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HomeMy WebLinkAboutStaff Report 368-09TO: HONORABLE CITY COUNCIL FROM: CITY MANAGER DEPARTMENT: PUBLIC WORKS DATE: SEPTEMBER 14, 2009 CMR:368:09 REPORT TYPE: REPORTS OF OFFICIALS SUBJECT: Update on Measure N Library Bond Measure Projects; Adoption of a Budget Amendment Ordinance in the Amount of $109,041 for Temporary Library Facilities; Approval of a Contract with Turner Construction Company, Inc. in the Amount of $138,198 for Construction Management Services for the Mitchell Park Library and Community Center and the Downtown Library and Approval of Amendment No.1 to Contract C09130744 with Group 4 Architecture to add $92,034 for a Total Not to Exceed Amount of $3,919,324 for Measure N Library Projects-Capital Improvement Program Projects PE-009006 and PE-09005, PE-09010 EXCUTIVE SUMMARY Design for the Downtown Library and the Mitchell Park Library and Community Center is underway and being reviewed by City committees and user i groups as they proceed through the design process. The Downtown Library is potentially scheduled to be advertised for construction bids as early as the spring of2010 followed by the Mitchell Park Library and Community Center in the summer of 2010. To provide library services during construction of these facilities, space for the temporary library has been identified at Cubberley Community Center, and is under design as well. Staff also recommends approval of a contract with Turner Construction Company. This contract will provide construction management services needed to supplement existing staff levels during completion of the design and construction bidding process for the Mitchell Park and Downtown facilities. Approval of a contract amendment with Group 4 Architecture is needed to complete the design of the temporary library facility. A Budget Amendment Ordinance in the amount of $109,041 will fund portions of the contracts with Turner Construction Company, Group 4 Architecture and other miscellaneous small contracts (hazardous material testing and removal, modular workstation design, moving, etc.) related to the temporary library facility at the Cubberley Community Center. RECOMMENDATION Staff recommends that Council: CMR:368:09 Page 1 of9 1. Adopt a Budget Amendment Ordinance (Attachment A) in the amount of $109,041 to increase appropriation for CIP Project Community Center and Library -Temporary Facilities (PE-090 1 0). 2. Authorize the City Manager or his designee to execute the attached (Attachment B) contract with Turner Construction Company, Inc., in an amount not to exceed $138,198, for initial construction management services for the Downtown Library and for the Mitchell Park Library and Community Center, including a total of $13,361 for additional services. 3. Authorize the City Manager or his designee to execute the attached Contract Amendment No. 1 (Attachment C) to add $92,034 for additional services with Group 4 Architecture for design of the Temporary Library (PE-090 1 0) for a total not to exceed contract amount of $3,919,314. BACKGROUND On July 7, 2008, Council directed staff to proceed with placing on the November 2008 ballot a library/community center bond measure. Measure N, which passed on November 4, 2008, includes funding for construction of a new and expanded Mitchell Park Library and Community Center (MPLCC), renovation and expansion of the Main Library and renovation of the Downtown Library. The joint MPLCC will be designed to the Leadership in Energy and Environmental Design level of Gold (CMR:309:08). Detailed history of the design development can be found in past City Manager's Reports to Council (CMR:286:02, CMR:119:06, CMR343:06, CMR:434:06, CMR:225:07, CMR:321:08, CMR:473:08 and CMR:149:09, http://www.cityofpaloalto.org/knowzone/reports/cmrs.asp). The various site improvements are summarized as follows and site plans are shown in Attachment D: • Mitchell Park Library and Community Center The existing Mitchell Park Library is approximately 10,000 square feet and will be replaced with a new facility of 36,000 square feet. The new library will be two stories to accommodate an enlarged collection, a children's area, an acoustically separated teen area, group study rooms, staff areas and a program room. Increases in collection, seating, computers, children's area and programming space are planned to serve the needs of the projected population in 2030. Technical Services staff, currently located at the Downtown Library, would be relocated to the Mitchell Park Library in order to facilitate the increased intake of new materials for the entire library system. The existing Community Center is approximately 10,000 square feet and will be replaced with a new facility of 15,000 square feet. Similar to the existing community center, the new building will be a one-story building attached to the new library. The new community center will allow for additional programming space and rental availability. By sharing activity space, the joint facility will be smaller in size than two independent buildings and will create a more efficient use of the library/community center site. CMR:368:09 Page 2 of9 -Downtown Library The programmatic evaluation by Group 4 Architecture found that the existing services at this library adequately serve its service population and significant capital improvements are not recommended. By relocating technical services to the new Mitchell Park library, much of the current technical staff area will become public space as a result of interior reconfiguration. A small program room is planned. Systems upgrades, such as improved lighting and mechanical systems will also be provided. Prior to the passage of Measure N, some members of the public expressed concerns about the approved schematic design for the Downtown Library. After the bond measure passed and Group 4 Architecture began the detailed design development for Downtown Library and the new Mitchell Park Library and Community Center, staff arranged to hold a focus group meeting in April 2009 between the architects and those who had concerns about the plans for Downtown Library. In response to the feedback at this focus group and at a general community meeting in May, the plans for Downtown Library were adjusted to add more collection shelving and to redesign a staff conference room so it could be shared for public use. The revised plans were further reviewed by a subcommittee of the Library Advisory Commission (LAC), and staff supported the subcommittee's request to have Group 4 prepare additional information for the LAC's consideration. The LAC recently voted to reaffirm the current design plans for this project. The LAC Chair has prepared a companion report on this matter for inclusion in