HomeMy WebLinkAboutStaff Report 2410-3668CITY OF PALO ALTO
CITY COUNCIL
Special Meeting
Monday, December 16, 2024
Council Chambers & Hybrid
5:30 PM
Agenda Item
15.Approval of Professional Services Contract Number C25192045 with Urban Planning
Partners, Inc., in the Amount Not to Exceed of $165,573 for Phase I of the Car Free
Ramona Street Project for a Period of One Year, Direct Staff to Return with an
Amendment to Approve Phase II; Approval of a Budget Amendment in the General
Fund; and Adopt a Resolution Continuing the Closure of a Portion of Ramona St. through
2025; CEQA Status – categorically exempt.
City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: City Manager
Meeting Date: December 16, 2024
Report #:2410-3668
TITLE
Approval of Professional Services Contract Number C25192045 with Urban Planning Partners,
Inc., in the Amount Not to Exceed of $165,573 for Phase I of the Car Free Ramona Street Project
for a Period of One Year, Direct Staff to Return with an Amendment to Approve Phase II;
Approval of a Budget Amendment in the General Fund; and Adopt a Resolution Continuing the
Closure of a Portion of Ramona St. through 2025; CEQA Status – categorically exempt.
RECOMMENDATION
Staff recommends that the City Council:
1. Approve and authorize the City Manager or their designee to execute Contract No.
C25192045 (Attachment A), with Urban Planning Partners, Inc. (UPP), for Phase I of the
Car Free Ramona Street project for a term of one year, and a total Not to Exceed
Amount of $165,573, including $163,148 for basic services and $2,425 for additional
services; and
2. Direct staff to return with a contract amendment to approve Phase II with UPP, with a
Not to Exceed Amount of $233,763, to support additional stakeholder outreach and
street design for long-term street improvements, for a total Not to Exceed amount of
$399,336, and required budget appropriation action for Council consideration in 2025,
and
3. Amend the Fiscal Year 2025 Budget Appropriation for the General Fund (2/3 vote
needed) by:
a. Increasing funding in Non-Departmental for the Car Free Ramona Street Project
Phase I by $165,573, and
b. Decreasing the Budget Stabilization Reserve by $165,573; and
4. Adopt the attached resolution to continue the closure of the half-block of Ramona
Street through 2025.
EXECUTIVE SUMMARY
A portion of Ramona Street between University and Hamilton Avenues, in Downtown Palo Alto,
has been car-free since 2020. The City Council has directed staff to follow necessary steps to
make this closure permanent and to develop outdoor dining standards and guidelines to create
a unique visitor experience with enhanced street amenities, signage, and art.
The scope of work for the project is divided into two Phases. Phase I includes focused
stakeholder engagement on development of outdoor dining standards for a car free street,
including guidance on enclosures, size, and aesthetic features for parklets and other outdoor
dining. This Phase also includes a street design for near-term improvements including bollards
to replace barriers, planters, street amenities, landscaping, and signage.
Implementation of Phase 1 improvements will include replacement of the temporary barriers,
modifications to vehicle pavement markings to restrict vehicular traffic while permitting
emergency access, upgrades to street furniture and equipment, and new wayfinding signage.
Phase II includes a street design for long-term improvements including signage and gateway
elements reflecting the historical significance of the street, decorative paving, new lighting and
street amenities, enhanced landscaping, and public art, as well as broader stakeholder
engagement with relevant Boards, Commissions, and Committees, downtown stakeholders,
and the Palo Alto community at large.
Although scoping and costs for both Phases I and II have been developed, staff is only
recommending contract award and associated budget amount for Phase I at this time. Upon
completion of Phase I, staff will bring back recommendations related to Phase II, including a
contract amendment for the consultant. The Not to Exceed contract amount for Phase I is
$165,573.
Lastly, the attached resolution will continue to authorize the City Manager to close the half-
block of Ramona between Hamilton and University to vehicular traffic through 2025. This will
allow continuity while the general plan amendment and CEQA review necessary to close the
street permanently are completed (anticipated for Spring 2025).
BACKGROUND
Ramona Street between University and Hamilton Avenues, in Downtown Palo Alto, has been
identified as architecturally significant in the local historic and architectural survey and has
been adopted by the City as a landmark district.
A portion of this street has been closed off to vehicular traffic since 2020 and is now referred to
as Car Free Ramona Street. The City Council has directed staff to take the necessary steps to
make this closure permanent and staff is working separately with a consultant to bring forward
a General Plan amendment to make this portion of Ramona a permanent car-free street.
Additionally, the City Council has also directed staff to develop outdoor dining standards and
guidelines to create a unique visitor experience with enhanced street amenities, signage, and
art.
Currently, restaurants on the car-free portion of Ramona Street offer outdoor dining either in
parklets or on sidewalks and streets. The parklets and outdoor dining on this street are still
governed by the temporary parklet program and were excluded from the ongoing parklets
regulations adopted in June 2024, in recognition of the car-free nature of this street.
ANALYSIS
Scope of Work
The scope of work for the car-free Ramona Street project will be performed in two phases, with
Phase I focused on outdoor dining standards and street design for near-term improvements
and Phase II focused on street design for longer-term improvements.
Phase I includes focused stakeholder engagement, development of outdoor dining standards,
an evaluation of the historical context, and a street design plan and signage for near-term
improvements. Outdoor dining standards will be specific to a car free street and include
guidance on enclosures, size, and aesthetic features for parklets and other outdoor dining.
Phase 1 will be closely coordinated with the annual Public Works street re-surfacing project.
This coordination will ensure street re-surfacing and minor sidewalk repairs are completed
before the businesses re-build parklets and outdoor dining areas to comply with the new
standards.
Construction drawings for street design, including bollards, planters, limited street amenities,
landscaping, and signage are included in the scope of work for Phase 1. Implementation of
Phase 1 improvements will include replacement of the temporary barriers, modifications to
vehicle pavement markings to restrict vehicular traffic while permitting emergency access,
upgrades to street furniture and equipment, and new wayfinding signage. Funding for the
physical infrastructure of this work will need to be identified and appropriated as part of the
annual budget process.
The scope of work for Phase II includes broader stakeholder engagement with relevant Boards,
Commissions, and Committees, downtown stakeholders, and the Palo Alto community at large.
It also includes a street design for long-term improvements, including signage reflecting the
historical significance of the street, decorative paving, new lighting and street amenities,
enhanced landscaping, and public art.
Staff is currently recommending approval of the contract for Phase I only. Upon completion of
Phase I, staff will bring forward options for Council discussion, including connecting the project
scope to historic Centennial Alley and to the University Avenue streetscape project. Based on
these discussions, a contract amendment for Phase II shall be brought forward for Council
consideration. Funding for the implementation of Phase II will also need to be discussed as part
of the discussions with the City Council about the scope of Phase II work. Funding could be
appropriated through Council action with approval of the Phase II contract or through the
annual budget process and could incorporate additional funding mechanisms such as grants
and/or assessment districts.
Estimated Timeline for Phase I
Table # 1
Stakeholder
Outreach
Outdoor Dining
Standards
Street and Signage Design Construction
Winter 2024-
Spring 2025
Complete by Spring
2025
Complete by Summer 2025 Summer 2025: Street re-surfacing
and minor sidewalk repairs.
Summer 2025-Winter 2025:
Installation of bollards, planters,
signage, limited improvements to
landscaping and street amenities.
Consultant Selection
Since several projects related to downtown streetscape and outdoor dining standards are
underway, it was deemed in the City’s best interests to select from one of the firms already
familiar with the City’s stakeholders and Council and community priorities related to the
proposed project. This would allow both efficiency and continuity and enable the project to
progress quickly.
On July 18, 2024, the City sent a request for proposals to the three firms currently working on
projects closely related to the Car Free Ramona Street project. The three firms included Urban
Field Studio, CSW/ST2, and Urban Planning Partners, Inc. (UPP). Urban Field Studio is working
on street design and outdoor dining standards for a car-free California Avenue, CSW/ST2 is
working on the University Avenue Streetscape Design, and UPP is working on the ongoing
parklet standards, designs, and program implementation.
On August 13, 2024, the City received proposals from two firms, CSW/ST2 and UPP. The
CSW/ST2 team included the firms of Gates and Associates and Fehr & Peers as sub-consultants
on their proposal. The UPP team included the firms of PGA design and BKF Engineers as sub-
consultants on their proposal.
