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HomeMy WebLinkAboutStaff Report 4242City of Palo Alto (ID # 4242) City Council Staff Report Report Type: Consent Calendar Meeting Date: 11/18/2013 City of Palo Alto Page 1 Summary Title: Approval of a Contract for the Parks, Trails, Open Space and Recreation Master Plan Project Title: Approval of a Contract in the Amount of $327,535 with MIG, Inc. for the Parks, Trails, Open Space and Recreation Master Plan Project PE-13003 From: City Manager Lead Department: Public Works Recommendation Staff recommends that Council approve and authorize the City Manager or his designee to execute Contract No. C14150749 with MIG, INC. (Attachment A) in a Not to Exceed Amount of $376,665 for the Parks, Trails, Opens and Recreation Master Plan (PE-13003), including $327,535 for basic services and $49,130 for additional services. Background The City of Palo Alto has 32 parks comprising 187 acres, an extensive trail system, and four open space preserves that include 4,000 acres. Individual parks range from very small neighborhood parks such as Cogswell Plaza to regional parks such as Rinconada and Mitchell Parks. Additionally, the City provides a variety of other recreation facilities and programming with the mission to deliver high quality recreational opportunities for the community by: City of Palo Alto Page 2 "Engaging individuals and families to create a strong and healthy community, through parks, open space, recreation, social services, arts and sciences." The purpose of the Parks, Trails, Open Space and Recreation Master Plan project is to prepare a Master Plan to guide the City’s implementation of improvements over the next 25 years. The Parks and Recreation Commission (PRC) were closely involved in the development of the scope of work for the Master Plan project. The initial scope, as described in the FY 2013 Capital Budget, was limited to the City’s urban parks and appropriated $350,000 for the project. Following feedback from the PRC, the scope of the project was expanded to include the trail system, the developed areas of the open space preserves and the City’s recreational programming. The expanded scope and an additional appropriation of $100,000 were approved in the FY 2014 Capital Budget, bringing the total project budget to $450,000. Upon approval of the increased funding, an Ad Hoc Committee of the PRC was formed to provide further input and direction concerning the draft scope of work. The finalized scope reflects the joint participation between staff and the Commission. Discussion The Parks, Trails, Open Space and Recreation Master Plan will provide the City with clear guidance regarding future renovations, improvements and funding needs, incorporating demands for projected recreational, programming, and maintenance needs and establishing a prioritized schedule of future park renovations and facility improvements. The Master Plan process will include the creation of a comprehensive inventory of all Palo Alto parks, trails, open spaces and recreational facilities; an analysis of current and forecasted community recreation needs using a 25-year planning horizon;a prioritization of needed renovations and improvements;and a strategy and timeline for funding the improvements. The process will engage the Community for their feedback to best determine how priorities should be established, and will include significant review by Palo Alto boards and commissions and City Council. City of Palo Alto Page 3 The key tasks to be performed in development of the Master Plan are summarized as follows: ·Review and analysis of all city parks, trails (gaps in trail system) and open space developed areas ·Review and analysis of recreational services and programs ·Analysis of sustainability opportunities ·Demographic analysis and identification of any underserved user groups ·Extensive community and stakeholder input ·Prioritization of recommended renovations and improvements ·Development of Master Plan to guide future parks and recreation projects ·Analysis of funding levels needed for maintenance of and improvements to the parks and recreation system These tasks are described in greater detail in the project scope of work included in Attachment A. Summary of Solicitation Process Proposal Description/Number PARKS, TRAILS, OPEN SPACESAND RECREATION MASTER PLAN/ REQUEST FOR PROPOSAL NUMBER 150749 Proposed Length of Project Approximately 21 months Number of Proposals Mailed 15 Total Days to Respond to Proposal 31 Pre-proposal Meeting Date July 13, 2013 Number of Company Attendees at Pre- proposal Meeting 5 City of Palo Alto Page 4 Number of Proposals Received:5 Company Name Location (City, State) Selected for oral interview? 1. Gates & Associates San Ramon, CA No 2. Bellinger Foster Steinmetz Landscape Palo Alto, CA Yes 5. Royston Hanamoto Alley & Abey Mill Valley, CA Yes 4. RJM Design Group Sacramento, CA No 5. MIG, Inc. Berkeley, CA Yes Total Proposal Range Amounts $294,005 -$415,176 An evaluation committee consisting of staff from the Community Services Department and the Public Works Department’s Engineering Services Division as well as a member of the Parks and Recreation Commission Ad Hoc Committee reviewed the proposals. From the proposal evaluations three firms were invited for interviews on August 28, 2013. The Committee carefullyreviewed each firm's qualifications and submittals in response to the criteria identified in the RFP. The evaluation committee unanimously selected MIG, Inc. as the top proposer. MIG, Inc. was selected because of their experience with community outreach, other similar park master plan projects and their clearly defined team roles. The additional services amount of 15% is larger than the standard 10% amount. The higher amount is recommended due to the expected extensive input and review from the public and the boards and commissions, which is likely to result in requests for inclusion of unforeseen analysis and/or studies not included in the contract scope of work. Timeline The Parks, Trails, Open Space and Recreation Master Planning process duration is approximately 21 months. City of Palo Alto Page 5 Resource Impact Funding for this contract is available in Capital Improvement Program project PE- 13003 (Parks, Trails, Open Space and Recreation Master Plan). Policy Implications The proposed Parks, Trails, Open Space and Recreation Master Plan is consistent with the Comprehensive Plan Policy C-26 of the Community Services element of the Comprehensive Plan that encourages maintaining park facilities as safe and healthy community assets; and Policy C-22 that