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HomeMy WebLinkAbout1998-06-08 City Council (27)City of Palo City Manager’s Report TO:HONORABLE CITY COUNCIL FROM:CITY MANAGER DEPARTMENT:PUBLIC WORKS POLICE AND FIRE DATE:JUNE 8, 1998 CMR:261:98 SUBJECT:BUDGET AMENDMENT ORDINANCE IN THE AMOUNT OF $275,000 AND AWARD OF CONSULTANT CONTRACT TO ROSS/DRULIS ARCHITECTS AND PLANNERS FOR PHASE 1, PROJECT DEVELOPMENT, FOR THE PUBLIC SAFETY BUILDING, CIP 19820 RECOMMENDATION Staff recommends that Council: Approve a Budget Amendment Ordinance (BAO) in the amount of $275,000 to fund the project development, Phase 1, for the Public Safety Building Capital Improvement Program (CIP), Project 19820. Approve and authorize the Mayor to execute the attached contract with Ross/Drulis Architects and Planners in the amount of $240,700 for consultant services for the project development, Phase 1, of the Public Safety Building CIP, Project 19820. Authorize the City Manager or her designee to negotiate and execute one or more change orders to the contract with Ross/Drulis Architects & Planners for related, additional but unforeseen work that may develop during the project, the total value of which shall not exceed $24,000. DISCUSSION Consultant Services In 1997, Policeand Fire Department staff, with the aide of a consultant, prepared a preliminary feasibility study for expansion of the existing Civic Center Police Wing or the construction of a new public safety building. On July 28, 1997, (CMR:342:97) based on the results of the study, Council authorized staff to initiate the formal process needed for site CMR:261:98 Page 1 of 4 selection and construction of a new public safety building and further explore the alternative of expanding the current facility. The project will be divided into four phases; project development, preliminary design, final design, and construction. The subject consultant contract includes only Phase 1, project development, with the provision of including the other phases if approved by Council. Included in Phase 1 is the site survey and selection, architectural programming, conceptual design, public outreach, meetings, and environmental assessment. On October 21, 1997 and November 12, 1997, the Finance and the Policy and Services Committees, respectively, unanimously approved the scope of work for Phase 1. Council approved the scope of work December 10, 1997, and authorized staff to solicit proposals (CMR:431:97) for Phase 1. Attachment C provides the proposed project schedule. Selection Process Requests for Proposals (RFP) were issued December 11, 1997. Firms were given 61 days to respond to the request. A pre-proposal meeting was held January 6, 1998. Eleven architectural firms" attended the meeting. A total of seven firms submitted proposals. Estimated design costs ranged from $69,970 to $335,673. A City Manager’s appointed advisory committee and staff from the Police, Fire, Planning and Public Works Departments reviewed the proposals. The advisory committee was composed of individuals representing the California Avenue Area Business Development Association, Chamber of Commerce, University South Neighborhood Group, Barron Park Association, Architectural Review Board, and a realtor based in Palo Alto. All seven firms were invited to participate in oral interviews on March 3 and 9, 1998. The committee carefully reviewed each firm’s qualifications and submittal in response to the RFP relative to the following criteria: completeness of the proposal, relevant experience, understanding the project approach, qualifications of key personnel for the architect and sub-consultants, and availability of key personnel. The firm of RossiDrulis Architects and Planners was selected because, in addition to meeting all the criteria, it has an excellent understanding of and considerable experience with the public process. The consultant must comply with the financial disclosure provisions of the City’s conflict of interest code. Staff met with the selected consultant and reviewed the project scope of work, identifying several areas within the scope of work that would need additional attention. Since it is critical during the consensus-building process to obtain public input, the decision was made to develop a project statement and goal that can be communicated to the public. Therefore, Task 1 was expanded to include the preparation of a project statement document that can be used throughout the project. Extra community meetings were also added. Council directed staff to include the build-out of the Civic Center Police Wing as an alternative to be explored. The initial scope for Task 3, Site Survey and Selection, included CMR:261:98 Page 2 of 4 review of all possible sites, and presentation of the three most viable sites to Council for review and selection. However, because further discussion showed that the analysis associated with the build-out of the existing Police Wing was sufficiently different from the other site analyses, staff requested the consultant to add the Police Wing analysis as a separate task (Task 4). The specific project components and associated costs are: Task 1:Project Orientation and Definition $18,800 Task 2:Architectural Program $ 26,500 Task 3:Site Survey and Selection $ 40,000 Task 4:Existing Facility Assessment $ 24,500 Task 5:Environmental Assessment $11,700 Task 6:Conceptual Drawings $ 28,000 Task 7:Cost Estimate $10,900 Task 8:Project Development Report $16,100 Total Work Items $176,500 Public Outreach and Meetings $ 51,000 Costs incurred by Consultant (postage, reproduction, etc.)