HomeMy WebLinkAbout0349.095, -ۤ
City of Palo Alto
City Manager's Report
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TO: H01'llORABLE CITY COUNCIL
FROM: CITY MANAGER DEPARTMENT: PLA1"iNING
AGENDA DATE: July 14, 1995 CMR:349:95
SUBJECT: DowntOWll P&rlcing Stru..,"ture Feasibility Study-ApprO\llil of
Consultant Agreement with Watry Design Group
REOlJESI
CoonciI is requested 10 approve an agreement between Watry Design Group, a consultant,
and !be City o(PaJo Alto. for !be Downtown Parking Structure Feasibility Study.
RECQMMENDA nONS
Staff recommends that Coonci!:
I. Approve the attached consultant agreement with Watry Design Group, in the
amotm! 0($70.000.10 conduct the Dov.-mown PaOOngS!ructure Feasibility Study.
authorize the Mayor 10 execnte the contract; and
2. Am1lorize the City Manager. <lC her designee, 10 negOOale and ex~ute amendments
for sernces that occur during the project, related 10, or incidental 10, the scope of
work; the IOta! valU<l ofwhich amendments shall oot exceed $7,000.
POLicy IMPLICATIONS
The cecommendalion in this report is ronsistenl with existing Comprehensive Plan
Transportalioo Poli<:y to: Reduce employee or commuter parking in residential
neigbborboods. It is also consistent with recommendations from the 1986 Downtown
Study and the recently completed Chamber of Ccrnmerce/City 0( Palo Alto Downtown
Multi-point Parking Program.
EXECUTIVE SUMMARY
The Policy and Services Committee identified this study as a proj~1 for which it would
like 10 review !he draft scope 0( wcd: Irior 10 the start 0( the coosultant selection process.
The committee reviewed and -WOyed the scope ofwod:: on March 14. 1995 .
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Following !be Policy and Services Committee approval. a request f<Jf • Letter of Interest
and Qualifications was mailed 10 20 coosuIlants on March I 7_ These _ fim6 were identified
either from consultant fiks maintained by the fmnsportation Div;s;oo or ... ia mterest
letters re«ived from firms, which had been made aware of the project through a
marketing service that researches and then advertises socb projects_ Of l1jose 20
COIlSll!1anU, plus some additional inquiries, 19 «>nSUltant firms formed five consulllL>t
teams which responded witlI Letters of Interest and Qualifications. On ApriJ 7, 1995, •
Request foe Proposals (RFP) was m311ed 10 all fj-;e tearns. The proposals were due 00
May 9. Oflhose five teams. four teams submitted a proposat The fif\h leam declined to
submit a proposal because of wbat they considered a constrained budget for the study.
Based 011 a review of the written proposals by the Project Study Committee (PSC), tP--ree
coosu1tanls were selecte<! f()( oral mtemews on May 25_ The PSC, which staff formed
10 assist with the coosuItant sekctioo process, as well as 10 review and commell! on the
coosuItant's work at various stages of the study, is comprised of the fuIlowing members:
Chop Keenan. Downtown property owner
RoX)' Raw, Downtown property O\\1ler
Jolm Baer, Downtown property owner
Georgie Gleim. Downtown business owner
Julie Maser, Architectural Review Board Member
Ytetor Ojakian. Planning Commission Member
TlIll 0 111"000, Planning Department staff
Tml Hanington. Public Worb Departmell! staff
Ashok Aggarwal, TranspOOatioo. Division staff
The PSC, by a majority vole, selected WalIy Design Group (Walry) as its first cooke
ba..«ed upon the fum's Wlderstanding of design. efficiency, cost, and issue;; relaled to
mixed use concepts; as wen as the make up of their team and the leam' s inoovati veness
in design. Watry's original price 10 conduct the study, as included in the proposal, was
$89,76(). However, staff was ah!e '" negotiate. 6naI price of S7Q.ooo, without adversely
changing the scope ofw""'. The negotiate<! price ofS70.ooo with Wally;S within the
oost range of $70.200 and $69,970 submitted by Ih<: other two consultall! teams_
Based 00 experience in cooducting a sinular study for the California Avenue Assessment
District. staff is requesting approval ofS1,ooo (10%) in wntingencies for related, but
unfureseen. expenditures. such as adc!itional meetings. or alternative plans and ren<!erings_
The Project is organized into two phases. Phase I, which is the subject of this staff
report,. iOcuses 00 the feasibility and scbematic design; and Phase 2 will focus 00 the final
design. coostructioo documents, and contract administration.
While Watry Design Group was selected fur l'I1= 1. the COI1SIlltmI selection process also
itN;lIIded consi&eratioo of the consu1tanrs ability to provide services for Ph:lsc 2. The
attached agreement willi Watry Design Group in tile amount of $70,000 covers services
required only foe Phase I. such as commuruty involvement. sile review. psrlcing needs
analysis. conceptual designs. financial analysis, and a reconuntnded plan. At the
conclusion of Phase I. j( C:>wieIl ~ides 10 proceed "illi Phase 2, and S\.>bject to the
quality of Ihe wOO: and continued suitability of Watry Design Group, tbe consultant may
be invited 10 negotiate foe Phase 2. Subsequently, a final contra<:t foc Pbase 2 would be
brought before Council for appcoval al a later date.
FISCAL [MPAc(
FUDding b-Ihe Downtown PadciDg Structure Fe3Slbility Study. in the amount of $80,000,
is included in the 1994-95 OIpital Improvement Program (elP 1119530).
ENVIRONMENTAL ASSESSMENT
Approval of a consultant agreement to perform a feasibiuty study is not considered a
project under the Califurnia Enviroomental Quality Act; therefore, DO environmental
assessment is required.
ATIACHMENTS
I. Agreement between the City of Palo Alto and Watry Design Group
Prepared By: Asbok Agg"dlWai, City Traffic Engineer
DepartmenI Head Review: ~ruA' a. R. Sc:.t •• ;~
iErn R. sdiRErnER ot
Director c{ Planning
and Commuruly En virooment
City Manager Awoval: ~£\~
Assistant City Manager
ce: Project Study Committee
Susan Frank. Chamber of Ccmrnerce
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ATfACHMENT 1
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PROI'BSSIOIIAL IDlGnlBBIUliG ~Stn.TAII'r SBltVrCBS
BIIT1f8I!III T!IB CITY 07 PALO ALTO AND
WATRT IlBSIGK GROUP POR 00WIiT0W!i
PAlUCDlQSTP.t1C'1VU I'KASrBILITY STOOl'
THIS AGRERMBNT, made and entered in·to this day of
4 1995, by and between tbe CITY OF PALO ALTO. ;J.
mu=C~n~!~c~i~pa~l'-~co~rpo~~r~atioo of California, hereinafter referred to as
·CiTY.· and liATltY DESIGN GilOO? (Taxpayer ldentificatic>n
No. 94-2302782). a california corporation, with offices at 15~
Fashion Island Boulevard. SUite 200, San Mateo. CA 94404,
hereinaftez referred to as 'CONSULTANT-;
• J T )J IE S S lor ••
'h-'"HEREAS. CITY desires-certain. profeesional consultant
services hereinafter described; and
WHEREAS, CITY desires to engage CONSULTANT to provide
these services by reason ot its qua1ificatloas and experience for
performing suc..'1 services and CONSULTANT h.e.s offer~ to. pro-Ifide -the
requir~ services on the terms and in the manner eet forth herein;
trow. THEREFORE. in oonsideration of ~heir mutual
covenants. the parties he,eto agree as follows:
$ BCt'TON ) -pRFDfITIQN$
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callforoia ..
The ter.m ·CITY· shall mean the City of Palo Alto,
1.2 CITY MANAGER
The term ·City ~ger-shall mean the duly appoin·ted
City Manager ~f the City of Palo Alto. calIfornia, or his or her
designated representative. -
1.3 CITY ('I.BFif
The te~ ·City Clerk-shall mean the duly appointed City
Clerk of the City of Palo Alto. California, or his or her
designated representative.
