HomeMy WebLinkAboutStaff Report 2410-3623CITY OF PALO ALTO
CITY COUNCIL
Special Meeting
Monday, December 02, 2024
Council Chambers & Hybrid
5:30 PM
Agenda Item
10.Approval of Amendment No. 1 to Contract No. C22182372 with CSW/Stuber-Stroeh
Engineering Group Inc. in the Amount of $25,000 for a total not to exceed amount of
$189,852 and Extend the Contract Term for the University Avenue Streetscape Update
Project (PE-21004); CEQA status – Not a Project
City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Public Works
Meeting Date: December 2, 2024
Report #:2410-3623
TITLE
Approval of Amendment No. 1 to Contract No. C22182372 with CSW/Stuber-Stroeh Engineering
Group Inc. in the Amount of $25,000 for a total not to exceed amount of $189,852 and Extend
the Contract Term for the University Avenue Streetscape Update Project (PE-21004); CEQA
status – Not a Project
RECOMMENDATION
Staff recommends that Council approve and authorize the City Manager or their designee to
execute Amendment No. 1 to Contract No. C22182372 with CSW/Stuber-Stroeh Engineering
Group Inc. for Additional Outreach and Concepts Design Refinements in an amount not-to-
exceed $25,000 and extend the term of the contract through December 31, 2027. This
amendment results in a revised total contract not-to-exceed amount of $189,852.
BACKGROUND
University Avenue is a two-travel lane street that provides access from Highway 101
through the downtown area and continues to Stanford University. Covid-19 had significant
economic implications on downtown environments throughout the country, including
University Avenue. To support local businesses and community, the City closed portions of
University Avenue to vehicular traffic in spring 2020 through the “Uplift Local” program,
enabling outdoor dining and enhancing retail experiences. The street was re-opened to
vehicular traffic in fall 2021. On March 1, 2021, Council approved the University Avenue
Streetscape Update project (PE-21004)1 as part of the workplan for Community and
Economic Recovery2, allocating $150,000 for this purpose.
On September 13, 2021, Council directed staff to proceed with the University Avenue
1 City Council, March 1, 2021; Agenda Item # 8; SR #11872
https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=81428
2 City Council, January 19, 2021; Agenda Item # 4; SR #11877
https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=81429
Streetscape Design Formal Request for Proposals3 and on February 28, 2022, Council approved
a contract4 with CSW/Stuber-Stroeh Engineering (CSWST2) for design and construction
administration services for the University Avenue Streetscape project. This project uses a
phased approach with Phase 1 focusing on site analysis, preliminary environmental studies,
and public outreach to develop a community preferred concept plan, cost estimates, and
funding and assessment planning. At the time of contract award to CSWST2, Council approved
funding for Phase 1 services only. Future phases including Phase 2: Preliminary Design and
Environmental Assessment; Phase 3: Final Design, Construction Documents, and Bid Support;
and Phase 4: Construction Administration Services, would be authorized through a contract
amendment upon Council approval of a preferred concept plan.
On December 18, 20235, staff presented a feasibility report to Council concluding Phase 1
services with three primary streetscape options and a preferred streetscape concept plan based
upon community and stakeholder outreach to that point. Council did not approve any of the
options and directed staff to return to Council with the following items:
1.Draft additional alternatives that would include one option with the current parklet plan
and that sidewalks should be variable or outdoor dining space comparable to the
current parklet plan.
2.Consider moving bikes to Hamilton and Lytton and/or shrinking the travel lane.
3.Alternatives should cover a range of costs.
4.Direct staff to present options to the Retail Ad Hoc Committee and come back to Council
with interim measures that we can do cheap and quickly that will show progress in that
area.
ANALYSIS
Per Council direction in December 2023, staff conducted additional outreach meetings and
refined the preliminary design concepts. Additional outreach included three Retail Committee
meetings in March, April, and August of 2024; a Council update meeting6 on June 3, 2024; a
Stakeholder Working Group meeting in September 2024; a community online survey; and
several City staff meetings. Staff is planning additional meetings with the Retail Committee,
Stakeholder Working Group, and Council in coming months. The consultant’s team prepared
3 City Council, September 13, 2021; Agenda Item # 8; SR #13540
https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=81601
4 City Council, February 28, 2022; Agenda Item # 10; SR #13609
https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=81689
5 City Council, December 18, 2023; Agenda Item # 21; SR #2310-2189
https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=82601
6 City Council, June 3, 2024; Agenda Item # 16; SR # 2404-2904
https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=82865
additional concepts graphics and design, engineering analysis, outreach material, community
on-line survey, and cost estimates as well as participated in these meetings.
