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HomeMy WebLinkAboutStaff Report 303-07TO: FROM: DATE: SUBJECT: HONORABLE CITY COUNCIL CITY N~AGER ffULY 23, 2007 APPROVAL OF A COWfRACT DEPARTMENT: PUBLIC WORKS CMR:303:07 ~VITH KITCHELL CEM IN THE AMOUNT OF $147,684 FOR UPDATE OF THE INFtL~kSTRUCTURE MANAGE!~ENT PLAP~ BUILDING MODULE, CAPITAL IMPROVEMENT PROGRAM PROJECT PF-04001 RECO1V~C£ENDATION Staff recommends that Council: Approve and authorize the City Manager or his designee to execute the attached contract with Kitcheil CEM in the amount of $147,684 for update of the Infxastructure Management Plan Building Module. Authorize the City Manager or his designee to negotiate and execute one or more change orders to the contact with Kitchell CEM for related, additional but urfforeseen work. which may deve!op during the project,, the total value of which shall not exceed $20,000. DISCUSSION In Fiscal Year (FY) 1995-96, the City retained Adamson Associates, Inc. to assess the condition of City facilities and to determine *,he cost to repair or replace existing infrastructure. Adamson Associates, Inc. prepared an infrastructure report which is referred to as the Infrastructure Management Plan (IMP) - Building Module. Work valued at greater than $25,000, necessary to maintain existing facilities in good condition, was included in the report. Facilities to be considered for replacement were noted in the executive summary. The IMP, which has been the basis for the capital program since 1999, is now outdated and requires condition assessments and costs to be revised. Staff is in the process of updating the cost to repair or replace all City owned infrastructure and is conducting the process in a phased approach with several different modules. Phase !, the Parks Module, was updated by staff in FY 2005-06. Phase II, the Building Module Update, is to be completed under this contract and is for work that had started prior to the 2007- 09 proposed budget hearings. During the Finance Committee proposed budget hearings, the Committee requested that staff come back to the Committee with a layout of the Infrasmlcture Management Plan Update to provide input into the components included. Staff will return to the Finance Committee in the September/October timeframe with the proposed layout plan for the remainder of the modules. CMR:303:07 Page 1 of 3 Scope of Services Description Consultant services under this contract include assessment and reporting on i~_frastructure components for desig-nated facilities. City facilities currently owned and maintained by the City are included (Attachment B). Facilities with combined repair costs under $25,000, and leased facilities maintained by the tenant are not included. The consultant will assess and report on the condition and remaining useful life of each major infrastructure component. The report will address functional replacement of building systems and components, not operational upgrades - such as tenant improvements. The report wil! indicate the prioritized list of bacNog and projected infrastructure replacement and maintenance items, and cost estimates to repair or replace infrastructure components. Cash flow projections will be provided which show expenditures required over the next 10 years with an escalation factor applied for that period. For the !0-20 year period, major components will be shown, but detailed costing will not be provided. Summary_, of Solicitation Process A Request for Proposal (RFP) for the update of the Infrastructure Management Plan Building Module was posted on the City website and sent to three consulting fu’ms on April 3, 2007. Firms were given 21 days to respond to the request. A pre-proposal meeting was held on April 11, 2007; seven firms attended the meeting. A total of seven firms submitted proposals. Proposals ranged from $97,905 to $998,900. Proposal Description/Number Proposed Length of Project Number of Propos,als Mailed ~otat Days to Respond to, Proposal Pre-proposal Meeting Date Number of Company Attendees at Pre.~proposal Meeting ................. Number of Proposals Received: Company Name 1. EMG 2. GROSSMAN ..... 3. AECOM MJM 4.KITCHELL CEM 5.~C ARCHITECTS 6.VFA 7. .... ......Range of 8.bmi~ed General Building Study PF-04001 6 months 3 21 April 11, 2007 7 Hunt Valley, MD .... San Francisco, CA San Francisco, CA Sacramento., CA Emeryville, CA Boston, MA San Jose, CA $97,905 to $998,900 Location (City, State~Selected interview? Yes No No Yes No Yes for oral An evaluation committee, consisting of staff from the Public Works Department Facilkies Division and the Administrative Services Department Budget Division, reviewed the proposals and three Krms were invited to participate in oral interviews on May 23, 24 and 30, 2007. The committee reviewed each firm’s qualifications and submittal in response to the RFP relative to CMR..