the packet for the September 14 Council meeting. -Main Library The Main Library improvements include small group study rooms that are acoustically separated from the rest of the existing building and a new program space that seats 100 people. To accommodate the new program space, the Main Library will expand by approximately 4,000 square feet from the current 21,000 square feet on the ground floor of the building (CMR:434:06). The interior of the existing library will also be reconfigured to make better use of areas that are vacated by relocating certain materials into the new building. Lighting and other building systems will also be upgraded. All of the improvements will be made with consideration for the historic nature of the existing building. Improvements to the Main Library will be the final phase of the Measure N Library Bond, with design expected to begin in early 2011, so that its construction will occur after the improvements to Mitchell Park and Downtown. DISCUSSION Project Update Construction documents for the Downtown Library are approximately 60 percent complete and the design development for the MPLCC is approximately 50 percent complete. The plans have been reviewed by the Library Advisory Commission (LAC), the Parks & Recreation Commission (P ARC), the Architectural Review Board (ARB), the Art Commission and also presented to citizen focus groups, teen groups and to the community. Review by these committees and groups will continue through January 2010. Similar review will occur during the design development process for Main Library. CMR:368:09 Page 3 of9 Design for the MPLCC is to the Leadership in Energy and Environmental Design (LEED) Gold level, however, the building has four design elements that may put the project into the LEED Platinum level. These design elements are expected to fall within the existing construction budget, however additional design may be required. Group 4 Architecture is in the process of researching design and construction costs related to reaching LEED Platinum standards. Staff is planning to analyze whether there would be a cost advantage in combining the construction contract for Downtown Library with the MPLCC by awarding one large construction contract and to sell one set of bonds with an accurate price (i.e., by bidding together, the cost of both libraries would be known). If staff finds no advantage to one large bid package, the Downtown Library would be the first library advertised for construction bids, in the spring of 2010, followed shortly thereafter by the MPLCC. Design of the Main Library improvements will be addressed beginning in fall of 2010 as that library is not scheduled to begin design until early 2011. Temporary Facilities Temporary facilities for the Mitchell Park Library and Community Center have been identified at the Cubberley Community Center (Cubberley). The auditorium is currently leased by community groups whose leases will expire on December 31, 2009. Utilizing Cubberley versus leasing other adequate space for the temporary library resulted in a net cost benefit to the City. A temporary library with books, computer terminals and seating will be located in the main auditorium area. The square footage of the temporary library is approximately 5,090 square feet and will reuse furniture from the Mitchell Park and Downtown libraries. The Mitchell Park Library currently has 83,000 volumes in the collection. The temporary library will accommodate approximately 45,000 volumes, 28 reader table seats, 10 study carrel seats, 18 computers and associated seats and 10 lounge seats. Library Administration staff currently located at the Downtown Library will be moved to the Main Library for the duration of the Downtown Library renovation and moved back to the Downtown Library when that work is completed. Technical Services staff now located at the Downtown Library will be moved into what is currently the kitchen area at the back of the auditorium. Mitchell Park Community Center (MPCC) is currently home to a variety of recreation classes, such as low impact aerobics, fencing, table tennis, and tap dance. MPCC is also home to the Palo Alto Teen Center "The Drop" and is the meeting place for the Palo Alto Youth Council, Teen Advisory Board and Junior Advisory Board. Recreation staff is working closely with instructors and renters of MPCC to find suitable space alternatives while the new center is being built. With the JCC vacating Cubberley Community Center in the fall of 2009, the City will be able to move some classes and services from the MPCC to the Cubberley Community Center. For a temporary Teen Center, Recreation staff is hoping to coordinate space at one or more of the Middle School sites, although a suitable space has not yet been identified. Two studio spaces at Cubberley Community Center will also be available if a middle school site cannot be located. Once a suitable location is identified, it is anticipated that modifications will be designed by staff utilizing small contracts with modular furniture designers and related contractors. Of the BAO amount requested, $10,000 is reserved for the Teen Center relocation. CMR:368:09 Page 4 of9 Design plans for the temporary library are 90 percent complete and will be advertised for construction bids in October 2009 and awarded in December 2009. Construction will start in early 2010. Once the temporary facility nears completion, the Downtown Library could be advertised for construction bids with a construction start in the spring of 2010. Once the new MPLCC is completed, Technical Services staff will be moved from the temporary spaces in the next auditorium to the new temporary library. Outreach Staff was asked to develop an implementation strategy and structure for the projects that will facilitate the flow of information between staff, the community and key stakeholders (CMR:473:08). Three committees have been established for this effort: the Technical Team (staff from multiple departments and Group 4 architecture), the Stakeholder's Committee (staff, community stakeholders and representatives from the Architectural Review Board, Library Advisory Commission, Parks and Recreation Commission and Art Commission) and an independent Citizen Bond Oversight Committee established in July 2009 to provide financial oversight of the project. The Technical Team has recently completed their review of the 50 percent complete 'design development' plans for the MPLCC, the 60 percent complete 'construction documents' for the Downtown Library and the 90 percent complete construction documents for the temporary library facilities. Plans that are in the design development stage are less detailed and less complete than those in the construction document phase. The