encourages new community facilities to have flexible functions to ensure adaptability to the changing needs of the community. Environmental Review This is a planning study and therefore exempt from California Environmental Quality Act (CEQA) review pursuant to Section 15262 of the CEQA guidelines. Attachments: ·A - Contract -Park, Trails, Open Space and Recreation Master Plan (PDF) ·B -Performance Schedule (PDF) Page 1 of 25 Professional Services Rev. November 11, 2011 CITY OF PALO ALTO CONTRACT NO. C14150749 AGREEMENT BETWEEN THE CITY OF PALO ALTO AND MIG, INC. FOR PROFESSIONAL SERVICES This Agreement is entered into on this 18 day of November, 2013, (“Agreement”) by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and MIG, INC., a Land Planning Consultant Firm, located at 800 Hearst Ave, Berkeley, CA 94710 ("CONSULTANT"). RECITALS The following recitals are a substantive portion of this Agreement. A. CITY intends to develop a Parks, Trails, Open Space and Recreation Master Plan (“Project”) and desires to engage a consultant to provided the needed services in connection with the Project (“Services”). B. CONSULTANT has represented that it has the necessary professional expertise, qualifications, and capability, and all required licenses and/or certifications to provide the Services. C. CITY in reliance on these representations desires to engage CONSULTANT to provide the Services as more fully described in Exhibit “A”, attached to and made a part of this Agreement. NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, in this Agreement, the parties agree: AGREEMENT SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described 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. SECTION 2. TERM. The term of this Agreement shall be from the date of its full execution through September 30, 2015 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 Page 2 of 25 Professional Services Rev. November 11, 2011 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 Three hundred and twenty seven thousand five hundred and thirty five Dollars ($327,535.00). In the event Additional Services are authorized, the total compensation for services and reimbursable expenses shall not exceed Three hundred seventy six thousand six hundred and sixty five Dollars ($376,665.00). 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 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. Page 3 of 25 Professional Services Rev. November 11, 2011 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. SECTION 12. SUBCONTRACTING. CONSULTANT shall not subcontract any portion of the work to be performed under this Agreement without the prior written authorization of the city manager or designee. CONSULTANT shall be responsible for directing the work of any subconsultants and for any compensation due to subconsultants. CITY assumes no responsibility whatsoever concerning compensation. CONSULTANT shall be fully responsible to CITY for all acts and omissions of a subconsultant. CONSULTANT shall change or add subconsultants only with the prior approval of the city manager or his designee. SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Lauren Schmitt as the Principal -in-Charge to have supervisory responsibility for the performance, progress, and execution of the Services and Ryan Mottau as the project Manager to represent CONSULTANT during the day-to-day work on the Project. If circumstances cause the substitution of the project director, project coordinator, or any other key personnel for any reason, the appointment of a substitute project director and the assignment of any key new or replacement personnel will be subject to the prior written approval of the CITY’s project manager. CONSULTANT, at CITY’s request, shall promptly remove personnel who CITY finds do not perform the Services in an acceptable manner, are uncooperative, or present a threat to the adequate or timely completion of the Page 4 of 25 Professional Services Rev. November 11, 2011 Project or a threat to the safety of persons or property. The City’s project manager is Elizabeth Ames, Public Works Department, Engineering Division, 250 Hamilton Ave. Palo Alto, CA 94303, Telephone:(650) 329-2502. 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. SECTION 15. AUDITS. CONSULTANT will permit CITY to audit, at any reasonable time during the term of this Agreement and for three (3) years thereafter, CONSULTANT’s records pertaining to matters covered by this Agreement. CONSULTANT further agrees to maintain and retain such records for at least three (3) years after the expiration or earlier termination of this Agreement. SECTION 16. INDEMNITY. 16.1. To the fullest extent permitted by law, CONSULTANT shall protect, indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents (each an “Indemnified Party”) from and against any and all demands, claims, or liability of any nature, including death or injury to any person, property damage or any other loss, including all costs and expenses of whatever nature including attorneys fees, experts fees, court costs and disbursements (“Claims”) that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of 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 Page 5 of 25 Professional Services Rev. November 11, 2011 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 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. Page 6 of 25 Professional Services Rev. November 11, 2011 19.3. Upon such suspension or termination, CONSULTANT shall deliver to the City Manager immediately any and all copies of studies, sketches, drawings, computations, and other data, whether or not completed, prepared by CONSULTANT or its contractors, if any, or given to CONSULTANT or its contractors, if any, in connection with this Agreement. Such materials will become the property of CITY. 19.4. Upon such suspension or termination by CITY, CONSULTANT will be paid for the Services rendered or materials delivered to CITY in accordance with the scope of services on or before the effective date (i.e., 10 days after giving notice) of suspension or termination; provided, however, if this Agreement is suspended or terminated on account of a default by CONSULTANT, CITY will be obligated to compensate CONSULTANT only for that portion of CONSULTANT’s services which are of direct and immediate benefit to CITY as such determination may be made by the City Manager acting in the reasonable exercise of his/her discretion. The following Sections will survive any expiration or termination of this Agreement: 14, 15, 16, 19.4, 20, and 25. 