$ 13,200 Total Contract $240,700 In-house project related costs (meeting space rental, notices, reproduction charges)$ 10.300 Total Project Phase 1 $251,000 RESOURCE IMPACT A Budget Amendment Ordinance in the amount of $275,000 is requested for Phase 1 of this project. In addition to the contractual amount, staffhas included money ($10,300) for project related expenses including but not limited to rental of meeting space, public notices, and reproduction charges. The funds for the project development phase of the project will be fmanced from the General Fund Budget Stabilization Reserve. If the project proceeds into the preliminary and final design phases, the fee for consultant design services is estimated at 12 percent of the building construction cost, but could vary between 10 to 15percent due to the location and size of the building site, type of programs included in the building, and the complexity of the building systems. The preliminary feasibility study prepared by staff in 1997 estimated that the project construction cost, excluding land costs, relocation costs and parking fees, would range from approximately $11,000,000 to renovate and expand the existing Police building to approximately $16,000,000 to construct a new building. An updated construction cost estimate is be included in the subject consultant contract for Phase 1. CMR:261:98 Page 3 of 4 Workload impact: Phase 1 .of this project will be managed by the Police and Fire Departments with support from the Public Works Department. No additional staff is needed during this phase. However, subsequent phases will require additional staffing in the Public Works Department. Due to possible Council adoption of other large CIP projects, ft is too soon to estimate the staffing impact to the Public Works Department. POLICY IMPLICATIONS This request is consistent with existing City policies. ENVIRONMENTAL REVIEW An initial environmental study of the top three sites will be performed. An environmental assessment will be performed on the preferred site. ATTACHMENTS Attachment A - Budget Amendment Ordinance Attachment B - Contract Attachment C - Project Schedule PREPARED BY: DEPARTMENT HEAD REVIEW: CITY MANAGER APPROVAL: John Carlson, Acting Assistant Director of Public Works Lynne Johnson, Assistant Police Chief Judy Jewell, Deputy Chief, Operations GLEI~. ROBERTS Dire!or~i:f Public Works City Man~) CMR:261:98 Page 4 of 4 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 OF $275,000 TO CREATE A PUBLIC SAFETY BUILDING CAPITAL IMPROVEMENT PROJECT, NUMBER 19820 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, previously Council directed staff to initiate the process to solicit proposals regarding project development of the Public Safety Building; and WHEREAS, staff has selected a consultant for Phase 1 of project development, which will include site survey and selection, architectural programming, conceptual design, public outreach, meetings, and environmental assessment at a cost of $275,000; and WHEREAS, the budget needs to be amended to create and fund a capital improvement project number 19820, Public Safety Building; 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 i. Capital Improvement Project (CIP) Number 19820, Public Safety Building, is hereby created. A description of the CIP is shown on Exhibit "A" attached hereto and made a part of this ordinance. .SECTION 2. The sum of Two Hundred Seventy-Five Thousand Dollars ($275,000) is hereby appropriated to Capital Improvement Project No. 19820, Public Safety Building, and the Budget Stabilization Reserve is correspondingly reduced. SECTION 3. This transaction will reduce the Stabilization Reserve from $15,335,662 to $15,060,662. Budget SECTION 4. 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 5. The current action is exempt from CERA pursuant to Section 15262 of the CERA Guidelines (Feasibility and Planning Studies). An environmental assessment will be performed for the project when a preferred alternative is selected. SECTION 6. 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:APPROVED: City Clerk Mayor APPROVED AS TO FORM:Assistant City Manager Senior Asst. City Attorney Director of Services Administrative Director of Public Works Acting Police Chief Fire Chief EXHIBIT "A" PROJECT DESCRIPTION This project will build on an earlier needs assessment, and initiate the first phase necessary for site selection and construction of a new public safety building and to further explore the alternative of expanding the current facility. This phase will include an architectural program, site survey and selection, design concept studies, preliminary environmental analysis, and project cost estimates. Future phases would include design, environmental analysis, and construction. PROJECT JUSTIFICATION The current facilities for the Police and Fire Departments have a number of deficiencies. Based on standard space guidelines, the facility should be doubled in size. In addition, it does not conform with certain current standards and codes, it is operationally and technologically deficient, and it does not meet some programmatic needs. FUTURE FINANCIAL REQUIREMENTS FISCAL YEAR PY Budget 1997-98 1998-99 1999-00 2000-01 2001-02 AMOUNT $275,000 TBD TBD Sources of Funding: General Fund COMPONENTS Phase I of project development, includ!ng site survey and selection, architectural program, design concept studies, preliminary environmen- tal analysis, and project cost estimates. Phases II and Ill, Design activities. Phase IV, Construction. IMPACT AND SUPPORT ANALYSIS Environmental: Design Elements: Operating: Telecommunications: An initial environmental study checklist will be performed on the top potential sites. An environmental assessment will be performed on the preferred site during the next Phase, design activities. None for this Phase. None for this