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September 13, IS90
HONORABLE tlTY tOlfflCIL
F.l. ~lt., (.llforo!.
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SING! E EMIli RESrIl£NT!AL [)(SIGN GUJOUrNIS CONSUl T~.~T AGRWIENl
~embers Df t~e Council:
ReDDf"t fI BTIef
Tiis report and attac~ments describe the attached proposed agreement for
consGlt~nt services to dewelop Single family Residentiil Design G~idellnes.
On April 2). 1990, the CounCil. following the recommendatfo~ of the Policy an~
Procedures (ommitte~. ~fretted staff te imitiate cons~ltint selection for the
purpose Clf preparing Single famn,J Resi·denthl Design Guidelines. Between
April 23 and Jul, 1, the Guidelines freparation Committ~e ~as formed and is
composed of the f~11owir.g representatives:
Ber. Beecham. flannf~g Commission
"arli aarnes~ ATc~jtecturil Review Board
Ji. ~fall. Historic Resources Board
Nancl l}tle, Zoning Admflf5trato~
James (. Gilliland. Manager. Planning Projects
I~ Tate May J990. t~e Request for Proposal vas ~ent to 13 consu1tants ~ho ~ad
EKpressed i~terest 1a preparing the guidelices. On JuTJ 10, 1990 the City
received i response from Hood-Miller Assoclates of San francisco and (arristO
I Ass~iates af Palo Alto iD associat;cn ~itk Solomon, Inc. The m;.imal
response to the RFP was primarilJ a res~lt of the 1i~ited S25,OOO budget.
Staff and t~e Guidelfnes Preparation Committee ~ere 1.1t;a11, cOficerDed that
C~OOSiDg between onl1 two proposals ~ould not be s~fficfent; ~owever. after
revfewing bot_ proposals and cond~cting the iMterviews, it ~as determined that
both cons.1tant. were well qualifIed fOT t~e job.
The Guidelines Preparation Committee ~as unanimouslJ recommended Hood-~i'Ter
Associates Df Sa~ Francfsco is the conscltant_ Tne st~pe of ~ork and $25,000
fee schedoTt ~11l be as outlined fa the attached Agreement for Professional
C~nsHlting Services. Additional i~formatfon is c~ntained il the attached
cons~ttant's St.tement Qf Services. [t is important to note that t~ lirnlted
budget constrains t~e amount Qf issue im~est;gation that the cons~ltant can
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~ndertale and t~e lengt~ of t~e fiMal r~port. Staff and tne Committee are
(omfortable that the b~~get and the scope of work ~i'l app(op~jatel1 address
the issues of ~ost importance to t~e majority of Palo Alto residents.
Staff antfcipates that the page document. w~fc~ ~;11 pro~ide basfc s10gle
fa~il1 destgn guidelfnes. will be available for fiMal Cou~cil review withi! 6
to a mooths from the date of final Council action.
Secommen4LliM
Staff recommends that the Council approve and authorize the Mayor to exec~te
the attached agreem~~t for consultant services with Hood-Miller Assocfates and
approve the lttac~ed Budget ~~dment ~rdinance for preparation of the Single
rami!, Resl~entl.l Desig" Sufdelines.
RespecU.l1, subltted.
j l ..... ~> t,..UU, r • 1i~jd ff' ~ck4
JAMES (. G[ll[l~D
"anage~, Planning Projects
KENNETH I. SCHREIBER /'
O,recto~ of Plannlng and
2t~~~
Commun1tJ [nv;roQment
Assistant Cit} "anager
Att.c ..... nts: Agreement for Prmfessional Consulting Services
~t~ attathme~ts
Cons~ltantrs Statement of Serwices
Budget Ordin.nce Amendment
cc: ~u;delfnes Pr!parlt;on Committee
Planning tomm~ssion
Architecturil Rewfew Board
Histo~ic Resourtes Board
Lais 'an~er~ek~ 1~ Barron Avenue, Fil~ Alto. CA 94306
linda Scott. 1051 Ramon., Pal. Alto, CA 94301
Step~an Crothers and Charlene SlJ~ieckl, 3012 Ross ~oad.
Pal. Alto. CA 94303
Alice Sac~s. (Dr.ls~ and Carey, 1000 [1 Ca~ino Real,
Suite 150, ~e.!. Pari. CA 94025
Julie Barne~ 3415 ~aver1ey, Pal. Alto, CA 94306
Suzann. langley. 1550 ~.lnut Oriv •• Pal. Alt •• CA 94303
(.rloYI Reese, 80 (irbj PI.ce, P,l. Alto, CA 94301
JGjI990/A/CMRSfCON
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BETWEEN THE Cllr OF PALO ALTO AND
HOOO-MILLER ASSOCIATES FOR
PROFESSION~L PLANNING CONSULTA.~ SERVICES
THIS AGREEMENT is made and entered into this ___ day of
____ ~ __ • 1990.. by and between the CITY OF PALO .ALTO, a
municipal corporation of California., hereinafter referred to as
·CITY .. • and HOOD-MILLER ASSOCIATES (Taxpayer Identification No~
____ ~25210~ ____ ). a Planning Consulting firm, -with. offices at 6·0
Federal street, San Francisco, CA 94107. hereinafter referred to
as ·CONSOLTANTn;
w ____ J: '1' N E SSE T R:
WHEREAS, CITY desires certain profeGsional services
h€reinafter described; and
WHEREAS. CITY desires to engage CONSULTANT to provide
these services by reason of its qualifications and eXPErience for
performing such services .. and CONSULTANT has .offered to-provide the
required -services on the terms and i.n the mann.er set forth berein;
NOW, THEREFORE, in consideration of their mutua!
