~ l'f98~l~ , :'". :. I Direct costs in the project budget include reimbursable expeuses, includ!ng but nO"! limlled 10: air or auto travel, hQtel, parking, car "",tal, meals during out-of-tOWll trovel, printirig. mailing, and other similar expenses} shall be invoiced at DO mark-up I CONSULTk shall have the ability to reallocate budget between various consulting team """"hers and be\Ween tasks. provid~ the overall project budget does not change. 19 SIASDIPURCiOLlCITATIONSICURRENT BUYER-CM FOLDERSIPlANNlNG -CHRlSICONn<ACTS\DyeJI & B_'C 14149978 CU'ITRACT DEV CAP.doc I Professional Services Rev Nov. 1,2011 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 MAINT AlN lNSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BEWW, AFFORDED BY COMPANIES WITH AM BEST'S KEY RATING OF A-:VI~ OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN TIlE STA TE OF CALIFORNIA. A WARD IS CONTINGENT ON COMPLIANCE WITH CITY'S INSURANCE REQUIREMENTS, AS SPECIFIED BELOW, MINIMUM LIMITS REQUIRED TYPE OF COVERAGE REQUIREMENT EACH YES YES YES YES YES YES OCCURRENCE AGGREGATE WORKER'S COMPENSATION STATUTORY EMPLOYER'S LIABILITY STATUTORY BODlL Y INJURY $1,000,000 $1,000,000 GENERAL liABILITY, INCLUDING PERSONAL INJURY, BROAD FORM PROPERTY DAMAGE $1,000,000 $1,000,000 PROPERTY DAM AGE BLANKET CONTRACTUAL, AND FIRE LEGAL BODILY INJURY & PROPERTY DAMAGE $1,000,000 $1,000,000 LIABILITY COMBlNED, BODILY INJURY $1,000,000 $1,000,000 -EACH PERSON $1,00°1°00. $1,000,000 -EACH OCCURRENCE $1,000,000 $1,000,000 AUTOMOBILllLIABILITY, INCLUDING ALL OWNED, HIRED, NON-OWNED PROPERTY DAMAGE $1,000,000 $1,000,000 BODlL Y INJURY AND PROPERTY $1,000,000 $1,000,000 DAMAGE COMBINED PROFESSIONAL LIABILITY, INCLUDING, ERRORS AND OMISSIONS, MALPRACTICE (WHEN APPLICABLE), AND NEGLIGENT PERFORMANCE ALL DAMAGES $1,000,000 THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONTRACTOR, AT ITS SOLE COST AND EXPENSE, SHALL DBT AIN AND MAINTAIN, IN FUU FOReEAND EFFECT THRDUGHOUT lHEENTIRETERM OF ANY RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRmED, 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 WRITIEN 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. CONTACTORMUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE. III. ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO "ADDITIONAL INSUREDS" A. PRIMARY COVERAGE WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS. ------------------------- 18 Proressional Services Rev Nov. 1,2011 S:\ASD\PURCH\SOLlClTATIONS\CURRENT DUYER·CM FOLDERS\PLANNING· CHRIS\CONTRACTS\Dyett& BhHlia\CI4149978 CONTRACf DEY CAP,doc D. CROSS LIABILITY THE NAMING OF MORE 1HAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER TIlE POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY IUGHTS OF TIlE INSURED AGAINST ANOTHER, BUT TIllS ENDORSEMENT, AND TIlE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE TIlE TOTAL LIABILITY OF TIlE COMPANY UNDER THIS POLICY. C. NOTICE OF CANCELLATION I. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER THAN THE NON·PAYMENT OF PREMIUM, TIlE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. 2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THENON·PAYMENTOF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WIUTTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. NOTICES SHALL BE MAILED TO: PURCHASING AND CONTRACT ADMINISTRATION CITY OF PALO ALTO P.O. BOX 10250 PALO ALTO, CA 94303 19 Professional Services RevNov.i,2011 S:\ASD\PURCH\SOLICITA TIONS\CURRENT DUYER-eM FOLDERS\PLA.NNrNG -CHRIS\CONTRACTS\DyeU & Bhlltia\C14149978 CONTRACT DEV CAP.doc Planning & Community Environment Department Request for Proposal (RFP) Number 149978 for Professional Services Downtown Development Cap Evaluation Pre-proposal Meeting 2:30 p.m. April 30, 2013 RFP submittal deadline: 3:00 p.m. Tuesday, May 21, 2013 Contract Administrator: Chris Anastole (Email address) chris.anastole@cityofpaloalto.org CITY OF PALO ALTO PURCHASING/CONTRACT ADMINISTRATION 250 HAMILTON AVENUE PALO ALTO, CA 94301 (650) 329-2271 REQUEST FOR PROPOSAL (RFP) NO. 149978 FOR PROFESSIONAL SERVICES TITLE: DOWNTOWN DEVELOPMENT CAP EVALUATION 1. INTRODUCTION The City of Palo Alto is seeking proposals from qualified firms to provide professional services for the evaluation of existing and projected parking, traffic and land use conditions in the Downtown Palo Alto. The selected consultant must work closely with the City’s planning, transportation and economic development staff during the process, and must make presentations to the Planning and Transportation Commission and City Council, as well as various community groups as needed. The required services and performance conditions are described in the Scope of Work (or Services). 2. ATTACHMENTS The attachments below are included with this Request for Proposals (RFP) for your review and submittal (see asterisk): Attachment A – Proposer’s Information Form* Attachment B – Scope of Work/Services Attachment C – Sample Agreement for Professional Services Attachment D – Sample Table, Qualifications of Firm Relative to City’s Needs Attachment E – Cost Proposal Format Attachment F – Insurance Requirement The items identified with an asterisk (*) shall be filled out, signed by the appropriate representative of the company and returned with submittal. 3. INSTRUCTIONS TO PROPOSERS 3.1 Pre-proposal Conference A pre-proposal teleconference will be held on, Tuesday, June 30, 2013 at 2:30 P.M. The call in number is (605) 475-4800. The Access Code is 707751* All prospective Proposers are strongly encouraged to call. 3.2 Examination of Proposal Documents The submission of a proposal shall be deemed a representation and certification by the Proposer that they: 1 3.2.1 Have carefully read and fully understand the information that was provided by the City to serve as the basis for submission of this proposal. 3.2.2 Have the capability to successfully undertake and complete the responsibilities and obligations of the proposal being submitted. 3.2.3 Represent that all information contained in the proposal is true and correct. 3.2.4 Did not, in any way, collude, conspire to agree, directly or indirectly, with any person, firm, corporation or other Proposer in regard to the amount, terms or conditions of this proposal. 3.2.5 Acknowledge that the City has the right to make any inquiry it deems appropriate to substantiate or supplement information supplied by Proposer, and Proposer hereby grants the City permission to make these inquiries, and to provide any and all related documentation in a timely manner. No request for modification of the proposal shall be considered after its submission on grounds that Proposer was not fully informed to any fact or condition. 3.3 Addenda/Clarifications Should discrepancies or omissions be found in this RFP or should there be a need to clarify this RFP, questions or comments regarding this RFP must be put in writing and received by the City no later than 1:00 p.m., Tuesday, May 07, 2013. Correspondence shall be e-mailed to Chris Anastole, Contract Administrator, at chris.anastole@cityofpaloalto.org. Responses from the City will be communicated in writing to all recipients of this RFP. Inquiries received after the date and time stated will not be accepted and will be returned to senders without response. All addenda shall become a part of this RFP and shall be acknowledged on the Proposer’s Form. The City shall not be responsible for nor be bound by any oral instructions, interpretations or explanations issued by the City or its representatives. 3.4 Submission of Proposals All proposals shall be submitted to: City of Palo Alto Purchasing and Contract Administration 250 Hamilton Avenue, Mail Stop MB Palo Alto, CA 94301 2 Proposals must be delivered no later than 3:00 p.m. on Tuesday, May 21, 2013. All proposals received after that time will be returned to the Proposer unopened. The Proposer shall submit 6 copies of its proposal in a sealed envelope, addressed as noted above, bearing the Proposer’s name and address clearly marked, “RFP NO. 149978 FOR PROFESSIONAL SERVICES: DOWNTOWN DEVELOPMENT CAP EVALUATION.” The use of double- sided paper with a minimum 30% post-consumer recycled content is strongly encouraged. Please do not submit proposals in binders. 3.4 Withdrawal of Proposals A Proposer may withdraw its proposal at any time before the expiration of the time for submission of proposals as provided in the RFP by delivering a written request for withdrawal signed by, or on behalf of, the Proposer. 3.5 Rights of the City of Palo Alto This RFP does not commit the City to enter into a contract, nor does it obligate the City to pay for any costs incurred in preparation and submission of proposals or in anticipation of a contract. The City reserves the right to: Make the selection based on its sole discretion; Reject any and all proposals; Issue subsequent Requests for Proposals; Postpone opening for its own convenience; Remedy technical errors in the Request for Proposals process; Approve or disapprove the use of particular subconsultants; Negotiate with any, all or none of the Proposers; Accept other than the lowest offer; Waive informalities and irregularities in the Proposals and/or Enter into an agreement with another Proposer in the event the originally selected Proposer defaults or fails to execute an agreement with the City. An agreement shall not be binding or valid with the City unless and until it is executed by authorized representatives of the City and of the Proposer. 4. PROPOSED TENTATIVE TIMELINE The tentative RFP timeline is as follows: RFP Issued April 22, 2013 Pre-Proposal Meeting 2:30 P.M. Tuesday, April 30, 2013 3 Deadline for questions, clarifications 1:00 P.M. Tuesday, May 7, 2013 Proposals Due 3:00 P.M. Tuesday, May 21, 2013 Finalist Identified Week of May 27, 2013 Consultant Interviews Week of June 3, 2013 Consultant selection and contract preparation Week of June 10, 2013 Contract awarded Week of June 24,2013 Work commences July 2013 5. INFORMATION TO BE SUBMITTED (to be submitted in this order only) These instructions outline the guidelines governing the format and content of the proposal and the approach to be used in its development and presentation. The intent of the RFP is to encourage responses that clearly communicate the Proposer’s understanding of the City’s requirements and its approach to successfully provide the products and/or services on time and within budget. Only that information which is essential to an understanding and evaluation of the proposal should be submitted. Items not specifically and explicitly related to the RFP and proposal, e.g. brochures, marketing material, etc. will not be considered in the evaluation. All proposals shall address the following items in the order listed below and shall be numbered 1 through 8 in the proposal document. 5.1 Chapter 1 – Proposal Summary This Chapter shall discuss the highlights, key features and distinguishing points of the Proposal. A separate sheet shall include a list of individuals and contacts for this Proposal and how to communicate with them. Limit this Chapter to a total of three (3) pages including the separate sheet. 5.2 Chapter 2 – Profile on the Proposing Firm(s) This Chapter shall include a brief description of the Prime Proposer’s firm size as well as the proposed local organization structure. Include a discussion of the Prime Proposer firm’s financial stability, capacity and resources. Include all other firms participating in the Proposal, including similar information about the firms. Additionally, this section shall include a listing of any lawsuit or litigation and the result of that action resulting form (a) any public project undertaken by the Proposer or by its subcontractors where litigation is still pending or has occurred within the last five years or (b) any type of project where claims or settlements were paid by the consultant or its insurers within the last five years. 5.3 Chapter 3 – Qualifications of the Firm 4 This Chapter shall include a brief description of the Proposer’s and sub- Proposer’s qualifications and previous experience on similar or related projects and demonstrate your team’s understanding of the Palo Alto community and Downtown business operations (5 Page Max). Provide in a table format (see Sample Table, Attachment D) descriptions of pertinent project experience with other public municipalities and private sector that includes a summary of the work performed, the total project cost, the percentage of work the firm was responsible for, the period over which the work was completed, and the name, title, and phone number of client’s to be contacted for references. Give a brief statement of the firm’s adherence to the schedule and budget for the project. Provide a Statement of Qualifications that highlights the team’s experience in conduct of transportation (traffic) and parking analyses, planning analysis, and economic evaluations related to these issues. This experience should include completed work related to evaluating the impacts of existing and projected development conditions. Special attention should be given to the firm’s experience in balancing commercial district needs with quality of life issues in adjacent residential neighborhoods. In addition, the team’s experience related to zoning code review, and preparation or revisions to comprehensive plans, as well as its general planning experience should also be detailed. Finally, any experience in analyzing development thresholds should be included. Include recent project reference and project cost information. (3 Page Max) This chapter shall include information regarding any relationships with firms and/or individuals who may submit proposals in response to the RFPs being developed. 