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HomeMy WebLinkAboutStaff Report 304-07Rep r TO:HONOR.~BLE CITY COUNCIL FROM:CITY MANAGER DEP?~RTMENT: PUBLIC WORKS DATE:JULY 30, 2007 CNIR:304:07 SUB3-ECT:APPROVAL OF CONTRACT WITH THE KPA GROUP IN THE AMOUNT OF $98,690 FOR DESIGN SERVICES FOR THE FIRE STATIONS 5 AND 8 IMPROVEMENTS PROJECT -CAPITAL IMPROVEMENT PROGRAM PROJECT PF-01004 RECOM]V~NDATION Staff recommends that Council: Approve and authorize the Mayor or designee to execute the attached contract with The KPA Group in the amount of $98,690 for design services related to the Fire Stations 5 and 8 Improvements Project. Authorize the City Manager or designee to negotiate and execute one or more change orders to the contact with The KPA Group for related, additional but unforeseen work which may develop during the project, the total value of which shall not exceed $10,000. DISCUSSION Consultant Services Description As part of the City Works Infrastructure Program, tbSs project will provide design services for necessary repairs to Fire Stations 5 and 8. Repairs to Station 5 include structural reinforcement to resist seismic loading, upgrade of electrical systems, renovation of restroom!shower facility for accessibility, and re-roofing. Repairs to Station 8 include minor structural upgrades and minor interior finishes replacement. The consultant’s services will include preliminary and final design, preparation of construction documents, and construction administrations services. Summary of Solicitation Process Proposal Description/Number 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 Number of Proposals Received: Name/Number of Proposal here 12 months 15 21 June 27, 2006 8 7 CMR:304:07 Page 1 of 3 Company Name Location (City, State)Selected for oral interview? 1. Don Dommer Associates Oakland, CA Yes 2. M~ck!Wallace San Francisco, CA " Yes 3 The KPA Group Oakland, CA Yes 4. Gordon Prill, Inc.Mountain View, CA Yes 5. Gutierrez/Associates Oakland, CA No 6. Glass Architects ’Santa Ros~ CA No 7..bfg.9 Architecture San Jose, ....CA No Range of Proposal Amounts $98,690 $273,880 Submitted A Request for Proposal (RFP) for the Fire Station 5 and 8 Improvements project was posted on the City website and sent to 15 consulting firms on June 9, 2006. Firms were given 21 days to respond to the request. A pre-proposal meeting was held on June 27, 2006; eight firms attended the meeting. A total of seven firms submitted proposals. Proposals ranged from $98,690 to $273,880 for all phases of the consultants’ work. A selection advisory- committee consisting of staff from the Public Works Department-Facilities Management Division and the Fire Department reviewed the proposals and four fn-ms were invited to participate in oral interviews on September 26, 2006. The committee reviewed each firm’s qualifications and submittal in response to the RFP relative to the following criteria: qualifications of principals and staff, experience on similar projects, cost effectiveness for projects of this size, and understanding of the scope of work. The KPA Group was selected for its experience with both architectural and seismic design of this project type. RESOURCE I!ViPACT Funds for this project are available in Capital Improvement Program Project PF-01004, Fire Station Improvements. POLICY IMPLICATIONS This recommendation does not represent any change to existing City policies. ENVIRONMENTAL REVIEW This project is categorically exempt from the California Environmental Quality Act under Section 15301 as an alteration to an existing facility and no further environmental review is necessary. ATTACHMENTS Attachmem A: Contract (includes Discrimination) Consultant Scope of Services and Certificate of Non- PREPARED BY: CMR:~04.07 KAREN SMITH Manager of Facilities Maintenance and Projects Page 2 of 3 DEPARTMENT HEAD: CITY MANAGER APPROVAL: GLENN ROBERTS Director of Public Worl~ Assistant City Manager CMR.~04.07 Page 3 of 3 CITY OF PALO ALTO CONTRACT NO. C08122012 AGREEMENT BETWEEN THE CITY OF PALO ALTO AND KPA GROUP INC. FOR PROFESSIONAL SERVICES (Fire Stations 5 & 8 Improvement Project) This AGREEMENT is entered into , by and between the CITY OF PALO ALTO, a chartered city and a municipal corporation of the State of California ("CITY"), and The KPA GROUP, INC., a California Corporation located at 300 Frank Ogawa Plaza, Suite 50, Oakland, CA 94612 ("CONSULTANT"). RECITALS The following recitals are a substantive portion of this Agreement. A. CITY intends to upgrade Fire Station 5 and Fire Station 8 to meet ADA and seismic requirements ("Project") and desires to engage a consultant to provide architectural design 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. CONSULT.