HomeMy WebLinkAbout1998-01-12 City Council (12)TO:
City of Palo Alto
City Manager’s Report
HONORABLE CITY COUNCIL
9
FROM:CITY MANAGER DEPARTMENT: PUBLIC WORKS
AGENDA DATE: JANUARY 12, 1998 CMR: 109:98
SUBJECT:APPROVAL OF BUDGET AMENDMENT ORDINANCE FOR
PHASE H CONSULTANT SERVICES FOR THE PROPOSED
DOWNTOWN PARKING STRUCTURES
REPORT IN BRIEF
On July 7, 1997, Council approved proceeding with steps that will potentially lead to the
construction of up to two multi-level parking structures in the downtown area. The two
potential sites are Lots S and L (Bryant/Lytton) and Lot R (off University Avenue, between
High/Alma south).
Included for approval herein are Agreements for architectural and engineering services that
will provide for environmental analysis of the sites as well as for the preparation of
construction documents to 50 percent completion. After the approval of the 50 percent plans
by Council, proceedings to form an assessment district will be held. If an assessment district
is approved by downtown property owners, staff will return to Council for approval of
consultant contract amendments necessary to complete the construction documents.
Approval of this initial Budget Amendment Ordinance (BAO) for $942,048 will provide
design services and related support up to the time of the assessment district election. Prior
to the election, another BAO will be presented for approval of funding for assessment district
engineering and assessment proceeding balloting at an estimated cost of $25,000.
CMR:109:98 Page 1 of 7
RECOMMENDATION
Staff recommends that Council:
Approve a Budget Amendment Ordinance (Attachment B) in the amount of $942,048
to fund the amendment with Watry Design Group, the agreement with Turner
Construction Company, and for miscellaneous operating expenses during Phase II of
the project.
Approve and authorize the Mayor to execute Amendment No. 1 to Consultant
Contract No. C6076145 with Watry Design Group (Attachment C), in the amount of
$682,136, for Phase II design services to provide architectural and related design
services for the proposed Downtown Parking Structures.
Approve and authorize the City Manager or her designee to negotiate and execute one
or more change orders to the contract amendment with Warty Design Group for
related, additional but unforeseen work which may occur during Phase II, the total
value of which change orders shall not exceed $ 34,100.
Approve and authorize the Mayor to execute the consultant agreement (Attachment
D) with Turner Construction Company for $167,412 to provide project management
services to supplement existing staff during Phase II of the proposed Downtown
Parking Structures.
Approve and authorize the City Manager or her designee to negotiate and execute one
or more change orders to the contract with Turner Construction Company for related,
additional but unforeseen work which may occur during Phase II, the total value of
which change orders shall not exceed $ 8,400.
Authorize Planning Department Staff to secure the services of a contract planner
during Phase II, not to exceed a fee of $45,000.
Authorize $5,000 for miscellaneous costs (presentation materials, copying, postage,
etc.) incurred by Public Works staff during Phase II preliminary design.
Adopt a resolution of the City Council of the City of Pal. Alto declaring its intention
to reimburse the City’s General Fund for expenditures from the proceeds of
obligations to be issued by the City and directing certain actions (Attachment E).
BACKGROUND
On July 7, 1997, Council approved proceeding with steps that will potentially lead to the
construction of up to two multi-level parking structures in the downtown area (CMR:308:97).
The largest structure, on Lots S & L (Bryant/Lytton), would consist of four elevated decks;
CMK:109:98 Page 2 of 7
one at-grade level and two below-grade levels. Lot R (off University Avenue, between
High!Alma south) would have three elevated decks and one at-grade level. The estimated
total cost (in 1997 dollars) for the parking structure at Lots S & L is $14.8 million and $4.9
million for the parking structure at Lot R. These preliminary costs, which will be refmed
during the design process, include construction costs as well as "soft" costs Such as feasibility
studies, architectural design and assessment district engineering.
Two of the steps authorized by Council included negotiating a scope of services for Phase
II, Preliminary Design, with Watry Design Group (the consultant team utilized in the
Downtown Parking Structures Feasibility Study), and the procurement of project
management services to supplement existing staffing. The agreements for these services are
attached for review and approval.
The architectural design fees of $682,136 presented herein for approval are higher than those
presented to Council on July 28, 1997 due to several additional items of work as discussed
below. At that time, the architectural and structural engineering fees up to assessment district
formation were estimated to be no more than $494,000. That fee amount was taken from
estimates presented in the January 16, 1997, Downtown Parking Structure Feasibility Study
by Watry Design Group.
DISCUSSION
The attached BAO provides funding for architectural and engineering services through the
Phase II design development stage, which coincides roughly with 50 percent design
completion. During this .phase, .the consultant will develop the appearance of the structures,
survey the sites for existing underground utilities and property easements, conduct an
environmental assessment of the site, detail the interior electrical, mechanical, and other
specialty work and refine the construction cost and schedule. Specific additional areas of
concern that are now addressed in the Phase 1I portion of the scope of work and were not
included in the original estimate are as follows:
Trattic: The traffic analysis portion of the environmental assessment will consider the
impacts of four different scenarios: no-build; build only on Lot R; build only on Lots
S & L; and build on both Lot R and Lots S & L. In addition to intersection levd-of-
service analysis, each scenario will include operational analyses such as pedestrian
safety, turning movements into and out of the structure, as well as the need for mid-
block turning lanes or other safety considerations. Traffic impacts on the South of
Forest Avenue (SOFA) area and University North will also be considered.
Options for Assessment DistrictFormation: This task is intended to assist the City in
sorting through policy implications related to implementation issues. Included for
analysis are potential .policy changes that may be necessary in order to comply with
Proposition 218, such as using a site-specific trip attraction rate, versus the "blended"
CMK:109:98 Page 3 of 7
rate of four spaces per 1,000 square feet that is currently used in the downtown parking
assessment district.
Teen Center Relocation: If a parking structure is built on Lots S & L, there will likely
be an area of non-parking space on the ground-level that may be suitable for a relocated
Teen Center, retail, or for space where a transportation coordinator could distribute
transit-related information, carpool parking passes and the like. The scope of work
includes a needs analysis for the existing Teen Center, and, if the space within the
parking structure is determined to be sufficient, for the interior design and layout of a
relocated Teen Center. The consultant fee for Teen Center work has been separated
from other work related to the design of the structures. If it is determined that, due to
design constraints or Council direction, a Teen Center is infeasible or undesirable, the
scope provides for analyzing alternative uses.
Contract Engineer Services
The Public Works Department does not have enough staff to manage the parking structure
project in addition to the current workload. In order to allow continued work on existing
projects, Council authorized staffto procure the services of a project management consultant
to supplement staff on parking structure issues. On July 29, 1997, a request for qualifications
was sent to 21 consulting firms, in which firms were requested to demonstrate their project
management experience, specifically related to parking structures. Based on the results of
the request for qualifications, requests for proposals were sent to 15 engineering firms on
August 29, 1997. Firms were given a total of four weeks to respond, and eight firms did so.
Three ftmas were selected for interviews with Public Works staff, and Turner Construction
Company was selected because of demonstrated experience in parking structure design
features, construction and construction management.
RESOURCE IMPACT
If downtown property owners do not approve a new parking assessment district, the City
would have to absorb design and other costs incurred up to that point. If a district is formed,
¯ costs incurred prior to formation of the assessment district will be reimbursed to the City
from bond proceeds. Costs for work occurring after the bond sale, including Phase
consultant services for final design, and PhaseIV for construction, testing and inspection of
the structures, will be paid directly from the proceeds of the bond sale.
Since the time of the original architectural fee estimate of $494,000, a detailed scope of work
has been written and although the resulting architectural and structural engineering fees did
not change significantly, subconsultant fees did increase by roughly $190,000. This fee
increase covers items such as the Teen Center study and design, a more detailed traffic study,
environmental assessment, reimbursables (travel, reproduction of plans, etc.), property line
and site survey, hazardous materials and soils analysis, and a report outlining assessment
options in light of Proposition 218.
CMR:109:98 Page 4 of 7
Two Budget Amendment Ordinances will be presented to Council for approval during the
course of Phase II. The first (Attachment B) covers primarily architectural and engineering
design services. A second BAO will include those services related to the formation of an
assessment district. Paying for these services was delayed until further research on the
impacts of Proposition 218 could be ascertained.
Funds will be needed for the following services prior to bond
Requested in. Attached Budget Amendment Ordinance:
Phase II Design Services - Watry Design Group:
Phase II Contract Engineer Services - Turner Constr:
Phase II Contract Planner Services:
Phase II operating expenses (copying, postage, etc.):
Subtotal:
sale:
$716,236
$175,812
$ 45,000
$ 5,000
$942,048
Fee.Estimates - Future BAO Requests:
Phase II (prior to assessment district proceedings):
Assessment Engineering:
Balloting Process:
Subtotal:
Anticipated Phase II Total:
$15,000
$10,000
$25,000
$967,048
The costs for assessment engineering are based on the assumption that the current assessment
district formula can be adjusted. If a new formula needs to be developed, the fee will likely
increase. Bond counsel costs will be paid out of the bond proceeds only if an assessment
district is formed.
There will be additional agreements requiring Council approval after formation of the
assessment district. These include Phase l!I services for final design and Phase IV services
such as the award of the construction contract for the structure(s), construction administration
services for both Warty Design Group and Turner Construction Company, hiring a contract
inspector to supplement existing Building Inspection Division staff, and a consultant
agreement with a testing laboratory for materials testing.
The In-Lieu Parking Fund (currently $798,000) can be used to finance part of the attached
BAO for Phase II of Capital Improvement Program 19530. The remainder of necessary
funding will come from the General Fund Budget Stabilization Reserve. If an assessment
district is not formed, the In-Lieu Parking Fund account will need to be reimbursed by the
General Fund. If a new assessment district is eventually formed, proceeds from the future
bond sale can be used to reimburse monies advanced from General Fund Budget Stabilization
Reserve.
ClvIK:109:98 Page 5 of 7
The purpose of the Resolution of Intent is to be able to use a portion of the bond proceeds to
reimburse the City for expenditures made by the City prior to the bond issuance that were in
furtherance of the project. Because the bonds will be tax-exempt, the uses of the bond
proceeds are strictly controlled. IRS Regulations section 1.150-2 allow a public agency that
plans to issue tax-exempt bonds ~o pass a resolution declaring its intention to issue bonds and
to reimburse expenditures out of the issuance.
POLICY IMPLICATIONS
Approval of the amendment and agreement are consistent with existing City policies.
TIMELINE
The design and construction of the proposed parking structures are separated into the
following phases:
Phase I:Feasibility Study (completed) - A "Downtown Parking Structure Feasibility
Study" was completed by Watry Design Group on January 16, 1997. The
study results were presented to Council on March 24, 1997 (CMR:183:97).
Phase II:Preliminary Design (Prior to Assessment District Formation) - This Phase
provides the project’s environmental assessment as well as design services to
approximately 50 percent completion stage of design. When the Phase II plans
and environmental documents are reviewed and approved, staff will return to
Council for authorization to hold a mail-ballot assessment district proceeding.
Phase III:Final Design - If the assessment district is approved by Council and property
owners in Phase II, staffwill negotiate Final Design services with the Watry
Design Group and Turner Construction. After Council has approved the
contracts, the contract documents will be completed and advertised for bids
during Phase IlL Final design is estimated to take six months to complete. ¯
Phase IV:Construction Phase - Construction on the structure(s) will begin after the
award of a construction contract. The bond sale would occur after construction
bids have been received. The average time to complete each structure is
roughly one year.
Staff estimates that it may take over a year before the project has been approved by City
reviewing boards so that an assessment district proceeding can be held, and up to two and
one-half years before construction begins on the first structure. A preliminary schedule is
shown in Attachment A.
CMR:109:98 Page 6 of 7
ENVIRONMENTAL ASSESSMENT
An environmental assessment will be prepared as part of the amendment with Watry Des.;gn
Group.
ATTACItMENTS
A - Preliminary Project Schedule
B - Budget Amendment Ordinance
C - Amendment No. 1 to Contract C607145 with Watry Design Group
D - A!p’eement with Turner Construction Company
E - Resolution of Intent
PREPARED BY: Karen Bengard, Senior Engineer, Public Works
DEPARTMENT HEAD REVIEW:
CITY MANAGER APPROVAL:
GLENN S. ROBERTS
Director of Public Works
City Manager "
CC:Planning Commission
Architectural Review Board
Susan Frank, Chamber of Commerce
Project Study Committee
Dan Lorimer, Downtown North Neighborhood Association
Patrick Butt, University South Neighborhoods Group
CMK:109:98 Page 7 of 7
AYTACHMENT A
ORDINANCE NO.