1.4. RISK K!.NWBi
The term. -:Risk Manager-shall mean the duly appointed
Risk Manager of the City of Palo Alto, calIfornia, or his or her
designated repr~s~ntative.
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The term ·project-shall ntean the ssrvices and
~roveruent8. it anY6 described in Exhibit -A· entitled -scope of
projec~,. attaChed hereto and made a part hereof by this reference.
SSCTIQN ? -?BolSCT COQRPlNATIQN
2.1 an:
The city ~ager ~ll be the representative of CITY for
all purposes under tbis Agreement. KU.VIN OVERWAY hereby is
designated as ~be Project Manager for the City Manager and he or
she shall supervise the progress and execution of this Agre~~nt,
and shall be assisted by ASHOK ~6 the Project Engineer.
2.2 lXlNSm.T!.NT
CONSUL~ shall assign a single Project Director to bave
overall responsibility for the progress and ex.ecution of this
Agreement for CONSl;,.'"LTAN1". NicholaS'. WatIY hereby Is designated as
the Project Director for CONstlLT~~~ Thomas Towey shall be assigned
as t.he project Coordinator fer CONSUljT~'"'l' and shall represen·t
CONSULTANT during the day·to·day work on the projsct. ShoUld
circumstances or conditions subsequen·t t.o the execution of this
Agreement require a substitute Project Director or Project
Coordinato~ for any reason ~he Project Director or Project
COOrdinator designee shall be subject to the prior written approval
of the Project Manager.
SRCTION , -gropE Qr PgOJF.CT
TIle scope of the Project to be executed by CONSULTANT
is desccibed in Section 4.
-SBCTIQlf" -.QV'I'IR$ OF roNSJJLTANT
This agreement -covers the Scope of Services to be
provided by the CONSULTANT fo~ Phase One of The Dovnt~n Parking
Structure Feasibility Study.. which project is now under
consideratlOD~ The purpose of phase One Is ~o devel~, evaluate
a.nd submit a recarmeodation to the City Ce>un<:il regarding the
financial aspects 6 as veIl as the best physical arrangements of
parking st~~cure'e) within downt~ Palo ~to Assessmen~ District.
Opon completion of Phase One ~ork. Council will decide whether to
proceed wit.h t.he final design and constru-ction of a parking
structure.. including tbe formatiO!1 of a. new parking assessment
di.~rict to finance such a project (Phase Twol.
If Council makes an affirmative decision to proceed with
Phase Two ",,>;["k. and subject to the discretion of the City'S P20JSCT
~ER regarding ~he quality of the work performe~ and continued
suital:>ility of the CONSULTANT. the CONSULTANT will be invited to
negot.fate tor Phase 'IWo york. A final contract tor Phase Two would
subsequently go to COuncil for their approval.
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C.l SBRyTCi$ TO ax ElZSNISHED
{a} CONS~~TANT shall provide, without limitation,
all services r labor expertise r and material necessary to a~~lish
the complete Scope of Services for this project as described in
.Exhibit -A-. which is incorporated herein by this reference ..
OORSULT~~ shall accomplish the services described in Exhibit 'A'
according to the "Time Schedule as described ia Exhibit "B"_ 'Which
is incorporated herein by this reference.
0» CONSULTANT shall coordinate the work with CITY
to ascertain the r~~ireoent9 of t~e Project and shall confi~ su~h
requirements to the Project Engineera
ec} CONSULT~ shall attend a min1.muIa of twelve
meetlngs.
Cd) CONSULTANT shall submit eleven copies of each
task report as well as final drafe report and final report.
(el ;Jpon completion of sexvices, CONSULTANT shall
turn over to t.he CITY any and all copies of studies" sketcbes_
drawings, C<:lI!i>Utations and other data prepared by the CONSl..'LTANT or
loaned by the C~TY during tbe course of the study .
.... 2 GENERAte oorIgs OF CQNStu/TAN'r
4.2.1 CQNSULTAUl' represents t't..at it has t.he
expertise and professional qua1ifications to furnish ~he services
de$cribed under this Agre~nt. CONSULTANT further declares that
one or more members or employees of Its finn and that of its
~tants# if any# are licensed by ~he State of California to
perfo~ their ser~ices. if required~ and ~bat these services will
be performed by them or under their supervision. CONSULTANT shall
fu.rnish -to CITY fo-r approval, prior to execution of this Agreement.
a list of all firms or corporations to be employed as
subconsultants.
4.2.2 OONSUL~ANT states that it is aware of the
requirements of the federal Americans with Disabilities Act of 1990
and the GoVernmeDt. COde and tbe Health and Safety COde of the State
of california. relating to access to public buildings and
accOImIOdations tor d!sabled persons .. and relating to facilit{es for
disabled persoos. ootISOLTlINT shall use its best efforts to comply
with 0<" ensure by ito advice that CITY's canpliance with the desig!l
standards and guidelines of ADA and Title 24 of the California Code
of Regulations will be effected pursuant to the terms of this
Agreement. If no express standards or guidelines e.x.ist r then
OORSt)J,TANT shall obtain the consent of CITY as to any proposed
design before incorporating the same in any work or produ~t for
which ~TANT is Obligated ~o pertor,m or create.
".2.3 CONSULTANT shall furnish CITY witl!. every
reasonable opportunity for CITY to ascertain that the services ot
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CONSULTANT are beIng performed in accordance with the requirements
and ln~entioas of this Agreemeota
SECltQN 5 -QllI't&S QF CIT(
5a1 CITY shall provIde full intormation regarding its
requirements for the Project.
5 .:;1 CIT! shall eo<amine documents subni tted by OONSULTAN'I'
and shall render decisions pertaining thereto promptly~ to avoid
u,nreasonable delay in tbe progress of CONSULTANT' 9 wade
5.1 CITY shall furnish final record drawings for the
Parking Facilities. PowDtown Land vse and Transportation Study,.
1.986 aerial maps .. at a scale of 1-,. 10'0 I of the downtown area ..
Downtown Urban Pe31gn Guide and the latest assessment roll for the
downtown aseessment district. CONSULTANT sr~ll be entItled to rely
upoc the accuracy and completeness thereof. CITY recognizes that
it 1s impossible for CONSULTANT to assure the accuracy~
completeness and sufficiency of ~~ch info~ation. either because it
Is impossible to verify .. or because of errors or omissions wl'1ich
may have occurred in assembling the information CIT'"! is providiDg.
5.4 :If CITY observes or otherwise becomes aware of any
fault or ~fect in the Project or nonconformance with the cont~act
documents .. CITY to the extent it is tea9ible CO do so sball give
prompt written notice thereof to CONSULTANT a
SECTION 6 -PAYMgNT
Payment shall be made b'f CITY only for services rendered
and within thirty {30J days of submission in triplicate of monthly
progress payment requests. EaCh invoice shall be itemized as to
the t.ype of pay:ne:c.:t __ <.1~scribed in this section.
6.1 mwsrn,T"NT I S FiRS
In consideration for the full perfo~ce of the Basic
services and Reimbursable EXpenses described in Section 4. i and
6.1.5 of this Agreement .. CITY agrees to pay CONSU~TANT a fee ~ to
exceed seventy thousand dollars ($70~OOO) for Phase Qne a At the
conclusion of Phase ODe and subject t.o Council decision to proceed
with t.he final -design and constru~tion of a parking structure and
at t.he discretion of the Program Manager.. CONSULTANT will be
icvited to n~iate for tbe design and const~lction stage for a
not~ to-exceed fee Which will be based oa t.he esti:nated value of
work resulting from Phase Cae.