<NT 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 sha!l 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 PERFOR!KA!~CEo Time is of the essence in the performance of Services under this Agreement. CONSULT~nb’T shal! complete the Services within the term of this Agreement and in accordance with the schedule set forth in Exhibit "B", attached to and made a part of this Agreement. ~_ny Services for which times for performance are not specified in this Agreement shal! be commenced and com_m!eted 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 professiona! services and reimbursable expenses, shall not exceed Ninety Eight Thousand Nine Hundred Sixty Dollars ($98,960). In the event Additional Services are authorized, the total compensation for services and reimbursable expenses shall not exceed Nine Thousand Eight Hundred Ninety Six Dollars ($9,896). 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". CONSULT~3~T 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. SECTION 6. QUALIFICATIONS/STANDARD OF CARE. Al! of the Services shal! be performed by CONSULT~_NT or under CONSULTaNT’s supervision. CONSULT.~T represents that it possesses the professional and technical personne! 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 emp!oyees and subconsultants have and shal! 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. Al! of the services to be furnished by CONSULT~i~T 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 shal! keep itself informed of and in compliance with all federal, state and local laws, ordinances, regulations, and orders that maya:~ecu== ~ 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 shal! provide for a completed project that conforms to al! 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, CONSULT~NT shall be obligated to correct any and all errors, omissions or ambiguities 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 shal! 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. 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 CONSULT~’T, 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. Al! contractors and emp!oyees of CONSULTANT are deemed to be under CONSULTanT’S exclusive direction and control. CONSULTanT shal! be responsible for their performance. SECTION Ii. ASSIGNMENT. The parties agree that the expertise and experience of CONSU~TA_NT are material considerations for this Agreement. CONSULT~_NT shall not assign or transfer any interest in this Agreement nor the performance of any of CONSULT~-T’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. CONSULTANT shal! not subcontract any portion of the work to be performed under this Agreement without the prior written authorization of the city manager or designee. CONSULTANT shal! 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 Mathew Inadomi as the project dlrecuo_ to have supervisory responsibility for the performance, progress, and execution of the Services to represent CONSULT~zNT during the day-to-day work on the Project° If circumstances or 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 approva! 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 th_eau to the adecuate 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. Richard Zolezzi 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 14. DUTIES OF CITY. To assist CONSULTanT 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 15. OWNERSHIP OF MATERIALS. 15.1. Al! drawings, plans, reports, specifications, calculations, documents, other materials and copyright interests (including al! copyrightable interests arising under the 1990 Architectura! Works Copyright Protection Act) deve!oped or discovered by CONSULTANT or any other person engaged directly or indirectly by CONSULTANT to perform the se._~-vices required hereunder shall be and remain the property of CITY without restriction or limitation upon their use. Neither CONSULTanT nor its contractors, if any, shal! 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 !5.!., 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. 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 PL~S 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. CONSULTAA~T 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 earlier termination of this Agreement. SECTION 17. INDE~fNiTY. To the fullest extent permitted by !aw, CONSULTANT shal! protect, inde~_ify, defend and hold harmless CITY, its Council members, officers, emp!oyees and agents (each an "Indem~nified 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 !oss, 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 willfu! 