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
AMENDING THE BUDGET FOR THE FISCAL YEAR 1997-98 TO
PROVIDE AN ADDITIONAL APPROPRIATION TO CAPITAL
IMPROVEMENT PROJECT, 19530, DOWNTOWN PARKING STRUCTURE
’WHEREAS, pursuant to the provisions of Section 12 of Article
III of the Charter of the City of Palo Alto, the Council on June
23, 1997 did adopt a budget for fiscal year 1997-98; and
WHEREAS, on July 7, 1997, Council directed staff to initiate
the work necessary for possible construction of one or two multi-
level parking structures in the downtown area; and
WHEREAS, actual construction of such structures is contingent
on the formation of a downtown assessment district through which
property owners from the University Avenue parking district would
fund the construction of the structures; and
WHEREAS, in-lieu parking fees for the University Avenue parking
assessment district, which have been collected from developers of
certain downtown properties, which will also be used for
construction of public parking spaces within the assessment
district; and
WHEREAS, prior to the formation of an assessment district,
Council has authorized the expenditure of City funds for preliminary
design and project management services; and
WHEREAS, if an assessment district is approved, these costs
will be reimbursed to the City through bond proceeds, but if an
assessment district is not approved, the City will be required to
absorb the design and other costs previously incurred; and
WHEREAS, it is estimated that preliminary design, project
management, and other pre-assessment project expenses will cost a
total of $942,048; and
WHEREAS, there are insufficient funds available in the Parking
In-Lieu Fund to cover the expenses, so the remainder will come from
the Budget Stabilization Reserve; and
WHEREAS, the budget needs to be amended to increase Capital
Improvement. Project 19530, Downtown Parking Structures, to fund
preliminary design and project management services; and
WHEREAS, City Council authorization is needed to amend the
1997-98 budget as hereinafter set forth.
NOW,’ THEREFORE, the Council of the City of Palo Alto does
ORDAIN as follows:
SECTION......1. The sum of Seven Hundred Ninety-Eight Thousand
Dollars ($798,000) is hereby transferred to the Capital Improvement
Fund, and the University Avenue Parking In-Lieu Fund is
correspondingly reduced.
SECTION 2. This transaction will reduce the University Avenue
Parking In-Lieu Fund from~$798,000 to $0.
SECTION 3. The sum of One Hundred Forty-Four Thousand and
Forty-Eight Dollars ($144,048) is hereby transferred to the Capital
Improvement Fund and the Budget Stabilization Reserve is
correspondingly reduced.
SECTION 4. This transaction will reduce the Budget
Stabilization Reserve from $17,624,399 to $17,480,351.
SECTION 5. Capital Improvement Project No. 19530 in the Public
Works Department is increased by the sum of Nine Hundred Forty-Two
Thousand and Forty-Eight Dollars ($942,048).
SECTION. 6. As specified in Section 2.28.080(a) of the Palo
Alto Municipal Code, a two-thirds vote of the City Council is
required to adopt’this ordinance.
SECTION. 7. The environmeni.al assessment for the parking
structure project will be prepared as part of the design contract.
SECTION 8. As provided in Section 2.04.350 of the Palo Alto
Municipal Code, this ordinance shall become effective upon adoption.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
ATTEST:
Senior Asst. City Attorney
City Clerk
APPROVED AS TO FORM:
APPROVED:
Mayor
City Manager
Acting Director, Administrative
Services Department
Director of Public Works
AMENDMENT NO. ONE TO CONTRACT NO. C6076145
BETWEEN THE CITY OF PALO ALTO AND
WATRY DESIGN GROUP
This Amendment No. One to Contract No.
C6076145("Contract") is entered into , by and
between the CITY OF PALO ALTO, a chartered city and a municipal
corporation of the State of California ("CITY"), and WATRY DESIGN
GROUP, a California corporation, located at 15D0 Fashion Island
Boulevard, Suite 200, San Mateo, CA 94404 ("Consultant").
RE C I T A L S:
WHEREAS, the Contract was entered into between the
parties for the provision of design consultant services; and
WHEREAS, the parties wish to amend the Contract;
NOW, THEREFORE, in consideration of the covenants, terms,
conditions, and provisions of this Amendment, the parties ~gree:
SECTION... I. Section 2.1 is hereby amended to read as
follows:
"2.1 CITY
follows:
The City Manager will be the representative of
CITY for all purposes under this Agreement.
KAREN BENGARD hereby is designated as the
Project Manager for the City Manager and she
shall supervise the progress and execution of
this Agreement, and shall be assisted by DEBRA
JACOBS, the Project Engineer."
.S.ECTION 2. secti6n 4.1 is hereby amended to read as
"4.1 SERVICES TO BE FURNISHED
(a) CONSULTANT shall provide,
without limitation, all services, labor
expertise, and material necessary to
accomplish the complete Scope of Services for
this project as described in Exhibit "A", which
is incorporated herein by this reference.
(b) CONSULTANT shall coordinate the
work with CITY to ascertain the requirements
of the Project and shall confirm such
requirements to the Project Engineer.
9E0103 ~¢n 0071331~
1
follows:
(c) Upon completion of services,
CONSULTANT shall turn over to the CITY any and
all copies of studies, sketches, drawings,
computations and other data prepared by the
CONSULTANT or loaned by the CITY during the
course of the preliminary design."
SECTION 3. Section 6.1 is hereby amended to read as
"6.1 CONSULTANT’S FEES
In consideration for the full performance
of the Basic Services and Reimbursable
Expenses described in Section 4.1 and 6.1.3 of
this Agreement, CITY agrees to pay CONSULTANT
a fee not to exceed seventy thousand dollars
($70,000) for Phase One and six hundred
eighty-two thousand one hundred thirty-six
thousand dollars ($682,136) for Phase Two. At
the conclusion of Phase Two and subject to
Council decision to proceed with the final
design and construction of a parking structure
and at thediscretion of the Program Manager,
CONSULTANT will be invited to negotiate for
the final design and construction stage for a
not-to-exceed fee which will be based on the
estimated value of work resulting from Phase
Two."
follows:
SECTION 4.Section 7.1 is hereby amended to read as
"7.1 TERM OF AGREEMENT
The term of this Agreement shall commence
upon its execution by CITY. The work for
Phase One and Phase Two shall start
immediately upon receipt by CONSULTANT of the
respective Notices to Proceed. This Agreement
shall terminate on December 31, 1999."
SECTION 5. The following exhibit tO the Contract is
hereby amended to read as set forth in the attachment to this
Amendment, which is incorporated in full by this reference:
a. Exhibit "A" entitled "Scope of Work--
Architectural and Engineering Services for the
Design of Downtown Parking Structures."
$ECTION 6. Except as herein modified, all other
provisions of the Contract, including any exhibits and subsequent
.amendments thereto, shall remain in full force and effect.
9~0103 syn 007133g
IN WITNESS WHEREOF, the part£es have by ~heir duly
authorized representatives executed this Amendment on the date
flr~t above written.
ATTEST :CITY OF PALO ALTO.
City Clerk Mayor
APPROVED AS TO FORM:
Senior Asst. City A£~orney-
APPROVED:
WATRY DESIGN CROUP
!
Taxpayer I.D. No, 94-2902782
Asslst~n~ City Manager
.hi’rector of Public Work~
Ac~ing Director of
Administrativ~ Services
~iskManager
Attachment:
-EXHIBIT Sco~e of work - Architectural and Engineerin~SerVices for th~ Design of Downtown Parking
$Cz~ctures
(divil code ~ I189)
)
)
On ~ ~N~U...].~? ,. be~oxe me, the undersigned, 8
notary publiC- in mnd ~for"sa~d County, personally appeared
satisfactory ev%~nce) tD be the person(~9 whose n~me(~) is/~-~
subscribed to the within inst~ment, and acknowledged to me that
.~e/she/~y execut,d t~e s~e in als/her/~r authorized
cmpacity(~), and ~hah by ~is/he=/~r signature(s) On the
inst~,ment th~ person(z)~ or the en~i~y upon be~If o£ which the
p~[son(~) auted, execut~ th~ inst~ent.
WIT~ESS my hand and’of£iclal seal.
EXHIBIT A
SCOPE OF WORK
PROJECT MANAGEMENT SERVICES
during the
DESIGN AND CONSTRUCTION OF DOWNTOWN PARKING STRUCTURES
GENERAL
Project Description
The University Avenue Parking Assessment District currently has 2,257 spaces of public off-
street parking available. The parking facilities consist of 15 surface lots and 4 parking
garages. A January 1997 study by Watry Design Group identified a parking shortfall of 1,491
spaces in Palo Alto’s downtown business area (bounded roughly by Lytton Avenue to the
north, Forest Avenue to the south, Alma Street to the west and Webster Street to the east). To
remedy the parking shortage, the city will propose that an assessment district be formed in the
downtown area in order to finance the construction of two parking structures in the downtown
area. The City currently provides free limited-duration parking (both on and off-street) in the
downtown area for customers and visitors. Figure 1 shows a vicinity map of the Downtown
area which identifies existing City parking lots. Copies of the "Downtown Parking Structure
Feasibility Study" are available for purchase at the Transportation Division, 6th Floor, 250
Hamilton Avenue. The report contains information on the parking demand analysis, site
analysis and economic analysis.
One of the parking structures will be located at the site of existing Lot R (also know as the
High/Alma Street South Lot). The lot is 100-feet wide and 225-feet long and is bordered on
the north by two buildings,’ one of which is a three-story office/retail/restaurant building, and
the other is a two-story building with retail on the ground floor and professional offices on the
second. The south side is bordered by a single, unreinforced masonry building running the
entire length of the lot and houses a variety of retail shops. The proposed structure shows one
at-grade and three above-grade parking levels with a total of 210 spaces. Estimated 1996
construction cost for the structure is $3.3 million (design, financing and other costs ai’e not
included in the estimate).
The other structure will be built on Lot S/L (also known as the Bryant/Florence Lot). This
structure will have two below-grade, one at-grade and four above-grade parking levels. A
total of 699 stalls as well as possible retail uses and public restrooms are proposed. Estimated
construction cost is $10.3 million (in 1996 dollars - design, financing and other costs are not
included in the estimate).
December 18, 1997
Project Goals
Existing City staffing levels are not sufficient to manage a project of this size. As a result, the
selected Consultant (hereinafter "Consultant") will perform duties typically done by City staff.
The Consultant will report to the Department of Public Works’ Project Manager (hereinafter
"Project Manager"), or designated representative. The Project Manager will provide general
project oversight, particularly related to budgetary issues, however day-to-daY operations will
be largely under the purview of the Consultant. It is anticipated that the City will retain the
Watry Design Group (hereinafter "Design Consultant") to produce design documents.
This Scope of Work focuses on Consultant supervision of Phase II (Preliminary Design) and
Phase III (Final Design) for both Structures R and S/L. A provision is included, however, for
an optional Phase III (Construction Management Services). Implementation of Phases III and
IV is dependent upon successful formation of an assessment district and/or construction costs
(see below). The Consultant is asked to submit a fee per task for Phases II and III, however,
the final scope and fee for Phases II and III will be negotiated after consultant selection. For
the City’s budgeting purpose, the Consultant is asked to provide a general fee for Phase IV
activities, although a detailed scope and fee for this phase will be developed sometime prior to
construction. The scope of services described herein is only a guide - the proposer is
encouraged to suggest modifications to the scope if it is felt that doing so will result in a better
work product.
The City reserves the right to negotiate an adjusted Consultant fee at any time during the
Project based upon changes to this Scope of Work. Such changes may include, but are not
limited to, the addition or deletion of Tasks, the reduction in the number or size of the parking
structures and personnel fee increases due to extensions in project duration.
Project Phases
The following phases
Phase I: .
Phase II:
Phase III:
Phase IV:
are referenced in this Scope of Work. They are as follows:
Downtown Parking Structure Feasibility Study. Completed by Watry
Design Group on January 16, 1997.
Preliminary Design. Includes environmental assessment and design
services to approximately 60 percent completion.
Final Design
Construction Administration Services
December 18, 1997
2
This Scope of Work focuses on Phase II (Preliminary Design) and Phase III (Final Design) for
both Structures R and S/L. Scope and fees for Phase IV (Construction Administration
Services) will be negotiated prior to construction. Implementation of Phases III and IV is
dependent upon successful formation of an assessment district and/or construction costs (see
below).
Assessment District Formation
It is the City’s intent to finance the funding of the parking structures through the formation of
a downtown assessment district. Design plans will be developed through Phase II so that
construction costs can be determined. The Consultant will play a critical role in performing an
independent review of the cost estimate. Once a construction estimate has been established,
the City will attempt to form an assessment district. Should downtown property owners vote
against the assessment, the design process (and Consultant services) will likely terminate.
If an assessment district is formed in Phase II, Phase III services will commence. If the low
construction bid is higher than the engineer’s estimate used to form the assessment district, the
project may need to be re-scoped or the financing adjusted to accommodate the higher cost. If
neither of these options are feasible, and the construction cannot be financed, negotiations for
the construction management services in Phase IV will not be initiated.
Project Schedule
A precise timetable for this project has not been determined, however it is the City’s desire to
meet the following general schedule:
Council Approves Mgmt Services Agreement
Council Approves Design Consultant Agreement
Complete Conceptual Plans
Complete Preliminary (60%) Plans & Enviro Assmt
Complete Conceptual Plan & Zoning Reviews by
Architectural Review Board,
Planning Commission and City Council
Form Assessment District - Complete Phase II
Complete Phase III Final Plans
Begin Construction of First Structure
Begin Construction of Second Structure
Fall 1997
Fall 1997
Winter 1998
Fall 1998
Summer 1999
Fall 1999
Spring 2000
Fall 2000
Fa!l 2001
December 18, 1997
3
As an initial task of this Scope, the selected consultant shall work with the Design Consultant,
City staff and others to develop a more detailed schedule and/or methods to expedite
construction.
