HomeMy WebLinkAboutStaff Report 110-07City of Palo Alto
Manager’s Report
TO:HONORABLE CITY COUNCIL
FROM:
DATE:
CITY MANAGER
FEBRUARY 5, 2007
DEPARTMENT: PUBLIC WORKS
CMR:ll0:07
7
SUBJECT:APPROVAL OF A CONTRACT WITH KPA GROUP, INC., IN THE
AMOUNT OF $299,661 FOR ARCHITECTURAL AND
ENGINEERING DESIGN SERVICES FOR COLLEGE TERRACE
LIBRARY AND CHILD CARE CENTER IMPROVEMENTS -
CAPITAL IMPROVEMENT PROGRAM PROJECT PE-05010
RECOMMENDATION
Staff recommends that Council approve and authorize the City Manager or his designee to
execute the attached contract with the KPA Group, Inc., (Attachment A) in the amount of
$299,661 for architectural and engineering design services for the College Terrace Library and
Child Care Center Improvements PE-05010, including $272,419 for basic services and $27,242
for additional services.
BACKGROUND
The College Terrace Library was designed by architect Charles Sumner and was constructed in
1936. The building square footage is approximately 4,860 square feet. The main portion of the
building is used as a public library while the south wing is leased to a daycare center. The
building is classified as a Category 4 historical structure in the City’s historical building
inventory and any modifications must comply with the Secretary of the Interior’s Standards for
Rehabilitation. Replacement of the building’s materials will be with products that are in keeping
with the architectural style, historic design requirements and library functionality.
The building was identified in the 1996 Adamson Report as needing upgrades to all major
building components such as heating, air conditioning, roofing, and electrical systems. The
building is also in need of structural reinforcement in order to better prepare it to withstand a
significant earthquake. The restrooms are not in compliance with Americans with Disabilities
Act (ADA) accessibility guidelines. The child care center has recently been remodeled but will
-be evaluated for potential upgrades to the air conditioning or other outdated systems.
Furthermore, the building was constructed in 1936 over intersecting storm drain pipelines. A
critical consideration for design is to upgrade the pipelines to prevent future sinkholes or
flooding which can cause significant damage to the building.
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The awarding of a contract for design services for the College Terrace Library was deferred by¯Council on June 12, 2006, so that staff could focus on Completing the Mitchell Park Library
Space Study (CMR:260:06) by December 18, 2006. The Mitchell Park Library Space Study
(Study) was completed and presented to the City Council at their December 4, 2006 meeting
(CMR:434:06). The Study, which looked at the overall cost of improving City libraries,
recommended $2.5 million in conceptual construction costs for College Terrace Library
upgrades.
DISCUSSION
Scope of Services Description
The purpose of the College Terrace Library and Child Care Center project is to repair or replace
those parts of the library and child care center that are no longer serviceable, to structurally
reinforce the building to resist seismic loading and to bring the building up to current
accessibility codes. In addition to the seismic and ADA upgrades, the KPA Group’s work scope
covers design services for the following items: painting of the interior and exterior of the
building, window caulking and resealing; replacement of the clay tile roof, replacement of the
interior flooring, replacement of heating and ventilation units, upgrade of the electric panels and
wiring; repair of dry rot and termite damage; and repair or replacement of damaged landscaping.
These repairs and renovations address the Library Service Model Analysis and
Recommendations for infrastructure improvements to the College Terrace Library
(CMR:429:06).
During the initial site investigation, staff discovered that the library was apparently built on top
of two intersecting storm drain lines. The manhole for the storm drain is directly beneath a
closet and is therefore inaccessible to maintenance crews. Given the age and condition of the
storm drain lines, staff recommends building a manhole access door into the floor of the closet
and then lining the pipes with durable plastic lining to extend their life. Limited excavation
would be required for this process. The storm drain work would be funded by CIP SD-06101
(Storm Drain System Replacement and Rehabilitation).
The replacement and repairs of the library will be in keeping with the architectural style and
historic design requirements of the library. The KPA Group will also provide construction cost
estimates for the above work items as well as evaluate the current interior layout and recommend
ways that circulation, material displays and other serviceability items might be improved.
Summary of Solicitation Process
Proposal Description
Proposed Length of Project
Number of Proposals Mailed
Total Days to Respond to Proposal
Pre-proposal Meeting Date
Number of Company Attendees at
Pre-proposal Meeting
Name/Number of Proposal
College Terrace Library Seismic Upgrade and
1 year - design on!y
32
39
May 25, 2006 at 10:30 a.m.
19
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Number of Proposals Received:
Company Name
1.The KPA Group
2.Don Dommer Associates
3.Garavaglia Architecture
4.Hamilton + Aitken Architects
5.Kodama Disefio
6.Cody Anderson Wasney Architects
7,Creegan + D’Angelo, Consulting
Range of Proposal Amounts
Submitted
7
Location (City, State)
Oakland, CA
Oakland, CA
San Francisco, CA
San Francisco, CA
San Francisco, CA
Palo Alto, CA
San Jose, CA
$i50,000-268,899
Selected
interview?
Yes
No
Yes
No
No
No
No
for oral
A Request for Proposals (RFP) for the College Terrace Library and Child Care Center design
services was posted at the Civic Center and on the city website. An evaluation committee
consisting of staff members from Public Works Engineering and the_ Library Depa~me_n_t
reviewed the proposals. Two firms were invited to participate in oral interviews on July 26,
2006. The committee carefully reviewed each firm’s qualifications and submittal in response to
the criteria identified in the RFP. The criteria used to select a firm were project management
strengths and qualifications, design aesthetics and technical expertise. KPA Group was selected
based on its extensive experience in library programming and design as opposed to the other
firms submitting proposals, in addition, the KPA Group has worked on several other historic
structures. The firm is exempt from complying with the financial disclosure provisions of the
City’s conflict of interest code because the firm’s range of duties and services to be provided
under the contract are limited in scope or are primarily ministerial in nature.
RESOURCE IMPACT
Funding for the College Terrace Library design work is included in Capital Improvement
Program project PE-05010, College Terrace Library and Child Care Center Improvements. The
storm drain work would be funded by CIP SD-06101 (Storm Drain System Replacement and
Rehabilitation).
POLICY IMPLICATIONS
This recommendation is consistent with Council’ s direction to the Library Advisory Commission
to recommend a course of action for library programs and infrastructure and is consistent with
the establishment of the Library as a Top 3 priority for 2006.
The consultant will begin design work shortly after contract approval. Due to an increased staff
worldoad related to the Mitchell Park Library and Community Center study, this project will
proceed on a normal time schedule and not be fast-tracked. Completion of the design is
anticipated to be in the summer of 2008.
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ENVIRONMENTAL REVIEW
The scope of services requires that all design and engineering work for the College Terrance
Library comply with the Secretary of the Interior Standards for treatment of historic properties
and Guidelines for preserving, rehabilitating, restoring and reconstructing historic properties.
Therefore the maintenance, seismic upgrade, repair and rehabilitation to be done will be exempt
from the California Environmental Quality Act (CEQA), under CEQA guidelines S. 15331.
ATTACHMENTS
Attachment A: Contract (includes Scope of Services and Certification of Nondiscrimination)
PREPARED BY:
DEPARTMENT HEAD:
CITY MANAGER APPROVAL:
BENGARD
Senior Engineer
GLENN ROBERTS
Director of Public Works
Assistant City Manager
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ATTACHMENT A
CITY OF PALO ALTO CONTRACT NO. C07117374
AGREEMENT BETWEEN THE CITY OF PALO ALTO AND
THE KPA GROUP
FOR PROFESSIONAL SERVICES
COLLEGE TERRACE LIBRARY SEISMIC UPGRADE AND REHABILITATION
This AGREEMENT is entered into , by and
between the CITY OF PALO ALTO, a California Charter City ("CITY"),
and The KPA Group, a corporation of the state of California with
offices located at 300 Frank H. Ogawa Plaza, Suite 50, Oakland, CA
94612 ("CONSULTANT").
RECITALS
The following recitals are a substantive portion of this Agreement.
A. CITY intends to rehabilitate and seismically upgrade College
Terrace Library and Daycare Center("Project") and desires to engage
a consultant to provide design and construction administration
services in connection with the Project ("Services").