5.4 Chapter 4 – Work Plan or Proposal This Chapter shall present a well-conceived service plan. Include a full description of major tasks and subtasks. This section of the proposal shall establish that the Proposer understands the City’s objectives and work requirements and Proposer’s ability to satisfy those objectives and requirements. Succinctly describe the proposed approach for addressing the required services and the firm’s ability to meet the City’s schedule, outlining the approach that would be undertaken in providing the requested services. Detail the approach (task-by-task) and steps your team would take to complete the scope of work discussed within this request for proposals. 5.5 Chapter 5 – Proposed Innovations (Optional) 5 The Proposer may also suggest technical or procedural innovations that have been used successfully on other engagements and which may provide the City with better service delivery. In this Chapter discuss any ideas, innovative approaches, or specific new concepts included in the Proposal that would provide benefit to the City. 5.6 Chapter 6 – Project Staffing This Chapter shall discuss how the Proposer would propose to staff this project. Key project team members shall be identified by name, title and specific responsibilities on the project. Key personnel will be an important factor considered by the review committee. Changes in key personnel may be cause for rejection of the proposal. Include a flow chart that highlights the internal team’s reporting structure and the relation of team members and subconsultants. Highlight the Project Manager’s experience and qualifications and Quality Assurance programs to be used as part of the project. (2 Page Max) Include the resumes of the Project Principal and Project Manager (2 Page Max) 5.7 Chapter 7 – Proposal Exceptions This Chapter shall discuss any exceptions or requested changes that Proposer has to the City’s RFP conditions, requirements and sample contract. If there are no exceptions noted, it is assumed the Proposer will accept all conditions and requirements identified in the Attachment C – “Sample Agreement for Services.” Items not excepted will not be open to later negotiation. 5.8 Chapter 8 – Proposal Costs Sheet and Rates (Optional to provide in separate sealed envelope) The fee information is relevant to a determination of whether the fee is fair and reasonable in light of the services to be provided. Provision of this information assists the City in determining the firm’s understanding of the project, and provides staff with tools to negotiate the cost, provide in a table (See Table, Attachment E). Consultant shall provide the following information Direct labor rates for proposed staff; Overhead rate and breakdown of overhead elements; 6 Subconsultant billing rates and mark-up percentage for ODC’s (other direct costs); and identify all reimbursable expenses. Most recent complete financial instrument that would establish Proposer’s ability to complete the obligations of the contract resulting from this solicitation. (optional) This Chapter shall include the proposed costs to provide the services desired. Include any other cost and price information, plus a not-to-exceed amount, that would be contained in a potential agreement with the City. The hourly rates may be used for pricing the cost of additional services outlined in the Scope of Work. PLEASE NOTE: The City of Palo Alto does not pay for services before it receives them. Therefore, do not propose contract terms that call for upfront payments or deposits. 6. CONTRACT TYPE AND METHOD OF PAYMENT It is anticipated that the agreement resulting from this solicitation, if awarded, will be a not-to-exceed budget per task form of contract. A Sample Agreement of Services is provided as Attachment C. The method of payment to the successful Proposer shall be on a per task basis with a maximum “not to exceed” fee as set by the Proposer in the proposal or as negotiated between the Proposer and the City as being the maximum cost to perform all work. This figure shall include direct costs and overhead, such as, but limited to, transportation, communications, subsistence and materials and any subcontracted items of work. Progress payments will be based on a percentage of project completed. Proposers shall be prepared to accept the terms and conditions of the Agreement, including Insurance Requirements in Attachment F. If a Proposer desires to take exception to the Agreement, Proposer shall provide the following information in Chapter 7 of their submittal package. Please include the following: Proposer shall clearly identify each proposed change to the Agreement, including all relevant Attachments. Proposer shall furnish the reasons for, as well as specific recommendations, for alternative language. The above factors will be taken into account in evaluating proposals. Proposals that take substantial exceptions to the proposed Agreement may be determined by the City, at its sole discretion, to be unacceptable and no longer considered for award. Insurance Requirements 7 The selected Proposer(s), at Proposer’s sole cost and expense and for the full term of the Agreement or any extension thereof, shall obtain and maintain, at a minimum, all of the insurance requirements outlined in Attachment F. All policies, endorsements, certificates and/or binders shall be subject to the approval of the Risk Manager of the City of Palo Alto as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the Risk Manager. The selected Proposer agrees to provide the City with a copy of said policies, certificates and/or endorsement upon award of contract. 7. REVIEW AND SELECTION PROCESS City staff will evaluate the proposals provided based on the following criteria: 7.1 Quality and completeness of proposal; 7.2 Quality, performance and effectiveness of the solution, goods and/or services to be provided by the Proposer; 7.3 Proposers experience, including the experience of staff to be assigned to the project, the engagements of similar scope and complexity; 7.4 Cost to the city; 7.5 Proposer’s financial stability; 7.6 Proposer’s ability to perform the work within the time specified; 7.7 Proposer’s prior record of performance with city or others; 7.8 Proposer’s ability to provide future maintenance, repairs parts and/or services; and 7.9 Proposer’s compliance with applicable laws, regulations, policies (including city council policies), guidelines and orders governing prior or existing contracts performed by the contractor. The selection committee will make a recommendation to the awarding authority. The acceptance of the proposal will be evidenced by written Notice of Award from the City’s Purchasing/Contract Administration Division to the successful Proposer. 8. ORAL INTERVIEWS Proposers may be required to participate in an oral interview. The oral interview will be a panel comprised of members of the selection committee. Proposers may only ask questions that are intended to clarify the questions that they are being asked to respond. Each Proposer’s time slot for oral interviews will be determined randomly. Proposers who are selected shall make every effort to attend. If representatives of the City experience difficulty on the part of any Proposer in scheduling a time for the oral interview, it may result in disqualification from further consideration. 8 9. PUBLIC NATURE OF MATERIALS Responses to this RFP become the exclusive property of the City of Palo Alto. At such time as the Administrative Services Department recommends to form to the City Manager or to the City Council, as applicable, all proposals received in response to this RFP becomes a matter of public record and shall be regarded as public records, with the exception of those elements in each proposal which are defined by the Proposer as business or trade secrets and plainly marked as “Confidential,” “Trade Secret,” or “Proprietary”. The City shall not in any way be liable or responsible for the disclosure of any such proposal or portions thereof, if they are not plainly marked as “Confidential,” “Trade Secret,” or “Proprietary” or if disclosure is required under the Public Records Act. Any proposal which contains language purporting to render all or significant portions of the proposal “Confidential,” “Trade Secret,” or “Proprietary” shall be regarded as non-responsive. Although the California Public Records Act recognizes that certain confidential trade secret information may be protected from disclosure, the City of Palo Alto may not accept or approve that the information that a Proposer submits is a trade secret. If a request is made for information marked “Confidential,” “Trade Secret,” or “Proprietary,” the City shall provide the Proposer who submitted the information with reasonable notice to allow the Proposer to seek protection from disclosure by a court of competent jurisdiction. 9 10. COLLUSION By submitting a proposal, each Proposer represents and warrants that its proposal is genuine and not a sham or collusive or made in the interest of or on behalf of any person not named therein; that the Proposer has not directly induced or solicited any other person to submit a sham proposal or any other person to refrain from submitting a proposal; and that the Proposer has not in any manner sought collusion to secure any improper advantage over any other person submitting a proposal. 11. DISQUALIFICATION Factors such as, but not limited to, any of the following may be considered just cause to disqualify a proposal without further consideration: 11.1 Evidence of collusion, directly or indirectly, among Proposers in regard to the amount, terms or conditions of this proposal; 11.2 Any attempt to improperly influence any member of the evaluation team; 11.3 Existence of any lawsuit, unresolved contractual claim or dispute between Proposer and the City; 11.4 Evidence of incorrect information submitted as part of the proposal; 11.5 Evidence of Proposer’s inability to successfully complete the responsibilities and obligation of the proposal; and 11.6 Proposer’s default under any previous agreement with the City, which results in termination of the Agreement. 12. NON-CONFORMING PROPOSAL A proposal shall be prepared and submitted in accordance with the provisions of these RFP instructions and specifications. Any alteration, omission, addition, variance, or limitation of, from or to a proposal may be sufficient grounds for non- acceptance of the proposal, at the sole discretion of the City. 13. GRATUITIES No person shall offer, give or agree to give any City employee any gratuity, discount or offer of employment in connection with the award of contract by the city. No city employee shall solicit, demand, accept or agree to accept from any other person a gratuity, discount or offer of employment in connection with a city contract. 14. FIRMS OR PERSONS NOT ELIGIBLE TO SUBMIT A PROPOSAL 10 11 In order to avoid any conflict of interest or perception of a conflict or interest, Proposer(s) selected to provide professional services under this RFP will be subject to the following requirements: 14.1 The Proposer(s) who works on the procurement will be precluded from submitting proposals or bids as a prime contractor or subcontractor in the ultimate procurement. 