covena~ts~ the parties hereto agree as follows:
SECTID!( 1 -DUINJTIDllS
1.1 £In
The term II'City· as used ir. this Agreement shall mean and
include all the territory lying ~ithin the municipal boundaries of
the City of Palo Alto. California,. as presently e~istingr plus all
territory 'Whie!]. may be added thel.eto during tt-.e term of this
Agreement by annexation or othen.lis,~~
The term ·City Manager-shall mean tho?-duly appointed
City Manager of the City of Palo Alto,. California,. or-his
designated representative.
The term ·City Attorney· shall mean th€ duly appointed
city Attorney of the City of Palo ~lto,. California,. or his
designated rep,resentative~
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The term "City Clerk w shall mean the duly appointed city
Clerk of the City of Palo Alto~ California., or her designated
r~presentative ..
The term "Risk Manager" shall mean the duly appointed
Risk Manager of the city of Palo Alto, California, or his
designated representative.
The term ·Project-means the preparation of the Single
Family Residential Design GuIdelines as described in Exhibit -A·
entitled ·Scope of Work" attached hereto and made a part hereof.
The city Mana:ger sball be representative of CITY for all
purposes under this Agreement .. James E. Gilliland is designated as
the PROJECT MANAGER for ~he City Manager ... and he shall supervise
the progress and execution of this Agreement ..
2 .. 2 CONSULTANT
CONSULTANT shall assign a single PROJECT DIRECrOR t.o bave
overall responsibility for the progress and execution of thi.s
Agreement for CONSULTANT. Bobbie Sue Hood hereby is designated as
the PROJECT DIRECTOR for CONSCLTANT. Jim Tully shall be assigned
as PROJECT COORDIN..\.TOR for CONSULTANT and shall repres.ent CONSUL
'l'ANT during the day-to-day vorle on the Project. Should circum
stances or conditions subsequent to the execution of this Agreement
require a substitute PROJECT DIRECTOR or PROJECT COORDINATOR for
any reason the PROJECT DIRECTOR or PROJECT COORDINATOR designee
shall be subject to the prior '\oo'ritten approval of the PROJECT
KANAGER.
The scope of the project to be e)(ecutcd by CONSULTA..~T
under the phases of the Basic Services described i~ section 4.1 of
this Agreement is as described in Exhibit -A-.
Unless ot_hervise indicated, CONSULTANT shall perform each
task and accomplish each objective described in Exhibit -A-.
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CONSt1LTANT's Basic services shall be furr.ished as described in
Exhihit ·A·~ sections 1-6.
" • 2 GENFRAL DUT.J.E;; Of CONS!LL1'ANT
4.2~1 CONSULTANT repI-esents that it is qU2Ilifie-d to
turn_ish t~ !;'c;r"'.;ices described und-ar this Agree~£!nL CONSULTANT
further declares that one or-more :members or employe2s of his "firm
and that of its subconsultants, jf any~ are licensed by tbe state
of California to perfonn their se.n'ices and that these services
~ill be performed by them or under their supervision. CONSULTANT
shall furnish to CIT'i for approval, prior to execution of this
Agreement~ a list of all firms or corporations to be employed as
subconsul tants.
4.2.2 CONSULTANT states that it is a .... are of the
requirements of the Govprnment Code and the Health and Safety code
of the State of california relating to access to public buildings
and accommodations Cor physically handicapped persons..-and relating
to facilIties for handicapped pers0ns. CONS:CLTANT shall comply
with su~h provIsions in carrying out the terms of ~hjs Agreement.
4.2.3 CONSULTANT shall furnish CITY 'With £::very
reasonable opportunity for CITY to ascertain tnat the services of
CONSULTANT are being performed in accordance with the requirements
and intentions of tbis Agreement.
.HC1ION 5 -DIITIES OF CIT(
5.1 CITY shall provide full information regarding its
requirements for the Project.
5.2 CITY shall examine doclli~e~ts submitted by CONSULTANT and
shall render decisions pertaining thereto promptly# to avoid
unreasonable delay in the progress of CONSUL~ANT's 'Work.
5.3 CITY shall furnish all such information as is in CIT~'s
files or is at its disposal, as listed in Ey_~ibit -A-r Section 1.
5~4 The services r information..-surveys and reports required
by paragraphs 5.1 through 5.] s-hall tie furnished at CITl's expensc r
and CONSULTAN'l' shall be entitled to rely upon the accuracy thereof.
payment shall be made by CITY only fo,r services rendered
and loTithin thlrty PO) days of submission in triplicate of monthly
progress payment requests. Each invoice shall be itemized as 1.0
the type of payment described in this section.