FISCAL/RESOURCE IMPACT
STAKEHOLDER ENGAGEMENT
•March 20, 2024, Retail Committee: Project goals and vision, design direction and
themes, stakeholder engagement strategy, and potential near-term improvements.
•April 17, 2024, Retail Committee: Additional details on near-term improvements.
•June 3, 2024, City Council: Long-term vision, goals, design themes, and stakeholder
engagement strategy.
•August 21, 2024, Retail Committee: Downtown district planned short-term and long-
term improvements, and stakeholder engagement strategy update.
•September 10, 2024, Stakeholder Working Group: Project goals and vision, design
concepts and elements, project improvements limit.
ENVIRONMENTAL REVIEW
under the Phase 1 scope of services. Once the Council identifies a preferred concept plan,
CSWST2 will begin an environmental assessment under CEQA and will complete the analysis
before project approval.
ATTACHMENTS
APPROVED BY:
Vers.: Aug. 5, 2019
Page 1 of 8
AMENDMENT NO. 1 TO CONTRACT NO. C22182372
BETWEEN THE CITY OF PALO ALTO AND
CSWST2
This Amendment No. 1 (this “Amendment”) to Contract No. C22182372 (the “Contract” as defined
below) is entered into as of November 18, 2024, by and between the CITY OF PALO ALTO, a
California chartered municipal corporation (“CITY”), and CSWST2, a California corporation , located
at 504 Redwood Boulevard Suite 310 Novato, CA 4947 (“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 repurposing University Avenue to facilitate people-centric activities and
community programming and developing a preferred concept through a community outreach
process for the University Avenue Streetscape project (PE-21004), as detailed therein.
B. The P arties now wish to amend the Contract in order to (1) revise the Scope of
Services to include additional community and stakeholder outreach and refinement of concept
plans for the University Avenue Streetscape project (PE-21004); (2) increase compensation by
Twenty-Five Thousand Dollars ($25,000), from One Hundred Sixty-Four Thousand Eight Hundred
Fifty-Two Dollars ($164,852) to a new not to exceed total compensation of One Hundred Eighty-
Nine Thousand Eight Hundred Fifty-Two Dollars ($189,852); and (3) extend the contract term by
three years to December 31, 2027, as detailed herein.
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. C22182372
between CONSULTANT and CITY, dated February 28, 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:
“The term of this Agreement shall be from the date of its full execution through December 31, 2027
unless terminated earlier pursuant to Section 19 (Termination) of this Agreement.”
SECTION 3. Section 4. “NOT TO EXCEED COMPENSATION” of the Contract is hereby
amended to read as follows:
Docusign Envelope ID: 0098215F-CCE0-499F-8282-185D4480A0FB
Vers.: Aug. 5, 2019
Page 2 of 8
“The compensation to be paid to CONSULTANT for performance of the Services shall be based on
the compensation structure detailed in Exhibit C, entitled “COMPENSATION,” including any
reimbursable expenses specified therein, and the maximum total compensation shall not exceed
One Hundred Seventy-Four Thousand Eight Hundred Sixty-Six Dollars ($174,866). The hourly
schedule of rates, if applicable, is set out in Exhibit C-1, entitled “SCHEDULE OF RATES.” Any work
performed or expenses incurred for which payment would result in a total exceeding the maximum
compensation set forth in this Section 4 shall be at no cost to the CITY.
Optional Additional Services Provision (This provision applies only if checked and a not-
to-exceed compensation amount for Additional Services is allocated below under this
Section 4.)
In addition to the not-to-exceed compensation specified above, CITY has set aside the not-
to-exceed compensation amount of Fourteen Thousand Nine Hundred Eighty-Six Dollars
($14,986) for the performance of Additional Services (as defined below). The total
compensation for performance of the Services, Additional Services and any reimbursable
expenses specified in Exhibit C, shall not exceed One Hundred Eighty-Nine Thousand Eight
Hundred Fifty-Two Dollars ($189,852), as detailed in Exhibit C.