14.2 The Proposer(s) may not have interest in any potential Proposer for the ultimate procurement. ~ End of Section ~ Attachment A Proposer’s Information Form PROPOSER (please print): Name: __________________________________________________________ Address: __________________________________________________________ __________________________________________________________ Telephone: _______________________ Fax: ______________________________ Contact person, title, email, telephone and fax number: __________________________ ______________________________________________________________________ ______________________________________________________________________ Proposer, if selected, intends to carry on the business as (check one): Individual Joint Venture Partnership Corporation When incorporated? ______________ In what state? _______________ When authorized to do business in California? _______ Other (explain):____________________________________________________ ADDENDA To assure that all Proposers have received each addendum, check the appropriate box(es) below. Failure to acknowledge receipt of an addendum/addenda may be considered an irregularity in the Proposal: Addendum number(s) received: 1; 2; 3; 4; 5; 6; Or, _____ _____No Addendum/Addenda Were Received (check and initial). PROPOSER’S SIGNATURE No proposal shall be accepted which has not been signed in ink in the appropriate space below: City of Palo Alto – RFP 149978 By signing below, the submission of a proposal shall be deemed a representation and certification by the Proposer that they have investigated all aspects of the RFP, that they are aware of the applicable facts pertaining to the RFP process, its procedures and requirements, and they have read and understand the RFP. No request for modification of the proposal shall be considered after its submission on the grounds that the Proposer was not fully informed as to any fact or condition. City of Palo Alto – RFP 149978 Attachment A – Proposer Information continued… 1. If Proposer is INDIVIDUAL, sign here Date:______________ _____________________________________ Proposer’s Signature _____________________________________ Proposer’s typed name and title 2. If Proposer is PARTNERSHIP or JOINT VENTURE; at least two (2) Partners shall sign here: ________________________________________________ Partnership or Joint Venture Name (type or print) Date:______________ _____________________________________ Member of the Partnership or Joint Venture signature Date:______________ _____________________________________ Member of the Partnership or Joint Venture signature 3. If Proposer is a CORPORATION, the duly authorized officer shall sign as follows: The undersigned certify that he/she is respectively: _________________________________ and ___________________________ Signature Title Of the corporation named below; that they are designated to sign the Proposal Cost Form by resolution (attach a certified copy, with corporate seal, if applicable, notarized as to its authenticity or Secretary’s certificate of authorization) for and on behalf of the below named CORPORATION, and that they are authorized to execute same for and on behalf of said CORPORATION. ______________________________________ Corporation Name (type or print) By:______________________________________ Date: _________________ Title:__________________________________________ Attachment B – Scope Purpose: The City of Palo Alto is requesting proposals from qualified and experienced transportation and planning consultant firms to evaluate existing and projected parking, traffic and land use conditions in the Downtown Palo Alto. The overall evaluation must also contain a sound economic analysis focused on growth demands related to various downtown land uses. The analysis should be done within the context of the existing development cap (Downtown Development Cap) in the Commercial Downtown (CD) area of Palo Alto, with a particular emphasis on growth in Downtown and associated impacts on parking and traffic. In 1986, the City adopted the Downtown Development Cap, primarily due to traffic and parking concerns, along with incentives for future development and redevelopment. These policies were applied to the CD area and restricted future non-residential development to a total of 350,000 square feet beyond what was in existence or approved in May 1986. Residential development was purposely excluded from the development to encourage people in order to encourage future residents to live in close proximity to jobs. CD development regulations were to be reevaluated when new, non-residential development reached 235,000 square feet. This evaluation milestone has recently been reached with the submittal of several development applications. A Parking Assessment District (PAD) was also established prior to the 1986 study and remains in effect today, though it has been expanded during the interim. This RFP is for first phase of the Downtown Development Cap evaluation, primarily focused on gathering data, and evaluating existing and projected conditions. In the future, an RFP for the “second phase” of this study will be released, to seek transportation and planning (Comprehensive Plan, Zoning, etc.) policy recommendations using the “Phase 1” findings as the foundation. Background: As the result of a 1986 Downtown Study, the Downtown Area was rezoned to Commercial Downtown (CD). This rezoning created Floor Area Ratios (FARs) and other zoning regulations that were generally more restrictive than the previous zoning, especially as it related to commercial properties adjacent to residential neighborhoods. In addition to the new zoning regulations, a CD development cap policy (Downtown Development Cap) was adopted. This policy restricted future non-residential development to a total of 350,000 square feet above what was in existence or approved in the CD area as of May 1986. CD development regulations were to be reevaluated when new development reached 235,000 square feet. Residential development was purposely excluded from the development to encourage people in order to encourage future residents to live in close proximity to jobs. There were a number of other specific policies related to growth in the CD area as well. The measures that resulted from the 1986 Downtown Study are attached to this RFP. Citywide growth limits, and growth limits in other districts were also established at that time. City of Palo Alto – RFP 149978 The 1986 Downtown Study required that City Staff monitor and submit an annual report to the City Council regarding development activity, vacancy rates and commercial lease rates in order to evaluate the effectiveness of these regulations. The most recent City Council report (Attachment 2), released on March 11, 2013, provided information related to the 2011-12 time period. This report showed that the downtown area had fully recovered from the recession and that only 11,790 square feet of new non-residential development remains available (as of the end of 2012) before the re-evaluation limit of 235,000 square feet would be reached. Some developments have been approved since that time, such that the evaluation milestone has now been reached. Parking Parking intrusion into adjacent residential neighborhoods and parking permit supply are both major concerns. These concerns are not new, but there has been an increasing amount of attention focused on parking impacts with the improving economy. Parking was a key focus of the 1986 study. For example, as a result of the study, a parking policy was adopted that specified that new development should not increase the parking deficit beyond the 1986 deficit. Since that time parking garages have been built which have reduced the deficit, though concerns remain. These impacts may be exacerbated by zoning code assumptions which may not be consistent with modern planning and transportation engineering practices, such as the number of employees assumed on a per square foot basis in tech companies, particularly “start-ups.” Staff has also recently initiated a study of potential parking garage feasibility on five sites in the downtown area, which should inform the Downtown Development Cap study as well. A Downtown Parking Assessment District was first formed in 1978, and has been subsequently restructured several times. The Downtown Parking Assessment District, which is financially supported by downtown property owners via bond financing, paid for the construction of several downtown garages. Maintenance and operation costs of garages are funded through permit fees. Bonds financing restrictions, however, limit the way in which these garages can be utilized. After the formation of assessment district and the preparation of the 1986 Downtown Study, the zoning code was amended to allow several “exemptions” to parking requirements, including a 1:1 FAR exemption, 200 square foot minor parking exemption and a “Transfer of Development Rights” program, which allows square footage bonuses and parking exemptions to be transferred to other properties in certain cases. Traffic Traffic is another concern. Several policies were adopted in the 1986 plan, and numerous transportation improvements have been implemented in the CD and surrounding areas since that time. Transportation improvements include enhancements to the automobile, bicycle and pedestrian networks. In addition, the City has required Transportation Demand Management policies for a few recent downtown developments and businesses. The proximity of Downtown and Stanford to the Palo Alto Downtown Caltrain station and other transit services, along with the transportation initiatives of several firms and Stanford have contributed to the Downtown Caltrain station having the highest ridership City of Palo Alto – RFP 149978 at any Caltrain station other than at the San Francisco terminus. In addition, the City of Palo Alto has a top-rated bicycle network, and continues to adopt policies and programs and to enhance facilities to improve this network. Nonetheless, traffic congestion remains a major concern in the area, and is one of the primary aspects of the Downtown Development Cap evaluation and subsequent recommendations. Planning and Zoning In addition to parking and traffic policies, there are several planning related policies that are tied to the Downtown Development Cap. For example, a Ground Floor Combining District was created within the CD area, which encourages pedestrian uses, and limits business to retail eating and drinking uses. Office uses, which can typically attract higher rents, are allowed on upper floors and at the perimeter of the CD area. CD zoning also encourages seismic and historic upgrades to buildings by allowing property owners who make these improvements to expand beyond normal FAR limitations and/or to add floor area without providing parking. The property owners may also transfer (sell) those development rights to another property in the CD area. The City is in the process of updating its Comprehensive Plan, including the Transportation and Land Use elements. Currently the document refers to and bases several policies on the 1986 Downtown Study. In addition, there are several ongoing efforts related to parking management, including the parking garage study and consideration of several other parking programs such as attendant parking and residential permit parking, all of which will be under study simultaneous with the Downtown Cap study. Finally, some potential proposed developments would be located just outside the CD area (“Peripheral Impact Area” on the map). Although these developments are not directly related to the original Downtown Development Cap, traffic and parking related to these developments may impact the Downtown area and should be addressed or referenced as well. Scope of Work: The City of Palo Alto is requesting proposals from qualified and well-experienced transportation and planning firms to evaluate existing and projected parking, traffic and land use conditions in the Downtown Palo Alto. The selected consultant must work closely with the City’s planning, transportation and economic development staff during the process, and must make presentations to the Planning and Transportation Commission and City Council, as well as various community groups as needed. This RFP is for the first phase of a study that will contain two phases. An RFP for the “second phase” will be sent out at a future date. This “Phase 1” proposal should include the following components: 1. Review of Prior Downtown Study and Related Documents The selected consultant for the project will review the 1986 Downtown Study report and related materials, as well as subsequent monitoring reports, Comprehensive Plan policies, zoning regulations, and any other relevant documents Given the City is in the process of updating the Comprehensive Plan, particular importance should be paid to Comprehensive Plan policies, and recent Planning & Transportation Commission City of Palo Alto – RFP 149978 discussions on the various Plan elements. A thorough review of the 1986 Downtown Study and associated environmental documents is also critical, as it provides the context for many of the adopted Comp Plan policies. 2. Existing Conditions Evaluation The selected consultant will be responsible for evaluating existing traffic and parking conditions in the Downtown and immediately surrounding areas. Existing level of service studies should be conducted for key intersections and roadway segments. The selected consultant should work closely with the planning and transportation staff during the existing conditions process to ensure the correct intersections and roadway segments are be evaluated. In addition, the selected consultant should evaluate existing visitor (hourly) and permit parking conditions in the Downtown and surrounding areas. At a minimum, studies should include: Existing traffic counts and level of service for identified intersections. Existing on-street and off-street parking spaces, capacity and occupancy, based on staff’s continuing efforts and adjusted as needed to reflect the needs of the Downtown Development Cap Study. Identification of downtown development over the past 10 years and estimated impacts of that development and trends over that timeframe, including the application of parking exemptions for transfer of development rights and other code provisions. Identification of non-conforming buildings (from a use and/or parking standpoint) that have converted to higher intensity office uses over the past 5 years. A definition of the parking “intrusion,” “saturation,” “deficit,” or other term and how that is best applied to the study area and surrounding neighborhoods. 