6.1 CONSUI.TAN'l'.! .. $ FEES
In considerat ion for the full performance of the Basic
Services described in Section of.1 of this Agreement, CI'l''i agrees to
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pay CONSUL'rJu....,·,r a fee not to exceed To.Ienty-five Thollsand Dollars
($25, '>1_0).
The a~ount of CONSULTANT's compensation shall be
calculated as set forth in Exbibit -B-. Fee Schedule, attached
hereto. ~nd made a part hereof. up to the maximum amount set forth
in this paragraph 6.1.
6.1.1 S.'TJbc9:.DSult:ants. Fees for sl1bconsultants. hired
directly by CONSULTANT, shall be approved by CITY in advance of
incurring such fees.
. 6.1.2 ~ Extra Work .~.r __ Cb{l))ges. PaYl!1ent for ext.ra
work or cha1lges in tbe work not initiated by the CONSULTANT and
authorized in writing by the PROJECT MANAGER sh~ll be made within
thirty (30) days of sUbmissio-n by CONSULTANT of a statement. in
triplicate of itemized costs covering such 'Work. Prior to
commencing such extra work or changes, CONSULT~~T and CITY shall
agree upon an estimated not-to-exceed cost for such extra ~ork. In
no event shall CONSULTANT be paid for design .... ork or change order
p'reparation Which-is necessary because of CONSULTANT's errors or
oversights.
6.2
services
services
PAYMENT SCHEDULE
6.2.1
shall be
performed
for Basic Services. PaYJllents for Basic
made in progress pay;nents in proportion to
in accordance with Exhibit -B-.
Final payment shall be made by CITY after CONSUI.TANT has
submitted the final version of the Single-Family Res.idential Design
Guidelines and received approval thereon.
6.2.2 Deductions.
CONSULTANT's compensation on
damages, or other sums withheld
No ded,u.c:tioos shall be made from
account of penalty, liquidated
fro~ payments to contractors.
6.2.) Payment UPOn susoensJ.Q-n or Abanoonlr!.ent __ 9 __ f.
Proi~!.. If the Project is suspended for I!lore than three (3)
months or abandoned in 'Whole or in part, CONSULTANT shall be paid
its compensation for services perfoI'llled prior to receipt of vrj tten
notice froD CITY of such suspension or abandonment6 together with
additional and reimbursable expenses then due. If the Project is
resumed after being suspended for-It,ore than sixty {6,O} days. any
change in CONSULTANT's compensation shall be subject to reneg-otia.
tion and, if necessary. approval by the Palo Alto City Council~ If
this Agreement is suspended or terminated for fault of CONSULTANT.
CITY shall be obI igated to compensate CONSOLTA..lIl'r only for that
portion of CONSULTANT's services. wb.ich are of benefit to CI'I'Y.
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It is understood and agree~ that time is of the essence
ot this Agreement.. 21nd that,. tollo'Jing receipt .of Notice to
Proceed, CONSULTANT shall commence work in accordance .,ith the time
schedule set forth in Exhibit -A-. Work on subsequent tasks shall
proceed in accordance ~ith said ti~e schedule.
7.2 TIME OF COM£_~'rION OF EACH PHASf;
CONSULTANT agrees to perform the services Oil thin the time
limits set forth in Exhibit ~A· provided¥ hoyever, that any cnange
in the scope ~f services or other changes due to CITV's operating
requirements, or in connection 'With otber contractors or consu:l
tants operations~ ~ay require a revised time table.
CITY agrees to exercise due diligence in pertonling its
tasks to implement the CONSULTANT's time table .
., • 3 CITY'S. REVlEWmn,hllnD _ APPROVAL
Between each phase of 'Work there is a revie\o1 and approval
period by CITY. The CITY vill exercise due diligence to complete
th~se tasks; Do-wever., it is recognized t.hat the interrelated
exchange of info·rmaticn among CITY's various departments makes it
i~possible t~ set a specific time schedu1e. Nor~allYr the CITY's
estimated period of review and approval 'itlill be furnished to
CONSULTAN~ at the time of submissio~ of each pbase of ~ork.
In the event the services called for under this Agreement
are not c?mpleted by CONSULTANT within the time specified, CITY
sball have t.he option to extend the ti'me of completion. This para
graph CJo.es not preclude the recovery of damages for delay of eitller
party.
CITY ~ay order ~ajor cbanges in scope or character of
work, either decreasin9 or increasing the amount of CONSULTANT's
servi~es. In the event that su~h changes are ord~red, CONSULTANT
shall be entitled to. full compensation for all yor):: performed prior
tc rec~ip-t. of notice of change. Increased compensation for -ma5or
cbanges shall be determined in accordance with Section 6 of the
Agceement., but in no event shall CITY be liable for payment unless
the amount of such extra compensation shall first have been agreed
to in vriting by CITY.