19.5. No payment, partial payment, acceptance, or partial acceptance by CITY will operate as a waiver on the part of CITY of any of its rights under this Agreement. SECTION 20. NOTICES. All notices hereunder will be given in writing and mailed, postage prepaid, by certified mail, addressed as follows: To CITY: Office of the City Clerk City of Palo Alto Post Office Box 10250 Palo Alto, CA 94303 With a copy to the Purchasing Manager To CONSULTANT: Attention of the project director at the address of CONSULTANT recited above SECTION 21. CONFLICT OF INTEREST. 21.1. In accepting this Agreement, CONSULTANT covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services. 21.2. CONSULTANT further covenants that, in the performance of this Agreement, it will not employ subconsultants, contractors or persons having such an interest. CONSULTANT certifies that no person who has or will have any financial interest under this Agreement is an officer or employee of CITY; this provision will be interpreted in accordance with the applicable provisions of the Palo Alto Municipal Code and the Government Code of the State of California. Page 7 of 25 Professional Services Rev. November 11, 2011 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 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 Page 8 of 25 Professional Services Rev. November 11, 2011 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 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 DocuSign Envelope ID: 7F006382-7D20-413D-826E-153784CEAEE7 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 MIG, Inc. City Manager I. aureft Schmitt Principal APPROVED AS TO FORM: Senior Ass!. City Attorney Attachments: EXHIBIT "A": EXHIBIT "B": EXHIBIT "C": EXHIBIT "C-I ": EXHIBIT "D": II II II II Page 9 of25 SCOPE OF WORK SCHEDULE OF PERFORMANCE COMPENSATION SCHEDULE OF RATES INSURANCE REQUIREMENTS Professional Services Rev. November 11 , 2011 Page 10 of 25 Professional Services Rev. November 11, 2011 EXHIBIT “A” SCOPE OF SERVICES OBJECTIVES The purpose of the Master Plan is to create a clear set of objectives that will provide direction to City staff, the Parks and Recreation Commission (PRC), the Planning and Transportation Commission and the City Council for development, re-development, expansion and enhancement of the City’s parks system, open spaces, trails, recreation facilities, and recreation programs and services for a short-term (5 year), mid-term (10 year) and long-term (25 year) range. Specific items to include in the Master Plan, but not limited to, are: 1. Park Analysis/Assessment Study – Analyze and assess the current conditions of all of Palo Alto 32 Parks, 4 open space preserves (developed areas within the preserves only such as picnic and parking areas, restrooms, boardwalks, etc.), trails (links/connections of existing trails) and recreation facilities (community gardens, gymnasiums, exercise rooms, basketball courts, pools, etc.). This assessment will include a review of recreational services and programs offered at the Lucie Stern Community Center, leased and contracted public facilities such as the Cubberley Community Center and Palo Alto Unified School District fields and courts. 2. Recreation Program and Services Analysis/Assessment Study - Analyze and assess the current recreation programs and services provided by the City, and identify opportunities and deficiencies for future recreation programs and services. 3. Demographic Analysis Study– Review and interpret demographic trends and characteristics of Palo Alto using available statistical information from the annual Service Efforts and Accomplishments report for the City of Palo Alto available at (http://www.Cityofpaloalto.org/civicax/filebank/documents/29490). Utilize the demographic information to project future park, trails, open space and recreational needs. 4. Community Needs Study – Determine the communities interests and needs for enhancements to the parks system through community meetings/outreach (topics of interest to review but not limited to: dog parks, skate parks, bocce ball, number of athletic fields needed, synthetic turf vs natural grass turf fields, etc). 5. Capital Development Study - Identify and prioritize important capital issues and projects to consider to be incorporated into a short term (5 year), mid-term (10 year) and the long term (25 year) capital improvement program time table. 6. Costs and Funding Sources Study - Identify probable costs, operations, maintenance costs and potential revenue and funding sources including an evaluation of the best use of park development impact funds TASK 1: Work Plan Prior to embarking on the tasks to be performed under this Scope of Work, MIG will meet with City Staff to finalize a detailed work scope and schedule and identify all information to be provided by City Staff. This task will also include the development of a public input plan identifying the information needs as well as the activities, outreach methods, targets audiences Page 11 of 25 Professional Services Rev. November 11, 2011 and key stakeholders. Meetings to Include: • City Staff review meeting of scope and schedule Deliverables  Revised scope and schedule  Community input plan  List of Identify relevant stakeholders  Request for information letter TASK 2: CITY POLICY AND STANDARDS REVIEW MIG shall conduct an interdepartmental meeting with City Staff to review: • Existing conditions of parks, trails and opens spaces • Current Recreational Services • Maintenance practices • Identify policies and standards • Infrastructure • Interconnections between park and recreation system and city services • Related planning efforts (past and present) A City Staff Project Review Team will be selected at the time of the intradepartmental meeting composed of key staff members who will guide the process by providing technical and political feedback on interim products. MIG shall assemble and review all existing City of Palo Alto strategic planning documents to ensure compatibility with the final Parks, Trails, Open Space and Recreation Master Plan recommendations. Meetings to Include: • Intra-Department City Staff Meeting • City Staff Project Review Team Meeting #1 - Review draft of Task 2 summary Materials to be provided:  City Comprehensive Plan: To include the new and updated document  Park & Open Space ‘As-Built’ Plans and/or GIS base maps  List of Recreational Services/Programs  Past Parks and Recreation Plans  Trails Maintenance and Master Plans  City details and specifications  2011 Infrastructure Blue Ribbon Commission Report and associated Park/Open Space condition assessment and list of Parks and Open Space Capital Improvement Projects scheduled for the next five years.  