~O~.07 Page 2 of 3 the following criteria: qualifications of principals and staff, experience on sirnilar projects, cost effectiveness for projects of this size, and understanding of the scope of work. Kitchel! CEM was selected for the capability and experience of staff assigned, and experience ,Mth s~ilar projects. RESOURCE II~IPACT Funds for this project are available in Capital Improvement Program Project PF-04001, Genera! Building Study. POLICY IMPLICATIONS This recommendation does not represent any change to existing City policies. ENWIRONMENTAL REVIEW This is not a project under the California Environmental Quality Act. ATTACHMENTS Attachment A: Contract (including Scope of Services and Certification of Nondiscrimination) Attachment B: Building List PREPARED BY: DEPARTMENT HEAD: CITY MANAGER APPROVAL: K_A_REN SMITH Maqager, Facilities GLENN ROBERTS Director of Public Wor~-----... EMm’ SO , Assistant City Manager Projects CNIR:303:07 Page 3 of 3 ATTACHMENT A CITY OF PALO ~LTO CONTRACT NO.C08117187 AGREEMENT BETWEEN THE CITY OF P~O ALTO AND EITCHELL CEM FOR PROFESSIONAL SERVICES Infrastructure Management Plan: Building Module Update CIP PF-0400! This AGREEMENT is entered into , by and between the CITY OF PALO ALTO, a California Charter City and a municipal corporation of the State of California ("CITY"), and KITCHELL CEM, an Arizona corporation, located at 2750 Gateway Oaks Drive, Suite 300, Sacramento, CA 95833 ("CONSULTANT"). RECITALS The following recitals are a substantive portion of this Agreement. A. CITY intends to update the Building Module of an existing Infrastructure Management Plan (~Project") and desires to engage a consultant to prepare an infrastructure management plan 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 shal! perfo_~-m the Services described in Exhibit ~A" in accordance with the terms and conditions contained in this Agreement. The performance of al! Ser%~ices shall be to the reasonable satisfaction of CITY. SECTION 2. TERM. The term of this Agreement shall be from the date of its ful! execution to upon completion of the services in accordance with the schedule of performance attached as Exhibit "A", unless terminated earlier pursuant to Section 20 of this Agreement. 1 050310 SECTION 3. SCHEDLV~E OF PERFORHTuNCE. Time is of the essence in the perfo_rmance of Services under this Agreement. CONSULTanT shall complete the Services within the term of this Agreement and in accordance with the schedule set forth in Exhibit ~A", 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 shal! 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 One Hundred Forty Seven Thousand Six Hundred Eighty Four Dollars ($147,684). In the event Additional Services are authorized, the total compensation for services and reim~ursab!e expenses shal! not exceed Twenty Thousand Dollars ($20,~000) . The applicable rates and schedule of payment are set out in Exhibit ~B", entitled "COMPENSATION," which is attached to and made a part of this Agreement. Additiona! Services, if any, shall be authorized in accordance with and subject to the provisions of Exhibit ~B". CONSULTANT shall not receive any compensation for Additiona! Services performed without the prior written authorization of CITY. Additional Sea--vices shal! 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 "B"). If applicable, the invoice shall also describe the percentage of completion of each task. The information in CONSULTANT’s payment requests shal! be subject to verification by CITY. SECTION 6. QUALIFICATIONS/STANDARD OF CA,RE. A!l of the Services shall be performed by CONSULT~!qT or under CONSULTANT’s supervision. CONSULTANT represen%s that it possesses the professiona! and technical personnel necessary to perform the Services required by this Agreement and that the personnel have sufficient skil! 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 al! licenses, permits, qualifications, insurance and approvals of whatever nature that are legally required to perform the Se~vices. 2 050310 Al! of the se~ices to be furnished by CONSULTANT under this agreement shall meet the professiona! standard and quality that prevai! 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 shal! keep itself informed of and in compliance with all federa!, state and loca! 