In the event that major ~hanges are ordered pursuant to
this section, the schedule £or progress and co~pletion in Section
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1 of this Agreement and co~pensation shall be adjusted by negotia
tion between CONSULTANT and CIT'i,. subj ect to approval ... if necessary
by the Palo Alto City Council~
9.1 CANCELLATION BY q::>~SVJ,:rANT
CONSULTANT may terminate this Agreement or suspend ~ork
on the Project upon thirty (30) days' ~ritten notice to CITY, but
only in the event of substantia] failure of performance by CITY or
in the event CITY abandons or indefinitely postpones the project4
Without limitation to such ri~bts or remedies as CITY
sball otherwise have by la ..... 1 CITY shall have the: right to ter-minate
this Agreement or suspend vork on the Project, upon fifteen (lS)
days' 'Written notice to CONSULTANT, or immediately after sUbmission
to CITY by CONSULTANT of any completed item of se:nrice specified in
Section 4 of this. Agreement. OONSOLTANT agrees to cease all vork
under this Agreement upon receipt of said .... ·ri tten notice ..
9 .. 3 COMPENSATION OF CO~_SULTAN'r IN THE
EVENT OF ___ TE~INATION OF I:ij:IS A.GMF,;_MENI
In the event of termination of this A.gree~ent or
suspension ~f ~ork on the Project by either ClTY or CONSOLTANT,
CONSULTANT shall receive compensation as tollows:
9.3.1 For approved items of service under Section (
of this Ag~,ement, compensation shall be in tbe amount outlined
under section 6 of this Agreement for ~he items of 5€rvice fully
performed by CONSULTAN'r ..
9 .. 3.2 For items of service on ....-hich a notice to
proceed has been issued by CITY, but ",bieh have not been fully
completed and awroved, CONSULTANT sball be compensated for said
service in 21n amount ..... hich bears the same ratio to the total fee
otherwise payable for the performance of sa ieI service as the
service actually rendered bears to the total service necessary for
the full performance of said item of service ..
9.3.3 In no event sball the total compensation paid
in the immediately preceding paragrapbs exceed the pa}~ent
specified in Section 6 for the respective items of service to be
furnished by CONSULTANT.
9.3. C Not...-it_hstaooing anything in the preceding para-
graphs, upon termination for fault of CONSULTANT. CIT'i shall be
obligated to pay for only that portion of the service which can be
incorporated in the Project.
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opon termination of this Agreement or suspension of ~ork
on the Project by either CITV or CONSULT~"T, all duties of CITY and
CONSULTANT, as set forth in sections 4 and 5 hereinabovE r sh~ll
terminate.
SECTION 10 -CONSULTANT'S A~ING RE_~R~
Records of all of the expenses pertaining to tJle project
shall be kep·t by CONSULTANT on a generally recognized accounting
basis and shall be available to CITY at mutually convenient time~~
SECTION 11 -O~"NERSHtE_.of.. rxx:tJ1r1ENT~
11.1 Subject to the p·rovisions of paragraph 11.2 bela ...... , the
o·riginal guidelines .. dravings ... maps,-plans, design-s,-records of
survey. 'Work -data 4' specifications, and any other documents prepared
by CONSULTANT in the performance of this Agreelll-ent.. although
instruments of prefessional service, are and shall be the property
of CITY.
11~2 Upon termination under Section 9 of this Agreement and
upon CITY's payment of the amount required to be paid under same
section~ the ori9in~ls and all dra ...... ings. ~alculations .. specifica
t.ions and similar document~ become the property of CITY, and
CONSULTAN'I' shall transfer them to CITY upon request without
additional compensation. CITY shall have the right to utilize any
completed or uncompleted drawings. estimates, specifications. and
other documents prepared hereunder by CONSULTANT; h-o\ol'ever~ CITY
shall indemnify OQNSULTANT_against any loss ~hich may be caused to
CONSULTANT by such use and reuse ..
SECTION 12 -:_JNTE~ST OF CONSPbT..ANT; CQ_NS(lLJ'AN:L __ I __ ~P-EN
=_QLCITY
In accepting this Agreement .. CONSULTAN'f covenants that it
presently has no interest, and shall not acquire any interest ..
direct or indirect4' financial or othervise,. which ~.:::)Uld conflict in
any manner or degree with the performance of the services here
under. CONSULTANT further covenants that~ in the performance of
this Agreement4' no subcontractor or person having such an interest
shall be employN. CONSULTANT certi fies that no one .... ho has or
vi 1i have any financial j nterest under this Agreement is an officer
or employee of CITY.
It is expt"essly agreed that in the performance of the
professional services required under this Agreement CONSULTAN-r, and
any of its 5ubconsultants or ernployees4' shall at all times be coc
sidered independent contrar:tors and not agents or employees of
CITY.
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CONSULTANT shall be responsible for em.ploying all outside
consultants (subconsultants) necessary to aid CONSULTANT in the
performance of the services listed in Section 4 of this Agreereent;
provided~ however .. that all such subconsult~nts shall receive prior
approval of CITY in vriting and shall rEmain acceptable to CIT~
durinq the term of this Agreement.
CONSOLTANT agrees to indemnify, defend and hold harmless
CITY, its officers, agents and employees from any and all demands~
claims", or liability of any nature", including --death or inj\Jr-y to
any person, property damage or any other loss" caused by or arising
out of CONSULTANT's" its officers'", agents'. subcontractors" or
employees' negligent acts, errors, or omissions, or willful
misconduct. or conduct for ~hich the law imposes strict liability
on CONSULTANT in the performance or failure to perform this
Agreement ..