Infrastructure spreadsheet  Bicycle and Pedestrian Transportation Plan Deliverables The findings of this task will be summarized in the Draft and Final Planning summary for Task 2, which will include a summary of relevant policies, standards and plans and land use data.  Electronic format of Draft Summary for review and commenting – one revision only Page 12 of 25 Professional Services Rev. November 11, 2011  Finalized Draft Summary of Task 2 TASK 3: Existing Park, Trails, Open Space and Recreation Facilities and Programs Inventory/Analysis MIG is to compile a comprehensive inventory and analysis of all parks, open spaces (developed areas only) , trails ( Areas lacking ADA compliance or gaps in trail system), and programs/services offered by the City. This inventory will be conducted on a parks, trails and open space tour of all sites with city staff. At specific locations identified in Task 2 community/stakeholder members may also be invited to tour the facility and add further feedback. A special topics meeting with the Palo Alto Unified School District will also be held to review recreational uses and programs at athletic field facilities. Inventory data will be collected for both the physical system and the city’s offered recreational programming. Physical Inventory & Analysis The physical inventory of the system will include the complete system, summarized on a base map of the city as well as an inventory table detailing the following for all parks, trails and developed areas in open spaces. This inventory is to include:  Locations – Update City Plan  Size & boundary  Use – Neighborhood or Regional  History – Provided by City (history and past renovations)  Current condition  Facilities – Inventory of all park and recreational facilities (playgrounds, playfields, ball courts, pools, gyms, trails, restroom, structures, parking capacity)  School facilities  Constraints - Consultant to identify the constraint to sites and system  Opportunities – Consultant to identify opportunities to expand or enhance recreational opportunities  Access to key features Upon review by the Staff Project Team to ensure accuracy and completeness of the physical inventory; the analysis of the physical inventory is to include:  Facility and recreation (system) gaps - Analysis is to utilize input from the survey and Geographic analysis  Identification of ADA compliance issues  Operation and maintenance  Identification of suitable locations for potential new or expanded facilities (example: dog parks)  Recommendations to expand recreational facilities  Evaluate opportunities to increase sustainability practices such as & reducing turf, energy and water consumption, waste, etc. Recreational Inventory & Analysis An inventory of the City’s recreational programs is to be performed as part of this task to determine the level of recreational needs currently being achieved by the City and to identify those recreational areas that are lacking or not being served in Palo Alto. The recreational Page 13 of 25 Professional Services Rev. November 11, 2011 programmatic inventory will include the following:  Mix and distribution of recreation opportunities  Program areas  Market segments served  User groups for primary facilities  Times of usage of primary facilities  Schedule of programs offered Upon review by the Staff Project Team to ensure accuracy and completeness of the recreational programs; the analysis of the recreational program inventory is to include:  Recommendations to expand recreational programs  Identify potential revenue sources  Operational requirements Meetings to Include: • City Staff and maintenance review meetings at each park and open space • (1) Palo Alto Unified School District review meetings Deliverables The inventory and analysis summary is to include along with the all inventory and analysis information is to include:  Key findings of the inventory and analysis of the existing system  Electronic format Draft of System Analysis Summary for review and commenting – one revision only  Finalized System Analysis Summary Other deliverable items to include:  PAUSD meeting agenda  Existing and Potential Recreations Facilities and Programs Inventory/Analysis draft Report TASK 4: Demographic Analysis MIG shall analyze demographic trends in the region from the annual Service Efforts and Accomplishments report for the City of Palo Alto that may impact or affect the needs and demands on the Palo Alto parks, trails, open space and recreation system for the next 25 years. A demographic analysis report is to include an overview of all the major demographic elements that will impact Palo Alto’s park system, open spaces, trails, recreational facilities and recreational programs. The analysis should also identify underserved user groups, including those park users with disabilities as well as the needs of dog owners. The method and approach proposed for analyzing and incorporating the information from the demographic study into the Master Plan should be detailed in the proposal. Demographics to review:  City Demographic Information http://www.Cityofpaloalto.org/civicax/filebank/documents/29490  City of Palo Alto Unified School district data  National Parks and Recreation Society survey data Local and national trends in park use will be interpreted to parks, open spaces, facilities and programs offered by Palo Alto. By identifying the activities to experience growth, plateau or decline, the impact of these trends on the physical system and programs offerings can be Page 14 of 25 Professional Services Rev. November 11, 2011 projected. MIG will prepare a demographic analysis summary document, including a community demographic profile, highlighting key findings and trends likely to influence community outreach and the master planning process. Meetings to Include: • City Staff Project Review Team Meeting #2 - Review draft summary from task 3 & 4, review community meeting format and survey questions. Deliverables The findings of this task will be summarized in the Draft and Final Demographic Analysis summary, which will also special topics of including park users with disabilities and those impacting the needs of dog owners.  