Stakeholder's Committee has been meeting monthly since March 2009. The Stakeholder's Committee oversaw the design of a new website for the library projects, which includes information on the completed Children's Library and College Terrace Library which is currently undergoing renovation. The website was designed by staff and is currently on-line at http://www.cityofpaloalto.org/knowzone/city projects/city facilities/library projects/ .. The site includes the most recent renderings of the libraries as well as a 'fly-through' three- dimensional model of the MPLCC. It will be updated regularly and includes a feature that allows viewers to sign up for monthly e-mail updates as well as ways to contact staff. The Stakeholder's Committee has also developed a communications plan indentifying various outreach measures (for example, signage at the construction site, cameras at the site that will connect to the web, monthly e-newsletters, and other items). In addition to the website, a model of the MPLCC was built and initially displayed in the Civic Center lobby. It is currently on display at the MPCC and will be moved to various locations throughout the City for the duration of the project. The initial community meeting on the library projects in May of 2009 was well attended and included involving teens in the design of the future Teen Center (photos of which are included on the new library website). More board and commission meetings are scheduled through the end of January 2010 and the schedule for these meetings has been posted on the library facilities website. In addition to the board and commission meetings, a second public meeting has been scheduled for October 29, 2009 at the MPCC (the Teen Center discussion will begin at 4 p.m. and the general discussion at 7 p.m.). CMR:368:09 Page 5 of9 Under Council direction the Bond Oversight Committee (BOC) was formed and held its initial meeting on July 22, 2009. At this first meeting, the members were briefed on the current status of the library design and on the purpose of the committee, which is to ensure that bond proceeds are spent in a fashion that is consistent with the Measure N bond language. The BOC also elected officers and requested speakers and information for the next meeting on October 27, 2009. Once approved by the BOC, meeting minutes will be forwarded to Council. Construction Management Services The contract for construction management services needed for the Downtown Library and Mitchell Park Library & Community Center is attached to this report. The construction management services described in the scope are needed as current staffing is not sufficient for a project of this magnitude. The construction management firm will support and supplement the work of Public Works staff. Public Works staff will oversee the design and construction of the temporary facilities at the Cubberley Community Center. Request for Proposals were sent to 15 firms on May 22,2009. The proposal period was 39 days. A total of 18 firms submitted proposals ranging from $590,634 to $2,744,794. Summary of Solicitation Process Proposal DescriptionlNumber Downtown Library and Mitchell Park Library and Community Center, Construction Management Services Proposed Length of Project 3 years Number of Proposals Mailed 15 Total Days to Respond to Proposal 39 Pre-proposal Meeting Date June 23, 2009 Number of Company Attendees at Pre-16 proposal Meeting Number of Proposals Received: 18 Company Name Location (City, State) Selected for oral interview? 1. Swinerton Management & San Francisco, CA Yes Consulting 2. Consolidated CM, Inc. Oakland, CA Yes 3. Critical Solutions, Inc. Walnut Creek, CA Yes 4. Turner Construction Company San Jose, CA Yes 5. Bovis Lend Lease, Inc. San Francisco, CA No 6. Kitchell CEM San Jose, CA No 7. Heel)' International, Inc. Folsom, CA No 8. Shore Associates San Jose, CA No 9. Gilbane Building Company San Jose, CA No 10. O'Connor Construction Pleasanton, CA No Management, Inc. 11. BTl Build Trust, Inc. George Town, Grand Cayman No 12. Douglas Ross Construction, Inc. Palo Alto, CA No 13. JLK Construction Services, Inc. Oakland, CA No CMR:368:09 Page 60f9 14. Nova Partners, Inc. Palo Alto, CA No 15. Cambridge CM, Inc. Palo Alto, CA No 16. Conversion Management San Francisco, CA No Associates, Inc. 17. Van Pelt Construction Services Fairfield, CA No 18. Harris & Associates Gilroy, CA No Range of Proposal Amounts Submitted $590,634 to $2,744,794 The proposals were judged by the following criteria: • qualifications and experience of the staff assigned to the project, • staff experience on similar type of projects, • response time and ability to perform the work, • field experience with Leadership in Energy and Environmental Design (LEED) buildings, fee. An evaluation committee consisting of Public Works staff and an architect from the library design firm, Group 4 Architecture, carefully reviewed each firm's qualifications and submittals in response to the criteria identified in the request for proposals (RFP). Four firms were invited to participate in oral interviews. Turner Construction Company, Inc., was selected because their staff demonstrated superior knowledge of construction management, have extensive experience with library construction and have worked on other Leadership in Energy and Environmental Design (LEED) projects. The contract with Turner Construction Company, Inc., includes 15% for additional services that may be needed for the Downtown Library since remodeling an existing building may have many unforeseen conditions. The contract includes funding through the end of the design phase for both libraries. At the time of the award of the first library construction contract in 2010, staff will return with a contract amendment that will include construction management fees for the construction phase and a more detailed scope for the duration of construction for the Downtown Library and the Mitchell Park Library and Community Center. Temporary Library Design Group 4 Architecture was initially contracted to study alternative locations and design options for a temporary MPLCC. Working with staff from the Public Works, Library and Community Services Departments, the Cubberley Community Center Auditorium was identified as the best location for a temporary library while a new Mitchell Park Library was being constructed. Approval of Contract Amendment No. 1 with Group 4 Architecture (Attachment C) will provide for the completion of the initial temporary library design and for construction administration services during the construction of the temporary library, which is expected to begin in early 2010. TIMELINE Improvements to the auditorium at the Cubberley Community Center will begin in early 2010 so that Technical Services