Phase. None for this Phase. COMPREHENSIVE PLAN The Comprehensive Plan contains no policies or programs directly related to this project. ATTACHMENT CONTRACT NO. BETWEEN THE CITY OF PALO ALTO AND ROSS/DRULIS ARCHITECT & PLANNERS FOR CONSULTING SERVICES 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 ROSS/DRULIS ARCHITECTS AND PLANNERS, a California corporation located at 190 West Napa Street, Sonoma, California 95476. RECITALS: WHEREAS, CITY desires certain professional consulting services. ("Services") and the preparation and delivery of, without limitation, one or more sets of documents, drawings, maps, plans, designs, data, calculations, surveys, specifications, schedules or other writings ("Deliverables") (Services and Deliverables ~re, collectively, the "Project"), as more fully described in Exhibit ’~"; 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 ~n the initial and subsequent Project tasks in accordance with the time schedule set forth in Exhibit "A". Time is of the essence of thisContract. 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, 980509~,syn 0071423 1 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 extension 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 chan~e 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. 2.3 Where the Project entails the drafting and submission of Deliverables, for example, construction plans, drawings, and specifications, any and all errors, omissions, or ambiguities in the Deliverables, which are discovered by CITY before invitations to bid on a construction project (for which the Deliverables are required) are distributed by CITY, will be corrected by CONSULTANT at no cost to CITY, provided CITY gives notice to CONSULTANT. 2.4 Any and all errors, omissions, or ambiguities in the Deliverables, which are discovered by CITY after the construction contract is awarded by CITY, will be performed by CONSULTANT, as follows: (a) at no cost to CITY insofar as those Services, including the Basic Services or the Additional Services, as described below, or both, will result in minor or nonbeneficial changes in the construction work required of the construction contractor; or (b) at CITY’s cost insofar as those Services, including the Basic Services or the Additional Services, or both, will add a direct and substantial benefit to the construction work required of the construction contractor. The project manager in the reasonable exercise of his or her discretion will determine whether the Basic Services or the Additional Services, or both, will contribute minor or substantial benefit tO the construction work. ~ SECTION ,,,3 CONSULTANT QUALIFICATIONS, STATUS,. AND DUTIES OF 3.1 CONSULTANT represents and warrants that it has the expertise and professional qualifications to furnish or ~cause to be furnished the Services and Deliverables. CONSULTANT further represents and warrants that the project director and every individual, including any consultant (including CONSULTANTs), charged with the performance of the Services are duly licensed or certified by the State of California, to the extent such licensing or certification is required by law to perform the Services, and that the Project will be executed by them or under their supervision. 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. 980509 syn 0071423 2 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 Michael Ross, Planning and Design Principal, as the project director to have supervisory responsibility for the performance, progress, and execution of the Project. Mallory Cusenbery, Senior Architect, 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 all 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 which may affect those engaged or employed under this Contract and any materials 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 performance of this Contract to observe and comply with, the laws, ordinances, regulations, orders and decrees mentioned above; and 3.4.4 Will report immediately 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 copies of any documents which are a part of the Deliverables upon their completion and acceptance by CITY as specified in Exhibit A. 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. 98050~9 sZ~,O071423 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 incompetent 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 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 Project 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 980509 syn 0071423 4 establish the time of each review and approval task.CITY’s failure to review and approve within the 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. Lynn Johnson 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 Judy Jewell. This contract will be administered by the Public Works Department. John A. Carlson is the designated person in Public Works who will administer the contract. Elizabeth Ames will assist in the administration of the contract. 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 Two Hundred Forty Thousand Seven Hundred Dollars ($240,700). The amount of compensation will be calculated in accordance with the hourly rate schedule set forth in Exhibit."B", on a time and materials basis, up to the maximum amount set forth in this Section. the fees of the consultants, who have direct contractual relationships with CONSULTANT, will be approved, in advance, by CITY. CITY reserves the right to refuse payment of such fees, if such pri~r approval is not obtained by CONSULTANT. 