Electronic format of Draft Summary for review and commenting – one revision only  Finalized Demographic Summary TASK 5: Gather & Assess Community Needs & Community Survey MIG shall prepare a study session presentation with the City of Palo Alto’s Parks and Recreation Commission to review goals and objectives of the Parks, Trails & Recreation Master Plan Project and a review of the work performed on the previous tasks to date, as well as to receive input and feed-back from the Commissioners. The summaries of the previous tasks will consolidated and presented to the commission in a concise presentation, a portion of the presentation shall discuss the community meeting format and community survey questions. MIG will organize a community outreach process to solicit community input to assist with determining how Palo Alto parks, trails, open spaces and recreation facilities can better meet the needs of the community. The community outreach and public input process will be integral to the Master Planning process. MIG will prepare an interactive community workshop program and facilitate (3) sessions with the broad community. These meetings will provide a variety of ways for participants to interact, learn about the broad range of issues and desires, and engage in a way that is both meaningful and comfortable. Experienced MIG facilitators will guide the community participants through the work shop and ensure that all voices are heard and acknowledged. MIG will convene two (2) stakeholder focus group meetings– one (1) before the first community meeting and one (1) after the final community meeting - with key community leaders) , advocates and critics as identified by City Staff. The first meeting will be structured for issue identification and framed with the understanding that the planning process has not yet reached any decisions and is trying to frame the community’s choices with the best information possible. The second meeting will review findings from the survey and discuss prioritize. MIG will develop a bilingual survey prepared for implementation via the City’s Vovici outreach. The broad distribution of the survey tool (available both online and on paper) will allow for quota based sampling to achieve a statistically valid result while also opening the results to collect ideas from the larger population. If appropriate, the survey questions will be developed in coordination with the City’s bond polling firm to ensure alignment of the potential projects and Page 15 of 25 Professional Services Rev. November 11, 2011 costs developed for testing. Following the previous meetings and survey in Task 5, a second meeting with the Parks and Recreation Commission will review the feedback received from the community/stakeholder meetings and the designation of an Ad Hoc Committee to work through the recommendation development and prioritization process in Task 6. MIG will present to the City Council regarding the projects status and the input from the community and allow the council the opportunity to provide feedback. Meetings to Include: • Bond Measure polling firm meeting review • Staff project review meeting – prior to survey and community/stakeholder meetings • (3) Community meetings • (2) Stakeholders meetings • Staff project review meeting – PRC and Council meetings • (2) Parks and Recreation Commission presentations (#1 & 2) • (1) City Council presentation Deliverables  Community Survey draft and final  Community Meeting agendas and summary (3 total)  Stakeholders Meeting agendas and summary (2 total)  Parks and Recreation Commission study session agenda, presentation and summary (2)  City Council study session agenda, presentation & summary (1)  Parks and Recreation Commission Ad Hoc Committee study session agenda and summary (1) TASK 6: Draft Parks, Trails, Open Space and Recreation Master Plan Report The Draft Park, Trails, Open Space and Recreation Master Plan Report is to analyze all of the data from the previous tasks and synthesize that information into a comprehensive report. MIG is to make recommendations which take into account the current and future needs related to parks, conditions of existing facilities, and cost of modifications in recommending how the current parks, trails, open space and recreational facilities should be maintained, modified or enhanced to serve short, medium and long term needs of the community. The report should include a matrix that summarizes the findings for each park, trail, open space and recreational facility, in a clear a concise format. MIG will prepare a series of prioritization meeting workshops with the community, stakeholders and the Park and Recreation Ad Hoc Committee. These meetings will build on the ideas generated in the previous tasks. These workshops will be based around a decision making game that elicits input and provides education to the participants. The input from these meetings will be used to finalize the prioritization process and the project list which will be integrated into an administrative draft Master Plan Report outline that will be presented to city staff for approval. Upon approval of the outline MIG will prepare the initial draft of the Master Plan Report for staff submittal. A Staff Project Team meeting will be conducted by MIG that will focus on revisions of the administrative draft of the Master Plan Report. The resulting Public Draft Report will be the Page 16 of 25 Professional Services Rev. November 11, 2011 document used for review by the community, the City’s boards and commissions and the City Council. MIG will develop the necessary policies, recommendations, actions items and processes to create a relevant, useful and easy to follow Parks, Trails, Open Space and Recreation Master Plan. This plan will include sections that provide the necessary and relevant information distilled from the previous tasks. The Draft Master Plan Report is to include, but is not limited to the following information: Inventory and Analysis Section The report is to gather and summarize the analysis aspect of the Master Planning process. This Section is to include information from:  Development of a priority matrices that assists in the selection of short, medium and long term improvements  Analysis, prioritization and assessment of the parks, trials, open space and recreational facilities  City Comprehensive Plan  City staff input  Demographic analysis  Community/stakeholder input  Community survey information  Parks and Recreation Commission input  Consultant to identify areas within Palo Alto where park land or open space could be acquired to expand recreational areas. (i.e. parking lots, easements, open space, etc.)  Consultant to identify parks that should be considered for size expansion where possible. Development Study of Short, Medium and Long-Term Projects The report is to include the identification of short, medium and long–term capital projects, including both standard renovations and installation of new facilities.  