3. Projected Growth Impact Analysis Using the existing conditions report as the foundation, the selected consultant should evaluate scenarios for potential development, and future level of service (LOS) of key intersections and roadway segments based on projected growth. In addition, future commercial and nearby residential parking conditions should also be evaluated based on growth scenarios. The parking analysis should be completed for the Downtown visitor and permit parking, as well as street parking in the surrounding residential neighborhoods. The projected traffic and parking conditions should be based on the existing development cap policies and zoning code regulations. At a minimum, studies should include: A five-year and ten-year scenario of potential ranges of development, assuming the continued use of transfer of development rights and other existing provisions. Estimated changes to levels of service at key intersections based on potential increased growth. Estimated parking demand required by increased growth under each scenario and the likely impact of the demand on available parking in residential neighborhoods. The likely impact of parking reductions based on the proximity of new development to Caltrain and other transit, bicycling and walking facilities, based on surveys of existing employee ridership for Downtown businesses and Stanford. City of Palo Alto – RFP 149978 Public Outreach and Participation It is expected that Phase 1 of the Downtown Development Cap study will be the focus of a series of public meetings over a 6-month period. It is also expected that the public participation process will be guided by the formation and periodic meeting of a Downtown Cap Stakeholders Task Force. Public outreach may include, at a minimum: Periodic meetings with the Downtown Cap Stakeholder Task Force. This group would be comprised of downtown neighborhood representatives, downtown property owners, downtown business owners, and other interested individuals or organizations. Others may be included as recommended by the City Council. It is expected that there would be 11-15 committee members and they would meet approximately 3 times during the first phase of this study. 1-2 Larger community meetings with the broad Downtown community, including businesses, residents, and others. Meetings or focus groups with specific interests, such as the Downtown North, University South, and Professorville neighborhoods, the Downtown Business Improvement District, and/or the Chamber of Commerce’s Downtown Parking Committee. At least 1-2 meetings with the Planning and Transportation Commission. At least 1-2 meetings with the City Council. The proposal should outline a suggested proposal for public involvement, including the Downtown Cap Stakeholder Task Force process, but staff expects that a minimum of three (3) Downtown Cap Stakeholder Committee meetings, and 1-2 Planning and Transportation Commission and/or Council meetings should be included, as well at least 1 general community meeting and early and regular consultation with the interest groups outlined above. An early scoping meeting with the Planning and Transportation Commission should be used to refine the desired public outreach approach. Phase 2: Policy Analysis Although not the subject of this RFP, an RFP for a second phase of this study will be released subsequent to the completion of Phase 1. This scope of work for this second phase has not yet been completed, however it is expected that the effort will require a consultant team to make planning and transportation policy recommendations using the “Phase 1” findings, an economic analysis and community input. Therefore, consultants submitting proposals in response to the subject, Phase 1 RFP, must be qualified to submit a proposal for Phase 2 work in the future. Pricing on Proposals should be honored for up to 4 months to allow the city an opportunity to complete the award of a consultant agreement through the City Council. EXHIBITS TO THE SCOPE: EXHIBIT A: 1986 Downtown Study Results Summary EXHIBIT B: Map of Downtown Commercial (CD) District and Peripheral Study Area EXHIBIT C: List of Approved Non-Residential Projects (1986-2012) City of Palo Alto – RFP 149978 City of Palo Alto – RFP 149978 EXHIBIT D: Parking Deficit from 09/01/1986 to 08/21/2013 EXHIBIT E: Commercial Downtown (CD) and SOFA 2 CAP Floor Area by Use Category EXHIBIT F: Downtown Monitoring Report for 2011-12 EXHIBIT G: Map of Study Area ATTACHMENT “C” SAMPLE AGREEMENT Attachment C – Sample Agreement CITY OF PALO ALTO CONTRACT NO. AGREEMENT BETWEEN THE CITY OF PALO ALTO AND FOR PROFESSIONAL SERVICES This Agreement is entered into on this day of , , (“Agreement”) by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and , a , located at ("CONSULTANT"). RECITALS The following recitals are a substantive portion of this Agreement. A. CITY intends to (“Project”) and desires to engage a consultant to 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 in Exhibit “A” in accordance with the terms and conditions contained in this Agreement. The performance of all Services shall be to the reasonable satisfaction of CITY. CONSULTANT shall only be compensated for work performed under an authorized Task Order and the City may elect, but is not required, to authorize work up to the maximum compensation amount set forth in Section 4. SECTION 2. TERM. The term of this Agreement shall be from the date of its full execution through unless terminated earlier pursuant to Section 19 of this Agreement. City of Palo Alto – RFP 149978 SAMPLE AGREEMENT ATTACHMENT “C” SAMPLE AGREEMENT OR The term of this Agreement shall be from the date of its full execution through completion of the services in accordance with the Schedule of Performance attached as Exhibit “B” 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. SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to CONSULTANT for performance of the Services described in Exhibit “A”, including both payment for professional services and reimbursable expenses, shall not exceed Dollars ($ ). In the event Additional Services are authorized, the total compensation for services and reimbursable expenses shall not exceed Dollars ($ ).The applicable rates and schedule of payment are set out in Exhibit “C-1”, entitled “HOURLY RATE SCHEDULE,” which is attached to and made a part of this Agreement. Additional Services, if any, shall be authorized in accordance with and subject to the provisions of Exhibit “C”. CONSULTANT shall not receive any compensation for Additional Services performed without the prior written authorization of CITY. Additional Services shall mean any work that is determined by CITY to be necessary for the proper completion of the Project, but which is not included within the Scope of Services described in Exhibit “A”. SECTION 5. INVOICES. In order to request payment, CONSULTANT shall submit monthly invoices to the CITY describing the services performed and the applicable charges (including an identification of personnel who performed the services, hours worked, hourly rates, and reimbursable expenses), based upon the CONSULTANT’s billing rates (set forth in Exhibit “C-1”). If applicable, the invoice shall also describe the percentage of completion of each task. The information in CONSULTANT’s payment requests shall be subject to verification by CITY. CONSULTANT shall send all invoices to the City’s project manager at the address specified in Section 13 below. The City will generally process and pay invoices within thirty (30) days of receipt. SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All of the Services shall be performed by CONSULTANT or under CONSULTANT’s supervision. CONSULTANT represents that it possesses the professional and technical personnel necessary to perform the Services required by this Agreement and that the personnel have City of Palo Alto – RFP 149978 SAMPLE AGREEMENT ATTACHMENT “C” SAMPLE AGREEMENT 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 shall correct, at no cost to CITY, any and all errors, omissions, or ambiguities in the work product submitted to CITY, provided CITY gives notice to CONSULTANT. If CONSULTANT has prepared plans and specifications or other design documents to construct the Project, CONSULTANT shall be obligated to correct any and all errors, omissions or ambiguities discovered prior to and during the course of construction of the Project. This obligation shall survive termination of the Agreement. SECTION 9. COST ESTIMATES. If this Agreement pertains to the design of a public works project, CONSULTANT shall submit estimates of probable construction costs at each phase of design submittal. If the total estimated construction cost at any submittal exceeds ten percent (10%) of the CITY’s stated construction budget, CONSULTANT shall make recommendations to the CITY for aligning the PROJECT design with the budget, incorporate CITY approved recommendations, and revise the design to meet the Project budget, at no additional cost to CITY. SECTION 10. INDEPENDENT CONTRACTOR. It is understood and agreed that in performing the Services under this Agreement CONSULTANT, and any person employed by or contracted with CONSULTANT to furnish labor and/or materials under this Agreement, shall act as and be an independent contractor and not an agent or employee of the CITY. SECTION 11. ASSIGNMENT. The parties agree that the expertise and experience of CONSULTANT are material considerations for this Agreement. CONSULTANT shall not assign or transfer any interest in this Agreement nor the performance of any of 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. City of Palo Alto – RFP 149978 SAMPLE AGREEMENT ATTACHMENT “C” SAMPLE AGREEMENT SECTION 12. SUBCONTRACTING. Option A: No Subcontractor: 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. Option B: Subcontracts Authorized: Notwithstanding Section 11 above, CITY agrees that subconsultants may be used to complete the Services. The subconsultants authorized by CITY to perform work on this Project are: 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 as the to have supervisory responsibility for the performance, progress, and execution of the Services and as the project to represent CONSULTANT during the day-to-day work on the Project. If circumstances cause the substitution of the project director, project coordinator, or any other key personnel for any reason, the appointment of a substitute project director and the assignment of any key new or replacement personnel will be subject to the prior written approval of the CITY’s project manager. CONSULTANT, at CITY’s request, shall promptly remove personnel who CITY finds do not perform the Services in an acceptable manner, are uncooperative, or present a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property. The City’s project manager is , Department, Division, Palo Alto, CA 94303, Telephone: . The project manager will be CONSULTANT’s point of contact with respect to performance, progress and execution of the Services. The CITY may designate an alternate project manager from time to time. SECTION 14. OWNERSHIP OF MATERIALS. Upon delivery, all work product, including without limitation, all writings, drawings, plans, reports, specifications, calculations, documents, other materials and copyright interests developed under this Agreement shall be and remain the exclusive property of CITY without restriction or limitation upon their use. CONSULTANT agrees that all copyrights which arise from creation of the work pursuant to this Agreement shall be vested in CITY, and CONSULTANT waives and relinquishes all claims to copyright or other intellectual property rights in favor of the CITY. 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. City of Palo Alto – RFP 149978 SAMPLE AGREEMENT ATTACHMENT “C” SAMPLE AGREEMENT 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. [Option A applies to the following design professionals pursuant to Civil Code Section 2782.8: architects; landscape architects; registered professional engineers and licensed professional land surveyors.] 