5.1.2 In consideration of the full performance of Additional Services, the amount of compensation set forth in Exhibit "B" will not exceed N/A dollars ($ ). An employee’s time will be computed at a multiple of __ (__) 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 changes, or both. Prior to commencing such extra work or changes, 986509 syn 0071423 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 architects, engineers, designers, job captains, surveyors, draftspersons, specification writers and typists, in consultation, research and design, work in producing drawings, specifications and other documents 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 foliows: 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. SECTION 6.ACCOUNTING, AUDITS, OWNERSHIP 0~. RECORDS 6.1 Records of the direct personnel expenses and expenses incurred in connection with the performance of Basic Services and Additional Services pertaining ~o 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 980509 syn 0071423 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. 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 Rating 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 7 Contract,identical insurance coverage, naming CITY as an additional insured under such policies as required above. 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. PROJECT SECTION ii TERMINATION OR SUSPENSION OF CONTRACT 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 substantial 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. 980509 ~yn 0071423 8 such suspension or termination11.3 upon 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. 11.5 Upon such suspension or termination, CONSULTANT will deliver to the city manager immediately any and all copies of the D~liverables, whether or not completed, prepared 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 9 980509.~[n 0071423 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 INTEREST 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 employ 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 provisions of the Palo Alto Municipal Code and the Government Code of th~ State of California. SECTION 15. NONDISCRIMINATION 15.1 As set forth in the Palo Alto Municipal Code, no discrimination will be made in the employmentof 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". 980509 syn 0071423 i0 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] will 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." 15.3If 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. ( 8.ECTION 16. MISCELLANEOUS PROVISIONS 16.1 CONSULTANT represents and warrants that it has knowledge of the requirements of the federal Americans with Disabilities Act of 1990, and the Government Code and the Health and Safety Code of the State of California, relating to access to public buildings and accommodations for disabled persons, and relating to facilities for disabled persons. CONSULTANT will comply with or ensure by its advice that compliance with such provisions will be effected pursuant to the terms of this Contract. 16.2 Upon the agreement of the parties, any controversy or claim, 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 9805~9, s~n 0071423 11 the Arbitrators may be entered in any court having jurisdiction thereof. 16.3 This Contract will be governed by the laws of the State of California, excluding its conflicts of law. 16.4 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. 16.5 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. 16.6 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. 16.7 All provisions of this Contract, whether covenants or conditions, will be deemed to be both covenants and conditions. 16.8 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. 16.9 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. 16.10 All exhibits referred to in this Contract and any addenda, appendices, attachments, and schedules which, from time to ti~e, 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. 16.11 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. 16.1~2 This Contract is subject to the fiscal provisions of the Charter of the City of Palo Alto andthe Palo Alto Municipal 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 funds 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 980509 syn 007147.3 12 a conflict with any other covenant, term, condition, or provision of this Contract. IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Contract on the date first above written. ATTEST:CITY OF PALO ALTO City Clerk APPROVED AS TO FORM: Mayor Senior Asst. City Attorney APPROVED: Assistant City Manager Director of Public Works ROSS/DRULIS ARCHITECT & PLANNERS Taxpayer’s I.D. No. 94-175-8710 Director of Administrative Services Acting Police Chief Fire Chief Purchasing/Insurance Review Attachments: EXHIBIT "A" : EXHIBIT "B" : EXHIBIT "C" : EXHIBIT "D" : SCOPE OF PROJECT & TIME SCHEDULERATE SCHEDULE INSURANCE NONDISCRIMINATION COMPLIANCE FORM 986509~,~syn 0071423 13 CERTIFICATE OF ACKNOWLEDGMENT (Civil Code § 1189) 19 7 before me, the undersigned, a Nota~ Pub~llc iD a~d for saio County and State, personally appeared ,personallykno~ to me or proved to me on the basis of satisfactory evidence to be the person(s) whose n~e(s) is/are subscribed to the within instr~ent and acknowledged to me that he/she/they executed the s~e in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and officia!~seal ;--v,v, ~.;Signatu~ of Notary p~blic _~-. 