“Additional Services” means any work that is determined by CITY to be necessary for the
proper completion of the Project, but which is not included within the Scope of Services
described at Exhibit A. CITY may elect to, but is not required to, authorize Additional
Services up to the maximum amount of compensation set forth for Additional Services in
this Section 4. CONSULTANT shall provide Additional Services only by advanced, written
authorization from CITY as detailed in this Section. Additional Services, if any, shall be
authorized by CITY with a Task Order assigned and authorized by CITY’s Project Manager, as
identified in Section 13 (Project Management). Each Task Order shall be in substantially the
same form as Exhibit A-1, entitled “PROFESSIONAL SERVICES TASK ORDER”. Each Task Order
shall contain a specific scope of services, schedule of performance and maximum
compensation amount, in accordance with the provisions of this Agreement. Compensation
for Additional Services shall be specified by CITY in the Task Order, based on whichever is
lowest: the compensation structure set forth in Exhibit C, the hourly rates set forth in
Exhibit C-1, or a negotiated lump sum.
To accept a Task Order, CONSULTANT shall sign the Task Order and return it to CITY’s
Project Manager within the time specified by the Project Manager, and upon authorization
by CITY (defined as counter-signature by the CITY Project Manager), the fully executed Task
Order shall become part of this Agreement. The cumulative total compensation to
CONSULTANT for all Task Orders authorized under this Agreement shall not exceed the
amount of compensation set forth for Additional Services in this Section 4. CONSULTANT
shall only be compensated for Additional Services performed under an authorized Task
Order and only up to the maximum amount of compensation set forth for Additional
Docusign Envelope ID: 0098215F-CCE0-499F-8282-185D4480A0FB
Vers.: Aug. 5, 2019
Page 3 of 8
Services in this Section 4. Performance of and payment for any Additional Services are
subject to all requirements and restrictions in this Agreement.”
SECTION 4. 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 “A” entitled “SCOPE OF SERVICES, AMENDMENT NO. 1”, ADDED.
b. Exhibit “B” entitled “SCHEDULE OF PERFORMANCE, AMENDMENT NO. 1”,
AMENDED, REPLACES PREVIOUS.
c. Exhibit “C” entitled “COMPENSATION, AMENDMENT NO. 1”, AMENDED,
REPLACES PREVIOUS.
SECTION 5. 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 6. 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.)
Docusign Envelope ID: 0098215F-CCE0-499F-8282-185D4480A0FB
Vers.: Aug. 5, 2019
Page 4 of 8
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
CSWST2
Officer 1
By:___________________________
Name: Robert Stevens____________
Title: President and Chief Executive
Officer_______________________
Officer 2
By:____________________________
Name: Linda Schmid_____________
Title: Chief Financial and Operating__
Attachments:
Exhibit “A” entitled “SCOPE OF SERVICES, AMENDMENT NO. 1”, ADDED.
Exhibit “B” entitled “SCHEDULE OF PERFORMANCE, AMENDMENT NO. 1”, AMENDED, REPLACES
PREVIOUS.
Exhibit “C” entitled “COMPENSATION, AMENDMENT NO. 1”, AMENDED, REPLACES PREVIOUS.
Docusign Envelope ID: 0098215F-CCE0-499F-8282-185D4480A0FB
Vers.: Aug. 5, 2019
Page 5 of 8
EXHIBIT A
SCOPE OF SERVICES, AMENDMENT NO. 1
(ADDED)
CONSULTANT’s duties and services under this agreement shall not include preparing or
assisting City with any portion of City’s preparation of a request for proposals, request
for qualifications, or any other solicitation regarding a subsequent or additional
contract with City. City shall at all times retain responsibility for public contracting,
including with respect to any subsequent phase of this project. CONSULTANT’s
participation in the planning, discussions, or drawing of project plans or specifications
shall be limited to conceptual, preliminary, or initial plans or specifications.
CONSULTANT shall cooperate with City to ensure that all bidders for a subsequent
contract on any subsequent phase of this project have access to the same information,
including all conceptual, preliminary, or initial plans or specifications prepared by
CONSULTANT pursuant to this agreement.
The CONSULTANT completed the scope of work authorized under Phase 1 of the current contract
and presented Council a preferred concept for University Avenue Streetscape project in December
2023. Council did not approve the proposed plan and directed staff for further refinements and
additional outreach as summarized below.
1. Draft additional alternatives that would include one option with the current parklet plan
and that sidewalks should be variable or outdoor dining space comparable to the current
parklet plan.