B. CONSULTANT has represented that it and any subconsultants have
the necessary professional expertise, qualifications, and
capability, and all required licenses and/or certifications to
provide the Services.
C. CITY in reliance on these representations desires to engage
CONSULTANT to provide the Services as more fully described in
Exhibit "A", attached to and made a part of this Agreement.
D. CONSULTANT has agreed to perform the Services on the terms and
conditions contained in this Agreement.
NOW, THEREFORE, in consideration of the recitals,
covenants, terms, and conditions, this Agreement, the parties
agree:
AGREEMENT
SECTION I. SCOPE OF SERVICES. CONSULTANT shall perform the Services
described in Exhibit "A" in accordance with the terms and
conditions contained in this Agreement. The performance of al!
Services shall be to the reasonable satisfaction of CITY.
SECTION 2. TERM. The term of this Agreement shall be from the
date of its full execution through completion of the services
unless terminated earlier pursuant to Section 21 of this Agreement.
SECTION 3. SCHEDULE OF PERFORMANCE. Time is of the essence in the
performance of Services under this Agreement. CONSULTANT shall
complete the Services within the term of this Agreement and in
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CITY OF PALO ALTO CONTRACT NO. C07117374
accordance with the schedule set forth in Exhibit "B", attached to
and made a part of this Agreement. Any Services for which times for
performance are not specified in this Agreement shall be commenced
and completed by CONSULTANT in a reasonably prompt and timely
manner based upon the circumstances and direction communicated to
the CONSULTANT. CITY’s agreement to extend the ~ term or the
schedule for performance shall not preclude recovery of damages for
delay if the extension is required due to the fault of CONSULTANT.
SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid
to CONSULTANT for performance of the Services described in Exhibit
"A", including both payment for professional services and
reimbursable expenses, shall not exceed two hundred seventy-two
thousand four hundred nineteen Dollars ($272}419.00). In the event
Additional Services are authorized, the total compensation for
services and reimbursable expenses shall not exceed two hundred
ninety-nine thousand six hundred sixty-one Dollars ($299,661.00)~.
The applicable rates and schedule of.payment are set out in Exhibit
~C", entitled "COMPENSATION," which is attached to and made a part
of this Agreement.
Additional Services, if any, shall be authorized in accordance with
and subject to the provisions of Exhibit ~C~. CONSULTANT shall not
receive any compensation for Additional Services performed without
the prior written authorization of CITY. Additional Services shall
mean any work that is determined by CITY to be necessary for the
proper completion of the Project, but which is not included within
the Scope of Services described in Exhibit ~A".
SECTION 5. INVOICES. In order to request payment, CONSULTANT shall
submit monthly invoices to the CITY describing the services
performed ~and the applicable charges (including an identification
of personnel" who performed the services, hours worked, hourly
rates, and reimbursable expenses), based upon the CONSULTANT’s
billing rates (set forth in Exhibit "C"). If applicable, the
invoice shall also describe the percentage of completion of each
task. The information in CONSULTANT’s payment requests shall be
subject to verification by CITY. Send all invoices to the CITY
attention the Project Manager. The Project Manager is: Karen
Bengard, Dept.: Public Works, Engineering Division, P.O. BOX
10250, Palo Alto, CA 94303, Telephone: 650-329-2636.
SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All of the Services
shall be performed by CONSULTANT or under CONSULTANT’s supervision.
CONSULTANT represents that it possesses the professional and
technical personnel necessary to perform the Services required by
this Agreement and that the personnel have sufficient skill and
experience to perform the Services assigned to them. CONSULTANT
represents that it, its employees and subconsultants have and shall
maintain during the term of this Agreement all licenses, permits,
qualifications, insurance and approvals of whatever nature that are
legally required to perform the Services.
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CITY OF PALO ALTO CONTRACT NO. C07117374
All of the services to be furnished by CONSULTANT under this
agreement shall meet the professional standard and quality that
prevail among professionals in the same discipline and of similar
knowledge and skill engaged in related work throughout California
under the same or similar circumstances.
SECTION 7. COMPLIANCE WITH LAWS. CONSULTANT shall keep itself
informed of and in compliance with all federal, state and local
laws, ordinances, regulations, and orders that may affect in any
manner the Project or the performance of the Services or those
engaged to perform Services under this Agreement. CONSULTANT shall
submit drawings and calculations to the CITY for plan check and
shall respond to plan check comments from the CITY.
CONSULTANT shall report immediately to the CITY’s project manager,
in writing, any discrepancy or inconsistency it discovers in the
laws, ordinances, regulations, orders, and/or guidelines in
relation to the Project of the performance of the Services.
All documentation prepared by CONSULTANT shall provide for a
completed project that conforms to all applicable codes, rules,
regulations and guidelines that are in force at the time such
documentation is prepared. . ~
SECTION 8. ERRORS/OMISSIONS. CONSULTANT shall correct, at no cost
to CITY, any and all errors, omissions, or ambiguities in the work
product submitted to CITY, provided CITY gives notice to
CONSULTANT. If CONSULTANT has prepared plans and specifications or
other design documents to construct the Project, CONSULTANT shall
be obligated to correct any and all errors, omissions or
ambiguities in the design documents discovered prior to and during
the course of. construction of the Project. The parties acknowledge
¯ that CONSULTANT’s services under this agreement include work within
.existing facilities in which existing conditions cannot be fully
verified without performing demolition work. CITY acknowledges
that the services do not include any demolition work to allow full
verification of existing conditions. Accordingly, CONSULTANT’s
obligation to correct errors, omissions, or ambiguities in the
design documents shall not extend to errors, omissions, or
ambiguities resulting from conditions that could not reasonably be
verified by CONSULTANT without performing demolition. This
obligation shall survive termination of the Agreement.
SECTION 9. COST ESTIMATES. CONSULTANT shall submit estimates of
probable construction costs at each phase of design submittal. If
the total estimated construction cost at any submittal exceeds ten
percent (10%) of the CITY’s stated construction budget, CONSULTANT
shall make recommendations to the CITY for ~aligning the PROJECT
design with the budget, incorporate CITY approved recommendations,
and revise the design to meet the Project budget, at no additional
cost to CITY.
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CITY OF PALO ALTO CONTRACT NO. C07117374
SECTION I0. INDEPENDENT CONTRACTOR. It is understood and agreed
that in performing the Services under this Agreement CONSULTANT,
and any person employed by or contracted with CONSULTANT to furnish
labor and/or materials under this Agreement, shall act as and be an
independent contractor and not an agent or employee of the CITY.
The manner and means of conducting the Services are the
responsibility of and under the control of CONSULTANT, except to
the extent they are limited by applicable law and the express terms
of this Agreement.
CONSULTANT will be responsible for ~employing or engaging all
¯ persons necessary to perform the Services. All contractors and
employees of CONSULTANT are deemed to be under CONSULTANT’S
exclusive direction and control. CONSULTANT shall be responsible
for their performance.
SECTION ii. ASSIGNMENT. The parties agree that the expertise and
experience of CONSULTANT are material considerations for this
Agreement. CONSULTANT shall not assign or transfer any interest in
this~Agreement nor the performance of any of CONSULTANT’s
obligations hereunder without the prior written consent~of the city
manager. Consent to one assignment will not be deemed to be
consent to any subsequent assignment. Any assignment made without
the approval of the city manager will be void.
SECTION 12. SUBCONTRACTING.
Notwithstanding Section ii above, CITY agrees that subconsultants
may be used to complete ~the Services. The subconsultants
authorized by CITY to perform work on this Project are:
I. Glumac 4. KELLCO
2. URS 5. Garavaglia Architecture
3. Faithful & Gould 6. Stockton Associates
CONSULTANT shall be responsible for directing the work of any
subconsultants and for any compensation due to subconsultants.
CITY assumes no responsibility whatsoever concerning such
compensation. CONSULTANT shall be fully responsible to CITY for
all acts and omissions of a subconsultant. CONSULTANT shall change
or add subconsultants only with the prior approval of the city
manager or his designee. Any ~communications with subconsultants
shall be through CONSULTANT.
SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Michael
Shanus as the project director to have supervisory responsibility
for the performance, progress, and execution of the Services and
Matthew Inadomi as the project coordinator to represent CONSULTANT
during the day-to-day work on the Project. If circumstances or
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CITY OF PALO ALTO CONTRACT NO. C07117374
conditions subsequent to the execution of this Agreement cause the
substitution of the project director, project coordinator, or any
other key personnel for any reason, the appointment of a substitute
project director and the assignment of any key new or replacement
personnel will be subject to the prior written approval of the
CITY’s project manager. CONSULTANT, at CITY’s request, shall
promptly remove personnel who CITY finds do not perform the
Services in an acceptable manner, are uncooperative, or present a
threat to the adequate or timely completion of the Project or a
threat to the safety of persons or property.
The citY manager will represent CITY for all purposes under this
Agreement. Karen Bengard is designated as the project manager ~for
the~CITY and.will be assisted by Woojae Kim, the Project Engineer.
The project manager .will be CONSULTANT’s point of contact with
respect to performance, progress and execution of the Services.
The CITY may. designate an alternate project manager from time to
time.
SECTION 14. DUTIES OF CITY. To assist CONSULTANT in the
performance of the Sez-vices, CITY will furnish~ or cause to be
furnished the specified services and/or documents described in
Exhibit "A" and such other available information as may be
reasonably requested by CONSULTANT.
SECTION 15. OWNERSHIP OF MATERIALS.
15.1. All drawings, plans, reports, specifications,
calculations, documents, other materials and copyright interests
(including all copyrightable interests arising under the 1990
Architectural Works Copyright Protection Act) developed or
discovered by CONSULTANT or any other person engaged directly or
indirectly by CONSULTANT to perform the services required hereunder
shall be and remain the property of CITY without restriction or
limitation upon their use. Neither CONSULTANT nor its contractors,
if any, shall make any of such materials available~ to any
individual or organization without the prior written approval of
the city manager or designee.
15:2. In addition to the provisions of Subsection 15.1.,
above, the .following shall apply to all plans, drawings,
specifications, and related reports and documents, and electronic
equivalents-(collectively "Plans") developed pursuant to this
Agreement:
15.1.1. CITY shall have the right to reproduce and
use the Plans forpurposes of the Project that is the subject of
this Agreement, including, but not limited to, any use associated
with construction, reconstruction, modification, management,
maintenance, and renovation of the Project.
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CITY OF PALO ALTO CONTRACT NO. C07117374
15.2.2. CITY shall have the right to reproduce,
use and modify the PLANS, or portions thereof, in the design and
construction of any other future CITY project. CITY acknowledges
that CONSULTANT does not warrant the suitability of the PLANS for
reuse other than as needed for the Project that is the subject of
this AGREEMENT.
15.2.3. The. right of the CITY to modify and reuse
the PLANS pursuant to this Subsection 15.2. is subject to the
provisions of California Business and Professions Code Sections
5536.25, 6735, 6735.3 or 6735.4, whichever is applicable.
SECTION 16. AUDITS. CONSULTANT will permit CITY to audit, at any
reasonable time during the term of this Agreement and for three (3)
years thereafter, CONSULTANT’s records pertaining, to matters
covered by this Agreement. CONSULTANT further agrees to maintain
and retain such records for at least, three (3) years after the
expiration or earliertermination of this Agreement.
SECTION 17. INDEMNITY. To the fullest extent permitted by law,
CONSULTANT shall protect, indemnify, defend and hold harmless CITY,
its~ Council members, officers, employees and agents (each an
~Indemnified Party") from and against any and all demands, claims,
or liability of any nature, including death or injury to any
person, property damage or any other loss, including all costs and
expenses of whatever nature including attorneys fees, experts fees,
court costs and disbursements (~Claims") that arise out of, pertain
to, or relate to the negligence., recklessness, or willful
misconduct of the CONSULTANT, its officers, employees, agents or
contractors under this Agreement, regardless of whether or not it
is caused in part by an Indemnified Party. In no event shall the
Contractor hired by the City to construct the building be
considered to be an agent of the CITY.
Notwithstanding the above, nothing in this Section 17 shall be
construed to require CONSULTANT to indemnify an Indemnified Party
from Claims arising from the active negligence, sole negligence or
willful misconduct of an Indemnified Party.
The acceptance of CONSULTANT’s services and duties by CITY shall
not operate as a waiver of the right of indemnification. The
provisions of this Section 17 shall survive the expiration or early
termination of this Agreement.
SECTION 18. WAIVERS. The waiver by either party of any breach
or violation of any covenant, term, condition or provision of this
Agreement, or of~the provisions of any ordinance or law, will not
be deemed to be a waiver of any other term, covenant, condition,
provisions, ordinance or law, or of any subsequent breach or
violation of the same or of any other term, covenant, condition,
provision, ordinance or law.
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CITY OF PALO ALTO CONTRACT NO. C07117374
SECTION 19. INSURANCE.
19.1.CONSULTANT, at its sole cost and expense, shall
obtain and maintain, in full force and effect during the term of
this Agreement, the insurance coverage described in Exhibit "D".
CONSULTANT and its contractors, if any, shall obtain a policy
endorsement namingthe City of Palo Alto as an additional insured
under any general liability or automobile policy or policies.
19.2.All insurance coverage required hereunder shall
be provided through carriers with Best’s Key Rating Guide ratings
of A-:VII or higher which are admitted to transact insurance
business in the State of California. Any and all contractors of
CONSULTANT retained to perform Services under this Agreement will
obtain and maintain, in full force and effect during the term of
this Agreement, similar insurance coverage, naming CITY as an
additional insured under such policies as required above.
19.3.Certificates evidencing such insurance shall be
filed with CITY concurrently with the execution of this Agreement.
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 materially reduced
in coverage or limits, by the insurer except after filing with the
Purchasing Manager thirty (30) days! prior written notice of the
cancellation or modification, CONSULTANT shall be responsible for
ensuring that current certificates evidencing the insurance are
provided to CITY’s Purchasing Manager during the entire term of
this Agreement.
19.4.The procuring of such required policy or
policies of ±nsurance will not be construed to limit CONSULTANT’s
liability hereunder nor to fulfill the indemnification provisions
of this Agreement. 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 Agreement,
including such damage, injury, or loss arising after the Agreement
is terminated or the term has expired.
SECTION 20. WORKERS’ COMPENSATION. CONSULTANT, by executing this
Agreement, 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 and during the performance of the
Services.
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CITY OF PALO ALTO CONTRACT NO. C07117374
SECTION 21. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES.
21.1.The city manager may suspend the performance of
the Services, in whole or in part, or terminate this Agreement,
with or without cause, by giving ten (i0) days’ prior written
notice thereof to CONSULTANT. Upon receipt of such notice,
CONSULTANT will immediately discontinue its performance of the
Services.
21.2.CONSULTANT may terminate this Agreement or
suspend its performance of the Services by giving ten (i0) days
prior written notice thereof to CITY, but only in the event of a
substantial failure of performance by CITY.
21.3.Upon such suspension or termination, CONSULTANT
shall deliver to the City Manager immediately any and all copies of
studies, sketches, drawings, computations, and other data, whether
or .not completed, prepared by CONSULTANT or its contractors, if
any, or given to CONSULTANT or its contractors, if any, in
connection with this Agreement. Such materials will become the
property of CITY. If there is no activity on the project for a
period of 120 or more days, then the project will be considered
terminated.
21.4.Upon such suspension or termination by CITY,
CONSULTANT will be paid for the Services rendered or materials
delivered to CITY in accordance with the scope of services on or
before the effective date (i.e., i0 days after giving notice) of
suspension or termination; provided, however, if this Agreement 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 acting
in the reasonable exercise of his/her discretion
21.5. 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 Agreement.
SECTION 22. NOTICES.
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
With a copy to the Purchasing Manager.
To CONSULTANT: Attention of the project director
at the address of CONSULTANT recited above
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CITY OF PALO ALTO CONTRACT NO. C07117374
SECTION 23. CONFLICT OF INTEREST.
23.1.In accepting this Agreement, 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.
23.2.CONSULTANT further covenants that, in the
performance of this Agreement, it will not employ subconsultants,
contractors or persons having such an interest. CONSULTANT
certifies that no person who has or will have any financial
interest under this Agreement is an officer or employee ofciTY;
this provision will be interpreted in accordance with the
applicable provisions of the Palo Alto Municipal Code and the
Government Code of the State of California.