Areas where certain outdated or underutilized facilities should be redeveloped  New specialized facilities (skate park, dog parks, gymnasium, etc. ) that should be considered.  New large scale facilities (pool, gymnasium, play fields ext.) that should be considered.  Playgrounds or facilities that are not in conformance with ADA standards  A timeline phasing plan and budget to accomplish the goals of the Parks and Recreation Master Plan  Develop a cost analysis for future capital, operational and maintenance costs for all expansions and improvements that are recommended in the Master plan Management and Implementation Section The report is to include a Management and Implementation section. This section is to include:  Goal, strategies, priorities and action items  Identify areas of possible revenue generation  Identify potential sources of funding  Identify the responsible party or group for achieving the goals and objectives of the Master Plan  Identify items that will require additional staff time needed for operations and maintenance  Establish a time frame for accomplishing each task Page 17 of 25 Professional Services Rev. November 11, 2011  Establish cost analysis for future capital, operational and maintenance recommendations for all expansions and improvements that are recommended in the Master plan Meetings to Include: • (1) Community prioritization meeting • (1) Stakeholder prioritization meeting • (2) PRC Ad Hoc Committee (#1 & #2) • City Staff Project Review Team Meeting #3 Deliverables  Staff project review meeting – prior to community/stakeholder meetings  Community prioritization meeting agenda, presentation and summary  Stakeholder prioritization meeting agenda, presentation and summary  Parks and Recreation Commission Ad Hoc Committee agenda, presentation and summary  City Staff Project Review Team meeting agenda, presentation and summary  Administrative Draft Master Plan Report Outline  Administrative Draft Master Plan Report - Electronic copy for comment  Public Draft Master Plan Report TASK 7: Park Master Plans MIG will develop individual park master plans (bubble diagram of proposed renovations/modifications) and a written summary of each Palo Alto park site to illustrate the planned impacts. Each site plan will be based on available aerial imagery. Each site plan and summary will identify:  New facility or amenities components  Potential for expansion: Size or facilities  Components to be removed  Site improvements  Timing – Schedule of improvements/renovation over the next 25 years (short, medium and long term improvements)  Planning level cost analysis of operations, maintenance and capital improvements  Operations and Maintenance recommendations  Sustainable upgrade recommendations  Other key recommendations on a site-by-site basis A City Staff review of draft site master plans will be integrate into the Staff Project Team Review Meeting #4, aligned with the review of the Administrative Draft Master Plan Report. Site master plans will be revised with input from Staff Project Team Review, aligned with the Revised Draft Plan that will be put forward for adoption. Final modifications (if necessary) following the adoption process will be completed along with the final edits to the Adopted Plan. Meetings to Include: • City Staff Project Review Team Meeting #4 • (1) PRC Ad Hoc Committee (#3) Deliverables  Administrative draft Parks Master Plan - PDF versions for staff review Page 18 of 25 Professional Services Rev. November 11, 2011  City Staff Project Review Team meeting agenda, presentation and summary  Parks and Recreation Commission Ad Hoc Committee agenda, presentation and summary TASK 8: City Boards and Commissions Study Session MIG will develop a presentation and walk-through of the Draft Master Plan Report and Park Master Plans for the City’s Boards and Commissions for input and feed-back. This task includes a reusable presentation and display materials. The City Council study session will be scheduled last and will include an update on the input from the other study sessions as well as the Community Master Plan Review Meeting (Task 9). Meetings to Include:  Parks and Recreation Commission Study Session #2  Planning and Transportation Commission (Study Session)  Public Arts Commission (Study Session)  Historical Review Board (Study Session)  City Council (Study Session) Deliverables  Meeting agendas, presentations and summaries TASK 9: Community Master Plan Review Meeting Utilizing the information developed for the study session (Task 8), MIG will design a community-wide review meeting to solicit feedback on the Draft Master Plan Report and individual Park Master Plans. This meeting will be designed to allow participants to quickly learn about the broad directions of the plan and zero in on the topics they are most interested in providing feedback about. Meetings to Include: • Community Master Plan review meeting Deliverables  Community Meeting agenda, presentation and summary TASK 10: Parks, Trails, Open Space and Recreation Master Plan Based on the combined input of City Boards, Commissions, City Council and the community, MIG and the Staff Project Team will identify the necessary revisions and update the Draft Master Plan Report to reflect the input received. The site master plans will be revised in parallel as part of the effort in Task 7. This revised document will be finalized as the Revised Drat Parks, Trails, Open Space and Recreation Master Plan. This version of the document will be presented to the Parks and Recreation Commission for their review and recommendations and to City Council for adoption. Following adoption and final changes will be integrated into the Adopted Parks, Trails, Opens Space and Recreation Master Plan. Meetings to Include:  City Staff Project Review Team Meeting #4  Parks and Recreation Commission Study Session #3 – Presentation of Master Plan  Parks and Recreation Commission Meeting #4 – Approval of the Master Plan  City Council Meeting #2 - Adoption of the Master Plan Deliverables Page 19 of 25 Professional Services Rev. November 11, 2011  Administrative draft Parks Master Plan - PDF versions for staff review  City Staff Project Review Team meeting agenda, presentation and summary  Parks and Recreation Commission meeting agendas, presentations and summaries  City Council meeting presentations Page 20 of 25 Professional Services Rev. November 11, 2011 EXHIBIT “B” SCHEDULE OF PERFORMANCE CONSULTANT shall perform the Services so as to complete each milestone within the number of days/weeks specified below. The time to complete each milestone may be increased or decreased by mutual written agreement of the project managers for CONSULTANT and CITY so long as all work is completed within the term of the Agreement. CONSULTANT shall provide a detailed schedule of work consistent with the schedule below within 2 weeks of receipt of the notice to proceed. Milestones Completion No. of Days/Weeks From NTP 1. Task 1 6 weeks 2. Task 2 15 weeks 3. Task 3 32 weeks 4. Task 4 30 weeks 5. Task 5 60 weeks 6. Task 6 75 weeks 7. Task 7 79 weeks 8. Task 8 80 weeks 9. Task 9 82 weeks 10. Task 10 96 weeks Page 21 of 25 Professional Services Rev. November 11, 2011 EXHIBIT “C” COMPENSATION The CITY agrees to compensate the CONSULTANT for professional services performed in accordance with the terms and conditions of this Agreement, and as set forth in the budget schedule below. Compensation shall be calculated based on the hourly rate schedule attached as exhibit C-1 up to the not to exceed budget amount for each task set forth below. 