HomeMy WebLinkAboutStaff Report 14306
City of Palo Alto (ID # 14306)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 6/6/2022
City of Palo Alto Page 1
Summary Title: Perkins + Will Contract Amendment No. 4
Title: Approval of Amendment No. 4 to Contract Number C18171717 With
Perkins + Will for Preparation of the North Ventura Coordinated Area Plan
(NVCAP) for a Term Through December 31, 2023.
From: City Manager
Lead Department: Planning and Development Services
Recommendation:
Staff recommends that City Council approve and authorize the City Manager or designee to
execute Amendment No. 4 to Contract C18171717 with Perkins + Will to extend the contract
term through December 31, 2023, and to accept new hourly billing rates.
Background:
The City Council initiated the coordinated area plan process on November 6, 2017, for the
North Ventura area. On June 25, 2018, City Council authorized the original contract to be
executed with Perkins + Will for professional services to develop the North Ventura
Coordinated Area Plan (NVCAP). The amount of the contract, including all sub-consultants, was
set at not to exceed of $769,068. Funding for this work was provided through a federal grant
administered by the California Department of Transportation (Caltrans) and supported by
matching funds from the Sobrato Organization, the owner of property located within the
project area.
Since the original contract, there have been several amendments to the Perkins + Will contract.
• Amendment No. 1 in August 2018 incorporated minor changes with language clarifying
the City would require the consultant to comply with federal regulations for consulting
work.
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• Amendment No. 2 in October 20191 included an increase in the “not to exceed’ amount
to $1,137,826 to address items requested by the Council that were not in the original
scope of work and a new expiration of December 31, 2021.
• Amendment No. 3 in January 2022 extended the contract term to June 30, 2022.
On January 10, 20222, the City Council endorsed a preferred alternative plan of the NVCAP,
representing a major milestone for the project. Endorsement of a preferred alternative
completed task four of seven tasks of the project. Shortly after the council meeting, staff re-
engaged Perkins + Will to complete the project per City Council approval. At this time, the
contract is scheduled to expire on June 30, 2022. An amendment is necessary so that work can
continue to complete the project.
Discussion:
There are three major tasks remaining to complete the NVCAP. These tasks include the (1) Draft
Coordinated Area Plan, (2) Technical Analyses and Environmental Impact Report, and (3) any
remaining public or City Council meetings including plan adoption. The Draft Coordinated Area
Plan task includes the civil engineering evaluation of the creek improvement concept and
coordination between the different consultant teams.
The NVCAP must be adopted by December 1, 2023, or the City would forfeit the ability for
reimbursements associated with the grant money and would need to repay Caltrans all funds
reimbursed from the project’s inception ($439,030 to date).
Resource Impact:
This contract amendment includes an extension of time only as there is sufficient authority in
the current not to exceed contract amount of $1.1 million to complete these tasks. It does
include changes in the hourly rates stipulated in the contract, reflecting an average increase of
45% from the prior terms. These rates were set in 2018 and reflect an average increase of 10%
annually. The reason for the increases is due to promotions for personnel (e.g. from Associate
Principal to Principal) as well as cost of living and inflation changes between 2018 and 2022.
The Fiscal Year 2023 Proposed Operating Budget includes $125,000 in one-time funding from
the General Fund to continue work on NVCAP. This funding is subject to City Council adoption
of the FY 2023 Budget, scheduled June 20, 2022. As the project continues, staff will monitor
progress for the remaining three tasks and will return to City Council with any necessary actions
1 October 21, 2019, City Council Staff Report
https://www.cityofpaloalto.org/civicax/filebank/blobdload.aspx?t=59815.38&BlobID=73638
2 January 10, 2022, City Council Staff Report
https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/agendas-minutes/city-council-
agendas-minutes/2022/20220110/20220110pccsm-linked-updated.pdf#page=150
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such as a contract amendment or budget action for additional funding. In total thus far,
$516,081 has been spent, $439,030 from grant funding and $77,051 from the General Fund.
Environmental Impact:
The approval of this contract is exempt from review under the California Environmental Quality
Act (CEQA) under CEQA Guidelines section 15061(c)(3) because it can be seen that there is no
possibility that the activity in question may have a significant effect on the environment.