23.3. If the Project Manager determines that CONSULTANT
is a ~Consultant" as that term is defined by the Regulations-of the
Fair Political Practices Commission, CONSULTANT shall be required
and agrees to file the appropriate financial disclosure documents
required by the Palo Alto Municipal Code and the Political Reform
Act.
SECTION 24. NONDISCRIMINATION. As set forth in Palo Alto Municipal
Code~ section 2.30.510, CONSULTANT agrees that in the performance of
this Agreement, it shall not discriminate in the employment of any
person because of the race, skin color, gender, age, religion,
disability, national origin, ancestry, sexual orientation, housing
status, marital status, familial status, weight or height of such
person. CONSULTANT acknowledges that it has read and understands
the provisions of Chapter 2.28 of the Palo Alto Municipal Code
relating to Nondiscrimination Requirements and the penalties for
violation thereof, and agrees to meet all requirements of Chapter
2.28 pertaining to nondiscrimination in employment, kncluding
completing the form furnished by CITY and set forth in Exhibit "E"
SECTION 25.MISCELLANEOUS PROVISIONS.
25.1. This Agreement will be governed by the laws of
the State of California.
25.2.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.
25.3.The prevailing party in any action brought to
enforce the provisions of this Agreement may recover its reasonable
costs and attorneys’ fees expended in connection with that action.
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25.4.This document represents the entire and
integrated agreement 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.
25.5.The covenants, terms, conditions and provisions
of this Agreement will apply to, and will bind, the heirs,
successors, executors, administrators, assignees, and CONSULTANTs,
as the case may be, of the parties.
25.6.If a court of competent jurisdiction finds or
rules that any provision of this Agreement or any amendment thereto
is void or unenforceable, the unaffected provisions of this
Agreement and any amendments thereto will remain in full force and
effect.
25.7.All exhibits referred to in this Agreement and
any addenda, appendices, attachments, and schedules to this
Agreement which, from time to time, may be referred to in any duly
executed amendment hereto are by such reference incorporated in
this Agreement and will be deemed to be a part of this Agreement.
25.8.This Agreement is subject to the fiscal
provisions of the Charter of the City of Palo Alto and the Palo
Alto Municipal Code. This Agreement 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
Agreement are no longer available. The CITY will give the
CONSULTANT w~itten notice within I0 days of this occurrence. This
Section 25.8 shall take precedence in the event of a conflict with
any other covenant, term, condition, or provision of this
Agreement.
050310
CITY OF PALO A!~TO CONTRACT NO. C07117374
IN WITNESS WHEREOF, the parties hereto have by their duly
authorized representatives executed this Agreement on the date
first above written.
APPROVED AS TO FORM:CITY OF PALO ALTO
Senior Asst. City Attorney Assistant City Manager
APPROVED:
Director of Administrative
Services
Taxpayer Identification No.
(Co~pl iance with Corp. Code ~ 313 is
required if the entity on whose behalf
this contract is signed is a corporation.
In the alternative, a certified corporate
resolution attesting to the signatory
authority of the individuals signing in
their respective capacities is acceptable)
Attachments :
EXHIBIT "A" :
EXHIBIT "B":
EXHIBIT "C" :
EXHIBIT "C-I":
EXHIBIT "D" :
EXHIBIT "E":
SCOPE OF WORK
SCHEDULE OF PERFORMANCE
COMPENSATION
HOURLY RATES
INSURANCE
NONDISCRIMINATION COMPLIANCE FORM
050310
ii >
CITY OF PALO ALTO CONTRACT NO. C07117374
Scope of Services
Exhibit A
Page 1 of~13
College Terrace Library Seismic Upgrade and Rehabilitation
Design Services - CIP # PE-05010
DESCRIPTION OF PROJECT:
The Consultant to provide design and construction administration
services for rehabilitation of the College Terrace Library
("Library") and daycare located at 2300 Wellesley Avenue. The
purpose of the project is to repair or replace thoseparts of
the Library and daycare center that are no longer serviceable,
to structurally reinforce the building to resist seismic
loading, and to bring the building up to Current accessibility
codes. The project is not intended to move walls or otherwise
change the layout of either the library or daycare areas except.
as may be needed to accommodate structural changes due to
seismic or other infrastructure work. The Library shall be
studied for possible operational and space needs upgrade. Desks,
bookshelves, cabinets and other equipment not considered part of
the building’s infrastructure may be considered for replacement
or upgrade as needed for accessibility compliance and future
library operations. The crawl space for the building and the
lawn area are frequently saturated with water possibly due to
poor grading. Building items that are worn (such as carpet),
damaged or nearing the end of their useful life shall be
replaced. Items that are merely old but otherwise functioning
would remain. Items such as ceiling lightingwhich are ~old but
still functioning properly may be replaced if the functionality
is not sufficient for current intended usage or not sufficiently
energy efficient. Replacement of all such materials would be
with products that are in keeping with the architectural style
and historic design requirements of the library and library
functionality.
The Library is a Category 4 building on the City historical
inventory which implies that significant architectural
modifications are subject to review by the City of Palo Alto’s
Historical Resources Board (HRB). If the design changes to the
building are considerable, HRB members shall be consulted early
in the project. In any case, any modifications made to this
historic building must comply with the Secretary of Interior’s
Standards for Rehabilitation. Retain a historic architect to
ensure that the building is appropriately treated.
CITY OF PALO ALTO CONTRACT NO. C07117374
Scope of Services
PROJECT GOALS:
Exhibit A
Page 2 of 13
The main priority of the project is to seismically upgrade the
building to code. A structural analysis shall be performed.
Based on the results of the analysis, a design shall be prepared
that will reinforce the building to better withstand a
significant seismic event per current building codes. The
proposed design shall have as little operational and aesthetic
impact as possible, particularly because the building has
historical significance.
Due to the magnitude of the project, the Library and the daycare
center is required to be made fully compliant with the Americans
with Disabilities Act (ADA) and associated building codes. As
mentioned before, some of the entrances to the building were
upgraded in 1998 with intent to make them accessible per ADA.
The Consultant shall survey the entire building for
accessibility issues and propose designs for compliance.
Depending on the amount of exterior changes to the building, the
designs are subject to Architectural Review Board (ARB). and HRB
review. ARB and HRB reviews are public meetings and require
application package submittals consisting of conceptual drawings
and renderings.
In addition to seismic and ADA evaluation and design, special
studies shall be conducted to assess conditions of the Library
and daycare center. Building components such as the clay tile
roof, paint, caulking for windows, flooring, gas heaters,
ventilation units, plumbing and light fixtures, electric panels,
and electric wiring may be at the end of their lifecycle.. Upon
assessment of current conditions, the City may choose to repair
or replace components if possible within construction budget.
The project construction budget is $2 million. The items
needing repair or replacement shall be prioritized according to
safety necessity and cost.
The Library was built over intersecting main storm drain pipes.
There is a manhole under the crawl space of the daycare center
for which access is necessary for future maintenance. The
Consultant shall propose methods and design to upgrade the storm
drain lines running under the building. Possible solution is to
inline the pipes to prevent future .failures and prolong the
lifespan. Latch system shall be designed to provide access to
existing manhole.
CITY OF PALO ALTO CONTRACT NO. C07117374
Scope of Services
Exhibit A
Page 3 of 13
The City has retained a landscape architect who prepared
preliminary drawings for landscape improvements on site. For
the final landscape design, the City’s landscape architect shall
work with the Consultant for any coordination issues. The
Consultant shall incorporate the landscape drawings and
specifications into the construction document set. The cost
estimate for the landscape work shall be provided by the City’s
landscape architect and the construction funds for the work is
not part of the $2million dollar project budget.
All efforts shall be made to conduct evaluations and special
studies when facilities are closed or apply methods to avoid
impacts and maintain safety for staff and patrons of the library
and the daycare center.
As a part of this project, the City intends to incorporate
sustainable design strategies in accordance with the City’s
Green Building Policy included in Attachment 3. Design for
building components shall optimize library operations, and
allowed for a sustainable balance of first costs vs. long-term
maintenance.
Prepare a plan for strategic phasing and coordination of
construction to guarantee minimal impact on library and daycare
operations. Temporary relocation during construction can be
considered if feasible. The plan shall include trailers or
modular structures needed for temporary facilities..~ If no.space
for temporary building is available on-site, the City shall
identify an alternate location for the temporary facility.