2. Consider moving bikes to Hamilton and Lytton and or shrinking the travel lane.
3. Present options to the Retail Ad Hoc Committee and come back to Council with interim
measures
4. Develop alternatives covering a range of costs.
This included Retail Committee meetings, stakeholder group meetings, one Council update meeting
in June 2024, and another Council meeting in December 2024 and preparation of additional
outreach material, engineering analysis, concept graphics design, and cost estimates. This
additional outreach was not envisioned in the current contract. To incorporate Council directed
items, the following additional specific tasks were required:
1. Prepare additional presentations and attend meetings related to outreach with
stakeholders, Retail Committee, City staff, and City Council.
2. Prepare a detailed plan for one block of the project area to support the cost analysis.
3. Coordinate with the utilities division to establish a basis for improvements needed within
the streetscape.
4. Develop a concept plan for the streetscape that reflects the revised plan for University
Avenue’s sidewalks, striping, and parking.
5. Prepare an exhibit illustrating how the University Avenue streetscape coordinates with
future bicycle planning as well as loading zones and temporary parking.
Docusign Envelope ID: 0098215F-CCE0-499F-8282-185D4480A0FB
Vers.: Aug. 5, 2019
Page 6 of 8
EXHIBIT B
SCHEDULE OF PERFORMANCE, AMENDMENT NO. 1
(AMENDED, REPLACES PREVIOUS)
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 (“NTP”) from the CITY.
Milestone Completion
Number of Days/ Weeks (as specific
below)
Goals and Objectives 45 working days
Completion of Data Collection 110 working days
Concept Alternatives 170 working days
Costs, Funding, and Assessment Planning 200 working days
Refined Alternatives 240 working days
Final Presentation to City Council 270 working days
Number of Days/ Weeks (as specific
below)
Additional Outreach and Concept Refinement 120 working days
Optional Schedule of Performance Provision for On-Call or Additional Services Agreements.
(This provision only applies if checked and only applies to on-call agreements per Section 1 or
agreements with Additional Services per Section 4.)
The schedule of performance shall be as provided in the approved Task Order, as detailed in
Section 1 (Scope of Services) in the case of on-call Services, or as detailed in Section 4 in the case of
Additional Services, provided in all cases that the schedule of performance shall fall within the term
as provided in Section 2 (Term) of this Agreement.
Docusign Envelope ID: 0098215F-CCE0-499F-8282-185D4480A0FB
Vers.: Aug. 5, 2019
Page 7 of 8
EXHIBIT C
COMPENSATION, AMENDMENT NO. 1
(AMENDED, REPLACES PREVIOUS)
CITY agrees to compensate CONSULTANT for 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 rate schedule attached as Exhibit C-1 up to the not to exceed budget
amount for each task set forth below.
CITY’s Project Manager may approve in writing the transfer of budget amounts between any of the
tasks or categories listed below, provided that the total compensation for the Services, including
any specified reimbursable expenses, and the total compensation for Additional Services (if any,
per Section 4 of the Agreement) do not exceed the amounts set forth in Section 4 of this
Agreement.
CONSULTANT agrees to complete all Services, any specified reimbursable expenses, and Additional
Services (if any, per Section 4), within this/these amount(s). Any work performed or expenses
incurred for which payment would result in a total exceeding the maximum amount of
compensation set forth in this Agreement shall be at no cost to the CITY.
BUDGET SCHEDULE NOT TO EXCEED AMOUNT
Total for Services and Reimbursable Expenses $174,866
Maximum Total Compensation
REIMBURSABLE EXPENSES
CONSULTANT’S ordinary business expenses, such as administrative, overhead, administrative
support time/overtime, information systems, software and hardware, photocopying,
telecommunications (telephone, internet), in-house printing, insurance and other ordinary business
Docusign Envelope ID: 0098215F-CCE0-499F-8282-185D4480A0FB
Vers.: Aug. 5, 2019
Page 8 of 8
expenses, are included within the scope of payment for Services and are not reimbursable
expenses hereunder.
Reimbursable expenses, if any are specified as reimbursable under this section, will be reimbursed
at actual cost. The expenses (by type, e.g. travel) for which CONSULTANT will be reimbursed are
Travel and Printing up to the not-to-exceed amount of $2,060.00.
Travel outside the San Francisco Bay Area, including transportation and meals, if specified as
reimbursable, will be reimbursed at actual cost subject to the City of Palo Alto’s policy for
reimbursement of travel and meal expenses.
All requests for reimbursement of expenses, if any are specified as reimbursable under this section,
shall be accompanied by appropriate backup documentation and information.
Docusign Envelope ID: 0098215F-CCE0-499F-8282-185D4480A0FB