980509 syn 0071423 14 Certificate of Insurance CiTy" ~;,LO ~\LTC’ MAY - 6 ]998 Agency Name and Address: PROFESSIONAL PRACTICE INSURANCE BROKERS, INC. 10 CALIFORNIA STREET REDWOOD CITY CA 94063-1513 (650) 369-5900 Fax: (650) 366-1455 THIS CERTIFICATE!J~’ INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED THE POLICIES LISTED BELOW. Insureds Name and Address: MICHAEL ROSS/CHARLES DRULlS, INC. ARCHITEC P.O. BOX 278 SONOMA CA 95476 Companies Affording Policies: A: CONTRACTORS BONDING & INSURANCE CO. B: CONTRACTORS BONDING & INSURANCE CO. C: D: AMERICAN MOTORISTS INSURANCE CO. - KSA , E: AMERICAN GUARANTEE & LIABILITY INS. CO. F: ;OVERAGES: THIS iS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NO’IJNITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE. AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS. AND CONDITIONS OF SUCH POLICIES TYPE OF INSURANCE POLICY NUMBER EFF. DATE EXP. DATE POLICY LIMITS 1/17/98 1117/99 GENERAL LIABILITY Commercial General Liabilit _ Claims Made ~ Occurrence Owner’s and Contractors Protective AUTO LIABILITY Any Automobile All Owned Autos Scheduled Autos Hired Autos Non-owned Autos Garage Uability CB950006 1/17/98CB950008 1/17/99 EXCESS LIABILITY Umbrella Form Other than Umbrella Form WORKERS’ COM PENSATION 7CW30406504 9/1/97 9/1/98DAND EMPLOYER’S LIABILITY E PROFESSIONAL EOC666912608 10/30/97 10/30/98LIABILITY F ~ Description of Operations/Locations/Vehicles/Restrictions/Special Items: All operations of the Named Insured including Professional Services Agreements. General Aggregate: Products-Com/Ops Aggregate: Personal and Adv. Injury Each Occurrence: Fire Drag. (any one fire): $2,000,000 $1,000,000 $1,000,000 $1,000,000 $50,000 Combined Single Limit: Bodily Injury/person: Bodily Injury/accident: Property Damage: $1,000,000 Each Occurrence: Aggregate: Statutory Limits Each Accident:$1,000,000 Disease/Policy Limit:$1,000,000 Disease/Employee:$1,000,000 Per Claim $1,000,000 Aggregate $1,000,000 CC: Certificate Holder: CITY OF PALO ALTO DEPT. OF PUBLIC WORKS P.o. BOX 10250 PALO AL~(~ ~TT~:~M~R. JOHN CARLSON CA 94303-0862 THE AGGREGATE LIMIT IS THE TOTAL INSURANCE AVAILABLE FOR CLAIMS PRESENTED WITHIN THE POLICY FOR ALL OPERATIONS OF THE INSURED CANCELLATION: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE -:XPIRATION DATE THEREOF, THE ISS~LIING COMPA~IY, ITS AGENTS OR REPRESENTATIVES WILL ENDEAVOR/tO IV~ALI.~O,I:~YS WRII-rEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO TtIE LEFT BUT ~,ILURE TO MAIL SUCH NOTICESHALL IMPOSE Nb LIABILffY Q’R OBLIGATION ON,THE INSURANCE COMPANY, iTS .AGENTS OR,REPRESENTAT V~S ! /1 ~Authorized Representative: i~’Ii, l,i. ..."~--.--a-~ 514198 EXHIBIT A CITY OF PALO ALTO PUBLIC SAFETY BUILDING Phase I- Project Development Scope of Work Project Approach The Palo Alto Public Safety Building Phase 1 Planning and Program Development has eight tasks plus Public Outreach and Community Process Meetings. Task 1 Task 2 Task 3 Task 4 Task 5 Task 6 Task 7 Task 8 Project Orientation and Definition Architectural Program Development Site Survey, Analysis and Selection Detailed Analysis of Expanding Existing Police Facility Environmental Assessment Conceptual Design Cost Estimation Project Development Report and Formal Presentations A Description of each task is provided below. Task I Project Orientation and Definition This task includes contract negotiations with the City, preliminary coordination meetings with the Palo Alto Police and Fire Departments to further define the scope of work, and development of the project schedule and facilitation of the formal kick off meeting. This task will include site visits and observations of existing facilities and review of previously published planning documents. Specific duties will include: ¯Contract negotiation ¯Preliminary meetings ¯Identification of client groups and key departmental representatives ¯Development of a detailed project schedule °Facilitation of kickoff meeting °Identification of project goals ¯Scheduling of site visits and user group interviews ¯Site visits and observation of the Police and Fire Department existing facilities ¯Review of previously published planning documents This task also includes working with the steering committee to organize and define the community process for the project. This includes, but is not limited to: Participation in Steering Committee meetings to organize, define and schedule the community project introduction process Development of process diagrams, time lines and presentation protocols C:~FILES\PS-BLDG\SCOPE.EXA EXHIBIT A Scope of Work for Consultant Services Palo Alto Public Safety Building Page 2 of 9 Pages. ¯Provide assistance to the City in developing a project statement which becomes the basis of the Palo Alto Police Department’s and Fire Department’s message to the community and City government ¯Participate in meetings with community leaders, city council members, city manager, neighborhood groups, and business representatives to discuss, define and review possible locations for the new facility. ¯Organize, facilitate and participate in neighborhood Project Definition Workshops regarding the planning, location and design of the project. ¯Production of initial presentation materials Task 1 products shall be: Finalization of consultant contract Development of Project Schedule and Work Plan Kickoff Meeting Scheduling of client meetings and on site surveys Four meetings: (1)Project Scoping~ (1)Contract Finalization (1)Kickoff meeting (1)Departmental Site Visits Participation in: ¯Organization of Community Process ¯Prodfiction of Project Definition Document ¯Preparation of Presentation Materials -Preparation of Neighborhood Workshop Questionnaires and Issues Matrix ¯Meetings as required (See Public Outreach and Community Process Meetings) Task 2 Architectural Program Development During this phase, the project team will work with the Palo Alto Public Safety Building client groups to review their workload projections and to verify and update its staffing, space and functional requirements for the proposed public safety building. The project will begin with a Task 2 kick-off orientation meeting. This