The alnOI..mt. of CCNSUL'X"A.."fT1S compensa"tioo shall be
calculated as set forth in Exhibit. ·ell' .. entitled -.Rate Schedule and
payment Schedule-. attached bereto and made a part hereof by ~hi8
reference .. on a time and materials basis. up to th~ maxUnwn amount
set f~th in this paragraph 6.~.
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~.1a1 For Extra WOrk Qr ChaagfS. Payment for
extra "Work or changes in the-'Work not initia.ted by CONS'lil/!.Pr.NT and
authorized in writing ~ tbe Project Manager s~all be ~de within
tbirty 00) days of submission by CONSULTAN'I' of a statement in
triplicate of itemized c:'osts covering such 'Work. prior to
commencing such extr~ vor~ or cbangea~ CONSULTANT and CITY sba11
a.gree upon an estimated not~to-exceed cost for such extra work. In
no event. shall CONSULTANT be paid for design work or change order
preparat.ion ~hi(:h is necessary because of CONSULTANT's errors or
averslgbts.
6.1.2 CAlculatipo gf Pirect. PeTSOnne' Expense.
Direct persQr~l expense of employees engaged on the Project by
CONSULTAN'r shal.l. include only tbe work ofax'cbiteccs .. engineers,
deBigners~ jOb ca~a!ns~ draftspersons~ specification writers and
typists, in consultation, research and desigo~ in produ~iog
draw1ngs~ specIfica.tions and otber documents pertaining to the
Project. and in services during cOllBtru~t.ion at the site. Included
in the cost of direct persoocal expense of these employees are
salaries and mandatory and customary benefits such as statutory
employee benefits, insurance, sick leave, holidays ar4 vacatioos l
pensions and similar benefits.
6.1~3 Reima1Teab1e RaPensee. Consultantls Fees
(6.1) includes all the expenses including but not limited to the
following expenses and nothing extra .. -111 be paid for these
expe:ases:
{a} Expense in c~~ction with the
Project for ioog'and short distance telephone calls and telegrams
and tees paid for secu!'ing approval of authorities having
jurisdiction over tbe Project.
(b) Expense of reproduction". grapb.!cs~
postage and handling of drAwings and speclfications~ renderings,
models, computer time, etc.
, • 2 PA)'MRN7 SCHJWULR
6.2.1 Fpr Services. Payments for Services shall
be made tnOnthly in. pros'ress payment.8 iQ proport.ion t.o t.he services
perfOJ:med for each task. The final progress payment shall be made
by crn after CORSULTAN'I' has submitted all required documents and
reports.
'.2.2 Payment npon Snapensi QQ. or 1haTK'Onrnept qf
project. If the Project is suspended tor more t.ban ~hree moot.hs or
abandoned, in whole. or in part, CONSULTAN'l' shall be paid its
compensat.ion for senriees perfo~ prier to receipt. of written
ooeice from CITY of such suspension or abaDdocment. If tbe proj ect
is resumed after 1>eing suspended for DlOre than ninety (90) days.
any change in CONSULTAN'J"s compensation shall be subject to
renegotiation and. if necessary. approval by the Palo ~to City
council (t~ ·City Council·)~ If this Agreement is suspended or
terminated for fault of CONSULTANT. CITY" shall be obliga~ed to
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cOIrlpaosat.e CONSULT"m only for that. portion of CONS'ULTAl-VI"s
services which are of benefit to CllY~ as su~h determir~tion may be
~ade by the City Manager in th~ reasODabl~ exercise of his or her
discretion.
SECTION 7 -PROORRSS ANp fOMP!·RTION
7.1 g8M OF AGREEMENT; TIME IS· OF THB ESSENce
The term of this Agreement. shall c~nce upon its
execution by CITY. The work shall start immediately upon receipt
by CONSU11I'ANT of a Nocice to Proceed aoo shall be completed
diligently pu:suan-t to _ Exhibit 8 .. Time scheQo.J.le. The part.ies
hereto agree that time is Of tne essence of this Agreement. This
Agreement 8~411 terminate on July 31, 1991.
7.2" 11MB op Q?MEu::T10N OF EACH TASK
CONSULTANT agrees to po!!'rform the three major tasks
-within t.be time limits set forth under !the 'Work schedule in
Exhibit. B providedjO however, t.hat any change in ,t.he scope of
senrices NY require a re'.rised time table.
C1TY agrees
~asks to implement
Exhibit B.
t¢ exercise due diligence in performing its
CONSULTANTfs time table provided under
7.3 CITY'S REVIEW lOOl a.ppRQy&l.
Between each task of 'Wo.rk tbere snaIl exist a review and
a.pproval period by CI'M'. CITY shall exercise due diligence to
complete these tasks; however I it is recog~ized that tbe
interrelated excha.Ilge of information among CITY's various
departments and boards and commissions makes it irl'possible to set
a specifIc time schedule.. Nonnally~ CITY's estimated period of
review and approval wi.ll be furnished. t.o CONSULTANT at t.he time of
submissl00 of each task of the work ..
, .. " UTENSTDN OF TIME OF cq.pnRTION
In the event the services called tor under this Agreemer.t
are noc completed by CONSULTANT withic the time specified. CITY
shall have the option to extend the t.ime of completion. This
paragraph does ~ preclude the recovery of damages for delay of
either party.
SECTIQN 8 -CHANGES IN WORK
CITY may order major changes in scope or character of
""orkjO either -decreaSing Gr incz'easing t.he amount of CONSULTANT'S
services. In tbe event that su-cb <:hanges are ordered .. CONSULTANT
shall be entitled co full ~nsation tor all ""rk perfO<:l!led prior
to recei~ of ~iee of change. Increased compensation for major
changes shall be determined in accordance with Section 6 of the
AgreemeDtl but. in DO event shall CITY be liable for payment. unless
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the amount of such ex~ra compensation shall first have been agreed
~o in writing by CITY.
In the event t.hat .major changes a.re ord.ered pursuant to
this section .. the schedule for progress and completion In Section 7
of this Agreement.. and compensation under Section is of this
Agreement. shall be adjusted by negotiation between CONSULTANT and
CITY, subject to approval .. if necessary .. by the City Council.
SACTION i -. TERMIPTION ('i SUS PENS ION OF AGE B pM'j\NT
9 • 1 CANcBI.,.aTION' BY CONSfJLTAN'I
CONS'(]I.,TANT may t.erminate this Agreement or suspend work
on t.be project by providing thirty (30) days· lII'Tltten notice
thereof to CITY .. but only in the eve:at ot' Substantial failure of
performance by CITY or in the event CITY abandons or indefinitely
postpones the project.
Without lL~tation to such rights or remedies as CITY
shall ot:hervise have by law .. CITY may tenninate t.his Agreement or
suspend work on the Pro1ect with or without cause. by providing
.fifteen {1S) days~ vritt.en notlee thereof to CONSULTANT. or
iJmIed!ately after sut:mis8ioo to CITY by CXlN.Sut.TANT of any completed
item of service specified in Section 4 of ~h18 Agreement.
CONSOLTAN7' agrees to c:~ase all work under this Aqreemell,t upon
~ecei~ of said vritten ~lce.
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In the event ot termination of this Agreement or
suspensioo of work on the Project by either CITY or CONSULTANT as
p~ovided"hereln~ CONSULTANT sball rece1ve c~nsatloo as follows:
" (a) Compensation shall be in the amount outlined
under Sect-ion fa: of t.his Agreement" for the items of service fully
performed by CONSIILTAN'l'.
(b} For items which have not been fully completed
and approved~ CONSULTAN'l shall be compensated for the Items of
Service in an amount which bears the same ratio to the total fee
otherwise payable for the: performance of the service as t.he service
actually rendered bears to the total service necessary for the full
performance of the item of service.
ee) In DO event shall t.h~ total compensation paid
in the immediately preceding paragraphs exceed t.he paymen·t
specified in Section 6 for tbe respective items of service to be
furnished by CONSULTANT.