The Consultant shall hire a professional cost estimating
consultant to verify and prepare cost estimates for the Library
and daycare upgrade and rehabilitation work. The cost
estimating consultant shall verify costs provided in s~ructurai
analysis, and other evaluations and studies for proposed work.
In addition, the professiona! estimator shall provide
construction cost estimates during the preliminary design and
construction document stages. The cost estimate shall reflect
current local Bay Area construction market and shall refer to
other similar library projects recently bid. The construction
estimate shall include all related costs for moving, temporary
storage for books and other materials in the Library’s
collection as well as furniture and equipment, trailer or
alternate building rental for the Library and daycare center,
projected inflation costs, furniture needed for ADA compliance,
CITY OF PALO ALTO CONTRACT NO. C07117374
Scope of Services
Exhibit A
Page 4 of 13
etc. as needed. Books and other library materials require
appropriate storage conditions.
The professional cost estimating consultant shall also prepare a
conceptual cost estimate if the Library and daycare center were
to be demolished and rebuilt with a comparable building on site.
This budgetary estimate can be presented in a cost per square
foot type basis. The purpose of the rebuild estimate is to
justify the rehabilitation cost of the building for the City to
proceed with this project.
PROJECT TASKS:
PHASE 1 - EVALUATIONS AND DESIGN
In this phase, the building systems and components shall be
evaluated for structural integrity, ADA compliance, conditions
of building elements and site, dry rot/termite and mold issues,
and hazardous materials. Survey of the building corners,
property lines and site shall be provided. Conduct studies of.
the intersecting storm drain lines under the building. Compile
all reports, findings and proposalsfrom Tasks A, B and C and
submit a final report for the City’s review. From the final
report and after discussions with the City staff, the Consultant
shall develop the project program scope, project budget,
guidelines for the construction process, schedule for the
FY06/FY07 rehabilitation program and plan for design.
Task A: STRUCTURAL SYSTEMS ANALYSIS
Evaluate the structural systems for the Library and daycare
center for deficiencies and propose methods to make building
conform to structural requirements of California Code of
Regulations, Title 24, and the 2001 California Building Code.
Propose retrofit option that shall have the least impact to the
building which maybe subjected to ARB and HRB review. Perform
geological hazards evaluation and geotechnical engineering
report. Further state if any equipment or furnishings need to
be anchored for seismic safety per code. Submit structural
evaluation report with recommendation for upgrade for the City’s
review before finalizing. With the analysis, provide cost
estimates for the proposed structural upgrade work, and identify
any work or dollar limits that might trigger additional code
requirements or remodeling.
CITY OF PALO ALTO CONTRACT NO. C07117374
Scope of Services
Exhibit A
Page 5 of 13
Deliverable:
Structural analysis - Five (5) copies
Proposal for seismic retrofit with cost estimates - Five
(5) copies
Task B: ACCESSIBILITY SURVEY AND EVALUATION
Survey and identify accessibility items not conforming to
Americans withDisability Act, California Code of Regulations,
Title 24, and the 2001 California Building Code. Propose
.minimum requirements and cost to bring the Library and daycare
center to accessibility code compliance. Areas to survey are,
but not limited to, parking lot, path of travel, signage,
entrances, public phone, drinking fountain, bathrooms, walkway
clearances, circulation and reference desks, and others public
and staff areas. Proposals for accessibility upgrade shal! be
subjected to ARB and HRB review. Submit accessibility survey
and recommendations to the City for review before finalizing.
Deliverable:
Accessibility survey findings and recommendations with cost
estimates - Five (5) copies
Task C: SPECIAL STUDIES
Buildin~ Components Evaluation:
In addition t~ the seismic and ADA evaluations, conduct special
studies to assess conditions of the Library and daycare center.
Pending construction budget, it is anticipated that the
following areas, but not limited to, may require work: interior
and exterior painting; caulk and reseal windows; clay tile roof;
interior flooring; restrcoms; two heating and ventilation units;.
electric panels; miscellaneous dry rot and termite repair; any
damaged equipment such as sinks, light fixtures, plumbing
fixtures, etc.; and any outdated communication and electrical
wiring. The ground under the building is often saturated with
water. This might be because of poor drainage on site.
Investigate this issue and make recommendations for repair.
Provide assessment on feasibility for installing centralized
HVAC system for the Library and daycare center. The building
shall be also assessed for fire protectionsystem requirements.
Depending on the valuation of the building and the amount of
construction work expected, installation of fire sprinkler
CITY OF PALO ALTO CONTRACT NO. C07117374
Scope of Services
Exhibit A
Page 6 of 13
system may be required by the Building Department. If required,
new fire sprinkler system design shall be incorporated into the
construction documents.
The Consultant shall complete a~ survey of building elements to
identify and quantify deterioration for review by the City. The
items needing repair or replacement shall be prioritized
according to safety, necessity and costs.Meet with City
representatives to review findings from special studies, and
make decisions on a final repair program to strategize for
prepare for preliminary design.
Hazardous Materials Study:
Hazardous material testing is required wherever the building may
be disturbed during construction. Provide a hazardous material
testing report and abatement plans and specifications that is
project specific. Keep in mind the operational hours of the
facilities and assume that the facilities cannot be shutdown
during open hours.
Storm Drain Lines Study:
Review existing condition of the storm drain lines under the
Library. Work with the Public Works Storm Drain Engineering
group and propose method to upgrade the pipelines from future
failures. Propose access systems for storm drain manhole
located under the daycare center crawl space.
Survey:
The Consultant shall conduct a field survey of the Library and
daycare center perimeter to determine topographic elevations to
address site drainage issues around the building.
Deliverable:
Comprehensive building component evaluation and
recommendations with cost estimates - Five (5) copies
Hazardous materials study and abatement plans and
specifications with cost estimates - Five (5) copies
Storm drain lines study and proposal for upgrade with cost
estimates - Five (5) copies
Survey drawings - Five (5) copies
CITY OF PALO ALTO CONTRACT NO. C07117374
Scope of Services
Exhibit A
Page 7 of 13
Task D: PRELIMINARY DESIGN AND FINAL REPORT
Compile all reports, findings and proposals from Tasks A, B and
C and submit a final report for the City’s review. From the
final report and after discussions with the City staff, the
Consultant shall develop the project program scope, project
budget, 35% design documents, guidelines for the construction
process, and schedule for the FY06/FY07 rehabilitation program.
The proposed architectural and engineered systems shall be
identified and designed to 35% preliminary drawings for the
purpose of preparing a cost estimate, and for presenting to the
City Council, Library Commission and at ARB and HRB Workshops.
In preparation for HRB Workshops, the Consultant shall retain a
historic building professional approved by the City to assist
with historical review process. At minimum for preliminary
design submittal, layout plans, elevations, cross-sections,
building systems design,¯ foundation plans, and site improvement
drawings shall be submitted.
Deliverable:
Final report with cost estimates and summary of key points
and recommendations of all evaluations and studies in Tasks
A, B, and C - Seven (7) copies
Project program scope - Five (5) copies
35% design documents - Five (5) half size drawings and~two
(3) full size
Task E: CONSTRUCTION DOCUMENTS
Further develop architectural and engineering criteria.from
preliminary design to final construction plans and
specifications to implement the upgrade and rehabilitation
improvements. Finalize the design including temporary
relocation and phasing plans approved by the Council, ARB, HRB,
and the City staff. Construction documents shall be submitted
to the City at 65%, 90% and 100% completions. The Consultant
shall be responsible for submitting the final construction
documents to the Building Department to secure a building
permit. Permit fees shall be paid by the City but the permit
cost shall be included in the project cost estimation. The
Consultant shall be responsible for the following, but not
limited to:
CITY OF PALO ALTO CONTRACT NO. C07117374
Scope of Services
Exhibit A
Page 8 of 13
-Verifying final project scope with the City and discuss
budget issues.
-Prepare drawing sheets for all levels of trades and provide
detail cuts to locate appropriate repair.
Prepare technical specifications required to complete this
work. These specifications shall include the front end of
the specification (i.e., Bid Forms, General Conditions,
General Requirements, etc.) so that Construction Documents
may be submitted for the bid process. Anticipate using the
City’s standard front end specifications, including General
Conditions.