meeting will introduce the programming team to the Palo Ako Public Safety Building Committee. The project goals, schedules, and planning and design protocols will be established and interviews with departmental representatives scheduled. During the program ~0rocess, the team will conduct extensive.onsite interviews with the client group. The Police and Fire user groups will be given the opportunity to discuss and update their facility requirements, and describe the departmental mission, staffing, space and functional requirements. The planning team will implement an operational analysis during this phase. The operational analysis will study all aspects of the Police and Fire Administration operations, noting various aspects of departmental CAFIZESkPS-BLDG\S COPE.EXA EXHIBIT A Scope of Work for Consultant Services Palo Alto Public Safety Building Page 3 of 9 Pages. operations, including communications, community involvement, levels of security, biohazard evidence handling, public interaction and other critical functional design issues. The program verification process will result in a written and graphic architectural program document including, but not limited to: Architectural Program ¯Workload projections ¯Staffing requirements ¯Departmental area requirements ¯Space standards ¯Departmental descriptions¯Building gross size calculations¯Net to gross calculations ¯Future expansion capabilities/flexibility ¯Functional data sheets¯Building organization strategies¯Building system design criteria ¯Structural, mechanical, electrical, dispatch communications, low voltage and security electronics design criteria ¯Acoustic design criteria¯Audio/Visual system design criteria¯List of optimum departmental adjacencies ¯Shared space concepts ¯EOC programming ¯Site analysis ¯_ Security planning ¯Integration of technology and future expansion ¯Cost analysis ¯Additional program information ¯Multiple planning options Information developed in the architectural program will be tested in the conceptual design phase through the development of two each building concepts at three sites. The alternative concepts will be utilized to prepare a comparative site analysis, examine the sites for their suitability to house the Public Safety Building, security parking, emergency vehicle circulation, public parking, allow for perimeter security and future building expansion. Recommendations will be made by the architects regarding the alternatives. During this phase, a program cost analysis will be provided relative to the anticipated cost of the building. Estimated costs for the project will be included in the approved program document. Task 2 products include, but are not limited to: ° Review of existing documentation ° Orientation meeting C:\FILESkPS-BLDG\SCOPE.EXA EXHIBIT A Scope of Work for Consultant Services Palo Alto Public Safety Building Page 4 of 9 Pages. ¯Departmental interviews ¯Operational analysis¯Program verification ¯The development of an Architectural Program document including, but not limited to the following topics or sections in italics Executive Summary Project Directory Overview o Methodology User Profiles, Division Descriptions, Goals Code Requirements Special Design Criteria Building Systems ¯Structural Design Criteria °Electrical Design Criteria ¯Automation Emergency Power System °Lighting Distribution o Heating and Air Conditioning °Plumbing Criteria °Fire Protection Systems °Elevators ¯Finish hardware/Keying ¯Communications andAudio Visual Systems °Security Systems ¯Life Safety Systems ¯Communications Systems Acoustics ¯Emergency Operations Center Design Criteria °Site Options -Diagrams o Conceptual Design Options -Concepts Diagrams Cost Analysis Level of Quality descriptions Cost Summary Departmental Staffing & Space Requirements Functional Area Data Sheets Adjacency Diagrams Written and graphic report City review Approval by City Meetings as required C:kFILESkPS-BLD G\SCOPE.EXA EXHIBIT A Scope of Work for Consultant Services Palo Alto Public Safety Building Page 5 of 9 Pages. Task 3 Site Survey, Analysis and Selection Following the Neighborhood Project Definition Workshops, the team will meet with the Steering Committee to finalize the site selection criteria for the location of the new Public Safety Building. The City will identify up to 10 possible sites. RDA and the planning team shall evaluate the sites per the site selection criteria and community and urban design issues. Three sites other than the expansion of the current Police Department at the Civic Center (covered in Task 4) will be selected for detailed study. Preliminary Initial Environmental Study Checklist will be developed for all ten sites reviewed. Site issues (unranked) to be considered may include: ¯Site area ¯Buildable area ¯Expansion potential ¯Perimeter security ¯Geotechnical/seismic conditions ¯Proximity to other city agencies ¯Acquisition co~t ¯Site improvement cost ¯Points of access ¯Site location ¯Proximity to service areas ¯Proximity to arterial roads ¯Availability of public transportation ¯Neighborhood compatibility ¯General Plan and zoning consistency ¯Site infrastructure availability ¯Existing improvements ¯Environmental impact mitigation ¯Topography ¯Flooding °Development timetable ¯Traffic impacts °Economic or redevelopment benefits ¯Other Task 3 Products shall be: °Development of site selection criteria ¯Site survey and review up to 10 sites °Review of environmental assessment data prepared in Task 6 ¯Ranking of top three sites for detailed site analysis °Development of detailed site analysis for top three sites relative to site selection criteria °Completion of initial environmental study check hst for all sites °Real estate appraisal of top three sites ¯Detailed site analysis of top three sites CAFILESkPS-BLDG\SCOPE.EXA EXHIBIT A Scope of Work for Consultant Services Palo Alto Public Safety Building Page 6 of 9 Pages. Task 4 Detailed Structural and Architectural Analysis of Expanding the Existing Police Department Facility at the Civic Center to Accommodate the Program of the New Public Safety Building This task will analyze the existing police facility for its suitability for expansion and its capacity to function as an essential facility and remain operational following a major earthquake after its expansion. The task will include a structural and seismic evaluation of the existing structure and will develop a cost estimate feasible structural concepts for the proposed expansion. The structural evaluation will define the limits of retrofit for the existing construction sufficient to establish’ feasibility and cost-effective alternatives. This task will also produce conceptual floor plans and stacking diagrams indicating possible Public Safety Building organizational strategies at the expanded site and production of a cost analysis reviewing the option. Recommendations on departmental adjacencies, operational impacts, work flow, site and parking requirements will be made. Task 4 products shall include: Item 1 Prepare computer models of the existing structure (including subgrade levels) with and without the police department interconnected with the council chambers and tower. Apply 97 UBC prescribed lateral forces to the models to ascertain the comparative impact of the police department substructure on the shear walls in the tower and in the council chambers, and the council chambers roof framing which links the substructures together.. This will form a "baseline" for comparison of the expansion alternatives. Item 2 Prepare a computer model of the expanded police building (i.e., four stories) which can be added directly to the model of the tower, council chambers and subgrade parking. Create two combined models: one to allow for and one to preclude connection between the expanded police building to the adjacent substructures. Apply 97 UBC prescribed lateral forces for essential facilities (-- 1.5) to both models. This will help to quantify the impact of the expanded police building on the balance of the structure for the two scenarios. It will also define the extent of retrofit which will be required for the existing construction in order to allow for the police department to qualify as an "essential facility" per code. Item 3 Prepare a letter report which summarizes the structural feasibility study and provide conclusions and recommendations and which includes engineering sketches sufficient to describe the structural concepts. Item 4 ¯Conceptual Floor Plans¯Departmental Adjacencies¯Stacking Diagrams ¯Site Analysis¯Cost Analysis ¯Summary Documentation C:\FILES~PS-BLDG\SCOPE.EXA EXHIBIT A Scope of Work for Consultant Services Palo Ako Public Safety Building PaRe 7 of 9 PaRes. Task 5 Environmental Assessment A. Objectives and Approach Wagstaff and Associates will prepare a comparative environmental screening of the three top ranked site choices from Task 3 and prepare a preliminary initial study checklist for up to 10 sites reviewed. The environmental screening exercise’will be designed to meet two objectives: ¯To provide a preliminary Initial Study Checklist and determination for each site. Wagstaff and Associates will complete an Initial Study checklist and narrative for each of the candidate sites, following the city’s checklist format. The Initial Study Checklist. results, particularly tl~e list of mitigation implications, associated with each of the three sites, will provide a principal basis for ranking the three sites. ¯To rank the three sites in terms ofcomparative environmental implications. Wagstaff and Associates will consider and rank the candidate sites from most to least environmentally preferable, based on the environmental checklist results described above, with emphasis on identification of any key environmental distinctions and any significant adverse impact factors ("fatal flaws") which may be associated with each of the three site choices (i.e., land use compatibility, noise compatibility, traffic, safety, etc.). B. Environmental Assessment Methodology Our recommended work program will produce an Administrative Draft Initial Study checklist comparison and ranking document in six weeks following authorization to proceed and receipt of all relevant background information. The environmental comparison work program will consist of the following specific subtasks: Subtask I. Initial Scoping and Project Description Initial Staff Meeting Initial Field Surveys Initial Data Gathering and Review Project Description (Site Selection Program and Choices) Clarification of Key Issues and Concerns Subtask II. Comparative Environmental Analysis An Initial Study checklist and narrative will be completed for each. site. For each, the Initial Study will incorporate the list of questions included in the city’s normal Initial Study environmental checklist form, and will provide for one of the following answer choices for each impact issue: NO IMPACT, LESS THAN SIGNIFICANT IMPACT, POTENTIALLY SIGNIFICANT IMPACT UNLESS MITIGATION INCORPORATED, or POTENTIALLY SIGNIFICANT ADVERSE IMPACT. Each of these answers will be followed by an explanatory narrative. The following "checklist" items will be included: ¯Land Use and Planning ¯Population, Housing, and Employment ¯Geology/Earth ¯Water (Drainage and Water Quality) ¯Air Quality C:\FILES~PS-BLDG\SCOPE.EXA EXHIBIT A Scope of Work for Consultant Services Palo Alto Public Safety Building Page 8 of 9 Panes. ¯Traffic and Circulation ¯Biological