Services and Information Provided by the City
The following information will be provided or made available by the City to the selected
Consultant:
[]
¯
¯
¯
Studies prepared as part of feasibility analysis
Parcel information
Survey data not included as part of the Design contract
Available as-builts of adjacent streets and facilities
Expenses
Unless negotiated as part of the Agreement between the City and Consultant the following
expenses shall be paid by"
City:
When approved by Project Manager, copying of plans, specifications, drawings or
reports that are not part of plan check submittals. Production of plan-check sets will
not be at Consultant expense.
[]Copying of final Construction Bid Documents
[]Advertising related to obtaining the services of a design consultant or construction bids
[]Costs incurred through notification of community meetings
Consultant:
[] Unless otherwise specified or approved by the Project Manager, the Consultant shall
provide their own working spaces, clerical staff, reprographic equipment Or other
services. See "Reimbursables" tasks for each Phase.
December 18, 1997
4
PHASE II - Preliminary Design: Oversee Design of Structures R and S/L
Provide management services to assist the City in project scoping, scheduling, budgeting and
preliminary (i.e., up to 60% plans, specifications and estimates) design.
Task 1:Project Start-Up
Ao Consultant shall review available documents related to the project. Errors or conflicts in
any of these documents shall be brought to the attention of the Project Manager and
resolved by Consultant.
Consultant shall become familiar with City requirements and procedures concerninj~ design
and specifications standards; permitting; City building codes; bid procurement; fire safety;
noise and traffic ordinances, and other design or construction-related requirements.
Consultant shall contact and work with City departments as needed to obtain this
information.
Task 2:Establish Document Controls
A.The Consultant will be expected to perform the following tasks throughout all applicable
Tasks in this ’Scope of Work:
[]
Create and maintain a filing system approved by the Project Manager
Maintain schedules/progress charts in Critical Path Format
Prepare and maintain computer logs for items such as changes, requests for
information, architectural instructions, proposal requests, change orders,~ progress
paYments, s.ubmittals, contract drawings and any other such items as directed by the
Project Manager. These items shall be maintained on software compatible with City
software.
Task 3:Oversee Preliminary Design of Structures R and S/L
A.The Consultant shall provide the Design Consultant with information needed to develop
plans and specifications for Structures R and S/L, such as existing utility locations, right-
of-way information, specifications formats and design requirements. Information
contained within the Department of Public Works shall be obtained by the Consultant. If
the information is maintained by departments other than Public Works, the Project
December 18, 1997
Manager shall identify a point of contact and the Consultant shall contact that department
to obtain the desired information.
Do,
Fo
Consultant shall work with the Design Consultant and the Project Manager to develop a
project schedule.
At the request of the Project Manager, Consultant shall provide the Design Consultant
information or clarification needed for the design. Such information might involve
preferred structural options, architectural treatments, traffic requirements, construction
scheduling, etc.
Consultant shall review and comment on plans, specifications and cost-estimates submitted
(i.e., plan checks) by the Design Consultant. These reviews are anticipated at the 10%,
35% and 60% stages.
E. In addition to plan-checks Consultant may be asked to evaluate:
¯soils reports ’
¯survey control and right-of-way verification
¯environmental reports
¯entries and exits for pedestrians and vehicles
¯parking layout and traffic circulation
¯parking control equipment
¯Americans with Disabilities Act compliance
[]adequacy of lighting
¯maintenance issues and requirements
¯fire safety
[]construction materials
¯seismic requirements
~"underground utilities
¯ " electrical and mechanical systems
[]architectural treatments and exterior finishes
[]landscaping and art pieces
[]evaluate space usage and location (e.g., retail uses v.s. pocket park, etc)
[]relocation and/or demolition of existing facilities at the.site
Consultant shall distribute plans, reports or other documentation for review. If there are
conflicting comments between reviewers, Consultant shall discuss with Project Manager
and work with Project Manager, reviewers and Design Consultant to resolve conflicts.
Consultant shall compile resulting comments and distribute as needed.
December 18, 1997
6
G.Consultant shall prepare an independent construction cost estimate based on preliminary
design plans including all components necessary to deliver a completed project.
H.Consultant shall perform constructability reviews and advise Project Manager on
alternative construction and building methods and/or materials.
Consultant shall perform value engineering coordination with the City and Design
Consultant concurrent with the design of the project. Included in this evaluation might be
issues such as which structure should be built first or if concurrent construction would be
more beneficial,
Task 4:Prepare Request for Zoning Change
No Consultant shall, under the direction of the Project Manager, prepare applications or
reports necessary for zoning changes at the locations of both proposed parking structures.
This work includes coordinating with other City departments and preparing for and
attending necessary Planning Commission approval meetings (see "Meetings" below).
Task 5:Assist in Formation of Assessment District
A. This has been deleted.
Bo Consultant shall provide information requested by the Assessment Consultant that is
necessary for the formation of an assessment district in the downtown area. This may
include preparing and distributing a "notice of intent to form an assessment district" to
downtown property owners, responding to questions resulting from the notification and
assisting in setting up a voting area.
If an assessment district is not approved, or construction costs are significantly higher than
anticipated, Phase III work may not be initiated. At the direction of the Project Manager,
Consultant shall resolve outstanding work items and consolidate all project files and
documentation.
Task 6:Review Invoicing and Correspondence
A. This has been deleted.
B.At the Project Manager’s direction, Consultant shall review payment invoices submitted by
the Design Consultant or other consultants hired by Public Works as part of the parking
December 18, 1997
structure project. Within five (5) days of its receipt from the ProjectManager, Consultant
shall verify the invoice’s accuracy. Consultant shall resolve any discrepancies in the
invoice(s) and prepare a City Purchase Request for the Project Manager’s signature.
Consultant shall issue a monthly rep.ort to the Project Manager summarizing the project
schedule and budget (to include the Consultant’s own costs).
Consultant shall review and comment on any project-related correspondence forwarded by
the Project Manager. The Consultant may be asked to prepare a response to design,
construction or finance-related issues and correspondence from merchants, citizens or
outside agencies. Correspondence requiring a City response shall be signed only by the
Project Manager on City of Palo Alto letterhead. Routine or minor correspondence that is
related to product information or minor design issues may be prepared and answered by
the Consultant on the Consultant’s letterhead, with the response directed to the Project
Manager and a copy provided to the Design Consultant.
Task 7:Meetings
A.Throughout the Phase II design process, and under the direction of the Project Manager,
Consultant shall be prepared to address comments and concerns of City staff, the Design
Consultant, downtown merchants, citizens and Council. In addition, at the request of the
Project Manager, Consultant shall prepare presentation materials for and attend meetings
(of the estimated number and duration) with any or all of the following:
¯
[]
m
m
m
Five (5) 2-hour meetings to discuss community and/or.downtown merchants’
comments/concerns on design issues
Four (4) 3-hour meetings to develop preliminary design details:
Architectural Review Board (2) and City Council (2).
Two (2) 1-hour meetings, with the Public Art Commission
Two (2) 3-hour meetings with the Planning Commission for zoning changes
Meet twice a month, at a minimum, with the Project Manager to discuss
project status
Meet monthly, at a minimum, with the Design Consultant to review design
status
Attend progress meetings with various City departments on an as-needed basis
B.This has been deleted.
December 18, 1997
Task 8:Additional Services
A.These services may be related to the investigation and evaluation of existing conditions or
facilities; verification of existing drawings or other information provided by the City;
review of additional.traffic, survey or other studies; construction implementation issues
(equipment/trailer storage areas, etc.); and additional meeting attendance.’ Performance of
such additional services will require approval from the Project Manager.
Task 9:Reimbursables
A.This task includes miscellaneous incurred costs such as travel expenses, copying
documents for office use, telephone charges, film, video, photographs and postage
expenses. -
Task 10:Personnel Charge Rates - Inflation Adjustments
A.Fee proposal is based on 1997 hourly personnel costs. Adjustment for fee increases shall
not exceed 5 percent per year through the end of Phase II.
Phase III - Final Design: Oversee Final Design of Structures R and S/L
Assist the City in producing construction bid documents and cost estimates.-
Task 11:Oversee the Final Design of Structures R and S/L
Ao The Consultant shall provide the Design Consultant with information needed to develop
final construction documents for Structures R and S/L, such as existing utility locations,
right-of-way information, specifications formats and design requirements. Information
contained within the Department of Public Works shall be obtained by the Consultant. If
the information is maintained by departments other than Public Works, the Project
Manager shall identify a point of contact and the Consultant shall contact that department
to obtain the desired information.
B.Consultant shall work with the Design Consultant and the Project Manager to develop a
project schedule.
December 18, 1997
9
go
At the request of the Project Manager, Consultant shall provide the Design Consultant
information or clarification needed for the design. Such information might involve
preferred structural options, architectural treatments, traffic requirements, construction
scheduling, etc.
Consultant shall review and comment on plans, specifications and cost-estimates submitted
(i.e., plan checks) by the Design Consultant. These reviews are anticipated at the 90% and
100% stages.
In addition to plan checks Consultant may be asked to evaluate:
[]soils reports
¯survey control and right-of-way verification
[]entries and exits for pedestrians and vehicles
¯parking layout and traffic circulation
¯parking control equipment
[]Americans with Disabilities Act compliance
[]adequacy of lighting
[]maintenance issues and requirements
[]fire safety
[]construction materials
[]seismic requirements
[]underground uiilities
[]electrical and mechanical systems
[]landscaping and art pieces
~"relocation and/or demolition of existing facilities at the site
Consultant shall distribute plans, reports or other documentation for review. If there are
conflicting comments between reviewers, Consultant shall discuss with Project Manager
and work with Project Manager, reviewers and Design Consultant to resolve conflicts.
Consultant shall compile resulting comments and distribute as needed.
.Consultant shall prepare an independent construction cost estimate based ’on design plans
including all components necessary to deliver a completed project.
Consultant shall perform constructability reviews and advise P~’oject Manager on
alternative construction and building methods and/or materials.
Task 12:Review Invoicing and Correspondence
A. This has been deleted.
December 18, 1997
10
At the Project Manager’s direction, Consultant shall review payment invoices submitted by
the Design Consultant or other consultants hired by Public Works as part of the parking
structure project. Within five (5) days of its receipt from the Project Manager, Consultant
shall verify, the invoice’s accuracy. Consultant shall resolve any discrepancies in the
invoice(s) and prepare a City Purchase Request for the Project Manager’s signature.
Consultant shall issue a monthly report to the Project Manager summarizing the project
schedule and budget (to include the Consultant’s own costs).
Consultant shall review and comment on any project-related correspondence forwarded by
the project Manager. The Consultant may be asked to prepare a response to design,
construction or finance-related issues and correspondence from merchants, citizens or
outside agencies. Correspondence requiring a City response shall be signed only by the
Project Manager on City of Palo Alto letterhead, Routine or minor correspondence that is
related to product information or minor design issues may be prepared and answered by
the Consultant on the Consultant’s letterhead, with the response directed to the Project
Manager and a copy provided to the Design Consultant.
Task 13: Meetings
mo Throughout the Phase III design process, Consultant shall be prepared to address
comments and concerns of City staff, the Design Consultant, downtown merchants,
citizens and Council. In addition, at the request of the Pr.oject Manager, Consultant shall
prepare presentation materials for and attend meetings (of the estimated number and
duration) with any or all of the following:
[]
[]
Two (2) 3-hour meetings to discuss community and downtown merchants’
comments/concerns on design issues. The Consultant shall notify the
community in advance of these meetings by a notice placed in local paper(s).
Four (4) 3-hour meetings to develop preliminary design details:
Architectural Review Board (1); Planning Commission (1); and City Council
(2).
Meet weekly, at a minimum, with the Project Manager to discuss project status
Meet hi-weekly, at a minimum, with the Design Consultant to review design
status
Attend progress meetings with various City departments on an as-needed basis
December 18, 1997
11
Consultant shall, if directed by the Project Manager, organize meetings between the
Design Consultant, other City departments, merchants or citizens. Consultant shall contact
attendees, arrange meeting times and dates, prepare agendas, distribute agendas (before the
meeting) and prepare and distribute meeting minutes. City conference rooms may be
available for this purpose.
Task 14:Construction Bid Documents
Co
Eo
Consultant shall determine the number of bid sets (plans and specifications) that may be
needed and have that amount produced by a vendor selected by the Project Manager. Bid
sets shall be made available for purchase by interested bidders at City Hall.
Consultant shall prepare a list of potential bidders and notify them in writing of the
availability of bid sets. Consultant shall also provide advertisement in Builder’s
Exchanges, area newspapers, trade publications and the City’s (Internet) Home Page.
Consultant shall attend a pre-bid meeting and assist Project Manager in informing potential
contractors of the project.
Consultant shall be the point of contact for contractor question~; related to the bid
documents. Consultant shall, via the Project Manager, prepare and issue any needed
Addendums to the bid set.
Consultant shall evaluate bids received for their completeness and compliance with bid
requirements as set forth in the specifications and make a recommendation for award or
rejection of bids.
Task 15:Extra Services
If all bids are ~ejected as a result of funding constraints, Consultant shall work with the
Design Consultant to identify areas for potential scope reduction. If it is determined that
the project should be re-scoped and re-bid, Consultant shall work with Design Consultant
to expedite this process.
B.If it is determined that adjustments should be made to the assessment district, Consultant
shall assist in this effort as-needed.
C.Consultant shall prepare a background information report that outlines the project history,
assesses financing requirements and summarizes the bids received and a recommended
December 18, 1997
12
action(s). This information shall be incorporated by the Project Manager in an information
report to Council.
