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HomeMy WebLinkAbout0505.000j I I - ~ . .... . .... ,' , o September 13, IS90 HONORABLE tlTY tOlfflCIL F.l. ~lt., (.llforo!. o 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 00:5OS:0 'L-. ---,.~~ .... -.... > .• , . . - .. " . I I , 1 (-' ., I I f < , j<'-••• ' '.' • '_-' \ l " \ \ \' , '-'-. 1 '~ I , j 1 I ·' .... -, , o o ~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 OIR: SOS:~ ~! .J "'1III@lI!I-r-'I""-_.--- 9/1l/90 -2- • .. - , . / o o 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~ i ·::=·L·"····-· ----.---_._ . I,,' ,'. ~ -- • : '-~ ; -.- ; ,. o o 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-. 2 9().1'lj 0 'r1.k 001011'1 • \. , , - -, • i I -I I ; I j • I 1 I I - / o o 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 3 !/OO910bd.; (X1201/9 • "~"~'; .. . ~i}'i_, \:' . \ , , i ~ i ~ 1 I . ~ -.. o o 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. 4 • \ , j i I I i 1 I .. ... - "- / 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 5 ~ 1 J 1 ". I , . , - " . 'j. -. ,; ,;..~.:.,.;:n""~_~~_·""~"...!!'j&J:tLlinl'l1 ~-~r;;..~_ • .e,~"" o o 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. 6 • • " , • \. , I I I . ',: j 1 -- . - - -. -" --' '. / o o 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. 7 9009101>11.: 00;'011',1 - • ! -",-' -.:~" , • ~ .. ! 1~l¥5'> I <~ • I " .. ~' .':;~s···:· f • '_:' ~ ; '1 ;f ] l , • i - 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~ 8 ~IOI>d\;OO20i"'" L • \- , ;,'f' - / o o 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. 9 9CXI'lIIO hd<-00101 79 . ,~ .. I::~~~~~C,_~; .""";- - o o 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 in 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. 10 , ,', .. -.. _-.." • • : . , \ \ \ -: --.':'" -'/~~: .. ~.' . .~.:" " .. ;.-.- o o 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. 11 .. ;;..~_ •· .... c_·_ ~\~~,~; .. , . - • \ ,:-.. I ! - " / o 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 12 ...,.---, -,~ "~-.- CIT¥ OF PALO ~LTO ASsistant City Manager "­, • , f. -: . , . .' '1 'I 'II . l ~ .... ; \ '. o o 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 JSj1990j~SfCONATT -. '. , • o o 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, JG) J 990/A/SfCONATT ---,.....,=-:------" ----" '-"--- • -' "- - o o 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 6. , . o o 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 JGjl990/AlSfCONATT 1 lIonU 2 monns l tOOntlq;s 1 .ont~ 1 mont~ • ·- - I. o o HIIIIIT '8' 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. JG/1990/A/SfCONATT "."~~ f f ~ , } , t:. ~ .- ~" [. Ie r .. ; c· -'''"'-~- ".!j~ ........ ~ "'. o o 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. . 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 • - . . o 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. • , .... d t t .. . .-.. o o 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: -'- • ", . '. • • --o o ATTES1': APPROVEO, (:it.y Clerk Mayor APPRoVED AS TO FORK: Asst~ city Attorney city M"ana,ger 90-l. 5 -L:. _M .. . .