-Required construction controls shall be included in these
documents.
-Incorporate landscaping improvement design into .the
construction document set.
Before 65% submittal, the Consultant shall meet with the City to
develop specific project requirements for construction,
temporary facilities, phasing and safety. It will be important
that these items are reviewed prior to Construction Document
preparation and specifications development. As part of the
City’s general and special provisions, the following work items
shall be addressed as well:
-Tree Protection
-Prepare required contractor construction sequencing to
minimize disruption to public and staff, the parking and
adjacent buildings.
Review the City’s requirements or concerns that will affect
construction .such as noise restrictions, dust and fume
controls, required construction signage, barricades,
construction safety, etc.
The construction process will have an influence on’ the
neighboring buildings and tenants. The Consultant shall
review all aspects of the construction process to minimize
the potential impact of construction.
Deliverable:
65%, 90% and 100% construction documents - Five (5) half
size drawings and two (3) full size
Guidelines for the construction process such as noise
prevention, phasing, temporary relocation, coordination,
etc
CITY OF PALO ALTO CONTRACT NO. C07117374
Scope of Services
Task F: COST ESTIMATES
Exhibit A
Page 9 of 13
The Consultant shall retain a professional cost estimating firm
to verify and provide construction estimates. The estimating
firm shall verify the cost figures for recommended work in the
final report. With each submittal for the preliminary design
and construction document (35%, 65% and 90% design), the
estimating firm shall provide detailed and itemized cost
estimate for construction and all related work. Ensure that
cost estimates verified and provided are accurate figures based
on local market index, market data, escalation and comparable.
projects. In the past few months, many of the lowest bids for
Public Works Engineering projects in the City have been well
over 30% above the architect’s estimates. Furthermore, since
public library and daycare center projects are sensitive in
nature for dealing with noise, interruptions, safety and
operational needs, construction costs require higher level of
detail and due diligence.
Present cost estimates in detail including all related costs
such as, but not limited to, construction costs, general and
special conditions, contingencies, the City provisions, phasing,
inflation to project construction start, and temporary
facilities and relocations and necessary. During the
preliminary design task, itemize, forecast and summarize all
costs established for the project program in a format suitable
for presentation to the City Council.
The cost estimating firm shall also provide a budgetary figure
on how much it would cost to rebuild the Library and the daycare
center with similar footprint, building type and architecture.
This estimate shall be provided in conjunction with preliminary
design cost estimate for Task D. The purpose of this is to have
a comparison cost study to justify rehabilitation of the
building rather than rebuilding. The estimate can be provided
in cost per square foot basis or in other methods as
appropriate. Comprehensive project budget rebuilding shall
including, but not limited to, all design, soft costs,
contingencies and construction costs, furniture, shelving,
inflation, phasing costs and temporary facility costs
Deliverable:
Construction Cost estimates at 35%, 65% and 90% submittals
- Five (5) copies
CITY OF PALO ALTO CONTRACT NO. C07117374
Scope of Services
Exhibit A
Page I0 of 13
Budgetary cost estimate for rebuilding the entire building
- Five (5) copies
TASK G: PROJECT MANAGEMENT, SCHEDULE AND MEETINGS
Project management shall be an integral part of the Consultant’s
services. The Consultant shall coordinate with the
subconsultants, and City staff and monitor all activities,
schedule, and budgets of the project. The Consultant shall
assist the City in organizing and conduct meetings to coordinate
activities and gather information. The Consultant shall provide
the City with the project schedule and update the City regarding .
the progress on a periodic basis and as needed. Refer to
~Project Schedule Criteria" for critical milestones for general
timeline expected by the City. The Consultant shall keep the
City informed of all potential problems and issues in a timely
manner. The Consultant shall be responsible for the following,
but not limited to:
Advising the City on project management and coordination.
Within 14 calendar days from the issuance of Notice to
Proceed, the Consultant is. required to submit a detailed
project schedule for the design phase identifying each
consultant and subconsultant tasks, milestones, and the
critical path for the City acceptance. During the
preliminary design task, incorporate construction duration
and phasing in the project schedule and submit for review.
Prepare a realistic and attainable schedule for review and
acceptance by the City. A comprehensive project schedule
shall be prepared outlining the proposed timeline of the
project through implementation and occupation. The project
schedule shall be revised with every update to the project
and as required by the City.
The City shall set up the meetings but the Consultant shall
coordinate, chair and prepare agendas and minutes.
The Consultant shall attend meetings and make presentations
to the ARB, HRB, Library Commission and the City Council
for approval of design as necessary. Provide necessary
presentation materials or each meetings.
The Consultant shall be required to actively participate or
present materials at following meetingsduring Phase i:
CITY OF PALO A~TO CONTRACT NO. C07117374
Scope of Services
Exhibit A
Page ii of 13
Project Kick-off Meeting. Meet with the City
representatives to go over scope, approach plan and
schedule of work
Interviews with Facilities Division and Library and daycare
staff.
-Meetings as needed to discuss evaluations, studies,
conceptual plans and sustainable design strategies.
-Meetings as needed to discuss program scope for preliminary
design, final reports and cost estimates
-Meetings as needed to discuss preliminary design submittal
-Three workshop meetings each with HRB and ARB regarding
preliminary design’
Two presentation meetings each to Library Commission,
Planning Commission and the City Council
Meeting to finalize-program scope, budget, schedule and
start construction documents
Five meetings to go over construction document submittals
Meeting to inform and obtain inputs from neighbors
Meeting for building permit issues
Deliverable:
Comprehensive Project Schedule (Seelist below identifying
meetings and attached Project Milestones) - Five (5) copies
Presentation materials for ARB, HRB, Library Commission and
the City Counci!
Agendas, meeting minutes and progress reports
TASK H; REIMBURSABLE EXPENSES
Costs for deliverables for each task shall be separated out
here. Travel expenses for site visits and project meetings
shall be included in Task G and not here in .reimbursable. The
City shall reimburse reimbursable expenses at cost plus 15%.
Expenses for which Consultant shall be reimbursed are:
-Costs of Reproduction for formal submissions.
-Presentation materials.
-Costs of courier services.
All requests for payment of expenses shall be accompanied by
appropriate backup information.
PHASE 2 -CONSTRUCTION ADMINISTRATION
CITY OF PALO ALTO CONTRACT NO. C07117374
Scope of Services
Exhibit A
Page 12 of 13
Fee for this phase shall be negotiated prior to construction.
It is presented herein for information only. The extent of
construction administration services may be consequential to
outcome of design phase.
Task I: CONSTRUCTION ADMINISTRATION
During the construction phase of the project, assist the City in
bidding process, preconstruction meeting, review of submittals
and construction progress, responding to request for
information, preparing change orders, visit site twice monthly
in conjunction with project meetings, signing off on key
construction elements, preparing final punch lists, signing off
on the project, and provide electronic as-build documents. The
Consultant shall provide more frequent on-site observation and
be available for immediate response to contractor and City
questions.
Assistance in the bidding phase shall include, but not limited
to, the following services:
Assist in identifying and soliciting qualified contractors.
Respond to contractor’ s questions during the bidding
process.
-Issue project addenda as necessary.
-Assist and document the pre-bid conference.
-Tabulate .and review contractor bids.
-Provide our comments and recommendations for the award of
contract.
Other construction management assistance shall include, but not
limited to, the following:
-Review contractor submittals, procedural submittals, etc.
-Preparation of bulletins and change orders as necessary to
address changes in the work based on existing conditions.
Attend and document preconstruction meeting with the
Contractor.
Attend and document bi-month progress meetings with
representatives of the contractor to coordinate work and
maintain project communication. This meeting shall be held
in conjunction with the site visits. Minutes with specific
"actions required" shall be issued to help in keeping the
CITY OF PALO ALTO CONTRACT NO. C07117374
Scope of Services
Exhibit A
Page 13 of 13
project on schedule.
Provide periodic review~ of construction with respect to
general conformance to the contract documents. Assist in
observing and recording the restoration work progress and
verify that, in general, the work complies w±th the intent
of the plans and specifications.
Prepare a written report for each site visit. Well
documented field review reports provide a timely written
summary of actions required by the contractor.
Review contractor pay requests. Assist in documentation of
construction quantities where unit pricing is used for each
contractor pay request.