16.1. To the fullest extent permitted by law, CONSULTANT shall protect, indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents (each an “Indemnified Party”) from and against any and all demands, claims, or liability of any nature, including death or injury to any person, property damage or any other loss, including all costs and expenses of whatever nature including attorneys fees, experts fees, court costs and disbursements (“Claims”) that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT, its officers, employees, agents or contractors under this Agreement, regardless of whether or not it is caused in part by an Indemnified Party. 16.2. Notwithstanding the above, nothing in this Section 16 shall be construed to require CONSULTANT to 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. 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 City of Palo Alto – RFP 149978 SAMPLE AGREEMENT ATTACHMENT “C” SAMPLE AGREEMENT 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 Purchasing Manager during the entire term of this Agreement. 18.4. The procuring of such required policy or policies of insurance will not be construed to limit CONSULTANT's liability hereunder nor to fulfill the indemnification provisions of this Agreement. Notwithstanding the policy or policies of insurance, CONSULTANT will be obligated for the full and total amount of any damage, injury, or loss caused by or directly arising as a result of the Services performed under this Agreement, including such damage, injury, or loss arising after the Agreement is terminated or the term has expired. SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES. 19.1. The City Manager may suspend the performance of the Services, in whole or in part, or terminate this Agreement, with or without cause, by giving ten (10) days prior written notice thereof to CONSULTANT. Upon receipt of such notice, CONSULTANT will immediately discontinue its performance of the Services. 19.2. CONSULTANT may terminate this Agreement or suspend its performance of the Services by giving thirty (30) days prior written notice thereof to CITY, but only in the event of a substantial failure of performance by CITY. 19.3. Upon such suspension or termination, CONSULTANT shall deliver to the City Manager immediately any and all copies of studies, sketches, drawings, computations, and other data, whether or not completed, prepared by CONSULTANT or its contractors, if any, or given to CONSULTANT or its contractors, if any, in connection with this Agreement. Such materials will become the property of CITY. City of Palo Alto – RFP 149978 SAMPLE AGREEMENT ATTACHMENT “C” SAMPLE AGREEMENT 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. City of Palo Alto – RFP 149978 SAMPLE AGREEMENT ATTACHMENT “C” SAMPLE AGREEMENT 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 the City’s Purchasing Department, incorporated by reference and may be amended from time to time. CONSULTANT shall comply with waste reduction, reuse, recycling and disposal requirements of the City’s Zero Waste Program. Zero Waste best practices include first minimizing and reducing waste; second, reusing waste and third, recycling or composting waste. In particular, Consultant shall comply with the following zero waste requirements: All printed materials provided by Consultant to City generated from a personal computer and printer including but not limited to, proposals, quotes, invoices, reports, and public education materials, shall be double- sided and printed on a minimum of 30% or greater post-consumer content paper, unless otherwise approved by the City’s Project Manager. Any submitted materials printed by a professional printing company shall be a minimum of 30% or greater post-consumer material and printed with vegetable based inks. Goods purchased by Consultant on behalf of the City shall be purchased in accordance with the City’s Environmental Purchasing Policy including but not limited to Extended Producer Responsibility requirements for products and packaging. A copy of this policy is on file at the Purchasing Office. Reusable/returnable pallets shall be taken back by the Consultant, at no additional cost to the City, for reuse or recycling. Consultant shall provide documentation from the facility accepting the pallets to verify that pallets are not being disposed. SECTION 24. NON-APPROPRIATION City of Palo Alto – RFP 149978 SAMPLE AGREEMENT ATTACHMENT “C” SAMPLE AGREEMENT 24.1. This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code. This Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Agreement are no longer available. This section shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Agreement. SECTION 25. MISCELLANEOUS PROVISIONS. 25.1. This Agreement will be governed by the laws of the State of California. 25.2. In the event that an action is brought, the parties agree that trial of such action will be vested exclusively in the state courts of California in the County of Santa Clara, State of California. 25.3. The prevailing party in any action brought to enforce the provisions of this Agreement may recover its reasonable costs and attorneys' fees expended in connection with that action. The prevailing party shall be entitled to recover an amount equal to the fair market value of legal services provided by attorneys employed by it as well as any attorneys’ fees paid to third parties. 25.4. This document represents the entire and integrated agreement between the parties and supersedes all prior negotiations, representations, and contracts, either written or oral. This document may be amended only by a written instrument, which is signed by the parties. 25.5. The covenants, terms, conditions and provisions of this Agreement will apply to, and will bind, the heirs, successors, executors, administrators, assignees, and consultants of the parties. 25.6. If a court of competent jurisdiction finds or rules that any provision of this Agreement or any amendment thereto is void or unenforceable, the unaffected provisions of this Agreement and any amendments thereto will remain in full force and effect. 25.7. All exhibits referred to in this Agreement and any addenda, appendices, attachments, and schedules to this Agreement which, from time to time, may be referred to in any duly executed amendment hereto are by such reference incorporated in this Agreement and will be deemed to be a part of this Agreement. 25.8 If, pursuant to this contract with CONSULTANT, City shares with CONSULTANT personal information as defined in California Civil Code section 1798.81.5(d) about a California resident (“Personal Information”), CONSULTANT shall maintain reasonable and appropriate security procedures to protect that Personal Information, and shall inform City immediately upon learning that there has been a City of Palo Alto – RFP 149978 SAMPLE AGREEMENT ATTACHMENT “C” SAMPLE AGREEMENT City of Palo Alto – RFP 149978 SAMPLE AGREEMENT breach in the security of the system or in the security of the Personal Information. CONSULTANT shall not use Personal Information for direct marketing purposes without City’s express written consent. 25.9 All unchecked boxes do not apply to this agreement. 25.10 The individuals executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities. 25.11 This Agreement may be signed in multiple counterparts, which shall, when executed by all the parties, constitute a single binding agreement City of Palo Alto – RFP 149978 Attachment D SAMPLE TABLE FORMAT QUALIFICATIONS OF FIRM RELATIVE TO CITY’S NEEDS Project Name Client Description of work performed Total Project Cost Percentage of work firm as responsible for Period work was completed Client contact information* Did your firm meet the project schedule (Circle one) : Yes No Give a brief statement of the firm’s adherence to the schedule and budget for the project: Did your firm meet the project schedule (Circle one) : Yes No Give a brief statement of the firm’s adherence to the schedule and budget for the project: Did your firm meet the project schedule (Circle one) : Yes No Give a brief statement of the firm’s adherence to the schedule and budget for the project: Did your firm meet the project schedule (Circle one) : Yes No Give a brief statement of the firm’s adherence to the schedule and budget for the project: *Include name, title and phone number. Attachment E SAMPLE COST PROPOSAL FORMAT – RFP (The City is looking for a submittal in this format – content should match cost for scope of services required) Scope Labor Categories (e.g., Consultant, Sr. Consultant, etc.) Est. Hours Hourly Rate Extended Rate $ $ $ $ Task 1 $ $ TOTAL NOT TO EXCEED, TASK 1 $ $ $ $ $ $ Task 2 $ $ TOTAL NOT TO EXCEED, TASK 2 $ $ $ $ $ $ Task 3 $ $ TOTAL NOT TO EXCEED, TASK 3 $ $ TOTAL NOT TO EXCEED (TASKS 1 – 3) $ $ City of Palo Alto – RFP 149978 Attachment “F” INSURANCE REQUIREMENTS Rev. 11/07 City of Palo Alto – RFP 149978 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: MINIMUM LIMITS REQUIRED TYPE OF COVERAGE REQUIREMENT 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 DAY ADVANCE NOTICE TO CITY OF CHANGE IN COVERAGE OR OF COVERAGE CANCELLATION; AND B. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONTRACTOR’S AGREEMENT TO INDEMNIFY CITY. C. DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITY’S PRIOR APPROVAL. II. CONTACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE. III. ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO “ADDITIONAL INSUREDS” A. PRIMARY COVERAGE WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS. B. CROSS LIABILITY Attachment “F” INSURANCE REQUIREMENTS Rev. 11/07 City of Palo Alto – RFP 149978 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 ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. 2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. NOTICES SHALL BE MAILED TO: PURCHASING AND CONTRACT ADMINISTRATION CITY OF PALO ALTO P.O. BOX 10250 PALO ALTO, CA 94303. DOWNTOWN STUDY RESULTS SUMMARY (July 1986) The following are the primary measures adopted as a result of the study: 1. A new Commercial Downtown (CD) zoning district, including three sub districts (CD-C, CD-S and CD-N), was created and applied to most of the Downtown area previously zoned Community Commercial (CC) or Service Commercial (CS). The basic provisions of the CD district include floor area ratios (FARs) that are more restrictive than in the previous CC and CS zones, limits to project size and to the overall amount of future development, and special development regulations for sites adjacent to residential zones. 2. Growth limits were applied to the CD district restricting future development to a total of 350,000 square feet beyond what was existing or approved in May 1986 and providing for a re-evaluation of the CD regulations when new development reaches 235,000 square feet. In addition, 100,000 square feet of the total new floor area was reserved for projects demonstrating special public benefits and 75,000 square feet for projects which qualify for seismic, historic or minor expansion exemptions. 3. Exemptions to the floor area ratio restrictions of the CD zone were established for certain building expansions involving historic structures, seismic rehabilitation, provision of required handicapped access, or one-time additions of 200 square feet or less. 4. New parking regulations were established for the University Avenue Parking Assessment District that requires new non- residential development to provide parking at a rate of one space per 250 square feet of floor area. Exemptions to this requirement are provided for certain increases in floor area related to provision of handicapped access, seismic or historic rehabilitation, one-time minor additions (200 square feet or less) and development of vacant land previously assessed for parking. The regulations also permit, in certain instances, off-site parking and parking fees in lieu of on-site parking. 5. Performance measures were established that specify that new development in the Downtown should not increase the total parking deficit beyond that expected from development that was existing or approved through May, 1986 (1600 spaces) and that call for re-evaluation of the parking exemption regulations when the unmet parking demand, resulting from exemptions, reaches one half (225 parking spaces) of the minimum 450 parking spaces deemed necessary for construction of a new public parking structure. Staff was directed to monitor the parking deficit. 6. A new Ground Floor (GF) Combining District was created and applied to the area along University Avenue and portions of the major side streets between Lytton and Hamilton Avenues, in order to restrict the amount of ground floor area devoted to uses other than retail, eating and drinking or personal service. 7. Staff was directed to monitor the Downtown area in terms of development activity, vacancy rates, sales tax revenues, and commercial lease rates to facilitate evaluation of the effectiveness of the new regulations. 8. Staff was directed to undertake a site and feasibility study to evaluate an additional public parking structure elsewhere in the Downtown, to consider development of a parking facility on public lots S, L and F, and to explore the possibility of leasing or purchasing privately-owned vacant lots suitable as parking structure sites. 