SECTION 15 -_ 'WORKEBS· COMPENSATION
CONSULTANT. by e~ecuting this Agreement, certifies that
it is aware of the provisions of the Labor code of the S~ate of
California 'Which require every employer to be insured against
liability for .... orkers· cOlllpensation or to undertake self-insurance
in accordance ~ith the provisions of that Code, and certifies that
it will comply with such provisions before commer~ing the perform
ance of the ~ork of this Agreement.
§..E'C1'ION 16 -AUPITS
CONSULTANT agrees to pennit CITY to audit, at any
reasonable time during the term of this Agreement and for three (3)
years thereafter, CONSULTANT's records pertaining to matters
co~ered by this Agreement. CONSULTANT fur-ther ag~'ees to maintain
such records for at least three (3) years after the term of this
Agreement ..
SECTION 11 -AGREEKENT BINDING_
The terms# covenants# and conditions of this Agreement
shall apply te, and shall bind, the neirs, succes$Ors. executors,
administrators, assigns, and subcontractors of both parties.
SECTION __ .l.a -NON.a.sSIGN.a.BILIT-.X
18.1 ~ONAI~ SEBVJ __ C~$ ____ OF CONSUI;TAlf!:
Both parties hereto recognize that this Agreement is for
the personal services of CONSULTANT and cannot be transferred~
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assigned or subcontracted by CONSULTANT ~ithout the prior written
consent of CITY.
18.2 SERVICES OF SU.B{:'ONSULTANT AND THEIR EM:PLOi'nEES
CONSULTANT shall be responsible for employi~ or er..g;lging
all persons necessary to perform the services o~ CONSULTANT here
under. No 5ubconsultant of CONSULTkVT ~ill be recognized by CITY
as such; rather" all subconsultants are deemed: to be employees of
CONSULTANT~ and it agrees to be responsible for their performance~
CONSULTANT 5rall give its personal attention to the ful fillment of
the provisions of this Agreement by all of its employees and sub
consultants M if any, and shall keep the work under its control~ If
any employee or suboonsultaot of CONSULTANT fails or refuses to
carry out the provisions of 'this Agreement or appears to be
incompetent or to act in a disorderly or improper manner, he or she
shall be discharged immediately from the work under this Agreement
on demand of CITYr
SECTION_ 19 -EEIThNCE UPON PROFESSIONAL SKILL OF
CONSULTANT
It is mutually understood and agreed by and between the
parties hereto that CONSULTANT is skilled in the professional
callinq nccessary to perform the 'Work agreed to be done hereunder
and that CITY relies upon tl"te ski 11 of CONSULTANT to do and perform
the 'Work in the most skill ful manner, and CONSULTANT agrees to thus
perform the 'Work'.. The accept.ance of CONSULTANT's -wo·rk by CIT,{ does
no·t operate as a release of CONSULTANT from said obligation ..
SECTION 20 -, .w,A,IY~F.s.
The waiver by either party of any breach or violation of
any term, covenant .. or condition of tbis Agreement or of o[lY
provision .. ordinance, or law shall not be deemed to be a waiver of
any other term, covenant, condition, ordinance,. or law or of any
subsequent breach or violation of the same or of any other term ..
covenant, condition .. ordinance, or law. The subsequent acceptance
by either party of any fee or other mon~y which may become due
hereunder shall no·t be deemed to be a 'Waiver of any preceding
breach or violation by the other party of any term .. covenant, or
condition of this Agreement or of any applicable law or ordinanc~_
No pa)"'ment., partial payment., acceptance,. or partial
acceptance by CITV' shall operate as a 'Wa iver D·n the part of CITY of
any of its rights under this Agreement.
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The.p..r.~v~il ing pa.rty in any action brought to enforce
terms of this Agreement or arising out of thi s Agreelllent
recover its reasonable costs and attorney fees expended
connection vith such an action from the other party~
SECTION 2_3 -NOl:fPISCRlJlll:,INATIONj PENALTY
23.1 DUT¥ OF CONSULTANT
the
may
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No discrimInation shall be made in the employment of
pe:s~ns under this Agreement because of the race, color, national
or~g1n# ancestry. religion or sex of such person. If the value of
this Agreement is# or may be, Five Thousand Dollars ($5,000) or
more. CONSULTANT agreps to meet all requirements of the palo Alto
Municipal Code pertaining to nOndiscrimination in employment and to
complete and submit the ~Compliance Report--Nondiscrimination
Provisions of City of palo Alto Contracts· on the form furnished by
CITY.
CONSULTANT agrees that each agreement for services from
independent providers shall contain a provision substantially as
follo'Ws:
·PROVIDER shall provide CONSULTANT ~ith a
certificate stating that he (or she) is cur rently in
compliance with all Federal and State of California la~s
covering nondiscrimination in emploYlllent; that he (or
she) will pursue an affirmative course of actio."1 as
required by the Affirmative Action Gll ideI ines of the city
of Palo 'Ito; and that he {or she) will not discriminate
in the employment of any person under this contract
because of race# color~ national origin, ancestry. sex or
religion of such person.-
23.2 PENALTY" FOR DIS-.GRIMINATION
If CONSULTANT is found in violation of the: nondiscrimina
tion prov1s1ooS of ~e 'State of california Fair Employment
Practices Act or similar provisions of federal la~ or executive
order in the performance of this Agrecmcnt~ it shall thereby be
fou·nd in m~terial breach of this Agreement. Thereupo.n. CITY shall
have the po ..... er to cancel or suspend this Agreement. in -whole or in
part, or to deduct from the amount payable to CONSULTANT the sum of
Ttienty-Five !)c)llars ($25) for each person for each calendar day
during ~hich such persen was discriminated against, as damages for
said breacb of oontract# or both. Only a finding of the State of
California Fair Eln-ployment Practices Commission or' the equivalent
federal agency or officer shall constitute evidenc~ of a violatIon
cf contCdct under this section.