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 17 shal! 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. 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, shal! obtain a policy endorsement naming the City of Palo Alto as an additional insured under any genera! liability or automobile policy or policies. 19.2.Al! 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 ful! 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 wil! 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 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, CONSULT.<NT shal! 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 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 ful! and tota! amount of any damage, injury, or !oss 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. CONSLrLTANT, 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 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, CONSULT_<NT 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 shal! deliver to the City Manager immediately any and al! 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 by the City on the Project for a period of 120 days or more then the Project wil! be considered terminated. 21.4.Upon such suspension or termination by CITY, CONSULTANT wil! 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., !0 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 CONSU~T.<NT 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 wil! operate as a waiver on the part of CITY of any of its rights under this Agreement. SECTION 22. NOTICES. Al! notices hereunder wil! be given in writing and mailed, postage prepaid, by certified mail, 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 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 financia! interest under this Agreement is an officer or employee of CITY; this provision wil! 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 Politica! Practices Commission, CONSULTAATT shal! 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 emplo}~ent of any person because of the race, skin co!or, gender, age, religion, disability, national origin, ancestry, sexua! orientation, housing status, marital status, familia! status, weight or height of such person. CONSULTANT acknowledges that it has read and understands the provisions of Chapter 2.28 of the Pa!o Alto Municipal Code relating to Nondiscrimination Requirements and the penalties for violation thereof, and agrees to meet al! requirements of Chapter 2.28 pertaining to nondiscrimination in emp!oyment, including 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. 25.4.This document represents the entire and integrated agreement between the parties and supersedes all prior negotiations, representations, and contracts, either written or ora!. 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 wil! 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 wil! remain in ful! 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 an?" 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 Municipa! 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 fol!owing 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 penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the fol!owing fisca! year, or (b) at an?" time within a fiscal year !n the event that funds are only appropriated for a mortion of the fiscal year and funds for this Agreement are no longer available. The CITY will give CONSULT~IqT written notice within !0 days of this occurrence. This Section 28.8 shal! take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Agreement. IN WITNESS ~YHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement on the date first above written. APPROVED AS TO FOR~<,:KPA GROUP, INC. Senior Asst. City Attorney APPROVED: CiTY OF PALO ALTO Assistant City Manager Director of Administrative Se~¢ices (~f corporation: Secretary mr Treasurer)" Attachments: EXHIBIT EXHIBIT EXHIBIT EXHIBIT ...... EXHIBIT ~’- Taxpayer identification No. {Compliance with Ccrp. Code § 313 is ~mu{ ~=d if the entity om w’~.o== behalf this contract is si~ned is a corporation. In the alternative, a certifi~=d corporate resolution attesting to the s,_gnatory authority of the individuals si~nan~ in zheir resoeczive capacizies is accep~_ab!e) SCOPE OF WORK SCHEDULE OF PER~ORI,’L~!qCE COMPENSAT i ON INSUR_"-iNCE NONDISCRIMINATION COMPLI.’