staff can be relocated shortly before work begins on the Downtown Library. Before the demolition of the existing Mitchell Park Library, books, computers and furnishings will be moved into the auditorium to serve as a temporary library for the duration of construction. If Cubberley is selected as the Teen Center site, reconfiguration of the existing CMR:368:09 Page 7 of9 classrooms at the Cubberley Community Center will be completed shortly before the demolition of the Community Center so that Teen Center services can be relocated. Improvements to the Downtown Library could begin in the spring of 2010. However., staff will analyze whether there would be a cost or coordination advantage in combining construction on the Downtown Library with the MPLCC to begin in the summer of 2010. In addition to lower costs, a larger project may attract a more skilled, financially stable construction company and result in better coordination from communicating with one contractor instead of two. Combining construction contracting for the two libraries may also create efficiencies in the bond issuance process, which staff will review during the construction contracting analysis. Under either construction scenario, the Downtown Library will be closed for the duration of construction, approximately one year. Library Administration staff in the Downtown Library will be relocated to the Main Library and Technical Services staff will be relocated to the temporary library space at the auditorium of the Cubberley Community Center. Construction on the Mitchell Park Library and Community Center is expected to begin in the summer of2010. The temporary library and Teen Center will operate at the temporary facilities at the Cubberley Community Center for the duration of construction, approximately two years. A contract amendment with Group 4 Architecture for design of the Main Library will not be developed until the fall of2010 as that library is not scheduled to begin design until early 2011. RESOURCE IMPACT To continue work on the library project, a BAO in the amount of $109,041 is needed for CIP Project PE-0901O., Community Center and Library -Temporary Facilities. The distribution of these funds is shown in the table below: Bond Funding General Fund Bondable Downtown Temporary General & Library MPLCC Bondable Facility Fund General Fund PE-09005 PE-09006 Subtotal PE-0901O Subtotal Total Turner Construction $20,177 $118,021 $138,198 $171,245 $309,443 Group 4 Architecture $92,034 West Coast Code Consultants $7,700 Protech -Hazardous Material Report $1,931 Hazardous Material Abatement & Inspection $42,000 Pivot Interiors $6,980 Plan-check fees $3,600 Building Permit fees $7,000 Mise costs & contracts $10,000 Available Budget $138,198 $62,204 Additional Appropriation Needed (BAO) 0 $109,041 $109,041 CMR:368:09 Page 8 of9 Funding for Turner Construction's construction management services is included in Capital Improvement Program (CIP) project PE-09006, Mitchell Park Library and Community Center and PE-09005, Downtown Library and will be reimbursed after the sale of bonds. The sale of bonds to cover expenses related to both the Downtown Library and the MPLCC will occur in the spring or summer of 20 1 0, near the time of construction award. In addition to current and future costs, the bond sale will also reimburse the General Fund for project costs incurred since the Measure N bond was approved in November of2008. Expenses related to temporary facilities (CIP PE-090 1 0) are non-bondable and will come from the Infrastructure Reserve. In addition to Contract Amendment No.1 with Group 4 Architecture, the BAO amount includes $10,000 to be administered by the Public Works Department for miscellaneous small contracts and costs such as security alarms, plan set printing, minor electrical work, small Teen Center remodeling contracts, etc. POLICY IMPLICATIONS This recommendation is consistent with Council's previous direction on the library projects and will further the projects identified in Measure N. It does not represent a change in City policy. ENVIRONMENTAL REVIEW On July 21, 2008, the Council confirmed the Director of Planning and Community Environment's approvals of a Mitigated Negative Declaration for the Mitchell Park Library and Community Center project and a 2007 Addendum to the 2002 final Environmental Impact Report for the Main Library. The Downtown Library was determined to be exempt from the California Environmental Quality Act review pursuant to Section 15301, "existing facilities." ATTACHMENTS Attachment A: Budget Amendment Ordinance Attachment B: Contract with Turner Construction Company, Inc., (includes Scope of Service and Certificate of Nondiscrimination) Attachment C: Contract Amendment No.1 with Group 4 Architecture Attachment D: Floor and site plans PREPARED BY: DEPARTMENT HEAD: CITY MANAGER APPROVAL: CMR:368:09 Page 9 of9 ORDINANCE OF THE COUNCIL OF THE CITY OF AMENDING THE BUDGET FOR THE FISCAL YEAR 2010 AN ADDITIONAL APPROPRIATION OF $109,041 IMPROVEMENT PROGRAM (CIP) PROJECT PE-09010, COMMUNITY CENTER -TEMPORARY FACILITIES PALO ALTO TO PROVIDE TO CAPITAL LIBRARY AND The Council of the City of Palo Alto does ordain as follows: SECTION 1. The Council of the City of Palo Alto finds and determines as follows: A. Pursuant to the provisions of Section 12 of Article III of the Charter of the City of Palo Alto, th€ Council on June 15, 2009 did adopt a budget for Fiscal Year 2010; and B. In Fiscal Year 2009 f the Council did adopt a budget for CIP Project PE-09010, Library and Community Center -Temporary Facilities (Project) with an initial appropriation of $79,525; and C. In Fiscal Year 2010, Council increased the appropriation by $79,000, bringing total appropriation to $154,525 for Project; and D. From Fiscal Year 2009 to date, expenses related to design elements of the Project were incurred leaving available balance of $62,204; and E. As work progresses, additional necessary costs were identified to complete Project. The total cost of additional work elements is $171,245 while the remaining available budget is $62,204; requiring additional appropriation of $109,041. The details are summarized below; and Descri.pti.on Group 4 Architecture (Contract Amendment #1) West Coast Code Consultants Protech -Hazardous Materials Pivot Interiors Plan-check fees Building Permit fees Hazardous Material Abatement Work and Abatement Inspection Misc costs & contracts Tota.1 Addi tiona1 Cos ts Available Appropriation Additional Appropriation Needed l-\JO.ount $92,034 $7,700 $1,931 $6,980 $3,600 $7,000 $42,000 $10,000 $171,245 $62,204 $109,041 Fo The Infrastructure Reserve of the Capital Project Fund will provide the necessary funds since the costs of this project can not be reimbursed by Measure