(d} Notwithstanding anything In the preceding
paragra.phs. upon terminatioo for fault of CONSULTANT, CITY' shall be
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c:bHgated to pay for only that pertton of the service "bieh ca.n be
iocorpcrated in the Project.
9 ~4 [)Q1'ISS of CITY NiP coNSm.TANT
opoo eermdnat!oc of this Agreement or suspension of work
00 tbe Projece by either CITY or CONSULTANT, as provided herein.
all duties of CITY and CONSlJ!.·TANT., as set forth in Sections 4. and
S ~reinabove .. shall termdnate~
SSC1'ION 1Q -mNsm..T!,AIIJ'1 S !CC'Q(INTING RSCQRDS
Records of the -[ollOYing expenses pertaining to the
project shall be kept by CONSULTANT in accordance with generally
recognized accounting principles and shall be made available to
CITY at mutually convenient times during t.he term of t.his Agr-eement
and for three (31 years following the te~inatloD of this
Agreemen·t :
(a) Direct per8onne~ expenses., including
cons~ltant expenses. (See Section 6 of this Agreement.)
S8CflQN 'J a OWNERSHIP Op pogIMENTS
11.1 OWNERSHIp Of' 08JGTNU, IX)C'QMRNT;5
Subject to the prOVisions of Paragraph 1~.2 below. the
Qriginal drawings,. maps~ plans. designs" records of survey. work
data... specifications,. and any ocher documents prepared by
CONSULTANT in the performance of this Agreement. although inetru
mente of pr~fessional service. are and shall be the property of
CITY vbeeber the work tor which they are !fade is performed or not:.
11 ~ 2 TRANSFER 1'0 CITY
Upon termination under Section 9 of t.hls Agreement and
upon CITY's payment o·f the amount; required to be paid under same
section. the originals and all drawings. calculations.
specificatiooa and any similar documents shall become the property
of CITY. and roNS:VLTANT 8baII transfer t.hem to CITY. upon request"
without additIonal -compensation. CITY shall have the ri.ght to
utilize any completed or uncompleted. drawings. estlmates ..
specifications,. and any ~her document.s prepared. hereunder by
CONSULTANT. but CONSULTANT disclaims any responsibility or
liability for any use. alteration or modification of such
documeo·te.
SRC1'ION 12 INTER SST OF CONSUl ,TANT' CONSULTAtfl'
INnB olOO)RNT op CITY
In accepting this Agreement. CONSULTANT c=enants that it
presently l"".as no interest" a.nd shall not acquire any interest,
direct or indirect. financial or ~herwise, Yhich would conflict In
any man.ner cr degree with t.he performance of the servi'Ces
hereunder. OONSULTk~ furtber covenants that~ in the performance
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of this Agreement-, DO subcontr3cto.r -or person having such an
interest shall be employe<L CONStP' .... TANT certifies that no one who
has or vill have any financial interest under this Agreement is an
offic~r or employee of CITY.
It Is expressly agreed that in the performance of ~he
professional services requIred under this Agreement OONSULTJL~. and
any of its sul:>cO!lsultants or employees, shall at all tilnes be
considered independent contractors and not agents or employees of
CiTY.
CONSULTM'T shall be responsible for employing all outside
c~sultants {suboonsultants) necessary to aid CONSTJLTANT in tbe
perfo~Qce of the services listed in Section 4 of this Agreement;
provided". hoWever ... tbat. all such subcorurultaats shall receive prIor
awrova1 of CIT\' in writing and shall remain accepeable to CITY
during the term of this Agreement.
SgcrTQN 14 • INtlRMNITV
o:tlSULTANT agrees: to protect .. indeIr.nify .. c!efend and hold
ha1naess CITY .. its Council ~rs .. officers .. agents ... and employees
from any and all claims... demands or liability of any nature ..
including death or injury ~o any persoo, property damage or any
loss ... caused by or arising Out of CONSULTANT'S ... its officers',
agents', subconguitants' or employees' negligent acts .. errors or
omissions ... or willful misccndUct: ... or conduct for which t.he law may
iJrpose strict liability on CONSULTANT in the performa.nce of o-r
failure to perf~rm its Obl~~a~lous under this Agreement.
CITY agrees, to the fullest extent ~rmitted by law. to
iodemnify and hold CONSULTANT harmless from any damage, liability
or oost (including reasocable attorneys' fees and costs of defense)
to the eJt.ten.e caused by CITY'S negligent acts .. errors or omissions
arising from the project tha~ is ~he subject of this Agreement~
CONSIJl,TANT is not obligated to indemnify CITY in any
manner Whatsoever for CITY'S own negligence~
SECTION 15 -INSl'JP!NCB
CONSULTANT .. at its sole cost and expense ... shall obeain
. and maint.a.in .. in full torce and effect throuSboot the entire t.eZlD
~ this Agreement. the insurance coverage described in Exhibit 10 1
to ~hls Agreemen~ .. attached hereto and ~de a part hereof by this
reference ... plus professional liability insurance in the amount of
at le&et one milllon dollars ($1,000,000), insuring not only
CONSULTAN'l' and its subcontractors .. if any .. but also .. with the
exception. of workers' compensation.. E::mployer's liability and
professIonal liability insurance ... naming as additional insureds
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CITY 1 its Council m£mbers. officers. ageQts~ and employees, and
each of th~~ concernIng this Agreement and the Project.
All insurance coverage required bereuooer shall be
provided chrough carriers ~ith a BestTS ley Rating Guide of A~X or
higher that are admitted ~o dO business in the State of california.
Any and all subcontractors of CONSULT~~ under this Agreement shall
~ain and maintain. in full force and effect throughoYt the te~
of thIs Agreement. auto liability coverage" with CITY named as
additional insured under such policies as required above.
~S.2 iY1DRNCB PP CQVEP&GB
Certificates of such insurance, preferably on the forms
proviJ!ed by CITY, s1"..a.ll be filed with CITY concurrently with the
execut.ion cf this Agreement. 'I'he certificates shall be subject to
t:he approval of t.he li.isk Manager and shall contain an endorsement
II!5te.ting that t.he insura.n<:e f s primary coverage and will not be
cancelled or altered by the insurer without thirty (30) days' prior
written notice to C~TY o! ~ch cancellation or alteration~ and that
the City of Palo Alto is n.il."ed as ~ additional insured except in
policies of workers' compen~'tion, employer's liability, and
professional liability insurar,.;e. Current certificates: of su<:h
insurance shall be kept on file at all times during t.be term of
~hi. Agreement with the City Clerk.
15.3 LIMIT OF LIABILITX
To ~hs fullest extent provided by la~. CITY agrees to
limit the total Hability of CONSULTAl'IT and CONSULTAIo"r's
s-.wc-oosultaDts to t.he CITY tor any and all claims.. causes of
ac~!onl losseEt I cost.s and damages of any kind or nature whatsoe'\"er.
and "for expenses iucurred by CONSULTANT and/or CONSULTANT's
insurer{s} resulting fran, relating t:o .. !>'t' arising out of arJy such
claims .. causes of aCl:ioo .. losses, cost.s .. or damages in-clud.iog .. but
~ limited ~Ol attorneys' tees. costs.. and expert
consultantfB/vitness' fees~ 60 ~hat the total aggregate liability
of CONSUL~ and ,its sUbsconsultants shall ~ exceed one million
dollars ($1, OOO,OOO}. It is intended that this limitation apply to
any and all liability and causes of action however alleged or
arising unless ~herwise prohibited by law.