An evaluation panel comprised of staff from the City Manager’s Office, Office of Transportation,
and Public Works reviewed the proposals and evaluated the two firms based on the following
criteria:
a. Quality of the proposal
b. Quality, performance and effectiveness of the solution, goods and/or services
c. Consultant experience
d. Cost
e. Consultant’s ability to perform the contract
f. Consultant’s prior record of performance with the City.
UPP was selected as the top ranked consultant for the project because of their experience, their
proposed approach, the team’s ability to perform the work within the desired timeline, and
their prior performance with the City. A Notice of Intent to Award was sent on August 30 and
no protests were received.
It was anticipated that the informal proposals would be under $85,000 but due to the extensive
stakeholder engagement requested, lack of existing topographic surveys, and the fact that the
project requires specialized historical research and branding, both proposals came in at much
higher costs. An exemption to formal competitive solicitation pursuant to Palo Alto Municipal
Code section 2.30.360(b)(2) was approved by the City Manager.
FISCAL/RESOURCE IMPACT
The total not to exceed amount of the consultant contract for Phase I is $165,573. The cost for
Phase I is $165,573 and the cost for Phase II is $233,763. In the FY 2025 budget, $50,000 was
appropriated for the car free Ramona Street project, however, this money is being used to
complete the CEQA analysis for making the street permanently car free. A budget amendment
to increase the FY 2025 appropriation for this project in the amount of $165,573 is thereby
required to complete this work. Approval of this action would decrease the Budget Stabilization
Reserve (BSR) to approximately $54.3 million or 18.4% of the FY 2025 Adopted budget. This
amount is based on FY 2025 budget adjustment actions detailed in the 2026-2035 Long Range
Financial Forecast (Report 2405-30681) that was presented to the Finance Committee on
December 3, 2024.
STAKEHOLDER ENGAGEMENT
In Phase I, the consultant will conduct focus group and community meetings, prepare
information for a dedicated project webpage, and present at the Retail Committee and City
Council meetings. Stakeholder engagement will be focused on outdoor dining standards and
near-term street improvements. If the City proceeds with Phase II, the consultant will present
to relevant Boards, Commissions, and Committees, and engage downtown stakeholders and
the larger Palo Alto community to solicit input on long-term streetscape improvements during
that Phase.
1 December 3, 2024 Finance Committee Meeting:
https://cityofpaloalto.primegov.com/Portal/Meeting?meetingTemplateId=14543
ENVIRONMENTAL REVIEW
The recommended actions are exempt from review under the California Environmental Quality
Act (CEQA) pursuant to CEQA Guidelines Section 15301 (existing facilities); 15304 (minor
temporary use of land); and 15262 (planning study).
ATTACHMENTS
Attachment A: City of Palo Alto Contract No. C25192045
Attachment B: Resolution Extending City Manager’s Authority to Temporary Close a Portion of
Ramona Street through 2025
APPROVED BY:
Ed Shikada, City Manager
Professional Services Rev. Jan 29, 2024 Page 1 of 30
CITY OF PALO ALTO CONTRACT NO. C25192045 AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF PALO ALTO AND URBAN PLANNING PARTNERS, INC. This Agreement for Professional Services (this “Agreement”) is entered into as of the 16th day of December, 2024 (the “Effective Date”), by and between the CITY OF PALO ALTO, a California
chartered municipal corporation (“CITY”), and URBAN PLANNING PARTNERS, INC., a
California Corporation, located at 388 17th Street Suite 230, Oakland CA 94612 (“CONSULTANT”). The following recitals are a substantive portion of this Agreement and are fully incorporated herein
by this reference: RECITALS A. CITY intends to develop clear outdoor dining standards and street design for the car-free portion of Ramona Street (the “Project”) and desires to engage a consultant to develop outdoor
dining standards, a street design, and wayfinding signage in connection with the Project (the
“Services”, as detailed more fully in Exhibit A). B. CONSULTANT represents that it, its employees and subconsultants, if any, possess 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, entitled “SCOPE OF SERVICES”.
NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, in this
Agreement, the parties agree as follows: 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 December 31, 2025
unless terminated earlier pursuant to Section 19 (Termination) 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, entitled “SCHEDULE OF PERFORMANCE”. 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
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timely manner based upon the circumstances and direction communicated to the CONSULTANT. CITY’s agreement to extend the term or the schedule for performance shall not preclude recovery of damages for delay if the extension is required due to the fault of CONSULTANT.
SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to
CONSULTANT for performance of the Services 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 Sixty-Three Thousand One Hundred Forty-Eight Dollars ($163,148). 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 Two Thousand Four Hundred Twenty-Five Dollars
($2,425) 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 Sixty-Five Thousand Five Hundred and Seventy-Three Dollars ($165,573), 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
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Additional Services in this Section 4. Performance of and payment for any Additional Services are subject to all requirements and restrictions in this Agreement. 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, if
applicable, an identification of personnel who performed the Services, hours worked, hourly rates, and reimbursable expenses), based upon Exhibit C or, as applicable, CONSULTANT’s schedule of 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 invoices shall be subject to
verification by CITY. CONSULTANT shall send all invoices to CITY’s Project Manager at the
address specified in Section 13 (Project Management) below. CITY will generally process and pay invoices within thirty (30) days of receipt of an acceptable invoice. SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All Services shall be performed
by CONSULTANT or under CONSULTANT’s supervision. CONSULTANT represents that it,
its employees and subcontractors, if any, possess 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 subcontractors, if any, 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 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, as amended from time to time. CONSULTANT shall
procure all permits and licenses, pay all charges and fees, and give all notices required by law in
the performance of the Services. SECTION 8. ERRORS/OMISSIONS. CONSULTANT is solely responsible for costs, including, but not limited to, increases in the cost of Services, arising from or caused by
CONSULTANT’s errors and omissions, including, but not limited to, the costs of corrections such
errors and omissions, any change order markup costs, or costs arising from delay caused by the errors and omissions or unreasonable delay in correcting the errors and omissions. 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 the CITY’s stated construction budget by ten percent (10%) or more, CONSULTANT shall make recommendations to 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. CONSULTANT acknowledges and agrees that CONSULTANT and any agent or employee of CONSULTANT will act as and shall be
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deemed at all times to be an independent contractor and shall be wholly responsible for the manner in which CONSULTANT performs the Services requested by CITY under this Agreement. CONSULTANT and any agent or employee of CONSULTANT will not have employee status with CITY, nor be entitled to participate in any plans, arrangements, or distributions by CITY
pertaining to or in connection with any retirement, health or other benefits that CITY may offer its
employees. CONSULTANT will be responsible for all obligations and payments, whether imposed by federal, state or local law, including, but not limited to, FICA, income tax withholdings, workers’ compensation, unemployment compensation, insurance, and other similar responsibilities related to CONSULTANT’s performance of the Services, or any agent or
employee of CONSULTANT providing same. Nothing in this Agreement shall be construed as
creating an employment or agency relationship between CITY and CONSULTANT or any agent or employee of CONSULTANT. Any terms in this Agreement referring to direction from CITY shall be construed as providing for direction as to policy and the result of CONSULTANT’s provision of the Services only, and not as to the means by which such a result is obtained.
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 approval of the City Manager. Any purported
assignment made without the prior written approval of the City Manager will be void and without
effect. Subject to the foregoing, the covenants, terms, conditions and provisions of this Agreement will apply to, and will bind, the heirs, successors, executors, administrators and assignees of the parties.
SECTION 12. SUBCONTRACTING. Option A: No Subcontractor: CONSULTANT shall not subcontract any portion of the Services to be performed under this Agreement without the prior written authorization of the City Manager or designee. In the event CONSULTANT does subcontract any portion of the work to
be performed under this Agreement, CONSULTANT shall be fully responsible for all acts and
omissions of subcontractors. Option B: Subcontracts Authorized: Notwithstanding Section 11 (Assignment) above, CITY agrees that subcontractors may be used to complete the Services. The subcontractors authorized
by CITY to perform work on this Project are:
PGAdesign BKF Engineers
CONSULTANT shall be responsible for directing the work of any subcontractors and for any
compensation due to subcontractors. CITY assumes no responsibility whatsoever concerning compensation of subcontractors. CONSULTANT shall be fully responsible to CITY for all acts and omissions of subcontractors. CONSULTANT shall change or add subcontractors only with the prior written approval of the City Manager or designee.
SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Hannah Chan Smyth Email: hchansmyth@up-partners.com as the CONSULTANT’s Project Manager to have supervisory responsibility for the performance, progress, and execution of the Services and
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represent CONSULTANT during the day-to-day performance of the Services. If circumstances cause the substitution of the CONSULTANT’s Project Manager or any other of CONSULTANT’s key personnel for any reason, the appointment of a substitute Project Manager 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 CONSULTANT
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 Services or a threat to the safety of persons or property.
CITY’s Project Manager is Ashwini Kantak, City Managers Department, 250 Hamilton Avenue
Palo Alto, CA, zipcode: 94301, . CITY’s Project Manager will be CONSULTANT’s point of contact with respect to performance, progress and execution of the Services. CITY may designate an alternate Project Manager from time to time.
SECTION 14. OWNERSHIP OF MATERIALS. All work product, including without
limitation, all writings, drawings, studies, sketches, photographs, plans, reports, specifications, computations, models, recordings, data, documents, and other materials and copyright interests developed under this Agreement, in any form or media, 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 product pursuant to this Agreement are vested in CITY, and
CONSULTANT hereby waives and relinquishes all claims to copyright or other intellectual property rights in favor of CITY. Neither CONSULTANT nor its subcontractors, if any, shall make any of such work product 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 Services. SECTION 15. AUDITS. CONSULTANT agrees to permit CITY and its authorized representatives to audit, at any reasonable time during the term of this Agreement and for four (4)
years from the date of final payment, CONSULTANT’s records pertaining to matters covered by
this Agreement, including without limitation records demonstrating compliance with the requirements of Section 10 (Independent Contractor). CONSULTANT further agrees to maintain and retain accurate books and records in accordance with generally accepted accounting principles for at least four (4) years after the expiration or earlier termination of this Agreement or the
completion of any audit hereunder, whichever is later.
SECTION 16. INDEMNITY. 16.1. To the fullest extent permitted by law, CONSULTANT shall indemnify, defend
and hold harmless CITY, its Council members, officers, employees and agents (each an
“Indemnified Party”) from and against any and all third party 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 attorney’s fees, experts fees, court costs and disbursements (“Claims”) to the extent that such Claims arise out of, pertain to, or relate to the
negligence, recklessness, or willful misconduct of CONSULTANT, its officers, employees, agents
or contractors under this Agreement, regardless of whether or not it is caused in part by an Indemnified Party. CITY will reimburse CONSULTANT for the proportionate percentage of defense costs exceeding CONSULTANT’s proportionate percentage of fault as determined by the
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final judgment of a court of competent jurisdiction. 16.2. Notwithstanding the above, nothing in this Section 16 shall be construed to
require CONSULTANT to indemnify an Indemnified Party from a Claim arising from the active
negligence or willful misconduct of an Indemnified Party that is not contributed to by any act of, or by any omission to perform a duty imposed by law or agreement by, CONSULTANT, its officers, employees, agents or contractors under this Agreement.
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. No waiver of a condition or nonperformance of an obligation under
this Agreement is effective unless it is in writing in accordance with Section 29.4 of this
Agreement. No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of that provision as to that or any other instance. Any waiver granted shall apply solely to the specific instance expressly stated. No single or partial exercise of any right or remedy will preclude any other or further exercise of any right or remedy.
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, entitled “INSURANCE REQUIREMENTS”. 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 Chief Procurement Officer during the entire term
of this Agreement. 18.4. The procuring of such required policy or policies of insurance will not be
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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. If CONSULTANT fails to perform any of its material obligations under this Agreement, in addition to all other remedies provided under this Agreement or at law, the City Manager may terminate this Agreement sooner upon written notice of termination. Upon receipt of any notice of suspension or termination, CONSULTANT will
discontinue its performance of the Services on the effective date in the notice of suspension or
termination. 19.2. In event of suspension or termination, CONSULTANT will deliver to the City Manager on or before the effective date in the notice of suspension or termination, any and
all work product, as detailed in Section 14 (Ownership of Materials), whether or not completed,
prepared by CONSULTANT or its contractors, if any, in the performance of this Agreement. Such work product is the property of CITY, as detailed in Section 14 (Ownership of Materials). 19.3. In event of suspension or termination, CONSULTANT will be paid for the
Services rendered and work products delivered to CITY in accordance with the Scope of Services
up to the effective date in the 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 provided in material conformity with this Agreement as such determination is 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, 17, 19.2, 19.3, 19.4, 20, 25, 27, 28, 29 and 30. 19.4. 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, unless made
in accordance with Section 17 (Waivers). 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
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To CONSULTANT: Attention of the Project Manager at the address of CONSULTANT recited on the first page of this Agreement.
CONSULTANT shall provide written notice to CITY of any change of address.
SECTION 21. CONFLICT OF INTEREST. 21.1. In executing 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 subcontractors or other persons or parties 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, as amended from time to time. CONSULTANT agrees to notify CITY if any conflict arises.
21.3. If the CONSULTANT meets the definition of a “Consultant” as defined by the Regulations of the Fair Political Practices Commission, CONSULTANT will file the appropriate financial disclosure documents required by the Palo Alto Municipal Code and the Political Reform Act of 1974, as amended from time to time.
SECTION 22. NONDISCRIMINATION; COMPLIANCE WITH ADA. 22.1. As set forth in Palo Alto Municipal Code Section 2.30.510, as amended from time to time, CONSULTANT certifies that in the performance of this Agreement, it shall not
discriminate in the employment of any person due to that person’s race, skin color, gender, gender
identity, age, religion, disability, national origin, ancestry, sexual orientation, pregnancy, genetic information or condition, 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. 22.2. CONSULTANT understands and agrees that pursuant to the Americans Disabilities Act (“ADA”), programs, services and other activities provided by a public entity to
the public, whether directly or through a contractor or subcontractor, are required to be accessible
to the disabled public. CONSULTANT will provide the Services specified in this Agreement in a manner that complies with the ADA and any other applicable federal, state and local disability rights laws and regulations, as amended from time to time. CONSULTANT will not discriminate against persons with disabilities in the provision of services, benefits or activities provided under
this Agreement. SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE REQUIREMENTS. CONSULTANT shall comply with the CITY’s Environmentally
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Preferred Purchasing policies which are available at CITY’s Purchasing Department, hereby incorporated by reference and as amended from time to time. CONSULTANT shall comply with waste reduction, reuse, recycling and disposal requirements of 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: (a) 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 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. (b) Goods purchased by CONSULTANT on behalf of CITY shall be purchased in accordance with 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 Department’s office. (c) Reusable/returnable pallets shall be taken back by CONSULTANT, at no additional cost to 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. COMPLIANCE WITH PALO ALTO MINIMUM WAGE ORDINANCE. CONSULTANT shall comply with all requirements of the Palo Alto Municipal Code Chapter 4.62 (Citywide Minimum Wage), as amended from time to time. In particular, for any employee otherwise entitled to the State minimum wage, who performs at least two (2) hours of work in a
calendar week within the geographic boundaries of the City, CONSULTANT shall pay such
employees no less than the minimum wage set forth in Palo Alto Municipal Code Section 4.62.030 for each hour worked within the geographic boundaries of the City of Palo Alto. In addition, CONSULTANT shall post notices regarding the Palo Alto Minimum Wage Ordinance in accordance with Palo Alto Municipal Code Section 4.62.060.
SECTION 25. NON-APPROPRIATION. This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code, as amended from time to time. This Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal
year in the event that funds are only appropriated for a portion of the fiscal year and funds for this
Agreement are no longer available. This Section shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Agreement. SECTION 26. PREVAILING WAGES AND DIR REGISTRATION FOR PUBLIC
WORKS CONTRACTS. 26.1. This Project is not subject to prevailing wages and related requirements. CONSULTANT is not required to pay prevailing wages and meet related requirements under the California Labor Code and California Code of Regulations in the
performance and implementation of the Project if the contract:
(1) is not a public works contract; (2) is for a public works construction project of $25,000 or less, per California Labor Code Sections 1782(d)(1), 1725.5(f) and 1773.3(j); or
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(3) is for a public works alteration, demolition, repair, or maintenance project of $15,000 or less, per California Labor Code Sections 1782(d)(1), 1725.5(f) and 1773.3(j).