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 procure all permits and licenses, pay all charges and fees, and give all notices required by law in the performance of the Services. CONSULTg!qT 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. SECTION 9. 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 emp!oyee 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 wil! be responsible for emp!oying or engaging all persons necessary to perform the Services. All contractors and emp!oyees of CONSULTANT are deemed to be under CONSULTANT’S exclusive direction and contro!. CONSULTANT shal! be responsible for their performance. SECTION I0. 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 3 050310 manager. Consent to one assignment will not be deemed to be consent to any subsequent assignment. ~y assignment made without the approval of the city manager will be void. SECTION iI. SUBCONTRACTING. CONSULTANT shall not subcontract any portion of the work to be performed under this Agreement without the prior written authorization of the city manager or designee. SECTION 12o PROJECT MANAGEMENT° CONSULTANT will assign Douglas Lovell as the project director to have supervisory responsibility for the performance, progress, and execution of the Services. If circumstances or conditions subsequent to the execution of this Agreement cause the substitution of the project director 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, shal! 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 Smith is designated as the project manager for the CITY. 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 13. DUTIES of C!TY. To assist CONSU-mTANT in the performance of the Services, CITY wil! 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 14. OWNERSHIP OF MATERIALS. All drawings, plans, reports, specifications, calculations, documents, other materials and copyright interests deve!oped 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. SECTION 15. AUDITS. CONSULTANT will permit CITY to audit, at any reasonable time during the term of this Agreement and for three (3) years thereafter, CONSULT.ANT’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 050310 expiration or earlier termination of this Agreement. SECTION 16. INDEMNITY. To the fullest extent permitted by law, CONSLVmTANT shal! 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 al! 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. 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 16 shall survive the expiration or early termination of this Agreement. SECTION 17o 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. SECTION 18o INSURANCE. 18.1.CONSULTAh~, at its sole cost and expense, shal! obtain and maintain, in full force and effect during the term of this Agreement, the insurance coverage described in Exhibit "C". CONSULTANT and its contractors, if any, shall obtain a policy endorsement naming the City of Pa!o Alto as an additiona! insured under any general liability or automobile policy or policies. 18.2.All insurance coverage required hereunder shall be provided through carriers with Best’s Key Ratinq 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, identical insurance coverage, naming CITY as an additional insured under such policies as required above. Certificates evidencing such insurance shall be 050310 filed with CITY concurrently with the execution of this Agreement. The certificates will be subject to the approva! of CITY’s Risk Manager and will contain an endorsement stating that the insurance is primary coverage and will not be canceled, or materia!ly 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. 18.4.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 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 19o 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. SECTION 20. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES. 20.1.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. 20.2.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. 20.3.Upon such suspension or te~-mination, 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 wil! become the property of CITY. 050310 20.4.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 20.5. 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 21. NOTICES. All notices hereunder will be given in writing and mailed, postage prepaid, by certified mai!, addressed as fol!ows: 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 SECTION 22.CONFLICT OF INTEREST 22.1.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. 22.2.