$RCTION 16 -WQF gBS r COMPENSATION
CONSULTANT, by executing this Agreement, certifies that
it is aware of the provisions o,f the Labor COde of the State of
california _ which require every employer to be insured against
liability for wo~kers' compensation or to undertake selt-insur~e
in a.ccordance with the prOVisions of t.hat Code. and certifies that
it viII comply with ~J~h provi~ion. before commencing the
performance of the work under this AgreemeDt~
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SICTION 11 • mRRgcTION oq aNY BRBCRS· OMISSICNS. AND
»fflIGUITISS IX mNTi AM QQQ1MENT$
July errors ... omissions.. or ambIguities in the cont.ract
documents prepared by OONSULT'~ which are discovered before ~he
Project is invited for bid shall l:>e corrected by CONSULTANT without
cost to CITY' ~ CONSUL'l'AN'r services required: to make changes in
construction resulting from errors. omisslons~ or arohl~it!es in
t.he c:ontract OOCUmen,ts which are discO'Vered after tbe contract is
awarded allaU l:>e performed by CONSULTANT witt.out cost to CITY only
insofar as they result in unnecessary or non·beneficial changes in
cOnstruction. CONSUL"l'AN'l' services required to make cbanges i::1
construction resulting frOm errors, omissions, or ambiguities in
the ~tract documents wblch are discovered after tbe coctract is
a"..rded ehall l:>e performed by CONSULTANT and shall be paid for by
CITY only insofar a.s tbey aM a benefit to tbe constr-.:;ctioo work.
SliiCTION 1 a -NjI)ITS
CC"NSm.Tk.lfI' agrees to permit Cin t.o audit. at any
reasooable time during the term of this Agreement and tor three il}
ye~rs thereafter 8 CONSULTANT's records pertaining to matters
CO'\Tered by t.his Agreement. CONSULTA.-"iT further agrees to maintain
such records for at least three {l} y,are after the termination .cf
this Agreement ..
S RCrION '9 ~ NJR REMJSNT a tNpING
The terms, covenants, and conditions of thls Agreement
shall apply ~o ... and shall bind ... the beirs. su~cessors. executors ..
administrators" asSignB~ and subcontractors .. as the case may be. of
boeh par~ies.
20.1 ~ SERYICES op mssUL'T'AN'l
Boeb parties hereto recognize that this Agreement is for
tb.e personal services Of CONSUl .. TANT and cannot be tra.nsferred.
assigned .. or subcOnt.racted by CONSULTANT without the prior written
consent of CITY.
20.2 SUVIas OF suemw;tU,Ti\NTS !NO TffRI& RMpt,oyBRS
CCNSOL"mNT ellaU be responsihle fer employing or engaging
all persons necessary to perform the services of CONSULTAN'l'
hereunder. No aubconsultant of OONSUL~ will be recognized by
CITY as such; :ratber~ all Bub"."'O!lSUlta.tltB are deemed to be enployees
of CONSULTANT" and it agrees to be respoasible for their
performance. OONSULTA~ shall give its persooal attentioc to the
hlfUlllleDt of ~be provisions of ~bi. Agreement by all of its
employees and subcOQSUltants~ it any, and shall keep the work under
it. control. If MY employee or subcOllsultant of CONSULTANT falls
or refUSES to .can:)' out the proviSions of t.his Agreemen·t or appears
to be incompetent or to act in a disorderly or improper manner, he
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or she shall be discharged immediately fcom the work under this
Agreement on demand of CITY.
SEC'IOS 21 -IET/lANCa upoN pROFESSIONAL-SKIU. OR
mNSULTllNT
It is mut~lly understood and agreed by and between the
parties llereto that CONSULTAN'l' is skilled in the p,·oIessiooal
calling necessary to perform the work agreed to be doae hereunder
and that CITY relies upon t},e skill of CONSULT~Jfl' to do and perform
~he wOrk in a manner consistent vith the de~ree of care and skill
oidinarily exercised by members of the same profession .. currently
practicing under simllar circumstances, and CONSULTANT agrees to
thus perfo:rm t.he work. The acceptance of <X>f':suLTANT r s work by CITY
does DOt operate as a release of CONSULTANT from the obligation.
SECTION " -No IMpr,T~p WAI'iSR
No, payment.. partial paytneDt.. acceptance or partial
acce~ance by CITY shall operate as a waiver of any of its rigbts
under thiS Agre~eDt.
Tbe waiver by either party ot any breach or violation of
any tenn, covenaDt., or condition of this Agreement or Of any
proviSions of any ordinance or law shall not be deemed to be a
vaiver of euch term, covenant. ~OQdition. ordinance or la. or of
any subsequent breach or violation of tbe same or of any other
ter1El:, covenant, conditico., ordinance or lav. The subsequent
acceptan<:e by either party of any tee 0,," other lI10Uey whicb may
become due hereunder 8ha1-!. not. be deett\ed. to be. a waiver of any
preceding breacb or violation by t.be other part.y of any term ..
-covenant, or condition -of t.his Agreetnent or of any applicable law
.or ordJ:nan<:e.
SECl'IQN 2. -COSTS AND ATrORNiYS' FiBS
The prevailing party in any action brought to enforCE the
terms of this Agreement or arising ovt of this Agreement may
recover from the other party its reaeor..able coSts and att,orneys'
fees expended in connect.ion with s'll<:h an act.lon f~om the ocher
panyo
SEC1'lQJ( 25 -NONPISCluMtNAT1QN· Pgrnz,TY
25.1 lXITY ot' <Xm$ITI,TMT
No discri!nination ellaU be made in the e!!ployment of
persons under chis Agreement. because of !the age, race. color,
national origin, ancest,ry .. religioo~ disability, sexual preference.
or sex of such person. If the value of t.his Agreemen,t is" or may
be, Five Thousand Dollars {$5~~O~) or more, CONSULT~r agrees ~o
meet all requirements of the Palo Alto M.lnicipal Code penaloing to
nondiscrimination in eIrployment.. including completing t.he
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-Compliance Report··NODdiscrimination provisions of City of Palo
Alto Contracts· on tbe form furnished by CITY and attached hereto
as Exhibit ·0-and made a part hereof by this reference.
CONSt.-rt.TAHT agrees that each a9reemene for services
fram independent providers shall contain a provision substantially
as follows:
·Provider shall provide CONsr,JLTANT with a
certificate statiIlS' tbat; he tor she) i9 currently in
complIance with all Federal and State of calIfornia laws
covering nondiscrim:tnatiOD in E:ll1Ployment.; that. he tor
she] vill pursue an affirmative course of action as
required by the Affirmative Action Guidelines of the City
of Palo Altai and that he (or she) wIll not discrindnate
in the etrployment of any pe:caoc. under this contract
because of ~be age, race, color~ national ori9io~
ancestry~ relig!OQ~ disability. sexual preference or sex
of such persoo ...
25 .. 2 PRS!Irry pOR prsouMINATION
If CONSULTANT is found in violation of the
nond!acr1m!nation provisions Of t.he State of california Fair
Employment Practices Act or similar provisions of federal law or
exP.cutive order in the perfo~e of this Agreement, it shall
thereby be found in material breach of this Agreement. Thereupon~
CITY shall have t.he po~r to .cancel or suspend this Agreement~ in
wbole or in part.,. or to deduct from the amount payable to
CONSULTANT the sum of Twenty-five Vollars ($25J for each person for
each .calendar day dUring which su<:h person was discriminated
against,. as ~,ges .tor breach of COI:ltrac-t." or both. Only a
finding of -the State of california Fair Employment Pract!<:es
commission or t.he equivalent federal agency or officer ehall
coostitute evidence of a violation Of contract under this section.
:It CON&:.ut.TANT is found in violation of ~he
nondiscrimination provisions of this Agreement or tbe applIcable
affir.mative actioc guidelines pertaining to t.his Agreement,
CONSULTANT shall be found in material breach of this Agreement_
Thereupon CITY shall have the power to cancel or suspend this
Agreement~ in whole or in part~ or to dedu-ct .from the amount;
payable to CONSOLTAN'l' the sum ot Two Hundred Fifty Dollars ($250)
for each calendar day duriIlS' vllich CONSULTANT is found to have bean
in su~h noncompliance as damages for breach of contract~ or both.