This Project is not a 9204 Public Works Project.
SECTION 28. CONFIDENTIAL INFORMATION. 28.1. In the performance of this Agreement, CONSULTANT may have access to
CITY’s Confidential Information (defined below). CONSULTANT will hold Confidential
Information in strict confidence, not disclose it to any third party, and will use it only for the performance of its obligations to CITY under this Agreement and for no other purpose. CONSULTANT will maintain reasonable and appropriate administrative, technical and physical safeguards to ensure the security, confidentiality and integrity of the Confidential Information.
Notwithstanding the foregoing, CONSULTANT may disclose Confidential Information to its
employees, agents and subcontractors, if any, to the extent they have a need to know in order to perform CONSULTANT’s obligations to CITY under this Agreement and for no other purpose, provided that the CONSULTANT informs them of, and requires them to follow, the confidentiality and security obligations of this Agreement.
28.2. “Confidential Information” means all data, information (including without limitation “Personal Information” about a California resident as defined in Civil Code Section 1798 et seq., as amended from time to time) and materials, in any form or media, tangible or intangible, provided or otherwise made available to CONSULTANT by CITY, directly or
indirectly, pursuant to this Agreement. Confidential Information excludes information that
CONSULTANT can show by appropriate documentation: (i) was publicly known at the time it was provided or has subsequently become publicly known other than by a breach of this Agreement; (ii) was rightfully in CONSULTANT’s possession free of any obligation of confidence prior to receipt of Confidential Information; (iii) is rightfully obtained by
CONSULTANT from a third party without breach of any confidentiality obligation; (iv) is
independently developed by employees of CONSULTANT without any use of or access to the Confidential Information; or (v) CONSULTANT has written consent to disclose signed by an authorized representative of CITY.
28.3. Notwithstanding the foregoing, CONSULTANT may disclose Confidential
Information to the extent required by order of a court of competent jurisdiction or governmental body, provided that CONSULTANT will notify CITY in writing of such order immediately upon receipt and prior to any such disclosure (unless CONSULTANT is prohibited by law from doing so), to give CITY an opportunity to oppose or otherwise respond to such order.
28.4. CONSULTANT will notify City promptly upon learning of any breach in the security of its systems or unauthorized disclosure of, or access to, Confidential Information in its possession or control, and if such Confidential Information consists of Personal Information, CONSULTANT will provide information to CITY sufficient to meet the notice requirements of
Civil Code Section 1798 et seq., as applicable, as amended from time to time.
28.5. Prior to or upon termination or expiration of this Agreement, CONSULTANT will honor any request from the CITY to return or securely destroy all copies of
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Confidential Information. All Confidential Information is and will remain the property of the CITY and nothing contained in this Agreement grants or confers any rights to such Confidential Information on CONSULTANT.
28.6. If selected in Section 30 (Exhibits), this Agreement is also subject to the
terms and conditions of the Information Privacy Policy and Cybersecurity Terms and Conditions. SECTION 29. MISCELLANEOUS PROVISIONS.
29.1. This Agreement will be governed by California law, without regard to its
conflict of law provisions. 29.2. 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.
29.3. 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. 29.4. This Agreement, including all exhibits, constitutes the entire and integrated agreement between the parties with respect to the subject matter of this Agreement, and supersedes
all prior agreements, negotiations, representations, statements and undertakings, either oral or
written. This Agreement may be amended only by a written instrument, which is signed by the authorized representatives of the parties and approved as required under Palo Alto Municipal Code, as amended from time to time.
29.5. If a court of competent jurisdiction finds or rules that any provision of this
Agreement is void or unenforceable, the unaffected provisions of this Agreement will remain in full force and effect. 29.6. In the event of a conflict between the terms of this Agreement and the
exhibits hereto (per Section 30) or CONSULTANT’s proposal (if any), the Agreement shall
control. In the event of a conflict between the exhibits hereto and CONSULTANT’s proposal (if any), the exhibits shall control.
29.7. The provisions of all checked boxes in this Agreement shall apply to this
Agreement; the provisions of any unchecked boxes shall not apply to this Agreement. 29.8. All section headings contained in this Agreement are for convenience and reference only and are not intended to define or limit the scope of any provision of this Agreement.
29.9. This Agreement may be signed in multiple counterparts, which, when
executed by the authorized representatives of the parties, shall together constitute a single binding agreement.
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SECTION 30. EXHIBITS. Each of the following exhibits, if the check box for such exhibit is selected below, is hereby attached and incorporated into this Agreement by reference as though fully set forth herein:
EXHIBIT A: SCOPE OF SERVICES
EXHIBIT A-1 PROFESSIONAL SERVICES TASK ORDER EXHIBIT B: SCHEDULE OF PERFORMANCE EXHIBIT C: COMPENSATION EXHIBIT C-1: SCHEDULE OF RATES
EXHIBIT D: INSURANCE REQUIREMENTS
THIS AGREEMENT IS NOT COMPLETE UNLESS ALL SELECTED EXHIBITS ARE ATTACHED.
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CONTRACT No. C25192045 SIGNATURE PAGE IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement as of the date first above written.
CITY OF PALO ALTO
____________________________ City Manager
APPROVED AS TO FORM:
__________________________
City Attorney or designee
URBAN PLANNING PARTNERS, INC. Officer 1 By:
Name:
Title:
Officer 2 By:
Name:
Title:
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President
Lynette Dias
Associate Principal
Carla Violet
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EXHIBIT A SCOPE OF SERVICES
CONSULTANT shall provide the Services detailed in this Exhibit A, entitled “SCOPE OF
SERVICES”. Notwithstanding any provision herein to the contrary, CONSULTANT’s duties and services described in this Scope of Services 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 Scope of Services. Tasks 1 and 3 are divided into Phase 1 and Phase 2 work. Task 2 only encompasses Phase 1 work. Funding for Phase 1 is listed in Exhibit C to this Agreement; Phase 2 is not funded by the
original version of this agreement and requires an amendment to fund Phase 2. Phase 2 work
shall not begin until authorized and funded by an amendment to this Agreement.
TASK 1. STAKEHOLDER ENGAGEMENT The CONSULTANTS shall work collaboratively with the City to implement engagement that is tailored to the goals of the project and is responsive to the needs of the community. The
CONSULTANTS shall learn from the City on where the community is currently at, what has
worked well, and where there is opportunity for improvement. Outreach will be tailored to the following three goals:
Share, Listen, and Understand. The CONSULTANTS shall discuss the project in the
context of the City’s existing and ongoing outdoor dining and streetscape improvement
projects, the project goals, and how the project advances the City’s Comprehensive
Economic Development Strategy while enhancing the unique character of the Historic
Ramona Street area. They will listen to the community’s interests and concerns and come to
understand the features and character of Ramona Street that they want to maintain and
enhance.
Define and Measure Community Character. Input from the community will be used to
identify key elements that contribute to Ramona Street’s historic character, understand what
creates a positive outdoor dining experiences, and what makes an overall positive atmosphere
on car-free streets. Establishing shared terminology and removing the subjective standards
will help build community ownership over the outdoor dining standards and street design.
Shape and Refine Outdoor Dining Standards. The CONSULTANTS will solicit input on
design preferences and implementation questions through interactive tools such as polls and
surveys and facilitated discussions. The community will be able to see how their feedback
has been incorporated in the product(s).
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TASK 1, PHASE 1 (Tasks 1A-1E) Phase 1 will concentrate on outdoor dining standards and interim interventions for Ramona Street. This phase will kick off with a single hybrid meeting that provides a high-level overview of the project and its timeline, introducing key elements and laying the groundwork for further
engagement.
Task 1A: Kick-off Meeting and Scope Finalization
Project initiation for the Car-Free Ramona Street Project will provide an opportunity for the
CONSULTANTS to collaborate with the City in refining their recommended approach and scope of work. As part of this task, the CONSULTANTS shall specifically:
Debrief the City’s community engagement efforts to date, including what has worked
well, what has not worked well.
Discuss to what extent they believe they can utilize the City’s ongoing parklet program
design standards and Car-Free Cal Ave standards.
Identify Project Goals, desired outcomes, and key success factors for the project,
incorporating feedback and comments from the key stakeholders and community.
Discuss the anticipated implementation budget and timeline for Phase 1.