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If CONSULTANT is found in violation of the nondis
~rimination prov~s10ns of this Agreement or the applicable
affirmative action guidelines pertaining to this Agreement,
CONSULTANT shall be found in mater ia!l breach of this Agreement.
Thereupon ... CITY shall have the po'wier to cancel or suspend this
Agreement,. in whole or in part, or to deduct from the amount
payable to CONSULTANT tbe sum of Two Hundred Fifty Dollars ($250)
for each calendar day d·uring "Which CONSULTANT is found to have been
in such noncompliance as damages for said breach of contract~ or
both.
SECTION 2.4 .. -ARBITRATION
Upon agreem.ent of the parties any -co-ntrove.rsy or cl;:!: im
arIsIng out of or relating to this Agreement may be settled by
arbitration in accordance .... ith the Rules .of the Aroerican Arbitra
tion Association.... and judglnent upon the award rendered by the
Arbit.rators may be entered in any court having jurisdiction
thereof.
SECTION.2S -NgTICES
All notices hereunder shall be give.n in writing and
mailed l postage prepaid p by certified mail l addressed as follo~s:
To CITY: office of the City Clerk
250 Hamilton Avenue
Palo Alto, CA 94303
To CONSULTANT.: Attenti.on of th~ PROJECT DIRECTOR
at the address of CONSULTANT recited above
All provisions of this .Agreement are expressly made
conditions.
SECTION 27 -AGREEMENT CONTAINS ALL
UNDERSTANDINGS 1. AME.N Dt1.~T
This document rep·resents the entire and integrated
agreement betveen CITY and CONSULTANT and supersedes all prior
negotiations l representations, and agreements, either written or
oral.
This document may be amended only by vritten instrument ...
signed by both CITY and CONSULTAN'f.
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SECTION 28 -GOVEP).i.INC; :u.W
This Agre€ment shall be 90verned by the la .. s of the state
ot: California.
IN WITNESS WHEREOF, the parties hereto have executed this
Agree~ent the day and year first above ~ritten.
ATTEST:
City Clerk
APPROVED AS TO <'OPM:
Assistant City Attorney
APPROVED:
Director of Planning ,
Community Environment
Oirector of Finance
Attachments:
EXHIBIT "A-:
EXHIBIT illS":
SOO-PE a F WORK
FEE SCHEDULE
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CIT¥ OF PALO ~LTO
ASsistant City Manager
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EXHI811 'A'
SCOPI OF WRK
The Scope .f Wor~ is designed to facilitate the development of a set of
voluntary Goldelfnes specific t. Palo Alto t~at will assist homeowners,
designers, and developers f~ designtng new sfngle·fam1Ty houses and add1tfons
te exfsting sfngle·famil, ~ouses fl Pala Alto.
The cons~ltant sball prlmarjl, ~ork with a ~uidelfnes Preparation Committee
(the ·Committee-) to be composed of one representative each from the City ~f
Pil0 Alt. Phnnlng C .... ,sslon. Arc~itectu .. l Review Board and ~istoric
Resource Boar~ and two staff representatives fro~ t~e Planning Di_ision.
(onsiltants ~ort elements under t_fs scope of work s~al1 include:
I. Review fites ind all related documentation fro~ 1989 City of Palo Alto
I-I sfngle-famllJ stJbcormittee, R£ Residentiill Estate Distrfct
Regalatfons and R-l Single-famil, ReSidence District Regulation
amendments" fncludfng the report of the Ad Hoc Ci),mittee on R-l lonin9~
for 6irectfons and observatfons is to these elements that s~ould be
addressed h iii guf-deline fOri!.
2. Attend one (1) ioiti.l meeting of the Commlttee to disc,ss items that
shQuld be lncluded in the Guide1ines on relevant single-family design
issues and review of the fifteen Palo AltG nelghbo~~oo~s identified
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during the proce,s of c~.nge, t. the RE Residentl.l £st,te, District
Reg.,.tlons .nd i-I Single-faml" ResIdence Distr;ct Reg.,.t;ons_ Toi,
meetln9 wIll coordInated and set-up by City st.ff_
3~ The Consijltant and the Committee s&all concur OD elements and areas to
be ajdressed I. the Guidellnes_ The followIng items shall be re,i.wed
by the cons.lton! for possible incl.,jon_ Additional items m'1 be added
.s directed by Cltl staff or the Committ.e_
A_ Identification .f tradilional arc~lt.ctur.l stIles i. P.l. Alto
,Dd sugge,tlons for how t. modlf1 or add-on '0 • compatible vay
wit~ existfng st,les~ suc~ as bungilow~ ~ditErranean, ranc~
ffchler, Tudor~ Jietartan. frenc~. colonial, s~in91e. modert •
. estate and others; and consfdering the fifteeR ident1ffed Pal~
Alto neighborhoods_
S_ The effect on residentl., design of c.thedr.l ceiling" blank
Wi11s. deta1ls. desIgn relief and material qualit1.