Resources ¯Energy ¯Mineral Resources ¯Hazards ¯Noise ¯Public Services and Utilities ¯Aesthetics ¯Cultural Resources Subtask IIL Environmental Assessment Conclusions and Documentation Administrative Draft Environmental Assessment. The results of the Subtask II analyses will be presented in the form of three completed preliminary Initial Study checklists, each with accompanying narrative, and all attached to a cover summary document, which will include: a summary matrix showing the comparative results (imp~ict determinations) for each site and each impact category listed under Subtask II above; and a brief narrative describing the preliminary environmental assessment conclusions in the form of an "environmental ranking" of the three sites, with a brief explanation of the ranking, highlighting the key environmental distinctions among the three sites. An administrative draft version of this document will be submitted to the architect and city staff for review and comment. Public Release Environmental Assessment. Based on architect and city staff review of the administrative draft, a public release version of the environmental assessment (preliminary initial study comparison) will be prepared for public release. Subtask IV. Meetings and Public Hearings In addition to the initial staff meeting listed under Subtask I above, John Wagstaff or the Wagstaff and Associates Project Manager would attend up to three additional meetings with the consultant team and/or city staff, and up to two public meetings. Subtask V. Preparation of Project-Specific Environmental Documentation (Optional) After city selection of a preferred site, and completion of associated preliminary designs for the Public Safety Building project, Wagstaff and Associates would be available to convert the preliminary Initial Study completed above into a project-specific Initial Study. Task 6 Conceptual Design Based on the approved Architectural Program RDA shall prepare two conceptual designs for each of three sites for the new Palo Ako Public Safety Building. The conceptual design for expansion of the existing Police Facility at the Civic Center will be covered in Task 4. The conceptual design studies shall include conceptual site plans, conceptual plan layouts and a rendering of the exterior of the proposed building on each site indicating site context, massing, scale, height setbacks and style. C:’xFILES\PS-BLDG\SCOPE.EXA EXHIBIT A Scope of Work for Consultant Services Palo Alto Public Safety Building Page 9 of 9 Pages. Task 6 products shall include: ¯Two each conceptual designs for three sites ¯Conceptual drawings of the Public Safety Building on each site ¯Working meetings, discussions and incorporation of comments into the conceptual design °Three design working meetings Task 7 Cost Estimation RDA and its cost consultants shall prepare project cost estimates for developing a new Public Safety Building at each of the three sites. The cost estimates shall be inclusive of: acquisition of land and site development costs, construction costs, furniture, fixtures and equipment costs, design, construction management, testing and other "soft costs", telecommunication, data system and other related costs for a fully operational Public Safety Building ~ Task 8 Project Development Reportand Formal Presentations RDA shall prepare 10 copies of a draft written and graphic report documenting the planning, programming and conceptual design products developed for the new facility. The report will include an architectural program, design criteria, cost analysis, and shall provide recommendations on an optimum concept. The report will also document environmental concerns and urban design impacts and .describe the functional requirements of the Public Safety providers. Following review of the draft document by the City, RDA will incorporate review comments into a final document and produce 20 copies of a final report for distribution by the City. Task8 products shall include: Summary documentation ¯RDA will present the draft work and conceptual designs to the following Palo Alto Commissions or Boards: ARB (1) meeting . Planning Commission (1) meeting City Council (1) meeting ¯10 copies of written and graphic draft report ¯Incorporation of review comments ¯20 copies of final report Public Outreach and Community Process Meetings Under the City’s direction, RDA and its project team shall provide services including but not limited to organization and facilitation of community process meetings and preparation of meeting minute. The work under this catagory shall only include expenses related to meeting. Other work shall be performed under the respective tasks. CAFILES~PS-BLDG\SCOPE.EXA EXHIBIT B CITY OF PALO ALTO PUBLIC SAFETY BUILDING Phase I - Project Development Fee Schedule The following fee schedule presents the contractual amounts for Phase 1, Project Development, Services for the Palo Alto Public Safety Building. The individual task amounts are forbudgetary purposes only. The TOTAL TASK AMOUNT is lump sum. Public Outreach and Meetings and Reimbursable Expenses Allowance is time and Materials. The total maximum contract amount is $240,700. Task 1 -Project Orientation and Definition Task 2 -Architectural Program Task 3 -Site Survey and Selection Task 4 -Existing Facility Assessment Task 5 -Environmental Assessment Task 6 -Conceptual Design Task 7 -Cost Estimate Task 8 -Project Development Report . TOTAL TASK AMOUNT (Lump Sum) Public Outreach and Meetings (Time and Materials) Reimbursable Expenses Allowance (Time and Materials) TOTAL CONTRACT AMOUNT $18,800 $26,5O0 $4O,0O0 $24,500 $11,700 $28,000 $10,900 $16.100 $176,500 $51,000 $13.200 $240,700 C:M::ILES~PS-BLD GX, FEE.EKB ATTACHMENT C