Review and finalize their approach and scope of work, including project goals,
deliverables, schedule, and the scope of community engagement events.
Deliverables:
Kick-off meeting agenda and minutes
Refined scope of work
Task 1B: Community Outreach
The Community Outreach events will aim to interact with the business and community stakeholders in a meaningful way. The UPP Team will facilitate up to one (1) hybrid meeting with the community in Phase 1. Key stakeholders encompass all businesses on Ramona between
Hamilton and University, property owners and managers on Ramona and downtown, community
partners such as Stanford University and the Palo Alto Historical Society, and the broader Palo Alto community. Potential meeting timelines and objectives include:
Project Introduction and Community Vision: Introduce the project, its scope, objectives
and key success factors. Hear from the community on what is working well and what isn’t.
Receive input and ideas on the community’s vision for the street. Community feedback will
be used to identify existing outdoor dining design aspects that will be maintained in the
standards as well as place-making ideas and visions for the street. This initial feedback will
help shape the initial direction for the outdoor dining and street design concepts.
Outdoor Dining Design Concepts Feedback: present initial outdoor dining concepts and
receive feedback on design elements, opportunities, and challenges with each concept, and
identify preferred concepts. Provide an update on project status, anticipated implementation
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timeline and next steps. Feedback from the community will help the CONSULTANTS refine
the concepts.
Preferred Outdoor Dining Concepts, Implementation, and Initial Street Design
Concepts: present refined outdoor dining concepts and initial streetscape concepts in
response to community and stakeholder feedback. Provide an update on project status,
detailed implementation timeline and next steps for the community. Receive feedback on
select design elements and implementation process.
The CONSULTANTS shall provide materials and content for a website for the project.
Deliverables:
Meeting Agendas and Presentations (1 round review and revision)
Task 1C: City Boards, Commissions, and Committee Meetings
The CONSULTANTS shall prepare presentations and attend and present at up to two (2) City
Committee and Council meetings in Phase 1. This includes the Retail Committee and the City
Council. The project scope includes one (1) round of review and revision for each presentation. An additional optional fee is included for Staff Report writing and assistance for one (1) meeting with up to two (2) rounds of review and revision.
Phase 1 Deliverables:
Up to two (2) Presentations: (1) to the Retail Committee (virtual) (1) to the City Council
Optional: Up to one (1) Staff Report (2 rounds of review and revision)
Summary Presentation - a PowerPoint slide deck that summarizes outdoor dining/patio
issues and opportunities, including what heard from outreach, and presents the proposed
Outdoor Dining/Patio Guidelines and Standards. Includes content from Task 1D
Task 1D: Stakeholder Engagement Summary
For Phase 1, the CONSULTANTS shall prepare an engagement summary table providing an overview of the outreach process and the stakeholder engagement events, the feedback received at each event, and how the City responded to stakeholder feedback and the changes that were made as a result. The table will be a living document and will be updated throughout the project
after each engagement event to be used for web content and as an attachment to the final outdoor
dining standards and street design.
Phase 1 Deliverables:
One (1) Stakeholder Engagement Summary Table that is updated following each
engagement event (up to 2 rounds of review and revision)
Task 1E: City Coordination Meetings
The scope includes up to 10 team coordination meetings with staff from Public Works, Planning
and Development, Fire, Community Services and Transportation Departments occurring bi-weekly and up to 10 project manager check-in meetings occurring bi-weekly on alternating weeks as the team coordination meeting. The Project Manager shall attend all meetings with the Project Principal attending the team coordination meetings. Subconsultant team members will
attend one (1) meeting as needed. The CONSULTANTS shall prepare and circulate meeting
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agendas at least one day in advance, keep meeting notes, and track action items throughout the project.
Phase 1 Deliverables:
Up to ten (10) meeting agendas and notes
TASK 1, PHASE 2 (Tasks 1F-1J; requires a future contract amendment to authorize funding)
Phase 2 will focus on long-term solutions for Ramona Street, including gateway signage, streetscape design, and more comprehensive infrastructure, hardscape, and softscape strategies. During this phase, up to two additional hybrid meetings will take place. These meetings will dive deeper into the project’s specifics, allowing for more detailed feedback from stakeholders to
shape the final designs.
Task 1F: Kick-off Meeting and Scope Finalization
Project initiation for the Car-Free Ramona Street Project will provide an opportunity for the CONSULTANTS to collaborate with the City in refining their recommended approach and scope of work. As part of this task, the CONSULTANTS shall specifically:
Identify Project Goals, desired outcomes, and key success factors for the project,
incorporating feedback and comments from City Boards, Commissions, and Committees
on similar projects within the city.
Discuss the anticipated implementation budget and timeline.
Review and finalize their approach and scope of work, including project goals,
deliverables, schedule, and the scope of community engagement events.
Task 1G: Community Outreach
The Community Outreach events will aim to interact with the business and community stakeholders in a meaningful way. The UPP Team will facilitate up to two (2) hybrid meeting with the community in Phase 2. Key stakeholders encompass all businesses on Ramona between
Hamilton and University, property owners and managers on Ramona and downtown, community partners such as Stanford University and the Palo Alto Historical Society, and the broader Palo Alto community. Potential meeting timelines and objectives include:
Project Introduction and Community Vision: Introduce the project, its scope, objectives
and key success factors. Hear from the community on what is working well and what isn’t.
Receive input and ideas on the community’s vision for the street. Community feedback will
be used to identify place-making ideas and visions for the street. This feedback will help
shape the direction for the street design concepts
Street Design and Branding Concepts: present streetscape concepts in response to
community and stakeholder feedback. Provide an update on project status, detailed
implementation timeline and next steps for the community. Receive feedback on select
design elements and implementation process.
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In addition to two (2) hybrid meetings, the CONSULTANTS shall prepare a survey to gather additional targeted input from the community on the outdoor dining concepts. The survey will utilize images and diagrams to maximize accessibility for the community.
The CONSULTANTS shall provide materials and content for a website for the project.
Deliverables:
Up to two (2) Meeting Agendas and Presentations (1 round review and revision)
Online Survey (1 round of review and revision)
Survey Input Summary (memorandum format)
Task 1H: City Boards, Commissions, and Committee Meetings
The CONSULTANTS shall prepare presentations and attend and present at up to six (6) City Boards, Commissions, and Committee meetings throughout the project. This includes one (1) meeting for each of the following: Architectural Review Board (ARB), Historic Review Board
(HRB), Public Art Commission (PAC), Planning and Transportation Commission (PTC), and
Pedestrian and Bicycle Advisory Committee, and the City Council. The project scope includes one (1) round of review and revision for each presentation. An additional optional fee is included for Staff Report writing and assistance for three (3) meetings with up to two (2) rounds of review and revision.
Phase 2 Deliverables:
Up to six (6) Presentations (1 round review and revision)
Optional: Up to three (3) Staff Reports (2 rounds of review and revision)
Task 1I: Stakeholder Engagement Summary
For Phase 2, the CONSULTANTS shall prepare an engagement summary table providing an
overview of the outreach process and the stakeholder engagement events, the feedback received at each event, and how the City responded to stakeholder feedback and the changes that were made as a result. The table will be a living document and will be updated throughout the project after each engagement event to be used for web content, presentations at Stakeholder meetings
such as PTC and CC, and as an attachment to the final outdoor dining standards and street
design.
Phase 2 Deliverables:
One (1) Stakeholder Engagement Summary Table that is updated following each
engagement event (up to 1 round of review and revision)
Task 1J: City Coordination Meetings
The scope includes up to 30 team coordination meetings with staff from Public Works, Planning and Development, Fire, Community Services and Transportation Departments occurring bi-weekly and up to 30 project manager check-in meetings occurring bi-weekly on alternating weeks as the team coordination meeting. The Project Manager shall attend all meetings with the Project Principal attending the team coordination meetings. Subconsultant team members will
attend one (1) meeting as needed. The CONSULTANTS shall prepare and circulate meeting agendas at least one day in advance, keep meeting notes, and track action items throughout the project.