~-_NCE FORM EXIHIBIT A: SCOPE OF PROJECT & TIME SCHEDULE FIRE STATIONS 5 A]>,K) 8 IMPROVEMENTS- DESIGN PHASE CIP PF-01004 I.SCOPE OF SERVICES The Fire Station Improvement project will upgrade Cib; of Palo Alto Fire Station #5 located at 600 Arastradero Road and Fire Station #8 located 3300 Page Mill Road. The scope of work includes seismic upgrades; limited toilet and shower area renovations; interior finishes such as painting, new flooring, and new roofing systems; and path of travel to meet accessibilib, requirements. Specifically excluded from the scope of work at this time are any building additions, HVAC upgrades or increase in electrical service to the buildings(s). Geotec!~ical services, if required, will be provided by the City of Palo Alto. The buildings shall be designed to essential services facilities requirements. Consultant shall work with the Public Works Department, Facilities Management Division, and the Fire Department for development and coordination of the project. The scope of work for Fire Station #5 and equipment bracing includes toilet room upgrades to trleet accessibilib~ requirements; evaluation and upgrade of electrical distribution within the Fire Station; seismic upgrade to essential facility requirements; path of travel from entrance to accessible facilities; interior improvements including interior paint, new flooring, and ceilings; partial re-roof; and repair of dry" rot. The scope of work for Fire Station #8 includes seismic upgrade to essential services facilib,; equipment bracing to meet essential facility requirements; interior improvements to provide dormitory separation for female and male fire fighters, and new carpet. Fire Station #5 will remain occupied during construction. Fire Station #8 is only occupied three (3) months out of the year. The project areas provide critical support for the staff and the public. For these reasons, the project must be accomplished with minimum downtime and minimum disruption to the occupants. Consultant shall provide, with their design, a sequence of work for the contractor to follow so that minimal downtime of all areas and systems is accomplished. Consultant shall propose energy efficient equipment and shall provide life cycle costing for major pieces of equipment to be replaced, and wherever possible, Consultant shall speci~ ’)sustainable" an&!or high efficiency products. Consultant shall prepare design and construction documents (drawings and specifications), cost estimate, and prelimina17 construction schedule or sequence of work. Services shall include assistance during the bid period and construction administration services. Consuitant’s scope of work shall include the following: A.General Page 1 of 4 EXIHIBITA: SCOPE OF PROJECT & TIME SCHEDULE Field investigaion of the project site and all existing conditions that may affect the scope of v,:ork. Review of all available plans and documentation. Work closely with Project Manager to assure the total project cost does not exceed the project budget. Provide cost estimates at 30% 90% and 100% completion in a format Consultant deems appropriate and as acceptable to the City of Palo Alto. Preparation of construction specifications and permit drawings Construction administration during construction phase. (Fee to be negotiated upon 90% completion of design phase.) Preliminary Design Consultant shall review all existing conditions relevant to this project and evaluate the existing structural, electrical, and architectural features of the facilities described above. Consultant shall perform field investigation of the project site and shall review all available plans and documentation. Consultant shall review the Biggs Cardosa seismic report. Seismic upgrade design in this project may implement recommendations contained in the Biggs Cardosa report. Consultant shall provide alternative seismic concept design developed to the level of the Biggs Cardosa Report. Seismic design shall bring facilities up to essential facili~; requirement and shall include bracing of existing equipment to meet essential facili~ criteria. Consultant shall provide conceptual (30%) drawings for Project Manager and Fire Department review and approval, and attend a meeting with Project Manager at the 30% design completion stage. Consultant shall provide a preliminary engineer’s estimate of the construction contact cost for Project Manager’s review and approval at the 30% design stage. Consultant shal! design improvements to conform to all applicable codes, laws and regulations including the Unifo~Tn Building, Mechanical, Plumbing, Electrica! and Fire Codes. Final Design Consultant shall provide progress drawings for Project Manager and Fire Department review and approval, and attend meetings with the Ci~~ at 30%, 90%, and 100% design completion stage, and refine cost estimate based on 90% design drawing. Consultant shall furnish drawings and technical specifications to staff for review Page 2 of 4 EXIHIBIT A: SCOPE OF PROJECT & TIME SCHEDULE and approval at the final design completion stage, and for final review and signing at the bid set design stage. City of Palo Alto shall provide Division 0 and Consultant shall provide Division 1 of the specifications. Final drawings shall be suitable for review by the Building Inspection Division and for signing by the City of Palo Alto. Consultant shall work with the Project Manager to develop a preliminary schedule for the work that minimizes downtime and disruption of occupants and will be signed off by the Project Manager. Consultant shall assist Project Manager to obtain a building permit by furnishing all the necessary drawings and calculations and working with the Planning Department, Building Inspection Division, as required. An a!lowance for two architectural review board meeting is included in the basic scope of services, to review exterior seismic brace design. Biddin~ Period 1.Consultant shall attend a pre-bid conference for interested contractor personnel. Consultant shall assist Project Manager in responding to technical questions from prospective bidders during the bid period. Consultant shall assist Project Manager in responding to technical questions from prospective bidders during the bid period and preparing addenda. Construction Administration Construction Administration services shall be provided by Consultant. Construction Administration Fees shall be based on the final project scope and cost and shall be determined upon completion of the design phase. Fees for this portion of the work shall be awarded at a later date and are not part of the basic services fee listed in Exhibit "B". Consultant shall provide construction administration phase services commencing from the award of the construction contract. Consultant shall provide drawing set for contactor to mark up as record documents. At project completion, contractor will provide record document information for the Consultant to prepare final record drawing. Consultant shall veri~~ the data provided before preparing the record drawing. Record drawing shall be provided in AutoCAD format on a CD, as well as one set of reproducible drawings. Consultant shall attend a pre-construction meeting. Consultant shall attend bi- weekly construction meetings and shall keep meeting minutes. Page 3 of 4 EXIHIBIT A: SCOPE OF PROJECT & TIME SCHEDULE 4.Consultant shall review proposed contractor’s construction schedule. Consultant shall keep an RFI log; submittal log, and respond to clarification requests as required. Submit copies of the information to the Project Manager. Request for Information (RFI) are to be responded to by the Consultant within five working days and sent to the Contractor and Project Manager. At project completion, contractor will provide "as-built" information for the Consultant to prepare final record drawings. II.FINAL Dt~&WINGS AND SPECIFICATIONS A.Proiect Drawings and Specifications Consultant shall prepare one drawing set for each location. Consultant shall submit four (4) sets of project development drawings and specifications during the conceptual and construction documents phase. Upon completion of the final design the Consultant wi!l submit two (2) hard copies of specifications, one (1) set of specifications in electronic version using MS Word format, two (2) sets of drawings for Facilities’ use, complete set of drawings on CD in AutoCAD version R14 or R2000, and five (5) wet stamped drawings per location to the City Building Division. Specifications will include Division 1 provided by the Consultant. No AIA documents will be accepted. Only applicable information shall be included in the Specifications. Drawings shall be on a 24" x 36" sheet size with a scale of 1/4" = 1’. B.Record Drawings Upon completion of the project, and after acceptance by the CiD~, Consultant shall submit to the City one (1) complete set of reproducible record drawings reflecting all as-built conditions as provided by the General Contractor. A complete set of record drawings shall also be submitted to the Project Manager on CD in AutoCAD Version R14 or R2000. III.PROJECT ADMINISTI~&TION Richard Zolezzi, Project Manager, will be the point of contact throughout the project. 