N Library Bonds; and Go City Council authorization is needed to amend the Fiscal Year 2010 budget to make available the funds required for Projecto SECTION 20 The sum of One Hundred Nine Thousand Forty One Dollars ($109,041) is hereby appropriated to CIP Project PE- 09010, Library and Community Center -Temporary Facilitieso SECTION 3. The Infrastructure Reserve is hereby decreased by One Hundred Nine Thousand Forty One Dollars ($109,041) with a remaining balance of Five Million Fifty Thousand Nine Hundred Fifty Nine Dollars ($5,050,959) SECTION 40 As specified in Section 20280080 (a) of the Palo Al to Municipal Code, a two-thirds vote of the City Council is required to adopt this ordinance 0 SECTION 50 As provided in Section 20040330 of the Palo Alto Municipal Coder this ordinance shall become effective upon adoption o SECTION 60 On July 21, 2008, the Council confirmed the Director of Planning and Community Environment's approvals of a Mitigated Negative Declaration for the Mitchell Park Library and Community Center project and a 2007 Addendum to the 2002 final Environmental Impact Report for the Main Libraryo The Downtown Library was determined to be exempt from the California Environmental Quality Act review pursuant to Section 15301, "existing facilities"o INTRODOCED AND PASSED: AYES: NOES: ABSTENTIONS: ABSENT: ATTEST: City Clerk APPROVED AS TO FORM: Senior Assto City Attorney APPROVED: Mayor City Manager Director of Public Works Director of Administrative Services AGREEMENT BETWEEN THE CITY OF JP ALO ALTO AN1I) TURNER CONSTRUCTION COMPANY FOR PROFESSIONAL SERV1ICES (DOWNTOWN lLIBRARY9 M1!TCHELL PARK LJIBRARY AND COMMUNITY CENTER CONSTRUCTION MANAGEMENT SERVICES) This AGREEMENT is entered into on this __ day of .20-, by and between the CITY OF PALO ALTO. a California chartered municipal corporation ("CITY"), and TURNER CONSTRUCTION COMPANY, a corporation in the State of New York, located at 60 South Market Street, Suite 1100, San Jose, CA 95113 ("CONSULTANT"). RECITALS The following recitals are a substantive portion of this Agreement. A. CITY intends to construct a new Mitchell Park Library and Community Center and renovate the existing Downtown Library ("Project") and desires to engage a consultant to construction management services in connection with the Project ("Services"). B. CONSULT ANT has represented that it has the necessary professional expertise, qualifications, and capability, and all required licenses andlor 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 ofthis Agreement. NOW, THEREFORE. inconsideration ofthe recitals. covenants, terms, and conditions, this Agreement, the parties agree: AGREEMENT SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described in Exhibit "A" in accordance with the tenus and conditions contained in this Agreement. The perfonnance of all 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 June 1, 2013 unless terminated earlier pursuant to Section 19 of this Agreement. SECTION 3. SCHEDULE OF PERFORMANCE. Time is ofthe essence in the performance of the services specified in exhibit A. CONSULTANT shall 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. Any Services for which times for performance are not specified in this I Professional Services Rev. January 2009 \\CC-TERRA \jalTeol\PURCHDOC\SAP Bids and Proposals\RFP\RFP13163 I DT Lib and MP Ub and Community Center C M Services\Contract CI0131631·1lJRNER.doo Agreement shall be commepced and completed by CONSULTANT in a reasonably prompt and timely manner based upon the circumstances and direction communicated to the CONSULT ANT. 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 one hundred twenty-four thousand eight hundred thirty-seven Dollars ($124,837.00). In the event Additional Services are authorized, the total compensation for services and reimbursable expenses shall not exceed one hundred thirty-eight thousand one hundred ninety-eight Dollars ($138,198.00). 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, shan be authorized in accordance with and subject to the provisions of Exhibit "C". CONSlJLT ANT 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 CONSULT ANT'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. CONSULTANT shall send all invoices to the City's project manager at the address specified in Section 13 below. The City will generally process and pay invoices within thirty (30) days of receipt. 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, ifpennitted, . 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. 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 itselfinformed of and in compliance with all federal, state and local laws, ordinances, regulations, and orders that may 2 Professional Services Rev. January 2009 \\CC-TERRA\jarreol\PURCHDOC\sAP Bids and Proposals\RFP\RFPI31631 DT Lib and MP Lib and Community Center C M Services\Contrac\ C10131631 WRNER.doc affect in any manner the Project or the perfonnance of the Services or those engaged to perfonn Services under this Agreement. CONSULT ANT shall procure all permits and licenses, pay all charges and fees, and give all notices required by law in the performance of the Services. SECTION 8. ERRORS/OMISSIONS. CONSULT ANT 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 CONSUL T ANT 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 discovered prior to and during the course of construction of the Project. This obligation shall survive termination of the Agreement. SECTION 9. COST ESTIMATES. Not applicable to this phase ofthe contract. SECTION 10. 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. SECTION H. 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 ofthe 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 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. CONSULTANT shall be responsible for directing the work of any subconsultants and for any compensation due to subconsultants. CITY assumes no responsibility whatsoever concerning 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. SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Tom Tripp as the project director to have supervisory responsibility for the performance, progress, and execution of the Services and Greg Smith as the project coordinator to represent CONSULTANT during the day-to- day work on the Project. If circumstances 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 ofthe CITY's proj ect 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 3 Professional Services Rev. January 2009 \\CC-TERRA \jarreol\PU RCHDOC\SAP Bids and Proposals\RFP\RFPI 31631 DT Lib and MP Lib and Community Center C M Services\Contract C10131631 TURNER.doc the safety of persons or property_ The City's project manager isKaren Bengard, Public Department,Engineering Division, at 250 Hamilton Avenue, Palo Alto, CA 94301, Telephone: 650-329-2636. 