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 $327,535. CONSULTANT agrees to complete all Basic Services, including reimbursable expenses, within this amount. In the event CITY authorizes any Additional Services, the maximum compensation shall not exceed $376,665. 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 of the tasks or categories listed below provided the total compensation for Basic Services, including reimbursable expenses, does not exceed $327,535and the total compensation for Additional Services does not exceed $376,665. BUDGET SCHEDULE NOT TO EXCEED AMOUNT Task 1 $8,465 (Work Plan) Task 2 $22,731 (City Policy and Standard Review) Task 3 $59,078 (Inventory and Analysis) Task 4 $8,138 (Demographic Analysis) Task 5 $53,298 (Community Needs and Survey) Task 6 $80,427 (Draft Master Plan Report) Task 7 $43,993 (Parks Master Plans) Task 8 $20,567 (Boards and Commissions Study) Task 9 $9,201 (Community Master Plan Review) Task 10 $18,263 (Finalize Master Plan) Page 22 of 25 Professional Services Rev. November 11, 2011 Sub-total Basic Services $324,160 Reimbursable Expenses $3,375 Total Basic Services and Reimbursable expenses $327,535 Additional Services (Not to Exceed) $49,130 Maximum Total Compensation $376,665 REIMBURSABLE EXPENSES The administrative, overhead, secretarial time or secretarial overtime, word processing, photocopying, in-house printing, insurance and other ordinary business expenses are included within the scope of payment for services and are not reimbursable expenses. CITY shall reimburse CONSULTANT for the following reimbursable expenses at cost. Expenses for which CONSULTANT shall be reimbursed are: all items necessary to complete the Master Planning project up to $3,375. A. Travel outside the San Francisco Bay area, including transportation and meals, will be reimbursed at actual cost subject to the City of Palo Alto’s policy for reimbursement of travel and meal expenses for City of Palo Alto employees. B. Long distance telephone service charges, cellular phone service charges, facsimile transmission and postage charges are reimbursable at actual cost. All requests for payment of expenses shall be accompanied by appropriate backup information. Any expense anticipated to be more than $3,375 shall be approved in advance by the CITY’s project manager. ADDITIONAL SERVICES The CONSULTANT shall provide additional services only by advanced, written authorization from the CITY. The CONSULTANT, at the CITY’s project manager’s request, shall submit a detailed written proposal including a description of the scope of services, schedule, level of effort, and CONSULTANT’s proposed maximum compensation, including reimbursable expense, for such services based on the rates set forth in Exhibit C-1. The additional services scope, schedule and maximum compensation shall be negotiated and agreed to in writing by the CITY’s Project Manager and CONSULTANT prior to commencement of the services. Payment for additional services is subject to all requirements and restrictions in this Agreement. Work required because the following conditions are not satisfied or are exceeded shall be considered as additional services: Any further work outside the work detailed in the project scope that is required to complete the Master Plan Project. Page 23 of 25 Professional Services Rev. November 11, 2011 EXHIBIT “C-1” HOURLY RATE SCHEDULE Carolyn Verheyn, Consulting Principal $192.80 Lauren Schmitt, Principal-in-Charge $152.18 Principal $175.04 Ryan Mottau, Project Manager $114.16 Ellie Fiore, Deputy Project Manager $114.13 Joyce Vollmer, Strategic Communications Specialist $190.26 Communications and Media Associate $152.21 John Baas, Outdoor Recreation & Trails $175.04 Matthew Gaber, Landscape Architect $152.21 Tim Gilbert, ADA/Access Specialist $159.81 Steve Leathers, GIS Specialist $79.15 Project Associate $79.15 Project Assistant $72.84 Page 24 of 25 Professional Services Rev. November 11, 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 MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITH AM BEST’S KEY RATING OF A-:VII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA. AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AS SPECIFIED, BELOW: REQUIRED TYPE OF COVERAGE REQUIREMENT MINIMUM LIMITS EACH OCCURRENCE AGGREGATE YES YES WORKER’S COMPENSATION EMPLOYER’S LIABILITY STATUTORY STATUTORY YES GENERAL LIABILITY, INCLUDING PERSONAL INJURY, BROAD FORM PROPERTY DAMAGE BLANKET CONTRACTUAL, AND FIRE LEGAL LIABILITY BODILY INJURY PROPERTY DAMAGE BODILY INJURY & PROPERTY DAMAGE COMBINED. $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 YES AUTOMOBILE LIABILITY, INCLUDING ALL OWNED, HIRED, NON-OWNED BODILY INJURY - EACH PERSON - EACH OCCURRENCE PROPERTY DAMAGE BODILY INJURY AND PROPERTY DAMAGE, COMBINED $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 YES PROFESSIONAL LIABILITY, INCLUDING, ERRORS AND OMISSIONS, MALPRACTICE (WHEN APPLICABLE), AND NEGLIGENT PERFORMANCE ALL DAMAGES $1,000,000 YES THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONTRACTOR, AT ITS SOLE COST AND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONTRACTOR AND ITS SUBCONSULTANTS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’ COMPENSATION, EMPLOYER’S LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES. I. INSURANCE COVERAGE MUST INCLUDE: A. A PROVISION FOR A WRITTEN THIRTY (30) DAY ADVANCE NOTICE TO CITY OF CHANGE IN COVERAGE OR OF COVERAGE CANCELLATION; AND B. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONTRACTOR’S AGREEMENT TO INDEMNIFY CITY. C. DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITY’S PRIOR APPROVAL. II. CONTACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE. 