9. Policies and regulations were adopted which encourage Planned Community (PC) zoning for parking structures and limit underground parking to two levels below grade, unless there is proof that regular pumping of subsurface water will not be necessary. 10. A Twelve-Point Parking Program was adopted to increase the efficiency of existing parking. 11. Traffic policies were adopted which prohibit new traffic signals on portions of Alma Street and Middlefield Road, and prohibit a direct connection from Sand Hill Road to Palo Alto/Alma Street. In addition, new signs were approved directing through traffic off of University Avenue and onto Hamilton and Lytton Avenues. 12. Staff and the Architectural Review Board (ARB) were directed to consider the possibility of an Urban Design Plan for Downtown and to develop design guidelines for commercial structures in neighborhood transition areas and for driveways which cross pedestrian walkways. 13. A temporary Design and Amenities Committee was created and charged with developing an incentive program (including FAR increases of up to 1.5) to encourage private development to provide a variety of public amenities in the Downtown area. 14. Staff was directed to study possible restrictions on the splitting and merging of parcels as well as the establishment of minimum lot sizes in the new CD district. COMMERCIAL DOWNTOWN (CD) ZONE DISTRICT MAP ~ ;;9 -, o • o • il ® i = !i 0, , ., : Page 1 CD NON-RESIDENTIAL CHANGE IN SQUARE FOOTAGE 09/01/86 TO 08/31/12 Project Address Zoning Date Approved Public Benefit Bonus Non Residential Square Footage Seismic, Historic, or Minor Bonus Square Footage Net change in non-Residential Floor Area 520 Ramona Street A CDCGFP 11/20/84 - 400 +400 220 University Avenue CDCGFP 2/5/87 - 65 +65 151 Homer Avenue CDSP 3/17/88 - - -9,750 314 Lytton Avenue CDCP 5/5/88 - - -713 247-275 Alma Street CDNP 8/4/88 - - +1,150 700 Emerson Street CDSP 9/15/88 - - +4,000 431 Florence Street CDCP 9/15/88 - 2,500 +2,500 156 University Avenue CDCGFP 12/15/88 - 4,958 +4,958 401 Florence Street CDCP 3/2/89 - 2,407 +2,407 619 Cowper Street CDCP 5/6/89 - - +2,208 250 University Avenue PC-3872 5/15/89 11,000B 300 +20,300 550 University Avenue CDCP 6/1/89 - - -371 Page 2 Project Address Zoning Date Approved Public Benefit Bonus Non Residential Square Footage Seismic, Historic, or Minor Bonus Square Footage Net change in non-Residential Floor Area 529 Bryant Street PC-3974 5/3/90 2,491C 2,491 +2,491 305 Lytton Avenue CDCP 9/28/90 - 200 +200 550 Lytton AvenueDE CDCP 10/22/90 - - +4,845 531 Cowper Street PC-4052 5/21/91 9,000 475 +9,475 540 Bryant Street CDCGFP 3/24/92 - 404 +404 530/534 Bryant Street CDCGFP 4/15/93 - 432 +432 555 Waverley Street/425 Hamilton AvenueE CDCP 9/21/93 - - +2,064 201 University Avenue CDCGFP 11/18/93 - 2,450 +2,450 Page 3 Project Address Zoning Date Approved Public Benefit Bonus Non Residential Square Footage Seismic, Historic, or Minor Bonus Square Footage Net change in non/Residential Floor Area 518 Bryant Street CDCGFP 3/3/94 - 180 +180 245 Lytton Avenue CDCP 7/21/94 - - -21,320 400 Emerson StreetEF PC-4238 9/19/94 - 200 +4,715 443 Emerson Street CDCGFP 1/5/95 - 26 +26 420 Emerson Street CDCP 3/16/95 - 125 +125 340 University Avenue CDCGFP 4/6/95 - - -402 281 University Avenue CDCGFP 4/20/95 - - -2,500 456 University Avenue CDCGFP 5/18/95 - 7,486 +7,486 536 Ramona Street CDCGFP 7/11/95 - 134 +134 725/753 Alma Street PC-4283 7/17/95 - - -1,038 552 Emerson Street CDCGFP 7/18/95 - 177 +177 483 University Avenue G PC-4296 10/2/95 3,467C 2,789 +7,289 424 University Avenue CDCGFP 9/21/95 - 2,803 +2,803 Page 4 Project Address Zoning Date Approved Public Benefit Bonus Non Residential Square Footage Seismic, Historic, or Minor Bonus Square Footage Net change in non/Residential Floor Area 901/909 Alma Street E,F PC-4389 8/1/96 - - +4,425 171 University Avenue CD-C(GF)(P) 9/19/96 - 1,853 +1,853 401 High Street CD-C(P) 10/3/96 - 350 +350 430 Kipling Street D,H CD-C(P) 10/22/96 - 200 +1,412 460-476 University Avenue CD-C(GF)(P) 3/20/97 - 1,775 +1,775 400 Emerson Street D PC-4238 3/21/97 - - +2,227 275 Alma Street CD-N(P) 7/8/97 - 200 +3,207 390 Lytton Avenue PC-4436 7/14/97 8,420C 689 +17,815 411 High Street H CDCP 12/18/97 - 2,771 +2,771 530 Ramona CDCGFP 05/20/99 - 2852 +2852 705 Alma St CDSP 09/21/99 - 2814 +2814 200 Hamilton Ave CDCP 10/21/99 - 10913 +10913 550 Lytton Ave CDCP 08/11/00 - - +93 Page 5 Project Address Zoning Date Approved Public Benefit Bonus Non Residential Square Footage Seismic, Historic, or Minor Bonus Square Footage Net change in Non Residential Floor Area 437 Kipling St CDCGFP 02/01/01 - - +945 701 Emerson St CDSP 05/29/01 - - +434 723 Emerson St CDSP 05/29/01 - - +400 880 - 884 Emerson St CDSP 05/29/01 - - +312 539 Alma St CDCGFP 10/23/01 - 2,500 +2,500 270 University Ave CDCGFP 11/01/01 - 2,642 +2,642 901 High St. E, F CDSP 12/12/02 - - +12,063 800 High St. I PC-4779 02/03/03 - - -15,700 164 Hamilton Ave CDCP 01/13/05 - - -2,799 335 University Ave CDCGFP 08/10/05 - 4,500J +5,249 382 University Ave CDCGFP 07/27/06 - 194 +194 102 University Ave CDCGFP 10/10/2006 - - +8 325 Lytton Ave CDCP 5/2006 - - +17,515 Page 6 Project Address Zoning Date Approved Public Benefit Bonus Non Residential Square Footage Seismic, Historic, or Minor Bonus Square Footage Net change in Non Residential Floor Area 310 University Ave CDCGFP 07/31/2008 - 7,481 +7,481 317-323 University Ave CDCGFP 01/2008 - 2,500 +3,290 564 University Ave CDCP 7/2008 - 2,500 +4,475 278 University CDCGFP 11/2008 - - +137 265 Lytton CDCP 7/2010 - 3,712 +21,151 340 University CDCP 12/2010 - - -1,360 524 Hamilton CDCP 2/2011 - 5,200 +9,345 630 Ramona CDCP 6/2011 - 437 +437 668 Ramona CDCP 7/2011 - 4,940 +4,940 661 Bryant CDCP 2/2011 - 1,906 0 335-355 Alma CDCP 8/11 9,700 - 49,863 Totals 1986-2012 44,078 93,931 223,219 A: Project approved during the Downtown Moratorium (9/84 to 9/86), but was not included in the Downtown EIR’s “pipeline projects.” As a result, the project is counted among the CD District’s nonresidential development approvals since the enactment of the Downtown Study Policies in 1986 B: Through Assessment District project provided additional 64 public parking spaces as part of public benefit instead of required 44 private spaces C: Project exceeded square footage otherwise allowed by zoning Page 7 D: Project converted residential space to non-residential space. Net non-residential space counts toward the 350,000 square foot limit E: Project included covered parking that counts as floor area but not counted 350,000 square foot limit F: Project was approved pursuant to PAMC Sections 18.83.120 or 18.83.130 which allow for a reduction in the number required parking spaces for shared parking facilities, joint use parking facilities, or substitution of 8 bike parking spaces for one vehicle space. G. In addition, project paid in-lieu fee for loss of 2 on-site parking spaces H: In addition, projects paid in-lieu fee for loss of 4 on-site spaces I: Part of the SOFA 2 CAP J: Transfer of Development Right (TDR) agreement with 230 and 232 Homer Avenue. 5000 total sq ft of TDR but only 4,500 sq. ft used for Non Residential Floor Area. Page 1 CD PARKING DEFICIT FROM 9/1/86 to 8/31/2012 PROJECT ADDRESS ZONING NET CHANGE IN NON/ RESIDENTIAL FLOOR AREA ADDED PARKING REQUIRED NET ADDED PARKING SPACES PARKING EXEMPTIONS PER 18.52.060 OF PAMC NET DEFICIT CHANGE TOTAL CUMULATIVE DEFICIT 1986 deficit 1,601 520 Ramona StreetA CDCGFP +400 2 0 0 +2 1,603 220 University Avenue CDCGFP +65 0 0 0 0 1,603 151 Homer Avenue CDSP -9,750 0 11 0 -50 1,553 314 Lytton Avenue CDCP -713 0 0 0 -3 1,550 247-275 Alma Street CDNP +1,150 5 5 0 0 1,550 700 Emerson Street CDSP +4,000 16 16 0 0 1,550 431 Florence St CDCP +2,500 10 0 10 +10 1,560 Page 2 PROJECT ADDRESS ZONING NET CHANGE IN NON/ RESIDENTIAL FLOOR AREA ADDED PARKING REQUIRED NET ADDED PARKING SPACES PARKING EXEMPTIONS PER 18.52.060 OF PAMC NET DEFICIT CHANGE TOTAL CUMULATIVE DEFICIT 156 University Avenue CDCGFP +4,958 20 0 20 +20 1,580 401 Florence Street CDCP +2,407 10 0 10 +10 1,590 619 Cowper Street CDCP +2,208 9 9 0 0 1,590 250 University Avenue PC-3872 +20,300 103 131B 0 -28 1,562 550 University Avenue CDCP -371 0 0 0 -1 1,561 529 Bryant Street PC-3974 +2,491 10 0 10 +10 1,571 520 Webster StreetC PC-3499 0 0 163 0 -163 1,408 305 Lytton Ave CDCP +200 1 0 1 +1 1,409 550 Lytton Avenue CDCP +4,845 19 19 0 0 1,409 Downtown Extensive restriping by Transportation Division of on and off/street parking -96 1,313 Page 3 PROJECT ADDRESS ZONING NET CHANGE IN NON/ RESIDENTIAL FLOOR AREA ADDED PARKING REQUIRED NET ADDED PARKING SPACES PARKING EXEMPTIONS PER 18.52.060 OF PAMC NET DEFICIT CHANGE TOTAL CUMULATIVE DEFICIT 531 Cowper Street PC-4052 +9,475 38 0 2 +38 1,351 540 Bryant Street CDCGFP +404 2 0 2 +2 1,353 530/534 Bryant Street CDCGFP +432 2 0 2 +2 1,355 555 Waverley Street/425 Hamilton AvenueD CDCP +2,064 8 0 0 +8 1,363 201 University Avenue CDCGFP +2,450 10 0 10 +10 1,373 518 Bryant Street CDCGFP +180 1 0 1 +1 1,374 245 Lytton Ave CDCP -21,320 90 149 0 -59 1,315 400 Emerson Street PC-4238 +4,715 18 5 1 +14 1,329 443 Emerson Street CDCGFP +26 0 0 0 0 1,329 Page 4 PROJECT ADDRESS ZONING NET CHANGE IN NON/ RESIDENTIAL FLOOR AREA ADDED PARKING REQUIRED NET ADDED PARKING SPACES PARKING EXEMPTIONS PER 18.52.060 OF PAMC NET DEFICIT CHANGE TOTAL CUMULATIVE DEFICIT 420 Emerson Street CDCP +125 1 0 1 +1 1,336 340 University Avenue CDCGFP -402 0 0 0 -2 1,334 281 University Avenue CDCGFP -2,500 0 0 0 -10 1,324 456 University Avenue CDCGFP +7,486 30 0 30 +30 1,354 536 Ramona Street CDCGFP +134 1 0 1 +1 1,355 725-753 Alma Street PC-4283 -1,038 7 7 0 -11 1,344 552 Emerson Street CDCGFP +177 1 0 1 +1 1,345 483 University Avenue PC-4296 +7,289 29 -2E 11 +31 1,376 424 University Avenue CDCGFP +2,803 11 0 11 +11 1,387 901/909 Alma PC-4389 +4,425 18 18 0 0 1,387 Page 5 PROJECT ADDRESS ZONING NET CHANGE IN NON/ RESIDENTIAL FLOOR AREA ADDED PARKING REQUIRED NET ADDED PARKING SPACES PARKING EXEMPTIONS PER 18.52.060 OF PAMC NET DEFICIT CHANGE TOTAL CUMULATIVE DEFICIT StreetD 171 University Avenue CDCGFP +1,853 7 0 7 +7 1,394 401 High Street CDCP +350 1 0 1 +1 1,395 430 Kipling Street CDCP +1,412 5 -4E 1 +10 1,405 460/476 University Avenue CDCGFP +1,775 7 0 7 +7 1,412 400 Emerson Street PC-4238 +2,227 9 0 0 +9 1,421 275 Alma StreetF CDNP +3,207 0 0 1 +1 1,422 390 Lytton Avenue PC-4436 +17,815 74 50 3 +27 1,449 411 High Street CDCP +2,771 0 -4E 11 +15 1,464 530 Ramona CDCGFP 2852 11 0 11 +11 1475 Page 6 PROJECT ADDRESS ZONING NET CHANGE IN NON/ RESIDENTIAL FLOOR AREA ADDED PARKING REQUIRED NET ADDED PARKING SPACES PARKING EXEMPTIONS PER 18.52.060 OF PAMC NET DEFICIT CHANGE TOTAL CUMULATIVE DEFICIT 705 Alma St CDSP 2814 11 0 11 +11 1486 200 Hamilton Ave CDCP 10,913 44 3E 35 +41 1527 550 Lytton Ave CDCP 93 0 0 0 0 1527 528 High St PF 0 0 138 G 0 -138 1389 445 Bryant PF 0 0 575 G 0 -575 814 437 Kipling St CDCGFP 945 4 0E 2 +4 818 701 Emerson St CDSP 434 2 1 1 +1 819 723 Emerson St CDSP 400 2 2 0 0 819 880 / 884 Emerson St CDSP 312 2 5 0 -3 816 Page 7 PROJECT ADDRESS ZONING NET CHANGE IN NON/ RESIDENTIAL FLOOR AREA ADDED PARKING REQUIRED NET ADDED PARKING SPACES PARKING EXEMPTIONS PER 18.52.060 OF PAMC NET DEFICIT CHANGE TOTAL CUMULATIVE DEFICIT 539 Alma St CDCGFP 2,500 10 0 10 +10 826 270 University Ave CDCGFP 2,642 11 0E 11 +11 837 SUBTOTAL 86-02 106,930 672 1297 236 -764 837 901 High St. CDSP 12,063 59D 60 0 -1 836 800 High St. H PC-4779 -15,700 0 63 0 -63 773 164 Hamilton Ave CDCP -2499 0 0 0 0 773 335 University AveI CDCGFP 5,249 0 0 0 0 773 Page 8 PROJECT ADDRESS ZONING NET CHANGE IN NON/ RESIDENTIAL FLOOR AREA ADDED PARKING REQUIRED NET ADDED PARKING SPACES PARKING EXEMPTIONS PER 18.52.060 OF PAMC NET DEFICIT CHANGE TOTAL CUMULATIVE DEFICIT 382 University Ave CDCGFP 194 0 0 1 +1 774 102 University Ave CDCGFP 8 0 0 0 0 774 310 University Ave CDCGFP 7,481 30 0 30 +30 804 317-323 University Ave CDCGFP 3,290 0 0 0 0 804 564 University Ave CDCP 4,475 10 0 10 +10 814 325 Lytton Ave CDCP 17,515 110 6 0 -6 808 265 Lytton CDCP 21,151 106 52 0 +54 860 278 University CDCGFP +137 1 0 1 +1 861 340 University CDCP -1,360 861 524 Hamilton CDCP +9,345 31 8 23 +23 884 Page 9 PROJECT ADDRESS ZONING NET CHANGE IN NON/ RESIDENTIAL FLOOR AREA ADDED PARKING REQUIRED NET ADDED PARKING SPACES PARKING EXEMPTIONS PER 18.52.060 OF PAMC NET DEFICIT CHANGE TOTAL CUMULATIVE DEFICIT 630 Ramona CDCP +437 2 0 2 +2 886 668 Ramona CDCP +4,940 20 0 20 +20 906 661 Bryant CDCP 0 0 0 0 0 906 Downtown Extensive restriping by Transportation Division of on and off/street parking -32 874 180 Hamilton Avenue CDCP 0 0 0 5 +5 879 355 Alma Street CDCP +49,863 166 144 22 +22 901 TOTAL 223,219 1,077 1,816 350 676 901 A: Project approved during the Downtown Moratorium (9/84 to 9/86, but was not included in the Downtown EIR’s “pipeline projects.”) As a result, the project is counted among the CD District’s nonresidential development approvals since the