Preparation of a project punch list upon completion of the
work.
Provide electronic file of updated as-built drawings with
one hardcopy.
Construction Phase
-Pre-bid conference meeting
-Preconstruction meeting
-Bi-monthly site visit/construction progress meetings with
the contractor and the City.
-Site meeting to prepare punch list
-Project sign-off
Deliverable:
-Meeting minutes and site visit reports
-Provide electronic file of updated as-built drawings with
one hardcopy.
ADDITIONAL SERVICES
Performance of Additional Services and related fees shall
be negotiated in advance of any work and approved in
writing by the Project Manager. Additional Services may
consist of, but are not limited to, the following:
-Additional meetings the City staff or Advisory Groups
-Additional testing or inspection services requested
required by the City beyond the Scope of Work
or
CITY OF PALO ALTO CONTP~ACT NO. C07117374
EXHIBIT ~B"
SCHEDULE OF PERFORMANCE
CONSULTANT shall perform the Services so as to complete each
milestone within the number of weeks specified below. The time
to complete each milestone may be increased or decreased by
mutual written agreement of the project managers for CONSULTANT
and CITY So long as all work is completed within the term of the
Agreement. CONSULTANT shall provide a detailed schedule of work
consistent with the schedule below within 2 weeks of receipt of
the notice to proceed.
Milestones
Design Phase:
i. Kick-off meeting
2. Complete all evaluations/studies
and draft program scope
3. Complete 35% design drawings
4. City review and revisions
5. Obtain ARB, HRB, and City
Council approval for design
6. 65% Construction Documents
7. 90% Construction Documents
8. Final Construction Documents
9. Obtain building permit
Construction Administration Phase:
i. Begin-construction administration
2. Complete construction administration
Completion
Number of Weeks
from NTP
i0
14
17
23
27
33
-36
48
49
i01
050310
1
CITY OF PALO ALTO CONTRACT NO. C07117374
EXHIBIT ~C"
COMPENSATION
The CITY agrees to compensate the CONSULTANT for professional
services performed in accordance with the terms and conditions
of thisAgreement, and as set forth in the budget schidule
below. Compensation shall be calculated based on the hourly
rate schedule attached as Exhibit C-I up to the not to exceed
budget amount for each task set forth below.
The compensation to be paid to CONSULTANT under this Agreement
for all services described in Exhibit ~A" (~Basic Services")
and reimbursable expenses shall not exceed $272,419.00.
CONSULTANT agrees to complete all Basic Services, including
reimbursable expenses, within this amount. In the event CITY
authorizes any Additional Services, the maximum compensation
shall not exceed $299,661.00. Any work performed or expenses
incurred for which payment would result in a total exceeding.
the maximum amount of compensation set forth herein shall be
at no cost to the CITY.
CONSULTANT shall perform the tasks and categories of work as
outlined and budgeted be!ow. The CITY’s Project Manager may
approve in writing the transfer of budget amounts between any
of the tasks or categories listed below provided the total
compensation for Basic Services, including reimbursable
expenses, does not exceed $272,419.00 and the total
compensation for Additional Services does not exceed
$27,242.00.
BUDGET SCHEDULE NOT TO,EXCEED AMOUNT
Task A
(Structural Systems Analysis)
$17,100
Task B $10,840
(Accessibility Survey and Evaluation)
Task C
(Special Studies)
$52,565
Task D $25,290
(Preliminary Design and Final Report)
Task E
(Construction Documents)
$56,350
Task F
(Cost Estimate)
$13,350
Task G $43,164
(Project Management, Schedule and Meetings)
050310
1
CITY OF PALO ALTO CONTRACT NO. C07117374
Task H
(Reimbursable Expenses)
$12,100
Task I
(Construction Administration)
$41,660
Sub-total Basic Services & Reimbursable Expenses
Additional Services (Not to Exceed)
MAXIMUM TOTAL COMPENSATION
$272,419
$27,242
$299,661.00
REIMBURSABLE EXPENSES
CITY shall reimburse CONSULTANT for reimbursable expenses at
cost plus 10%.Expenses for which CONSULTANT shall be
reimbursed are:
A:Travel outside the San Francisco Bay Area.
B.Costs of printing formal submissions.
C.Courier and long distance telephone charges.
All requests for payment of expenses shall be accompanied by
appropriate backup information. Any expense anticipated to be
more than $i,000.00 shall be approved in advance by the CITY’s
project manager.
ADDITIONAL SERVICES
The CONSULTANT shall provide Additional Services only by
advanced,~ written authorization from the CITY. The
CONSULTANT, at. the CITY’s project manager’s request, shall
submit a detailed written proposal including a description of
the scope of services, schedule, level of effort, and
CONSULTANT’s proposed maximum compensation, including
reimbursable expense, for such services based on the rates set
forth in Exhibit C-I. The additional services scope,
schedule and maximum compensation shall be negotiated and
agreed to in writing by the CITY’s Project Manager and
CONSULTANT prior to commencement of the services. Payment for
additional services is subject to all requirements and
restrictions in this Agreement
050310
2
CITY OF PALO ALTO CONTRACT NO. C07117374
EXHIBIT ~C-I"
HOURLY RATE SCHEDULE
The KPA group
Classification
Principal
Senior Architect/Engineer
Junior Architect/Engineer
CAD
Administration
Hourly Rate
$160 - $185/hr.
$125 - $155/hr.
$90 - $125/hr
$60 - $80/hr.
$60 ~ $70/hr.
050310
CITY OF PALO ALTO CONTRACT NO. C07117374
EXHIBIT ~C-I"
HOURLY RATE SCHEDULE
Glumac
Classification
Principal
Associate Principal
Senior Associate
Associate
Senior Project Engineer
Project Engineer
Senior Design Engineer
Design Engineer
Senior Designer
Designer
CAD Designer
CAD Operator
Word Processor
Clerical
Hourly Rate
$200/hr.
$175/hr.
$150/hr
$125/hr.
$115/hr.
$110/hr.
$105/hr.
$100/hr.
$95/hr.
$90/hr.
$85/hr.
$80/hr.
$65/hr.
$60/hr.
050310
2
CITY OF PALO ALTO CONTRACT NO. C07117374
EXHIBIT ~C-I"
HOURLY P~ATE SCHEDULE
URS
Classification
Vice President/Program Director
Principal Engineer, Scientist, Planner
Senior Project Engineer, Scientist, Planner
Project Engineer, Scientist, Planner
Senior Engineer, Scientist, Planner
Staff Engineer, Scientist, Planner
Senior Drafter/Illustrator
Technical Editor
Project Assistant/Word Processor
Clerical
Rate
$190/hr.
$175/hr.
$155/hr
$130/hr.
$95/hr.
$75/hr.
$90/hr.
$85/hr.
$60/hr.
$50/hr.
3
050310
CITY OF PALO ALTO CONTRACT NO. C07117374
EXHIBIT "C-I"
HOURLY RATE SCHEDULE
Faithful - Gould
Classification
Principal (Director/Vice President)
Manager
Project Manager/Senior Estimator
Cost Estimator
Technical and Professional Staff
Clerical and Administrative Staff
Scheduler (Senior)
Scheduler
Project Control Manager
Hourly Rate
$1SS/hr.
$165/hr.
$150/hr
$135/hr.
$130/hr.
$70/hr.
$160/hr.
$140/hr.
$140/hr.
050310
4
CITY OF PALO A!~TO COI~TRACT NO. C07117374
EXHIBIT "C-I"
HOURLY RATE SCHEDULE
Kellco
Classification
Project Management and Principal Consulting
Building Surveys, Asbestos or Lead
Surveys
Surveys (Holidays)
Air Monitoring
Air Monitoring (Holidays)
XRF Inspection
XRF Inspection (2-person)
XRF Inspection (Holidays)
Certified Industrial Hygienist
Expert Witness (CAC/DHS)
Expert Witness (CIH)
Professional Geologist
Ph.D. Toxicologist
Report Generation
Clerical
Database Creation & Maintenance
Hou_9_~_~Rate
$125/hr.
$90/hr.
$60/hr.
$120/hr
$90/hr.
$120/hr.
$125/hr.
$150/hr.
$200/hr.
$150/hr.
$250/hr.
$450/hr.
$145/hr.
$175/hr.
$90/hr.
$35/hr.