C. ~efghbgrhood patterRS S~~ as setbacks, locatfon of garages,
de5ign of porc~esl promjnenc! of (roDt door entrfes, preponderance
ef one-or two-story houses l hefght and type of foundatfons. and
st)l •• nd helgbt of roofs_
0_ landscapfng elements sue' is street trees, street lighting,
greeRscl~e, hardscape, signfffcant trees, plantl~Q strips,
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pedestrfan paths, sfdewalk5. and fdenttficaticn of ways fa w~ic~
trees can be retalned.
E. Pri~a~y issues to abutting neighbors suc~ as location of ~indo~.
balcQnfes, driveways1 outdoor ~se areas, etc.
f. Appropriate use and desfgn of fences to allow for priwac1 wnile
mal~ta1n;~g the stre!tscape and respect fer neighborhood patter~s.
s. Additional elements that effect the nefghborhood suc~ as cottages,
flag lots, antennas, curb cuts, colors, materials, solar
cDlr~ctors, flood ,1.;. issues and any other elements identified
by the Committee.
4. Prepare prelfmfnary draft of the Gafdellnes wfth an out1ine ~f the
content, a ro~h draft Qf the text, i listing of proposed grapbics
(:once,ntratlng on illustnthe, usn, read drawiD9s SiJc'h as -do and
don~t~ drawiogs~ and i sample If the proposed graphics. The preliminary
draft s~all be r~vie~ed by the Committee at i public ~eetfng •• hfch
consultant shall attend.
s. Prepare a fin,l draft of the Go;del;~es incorporating comments on the
preliminary ~rift from the committee and the public. Pro~ide i more
complete text, list of all grap~ics a~d additional grapbic drawin9s.
final draft shall be revie~ed at a~ ad~ertised public ~eetin9 to be set
up by (it, staff and .tten~ed by the cons.lt.nt. Tbe ~ocument will olso
JG/1990/~SFCONATT
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be revtewed by the ~jstO~l' Resource Soard, the Arc~itectijral Review
Soard and the Planning Commiss!on it regularl, s<heduled Soard and
Commission ~eetfngs. Consultant s~all be required to attend oDly the
'lannfDg (omm1ssion meeting.
Prepare t~e final docume~t including graphics, to be su~mltted for (ity
{o~ncil review and approval. CQn5~Ttant shall attend the C~uncll
meeting ~eR the Council reviews the Gaide1ines.
SCHEDU!.E
Preparation of the Guidelines including III citl reviews s'hall be cOlTlp1Eted
wit~;. approximate1, seven (1) moDt~s fro~ date of contract.
I. IailiJl revfew sf files and background data
2. Preparation Qf prelimi~ar1 draft and first public
meeting
3. Preparation of final draft and second pubtic meeting
4. Review by Boards and Commission
5. Preparatfon of final document and review by (ouncil
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1 lIonU
2 monns
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Review of zonl~g, and recommended elements to be
addressed fa Guid~lfnes
I~itial meeting witk Guidelines Preparatfon Committee
(set up by C;ty staff)
3. Develop list of elements to be included, with
Committee's input and app~ovil
4.
s.
1.
Prepare prtlim;~arl draft of Gui~elines, ;nclu~ing
text and gfapb1cs and re~iew .it~ tomrnlttee and public
at • public meeting (set up by C;tJ st.ff)
Prepare ffnal draft 0f Gaidelines w;t~ complete text
and graphics; h&~e prelimi"ary re~i~w ~it~ t~fdelines
Preparation Committee at ~ public meeting (set up by
Cit} staffJi ~ave final review -nth Historic Resource
Board. Arc'itect~ril Review Soard, and Planning
(ommlss;o~ ~t regularly schedyle4 meet\ngs Qf the
Boards and Commlssion
Prepare final ~cument for Cit, Council review and
approval
Prepare approved, -carnera-ready~ document to City fo~
reproductJ.Il"
TOTAL
IZ,OOO
1,500
3,000
a,DOD
a,ooo
!,500
LOOO
125,000
[ac~ dr~ft and document submittal shall include seven copies prepared at
consBltant expense. Any additio~al copies required ~11 be made by t~e Cit}
starr .t City's expense.
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STATEMENT OF SERVICES
The Scope of Work in the RFP. items 1 through 6, is. an ucenent outline of the tasks
,,'ruch need \0 be accomplisbed. Our Scope of Scrvices would complete 3D of the 0,,4
including consideration of items A througb G tinder item 3.
M<>lbodology
Preparation ""ill include text and graptlk"S ror review by the Guidelines Preparation
Conunittee, and any ether concerned group which ts identifIed fO£ consultation by the
CommIttee. We believe that tbe follov.'ing process 9<i11 be most efficient:
I. Early creation or a complete mock.up or (he fiaal ~idelines.
This mock-op would enumerate an of the areas v,:hich need to be covered
and provide a kind of agenda t:oc future input. This mock-up Wlll tl5e lJr'hat
is known at present. identify "blanks-, and 'Vrill -encourage comment and
reaction.