enactment of the Downtown Study Policies in 1986 B: Through Assessment District project provided additional 64 public parking spaces as part of public benefit C: Addition of 2 levels of parking to Cowper/Webster garage D: Project was approved pursuant to PAMC Sections 18.83.120 or 18.83.130 which allow for a reduction in the number required parking spaces for shared parking facilities, joint use parking facilities, or substitution of 8 bike parking spaces for one vehicle space. Page 10 E. Project removed existing on-site spaces or met required parking by paying in-lieu fee F: Site had existing parking sufficient to allow expansion G: Construction of 2 city parking lots. 528 High completed on Aug. 2003 and 445 Bryant completed on Nov. 2003 H: Part of the SOFA 2 CAP I: As per PAMC 18.87.055, the TDR area transferred to the site does not increase the number of automobile parking spaces required for the additional floor area. Commercial Downtown (CD) and SOFA 2 CAP Floor Area by Use Category Use Category Area (October 1986) Area (October 2012) Area Change, percentage 1. Offices 1,100,000 1,400,000 27% % 2. Retail 500,000 625,000 25.00% 3. Eating & Drinking 150,000 275,000 83.33% 4. Financial Services 200,000 200,000 0.00% 5. Business Services 150,000 175,000 16.67% 6. Basement Storage 175,000 100,000 -42.86% 7. Hotels 100,000 150,000 50.00% 8. Personal Services 75,000 125,000 66.67% 9. Utility Facility 150,000 100,000 -33.33% 10. Public Facilities 50,000 75,000 50.00% 11. Automotive Services 150,000 50,000 -66.67% 12. Recreation/Private Club 25,000 50,000 100.00% 13. Theaters 50,000 25,000 -50.00% 14. Warehousing & Distribution 50,000 25,000 -50.00% 15. Manufacturing 50,000 0 -100.00% 16. Religious Institutions 50,000 25,000 -50.00% 17. Multi-Family Residential 250,000 400,000 50.00% 18. Single Family Residential 50,000 25,000 -50.00% 19. Vacant & Under Construction 150,000 50,000 -66.66% 20. Vacant & For Sale 0 0 21. Vacant & Available 150,000 100,000 -33.33% Total 3,625,000 3,875,000 5.52% ADJUSTED TOTAL: (Deduct residential uses, religious institutions, vacant & for sale and vacant & under construction.) 3,125,000 3,350,000 (Rounded to the nearest 25,000 square feet) * The above table is rounded to the nearest 25,000 square feet and was based on a table originally prepared in 1986. Over the years, because of the rounding to 25,000 square foot increments, the table has had a greater margin of error. Staff attempted to update the table from the beginning in 1998; therefore the numbers may not compare directly to tables prepared prior to the 1998 report. City of Palo Alto (ID # 3462) City Council Informational Report Report Type: Informational Report Meeting Date: 3/11/2013 March 11, 2013 Page 1 of 9 (ID # 3462) Title: Downtown Monitoring Report 2011-2012 Subject: Downtown Monitoring Report 2011-2012 From: City Manager Lead Department: Planning and Community Environment Recommendation This is an informational report and no Council action is required. Executive Summary The annual Commercial Downtown (CD) Monitoring Report tracks total non-residential growth in the commercial downtown area (CD-C and CD-C(GF)(P)zones) and office and retail vacancy rates in CD-C and CD-C (GF)(P) zones. Through mid-December of 2012, there was a 2.8 percent vacancy rate within the Ground Floor Overlay District and a 1.6 percent overall vacancy rate in the Commercial Downtown (CD) zoning district. In this monitoring cycle, approximately 49,860 square feet of space was approved or added to the total downtown non-residential square footage. An additional 11,790 square feet of new non-residential development can be accommodated before the re-evaluation limit of 235,000 square feet growth limit is reached. Background Annual monitoring of available space in Commercial Downtown (CD) zoning area was established in 1998 by Comprehensive Plan Programs L-8 and L-9. These programs require reporting of non-residential development activity and trends within the CD zone district. Staff regularly has tracked vacancy rates, changes in floor area and parking in the CD district resulting from approved development to comply with the Comprehensive Plan programs and to determine the ground floor vacancy rate in the CD zone district. The zoning code included an exception process to allow office development on the first floor if the ground floor vacancy rate exceeds 5%. In 2009, the City Council adopted zoning ordinance amendments to enhance protection of retail uses in downtown commercial districts to ensure that retail uses are retained and viability enhanced during the economic downturn and beyond. The ordinance also eliminated an exception process triggered when the GF vacancy rate is found to be greater than 5% during the annual monitoring. A map of the districts subject to the amendments was included in the Council report (CMR 20:09), available on the City’s website. March 11, 2013 Page 2 of 9 (ID # 3462) Staff completed field visits for this 2011-2012 monitoring period in mid-December 2012. Telephone interviews and email exchanges with local real estate leasing agents were also compiled at the same time to determine current vacancy rates and prevailing rents. This report also includes cumulative data on developments in the Commercial Downtown (CD) zone from January 1987 through August 31, 2012 and has specific data on vacancy information and rental rates through December 2012. Discussion The economic conditions of the Palo Alto downtown area are continuing to improve since last year. Currently there is a 2.8 percent vacancy within the Ground Floor Overlay District and a 1.6 percent overall vacancy in the Commercial Downtown (CD) zoning district. This is a noticeable drop of 2 percent vacancy in the Ground Floor Overlay District from last year. This number is close to the 2006-2007 period vacancy rate, before the economic downturn. The retail rental rates ranged from $3.00 to $6.50 per square foot based on the location, and office rental rates ranged from $4.00 to $7.00 per square foot during this reporting period. Office rental rates have increased marginally from last year and retail rental rates have remained steady through the 2011-2012 monitoring period. The following table shows the approximate total vacant square foot and percentage of vacancy from 2006. TABLE 1: Total Vacancy in CD-C & CD-C (GF) (P) Zones in Downtown Palo Alto Year Total CD-C Vacant (SQFT) % of CD-C Vacancy Total CD-C (GF) (P) Vacant (SQFT) % of CD-C (GF) (P) Vacancy 2006-2007 88,368 2.63 18,330 2.94 2007-2008 120,004 3.60 26,294 4.21 2008-2009 212,189 6.39 56,109 8.99 2009-2010 85,271 2.56 37,888 6.91 2010-2011 66,226 2.0 26, 290 4.8 2011-2012 52,368 1.6 15,550 2.8 Source: City of Palo Alto’s Planning Department. Non-Residential Development Activity The 1986 Downtown Study (and Comprehensive Plan and Zoning Ordinance) incorporated a growth limit of 350,000 square feet of additional floor area above the total floor area existing in 1986, and provided for a re-evaluation of the CD regulations when net new development reaches 235,000 square feet. Since 1986, a total of 223,210 square feet of non-residential floor March 11, 2013 Page 3 of 9 (ID # 3462) area has been added in the Downtown CD-C zoned area. In the past two monitoring cycles from 2009-2011, approximately 34,650 square feet of net new commercial floor area was added with a few major contributing projects such as 524 Hamilton Avenue and 265 Lytton Avenue. In this current cycle, 2011-2012, approximately 49,860 square feet of net new commercial floor area has been added through one major project, 335-355 Alma Street. Based on this recent monitoring, an additional 11,790 square feet of new non-residential development remains for development before the re-evaluation limit of 235,000 square feet growth limit is reached. Staff notes that the 135 Hamilton Avenue project was recently approved (though parking issues haven’t been resolved), which would increase the total by approximately 20,000 square feet, to about 245,000 square feet, in excess of the re-evaluation threshold. Staff has developed a scope of work for the new Development Cap Study and will initiate work in the next couple of months. TABLE 2: Total Non-Residential SQFT Added in Downtown Palo Alto since 2006. Year Total Non-Residential SQFT Added in CD-C Total Non-Residential SQFT Left to Reach the Re-evaluation Limit* 2006-2007 195 129,055 2007-2008 7,480 121,575 2008-2009 25,280 96, 295 2009-2010 21,150 75, 145 2010-2011 13,500 61,645 2011-2012 49,860* 11,790 Source: City of Palo Alto’s Planning Department *Projects filed as of August 2012. Below is a list of significant projects in the downtown CD-C zone area that added more than 5,000 square feet since 2006. 325 Lytton Ave--17,515 square feet 310 University Ave--7,481 square feet 265 Lytton Ave—21,151 square feet 524 Hamilton Avenue—9,345 square feet 355 Alma Street—49,860 square feet Demonstrating Special Public Benefits The Downtown Study reserved 100,000 square feet of the 350,000 square foot growth limit to be used for projects demonstrating special public benefits. Since 1986, eleven projects in the March 11, 2013 Page 4 of 9 (ID # 3462) Downtown area have been developed under the Planned Community zoning that requires a finding of public benefit. Six of the projects exceeded the non-residential floor area that would otherwise be allowed under zoning by a total of 66,915 square feet. The total changes in square footage of these projects are shown in the fourth column of Attachment C. The remaining five projects were mixed-use projects that did not exceed allowable non-residential floor areas. All of the projects either provided parking or paid a fee in-lieu of providing parking. Only one project; 355 Alma Street, in this current cycle added square feet demonstrating public benefit and provided in-lieu fees for parking. Projects Qualifying for Seismic, Historic or Minor Expansion Exemptions The Downtown Study designated 75,000 square feet of the 350,000 square foot cap for projects that qualify for seismic, historic or minor expansion exemptions in order to encourage these upgrades. Since 1986, 93,931 square feet have been added in this category. Two projects, 524 Hamilton Avenue and 668 Ramona, used close to 5000 square feet of Transfer Development Rights (TDR) square footage. This year’s only approved project, 335-355 Alma Street, did not add any square feet in this category. These projects are shown in the fifth column of Attachment C. Parking Inventory The 1986 Downtown Study set performance measures that established that new commercial development in the Downtown should not increase the total parking deficit beyond that was existing or approved through May 1986, or 1,601 spaces. This base “deficit” number was determined by counting the number of commercially bound vehicles (employees, customers, etc.) parked in residential neighborhoods. Increases or reductions to the deficit are determined by comparing the total number of commercial parking spaces constructed in the downtown area with the amount of new commercial square footage constructed. In general, for every 250 square feet of commercial development, an additional parking space should be constructed. There are certain projects that qualify for exemptions to parking requirements, which add to the deficit. Conversely, parking improvements that are independent of development reduce the deficit. As noted above, certain projects are exempt from providing parking or a portion thereof, which increases the deficit. The City tracks these exemptions, and at the end of the 2003 monitoring period, the City determined a re-evaluation of the parking exemption regulations would be undertaken when the unmet parking demand resulting from exemptions reaches a cumulative 450 spaces. Currently, the unmet parking demand resulting from exemptions is 350 parking spaces. In 2003, the City opened two new parking structures located at 528 High Street and 445 Bryant Street. This added a total of 713 net new parking spaces. Other improvements that have occurred since 1986 include a 2-floor addition to the Cowper/Webster Garage and significant restriping of on-street parking spaces by the City’s Transportation Division. Per the methodology prescribed in the 1986 downtown study, the total cumulative parking deficit has been “reduced” from 1,601 in 1986 to 901 in 2012. Attachment D is a chart that details the CD March 11, 2013 Page 5 of 9 (ID # 3462) (Commercial Downtown) parking deficit. Although defined as a deficit reduction, there is a general understanding that commercial parking intrusion into residential neighborhoods has increased since that time. Staff believes that the parking intrusion is not accurately depicted in Attachment D, as it likely doesn’t include factors such as a) increased employee density downtown, b) conversions of existing retail or underused office space to more intensive office uses, c) conversions of prior residential hotel uses to true hotel uses, and d) parking in