$90/hr.
Other rates
Radon Inspection - single site
Long Specification (CSI Format)
Short Specification - New
Specification - Revision
New
$6OO
$i,000$600
$600
5
050310
CITY OF PALO ALTO CONTRACT NO. C07117374
EX!qIBIT ~C-I"
HOURLY RATE SCHEDULE
Garavaqlia Architecture
Classification
Principal
Senior Project Manager
Designer
Job Captain
Senior Drafter
Intermediate Drafter
Architectural Historian
Architectural Conservator
Administrative Assistant
Hourly Rate
$150/hr.
$130/hr.
$95/hr
$95/hr.
$85/hr.
$80/hr.
$85/hr.
$90/hr.
$50/hr.
050310
CITY OF PALO ALTO CONTP~ACT NO. C07117374
EXHIBIT ~C-I"
HOURLY RATE SCHEDULE
Stockton Associates
Classification
Gloria Stockton, Principal
Technical Assistant
Hourly Rate
$145/hr.
$45/hr.
050310
7
Client#: 467
ACORD,M CERTIFICATE OF
PRODUCER
Dealey, Renton & Associates
P. O. Box 12675
Oakland, CA g4604-2675
510 465-3090 Stefanie Nardelli
INSURED
The KPA Group
300 Frank H Ogawa Plaza #50
Oakland, CA 94612
COVERAGES
KPAGROUP
LIABILITY INSURANCE t07103106DATE’MM’O0’ ’THIS CERTIFICATE IS ISSUED AS A MAlq’ER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
INSURER A: United States Fidelity & Guaranty
INSURER B: American Automobile Ins. Co.
INSURER C: XL Specialty Insurance Co.
INSURER D:
INSURER E;
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
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, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
NSRLTR
A
TYPE OF INSURANCE
GENERAL LIABILITY
A
C
X COM M ERCIAL GENERAL LIAB ILITY
----] CLAIMS MADE ~] OCCUR
GEN’L AGGREGATE LIM ITAPPLIES PER:
~ POLICY ~--~PRO"JECT ~----] LOC
AUTOMOBILE LIABILITY
; ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
X HIRED AUTOS
X NON-OWNED AUTOS
GARAGE LIABILITY
~ANY AUTO
EXCESS LIABILrP(
"-~ OCCUR [~ CLAIMS MADE
~DEDUCTIBLE
RETENTION $
WORKERS COMPENSATION AND
EMPLOYERS’ LIABILITY
OTHER Professional
Liability
POLICY NUMBER
BK01715427
BK01715427
WZP80941957
DPR9415578
)OLICY EFFECTIVEDATE IMM/DD/YY)
01/18/06
01/18/06
07/01/06
02/25/06
=OLICY EXPIRATIONDATE (MM/DD/YY}
01/18/07
01/18/07
07/01/07
02/25/07
LIMITS
EACH OCCURRENCE
FIRE DAMAGE (Any one 5re)
MED EXP (Any one person)
PERSONAL & ADV INJURY
GENERAL AGGREGATE
PRODUCTS -COMP/OP AGG
$1,000,000
$500,000
$10,000
$1,000,000
$2,000,000
$2,000~000
PROPERTY DAMAGE(Per accident)
COMBINED SINGLE LIMIT
(Ea accider~t)$1,000,000
BODILY INJURY
(Per person)$
B(~DILY INJURY
(Per accident)$
$
AUTO ONLY -EA ACCIDENT
OTHER THAN EA ACC
AUTO ONLY:AGG
EACH OCCURRENCE
AGGREGATE
WC STATU-I OTH-X TORY LIMITS I ER
E.L EACH ACCIDENT
E,L DISEASE - EA EMPL OYEE
E,L. DISEASE - POLICY LIMIT
$
$
$
$
~$
,$
$1,ooo,o0o
$1,oo0,ooo
$1 ,ooo,ooo
$2,000,000 per Claim
$2,000,000 Annl Aggr.
DESCRIPTION OF OPERATIONSILOCATIONS/VEHICLES/EXCLUStONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
General Liability Policy excludes claims arising out of the performance of professional
services.
RE: ALL WORK DONE BY OR ON BEHALF OF THE NAMED INSURED
City of Paid Alto, its Council members, officers, agents, and employees
are additional insureds for General Liability per CLBF2240 attached.
CERTIFICATE HOLDER ! { ADDmONALINSURED;INSURERLETrER: CANCELLATION Ten Day Notice for Non-Payment of PrPEIiE]3~
City of PaiD Alto
Purchasing & Contract Admin.
Attn: Jose Arreola
P.O. Box 10250
Paid Alto, CA 94303
ACORD 25-S (7/97)1 of I #M164572
SHOULD ANYOF THE ABOVE DESCRIBED POLICIES BE CANCELLED B EFORE TH E EXPIRATION
DATE THEREOF~ THE ISSUING INSURER WI~X’f~X~ TO MAIL L DAYS WRITTEN
NOTICETOTHE CERTIFICATE HOLDER NAMED TOTHE LEFT--S(
AUTHORIZED REPRESENTATIVE
NMF (~ ACORD CORPORATION 1988
Policy Number: BK01715427
Owners, Lessees or Contractors (Form B)ADDITIONAL INSURED
Change(s) Effective: o2/o3/o6
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT
CAREFULLY. This endorsement modifies insurance policy under the following:
LIABILITY COVERAGE PART:
Name of Person or Organization:
City of Palo Alto
Purchasing & Contract Admin.
Attn: Jose Arreola
P.O. Box 10250
Palo Alto, CA 94303
Schedule
SECTION II - WHO IS AN INSURED is amendec to include as an insured the
person or organization shown in the Schedule, but only with respect to liability
.arising out of "your work" for that insured by or for you.
RE: ALL WORK DONE BY OR ON BEHALF OF THE NAMED INSURED Additional
Insured: City of Palo Alto, its Council members, officers, agents,
and employees
PRIMARY INSURANCE:
IT IS UNDERSTOOD AND AGREED THAT THIS INSURANCE IS PRIMARY
AND ANY OTHER INSURANCE MAINTAINED BY THE ADDITIONAL INSURED
SHALL BE EXCESS ONLY AND NOT CONTRIBUTING WITH THIS
INSURANCE.
SEVERABILITY OF INTEREST:
IT IS AGREED THAT EXCEPT WITH RESPECT TO THE LIMIT OF INSURANCE, THIS
COVERAGE SHALL APPLY AS IF EACH ADDITIONAL INSURED WERE THE ONLY INSURED
AND SEPARATELY TO EACH INSURED AGAINST WHOM CLAIM IS MADE OR SUIT IS
BROUGHT.
CL/BF 22 40 03 95
EXHIBIT "E"
Certification 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,-
national origin, ancestry,disability, or sexual preference; that they are in compliarl’ce with all
Federal, State and local directives and executive orders regarding nondiscrimination in
employment.
1. If Proposer is INDIVIDUAL, sign here:
Date:
Proposer’s Signature
Proposer’s typed name and title
If Proposer is PARTNERSHIP or JOINT VENTURE, at least (2) Partners or each of the
Joint Venturers shall sign here:
Partnership or Joint Venture Name (type or print)
Date:
Member of the Partnership or Joint Venture signature
Date:
Member of the Partnership or Joint Venture signature
3. If Proposer is a CORPORATION, duly authorized officer(s) shall sign as follows:
The undersigned certify that they are respectively:
Title Title
Of the corporation named below; that they are designated to sign the Proposal Cost Form¯
by resolution (attach a certified copy, with corporate seal, if applicable, notarized as to its
authenticity or Secretary’s certificate of authorization) for and on behalf of the below named
CORPORATION, and that they are authorized to execute same for and on behalf of said.
CORPORATION.
The KPA Group
Corporation ~.e...me (~.pe or print)
.-~’By:/ " / / . ’,,Date:..
By: t~ Y,//~, v v ~l’"---’--~Date:
06/14/06
06/14/06
State of CaliforniaCounty of Alameda
Subscri,, ,b~:l and sworn .to (,or_affirmed) before, me on
iR~rsonalty known to me or proved to me on ~e
I:~si$ of satisfactory evidence to be 81e person(s)
who appeared before me.
Signature~~
Title: ~/~,r~ ~
City Of Palo Alto - RFP 117374