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 141. OWNERSHIP OF MA l'EIDALS. Upon delivery, all work product, including without limitation, all writings, drawings, plans, reports, specifications, calculations, documents, other materials and copyright interests developed under this Agreement shall be and remain the exclusive property of CITY without restriction or limitation upon their use. CONSULT ANT agrees iliat all copyrights which arise from creation ofthe work pursuant to this Agreement shall be vested in CITY, and CONSULT ANT waives and relinquishes all claims to copyright or other intellectual property rights in favor of the CITY. N either CONSULT ANT 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. CONSULTANT makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the scope of work. SECTION 15. AUJl)lI:TS. 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 earlier termination of this Agreement. SECTION 116. INDEMNiTY. O[Option A applies to the following design pll"ofessionais pursuant to CliviD Code SectiOllll 2782.8: architects; Dandscape architects; registered professional engineers and licensed professional land sUJl"Veyors.] 16.1. To the fullest extent permitted by law, CONSULTANT shall protect, indemnify, defend and hold hannless 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 ofthe CONSULTANT, its officers, employees, agents or contractors under this Agreement, regardless of whether or not it is caused in part by an Indemnified Party. [gI[Option B applies to any consultant who does not qualify as a design professional as defined in Civil Code Section 2782.8.] 16.1. 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 disburs~ments ("Claims") resulting from, arising out of or in any manner related to performance or nonperfonnance by CONSULTANT, its officers, employees, agents or contractors under this Agreement, regardless of whether or not it is caused in part by an Indemnified Party. 4 Professional Services Rev, January 2009 \\CC-TERRA \jarreol\PURCHDOC\SAP Bids and Proposals\RFP\RFP131631 DT Lib and MP Jjb and Community Center C M Services\Contract C10131631 lURNERdoc 16.2. Notwithstanding the above, nothing in this Section 16 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. 16.3. 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 ofthis Agreement. SECTION 117. W MYERS. The waiver by either party of any breach or violation of any covenant, tenn, condition or provision oftms Agreement, or ofthe 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 ofthe same or of any other term, covenant, condition, provision, ordinance or law. SECTlION 18. lINSlURANCE. 18.1. CONSULTANT) at its sole cost and expense, shall obtain and maintain, in full force and effect during the term ofthis Agreement, the insurance coverage described in Exhibit tiD". CONSULTANT and its contractors, if any, shall obtain a policy endorsement naming CITY as an additional insured under any generalliabilityor automobile policy or policies. 18.2. All insurance coverage required hereunder shall be provided through carriers with AM Best's Key Rating Guide ratings of A-:vrr or higher which are licensed or authorized to transact insurance business in the State ofCalifomia. 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. 18.3. 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 tenn 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 tenn has expired. SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES. 5 Professional Services Rev. January 2009 \\CC-TERRA \jarreol\PURCJ-{DOC\sAP Bids and Proposals\RFP\RFP 13 1631 DT Lib and MP lib and Community Center C M Services\Contracl CI0131631 TURNERdoc 19.1. 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 (10) days prior written notice thereof to CONSULTANT. Upon receipt of such notice, CONSULTANT will immediately discontinue its performance of the Services. 19.2. CONSULTANT may tenninate this Agreement or suspend its performance of the Services by giving thirty (30) days prior written notice thereofto CITY. but only in the event of a substantial failure of performance by CITY. 19.3. 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. 19.4. 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., 10 days after giving notice) of suspension or termination; provided, however, if this Agreement is suspended or terminated on account of a default by CONSULT ANT, 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 ofhislher discretion 19.5. 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 20. 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 CONSULT ANT recited above 6 Professional Services Rev. January 2009 \\CC-TERRA \jarreol\PURCHDOC\SAP Bids and Proposals\RFP\RFP 131631 DT Lib and MP Lib and Community Center C M Services\Contract CI01316311URNER.doc SECTION :H. CONFlLICT OF lINTEIREST. 21.1. In accepting this Agreement, CONSllL T ANT covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otheIWise, which would conflict in any manner or degree with the perfOJ:"mance of the Services. 21.2. 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 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 ofCalifomia. 21.3. If the Project Manager detennines that CONSULTANT is a "Consultant" as that term is defined by the Regulations of the Fair Political Practices Commission, CONSULT ANT shall be required and agrees to file the appropriate financial disclosure documents required by the Palo Alto Municipal Code and the Political Refonn Act. SECTION 22. NONDiSCRIMINATION. As set forth in Palo Alto Municipal Code section 2.30.510, CONSULTANT certifies that in the perfonnance 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 Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section 2.30.510 pertaining to nondiscrimination in employment. SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING. The City of Palo Alto is a green business and works to purchase and provide products in an environmentally sustainable manner. CONSULT ANT will use production methods that reduce waste and environmentally toxic products, as well as have less packaging. CONSULTANT will adhere to the standard that printed materials will be, at a minimum, printed on 30% post consumer recycled paper with vegetable based ink. The designer will check with the project manager to discuss the maximum recycled content paper available for each project. FS~ (Forest Stewardship Council) certified paper that is "process free" is preferred. CONSULTANT will use methods that reduce energy use and thus the carbon footprint for the development, production and delivery of products. CONSULT ANT shall adhere to the City's Environmentally Preferred Purchasing policies as may be amended from time to time. 