Consultant may be asked by the Project Manager to p~rform additional services related to
the investigation .and evaluation of existing conditions or facilities; verification of existing
drawings or other information provided by the City.
Task 16:Reimbursables
A.This task includes miscellaneous incurred costs such as travel costs, copying documents for
office use, telephone charges, film, video, photographs and postage expenses.
PHASE IV - Construction Management Services - Structures R and S/I,
(Optional)
Provide services to deliver a complete project consistent with the contract documents, within ’
budget and on schedule.
The Tasks listed below are intended to give a general idea of potential Phase IV activities. The
cbrresponding fee proposed by the consultant for this Phase is for budgetary purposes only. A
detailed Scope of Work and corresponding fee will be negotiated upon successful completion
of Phase III activities.
Task 17:Construction Management
A.Consultant shall implement the contract documents, coordinate with the contractor and
provide day to day management to include the following activities:
m
m
IN
m
[]
mm
[]
Document construction progress with photographs and/or videos in order to
.establish a basis for progress payments, claims, etc.
Coordinate with utility companies
Review and process Requests for Information, Shop Drawings and other
contractor submittals
Prepare Extra Work Authorizations for Project Manager signature
Prepare Change Orders for Project Manager signature
Track submittal status
Respond to questions from suppliers, subcontractors, merchants or others
Prepare daily inspection report and other pertinent construction documentation
December 18, 1997
13
Review and recommend for payment on all progress payments.
Issue a monthly report to the Project Manager summarizing the project schedule
and budget (to include the Consultant’s costs).
Assist Design Consultant in preparation of Punch List Inspection for completed
work and ensure that the identified work items are completed
Meet as needed with downtown merchants or citizens to discuss the construction
schedule, traffic control plans and other issues related to construction
Conduct weekly construction meeting. Take meeting minutes and provide
copies to attendees. Research and resolve issues that arise at the meetings.
on an as-needed basis, visit the site to solve problems t~hat arise during
construction.
Task 18:Provide Inspection Services
A.At the request of the Project Manager, Consultant shall provide the services of
International Conference of Building Officials (I.C.B.O.) certified inspector (hereinafter
Resident Project Representative, or RPR) or licensed professional engineer to represent the
City on-site. The RPR shall be approved by the City as having appropriate work-
experience for the position. The RPR shall be retained prior to construction and shall
attend the pre=construction meeting. The RPR shall work full-time at the construction site
once the Project Manager determines that full-time representation is needed.
Consultant shall secure the services a testing agency for materials testing as well as for.the
Uniform Building Code’s Special Inspections such as weld and fastener inspection,
post/pre-tensioned concrete inspection, electrical, mechanical, etc. The inspector(s) shall
be subconsultants to the Consultant.
C.Consultant shall coordinate progress field tests and sign-offs required by various agencies.
Consultant shall review testing agency reports for compliance with specifications.
Task 19: ¯ Provide Office Spaces (optional)
A.At the option of the City, Consultant shall maintain an office or trailer located within the
City of Palo Alto or at a location acceptable to the Project Manager. The office shall be
equipped with telephones, a facsimile and copying machine. The office and equipment
shall be maintained at Consultant expense from a date no earlier than the construction
Notice to Proceed is issued until the date the Project Manager issues the Notice of
Substantial Completion.
December 18, 1997
14
Task 20:Post-Construction Services
Co
Consultant shall, under the direction of the Project Manager, resolve all contract claim
issues (Stop Notices, bonding, etc).
Consultant shall ensure that warranty information is provided by the contractor. Warranty
and other related close-out information shall be compiled by Consultant and grouped by
specifications sections.
Consultant shall coordinate the preparation of record drawings with the contractor and
review these drawings for as-built accuracy.
D. Consultant shall consolidate all project files and documentation.
Task 21:Provide Warranty-Period Services
A.Consultant shall respond to and coordinate items related to defective work-items that are
included in the project’s warranty period. This may include coordinating the services of
the Design Consultant, contractor or City maintenance staff.
Task 22:Additional Services
Ao Consultant may be asked by the Project Manager to perform additional services related to
the investigation and evaluation of existing conditions or facilities; verification of existing
drawings or other information provided by the City; construction-related issues such as
staging and traffic control; liaison and meetings with downtown merchants and residents
related to construction.
Task 23:Reimbursables
A. This task includes miscellaneous incurred costs such as travel costs, copying documents for
. office use, telephone charges, film, video, photographs and postage expenses.
KB\turner.scp
END
December 18, 1997
15
CONTRACT NO.
BETWEEN THE CITY OF PALO ALTO AND
TUR~/ER CONSTRUCTION COMPANY
FOR CONSULTING SERVICES
ATI~ACHMENT D
This Contract No.is entered into ,
by and between the CITY OF PALO ALTO, a chartered city and a
municipal corporation of the State of California ("CITY"), and
TURNER CONSTRUCTION COMPANY, a New York corporation, located at I01
Park Center Plaza, Suite Ii00, San Jose, CA 95113 ("CONSULTANT").
RECITALS:
WHEREAS, CITY desires certain professional consulting
services ("Services") and the preparation and delivery of, without
limitation, one o~ more~sets of documents, drawings, maps, plans,
designs, data, calculations, surveys, specifications, schedules or
other writings ("Deliverables") (Services and Deliverables are,
collectively, the "Project"), as more fully described in Exhibit "A";
and
WHEREAS, CITY desires to engage CONSULTANT, including its
employees, if any, in providing the Services by reason of its
qualifications and experience in performing the Services, and
CONSULTANT has offered to complete the Project on the terms and in
the manner set forth herein;
NOW, THEREFORE, in consideration of the covenants, terms,
conditions, and provisions of this Contract, the parties agree:
SECTION I..TERM
i.I This Contract will commence on the date of its
execution by CITY, and will terminate upon the completion of the
Project, unless this Contract is earlier terminated by CITY. Upon
the receipt of CITY’s notice to proceed, CONSULTANT will commence
work on the initial and subsequent Project tasks in accordance with
the time schedule set forth in Exhibit "A". In the event that the
Project is not completed within the time required through any fault
of CONSULTANT, CITY’s city manager will have the option of extending
the time schedule for any period of time. This provision will not
preclude the recovery of damages for delay caused by CONSULTANT.
SECTION 2.SCOPE OF PROJECT;CHANGES & CORRECTIONS
2.1 The scope of Services andDeliverables constituting
the Project will be performed, delivered or executed by CONSULTANT
under the phases of the Basic Services as described below.
2.2 CITY may-order substantial changes in the.scope or
character of the Basic Services, the Deliverables, or the Project,
1
971219 Wn (~71316
either decreasing or increasing the amount of work required of
CONSULTANT. In the event that such changes are ordered, subject to
the approval of CITY’s City Council, as may be required, CONSULTANT
will be entitled to full compensation for all work performed prior
to CONSULTANT’s receipt of the notice of change and further will be
entitled to an extens±on of the time schedule. Any increase in
compensation for substantial changes will be determined in
accordance with the provisions of this Contract. CITY will not be
liable for the cost or payment of any change in work, unless the
amount of additional compensation attributable to the change in
work is agreed to, in writing, by CITY before CONSULTANT commences
the performance of any such change in work.
SECTION 3.
CONSULTANT
QUAL!.FICATIONS,STATUS,... AND DUTIES .OF
3.1 CONSULTANT represents and warrants that it has the
professional qualifications to furbish or cause to be furnished the
Services and Deliverables. CONSULTANT will furnish to CITY for
approval, prior to execution of this Contract, a list of all
individuals and the names of their employers or principals to be
employed as consultants.
3.2 In reliance on the representations and warranties
set forth in this Contract, CITY hires CONSULTANT to execute, and
CONSULTANT covenants and agrees that it will execute or cause to be
executed, the Project.
3.3 CONSULTANT will assign Mike Miller as the project
director to have supervisory responsibility for the performance,
progress, and execution of the Project. Craig Braccia will be
assigned as the project coordinator who will represent CONSULTANT
during the day-to-day work on the Project. If circumstances or
conditions subsequent to the execution of this Contract cause the
substitution of the project director or project coordinator for any
reason, the appointment of a substitute project director or
substitute project coordinator will be subject to the prior written
approval of the project manager.
3.4 CONSULTANT represents and warrants that it will:
3.4.1 Procure al! permits and licenses, pay all
charges and fees, and give all notices which may be necessary and
incident to the due and lawful prosecution of the Project;
3.4.2 Keep itself fully informed of all existing and
future Federal, State of California, and local laws, ordinances,
regulations, orders, and decrees whichmay affect those engaged or
employed under this Contract and anymaterials used in CONSULTANT’s
performance of the Services;
3.4.3 At all times observe and comply with, and cause
its employees and consultants, if any, who are assigned to the
2
971219 syn 0071316
performance of this Contract to observe and comply with, the laws,
ordinances, regulations, orders and decrees mentioned above; and
3.4.4’ Will report i~ediately to the project manager,
in writing, any discrepancy or inconsistency it discovers in the
laws, ordinances, regulations, orders, and decrees mentioned above
in relation to the Deliverables.
3.5 Any Deliverables given to, or prepared or assembled
by, CONSULTANT or its consultants, if any, under this Contract will
become the property of CITY and will not be made available to any
individual or organization by CONSULTANT or its consultants, if
any, without the prior written approval of the city manager.
3.6 CONSULTANT will provide CITY with one (I) copy of
any documents which are a part of the Deliverables upon their
completion and acceptance by CITY.
3.7 If CITY requests additional copies of any documents
which are a part of the Deliverables,CONSULTANT will provide such
additional copies and CITY will compensate CONSULTANT for its
duplicating costs.
3.8 CONSULTANT will be responsible for employing or
engaging all persons necessary to execute the Project. All
consultants of CONSULTANT will be deemed to be directly controlled
and supervised by CONSULTANT, which will be responsible for their
performance. If any employee or consultant of CONSULTANT fails or
refuses to carry out the provisions of this Contract or appears to
be i~competent or to act in a disorderly or improper manner, the
employee or consultant will be discharged immediately from further
performance under this Contract on demand of the project manager.
3.9 In the execution of the Project, CONSULTANT and its
: consultants, if any, will at all times be considered independent
contractors and not agents or employees of CITY.
3.10 CONSULTANT will perform or obtain or cause to be
performed or obtained any and all of the following Additional
Services, not included under the Basic Services, if so authorized,
in writing, by CITY:
3.10.1 Providing services as an expert witness in
connection with any public hearing or meeting, arbitration
proceeding,or proceeding of a court of record;
3.10.2 Incurring travel and subsistence expenses for
CONSULTANT and its staff beyond those normally required under the
Basic Services;
3.10.3 Performing any other’Additional Services that
may be agreed upon by the parties subsequent to the execution of
this Contract; and
3971219 syn 0071316
3.10.4 Other Additional Services now or hereafter
described in Exhibit "A" to this Contract.
3.11 CONSULTANT will be responsible for employing
all consultants deemed necessary to assist CONSULTANT in the
performance of the Services. The appointment of consultants must
be approved, in advance, by CITY, in writing, and must remain
acceptable to CITY during the term of this Contract.
SECTION 4. DUTIES OF CITY
4.1 CITY will furnish or cause to be furnished the
services .listed in Exhibit "A" and such information~regarding its
requirements applicable to the Pro~ect as may be reasonably
requested by CONSULTANT.
4.2 CITY will review and approve, as necessary, in a
timely manner the Deliverables and each phase of work performed by
CONSULTANT. CITY’s estimated time of review and approval will be
furnished to CONSULTANT at the time of submission of each phase of
work. CONSULTANT acknowledges and understands that the
interrelated exchange of information among CITY’s various
departments makes it extremely difficult for CITY to firmly
establish the time of each review and approval task. CITY’s failure
to review and approve withinthe estimated time schedule will not
constitute a default under this Contract. -~
4.3 The City Manager ~will represent CITY for all
purposes under this Contract. KAREN BENGARD is designated as the
Project Manager for the City Manager. The Project Manager will
supervise the performance, progress, and execution of the Project,
and will be assisted by DEBRA JACOBS, the Project Engineer.
4.4 If CITY observes or otherwise becomes aware of.any
default in the performance of CONSULTANT, CITY will use reasonable
efforts to give written notice thereof to CONSULTANT in a timely
manner.
SECTION 5 .....,COMPENSATION
5.1 CITY will compensate CONSULTANT for the following
services and work:
5.1.1 In consideration of the full performance of the
Basic Services, including any authorized reimbursable expenses,
CITY will pay CONSULTANT a fee not to exceed one hundred sixty-
seven thousand four hundred twelve dollars ($167,412). The amount
of compensation wil! be calculated in accordance with the hourly
rate schedule set forth in Exhibit "B", on a time and materials
basis, up to the maximum amount set forth in this Section. The
fees of the consultants, who have direct contractual relationships
with CONSULTANT, will be approved, in advance, by CITY. CITY
reserves the right to refuse payment of such fees, if such prior
approval is not obtained by CONSULTANT.
4971219 ~yn 0071316
5.1.2 In consideration of the full performance of
Additional Services, the amount of compensation set forth in
Exhibit °’B" will not exceed eiwht thousand three hunfred seventy-one
dollars ($8,371). An employee’s time will be computed at a multiple
of one(l.0) times the employee’s direct personnel expense described
below. The rate schedules may be updated by CONSULTANT only once
each calendar year, and the rate schedules will not become
effective for purposes of this Contract, unless and until
CONSULTANT gives CITY thirty (30) days’ prior written notice of the
effective date of any revised rate schedule.