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Phase 2 Deliverables:
Up to thirty (30) meeting agendas and notes
TASK 2. OUTDOOR DINING STANDARDS AND GUIDELINES
(Task 2 is only part of Phase 1) Drawing from stakeholder outreach with community members and City BCCs, and leveraging lessons learned from our work on the Ongoing Parklet Program and Pre-approved parklets the CONSULTANTS shall develop Car-free Ramona Street Outdoor Dining Standards and
Guidelines that will target the following goals:
Provide clear guidance and design expectations for applicants, staff and decision makers;
Ensure the outdoor dining standards are compatible with the existing adjacent architecture,
historic resources, and streetscape and ensuring compliance with the Department of the
Interior Standards;
Use an open and inclusive process to develop the outdoor dining standards; and
Ensure the outdoor dining standards do not impose an excessive cost to business owners,
and instead facilitate the development of a thriving public realm on Ramona Street.
Task 2A: Existing Conditions Analysis and Historic Review
To ensure that car-free Ramona Street outdoor dining and streetscape improvements align with
its historic context and the Department of the Interior’s standards, the CONSULTANTS shall
prepare a historic review of Ramona Street. The historic review will be a brief memorandum and include the following:
An overview of the Department of Interior Standards and how they apply to streetscape
development, including requirements and limitations.
Identification and description of character-defining features of the street’s architecture and
any significant materials and craftsmanship in buildings and the existing streetscape
elements.
In addition to the historic review, the CONSULTANTS shall complete one (1) site visit and
prepare an Existing Conditions overview including a visual analysis of the pedestrian and
vehicular circulation, hard- and soft-scape zones, planting, and exiting outdoor dining (parklets and at-grade), as well as review and document existing outdoor dining standards that will remain in place such as emergency access and utility clearances. The overview will provide a summary of opportunities and constraints based on the visual analysis, existing standard review, and the
Historic Review described above.
This analysis will inform both Task 2 and Task 3.
Phase 1 Deliverables:
One (1) Historic Review Memo (one round of review and revision)
One (1) Existing Conditions Overview
Task 2B: Initial Outdoor Dining Concepts
The CONSULTANTS shall build upon the car-free Cal Ave stakeholder feedback and ongoing
parklet program to prepare up to two (2) outdoor dining concepts to solicit feedback from Ramona Street stakeholders. The initial concepts will address site design topics such as
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clearances from emergency access lane, fire access to buildings, clearances from utilities, water flow and drainage, and street cleanliness. In addition, the concepts will specifically present options and variations on site development and outdoor dining elements such as:
Size and location of dining areas, trash and service/host areas, and live entertainment
Platform and enclosure types
Roof coverings options including umbrellas
The use and placement of heaters
Lighting
Materials and Furnishing
Planters
Advertising and signage
The concepts will include precedent images, sketches, and 3D sketch examples of what the outdoor dining standards would generate to solicit feedback from stakeholder groups. Phase 1 Deliverables:
Up to two (2) outdoor dining concepts (2 rounds of review and revision)
Task 2C: Final Outdoor Dining Standards and Guidelines
Following stakeholder feedback on the initial outdoor dining concepts, the CONSULTANTS shall refine one of the concepts and prepare and submit one (1) set of outdoor dining standards
and guidelines, including site requirements, dining standards including for mandatory and
optional elements. In addition, the CONSULTANTS shall prepare final cost estimates for the final concept implementation. Phase 1 Deliverables:
One (1) final set of standards and guidelines (2 rounds of review and revision)
Final cost estimates for implementation for one (1) concept
TASK 3. STREET DESIGN AND WAYFINDING SIGNAGE In coordination with Task 2, the CONSULTANTS shall prepare Street Design and Wayfinding Signage that will target the following goals:
Enhance street amenities, signage, and art location opportunities to create a cohesive
environment that complements the historic Ramona Street.
Develop a branding and placemaking strategy to create a unique and vibrant public realm
and visitor experience.
Use stakeholder design and City partnership to produce a biddable set of construction
documents that align with the project goals.
TASK 3, PHASE 1 (Tasks 3A-3B)
In a two phased approach, the CONSULTANTS shall prepare up to two (2) initial street design
and wayfinding concepts. Phase 1 will be for an interim, semi-temporary strategy.
Task 3A: Initial Street Design and Wayfinding Concepts
Phase 1 will address the following topics:
Pedestrian and Cyclist Safety and Circulation
Street Furniture: Benches, bollards, planters, and Trash Receptacles
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Basic Wayfinding and Signage The concepts will include precedent images, diagrams, and conceptual sketches to solicit feedback from stakeholder groups. Phase 1 Deliverables:
Two (2) interim street design and wayfinding concepts (2 rounds of review and revision)
One (1) Topographic Survey
Task 3B: Final Street Design and Wayfinding Construction Plans and
Specifications
Following stakeholder feedback and priorities on the initial street design and wayfinding concepts, the CONSULTANTS shall refine one (1) of the concepts and prepare and submit construction plans and specifications. In addition, the CONSULTANTS shall prepare final cost
estimates for the final concept implementation. The construction documents will be produced at a biddable level.
Phase 1 Deliverables:
One (1) set of street furniture construction drawings and specifications, and One (1) set of wayfinding signage specifications (2 rounds of review and revision):
1. Title Sheet
2. Construction Notes 3. Existing Conditions Plan – topography (no SUE or boundary survey) 4. Site Plan 5. Construction Details (civil)
6. Landscape Plan (streetscape)
7. Materials and Furniture Schedule 8. Planting Notes, Schedule, and Details Furnishing Details 9. Wayfinding/Signage Details
TASK 3, PHASE 2 (Tasks 3C-3E; requires a future contract amendment to authorize funding)
Phase 2 will focus on developing more permanent solutions, including enhanced streetscape design, branding, greater design detailing, and infrastructure upgrades. Phase 2 will have a robust solicitation of feedback from stakeholders and determine streetscape improvement priorities.
Task 3C: Initial Street Design and Wayfinding Concepts
Phase 2 initial concepts will address the following topics:
Pedestrian and Cyclist Safety and Circulation
Street Furniture: Benches, Lighting, bollards, and Trash Receptacles
Landscaping: Seasonal and Permanent
Street Art and Public Installations Locations
Sidewalk Pavement and Streetscape: Materials, Patterns, Colors
Branded Wayfinding and Signage
The concepts will include precedent images, diagrams, and conceptual sketches to solicit feedback from stakeholder groups. Phase 2 Deliverables:
Up to two (2) street design and wayfinding concepts (2 rounds of review and revision)
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Task 3D: Final Street Design and Wayfinding Construction Plans and
Specifications
Following stakeholder feedback and priorities on the initial street design and wayfinding
concepts, the CONSULTANTS shall refine one (1) of the concepts and prepare and submit
construction plans and specifications. In addition, the CONSULTANTS shall prepare final cost estimates for the final concept implementation. The construction documents will be produced at a biddable level. Phase 2 Deliverables:
One (1) set of street design and wayfinding construction drawings and specifications (2
rounds of review and revision): 1. Title Sheet 2. Construction Notes 3. Existing Conditions Plan – topography (no Subsurface Utility Engineering or
boundary survey)
4. Demolition Plan 5. Site Plan 6. Improvement Plan (Grading & Utilities; no dry utility) 7. Stormwater Management Plan (if needed)
8. Erosion Control Plan
9. Construction Details (civil) 10. Sidewalk Paving and Materials Plan 11. Wayfinding/Signage Plan 12. Landscape Plan (streetscape)
13. Lighting Plan & Schedule
14. Materials Schedule 15. Paving Details (sidewalk) 16. Planting Notes, Schedule, and Details (tree pits and any pots/planters) 17. Furnishing Details
18. Wayfinding/Signage Details
Task 3E: Cost Estimates for Construction Document Implementation
In addition, the CONSULTANTS shall prepare preliminary cost estimates for the two (2) concepts described in Task 3D and final cost estimates for implementation for one (1) street design and wayfinding concept. Phase 2 Deliverables:
Preliminary cost estimates for the up to two (2) concepts
Final cost estimates for implementation of the final street design and wayfinding
construction plans and specifications
Task 3F: Style Guide and Branding
The CONSULTANTS shall prepare a Branding Strategy and Style Guide (guide) for wayfinding signage on Ramona. The Guide will be up to two-pages and will cover the following:
Design and Placement
Size Restrictions: Signage size is regulated to ensure it does not overwhelm the historic
character of the buildings or the street.