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 trial of such action will be vested exclusively in the state courts of California in the County of Santa Clara, State of California. 7 Professional Services Rev. January 2009 \\CC·TERRA\jarreol\PURCHDOC\sAP Bids and Proposals\RFP\RFPI31631 DT Lib and M P IJb and Community Center C M Services\Contr"act CI0131631 nJRNER.doc 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. The prevailing party shall be entitled to recover an amount equal to the fair market value of legal services provided by attorneys employed by it as well as any attorneys' fees paid to third parties. 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 will bind, the heirs, successors, executors, administrators, assignees, and consultants ofthe 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 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 Municipal Code. This Agreement will terminate without anypenalty{ 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. This Section 24.8 shall take precedence in the event of a conflict with any other covenant, tenn, condition, or provision of this Agreement. 24.9. The individuals executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities. 24.10 All unchecked boxes do not apply to this agreement. 8 Professional Services Rev. January 2009 \\CC-TERRA \jarreol\PURCHDOC\SAP Bids and Proposals\RFP\RFP 13 I 63 I DT Lib and M P Lib and Community Center C M Services\Contract C I 0131631 -ruRNEKdoc CllTl{ OF PAlLO AlLTO OOJN'fJRAC1f NO.; (:1013>1631 IN \VITNESS \V1HEREOF, the parties hereto have by their duly authorized representatives executed this Agreement on the date first above written. CITY OF PALO ALTO: CONSULTANT: TURNER CONSTRUCTION COMPANY _City Manager (Required for contracts over By: t'. (i'.\.! 1 rf: /,( II, 'Ii:;'. r c, f $85,000) --''-''It----',(''-'--''--''--'----'--/:------A).----'-'-. j'-"'--'--; /J:'-'---'-~~-"-- _Purchasing Manager Name:~(~-I:.::t.::..V..4'-)'---"U'-j,~-Vb--.J...:f._l~..:::1_"1j)L..::>,_""-~ ___ _ APPROVED AS TO FORM: City Attorney Attaclmlents: EXHIBIT "A": EXHIBIT "B": EXHIBIT "e": EXHIBIT "C-l" EXHIBIT "D": SCOPE OF SERVICES SCHEDULE OF PERFORMANCE COMPENSATION HOURLY RATE SCHEDULE INSURANCE REQUIREMENTS 9 Professional Services Rev, January 2009 - \\CC-TERR"\jarr~ol\PURCHOOC\SAP Aids anu Projlosals\RFP\RFPI3163 I DT Lib and MI' lib Dnd CommunilY Cenler C M Scrvices\Conlract CI013163I'I1IRNER,doc SCOPE «))JF SERVJICJES . 1. INTRODUCTION In November 2008, voters approved Measure N, which provided for the upgrade, replacement and/or expansion of three libraries in Palo Alto. These libraries are the Downtown Library, the Mitchell Park Library and Community Center (MPLCC) and the Main Library. Environmental clearance has been completed and approved for the three sites. The design plans, which are currently approximately 50 percent complete, have been re",iewed by City boards and commissions and have been presented to the community, although additional public meetings are scheduled. Downtown Librarv Improvements to the Downtown Library, located at 270 Forest Ave, consist primarily of accessibility improvements, code required upgrades, electrIcal and mechanical systems upgrades, and interior space remodeling. The estimated 2008 construction cost was $2.4 million which was based upon 35% completed plans. The construction cost estimate excludes design costs, contingency, inflation escalation, permits, testing, fixtures and furnishing. Environmental clearance has been completed and approved for the project. The Downtown Library will not be a certified LEED building but will follow the City'S Green Building Policy and submittal requirements. Mitchell Park Library and Community Center The existing Mitchell Park Library building is located at 3700 Middlefield Road and the adjacent Community Center building is located at 3800 Middlefield Road. The existing library building is less than 10,000 square feet. The existing community center building is approximately 10,000 square feet. Construction will entail demolition and removal of the existing buildings and parking lots, construction of a combined library and community center building and associated site amenities including parking. The new building's total area will be approximately 51,000 square feet, of which 36,000 square feet will be a two-story library and 15,000 square feet will be a single-story community center around a heritage oak tree. The 2008 estimated construction cost was $28.1 million which was based upon the 35% plan design. The construction cost estimate excludes design costs, contingency, inflation escalation, permits, testing, fixtures and furnishing. The MPLCC will be designed to U.S. Green Building Council's Leadership in Energy Efficiency and Design (LEED ®) Gold standard. During construction, the library services and the community center will be relocated to a temporary facility or facilities. Design of the temporary facility is underway and construction management services for that facility will be performed by Public Works staff. Main Librarv (Potential Future Phase) 10 Professional Services Rev. January 2009 \\CC-TERRA\jarreol\PURCIIDOC\SAP Bids and Proposals\RFP\RFP 131631 DT Lib and MP Lb and Community Center C M Services\Contract C10131631 TIJRNER.doc Construction management services for the Main Library are not included at this time, as design of improvements to the Main Library will not begin until approximately early 2011. The City reserves the right to negotiate a fee for and enter into a contract (amendment) with Turner Construction Company (hereinafter "Consultant") for these services, or to issue a new Request for Proposa]s for the services. The Main Library, located on Newell Road, will have both an interior renovation and an expansion. The renovation to the existing historic structure will consist of seismic, accessibility, and systems upgrades as well as minor expansions and reconfigurations. In addition, a detached bui]ding of approximately 4,500 square feet will be constructed. The 2008 estimated construction cost was $9 million which was based upon the 35% plan design. The construction cost estimate excludes design costs, contingency, inflation escalation, pennits, testing, fixtures and furnishing. 