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 emp!oyee of CITY; 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. 22.3.If the Project Manager determines that CONSULTANT is a "Consultant" as that term is defined by the Regulations of the Fair Politica! Practices Commission, CONSULTANT shall be required and agrees to file the appropriate financial disclosure documents required by the Palo Alto Municipal Code and 7 050310 the Political Reform Act. SECTION 23° NO.NDiSCRIMINATIONo As set forth in Pa!o Alto Municipal Code section 2.30.510, CONSULTANT agrees that in the performance of this Agreement, it shall not discriminate in the emp!oy~ent of any person because of the race, skin color, gender, age, religion, disability, national origin, ancestry, sexual orientation, housing status, marita! 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, including completing the form furnished by CITY and set forth in Exhibit "D". SECTION 24.MISCELLANEOUS PROVISIONS. 24.1. This Agreement will be governed by the laws of the State of California. 24.2.In the event that an action is brought, the parties agree that tria! 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. 24.3.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. 24.4.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. 24.5.The covenants, terms, conditions and provisions of this Agreement will apply to, and wil! bind, the heirs, successors, executors, administrators, assignees, and CONSULTANTs, as the case may be, of the parties. 24.6.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. 24.7.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 8 050310 this Agreement and will be deemed to be a part of this Agreement. 24.8.This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipa! Code. This Agreement will te_~minate 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 !onger available. This Section 24.8 shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Agreement. 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:Kitche!l Senior Asst. City Attorney APPROVED: CITY OF PALO ALTO Assistant City Manager Director of Administrative Services By: Name: Title : (If or Vice-Presid~ ~t) By . (If corporation: Secretary or T~easurer) Taxpayer Identification No. (Compliance with Corp. Code § 313 is required if the entity on whose behalf this contract is signed is a corporation. In the alternative, a certified col-p, orate resolution attesting to the signatory authority of the individuals signing in their respective capacities is acceptable) Attachments: Exhibit A - Scope of Services/Tasks/Schedule Exhibit B - Compensation Exhibit C - Certificate of Insurance Exhibit D - Nondiscrimination Form 050310 EXHIBIT A: SCOPE OF SERVICES A~,N~D TERM_ I.INTRODUCTION The City contracted for development of an infrastructure management plan (5M2) in 1995-96. The IMP provides information to proactively plan for and finance the replacement and repair of critical infrastructure components. It is used to prepare the 5 year Capital Improvement Pro~am (CIP) and to provide a long term financial projection of capita! need associated with infrastructure components. Consultant shall work with the Public Works Department, Facilities Management Division, and Administrative Services Department, Budget Division to update the Building Module of the existing Infrastructure Management Plan. 12. SCOPE OF WORK A. General Consultant shall review all available information provided for the building and building systems and shall perform a thorough evaluation of their condition, remaining life of all components, and costs to repair or replace. Consultant shall provide a report for City’s use in long term capital plarming and financial forecasting. Consultant shall also develop benchmark information regarding maintenmn_ce effort and cost to maintain the number and type of facilities listed for long term planning of the operating budget. A list identifying the City’s buildings and their locations is attached. Consultant shall inventory all infrastructure components for all buildings identified. The existing condition and remaining useful life will be determined for each item. A report will be provided identifying the condition assessment for each facility. The inventory results wit1 be entered into the computerized data base that will be the basis for an analytical study. A database analysis will be performed to determine the existing replacement and maintenance backlog based on the condition assessment, industry replacement standards and industry maintenance standards. A report will be prepared identifying a recommended prioritized list of backlog infrastructure replacement and maintenance items with costs. The report shall include an executive SUlIm~ary. B.Tasks The Consultant’s scope of work shall include the following: Review all available plans and documentation provided by the City. Perform a field investigation of existing facilities and a condition assessment. Provide condition assessment report. 