2. Providing detail and preparing d'rsfts.
The drafts.,. com.mittee reu'4's, and illustration-or.,. 'Vroill tnen fiH out the initial
mock-up. This lVil1 make it possible to con..skkr individual -elements of tile
guiddines separat-ely and also to u[)Q.erstand how eacb relates ~o the whole.
3. Public Comment and Input.
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The budget is fairly constrained and does nor imply it lot -of time ror public
inpu,t beyond the public reviews described in the Scope of Vlodt. However.
it is useful and probably necessary ~o ask various cittzens to re.few tbe
guidelines, incTuding neigbborhood groups. developers, architects, and
community activists in order to achieve understanding of and 5UPport ioc
the Guidelines.
\Ve would ",'ork with Pianning Department Staff and the committee to
determine bow much public review is appropriate, onderstanding tbat it
should meet the budget and 5dJeduJe comme~surate v.ith achieving public
support for the-document
PuNk invoivement migbt include a workshop to introduce the drah
guide!ines. foIlowed by seeking commentary on aU of the drafLc;. We have
found that individual meetings with key people and pubbc groups can be
useful and time-saving. and would recommend a series of small meetings
in additioD to the large bearings. outlined in the Scope of Vlork
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4. Cnsting clear .. easily mnderstood illustrations.
Simple. unarnbigtJoL1S diagrams are diff"~Tt t-':> create. Illustrations must
be user-tested by technical and non-technical people to insure that they 1l'l.11
be clear 2nd Wlll achieve the results intended. Many non-technical people
must be assured mat the guidelines ... ill giv~ them the protectIon they seek
Gu1"delines are necessary 10 g'ive planrrlng officials the abillty \() Ieject bad.
desi'gn. However, if wdtten inflex.ibly, they can prevent good desl'gn. The
higgest chanenge in writing and aOOpting design guioelines is t? allow for
fle..n'bility whIle provid'"mg control CJ\o·er undesirabJe features.
Witb respect 10 style, it is important th'll the guidelines suggest good
design practke and not simply cDcoUfage builders IQ tack decor-ation 00
boxes.
Hood Miller has had iI lot of experience in reviewing design guidelines in
many dIfferent projects. and have particularly v.'-at.ched the evolution of San
Francisco"'s Restdentia1 Design Guidelines since 1979. Our experience in
seeing wbat bas worked wen and what :has not lIro'ould be of cdtkal value
in creating a set of unique guidelines appropriate for Palo Alto.
S. Defining Neigboo('hood Oaracter and Iasuring tl!.at it ",iIl be continued.
The fact tIlat Palo AltO bas already identified and distinguished 15
neighborhoods will make preparation cl the Guidelines much easler. The
object will be to build upon existing documents.
Some of tile .. ~eighborboods will obviously be mud! mo" dependent upon
historic chara.ctet than otbers, and tbese will prObabJy need stricter controls.
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ORDINANCE NO.
ORDn~ANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
AMENDING THE BUDGET FOR THE FrSCAL YEAR 1990-91 TO PROVIDE
AN ADDITIONAL APPROPRIATION FOR CONSULTANT SERVICES TO PREPARE
SINGLE FAMILY RESIDENTIAL DESIGN GUIDELINES
WHEREAS~ pursuant to the provisions of Section 12 of Article
111 of the Charter of the city of Palo Alto# the Council on June
la~ 1990 did adopt a budget for fiscal year 1990-91; and
WHEREAS .. it 'Would 'Well serve the public to have a comprehen
sive document of recommended design quidelines for siting,
additions, architectural styling and preservation of single-family
neighborhood character specifically fer the city of Palo Alto; and
WHEREAS, additional funds would bave to be incorporated in the
Planning Depertment budget to accomplish this need;
NOW .. THEREFORE, the Council of the city of Palo Alto does
ORnArN as follo~s:
SEC'l'ION 1. The sum of T" ... enty Five Thousand Dollars ($25,O()·Oj
is hereby appropriated to Ccntract Services in the Special Studies
Program of the Plannir.g Division .. and the Reserve for Capital
Projects is corr-espondinqly reduced_
SECTrON l-This transaction wi 1 I redu-ce t_he Reserve fr01ll
$4 .. 316 .. 65a to $4 .. 291 .. 65a as of June 30, 1~90~
.§.~ION __ I. The Council of the city of Palo Alto hereby finds
that the enactment of this ordinance is not a project under the
California EnviroruJlental Quality Act and, therlf:::fore, no environmen
tal i~~act assessment is necessary~
SEC'TIO~......!.
Municipal Code,
adoption_
As ~rovided in Section 2.04.375 of the Palo Alto
this ordinance shall bec~e effective upon
INTRODUCED AND PASSED:
AY.S:
NOES:
ABS'l'ENTrONS:
ABSENT:
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ATTES1': APPROVEO,
(:it.y Clerk Mayor
APPRoVED AS TO FORK:
Asst~ city Attorney
city M"ana,ger
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