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. Page 25 of 25 Professional Services Rev. November 11, 2011 B. CROSS LIABILITY THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY. C. NOTICE OF CANCELLATION 1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER THAN THE NON-PAYMENT OF PREMIUM, THE 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 ATTACHMENT B ID4242 Week 1 2 3 4 5 1 2 3 4 5 1 2 3 4 1 2 3 4 1 2 3 4 5 1 2 3 4 1 2 3 4 1 2 3 4 5 1 2 3 4 1 2 3 4 1 2 3 4 5 1 2 3 4 1 2 3 4 5 1 2 3 4 1 2 3 4 1 2 3 4 5 1 2 3 4 1 2 3 4 1 2 3 4 5 1 2 3 4 1 2 3 4 1 2 3 4 1 Work Plan H H H H H H H H H H H H H H H H H 1.1 Project Initiation Meeting, Request for Information1.2 Work Schedule Updates (assume 6 updates over 20 months)1.3 Update Work Scope1.4 Public Input Plan (including relevant stakeholders/target 1.5 Project Management, Communications and Administration 2 City Policy and Standards Review 2.1 Interdepartmental Staff Workshop 2.2 Information Request and Background Material Collection 2.3 Base Map2.4 Policy and Standards Evaluation2.5 Existing Plan Review2.6 Draft Summary2.7 Staff Review Draft / Meeting #12.8 Final Summary2.9 Project Management, Communications and Administration33.1 Park, Open Space, School, Community Tour and Assessment3.2 Maintenance Review Meeting3.3 Palo Alto Unified School District Review Meeting3.4 Inventory Development3.5 Program Review and Analysis3.6 Develop and Review Mapita Online Survey3.7 Mapita Online Survey 3.8 Geographic Analysis 3.9 Sustainability Review 3.1 Revenue Analysis3.11 Draft Summary 3.12 Staff Review Draft / Meeting #23.13 Final Existing System Analysis Summary3.14 Project Management, Communications and Administration4 Demographic Analysis4.1 Develop demographic projection (25 years)4.2 Apply local and national trends to Palo Alto 4.3 Draft Demographic Summary 4.4 Staff Review Draft / Meeting #34.5 Final Demographic Summary & City Review4.6 Project Management, Communications and Administration5 Gather & Assess Community Needs5.1 Prepare Presentation, Meeting Materials and Staff Report 5.2 Staff Review / Meeting #4 5.3 Parks and Recreation Commission #1 5.4 Park and Recreation Commission Study Session Summary 5.5 Community Workshop Meetings (3) 5.6 Community Workshop Summary (3) 5.7 Stakeholder Focus Group Meetings (2)5.8 Stakeholder Focus Group Summary (2)5.9 Draft Community Survey Questions5.10 City Review Survey Questions5.11 Polling Firm Coordination Meeting5.12 Park and Recreation Commission Ad Hoc Committee Review 5.13 Develop Survey Outreach Materials5.14 City Review Survey Materials5.15 Final Survey and Outreach Materials5.16 Administer Survey and Monitor Results5.17 Post Sampling Quotas 5.18 Survey Analysis5.19 Draft Survey Report5.20 City Review Draft Survey Report / Meeting #45.21 Final Survey Report 5.22 Prepare Presentation, Meeting Materials and Staff Report 5.23 City staff Briefing and Presentation for PRC and Council5.24 Park and Recreation Commission Meeting #25.25 City Council Update Presentation 5.26 Project Management and Administration Jul y 2 0 1 4 De c e m b e r 2 0 1 3 Sep t e m b e r 2 0 1 5 Ap r i l 2 0 1 4 Jul y 2 0 1 5 Au g u s t 201 5 Ma r c h 2 0 1 5 Ap r i l 2 0 1 5 Ma y 2 0 1 5 Jun e 2 0 1 5 Existing Park, Trails, Open Space and Recreation Facilities and Programs Inventory/A Project Schedule Ma y 2 0 1 3 Jun e 2 0 1 4 Jan u a r y 2 0 1 4 Feb r u a r y 2 0 1 4 Ma r c h 2 0 1 4 Au g u s t 201 4 Sep t e m b e r 2 0 1 4 Oc t o b e r 2 0 1 4 No v e m b e r 2 0 1 4 De c e m b e r 2 0 1 4 Feb r u a r y 2 0 1 5 Jan u a r y 2 0 1 5 Palo Alto Parks, Trails, Open Space and Recreation Master Plan l 11/13/2013 ATTACHMENT B ID4242 Jul y 2 0 1 4 De c e m b e r 2 0 1 3 Sep t e m b e r 2 0 1 5 Ap r i l 2 0 1 4 Jul y 2 0 1 5 Au g u s t 201 5 Ma r c h 2 0 1 5 Ap r i l 2 0 1 5 Ma y 2 0 1 5 Jun e 2 0 1 5 Project Schedule Ma y 2 0 1 3 Jun e 2 0 1 4 Jan u a r y 2 0 1 4 Feb r u a r y 2 0 1 4 Ma r c h 2 0 1 4 Au g u s t 201 4 Sep t e m b e r 2 0 1 4 Oc t o b e r 2 0 1 4 No v e m b e r 2 0 1 4 De c e m b e r 2 0 1 4 Feb r u a r y 2 0 1 5 Jan u a r y 2 0 1 5 6 Draft Parks, Trails, Open Space and Recreation Master Plan6.1 Recommended Project List6.2 Prioritization Framework and Process6.3 Project Cost Model6.4 Revenue Generation and Funding Options6.5 Timeline and Phasing Recommendations6.6 Identification of Existing Park Site Expansion Opportunities6.7 Identification of New Park and Open Space Opportunities6.8 Integration of Park System Expansion Opportunities6.9 Outline of Administrative Draft Plan 6.10 City Review of Draft Work Products and Meeting Materials6.11 Staff Project Review Team Meeting #56.12 Revise Draft Products and Materials & city staff review6.13 Community Prioritization Meeting6.14 Stakeholder Prioritization Meeting6.15 PRC Ad Hoc Committee Meeting #16.17 Prepare Staff Report6.18 Park and Recreation Commission Meeting #36.19 PRC Ad Hoc Committee Meeting #26.20 Administrative Draft Plan6.21 City Review Administrative Draft6.22 Staff Project Review Team Meeting #66.23 Public Draft Plan6.24 Project Management, Communications and Administration 7 Park Master Plans 7.1 Develop template and base materials 7.2 Draft Site Plans including written summary (36) 7.3 City Review and Revise Site Plans including written summary (36) 7.4 Citiy Revierw and Final Site Plans including written summary (36) 7.5 Project Management, Communications and Administration8 City Boards and Commissions Study Session8.1 Presentation and Materials Development8.2 Prepare Staff Reports8.3 Parks and Recreation Commission (Study Session)8.4 Planning and Transportation Commission (Study Session)8.5 Prepare Staff Reports8.6 Public Arts Commission (Study Session)8.7 Historical Review Board (Study Session)8.8 Prepare Staff Report8.9 City Council (Study Session)8.10 City review and finalize Summaries (5)8.11 Project Management, Communications and Administration9 Community Master Plan Review Meeting9.1 Design Meeting/Materials9.2 Community Master Plan Review Meeting9.3 City Review and finalize Summary9.4 Project Management, Communications and Administration10 Parks, Trails, Open Space and Recreation Master Plan10.1 Staff Project Review Team Meeting #5 10.2 Revised Draft Plan 10.3 City Review Draft Plan 10.4 Finalize Plan and City Review 10 Prepare Staff Report 10.6 Park and Recreation Commission Presentation Meeting/Approval 10.8 City Council staff report adoption Meeting10.9 Adopted Plan Document 10.10 Project Management, Communications, Administration and Close Palo Alto Parks, Trails, Open Space and Recreation Master Plan l 11/13/2013