3.Attend meetings with the City’s Project Manager and other City representatives Page 1 of 4 t~hroughout the project as required. Estkmate the remaining useful life of each component with an aggregate value over $25,000 for each facility. Identify replacement schedules for each infrastructure component. Determine a method for setting priorities and identifying the costs related to the maintenance and replacement of each infrastructure component identified in the study. Determine an annual expenditure to accommodate future capital replacement. o Consultant shall consider the impact of all applicable codes, laws and regulations including, but not limited to, the Uniform Buirding, Mechanical, Plumbing, Electrical, Fire Codes and Title 24 upon the cost and scope of work. Consultant shall address this issue in the report. Using indush-’y standard benchmark data, consultant shall provide maintenance guidelines for number of staff, type of staff, projected operating budget for maintenance of listed facilities. This shall include all non-capital costs. o First Preliminary Report - Submit draft report including data for approximately five buildings to City for review and comment. Provide preliminary report to staff for review of the document content and form. This report will be submitted to the CIP Screening Committee for review and comment. o Second Preliminary Report - Each building report shall include a building summary, condition assessment sheets, cost summary, planning page with costs shown in 1-2 year, 2-5 year, 5-10 year, and 10-20 year format. Costs in the 10-20 year columns will address major building components only. An executive summary report, which shall be presented to Council, shall also be provided. 9.Meet with City staff as required throughout the project. t0.The consultant may be required to present report to Executive Staff, Council, or the Finance Committee. Provide exhibits to aid in communication of the project concepts at public meetings. Note: Krequired, this item will be additional services work. 11.Final Report: Provide a final report to the City indicating concurrence and/or exceptions to the comments received during City review of the preliminary reports. 12.Provide the City with the final IMP report in electronic format including any documentation (such as reference materials, etc). Train City staff on use of the software including the ability to access/change the report format, escalation figures, etc. KI. II~rFORMATION TO BE PROVIDED BY THE CITY The City of Palo Alto shall provide all available information as requested including the- Page 2 of 4 following: B. C. D. E. F. G. Preventative Maintenance Procedures for City Buildings. Facilities Space Inventory. Roof Replacement Schedule. Painting Schedule. Building History Files. List of City Facilities to be included in the study. Electronic version of existing IMP report. The following items are identified as deliverables to the CITY: 1.Report documenting the findings and recommendations resulting from Task 2. Preliminary reports as described in Tasks 7 and 8 (Provide one soft copy and two hard copies). For second preliminary report, also provide 15 hard copies of executive summary. 3.~ software and documentation. Final report (Provide one soft copy, two sets of hard copy reports, and five executive summaries. Consultant shall provide report using MS Excel. The City shall have the ability to manipulate the IMP database to provide management reports in a variety of formats, especially for scenario building. In addition, City staff shall have the ability to change assumptions on the software such as the Consumer Price Index, applicable interest rate and anticipated useful life. The system should accommodate both the capital financial requirements and the maintenance history requirements of the IMP. Documentation for the IMP software shal! be provided. V. PROJECT ADMINISTRATION Karen Smith, Manager of Facilities Maintenance and Projects, will act as Proj ect Manager, and will be the point of contact throughout the project. Padam Chaobal will act as Project Engineer, (650) 496-6939. All questions, correspondence and invoices will be addressed to the Project Manager at City of Palo Alto, Facilities Management Division, P.O. Box 10250, Palo Alto, CA, 94303, phone (650) 496-6973, fax (650) 496-5938. VI. TERM The selected Consultant shall complete all services within 180 calendar days after issuance of the Notice to Proceed. This time frame shall include all City reviews. The approximate schedule for Page 3 of 4 performance of~e services on the identified project is as follows: 90 calendar days Obtain all basic data. Perform study, submit condition report, and first and second preliminary report for review by City staff and CK~ Screening Commi~ee. 14 calendar days Revise preliminary reports to reflect City staff input and submit final report. 