Attachments:
Attachment A - Perkins + Will Contract, C18171717 Amendment #4 (PDF)
Vers.: Aug. 5, 2019
Page 1 of 4
AMENDMENT NO. 4 TO CONTRACT NO. C18171717
BETWEEN THE CITY OF PALO ALTO AND PERKINS + WILL
This Amendment No. 4 (this “Amendment”) to Contract No. C18171717 (the “Contract” as
defined below) is entered into as of June 6, 2022, by and between the CITY OF PALO ALTO, a
California chartered municipal corporation (“CITY”), and PERKINS + WILL, a Delaware corporation,
located at 2 Bryant Street, Suite 300, San Francisco, CA 94105 (“CONSULTANT”). CITY and
CONSULTANT are referred to collectively as the “Parties” in this Amendment.
R E C I T A L S
A. The Contract (as defined below) was entered into by and between the Parties hereto
for the provision of services to facilitate and complete a planning process and prepare a
Coordinated Area Plan for the North Ventura area to guide the development of a walkable, mixed-
use neighborhood with multifamily housing, commercial services, well-defined connections to
transit, bicycle and pedestrian facilities, urban design strategies, and design guidelines to
strengthen and support the neighborhood fabric and connections to transit, pedestrian, and bicycle
facilities (“Project”), as detailed therein.
B. Section 27.4 of the Contract authorizes the Parties to modify the Contract by
written amendment.
C. The Parties now wish to amend the Contract in order to extend the term from June
30, 2022 to December 31, 2023 and to update the hourly rates schedule in Exhibit C-2.
NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of
this Amendment, the Parties agree:
SECTION 1. Definitions. The following definitions shall apply to this Amendment:
a. Contract. The term “Contract” shall mean Contract No. C18171717
between CONSULTANT and CITY, dated June 25, 2018, as amended by:
Amendment No.1, dated December 19, 2018
Amendment No.2, dated October 21, 2019
Amendment No.3, dated January 1, 2022
b. Other Terms. Capitalized terms used and not defined in this Amendment
shall have the meanings assigned to such terms in the Contract.
SECTION 2. Section 2. TERM of the Contract is hereby amended to read as follows:
“SECTION 2. TERM. The term of this Agreement shall be from the date of its full execution
through December 31, 2023, unless terminated earlier pursuant to Section 19 of this Agreement.”
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Vers.: Aug. 5, 2019
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SECTION 3. The following exhibit(s) to the Contract is/are hereby amended or added, as
indicated below, to read as set forth in the attachment(s) to this Amendment, which is/are hereby
incorporated in full into this Amendment and into the Contract by this reference:
a. Exhibit “C-2” entitled “SCHEDULE OF RATES”, ADDED.
SECTION 4. Legal Effect. Except as modified by this Amendment, all other provisions of the
Contract, including any exhibits thereto, shall remain in full force and effect.
SECTION 5. Incorporation of Recitals. The recitals set forth above are terms of this
Amendment and are fully incorporated herein by this reference.
(SIGNATURE BLOCK FOLLOWS ON THE NEXT PAGE.)
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SIGNATURES OF THE PARTIES
IN WITNESS WHEREOF, the Parties have by their duly authorized representatives executed
this Amendment effective as of the date first above written.
CITY OF PALO ALTO
City Manager
APPROVED AS TO FORM:
City Attorney or designee
PERKIN + WILL
Officer 1
By:
Name:
Title:
Attachments:
Exhibit “C-2”: Schedule of Rates
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Geeti Silwal
Principal
Vers.: Aug. 5, 2019
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EXHIBIT “C-2”
SCHEDULE OF RATES
ADDED
The following rate schedule is an update to the previous Exhibit C-1 Schedule of Rates. For
those listed below, the updated rates will be used for services beginning July 1, 2022 through
December 31, 2023. All other rates not listed will be used at the C-1 Schedule of Rates.
Perkins + Will Billing Rate Schedule
Principal $360.00
Senior Project Manager $295.00
Senior Designer $270.00
Urban Designer 3 $230.00
Urban Design 2 $150.00
Strategic Economics Billing Rate Schedule
Principal $195.61
Senior Associate $135.86
Associate $123.11
Analyst $110.36
BKF Billing Rate Schedule
Vice President $264.00
Project Manager $230.00
Engineer 3 $192.00
Engineer 2 $169.00
Engineer 1 $147.00
ARUP Billing Rate Schedule
Principal $429.59
Project Manager $227.42
Associate $235.85
Engineer $151.11
Planner $131.40
Engineer $153.13
David J. Powers and Associates Billing Rate Schedule
Principal $295.00
Senior Project Manager $230.00
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