Phase 2 Deliverables:
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Up to two (2) branding strategy concepts for signage and wayfinding on Ramona Street
(1 round of review and revision)
One (1) final branding strategy and Style Guide for wayfinding signage (2 rounds of
review and revision)
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EXHIBIT A-1 PROFESSIONAL SERVICES TASK ORDER CONSULTANT shall perform the Services detailed below in accordance with all the terms and
conditions of the Agreement referenced in Item 1A below. All exhibits referenced in Item 8 are incorporated into this Task Order by this reference. CONSULTANT shall furnish the necessary facilities, professional, technical and supporting personnel required by this Task Order as described below.
CONTRACT NO. OR PURCHASE ORDER REQUISITION NO. (AS APPLICABLE) 1A. MASTER AGREEMENT NO. (MAY BE SAME AS CONTRACT / P.O. NO. ABOVE): 1B. TASK ORDER NO.: 2. CONSULTANT NAME: 3. PERIOD OF PERFORMANCE: START: COMPLETION: 4 TOTAL TASK ORDER PRICE: $__________________ BALANCE REMAINING IN MASTER AGREEMENT/CONTRACT $_______________ 5. BUDGET CODE_______________ COST CENTER________________ COST ELEMENT______________ WBS/CIP__________ PHASE__________ 6. CITY PROJECT MANAGER’S NAME & DEPARTMENT:_____________________________________ 7. DESCRIPTION OF SCOPE OF SERVICES (Attachment A) MUST INCLUDE: SERVICES AND DELIVERABLES TO BE PROVIDED SCHEDULE OF PERFORMANCE MAXIMUM COMPENSATION AMOUNT AND RATE SCHEDULE (as applicable) REIMBURSABLE EXPENSES, if any (with “not to exceed” amount) 8. ATTACHMENTS: A: Task Order Scope of Services B (if any): _____________________________ I hereby authorize the performance of the work described in this Task Order. APPROVED: CITY OF PALO ALTO BY:____________________________________ Name __________________________________ Title___________________________________ Date ___________________________________
I hereby acknowledge receipt and acceptance of this Task Order and warrant that I have authority to sign on behalf of Consultant. APPROVED: COMPANY NAME: ______________________ BY:____________________________________ Name __________________________________ Title___________________________________ Date ___________________________________
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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 (“NTP”) from the CITY.
Milestones
Completion Number of Days/Weeks (as specified below) from NTP
1. Phase 1, Task 1: Stakeholder Engagement 16 weeks
2. Phase 1, Task 2: Outdoor Dining
Standards/Guidelines 16 weeks
3. Phase 1, Task 3: Interim/Limited Street
Design and Wayfinding
14 weeks
4. Phase 2, Task 1: Stakeholder Engagement 30 weeks 5. Phase 2, Task 3: Street Design and Wayfinding Signage 33 weeks
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.
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EXHIBIT C COMPENSATION 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 FOR PHASE 1
TASK NOT TO EXCEED AMOUNT Tasks 1A-1E (Stakeholder Engagement) $37,637
Task 2 (Outdoor Dining Standards/Guidelines) $74,364
Tasks 3A-3B (Street Design and Wayfinding Signage) $51,147
Sub-total for Services $163,148
Reimbursable Expenses (if any) $0
Total for Services and Reimbursable Expenses $163,148
Additional Services (if any, per Section 4) $2,425
Maximum Total Compensation $165,573
BUDGET SCHEDULE FOR OPTIONAL PHASE 2
Phase 2 requires an amendment to this Agreement to fund and authorize the Phase 2 scope of
work.
TASK NOT TO EXCEED AMOUNT
Tasks 1F-1J (Stakeholder Engagement) $78,861
Task 2 (no Phase 2 work in Task 2) $0
Task 3C-3F (Street Design and Wayfinding Signage) $146,127
Sub-total for Services $224,988
Reimbursable Expenses (if any) $1,500
Total for Services and Reimbursable Expenses $226,488
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Additional Services (if any, per Section 4) $7,275 Maximum Total Compensation $233,763
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 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: NONE up to the not-to-exceed amount of: $0.00.
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EXHIBIT C-1 SCHEDULE OF RATES
CONSULTANT’s schedule of rates is as follows:
Labor Category Year 1 Year 2
UPP
Principal $271 - $391 $271 - $391
Consulting Principal $300 - $400 $300 - $400
Associate Principal $175 - $292 $175 - $292
Principal Planner $186- $311 $186- $311
Senior Planner $181 - $277 $181 - $277
Associate Planner (P2) $171 - $202 $171 - $202
Associate Planner (P1) $136 - $177 $136 - $177
Planner (P2) $134 - $168 $134 - $168
Planner (P1) $104 - $139 $104 - $139
Assistant Planner $82 - $136 $82 - $136
Intern $80 - $109 $80 - $109
Graphics $132 - $223 $132 - $223
Admin/WP $125 - $211 $125 - $211
PGAdesign
Principal - Historic $270 - $280 $270 - $280
Principal Transportation $270 - $280 $270 - $280
Landscape Architect $182 - $192 $182 - $192
Landscape Designer $160 - $170 $160 - $170
Irrigation Designer $170 - $180 $170 - $180
BKF Engineers
Principal $302 - $312 $302 - $312
Project Manager $260 - $270 $260 - $270
Design Engineer $170 - $180 $170 - $180
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EXHIBIT D INSURANCE REQUIREMENTS
CONSULTANTS 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 HEREIN.
REQUIRED TYPE OF COVERAGE REQUIREMENT
MINIMUM LIMITS
EACH OCCURRENCE AGGREGATE
YES YES WORKER’S COMPENSATION EMPLOYER’S LIABILITY STATUTORY STATUTORY 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: CONSULTANT, 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 CONSULTANT 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 CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONSULTANT’S AGREEMENT TO INDEMNIFY CITY. II. THE CONSULTANT MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE AT THE FOLLOWING EMAIL: PURCHASINGSUPPORT@CITYOFPALOALTO.ORG 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.
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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 CONSULTANT 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 CONSULTANT SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. EVIDENCE OF INSURANCE AND OTHER RELATED NOTICES ARE REQUIRED TO BE FILED WITH THE CITY OF PALO ALTO SENT TO THE FOLLOWING EMAIL: PURCHASINGSUPPORT@CITYOFPALOALTO.ORG
Docusign Envelope ID: CAD83FA7-B759-425D-9905-DB1EBAFCAB8E
Certificate Of Completion
Envelope Id: CAD83FA7B759425D9905DB1EBAFCAB8E Status: Completed
Subject: Complete with Docusign: FINAL C25192045 Car Free Ramona PSA.pdf
Source Envelope:
Document Pages: 30 Signatures: 2 Envelope Originator:
Certificate Pages: 2 Initials: 0 Alice Harrison
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
250 Hamilton Ave
Palo Alto , CA 94301
Alice.Harrison@CityofPaloAlto.org
IP Address: 71.204.184.225
Record Tracking
Status: Original
11/26/2024 10:19:33 AM
Holder: Alice Harrison
Alice.Harrison@CityofPaloAlto.org
Location: DocuSign
Security Appliance Status: Connected Pool: StateLocal
Storage Appliance Status: Connected Pool: City of Palo Alto Location: DocuSign
Signer Events Signature Timestamp
Lynette Dias
ldias@up-partners.com
President
Urban Planning Partners
Security Level: Email, Account Authentication
(None)
Signature Adoption: Uploaded Signature Image
Using IP Address: 76.21.7.66
Sent: 11/26/2024 10:22:16 AM
Viewed: 11/26/2024 10:57:30 AM
Signed: 11/26/2024 10:58:04 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Carla Violet
cviolet@up-partners.com
Associate Principal
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 104.28.124.182
Signed using mobile
Sent: 11/26/2024 10:58:06 AM
Viewed: 11/26/2024 11:07:06 AM
Signed: 11/26/2024 11:07:32 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Ashwini Kantak
ashwini.kantak@cityofpaloalto.org
Management Spec
Copa
Security Level: Email, Account Authentication
(None)
Sent: 11/26/2024 11:07:34 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Carbon Copy Events Status Timestamp
steve guagliardo
steve.guagliardo@cityofpaloalto.org
Assistant to the City Manager
Security Level: Email, Account Authentication
(None)
Sent: 11/26/2024 11:07:35 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Ruth carias
ruth.carias@cityofpaloalto.org
Security Level: Email, Account Authentication
(None)
Sent: 11/26/2024 11:07:36 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 11/26/2024 10:22:16 AM
Certified Delivered Security Checked 11/26/2024 11:07:06 AM
Signing Complete Security Checked 11/26/2024 11:07:32 AM
Completed Security Checked 11/26/2024 11:07:36 AM
Payment Events Status Timestamps
*NOT YET ADOPTED*
123_20241204_ts24 1
Resolution No. ___
Resolution of the Council of the City of Palo Alto Extending the City Manager’s
Authority to Temporary Close a Portion of Ramona Street Pursuant to California
Vehicle Code Section 21101 to Facilitate Outdoor Dining, Retail, and Other Uses
R E C I T A L S
A. On June 23, 2020, the Council adopted Resolution No. 9909 approving the
temporary closure of portions of California Avenue, University Avenue and certain other
Downtown streets through Labor Day 2020 to allow for outdoor dining and retail on those
streets, consistent with the Santa Clara County Public Health Order in effect. The street closures
were part of a Summer Streets Program initiated by the City to accommodate outdoor uses at a
time when indoor dining remained prohibited in the County and the growing scientific evidence
showed a lower risk of COVID-19 transmission outdoors compared to indoors. At that time, the
City anticipated that indoor dining would be allowed to resume in the County, as had been
allowed in neighboring counties, and sought to address the immediate needs of the community
including residents, workers and businesses that had been severely impacted by loss of business
activity and revenue.