Upon agreement of the parties any controversy or claim
arising out of or relating to this Agreement may be settled by
arbitration In aceordan~e with the ~~l~B of the American
Arbitration Association. and judgment upon the award rendered by
~he arbitrators may be entereo in any ~rt having jurisdiction.
thereof.
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sscrrON '7 -NOTICES
All notices heretmder shall be given in writing and
mailed. pos~age prepaid, by certified mail, addressed as follows:
To CITY:
To CONSTJLTAN1':
Office of the City Clerk
Post Office Box 10250
Palo Alto. california 94303
Attention of the Project Director
at the address of CC~~R recited
above
All prOVisions of t.his Agreement are expressly made
condi tiOl:S.
SEr:7TQN 29 A,GRFiSMRrIT CONTAINS Ar,L IlJIDRRSTANpINiW;
This dor.ument represents the entire and integrated
agreement: between CITY and CONSULTANT and supersedes all prior
negotla~i0D8. repre8enta~ions$ and agre~~nts. eitber vritten or
.oral.
This document JJJa.y be amended only by written instrument,
signed by both CITY and CONSULTANT.
SBCTlotf 30 • GOYBRNtNG !,ltH
This Agreement shall be govern-ed by the la"""S of the state
of californIa.
rN WITNESS WHEREOF. CITY and CONSULTANT have executed
this Agreement tbe day and year first above written.
A'I'TEST: CITY OJ? PALO ALTO
city Clerk Mayor_
APPROVED AS TO PORM:
senior Asst~ City Attorney
Taxpayer Identification No.
City Manager
Director of Pinance
Chie! Tran~portation Official
a.l ek .Manage r
Attachments:
EXHIBIT .A,..:.
EXHIBIT '"'8·::
EXHIBIT 'C"
EXHIBIT '0-
RXHIBIT '8"
SCOPS OF PROJECT
1'nm SCliEotiL8
ltA'l'll SCl!BIXJLE .. PAYMBN'l' SC"dBOOLB
DlSI.IR1.NCE
NONDIs...'"'IlIMDlATION COMPLIANCl! FORM
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CKRTIPlCATB OF ACDrOWLBDGKENT
(Civil Code S I1B9)
STATB OF _....!oC_!cc,-, !../.!..; ~~!...!:::,~r,",c!~-,~.!<::,=-___ )
CCUNT'i OF __ ~,<:~.~~~'1~A~4~be~Q~ ____ ~
on -1'1",19..-. before me, It£( Co & J.
a nota public.!E....and for sdd County. pers OIly ap~ared
rl'--..r C".-v ,. personally knovn to. me (or
proved t.o me on the ba s of satisfactory eviden-ce) to be the
persoars) whose name{s) is/are subs~ribed to tbe within instrument~
~ aGknovledged to me that he/she/they executed the same in hisi
her/their authorized capecity{ies}. and that by his/her/their
signature(s} on the instrument the person(e). or the entity upon
behalf of whIch the peraon{s) acted,. executed t.he instrument_
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EXHI8IT " DownIc>Nn Par'o<ing Strudure Feasibility Study
Scope of Project
Bac1<jl!W1d
., March 19941hi! Cit\' Council SWOIIed a comp<ehensive paOOng plan for downIown
PaTo AIIo. One <:A !he elemenls <:A the Parking Plan is coosid6tation of a ""' .. paOOng
slnJdure, wilhin the University AYMJe paoong Assessmenl Dis!rict.
Tna CUlT9IlI paI1<lng deIielency, as inOlC8led illhe arr.ual 00wnI""", Monilomg
Program report. 1. estimaled 10 be 1,500 spaces. A signiftean/. number <:A downIovm
paIrOnS and employees ilIrucfe inlo !he adjoWng neighboofloods nOf1h and south <:A
Un/IIers1!y AYMJe. The Chamber <:A Commerce Oownlown MarkeUng Commit!ee and
proper!)' owners have voiced serious coocems regard'ong !he paOOng defiC~
Puyosa <:A Sludy
The po.xpose <:A Hs project is 10 investigate !he overan feasibility <:A !he developmenl of
a par1<.ing slNCfure or s!rucIures on one or more .~e. located "';!hin Ihe Parking
AssBssmenI Oislrict n I1e clowntowr> !ireS, and submit a recommandalion 10 !he C1!y
Coundt {REIk>r 10 AIIattvnenl1 for booo<!a1iBs <:A the PaI1<ing Assessment Oi slric:t and
I1e e>cisling P<i>fic perl<lng facolities.) The sludy .... ilI include cor.cep!ual designs, cost
estimates, erMronmeriIaI tssues, economiG Onpads, and mlxBd use c::<>rCBpIs, which.
for example, WO<Ad irldude inlegralion <:A !he sltuclUre's r .. & IIoor with rela~ andfor
oCher uses on I1e same sileo The feasibITity sludy is included in City's 1994-95 Capilal
~ p,cgo 81.. SLtIjed 10 I1e slUdy firldings, Council .... i11 decide wf1e!har 10
proc:e8d \IIiIh the final design and consfruCflOl1 <:A a parlting struc!ureCs) inc!udiog the
Jo<mation <:A • new pariOOg S$S8ssmeni dislric:llo finance such a p<oject.
WO!!s Proqam
The ConsulIarl wiD conducIthe Ihtee major lasK. oulflned and SYbsequenDy discussed
below:
• Task 1: Site Review and DemandlSupp!y Analysis
fA. Comrn • .nilyIPSCIUaison
f B. SHe CI\aracIeri$tics Review
I C. ParIting Needs Anarysi.
• TIIIi< 2: Mema!ive& DeV6lopmen1/Evalualion
2A. Designs~s
28. Financial and E(X)(l()I11jc Analysis
2C. Envirorv!1enlaI Assessment
• Taak 3: Oevelop ReoornmendalionslRepo<1.
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lOad; d Ih& major !aSks .. fU culmlna!e with B'Ie devetopmenl of a teclYlical report lor
review by it'oe City and Ih& Projee! Study Committee [P$C). The PSC wiH consist d
nine members inclu<ftng one member of ihe ?laming Commission. one member of file
hchI1eclural Review Board CARS~ lou" members d &he downfown business communily
and tt.ree City staff members. n \he case of Task 3, \he 1echr>.icaI report win be a dra1t
fInBl Par1dng S1rucIure Plan Report. for review. Based upon \he reS'J~' d \I1e City's
review. a f.onal plan repafI wiH be prepared for submiltallo 1he C ily Council. each task
and sub-lask is discussed., more detan ., \he following narrative.
Task t: sne Rev;_ and Demand S!JpoIy Analysis
This task will lay \he rounaalion for 1he successf.J devek>prnenl 0( \he plan by
establishing con!ad with the various ir\!erest groups and individuals who wish 10
provide i-lpt.C into file stucfy process and by conducI.ing b3Sie dais eoneaion and
analysis relative 10 existing and MIre parking conditions and \he characteristiCs 0( \he
stucfy snes. I will consist of Ihree specific sob-lasks • ...nich are ~5aJssed below.
1A. Com!!luniMPSCUaison -The representatives of &he (;OOSUnani !earn win
l!!1end one meeting with ead; of hl following groups: \he PSC, PatIting
Subcommiltee of Ih& Chamber of Commerce, neighbo!hood groups. end \he general
public. The City will arrange Ih6 me&tings and ifw~e an Parking Assessment District
property owners, business owners. ne9fby reslden!s and <:On1Jl1UnI1y groups. and
other parties with !<no"", interest ., \he plan devetopmenl. 10 Ih6 public meeting. The·
purpose 0( each meefing wiH be \0 explain hi plan deve\c.pmenf process and solici!