5.1.3 The full payment of charges for extra work or
changes, or both, in the execution of the Project will be .made,
provided such request for payment is initiated by CONSULTANT and
authorized, in writing, by the project manager. Payment will be
made within thirty (30) days of submission by CONSULTANT of a
statement, in triplicate, of itemized costs covering such work or
chahges, or both. Prior to commencing such extra work or.changes,
or both, the parties will agree upon an estimated maximum cost for
such extra work or changes. CONSULTANT will not be paid for extra
work or changes, including, without limitation, any design work or
change order preparation, which is made necessary ,on account of
CONSULTANT’s errors, omissions, or oversights.
5.1.4 Direct personnel expense of employees assigned
to the execution of the Project by CONSULTANT will include only the
work of project managers, estimators, and administrative personnel
pertaining to the Project, and in services rendered during
construction at the site, to the extent such services are expressly
contemplated under this Contract. Included in the cost of direct
personnel expense of these employees are salaries and mandatory and
customary benefits such as statutory employee benefits, insurance,
sick leave, holidays and vacations, pensions and similar benefits.
5.2 The schedule of payments will be made as follows:
5.2.1 Payment of the Basic Services will be made in
monthly progress payments in proportion, to the quantum of services
performed, or in accordance with any other schedule of payment
mutually agreed upon by the parties, as set forth in Exhibit "B",
or within thirty (30) days of submission, in triplicate, of such
requests if a schedule of payment is not specified. Final payment
will be made by CITY after CONSULTANT has submitted all
Deliverables, including, without limitation, reports which have
been approved by the project manager.
5.2.2 Payment of the Additional Services will be
made in monthly progress payments for services rendered, within
thirty (30) days of submission, in triplicate, of such requests.
5.2.3 No deductions will be made from CONSULTANT’s
compensation on account of penalties, liquidated damages, or other
sums withheld by CITY from payments to general contractors.
971219 ,yn 007-1316 5
SECTION 6.ACCOUNTING, AUDITS, OWNERSHIP OF RECORDS
6.1 Records of the direct personnel expenses and
expenses incurred in connection with the performance of Basic
Services and Additional Services pertaining to the Project will be
prepared, maintained, and retained by CONSULTANT in accordance with
generally accepted accounting principles and will be made available
to CITY for auditing purposes at mutually convenient times during
the term of this Contract and for three (3) years following the
expiration or earlier termination of this Contract.
6.2 The originals of the Deliverables prepared by or
under the direction of CONSULTANT in the performance of this
Contract will become the property of CITY irrespective of whether
the Project is completed upon CITY’s payment of the amounts
required to be paid to CONSULTANT. These originals will be
delivered to CITY without additional compensation. CITY will have
the right to utilize any final and incomplete drawings, estimates,
specifications, and any other documents prepared hereunder by
CONSULTANT, but CONSULTANT .disclaims any responsibility or
liability for any alterations or modifications of such documents.
SECTION 7.INDEMNITY
7.1 CONSULTANT agrees to protect, indemnify, defend and
hold harmless CITY, its Council members, officers, employees and
agents, from any and all demands, claims, or liability of any
nature, .including death or injury to any person, property damage or
any other loss, caused by or arising out of CONSULTANT’s, its
officers’, agents!, consultants’ or employees’ negligent acts,
errors, or omissions, or willful misconduct, or conduct for which
applicable law may impose strict liability on CONSULTANT in the
performance of or failure to perform its obligations under this
Contract.
SECTION 8.WAIVERS
8.1 The waiver by either party of any breach or
violation of any covenant, term, condition or provision of this
Contract or~of the provisions of any ordinance or law will not be
deemed to be a waiver ~of any such covenant, term, condition,
provision, ordinance, or law or of any subsequent breach or
violation of the same or of any other covenant, term, condition,
provision, ordinance or law. The subsequent acceptance by either
party of any fee or other money which may-become due hereunder will
not be deemed to be a waiver of any preceding breach or violation
by the other party of any covenant, term, condition or provision of
this Contract or of any applicable law or ordinance.
8.2 No payment, partial payment, acceptance, or partial
acceptance by CITY will operate as a waiver on the part of CITY of
any of its rights under this Contract.
6971219 syn 0071316
SECTION 9.INSURANCE
9.1 CONSULTANT, at its sole .cost and expense, will
obtain and maintain, in full force and effect during the term of
this Contract, the insurance coverage described in Exhibit "C",
insuring not only CONSULTANT and its consultants, if any, but also,
with the exception of workers’ compensation, employer’s liability
and professional liability insurance, naming CITY as an additional
insured concerning CONSULTANT’s performance under this Contract.
9.2 All insurance coverage required hereunder will be
provided through carriers with Best’s Key Ratinq Guide ratings of
A:X or higher which are admitted to transact insurance business in
the State of California. Any and all consultants of CONSULTANT
retained to perform Services under this Contract will obtain and
maintain, in full force and effect during the term of this
Contract, identical insurance coverage, naming CITY as an
additional insured under such policies as requiredabove.
9.3 Certificates of such insurance, preferably on the
forms provided by CITY, will be filed with CITY concurrently with
the execution of this Contract. The certificates will be subject
to the approval of CITY’s risk manager and will contain an
endorsement stating that the insurance is primary coverage and will
not be canceled or altered by the insurer except after filing-with
the CITY’s city clerk thirty (30) days’ prior written notice of such
cancellation or alteration, and that the City of Palo Alto is named
as an additional insured except in policies of workers’
compensation, employer’s liability, and professional liability
insurance. Current certificates of such insurance will be kept on
file at all times during the term of this Contract with the city
clerk.
9.4" The procuring of such required policy or policies
of insurance will not be construed to limit CONSULTANT’s liability
hereunder nor to fulfill the indemnification provisions of this
Contract. Notwithstanding the policy or policies of insurance,
CONSULTANT will be obligated for the full and total amount of any
damage, injury, or loss caused by or directly arising as a result
of the Services performed under this Contract, including such
damage, injury, or loss arising after the Contract is terminated or
the term has expired.
SECTION I0.WORKERS’. COMPENSATION
I0.I CONSULTANT, by executing, this Contract, certifies
that it is aware of the provisions of the Labor Code of the State
of California which require every employer to be insured against
liability for workers’ compensation or to undertake self-insurance
in accordance with the provisions of that Code, and certifies that
it will comply with such provisions, as applicable, before
commencing the performance of. the Project.
971219 syn 0071316
7
PROJECT
SECTION ii TERMINATION OR SUSPENSION OF CONTRACT OR
ii.i The city manager may suspend the execution of the
Project, in whole or in part, or terminate this Contract, with or
without cause, by giving thirty (30) days’ prior written notice
thereof to CONSULTANT, or immediately after submission to CITY by
CONSULTANT of any completed item of Basic Services. upon receipt
of such notice, CONSULTANT will immediately discontinue its
performance under this Contract.
11.2 CONSULTANT may terminate this Contract or suspend
its execution of the Project by giving thirty (30) days’ prior
written notice, thereof to CITY, but only in the event of a
substantia! failure of performance by CITY or in the event CITY
indefinitely withholds or withdraws its request for the initiation
or continuation of Basic Services or the execution of the Project.
11.3 Upon such suspension or termination by CITY,
CONSULTANT will be compensated for the ~Basic Services and
Additional Services performed and Deliverables received and
approved prior to receipt of written notice from CITY of such
suspension or abandonment, together with authorized additional and
reimbursable expenses then due. If the Project is resumed after it
has been suspended for more than 180 days, any change in
CONSULTANT’s compensation will be subject to renegotiation and, if
necessary, approval of CITY’s City Council. If this Contract is
suspended or terminated on account of a default by CONSULTANT, CITY
will be obligated to compensate CONSULTANT only for that portion of
CONSULTANT’s services which are of direct and immediate benefit to
CITY, as such determination may be made by the city manager in the
reasonable exercise-of her discretion.
11.4 In the event of termination of this Contract or
suspension of work on the Project by CITY where CONSULTANT is not
in default, CONSULTANT will receive compensation as follows:
11.4.1 For approved items of services, CONSULTANT will
be compensated for each item of service fully performed in the
amounts authorized under this Contract.
11.4.2 For approved items of services on which a
notice to proceed is issued by CITY, but which are not fully
performed, CONSULTANT will be compensated for each item of service
in an amount which bears the same ratio to the total fee otherwise
payable for the performance of the service as the quantum of
service actually rendered bears to the services necessary for the
full performance of that item of service.
11.4.3 The total compensation payable~ under the
preceding paragraphs of this Section will not exceed the payment
specified under Section 5 for the respective items of service to be
furnished by CONSULTANT.
8
971219 syn 0071316
11.5 Upon such suspension or termination, CONSULTANT
will deliver to the city manager immediately anyand all copies of
the Deliverables, whether or not completed, prep~ed by CONSULTANT
or its consultants, if any, or given to CONSULTANT or its
consultants, if any, in connection with this Contract. Such~
materials will become the property of CITY.
11.6 The failure of CITY to agree with CONSULTANT’s
independent findings, conclusions, or recommendations, if the same
are called for under this Contract, on the basis of differences in
matters of judgment, will not be construed as-a failure on the part
of CONSULTANT to fulfill its obligations under this contract.
SECTION 12.ASSIGNMENT
12.1 This Contract is for the personal services of
CONSULTANT, therefore, CONSULTANT will not assign, transfer,
convey,, or otherwise dispose of this Contract or any right, title
or interest in or to the same or any part thereof without the prior
written consent of CITY. A consent to one assignment will not be
deemed to be a consent to any subsequent assignment. Any
assignment made without the approval of CITY will be void and, at
the option of the city manager, this Contract may be terminated.
This Contract will not be assignable by operation of law.
SECTION 13 NOTICES
13.1 All notices hereunder will be given, in writing,
and mailed, postage prepaid, by certified mail, addressed as
follows:
To CITY:Office of the City Clerk
City of Palo Alto
Post Office Box 10250
Palo Alto, CA 94303
To CONSULTANT: Attention of the project director
at the address of CONSULTANT recited above
SECTION 14 .....CONFLICT OF INT, EREST
14.1 In accepting this Contract, CONSULTANT covenants
that it presently has no interest, and will not acquire any
interest, direct or indirect, financial or otherwise, which would
conflict in any manner or degree with the performance of the
Services.
14.2 CONSULTANT further covenants that, in the
performance of this Contract, it will not e~-~iploy contractors or
persons having such an interest mentioned above. CONSULTANT
certifies that no one who has or will have any financial interest
under this Contract is an officer or employee of CITY; this
provision will be interpreted in accordance with the applicable
9971219 ~yn 0071316
provisions of the ~Palo Alto Municipal Code and the Government Code
of the State of California.
SECTION 15.NONDISCRIMINATION
15.1 As set forth in the Palo Alto Municipal Code, no
discrimination will be made in the employment of persons under this
Contract because of the age, race, color, national origin,
ancestry, religion, disability, sexual preference or gender of such
person. If the value of this Contract is, or may ~be, five thousand
dollars ($5,000) or. more, CONSULTANT agrees tO meet all
requirements of the Palo Alto Municipal Code pertaining to
nondiscrimination in employment, including completing the requisite
form furnished by CITY and set forth in Exhibit "D".
15.2 CONSULTANT agrees that each contract for services
from independent providers will contain a provision substantially
as follows:
"[Name of Provider] will provide CONSULTANT
with a certificate stating that [Name of
Provider] is currently in compliance with all
Federal and State of California laws covering
nondiscrimination in employment; and that
[Name-of Provider] w±ll not discriminate in
the employment of any person under this
contract because of the age, race, color,
national origin, ancestry, religion,
disability, sexual preference or gender of
such person."
15.3 If CONSULTANT is found in violation of the
nondiscrimination provisions of the State of California Fair
Employment Practices Act or similar provisions of Federal law or
executive order in the performance of this Contract, it will be in
default of this Contract. Thereupon, CITY will have the power to
cancel or suspend this Contract, in whole or in part, or to deduct
the sum of twenty-five dollars ($25) for each person for each
calendar day during which such person was subjected to
discrimination, as damages for breach of contract, or both. Only
a finding of the State of California Fair Employment Practices
Commission or the equivalent federal agency or officer will
constitute evidence of a breach of this Contract.
15.4 If CONSULTANT is found in .default of the
nondiscrimination provisions of this Contract, CONSULTANT will be
found in material breach of this Contract. Thereupon, CITY will
have the power to cancel or suspend this Contract, in whole or in
part, or to deduct from the amount payable to CONSULTANT the sum of
two hundred fifty dollars ($250) for each calendar day during which
CONSULTANT is not in compliance with this provision as damages for
breach of contract, or both.
I0
971219~n0071316
SECTION 16. MISCELLANEOUS PROVISIONS
16.1 Upon the agreement of the parties, any controversy
or ~laim arising out of or relating to this Contract may be settled
by arbitration in accordance with the Rules of the American
Arbitration Association, and judgment upon the award rendered by
the Arbitrators~may be entered in any court having jurisdiction
thereof.~
16.2 This Contract will be governed by the laws of the
State of California, excluding its conflicts of law.
16.3 In the event that an action is brought, the parties
agree that trial of such action will be vested exclusively in the
state courts of California or in the United States District Court
for the Northern District of California in the County of Santa
Clara, State of California.