B. Through Resolution No. 9909 the Council also approved a temporary pilot parklet
program to allow parklets to be installed in on-street parking spaces on an expedited and
temporary basis to provide more space for outdoor dining.
C. On July 2, 2020, the County Public Health Officer issued a revised Shelter in Place
Order, to become effective on July 13, 2020, that allowed certain additional activities to resume
if specified strict across-the-board risk reduction measures were followed. The objective was to
allow activities that were already allowed in surrounding jurisdictions, which had reopened more
quickly than Santa Clara County, so long as the prescribed risk reduction measures were followed.
D. On July 7, 2020, the State approved Santa Clara County’s requested variance that
allowed the revised Shelter in Place Order to go into effect on July 13, 2020.
E. However, with the number of COVID-19 cases dramatically increasing again in the
State, on July 13, 2020, the Governor announced a sweeping roll back of the reopening that the
State had allowed. The State mandated that all counties close certain indoor operations,
including in-restaurant dining. For counties on the State’s monitoring list for 3 consecutive days
(and thus placed on the State “watchlist”), the State required the closure of additional industries
or activities unless they could be modified to operate outside or by pick-up; these included gyms
and fitness centers, places of worship and cultural ceremonies, personal care services, hair salons
and barbershops, and shopping malls.
*NOT YET ADOPTED*
123_20241204_ts24 2
F. Through the summer, the United States including “hot spots” like California
continued to hit new highs in confirmed cases and deaths, as the loosening of shelter-in-place
restrictions had precipitated a resurgence of the virus in many states, including California. As of
July 27, 2020, the State was averaging nearly 10,000 new COVID-19 cases per day, and hospitals
and their intensive care units were filling up. Thirty-seven counties representing 93% of the
State’s population were on the State’s watchlist, and California had 460,550 confirmed cases of
COVID-19, resulting in 8,445 deaths.
G. On August 10, 2020, the Council adopted Resolution No. 9911, which amended
Resolution 9909, to extend until December 31, 2020 the temporary closure of portions of
California Avenue and University Avenue and certain intersecting streets to allow for continued
use of these areas in the heart of the City’s commercial districts to allow for outdoor dining and
potentially other activities as may be allowed by State and County Public Health Orders.
Resolution No. 9911 also extended the temporary parklet program to September 7, 2021.
H. Since August 2020, the County Public Health Officer issued a Risk Reduction Order
on October 5, 2020, which coincided with the County moving into the orange tier under the
State’s “Blueprint for a Safer Economy” tiered restriction system.
I. However, on November 16, 2020, the State moved Santa Clara County two steps
from the orange/moderate tier to the purple/widespread tier (the highest risk tier) due to a sharp
increase in COVID-19 cases statewide. On that date, the County reported 388 new cases of
COVID-19, bringing the cumulative total to 28,686. As of November 17, 2020, California reported
1,029,235 confirmed cases of COVID-19, resulting in 18,263 deaths, and 94.1% of the State’s
population was now in the purple tier (according to the Governor’s Office). The State’s rules for
the purple/widespread tier mandate that restaurants and gyms cannot have indoor service and
retail stores may only have 25% capacity indoors.
J. On December 14, 2020, the Council adopted Resolution 9933, which amended
Resolution 9099, to extend until May 31, 2021 the temporary closure of portions of California
Avenue and University Avenue and certain intersecting streets to allow for continued use of these
areas in the heart of the City’s commercial districts to allow for outdoor dining and potentially
other activities as may be allowed by State and County Public Health Orders.
K. On March 3, 2021, the State moved Santa Clara County one step down from the
purple/widespread tier to the red/substantial tier. As of March 16, 2021, the County reported a
cumulative total of 112,909 COVID cases and 1,867 deaths.
L. On May 10, 2021, the Council adopted Resolution 9954, which further amended
Resolution 9099 to extend until October 31, 2021 the temporary closure of portions of California
Avenue and University Avenue and certain intersecting streets to allow for continued use of these
areas in the heart of the City’s commercial districts to allow for outdoor dining and potentially
other activities as may be allowed by State and County Public Health Orders.
*NOT YET ADOPTED*
123_20241204_ts24 3
M. On June 7, 2021, the Council adopted Resolution 9962. Resolution 9962 amended
and restated Section 4 of Resolution 9909 regarding the pilot parklet program on a non-
emergency basis.
N. On June 15, 2021, the State of California eliminated the Blueprint for a Safer
Economy system of COVID-related rules and restrictions (also known as the color-tier system)
amidst improvements in public health data and increasing availability of the COVID vaccine. The
City of Palo Alto rescinded its declaration of local emergency on July 1, 2021.
O. On September 13, 2021 the Council voted to extend the street closures of portions
of California Avenue and Ramona Street through June 30, 2022 to allow for the continued use of
these streets for outdoor dining and other activities as may be allowed. The Council voted on
each street separately and Resolution 9988 extended the closure of Ramona Street only; a
separate resolution (no. 9987) extended the closure of California Avenue. At the same meeting,
the Council directed the City Manager to open the portion of University Avenue which was closed
by Resolution 9909 and its successors on October 15, 2021.
P. On May 16, 2022, the City Council adopted Resolution 10039, which amended and
restated Resolution 9988 to continue its provisions until December 31, 2023.
Q. On November 6, 2023, the City Council adopted Resolution 10130, which
amended and restated Resolution 10039 to continue its provisions until December 31, 2024.
R. The City Council now desires to continue the provisions of Resolution 10130 until
December 31, 2025.
NOW THEREFORE THE CITY COUNCIL OF THE CITY OF PALO ALTO RESOLVES AS FOLLOWS:
SECTION 1. Findings and Declarations. The Council hereby adopts the above Recitals
as findings of the Council.
SECTION 2. Supersedes Resolution 10130. This Resolution shall supersede Resolution
10130, which is rescinded as of the effective date of this Resolution.
SECTION 3. Extension of Temporary Street Closure
A. The following street is hereby closed to any and all vehicular traffic through
December 31, 2025, in accordance with California Vehicle Code Section
21101(e), to facilitate the temporary uses of outdoor dining, retail, and
other permitted uses:
1. Ramona Street from University Avenue to Hamilton Avenue.
*NOT YET ADOPTED*
123_20241204_ts24 4
B. The City Manager is authorized to determine the days, hours and duration
of the temporary street closure(s) within the period specified in Section A,
with reasonable notice provided, and whether exceptions to the closure
shall be made for municipal purposes. The City Manager is also authorized
to close only part of the street authorized for closure in Section A.
SECTION 4. The Council finds that this Resolution is categorically exempt from CEQA
under CEQA Guidelines Sections 15301 (existing facilities) and 15304(e) (minor temporary use of
land having negligible or no permanent effects on the environment).
SECTION 5. This Resolution shall become effective immediately upon adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
__________________________ _____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
__________________________ _____________________________
Assistant City Attorney City Manager
_____________________________
Director of Public Works
_____________________________
Chief Transportation Official
_____________________________
Director of Planning and Development
Services