neighborhoods from areas other than the downtown business, such as for Caltrain commuters, Palo Alto Medical Foundation, and/or Stanford. A better estimate of parking intrusion will be developed as part of the Downtown Development Cap Study. Recently, staff has been directed by City Council to undertake a site and feasibility study to evaluate the possibility of construction of additional public parking structures in and around the Downtown area, and to consider expansion of existing parking capacity through the use of attendant parking at existing structures. In addition, City Council directed staff to conduct a re- evaluation of the 1986 Downtown Development Cap Study. This study examined parking, traffic and land use conditions of the Downtown area and restricting future non-residential development to a total of 350,000 square feet in the Downtown CD-C zone area. The proposed re-evaluation study will also include analysis of existing and projected traffic, parking capacity, and the impacts from application of parking exemptions under transfer of development rights and other code provisions. Vacancy Rate for Ground Floor (GF) Combining District The Ground Floor Combining District (GF) was created to encourage active pedestrian uses in the Downtown area such as retail, eating and drinking and personal services. There is approximately 548,675 square feet of total Ground Floor area in the CD-C (GF) (P) zoning district after the adoption of the amended ordinance in December 2009. Staff surveyed downtown CD-C (GF) (P) zoned areas to assess vacancy in the second week of December 2012. Staff also consulted local real-estate agents and other databases and compiled a list of only five properties in the CD-C (GF) (P) area, which met the requirements for vacancy. The total vacancy amounted to 15,550 square feet. TABLE 3: Vacant Property Listings for Only Ground Floor (GF) Spaces in CD-C (GF) (P) Combining District. (As of December 14, 2012) Address Vacant Square Feet 575 High 4,437 174 University 2,300 March 11, 2013 Page 6 of 9 (ID # 3462) 355 University 3,694 429-447 University 3,300 436-440 University 1,818 Source: City of Palo Alto’s Planning Department This results in a GF vacancy rate of approximately 2.8 percent this year; 2 percent less than previous year’s vacancy rate. FIGURE1. Vacancy Rates in CD-C and CD-C (GF)(P) Zones Since 2006 Source: City of Palo Alto’s Planning Department Vacancy Rate for Entire CD District The entire CD area contains approximately 3,850,000 gross square feet of floor area, including approximately 330,000 square feet within the SOFA CAP Phase 2 area. About 525,000 square March 11, 2013 Page 7 of 9 (ID # 3462) feet is used for religious or residential purposes or is vacant and not available for occupancy. Thus, the net square footage of available commercial space is approximately 3,325,000 square feet. Staff conducted a field survey in mid-December 2012 and communicated with local real estate agents during same time to assess overall vacancies in the downtown area. In this monitoring cycle there was a total vacancy of 52,368 square feet. This vacancy equals a rate of 1.6 percent compared to 2.0 percent in last year’s monitoring report. The overall CD-C vacancy rate has reduced considerably since the 2008-2009 period, close to a drop of 5 percent. Table 4 was compiled based on staff conducted fieldwork, researches of different real estate websites and responses received from local downtown real estate agents. TABLE 4: Vacant Property Listings for Rest of Commercial Downtown (CD). (As of December 14, 2012)) Includes Upper Floor Office Space in CD-C (GF) (P) Combining District and all floors of CD-C (P) District Address Zoning District Vacant Square Feet 526 Bryant CD-C (GF)(P) 5,753 542 Emerson CD-C(GF) (P) 1,850 385 Forest CD-C (GF)(P) 2,038 201-225 Hamilton CD-C (GF)(P) 8,660 205 Hamilton CD-C (GF)(P) 9,857 437 Lytton CD-C (P) 1,204 550 Lytton CD-C (P) 2,662 355 University CD-C (GF)(P) 4,795 CD – Commercial Downtown, (C) – Commercial, GF – Ground Floor Combining District, P - Pedestrian Overlay March 11, 2013 Page 8 of 9 (ID # 3462) Trends in Use Composition The primary observation of change in the use composition of Downtown was, in this cycle about 48,360 square feet of new non-residential use was added through the 355 Alma Street project. Since the enactment of new CD zoning regulations in 1986, the total floor area devoted to higher-intensity commercial uses such as office, retail, eating/ drinking and housing has increased, while the total floor area in lower-intensity commercial uses like manufacturing, warehousing and business services has decreased (see Attachment E). Retail Rents Retail rental rates have marginally increased since last year’s monitoring report. According to the data gathered during December 2012 staff survey of commercial real estate agents offering properties for lease in Downtown, rents for retail space are generally ranging from $3.00 to $6.00 per square foot triple net (i.e. rent plus tenant assumption of insurance, janitorial services and taxes). The lower end of this range is generally for spaces in older buildings and away from University Avenue. Retail rental rates on core downtown University Avenue goes up to $5.00 to $6.50. For some vacant properties outside the downtown core, rental rates are lower and listed as negotiable. Office Rents Based on the information gathered from commercial real estate agents listing properties for lease in Downtown, rents for Class A Downtown office space (i.e. newer and/or larger buildings on University Avenue and Lytton Avenues) and Class B office space (i.e. older and/or smaller buildings further from University Avenue) are ranging from $3.75 to $7.00 per square foot triple net, more or less similar to last year’s monitoring cycle. Timeline This is an annual report. Resource Impact This report has no impact on resources, though the implications of reduced vacancy rates have positive impacts on the City’s property and sales tax receipts. Policy Implications This report on the Commercial Downtown (CD) zoning area is mandated by Comprehensive Plan Programs L-8 and L-9 and by the Downtown Study approved by the City Council on July 14, 1986. Environmental Review This is an informational report only and is exempted from CEQA review. March 11, 2013 Page 9 of 9 (ID # 3462) Courtesy Copies: Planning and Transportation Commission Architectural Review Board Palo Alto Chamber of Commerce Palo Alto Board of Realtors Palo Alto Downtown Business & Professional Association Downtown North Neighborhood Association Professorville Neighborhood University Park Neighborhood Association Attachments: : Attachment A: Downtown Study Summary (PDF) : Attachment B: Map of Downtown CD(C) District (PDF) : Attachment C: Non-Residential Square Footage (PDF) : Attachment D: Parking Changes (PDF) : Attachment E: Changes by Land Use Category (PDF) text texttext Downtown ParkingAssessment District Professorville Historic District RamonaStreetHistoricDistrict PF PC-1992 OR CS CC R-2 R-2 R-2 R-2 R-2 R-2 RM-15 R-2 R-2 R-2 R-2 R-1(10000) R-1(10000)PF R-2 PC-2967PC-3266 PF PFPF RM-15 PF CN R-1 PC-3902 PC-3707 PC-4283 PF RT-35 PC-4389 CS CS PC-4465 CS CD-C(P) R-1(10000) RM-30 AMF(MUO) DHS R-2 CD-S(P)AMF PC-4612 R-1 PF CC PF 4426 CC RM-30 PF PF CD-N(1)(P) RM-30 PC-4063 PC-3872 PF PF PC-2130 PF CD-C (P) PC-4374 PF PF PF CD-C(P) CD-C(P) CD-N (P) PF PC-3111 PC-3007 PC-3974 PF PF PC-4262 PC-4243 PC-4238 PC-4195 RM-15 RMD(NP) RM-40 PC-3429 CD-N (P) CD-C(GF)(P) RM-40 CD-C (P) CD-C (P) PFAMF DHS DHS PF PC-4611 CC(L) PC-4053 RMD(NP) RMD(NP) RM-30 PF PC-2049 PC-3102 R-2 RM-15 R-1 RM-30 PC-4339 RM-30 RM-30 PF PC-4052PF PC- 2545 R-2 RM-40 PC-2145 RM-30 PC-2968 PC-3995 R-2 PF R-1 R-1 PC-3753 PC-4782 CS RT-50 CD-S(P) RT-50 RT-35 RT-35 R-2 RT-50 RT-50 PC-4779 RM-30 CD-C(P) PC-2649 PC-4296 RM-15 PC-4173 PC-4436 PC-3437 RM-15 RM-30PC-4048 PC- 2836 PC-2152 PF R-1 R-2 RM-15 RM-30 R-1(10000) PC-3571 PF R-2 RM-30 R-2 R-2 RM-15 R R-1 CommuniGarden Palo AltoMedicalFoundation CityHall DowntownLibrary SeniorCenter FireSta.No.1 AddisonElementarySchool Children'sLibrary Palo AltoHigh School MainLibrary CulturalCenter HooverHospital JuniorMuseumandZoo WalterHaysElementarySchool Fire StationNo. 3 Elizabeth GambleGarden Center Lucie SternCenter ElPaloAltoPark El CaminoPark LyttonPlaza Cogswell Plaza ScottPark KelloggPark RinconadaPark JohnsonPark HopkinsPark EleanorPardeePark BowlingGreen WilliamsPark Quarry Road Welch Road Arboretum Road Somerset Place Martin Avenue Tevis Place Kirby Place Center Drive Pitman Avenue Arcadia Place Pitman Avenue Kings Lane Lincoln Avenue Forest Avenue Dana Avenue nter Drive Un WestCrescentDrive Hamilton Avenue Ashby Drive Island Drive Dana Avenue ntDrive Southwood Drive EdgewoodDrive Newell Road Louisa Court De Soto Da Waverley StreetPoe Street Palo Alto Avenue Kipling Street Ruthven Avenue Hawthorne Avenue Lane 33 Cowper Street Tasso Street PaloAltoAvenue Everett Avenue Webster Street Hawthorne Avenue Lytton Avenue Everett Court Byron Street Middlefield Road Middlefield Road Fulton Street Seneca Street Fife Avenue Guinda Street Hamilton Avenue Forest Avenue Forest Avenue Fulton Street Palo Al to Avenue Lytton Avenue Pa lo Alto Avenue Seneca Street Hale Street Forest Court University Avenue Hamilton Court Hamilton Avenue Hale Street Chaucer Street PaloAltoA Street M Ma Palm S University Avenue Embarcadero Road Webster Street Kellogg Avenue Lincoln Avenue Melville Avenue Fulton Street Byron Street Middlefield Road Melville Avenue Cowper Street Webster Street Coleridge Avenue Greenwood Avenue Harker Avenue Parkinson Avenue Hopkins Avenue Harriet Street Harriet Street Community Lane Wilson Street Lincoln Avenue Regent Place Kent Place Lowell Avenue Middlefield Road Embarcadero Road Tennyson Avenue Byron Street Fulton Street Guinda Street Harker Avenue Cedar Street Hopkins Avenue Pine Street Newell Road Parkinson Avenue Seale Avenue Mark Twain StNewell Road No P Walter Hays Drive Walnut Drive Greenwood Avenue Hutchinson Avenue Channing Avenue Sharon Court Newell Road Erstwild Court Newell Place High StreetHomer Avenue Channing Avenue Alma Street Lane A West Lane 8 West Addison Avenue Emerson Street Ramona Street High StreetLane B West Emerson Street Lincoln Avenue Waverley Street Gilman Street Bryant Street Forest Avenue Downing Lane Homer Avenue Waverley Street Kingsley Avenue Lane B East Ramona Street Addison Avenue Lane D West Scott Street Bryant StreetLane D East Lincoln Avenue Kingsley Avenue Lane 59 East Addison Avenue Kipling Street Channing Avenue Cowper Street Hamilton Avenue Tasso Street University AvenueWebster Street Lane 39 Webster Street Lane 56 (Private) Byron Street Forest Avenue Whitman Court Lincoln Avenue Kellogg Avenue Melville Avenue Kingsley Avenue Waverley Street Bryant Street Cowper Street Middlefield Road Addison Avenue Lincoln Avenue Cowper Street Churchill Avenue Tasso Street Kingsley Avenue Byron Street Guinda Street Fulton Street Homer Avenue Guinda Street Boyce Avenue Addison Avenue Channing Avenue Coleridge Avenue Lowell Avenue Waverley Street Bry Waverley Street nue Cowper Street gton Avenue Seale Avenue Tasso Street Tennyson Avenue Cowper Street Santa Rita Avenue Webster StreetEmbarcadero Road Kellogg Avenue Melville Avenue Alma Street MariposaA Coleridge Avenue venue Churchill Avenue Emerson Street Quarry Road Mitchell Lane Palm Drive (Stanford) Alma StreetEl Camino Real Hawthorne Avenue High Street Everett Avenue Lytton Avenue High Street El Camino Real Alma Street Hamilton AvenueUniversity Avenue Wells Avenue Emerson Street Ramona Street Emerson Street PaloAltoAvenue Bryant Street Ramona Street Lane 15 East Bryant Court Forest Avenue Lane 5 East Urban Lane Bryant Street Paulsen Lane Lane 12 West Encina Avenue Lane 7 West Lane 7 East Lane 6 East Centennial Walk Lane 11 West Lane 21 Florence Street Lane 20 East Lane 20 West Kipling Street Lane 30 WOODLAND AVE CONCORDLEXINGTON T PL CLELAND CT WOODLAND CREEK DR DR CAMBRIDGE AVE HARVARD AVE LN ALMA ST CORNELL AVE ALTO LN AVE EL CAMINO REAL CREEK RD PARK SHERWOOD WAVERLEY ST BURGESS RD E. CLAREMONT CREEKPL EAST DR PL MANOR LINFIELD WILLOW WY WOOD SHER WAVERLEY PLCLAREMONT WY CREEK RD DR WY E. CREEK DR WAVERLEY DR ST PL WILLOW PARKING LAUREL ST WILLOW RDCT WAVERLEY KENT PL ST BAYWOOD LINFIELD DR HOMEWOOD PL RN AVE AVE CLOVER LN CO This map is a product of the City of Palo Alto GIS This document is a graphic representation only of best available sources. Legend Primary Study Area (CD Zones) City Jurisdictional Limits Parking Assessment Districts Zone Designation Boundaries abc Zone Designation Labels Peripheral Study Area 0' 780' Pa l o A l t o D o w n t o w n and Su r r o u n d i n g N e i g h b o r h o o d s CITY OF PALO ALTOINCORPORATED CALI FORNIA P a l o A l t oT h e C i t y o f APRIL 1 6 1894 The City of Palo Alto assumes no responsibility for any errors. ©1989 to 2013 City of Palo Alto RRivera, 2013-03-11 17:32:47CD Peripheral Study Area--Aaron (\\cc-maps\gis$\gis\admin\Personal\RRivera.mdb)