16.4 The prevailing party° in any action brought to
enforce the terms of this Contract or arising out of this Contract
may recover its reasonable costs and attorneys’ fees expended in
connection with that action.
16.5 This document represents the entire and integrated
Contract between the parties and supersedes all prior negotiations,
representations, and contracts, either written or oral. This
document may be amended only by a written instrument, which is
.signed by the parties.
16.6 All provisions of this Contract, whether covenants
or conditions, will be deemed to be both covenants and conditions.
16.7 The covenants, terms, conditions and provisions of
this Contract will apply to, and will bind, the heirs, successors,
executors, administrators, assignees, and consultants, as the case
may be, of the parties.
16.8 If a court of competent jurisdiction finds or rules
that any provision of this Contract or any amendment thereto is
void or unenforceable, the unaffected provisions of this Contract
and any amendments thereto will remain in full force and effect.
16.9 All exhibits referred to in this Contract and any
addenda, appendices, attachments, and "schedules which, from time
to time, may be referred to in any duly executed amendment hereto
are by such reference incorporated in this Contract and will be
deemed to be a part of this Contract.
16.10 This Contract may be executed in any number of
counterparts, each of which will be an original, but all of which
together will constitute one and the same instrument.
16.11 This Contract is subject to the fiscal provisions
of the Charter of the City of Palo Alto and the Palo Alto Municipal
Ii971219wn0071316
Code. This Contract will terminate without any penalty (a) at the
end of any fiscal year in the event that funds are not appropriated
for the following fiscal year, or (b) at any time within a fiscal
year in the event that f~nds are only appropriated for a portion of
the fiscal year and funds for this Contract are no longer
available. This Section 16.12 will take precedence in the event of
a conflict with any other covenant, term, condition, or provision
of this Contract.
SECTION 17. HOLD HARMLESS
17.1 The CITY shall indemnify and hold harmless(and shall
cause the Contractors and Architect or Engineers and their agents.
and employees to indemnify and hold harmless) the CONSULTANT and
its employees from and against all claims, losses, expenses and
damages (including, but not limited to, attorney’s fees) resulting
from the Project or the Work and caused by the sole and active
negligence of the CITY or Architect or Engineers or their agents
and employees. The CITY shall further indemnify the CONSULTANT and
its employees against any loss, expense or damage (including, but
not limited to, attorney’s fees) arising out of the disposal from
the project site of any asbestos or pre-existing hazardous
material.
17.2 The CONSULTANT shall indemnify, defend and hold
harmless the CITY (and its agents, employees and Architect or
Engineers) from all claims, losses, expenses and damages
(including, but not liiited to, attorney’s fees)~relating in any way
to bodily injury or property damage (other than to the Project or
Work itself) or any consequential damages associated .with any
bodily injury or property damage and arising out of or resulting
from the project or the Work and caused in whole or in part by any
act or omission of the CONSULTANT, its agents, employees and
subcontractors, in the performance of its Services. Provided,
however, CITY shall be liable for its sole and active negligence as
described abo~e.
17.3 CITY shall execute construction contracts with all
prime construction contractors which include~ at a minimum, the
following provisions, or provisions providing same effects:
17.3.1 The Contractor agrees to indemnify, defend and
save harmless the CITY, Architect and Engineers, Construction
Manager, their agents and employees to the maximum extent permitted
by law, from and against all loss or expense (including costs and
attorney’s fees) by reason of liability imposed by law upon the
CITY, Architect, Engineer, or Construction Manager for damages
because of bodily injury, including death at any time resulting
therefrom, sustained by and any person or persons or on account of
damage to property, including death at any time resulting
therefrom, sustained by any person or persons or on account of
damage to property, including loss of use thereof, arising out of
or in consequence of the performance of this work, provided such
injury to persons or damage to property is due or claimed to be due
12
971219wn0071316
in whole or ~in part to negligence of the contractor, his
Subcon~racturs, employees or agenus.
XNWITNESS WHEREOF, the parties hereto have’by ’their duly
authorized representatives executed this Contract on the date first
above written.
ATTEST:
~[ty Clerk
APPROVED AS’ TO FORM:
Senior A~sh.’"b’i~y’ At~o~
APPROVED:
Assistant city Manager
Director of Public Workm
TURNER CONSTRUCTION~OMPANY
Taxpayer’s I.D. No. 13-1401980
Director 6f
Administrative Services
Attachments:EXHIBIT
EXHIBIT
RXHIBIT
SCOPE O~ PROJECT ’& TIME SCHEDULE
RATE S CSEDULE
INSURANCE.
NONDISCRIMINATION COMPLIANCE FORM
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code ~ 1189)
Notary P~b. lic ~n ai4_~-~Sr %~d County and State, personally appeared
, ~~’[ ,~ _(~)t[9")~ffQ ~ , per~onally ~0~ t~me or pried to ~ 6n the basis of sa~isfac~o~ evldenc~ to be ~he
person/whose ~e~ is/~subscribed to the within instr~ent
and acknowledged to ~ t~t he/~/~ executed the s~e in
his/~/t~r authorized capacity(~, ~d that by his/~/t~r
signature~ on uhe inst~ent ~he person(s), or ~he ennity upon
be~if of which ~he person(s) acted, executed the instr~ent.
WITNESS my hand and Official seal.
Si~natureVof Notary Public
14
TOTf::IL. P. 83
EXHIBIT A
SCOPE OF WORK
PROJECT MANAGEMENT SERVICES
during the
DESIGN AND CONSTRUCTION OF DOWNTOWN PARKING STRUCTURES
GENERAL
Project Description
The University Avenue Parking Assessment District currently has 2,257 spaces of public off-
street parking available. The parking facilities consist of 15 surface lots and 4 parking
garages. A January 1997 study by Watry Design Group identified a parking shortfall of 1,491
spaces in Palo Alto’s downtown business area (bounded roughly by Lytton Avenue to the
north, Forest Avenue to the south, Alma Street to the West and Webster Street to the east). To
remedy the parking shortage, the City will propose that an assessment district be formed in the
downtown area in order to finance the construction of two parking structures in the downtown
area. The City currently provides free limited-duration parking (both on and off-street) in the
downtown area for customers and visitors. Figure 1 shows a vicinity map of the Downtown
area which identifies existing city parking lots. Copies of the "Downtown Parking Structure
Feasibility Study" are available for purchase at the Transportation Division, 6th Floor, 250
Hamilton Avenue. The report contains information on the parking demand analysis, site
analysis and economic analysis.
One of the parking structures will be located at the site of existing Lot R (also know as the
. High/Alma Street South Lot). The lot is 100-feet wide and 225-feet long and is bordered on
the north by two buildings, one of which is a three-story office/retail/restaurant building, and
the other is a two-story building with retail on the ground floor and professional offices on the
second. The south side is bordered by a single, unreinforced masonry building running the
entire length of the lot and houses a variety of retail shops. The proposed structure shows one
at-grade and three above-grade parking levels with a total of 210 spaces. Estimated 1996
construction cost for the structure is $3.3 million (design, financing and other costs are not
included in the estimate).
The other structure will be built on Lot’S/L (also known as the Bryant/Florence Lot). This
structure will have two below-grade, one at-grade and four above-grade parking levels. A
total of 699 stalls as well as possible retail uses and public restrooms are proposed. Estimated
construction cost is $10.3 million (in 1996 dollars - design, financing and other costs are not
included in the estimate).
January6, 1998
Project Goals
Existing City staffing levels are not sufficient to manage a project of this size. As a result, the
selected Consultant (hereinafter "Consultant") will perform duties typically done by City staff.
The Consultant will report to the Department of Public Works’ Project Manager (hereinafter
"Project Manager"), or designated representative. The Project Manager will provide general
project oversight, particularly related to budgetary issues, however day-to-day operations will
be largely under the purview of the Consultant. It is anticipated that the City will retain the
Watry Design Group (hereinafter "Design Consultant") to produce design documents.
This Scope of Work focuses onConsultant supervision of Phase II (Preliminary Design) and
Phase III (Final Design) for both Structures R and S/L. A provision is included, however, for
an optional Phase III (Construction Management Services). Implementation of Phases III and
IV is dependent upon successful formation of an assessment district and/or construction costs
(see below). The Consultant is asked to submit a fee per task for Phases II and III, however,
the final scope and fee for Phases II and III will be negotiated after consultant selection. For
the City’s budgeting purpose, the Consultant is asked to provide a general fee for Phase IV
activities,, although a detailed scope and fee for this phase will be developed sometim.e prior to
construction. The scope of services described herein is only a guide - the proposer is
encouraged to suggest modifications to the scope if it is felt that doing so will result in a better
work product.
The City reserves the right to negotiate an adjusted Consultant fee at any time during the
Project based upon changes to this Scope of Work. Such changes may include, but are not
limited to, the addition or deletion of Tasks, the reduction in the number or size of the parking
structures and personnel fee increases due to extensions in project duration.
Project Phases
The following phases
Phase I:
Phase II:
Phase III:
Phase IV:
are referenced in this Scope of Work. They are as follows:
Downtown Parking Structure Feasibility Study. Completed by Watry
Design Group on January 16, 1997.
Preliminary Design. Includes environmental assessment and design
services to approximately 60 percent completion.
Final Design
Construction Administration Services
January 6, 1998
This Scope of Work focuses on Phase II (Preliminary Design) and Phase III (Final Design) for
both Structures R and S/L. Scope and fees for Phase IV (Construction Administration
Services)will be negotiated prior to construction, Implementation of Phases III and IV is
dependent upon successful formation of an assessment district and/or construction costs (see
below).
Assessment District Formation
It is the City’s intent to finance the funding of the parking structures through the formation of
a downtown assessment district. Design plans will be developed through Phase II so that
construction costs can be determined. The Consultant will play a critical role in performing an
independent review of the cost estimate. Once a construction estimate has been established,
the City will attempt to form an assessment district. Should downtown property owners vote
against the assegsment, the design process (and Consultant services) will likely terminate.
If an assessment district is formed in Phase II, Phase III services will commence. If the low
construction bid is higher than the engineer’s estimate used to form the assessment district, the
project may need to be re-scoped or the financing adjusted to accommodate the higher cost. If
neither of these options are feasible, and the construction cannot be financed, negotia.tions for
the construction management services in Phase IV will not be initiated.
Project Schedule
A precise timetable for this project has not been determined, however it is the City’s desire to
meet the following general schedule:
Council Approves Mgmt Services Agreement
Council Approves Design Consultant Agreement
Complete Conceptual Plans
Complete Preliminary (60%) Plans & Enviro Assmt
Complete Conceptual Plan & Zoning Reviews by
Architectural Review Board,
Planning Commission and City Council
Form Assessment District - Complete Phase II
Complete Phase III Final Plans
Bbgin Construction of First Structure
Begin Construction of Second Structure
Fall 1997
Fall 1997
Winter 1998
Fall 1998
Summer 1999
Fall 1999
Spring 2000
Fall 2000
Fall 2001
January 6, 1998
3
As an initial task of this Scope, the selected consultant shall work with the Design Consultant,
City staff and others to develop a more detailed schedule and/or methods to expedite
construction.
Services and Information Provided by the City
The following information will be provided or made available by the City to the selected
Consultant:
[]
[]
Studies prepared as part of feasibility analysis
Parcel information
Survey data not included as part of the Design contract
Available as-builts of adjacent streets and facilities
Expenses
Unless negotiated as part of the Agreement between the City and Consultant the following
expenses shall be paid by:
City:
¯ When approved by Project Manager, copying of plans, specifications, drawings or
reports that are not part of plan check submittals. Production of plan-check sets will
not be at Consultant expense.
¯Copying of final Construction Bid Documents
[]Advertising related to obtaining the services of a design consultant or construction bids
[]Costs incurred through notification of community meetings
Consultant:
" Unless otherwise specified or approved by the Project Manager, the Consultant shall
provide their own working spaces, clerical staff, reprbgraphic equipment or other
services. See "Reimbursables" tasks for each Phase.
January 6, 1998.
4
PHASE II.r Preliminary Design: Oversee Design of Structures R and S/L
Provide management services to assist the City in project scoping, scheduling, budgeting and
preliminary (i.e., up to 60% plans, specifications and estimates) design.
Task 1:Project Start-Up
A.Consultant shall review available documents related to the project. Errors or conflicts in
any of these documents shall be brought to the attention of the Project Manager and
resolved by Consultant.
B.Consultant shall become familiar with City requirements and procedures concerning design
and specifications, standards; permitting; City building codes; bid procurement; fire safety;
noise and traffic ordinances, and other design or construction-related requirements.
Consultant shall contact and work with City departments as needed to obtain this
information.
Task 2:, Establish Document Controls
A.The Consultant will be expected to perform the following tasks throughout all applicable
Tasks in this Scope of Work:
Create and maintain a filing system approved by the Project Manager
Maintain schedules/progress charts in Critical Path Format
Prepare and maintain computer logs for items such as changes, requests for
information, architectural instructions, proposal requests, change orders, progress
payments, submittals, contract drawings and any other such items as directed by the
Project Manager. These items shall be maintained on software compatible with City
software.
Task 3:Oversee Preliminary Design of Structures R and S/L
A.The Consultant shall provide the Design Consultant with information needed to develop
plans and specifications for Structures R and S/L, such as existing utility’ locations, right-
of-way information, specifications formats and design requirements. Information .
contained within the Department of Public Works shall be obtained by the Consultant. If
the information is maintained by departments other than Public Works, the Project
January 6, 1998
5
Manager shall identify a point of contact and the Consultant shall contact that department
to obtain the desired information.