~ ~ il;sues. ooncems, constraints, and oIher <:onSlderaflOnS which must
be addressed by !he plan
lB. S~e Charac!eris!iCs -lr.is analysis is for aij of !he pubflC parking facilities within
!he Parking AssessmenI Dislri¢l. except facilities iden!ified as B. ce, Q, and Wie.
The consullanl win coRee! ~om \he City \he available rnapping and plans relati'/e 10
various .aes and ""ill analyze and eva1ua!e:
1. Access \0 and egress ~ s~es." .adilJan 10 \he site layo<A [s\rUclUfe toeigl1l
and depth. \he number of paIl<iog slans. I/1e circulation paftem, elc.);
2. The effeof the parking s\rUcIUfe .... ill have on SlMTound'ong land use. par1<ir.g
supply and demand pallems. Iralf~ pallems. residential areas, etc.;
3. Constraints cI specific s~es (e.9., stree1 capacily, aesthetics of Ih& struc\Ure.
water table level, accessibility, construe! ability [average, adficull, very 'fffficun.
elc.]).
!C. Pa!ldng Needs Analysis -The purpose 0( !his task is 10 determine long and
short.{e{m pa<Idng supply, presenI and Oure deman<J, and \he exlenl of par\<ing
"'4'f/)' deficiency on a bIock~-bIock basis, as we~ as within fle Parking
Assessment Oislrlcl In addition, !he consultant will examine various types of parldng
managemenl syslems [special, paid a!!endanI, free parking, etc.) and ccrnpare and
evaIuaIe anticipated uUrlZ8~on rales under each type of system. for each s~e.
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The oonsuIIanl win determine existing parl<ing conditions .. \he Pari<ing Asses~
Oislrid by preparing up-Io-<!ale itwenIories 01' land uses by type and squats fooI'ag&,
public and privale oII'-streec par!<ing, and an on-slreet par1<ing, on a blocIt-by--b!ocl<
basis. Wonnalion 5hOwing land uses within !he partdng assessmanl dis!ricl by type
and square foot~, as wen as f'le n.JmbeI' 01' prr..ale off-slreel parl<ing spaces, is
a-.-ailab!e on f'le Ass9ssmenl Ro!!, on file with \he 0epar1menI of Pubfic Wort<s.
A weekday SUl'\'ey [e"cept Mondays or Fridays) 01 parking usage, 0>cIucf1flg hourfy
<:tlecb 01 parIdng acxuru!ation and !umOver. as Vlen as an evening SUfVey on friday
!l!: Salurday. win be concluded. A follow-up spot check on a second day will be
performed 10 comrrn SlXVey findIngs. .. addWO!\ parking accumulation surveys wiU be
concIudee! in ihe WallS surroo..n<f"'9 !he Par100g Assessmerl Ois!ricllo n:Iude !he total
area bounded by lincoln Aveooe on !he sou!I\ Hawthome Avenue on !he north, Alma
Street on !he west and Webs1er Street on Vle east These obserialior.s ",in be
concluded sl6:OO a.m. and 11:00 a.m. 10 delenT,ina Vle exlerl of Vle spiHoverol'
<!emend from Vle patl<ing Assessrr.enl Ois!ricllrllo \he residen!ial areas 10 !he nor1h and
south, and 10 determine Vle influence of commercial developmen! in !he Sooth of
F~ ma on parking in lie PatI<ing Assessmenl Dis!ricl ('Ne befJeve \he spin over
into !he edjoWng neighbo<floods is due 10 \he defrcil of parI<ing within Vle Par100g
As$es$menI Dislric!, convnercial dis!ricl south 01 Forest Avenue, aoo !he Palo AIIo
Medical FOIIIda!ion)
The existing dala on parI<ing supply, paOOng usage. and land uses, and oIhec relevanl
infoona1ion, wili be used 10 de!ermine bIocIt-by~ presenl and Mtxe shorI-term and
Iong-Ierrn parIdng demand. Tasi< 1 wil! result in lIVee basi<: producls which win be
presentee! in f'le Task 1 Report The report will inClude: (1) a wrillen summary of an 01'
f'le qu received a\ !he fisted mealings, (2) a written summary of !he fondings
raga ding characlelislics and consninls of developing parI<ing slruclure{s) on various
sil8$. and (3) a written SUfIVII8f)' and IecfvUcaI documen!afoon of !he asse~ 01'
exisfing and M\K9 parking needs WI !he Par1dog Assessmenl Dis!ricl TBIl cop<es 01' Ihe
Task 1 Report will be S<bmi!1ed. The oonsuIIani win attand ooe meefing with Ihe PSC
10 review Vle Task 1 Report
Task 2: Memafives Oeveioprnen!!Evaluatioo
Fincflllg$ from Task 1 wiU show !he IocarlOl1 and extenl of !he par1<ing defICit Sased on
fljs infonnaIion and Vle sae c:I"1aracIeris!i<:S anaJysis, !he consullanl win. iniIially, identify
five siIes for potential devel~ of • parl<ing slnJclure, and prepare an evaluation
for review by !he PSC and !he P1aMing Commission. SubsaquenlJy, lie OOflSUnani win
develop Iwo COIIC8p!uaI paIking slnJcl\n plans {elevation and layouQ with arcMecIuraI
sketches, for IYee (3) sites and prepare an eva1ua(ion of ea<:h 0I1he six oonc:epIs
using criteria such as: oosts, aeslhe!ics, .afflC circulation, and envirorvnen!a! impac!s,
among o!herS. The and producI .... iIl be a complete malrilc of rnormafton about each
aftema\ive which will allow !he iden!ifteaf"", of !he preferred coocep! for each saa. This
\ask consls!s of IYee sub-lasks as foIIov.os.
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2A ScI1ema!ie Design Coocepts and GO"ts -The consullant win prepaNI a series <:J
preliminary COl IC<IpIuaIskelches, i<ienIifying basic opUons for ~ve s~es for revie. !>y
II1e PSC and fle Pta."i1ing Commiss io!'>_ These skelches ,. ..... " ~1ude a minimum 0(
three c:or>eepfuaI praM for each .a .. : {11 a slnliTe deck strvclure (2) a mum-level
slruc:ture (a!loVe f/fldIOl below grO\6ld) with ground floor commercia', and (3) a multi
level .truc!ure (OOove and below ground) wilhoul ground floor CO<T\m8(Ciai (below
ground may be ~rruled 10 two levels) The five 51le. wiD be seTeeled !>ase4 on parltirog
defclency, s~e characlelislics, effociency 0( providing parltirog, and \he degree 10
IM1ich parking 4emand would te mel.
Following S\.Ibmitlai 0( 1M evaTualion and review by !he PSC and Planning
Commission, fle c:onsu!!ant win synthesize II1e aoove-mentioned conceptual plans
!rod prepare, in more detail, twc> W>emalic design concepts per s~e for a mir\imum 0(
three .nes. The consonant wiD also prepare pazl<ing ciro.JIalion a;"\d layout plans for
sacl1 parI<ing level. and ftonIa! end si<fG Etlevalions for eacl1 0( II>e concepts lor each
0( the tyee ~es. These plans wiD i'lcluc!a an archi1ectura/ skelch 0( 30 compu!e<
models 0( each concepl accurafely depicIing ho overan appearance, heigh!, bulk.
and exlario< stile 0( each op(ion, with respect !o its adjaceoI. S!nJctures Of
slreelscapes. The compatibility !o exisUng down!.,...." !Mldings is a key eien!eri 0(
!he design ocncepts (refer 10 'i1e Downtown Urban eesign Guide as a source for
downfawn design issues}.