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- 6920, fax (650) 496-5938. IV.TIME OF COMPLETION Consultant shall complete all design stage services, inclusive of City of Pa!o Alto review periods, within 100 calendar days after issuance of the Notice to Proceed. Construction Administration services will be scheduled upon award of the construction phase of the project. END OF SECTION Page 4 of 4 EXHIBIT B -FEE SCHEDULE Basic Services The fee for Fire Stations 5 & 8 Improvement Project shall include all Consultant costs necessary for providing the desired services including sub-consultant costs, reimbursables, and meetings. Reimbursables shall include travel, document reproduction costs, mailing and courier services. Construction Administration Fees shall be negotiated at 90% design completion. Travel shall be reimbursed at the City’s current standard rate. Consultant shall provide all basic services for a not-to-exceed fee of ninety-eight thousand six hundred ninety dollars ($98,690). Construction Administration fees shall be determined at 90% design completion. Preliminary Design Final Design Bid!Award Total Not-to-Exceed $30,940 $65,600 $2,150 $98,690 Additional Services Consultant shall be paid on a time mad material basis according to the standard fee schedule rates below should any work be requested by the City which fails 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 accomplisbanent of the work. Hourly Rates for calendar year 2007 Principal Sr. Architect!Engineer Jr. Architect/Engineer CAD Admin $160-$185/hr $125-$155/hr $90-$125/hr $60-$80/N" TBD Page 1 of 1 penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, time within a fiscal year in the. evenh that funds are only -ap~ropriated for a portion of .th~ ~fiscal vear and funds for. this prec@dence in m~th- anv term, cdnditi0n.i or ~p~ov~sg~on Of t-his Agreement. ~sSi~t~0&" "a~ae~a~g to the signato~ ~%t~r!ty. 6Z:i:ghe individuals .Sig~ng Mn " .their~ ;eg~D!~e c<DaC~ties is acceptable) Attachments: EYd4_!B!T "A": EXHIBIT "B": EXHIBIT "C": EXHIBIT "D": SCOPE OF PROJECT & TIME SCHEDULE FEE SCHEDULE CERTiFICiATE OF LiabILITY INSURANCE CERTIFICATION OF NONDISCRIMINATION Client#: 467 CERTiFiCATE PRODUCER Dealey, Renton & Associates P. O. Box 12675 Oakland, CA 94604-2675 510 465-3O90 INSURED The KPA Group 300 Frank H Ogawa Plaza #50 Oakland, CA 94612 KPAGROUP OF LIABILITY INSURANCE {8126/05DATE{MM’DDn~’) THIS CERTIFICATE IS ISSUED AS A MATTER 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. I INSURERS AFFORDING COVERAGE t ~NSURER A:United States Fidelity & Guaranty I ~NSURER B:American Automobile Ins. Co. INSURER C:XL Specialty Insurance Co. INSURER D: ! INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERtOD~NDICATED~ NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT W~TH 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. INSR i TYPE OF INSURANCE i LTR ~ A GENERAL LIABILITY I GEN’L AGGREGATE LIM iTAPPLIES PER: ---~ POLICY ~ X~,PRO" ~’---~ LOCJEOT . , A~OMOBILE LIABILITYANY AUTO HIRED AUTOS NON-OWNED AUTOS i GARAGE LIABILITY~ANY AUTO EX.~C ES S LIABILITY ~ OCCUR ~ CLAit,.,S MAOE ~DEDUCTIBLE RETENTION A POLICY NUMBER BK01715427 8K01715427 WORKERS COMPENSATION AND WZP80931852 EMPLOYERS’ LIABILITY OTHER Professional DPR9406940 Liability POLICY EFFECTIVE POLICY EXPIFLATION DATE {MM/DDfYY)DATE (MM!DD~rf 01118/05 01/18106 01118105 01/18106 07/01/05 07/01/06 02/25/05 02/25/06 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS General Liability policy excludes claims arising out of the performance of professional services. ACTUAL CERTIFICATE WILL BE ISSUED AT THE REQUEST OF NAMED INSURED. LIMITS EACH OCCURRENCE I 51,000,000 FIRE DAMAGE (Any one fire)[ 5500,000 MED EXP (Any one person)i $10~000 PERSONAL & ADV iNJURY 151,000,000 GENERAL AGGREGATE 1521000~000 PRODUCTS -COMPIOP AGG 152,000,000 COMB)NED SINGLE LIMIT 151,000,000(Ea accideni) BODILY INJURY(Per person)$ BODILY INJURY (Per accident) PROPERTY DAMAGE (Per acc~deni)$ AUTO ONLY - EA ACCIDENT OTHER THAN EA ACC AUTO ONLY:AGG EACH OCCURRENCE I $ AGGREGATE X wc STATU. i IOTH-ITORY L MITS {E.L. EACH ACCIDENT I $1,000,000’E%. DISEASE - EA EMPL OYEE151,000,000 E.L DISEASE - POLICY LIMIT ! 51,000,000 $2,000,000 per claim $2,000,000 annl aggr. CERTIFICATE HOLDER I I AD DITIONAL INSURED ;INSURER LETTER: ===SAMPLE CERTIFICATE=== ACORD 25-S (7/97)1 of 1 #M132164 CANCELLATION SHOULD ANYOF TH E ABOVE D ESCRIBEDPOLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3J].--- DAYSWRITTEN NOTICETOTHE CERTIFICATE HOLDERNAMED TOTHE LEFT, BUTFAJLURE TODOSOSHALL IMPOSE NO OBLIGATION OR LtABILITYOF ANY KINDUPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE MNN @ ACORD CORPORATION 1988 EXHIBIT D 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 compliance 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. ~’Date: 06/14/06 B Title: Date: 06/14/06 Ci~ Of Palo Alto - RFP State of CalifomiaCeunty of Alameda ~u. bsc.fibed and sworn, to (%affirme~ before meis ~L~ davof .:_j U~-20o>.b personal{y Known to me or proved to me on’ basis of satisfactory, evidence to be the person(s)who appeared before me. Signature /