Do
Consultant shall work with the Design Consultant and the Project Manager to develop a
project schedule.
At the request of the Project Manager, Consultant shall provide the Design Consultant
information or clarification needed for the design. Such information might involve
preferred structural options, architectural treatments, traffic requirements, construction
scheduling, etc.
Consultant shall review and ’comment on plans, specifications and cost-estimates submitte~J
(i,e., plan checks) by the Design Consultant. These reviews are anticipated at the 10%,
35 % and 60% stages.
E. In addition to plan-checks Consultant may be asked to evaluate:
Fo
¯soils reports
¯survey control and right-of-way verification
¯environmental reports
¯entries and exits for pedestrians and vehicles
¯parking layout and traffic circulation
¯parking control equipment
.¯ Americans with Disabilities Act compliance
¯. adequacy of lighting
¯maintenance issues and requirements
¯fire safety
[] construction materials
[] seismic requirements
*’ ’underground utilities
¯electrical and mechanical systems
¯architectural treatments and exterior finishes
¯landscaping and art pieces
¯evaluate space usage and location (e,g., retail uses v,s. pocket park, etc)
¯relocation and/or demolition of existing facilities at the site
Consultant shall distribute plans, reports or other documentation for review. If there are
conflicting comments between reviewers, Consultant shall discuss with Project Manager
and work with Project Manager, reviewers and Design Consultant to resolve conflicts.
Consultant shall compile resulting comments and distribute as needed.
January 6, 1998
Go Consultant shall prepare an independent construction cost estimate based on preliminary
design plans including all components necessary to deliver a completed project,
Consultant shall perform constructability reviews and advise Project Manager on
alternative construction and building methods and/or materials.
Consultant shall perform value.engineering coordination with the City and Design
Consultant concurrent with the design of the project. Included in this evaluation might be
issues such as which structure should be built first or if concurrent construction would be
more beneficial.
Task 4:Prepare Request for Zoning Change
A.Consultant shall, under the direction of the Project Manager, prepare applications or
reports necessary for zoning changes at the locations of both proposed parking structures.
This work includes coordinating with other City departments and preparing for and
attending necessary Planning Commission approval meetings (see "Meetings" below).
Task 5:Assist in Formation of Assessment District
A. This has been deleted..
Bo Consultant shall provide information requested by the Assessment Consultant that is
necessary for the formation of an assessment district in the downtown area. This may
include.preparing and distributing a "notice of intent to form an assessment district" to
downtown property owners, responding to questions resulting from the notification and
assisting in setting up a voting area.
Co If an assessment district is not approved, or construction costs are significantly higher than
anticipated, Phase III work may not be initiated. At the direction of the Project Manager,
Consultant shall resolve outstanding work items and consolidate all project files and
documentation.
Task 6:Review Invoicing and Correspondence
A. This has been deleted.
B.At the Project Manager’s direction, Consultant shall review payment invoices submitted by
the Design Consultant or other consultants hired by Public Works as part of the parking
January6, 1998
structure project. Within five (5) days of its receipt from the Project Manager, Consultant
shall verify the invoice’s accuracy. Consultant shall resolve any discrepancies in the
~ ’invoice(s) and prepare a City Purchase Request for the Project Mana..,er s signature.
Consultant shall issue a monthly report to the Project Manager summarizing the project
schedule and budget (to include the Consultant’s own costs).
Consultant shall review and comment on any project-related correspondence forwarded by
the Project Manager. The Consultant may be asked to prepare a response to design,
construction or finance-related issues and correspondence from merchants, citizens or
outside agencies. Correspondence requiring a City response shall be signed only by the
Project Manager on City of Palo Alto letterhead. Routine or minor correspondence that is
related to product information or minor design issues may be prepared and answered by
the Consultant on the Consultant’s letterhead, withthe response directed to the Project
Manager and a copy provided to the Design Consultant.
Task 7:Meetings
Ao Throughout the Phase II design process, and under the direction of the Project Ma.nager,
Consultant shall be prepared to address comments and concerns of City staff, the Design
Consultant, downtown merchants, citizens and Council. In addition, at the request of the
Project Manager, Consultant shall prepare presentation materials for and attend meetings
(of the estimated number and duration) with any or all of the following:
[]
[]
[]
Five (5) 2-hour meetings to discuss community and/or downtown merchants’
comments/concerns on design issues
Four (4) 3-hour meetings to develop preliminary design details:
Architectural Review Board (2) and City Council (2).
Two (2) 1-hour meetings with the Public Art Commission
Two (2) 3-hour meetings with the Planning Commission for zoning changes
Meet twice a month, at a minimum, with the Project Manager to discuss
project status
Meet monthly, at a minimum, with the Design Consultant to review design
status
Attend progress meetings with various City departments on an as-needed basis
B.This has been deleted.
January 6, 1998
8
Task 8:Additional Services
A.The~e services may be related to the investigation and evaluation of existing conditions or
facilities; verification of existing drawings or other information provided by the City; ’
review of additional traffic, survey or other studies; construction implementation issues
(equipment/trailer storage areas, etc.): and additional meeting attendance. Performance of
such additional services will require approval from the Project Manager.
Task 9:Reimbursables
A.This task includes miscellaneous incurred costs such as travel expenses, copying
documents for office use, telephone charges, film, video, photographs and postage
expenses.
Task 10:Personnel Charge Rates - Inflation Adjustments
A.Fee proposal is based on 1997 hourly personnel costs. Adjustment for fee increases shall
not exceed 5 percent per year through the end of Phase II.
Phase III - Final Design: O_versee Final Design of Structures R and S/L
Assist the City in producing construction bid documents and cost estimates.
Task 11:Oversee the Final Design of Structures R and S/L
The Consultant shall provide the Design Consultant with information needed to develop
final construction documents for Structures R and S/L, such as existing utility locations,
right-of-way information, specifications formats and design requirements. Information
contained within the Department of Public Works shall be obtained by the Consultant: If
the information is maintained by departments other than Public Works, the Project
Manager shall identify a point of contact and the Consultant shall contact that department
to obtain the desired information.
B.Consultant shall work with the Design Consultant and the Project Manager to develop a
project schedule.
January 6, 1998
9
Co
Eo
Fo
no
At the request of the Project Manager, Consultant shall provide the Design Consultant
information or clarification needed for the design. Such information might involve
preferred, structural options, architectural treatments, traffic requirements, construction
scheduling, etc.
Consultant shall review and comment on plans; specifications and cost-estimates submitted
(i.e., plan checks) by the Design Consultant. These reviews are anticipated at the 90% at~d
100% stages.
In addition to plan checks Consultant may be asked to evaluate:
¯soils reports
¯survey control and right-of-way verification
¯entries and exits for pedestrians and vehicles
¯parking layout and traffic circulation
¯parking control equipment
¯Americans ,with Disabilities Act compliance
¯adequacy of lighting
"maintenance issues and requirements
¯fire safety
¯construction materials
"seismic requirements
¯underground utilities
[]electrical and mechanical systems
[]landscaping and art pieces
[]relocation and/or demolition of existing facilities at the site
Consultant shall distribute plans, reports or other documentation for review. If there are
conflicting comments between reviewers, Consultant shall discuss with Project Manager
and work with Project Manager, reviewers and Design Consultant to resolve conflicts.
Consultant shall compile resulting comments and distribute as needed..
Consultant shall prepare an independent construction cost estimate based on design plans
including all components necessary to deliver a completed project.
Consultant shall perform constructability reviews and advise Project Manager on
alternative construction and building methods and/or materials.
Task 12:Review Invoicing and Correspondence
A. This has been deleted.
January 6, 1998
10
No At the Project Manager’s direction, Consultant shall review payment invoices submitted by
the Design Consultant or other consultants hired by Public Works as part of the parking
structure project. Within five (5) days of its receipt from the Project Manager, Consultant
shall verify the invoice’s accuracy. Consultant shall resolve any discrepancies in the
invoice(s) and prepare a City Purchase Request for the Project Manager’s signature.
Consultant shall issue a monthly report to theProject Manager summarizing the project
schedule and budget (to include the Consultant’s own costs).
Consultant shall review and comment on any project-related correspondence forwarded by
the Project Manager. The Consultant may be asked to prepare a response to design,
construction or finance-related issues and correspondence from merchants, citizens or
outside agencies. Correspondence requiring a City response shall be signed only by the
Project Manager on City of Palo Alto letterhead. Routine or minor correspondence that is
related to product information or minor design issues may be prepared and answered by
the Consultant on the Consultant’s letterhead, with the response directed to the Project
Manager and a copy provided to the Design Consultant.
Task 13:Meetings
A.Throughout the Phase III design process, Consultant shall be prepared to address
comments and concerns of City staff, the Design Consultant, downtown merchants,
citizens and Council. In addition, at the request of the Project Manager., Consultant shall
prepare presentation materials for and attend meetings (of the estimated number and
duration) with any-or all of the following:
[]
Two (2) 3-hour meetings to discuss community and downtown merchants’
comments/concerns on design issues. The Consultant shall notify the
community in advance of these meetings by a notice placed in local paper(s).
Four (4) 3-hour meetings to develop preliminary design details:
Architectural Review Board (1); Planning Commission (1); and City Council
(2).
Meet weekly, at a minimum, with the Project Manager to discuss project status
Meet bi-weekly, at a minimum, with the Design Consultant to review design
status
Attend progress meetings with various City departments on an as-needed basis
January 6, 1998
11
Consultant shall, if directed by the Project Manager, organize meetings between the
Design Consultant, other City departments, merchants or citizens. Consultant shall contact
attendees, arrange meeting times and dates, prepare agendas, distribute agendas (before the
meeting) and prepare and distribute meeting minutes. City conference rooms may be
available for this purpose.
Task 14:Construction Bid Documents
Ao Consultant shall determine the number of bid sets (plans and specifications) that may be
needed and have that amount produced by a vendor selected by the Project Manager. Bid
sets shall be made available for purchase by interested bidders at City Hall.
Co
Consultant shall prepare a list of potential bidders and notify them in writing of the
availability of bid sets. Consultant shall also provide advertisement i.n Builder’s
Exchanges, area newspapers, trade publications and the City’s (Internet) Home Page.
’Consultant shall attend a pre-bid meeting and assist Project Manager in informing potential
contractors of the project.
D.Consultant shall be the point of contact for contractor questions related to the bid
documents. Consultant shall, via the Project Manager, prepare and issue any needed
Addendums to the bid set.
Eo Consultant shall evaluate bids received for their completeness and complia’nce with bid
requirements as set forth in the specifications and make a recommendation for award or
rejection of bids.
Task 15:Extra Services
mo If all bids are rejected as a result of funding constraints, Consultant shall work with the
Design Consultant to identify areas for potential scope reduction. If it is determined that
the project should be re-scoped and re-bid, Consultant shall work with Design Consultant
to expedite this process.
B.If it is determined that adjustments should be made to the assessment district, Consultant
shall assist in this effort as-needed.
C.Consultant shall prepare a background information report that outlines the project history,
assesses financing requirements and summarizes the bids received and a recommended
January 6, 1998
12
action(s). This information shall be incorporated by the Project Manager in an information
report to Council.
D.Consultant may be asked by the Project Manager to perform addition:~i services related to
the investigation and evaluation of existing conditions or facilities; verification of existing
drawings or other information provided by the City.
Task 16:Reimbursables
A.This task includes miscellaneous incurred costs such as travel costs, copying documents for
office use, telephone charges, film, video, photographs and postage expenses.
PHASE IV - Construction Management Services - Structures R a.nd S/l,
(Optional)
Provide services to deliver a complete project consistent with the contract documents, within
budget and on schedule.
The Tasks listed below are intended to give a general idea of potential Phase IV activities. The
corresponding fee proposed by the consultant for this Phase is for budgetary purposes only. A
detailed Scope of Woi’k and corresponding fee Will be negotiated upon successful completion
of Phase III activities.
~Task 17:Construction Management
A.Consultant shall implement the contract documents, coordinate with the contractor and
provide day to day management to include the following activities:
[]
[]
[]
[]
[]
[]
[]
Document construction progress with photographs and/or videos in order to
establish a basis for prog.ress payments, claims, etc.-
Coordinate with utility companies
Review and process Requests for Information, Shop Drawings and other
contractor submittals
Prepare Extra Work Authorizations for Project Manager Signature
Prepare Change Orders for Project Manager signature
Track submittal status
Respond to questions from suppliers, subcontractors, merchants or others
Prepare daily inspection report and other pertinent construction documentation
January 6, 1998
13
[]
Review and recommend for payment on all progress payments.
Issue a monthly report to the Project Manager summarizing the project schedule
and budget (to include the Consultant’s costs).
Assist Design Consultant in preparation of Punch List Inspection for completed
work and ensure that the identified work items are completed
Meet as needed with downtown merchants or citizens to discuss the construction
schedule, traffic control plans and othe~r issues related to construction
Conduct weekly construction meeting. Take meeting minutes and provide
copies to attendees. Research and resolve issues that arise at the meetings.
On an as-needed basis, visit the site to solve problems that arise during
construction.
Task 18:Provide Inspection Services
At the request of the Project Manager, Consultant shall provide the services of
International Conference of Building Officials (I.C.B.O.) certified inspector (hereinafter
Resident Project Representative, or RPR) or licensed professional engineer to represent the
City on-site. The RPR shall be approved by the City as having appropriate work-
experience for the position. The RPR shall be retained prior to construction and shall
attend the pre-construction meeting. The RPR shall work full-time at the construction site
once the Project Manager determines that full-time representation is needed.