The consuI1ant will prepare a budget level oonsltUdion cos1 asUmale for each concept
Costs ..,,1 te based upon various oonslTUCtion categories ...ruch are required, and no!
on standardlZed, per space, ..ut cos1 values. Esb ...... tes of operating and mainlenance
cos1s win also te prepared. The consunant ",ill also evalua!e each ooncepI in lerms of
circulafJOn and par\Iing convenience, pedestrian 8CCeS$, ~, bicycle storage
provisions, disabled ac:cess, nombef of neI new spaces provided, pofential par1<ing
occupancy (Ion9lshorl-lerm), cos1 per new s;>ace, floor ar .... per space, operating costs,
managemenlfconlToI op!ions and irnprJCafions regarding usage. and ovefan ease or
operaIion and mainlenance.
28. Fonancial and Economic Analysis -TIle consuftanl will prepare a fonancia! and
econorr:ic analysis 01 \he a1\emalives for each or \he Ihree siles. A cost analysis win
te oonducted for each opfion, iden!ifying lola! development costs, incl<.Jding design
fees, construc!ion management. adminiSlr9!ion, and flfl3flcing cosls, and delermining
I1e srz .. or fle bond issue required 10 cover IhoSe costs, as wen as an esflmaled
assessrnori for each parcel wifhj" \he assessmen! dislrict. TNs analysis will ncIude
4elern1ina6oI\ 01 overaft economic feasibility of each or \he concepts n letms of \he am<JU'll 0( the aclcfrtional assessmenl required lor each 0I1he parcels in \he PatlOng
Asses5menI District 10 providell>e needed bonding capaciIy, as wen as an
assessment or improcalions regarding ho t>enefits fla! ,.·m be derived from \he
project and iIs necessary assessments.
A fI.r1h« analysis will te done 10 esUmale the bonding capac>ly or the presen!
UNver.~ AVenJe ParIOOg Anessmenl Dislrict. TIle consubnt ",ill prepare
eslimales of ravenue using bolh the existing fee SlrucIure and poIenfiai a nemalive
lee ooncep!s, 10 .wesflga!e \he economic leasibmty or using various parkiOg syslems
Page 4
.(
(specfal permits, ticket dispenser, paid al1eodani par1<ing, etc.) in operating '.he
paI1dng s1rucILres at each sae. A costrlllCOrTte stalement wm 1hen be prep3l'ed for
each option idenIlfying operating and maintenance cos1., revenues, debt &erYice
costs, and '.he net ar.nual inoome {suplus Of deficil).
2C. Environm&o!@I Assessment -The coosullenl wm cooducI a traffIC and parking
analy$ls of '.he a~ema!ives on each rllhe hee s~es, incWno Ihe impact. on
r.eart>y inl8I'S8C!ions during peak traffIC hours (noon and pm peak hours) and '.he
impaCIs an increase in parI<ing wiU have on ove<an traffiC paHems, patterns 0(
pedes\J ian cl!ouIation, and bicycle and Iransit use. This win be CIJ<1ducted based on
avanable dala and information. The potential for reduced spillover par1<ing ;., r.eart>y
neighborhoods will be exam1ned. Polential environmenlal effects, such as noise, air
quarrty, light and glare. elc .• ",ill be identified. This assessment wm be prepared
using !he City's standard form.
Ten (10) copies 0( fie Task 2 Report win be S<A>m,tled, and ..... ll include !he fo!TooWlg:
{1J sdlema".c plans and arcf:i'lectlraf ."etches for !he minimum lwo anemaUve. on
each o(!he hee sites; (2) cost eslimales and a ftnancial anafysis for each
a.~emaUve lnd'1CSIing 1he required additional as5eSsmenls for each pa<ee! and
genera! fiscal impacts; and (3) a written and malrix summar)' o(!he parking, lraffic.
env1rorvnenlal. and c1her impads or "" various concepI$, with ""emn cooclusions
abolA each ooncepl This report win be reviB'Oled by "" PSG and ARB. The
consuftanI will also prepare for [lflCludino presentation e.tublls) and attand two
meetings with f1e PSG and one meeting with !he ARB.
Task 3: DevBlop RI!CO!T!!!!!!IlC
Task 3 involves "" formal developmenl and documenIaIioo of !he PaOOng SlrvCIlre
Plan. Specifically, 1he oonsuI!arlf will prepare a recommended parking slruclure plan
ba$eQ' upon,1he J9$UI\$ of '.he pravi¢us \asks and '.he f-4>u1s received from "" City staff,
PSG, ARB, and !he P!aming Commjssion The plan wm describe !he projecls 10 be
built on each 0( !he IIYae sites, 1heir costs, implemenlalion timing, ability 10 address \he
paIl<ing need (presenl and fulu'e}, and flOlll'lCing requirements, I any and a
reoommendaIion A draft f.nal report .... ill be prepared. This report .... m fully cSocument
!he plan and iIs development ~ addition, fie report sI10uId be a sland alone report.
The iniIial 0<JfpI..« of i1is task 111111 be eleven (1 t I copies of a draft of 1I".e P2Iking
StrucItn Plan Report. The oonsuItanl wi1! alIen<S one meeflOg .... ith !he PSC, and one
. with !he I>RB or PIaming Commissiol\ to receive and dlscuss comments 00 '.he draft.
and will t1en prep3fe and submR eleven (11) copies of a Final Report. The consu~enI
111111 also alIend one cay CooociI meeting.
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CEJmFlCATlON of NONDISCRIMINATION SECTlON410
Downtown Parl<iog SuucllNe FeasibifrtY Study
<:rmkuioo Of NQI'ulisdmtontioo' h suppliers 'Of goods or se.nnces to the CPty 01 P .. io Mo.
the firm and indf.idu.ts lsted' betaw c:ertifiu that thi!'''' do not di5Criminate: in employment witf1
regards to 'gt!. nct~ cclor .. refiQ'Ot\, sex~ n3tionat ongin. 1(lCe$try~ disabmty~ or sexual
pre'ec-enee; that they are in eompf.anee with atl Federal. State and local cf,'(,!cti'oo-es. and
execu1ive orcr.n regi,fd'jng nondiserimin£tMm .in employment; and u,.at the~ .gfee 10
detnonstQte posi".ively end • W.sslvely tho pri1l6p1o 01 OQual opponurJ1y ;" employment.
f~O To establish 0( 005etVr employment poli~i wf'lj~ affirmilwe}y promote
opportunities fO( minor.ty pe rsons It .a ~ levels.
2.0 to cammunrcate 'thiS policy to .. 0. perli(lns c~mea. trlclyding an empklyoef!s,
outside reCff.Jitir"oQ services. especiany those serving minori::y communhies. and
10 the rninorit)' commt.mities itt large_
3.0 to lake affirmatIve ectron ~ep5 to 'hire minOlit)' employees within the
or,ganiu6on~
4~O To be kr\owfedgeabre of the beaf. state~ and federaT taws and regulations
eooc:em'ing affirmative ictlon ,porl-Cies and provid" opponunities for employees.
FIIrtlC file Vi-try DesUn $-ro""E DATE· 1'!i.,' ]'95.
Please indude In ... add"ltionat Wonnation .v"Ua~ regarditlg equal Gp()onunity employment
pt"OgfiiIms noW' in effect within your company.
fbI!: Vatry £lesigll Croup is committed to a po!!;! 'of '9U!!1 emplo"ment
fez aJplleaDts and em~loyee3. I~~lsymen~ decisions comply ~ith all
.FPlic&~le laws p~o~l'ltima dfsc~ImlBatfo& iB·employ~eat~ 1~cl~~1mg
Tille Yll of tDe £lwil lights Act of 1964. the Age nrssrimimatiom
1_ Eeploymemt Act ~f 1961. t~e I~~igtatic~ and ~ati~cality let. and
•• , applicable state laws.
END OF SECTION
CITY 01 PAlO AI. TO: N~,",n I'"'S"l SEcr'OtH10-1