14 calendar days Amend the final report if necessary as a result of City Council and Finance Committee input. Provide software and completed database and assist in setup. Page 4 of 4 EXHIBIT B - COMPENSATION Basic Services The basic services fee for the Infrastructure Management Plan Update shal! include all ConsuItant costs necessary for providing the desired services including sub-consultant costs, reimbursables, meetings, and documents. Reimbursables shal! include all expenses such as travel, mileage, hotels, meals, insurance, document reproduction/printing costs, mail and courier serv-ices. Consultant shall provide all basic services for a not-to-exceed fee of one hundred forty seven thousand six hundred eighty four dollars ($147,684). Additiona! Ser~,ices Consultant shal] be paid on a time and material basis according to the standard fee schedule rates below should any work be requested by the City which falls outside the basic services of this project. All additional services work must be authorized in advance in writing by the City’s Project Manager prior to accomplishment of the work. Hourly Rates for calendar year 2007 EAS Manager $165 Scheduling Manager $135 Estimating Manager $130 Senior Architect $130 Senior Civic Engineer $130 Senior Structural Engineer $130 Senior Mechanical Engineer $130 Senior Electrical Engineer $130 MechanicalfEtectrical Engineer $115 Registered Architect $115 Planner $100 Senior Estimator $130 Estimator $84 Scheduler $84 Clerical Support $65 Page 1 of 1 Exhibit C INSURANCE REQUIREMENTS CONTRACTORS TO THE CITY OF PALO ALTO (CI-FY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITH A BEST’S KEY RATING OF A-:VII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA. ~)~ARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AS SPECIFIED, BELOW: MINIMUM LIMITS REQUIRED TYPE OF COVERAGE REQUIREMENT EACH OCCURRENCE AGGREGATE YES WORKER’S COMPENSATION YES AUTOMOBILE LIABILITY YES YES COMPREHENSIVE GENERAL LIABILITY, INCLUDING PERSONAL INJURY, BROAD FORM PROPERTY DAMAGEBLANKETCONTRACTUAL, AND FIRE LEGALLIABILITY COMPREHENSIVE AUTOMOBILE LIABILITY, INCLUDING, OWNED, HIRED, NON-OWNED PROFESSIONAL LIABILITY, INCLUDING, ERRORS AND OMISSIONS, MALPRACTICE (WHEN APPLICABLE), AND NEGLIGENT PERFORMANCE NO STATUTORY STATUTORY BODILY INJURY PROPERTY DAMAGE BODILY INJURY & PROPERTY DAMAGE COMBINED. BODILY INJURY EACH PERSON EACH OCCURRENCE PROPERTY DAMAGE BODILY INJURY AND PROPERTY DAMAGE, COMBINED ALL OAMAGES $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000.000 $1,000,000 $1,000,000 S1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 YES THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: PROPOSER, AT ITS SOLE COST AND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY PROPOSER AND ITS SUBCONSULTANS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’ COMPENSATION, EMPLOYER’S LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSURES CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES. II. INSURANCE COVERAGE MUST INCLUDE: A.A PROVISION FOR A WRITTEN THIRTY DAY ADVANCE NOTICE TO CITY OF CHANGE IN COVERAGE OR OF COVERAGE CANCELLATION; AND B.A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONTRACTOR’S AGREEMENT TO INDEMNIFY CITY - SUBMIT CERTIFICATE(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE, OR COMPLETE THIS SECTION AND IV THROUGH V, BELOW. A.NAME AND ADDRESS OF COMPANY AFFORDING COVERAGE (NOT AGENT OR BROKER): B.NAME, ADDRESS, AND PHONE NUMBER OF YOUR INSURANCE AGENT/BROKER: C.POLICY NUMBER(S): City of Palo Alto -Page 1 of 2 Exhibit C ~NSURANCE REQUIREMENTS D.DEDUCTIBLE AMOUNT(S) (DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITY’S PRIOR APPROVAL): !V. Vo AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AND PROPOSER’S SUBMITTAL OF CERTIFICATES OF INSURANCE EVIDENCING COMPLIANCE WITH THE REQUIREMENTS SPECIFIED HEREIN. ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO "ADDITIONAL INSURES" A.PRIMARY COVERAGE WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSURES. B.CROSS LIABILITY THE NAMING QF MORE THAN ONE PERSON, FIRM, QR CORPORATION AS INSURES UNDER THE POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING QF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY. C.NOTICE OF CANCELLATION 1.IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER THAN THE NON-PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. 2.IF THE POLICY tS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. PROPOSER CERTIFIES THAT PROPOSER’S INSURANCE COVERAGE MEETS THE ABOVE REQUIREMENTS: THE INFORMATION HEREIN IS CERTIFIED CORRECT BY SIGNATURE(S) BELOW. SIGNATURE(S) MUST BE SAME SIGNATURE(S) AS APPEAR(S) ON SECTION II, ATTACHMENT A, PROPOSER’S INFORMATION FORM. Firm: Signature: Name:(Print or type name) Signature: Name:(Print or type name) NOTICES SHALL BE MAILED TO: PURCHASING AND CONTRACT ADMINISTRATION CITY OF PALO ALTO P.O. BOX 10250 PALO ALTO, CA 94303. City of Palo Alto -Page 2 of 2 EXHiBiT D Certification of Nondiscrirnin~tion 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 of any person because of race, skin color, gender, age, religion, disability, national odgin, ancestry, sexual orientation, housing status, marital status, familial status, weight or height of such person; that they are in compliance with all Federal, State and local directives and executive orders regarding nondiscrimination in employrnent. 1.If Proposer is INDIVIDUAL, sign here: Date: Proposers 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 Member of the Partnership or Joint Venture signature Date: 3.If Proposer is a CORPOP, AT~ON, the duly authorized officer(s) shall sign as follows: The undersigned certify that they are respectively: Engineering and Architectural Services Manager and Title Title n/a 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 CORPORATIC~N, and that they are authorized to execute same for and on behalf of said CORPORA~IC/N.,Kit~h~tll CEM By:April 23, 2007 By: Date: ering and Architectural Services Manager Date: Title: City of Palo Alto - RFP 1 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 291 ~8 ~9 40~ 4] 42 4~ 44 45 46 48 Attachment B ,,Bui,,!ding/Facili~ Name iAnimal Serv. Kitchen / Kennels/Storage Animal Serv. Euthanasia Bldg. Animal Serv. Office / clinic !Ba, ylands Athletic Center Grandstand Baylands Athletic Center Restroom Baylands Interpretive ,Center I Children’s,,,Library Children’s Theatre/Boy Scouts ...... Civic Center Office Building Civic Center Office Building Public Parking College Terrace Li,brary/Childcare Community Theatre and Scene Shop Cubberley Community Center Bldgs. MULTIPURPOSE WING S-WING T-WING V-WING U-WING MUSIC/THEATRE WING A-WING B-WING C-WING D -W I N G E-WING F-WING FH-WING H-WING PAVILION BOYS & GYRLS GYM I-WING J-WING K-WING L-WING P-WING Art Center Downtown, Lib’rary ...... , .... El Camino Park Rest Room Fire Stat!,o.n ~,~, (University Park) Fire Station #2 (Mayfield) Fire Station #3 (Ri,.nc0,nada) Fire Station #4 (Mitchell Park) Fire Station #5 (A[astradero) Fire Station #8 (E0othitls) Footh!,lls Park Interpretive Center Foothills Park Lake Restroom Foothills Park"Orchard Glen Restrooms Foothills Park Equipment’& Storage Building Garage Foothills Park Shop/Maintenance Building,,, 5~ 5~ 54 55 57 58 5g ~0 ~7 ~8 7O 74 76 78 7g 80 81 82 84 8~ Golf Course - P~o Shop/Hofbrau G0[f Course" Maintenance Shop ...... Golf Course offic#/E, mp,,. Facil’ity/Equip. F~’C. Golf Course Storage ..... Greet Park Restroom ,Baylands""Ranger Station ..... Jr. Museum Jr. Museum Zo’~ Structures Lucie Stern Comm#ni,~y Center ....... , ....... Main Library ................ Mitchell Park Library Mitchell Park Community,.,,Center ..... Mitchell Park Tennis Center Restroom Mitchell Park Clubhouse Restroom Mitchell Park Storage - Pool and Pool Fi,,!ter Facility Muni~i’pal Sep~ice Center- Building A Municipal Service Center - Building B Munic!pa!,,,,Service Center- Building C MSC Scada Bui!ding .... .... Parking Lot J Parking Lot Q ........ Parking Lot R Parking Lot S/L ..... Ted Thompson Parking Garag~ Cambridge Parking Facility Peers Park Clubhouse and Restroom Rinconada Park Restroom Rinconacla Park Snack Bar/Swim Club Facility ........ Rinconada Po0i" Shower/Office~Equip Facility Ventura Childcare Unit #1 Office Ventura Childcare Unit #2 Ventura Childcare Unit #3 Ventura Childcare Mu,,!,tipurP0se Unit ’Lawn Bowl Clubhouse "Senior Center !Senior C~nt~r Garden room .......... !Stanford Playing Fields Snacks/RR Bldg. IArastr~dero Gateway Facility ....