Bo Consultant shall secure the services a testing agency for materials testing as well as for the
Uniform Building Code’s Special Inspections such as weld and fastener inspection,
post/pre-tensioned concrete inspection, electrical, mechanical, etc. The inspector(s) shall
be subconsultants to the Consultant.
C.Consultant shall coordinate progress field tests and sign-offs required by various agencies.
Consultant shall review testing agency reports for compliance with specifications.
Task 19:Provide Office Spaces (optional)
A.At the option of the City, Consultant shall maintain an office, or trailer located within the
City of Palo Alto or at a location acceptable to the Project Manager. The office shall be
equipped with telephones, a facsimile and copying machine. The office and equipment
shall be maintained at Consultant expense from a date no earlier than the construction
Notice to Proceed is issued until the date the Project Manager issues the Notice of.
Substantial Completion.
January 6, 1998
14
~Task 20:Post-Construction Services
A.Consultant shal!, under the direction of the Project Manager, resolve all contract claim
issues (Stop Notices, bonding, etc).
B.Consultant shall ensure that warranty information is provided by the contractor. Warranty
and other related close-out information shall be compiled by Consultant and grouped by
specifications sections.
C.Consultant shall coordinate the preparation of record drawings with the contractor and
review these drawings for as-built accuracy.
D. Consultant shall consolidate all project files and documentation.
Task 21:Provide Warranty-Period Services
A.Consultant shall respond to and coordinate items related to defective work-items that are
included in the project’s warranty period. This may include coordinating the services of
the Design Consultant, contractor or City maintenance staff.
Task 22:Additional Services
A.Consultant may be asked by the Project Manager to perform additional services related to
the investigation and evaluation of existing conditions or facilities; verification of existing
drawings or other information provided by the City; construction-related issues such as
staging and traffic control; liaison and meetings with downtown merchants and residents
related to construction.
Task 23:Reimbursables
A.This task includes miscellaneous incurred costs such as travel costs, copying documents for
office use, telephone charges, film, video, photographs and postage expenses.
KB\turner.scp
END
January 6, 1998
15
Exhibit BCITY OF PALO ALTO
DOWNTOWN PARKING STRC iRES
PERSONNEL RATES
PERSONNEL RATES
Mike Miller
Project Manager, Preconstruction
Craig Braccia
Preconstruction Manager.
Greg Smith
Project Manager, Construction
$133/hr
$133/hr
$92/hr
Estimator $110
Administrative $55
All hourly rates are based on 1997 rates. All rates shall be escalated at 5%
per year beginning with 1998. This includes the rates as indicated on the fee
proposal breakdown
Rates are inclusive of base rate, fringes, taxes and insurance and oyerhead
and profit.
KNOWLEDGE OF PALO ALTO CITY PROCESSES ~EXPERIENCE W~TH PARKING STRUCTURES~,MOTIVATION TO SUCCEED
Exhibit
TYPE OF POLICY
WOnKERS
COMPENSATION
GENEnAL
LIABILITY
OCCURRENCE
AUTOMOBILE
LIABILITY
OWNED
1/1/Ia8
I/1RO
I POLICY NUMgER {LIMIT OF LIABILITY
(::OVERAGE AFFORD~ UNDER WC&AW OF T).E IrOLLOW}NG
W01;~1-~21~17 AI~ ~A~S EXC~T STATE
’iIRT1-621.O04172~37 COMBINED SINGLE LIMIT
.OVER UND -ERLY]NG uMrrs
S.I. ~ P.D, ~
i !a.l.o PJ.to, CA 94301.
~E~A~O~ 0~ ~ ~RN~¢~ ORR~U~ ~EIR~U~ ~no~Liberty ~utual Croup
AUTHORIZED R EP~E.SENTATIVE
NEWYORK . (212) 39t-7500 12/~0/97
OFFIC~PHONE NUMOEn D^TE L~;SUE)
~he City o[ Palo Al=o
c~nnc~250 Hamilton AvenueH0tOEnPalo Alto, CA 94301
TOTAL p. 02
Exhibit D
PART III - CERTIFICATION of NONDISCRIMINATION SECTION 410
C.er’~catign of Nondiscrimination; As suppliers of goods or services to the City of Palo Alto, the
firm and individuals listed below certify that they do not discriminate in employment with regards to
age, race, color, religion, sex, natiorml origin, ancestry, disability, or sexual preference; that they are
in compliance v, dth all Federa!, Stare and local directives and executive orders regarding
nondiscrimination in employment; and that they agree to demonstrale positively and aggressively
the principle of equal oppodunity in employment.
RFP #99969
PART III - ACKNOWLEDGMENT OF ADDENDA SEC’nON 310
During the Proposal process there may be changes to the Proposal documents
which would require an issuance of an Addendum or Addenda. To assure that all
Bidders receive the update or change Addendum, the following acknowledgment
and sign-off is required.
NOTE: Failure to execute the following may be considered as an irregularity
in the Bid. Receipt of the following Addendum is acknowledged. The Proposer
acknowledges that the information contained in the addendum has been considered
in the preparation of this Proposal.
Addendum No. (None x___), (1~)i (2__), (3__), (4.__), (5~)
(Check appropriate space/number above~--~
SignatulJe.-o/f I~POser .
Turner Construction Company
Company
END OF SECTION
CITY OF PALO ALTO: ACKNOWLEDGMENT OF ADDENDA RFP #99969
PART I)1 -SUPPLEMENTAL FORMS SECTION 420
CITY of PALO ALTO
EXPERIENCE AND FINANCIAL QUALIF/CATIONS
The followir~g infom-mtion ¢onoernirvg the expe~ienc~ai~d firSt’a] ~alfficatio~ of ~ Con~actor or
Consultant (Proposer) ~re’~ required p~a ~ 1~ Pro~l. This"information ~y ~ i~luded in t~
~o~r’s ~o~I for~t; this fo~ is ~ov~ for info~fion required only. The infection may
used in ~e Propo~l’s evaluation e~ is ce~ified cogoct by your signa~re h~rein. ’
PROJECT NAME: Pale Alto Do~to~ Parkin~"’Structures "’
Name of Com~ny: Turner Construction C6~~’ah’# . ....." ......"’.....".
Name0~ln~nce~rrier:Libertv Mutual Insurance Company " ...’"
RGI-621-004321-02 [Pho~ Num~r; 415-957-1175 Pol~ Num~r:
1,":~ How ~ny years ~ve you (or your fi~) do~ ~ u~or t~ ~me li~ ~?
2;.: How ~ny years ~xporienco ~ve you(or your firm) had which is ~imilar in nacre to ~ho w~rk
. ._¢owredinthePropo~l? ........75 years
3.....Please provido lin your propel) rel~vant~,~i~s to ¢ontrac~ ~ti~,ctorily
:..la~ three ~3) y~ars. The infor~tion~ i~l~e: Y~ar; Ty~ of ~e~ices; Com~n~/A~0cy
~’References &:;:::: ~.’:~ersonnelI Part .:III’For~s 2~[’’Part III"Fo£~s~.’.~3. . ....~ K4’..,.,¯ ....’. ,..::,:.....t?, ¯
Turner"Construction C0mpa~#. :[ ~.:. Sis%Jar ~;o3ect :.Ex~~rience
Pro~ser (Com~ Name) .......
Craig T. Jones~"~n~~~":::Of Busines~’"D~ii~Dme~t Sept. 30, 1997
(Name~tle) .................. (Date)
CITY OF PALO ALTO
DOWNTOWN PARKING STRUC,- ¯¯ ~S
Exhi bit B
PERSONNEL RATE
PERSONNEL RATES
Mike Miller
Project Manager, Preconstruction
Craig Braccia
Preconstruction Manager
Greg Smith
Project Manager, Construction
$13 3/h r
$133/hr
$92/hr
Estimator $110
Administrative $55
All hourly rates are based on 1997 rates. All rates shall be escalated at 5%
per year beginning with 1998. This includes the rates as indicated on the fee
proposal breakdown
Rates are inclusive of base rate, fringes, taxesand insurance and oyerhead .
and profit.
KNOWLEDGE OF PALO ALTO CITY PROCESSES$EXPERIENCE W~TH PARKING STRUCTURES~,MOTIVATION TO SUCCEED
TYPE OF POLICY
WORKERS
COMPENSAT:ON
GEHERAL
LIABILITY
~,~ OCCURRENCE
DATE
EXP. D A’T~
1/1/98
111/90
!
1 P, OLICY NUM£1 ~R
I
iWG1-6:Zl-OO4321~017
!AUTOMOBILE;
~LIABILITY
’,p~: OwN~o
~OTHER
AS2-621-004,321-037
(ALL STATES)
LIMIT OF LIABILITY
J$~,OOO.O00 Ac~do~
’$2,000,000
CX3F,’J~irlEO LIM i1’ "~’~H
$~,000.OO0
PEn~NAL tKJURY
$2.000,000
PROPERTY DAJ~AGE AGGREGATE
$2,000,000
$2,0OO,OO0 S.I, ~ P.D, ~
111/98
,J RT1-621..004172-837 : $6,000.000 COMBINEOovER UNDEFILYINGSINGLE LIMITuMITS
C~:y of PaSo Alto Pa~ng Garage
250 Hamilto~ Avenue
The Ci=y of Palo Alto
250 Hamiluon Avenue
Palo Alno, CA 94301 AUTHORIZED R EPRE..R~NTATIVE
NEWYORK ¯(212) 391-7500 12/10/97
OFRCF.PHONE NUMOEn DATE L~SU~n~
TOTAL P.02
Exhibit D
PART III -CERTIFICATION of NONDISCRIMINATION SECTION 410
Certification of Nondiscriminatiorl; As suppliers of goods or services to the City of Palo Alto, the
firm and individuals listed below certify thai they do not disc.riminate in employment with regards to
age, rac~, color, r~l~gion, sex, national odgin, ancestry, disability, or sexual preference; that they are
in compliance with all Federal, State and local directives and executive orders regarding
nondiscrimination in employment; and that they agree to demonstrate positively and aggressively
the principle of equal opportunity in employment.
cr’f’~ OF PALO ALTO: RFP #99969
PART I11 - ACKNOWLEDGMENT OF ADDENDA SECTION 310
During the Proposal process there may be changes to the Proposal documents~
which would require an issuance of an Addendum or Addenda. To assure that all
Bidders receive the update or change Addendum, the following acknowledgment
and sign-off is required.
NOTE: Failure to execute the following may be considered as an irregularity
in the Bid. Receipt of the following Addendum is acknowledged. The Proposer
acknowledges that the Information contained in the addendum has been considered
in the preparation of this Proposal.
Addendum No. (None x...~_), (1~), (2__), (3__), (4m), (5~) .
(Check appropriate spa~~
Sign at, u~.,o/f i~pos e r
Turner Construction Company
Company
END OF SECTION
~31TY OF P/~LO ALTO: AcKNowLEDGMENT OF ADDENDA ........... RFP#99969
RESOLUTION NO.
ATTACHMENT E
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALO ALTO DECLARING INTENTION TO REIMBURSE
EXPENDITURES FROM THE PROCEEDS OF OBLIGATIONS TO
BE ISSUED BY THE CITY AND DIRECTING CERTAIN
ACTIONS
The Council of the City of City of Palo Alto does RESOLVE as
follows:
SECTION .i, Project Proposed. The City proposes to undertake
the construction, acquisition and improvement of public parking
structures for off-street parking of vehicles (the "Project"), to
issue debt for the Project and to use a portion of the proceeds of
such debt to reimburse expenditures made for the ProjeCt prior to
the issuance of the debt and it is in the public interest and for
the public benefit that the City declare its official intent to
reimburse the expenditures referenced herein;
SECTION 2. Regulations. United States Income Tax
Regulations section 1.150-2 (the "Regulations") provides generally
that proceeds of tax-exempt debt are not deemed to be expended
when such proceeds are used for reimbursement of expenditures made
prior to the date of issuance of such debt unless ~ertain
procedures are followed, among which is a requirement that (with
certain" exceptions), prior to the payment of any such
expenditures, the issuer declare an intention to reimburse such
expenditures; and
SECTION 3. Intention Expressed. City intends to issue
obligations within the meaning of the Regulations (the
"Obligations")for the purpose of paying the costs of the Project
at some time after the adoption of this resolution, provided,
however, that by the expression of such intention, this City
Council shall not be committed or otherwise obligated to issue any
or all of such Obligatfons or actually begin or complete the
Project.
SECTION..4, Reimbursement. The City Council hereby declares
that the City reasonably expects to use a portion of the proceeds
of" the Obligations for reimbursement of expenditures for the
Project that are paid before the dateof issuance of theObligations.
SECTION 5. Amount. The maximum principal amount of theObligations is presently anticipated and estimated to be in theprincipal amount of not to exceed $25,000,000.
INTRODUCED AND PASSED:
AYES:
~]OES:
ABSENT:
ABSTENTIO[~S:
ATTEST:
, 1998.
APPROVED:
City Clerk
APPROVED AS TO FORM
JONES HALL,
A Professional Law Corporation
Bond Counsel
Mayor
City Manager
Director of Public Works.
Acting Director of
Administrative Services
Senior ASsistant City Attorney