2. SCOPE OF SERVICES AU work described below will be done in conjunction with the City's ongoing review and approval process for the projects described above. The Consultant's services shall include full Construction Management Services as required to assist staff in the management of the design and construction of the above projects. If at any time, the City is not satisfied with the performance of Consultant's staff, the City reserves the right to request the services of a different individual. If for any reason the Consultant proposes a change of staffing during the course of the project, the City reserves the right to approve any new staff. Additional Services must be approved in advance of services, in writing, by the City Project Manager. Office space, computers, cell phones, furnishings and other equipment needed for Consultant's staff shall be provided by the Consultant. These costs shall be included in the Consultant fee proposal. Downtown Library Phase I -Design Phase Staff support for this library will be primarily by City staff. During the design phase, Consultant services are primarily required for specialty (mechanical, electrical) and for pre-qualifiction of contractors and key subcontractors. A. Preconstruction Document and Constructability review Consultant shall: • become familiar with the project history, plans, and specifications. " review plans, specifications and cost estimates submitted for City review. Review by Consultant 11 Professional Services Rev. January 2009 \\CC-TERRA \jarrcol\PURCHDOC\SAP Bids and Proposals\RFP\RFP 13163 I DT Lib and MP Ub and Community Center C M Services\Conlract CI0131631lURNERdoc shall be performed by engineers or contractors who have experience in relevant fields. Review of documents shall be done at the current and 100% completion stage of Design Development and at 60%, 95% and 100% of Construction Development. .. provide a constructability review for the project documents and make appropriate cost and/or time- savings recommendations to the City. <> provide an independent opinion of probable cost. E> analyze and document the costs and benefits associated with combining construction of the Downtown Library with the MPLCC. <> coordinate as-needed and directed with the ArchitectlEngineers (AE) firm, City staff, City boards and connnission members, and connnunity members. '" assist the City's Contracts Manager with the preparation of the "Instructions to Bidders" which will define the scope of work that must be included in the bid packages and other related bid documents needed to ensure a complete bid package. The AE will prepare technical specifications. o become familiar with the various City department functions and requirements for project coordination. Contractor and Key Subcontractor Prequalification Prior to the construction bid phase, the Consultant shall prepare, and obtain approval from the City of Palo Alto, to advertise forms required for Contractor and key subcontractor Prequalification. Consultant shall administer the feedback from same, including but not limited to: answering questions from contractors and subcontractors, coordinating responses with the City'S Purchasing Division, preparing spreadsheets or other documentation necessary to compile and compare contractor responses, preparing a recommended bidder's list with a brief report summarizing findings, assisting in representing the City in any subsequent hearings challenging the validity of the results and any follow-up documentation reSUlting from said hearings. The City Purchasing Division will verify Consultant's recommendation in order to finalize the decision. Additional Services Additional Services include. but are not limited to, attendence at meetings, value engineering. calculations and reimbursable expenses not included in the base fee. Mitchell Park Library and. Community Center Phase I -Design Phase A. Preconstruction Document and Constructability review Consultant shall: CD become familiar with the project history, plans and specifications .. review plans, specifications and prepare cost estimates submitted for City review. Review by Consultant shall be performed by engineers or contractors who have experience in relevant fields. Review of documents shall be done at the current and 100% completion stage of Design Development and at 60%, 95% and 100% of Construction Development. e provide a constructability review for the proj ect documents and make appropriate cost and/or time- savings recommendations to the City. 12 Professional Services Rev. January 2009 \\CC-TERRA\jarreol\PURCHDOC\SAP Bids and Proposals\RFP\RFPI31631 DTLib and MP Jjb and Community Center C M Services\Contract CI 0 131631 TURNER.doc o provide an independent opinion of probable construction cost. o coordinate as-needed and directed with the ArchitectiEngineers (AE) finn, City staff, City boards and commission members and community members. " assist the City's Contracts Manager with the preparation of the "Instructions to Bidders" which will define the scope of work that must be included in the bid packages and other related bid documents needed to ensure a complete bid package. The AE will prepare technical specifications. " become familiar with the various City department functions and requirements for project coordination. Communi tv Outreach The Consultant shall collect infonnation and prepare community, City Manager, oversight committee, boards and commission and any other needed updates, presentations or reports not provided by the AB. The Consultant shall attend community meetings to update various civic orginazations (Kiwanas, school groups, etc.) or community meetings on the project progress. Fee for this service shall be included in 'Meetings'. Seven public meetings are currently scheduled from Sept 22,2009 through January 26,2010, however, Consultant shall budget for up to five (5) additional public meetings. Contractor and Key Subcontractor Prequalification Prior to the construction bid phase, the City shall prepare, with City of Palo Alto approval, and advertise fonns required for Contractor and key subcontractor Prequalification. Consultant shall administer the feedback from same, including but not limited to: answering questions from contractors and subcontractors, coordinating responses with the City's Purchasing Division, preparing spreadsheets or other documentation necessary to compile and compare contractor responses, prepare a recommended bidder's list with a brief report summarizing findings, assist in representing the City in any subsequent hearings challenging the validity of the results, and any follow-up documentation resulting from said hearings. Bidding: Consultant shall organize and manage contractor participation. Consultant shall review the contractor bids for compliance with the technical portions of the bid requirements as set forth in the specifications and make a recommendation for award or rejection. Consultant shall assist with the bid period work items including clarifications, and bid evaluation relative to the contract documents. Consultant shall review the subcontractor list for completeness and compliance with the bid documents. The City Purchasing Division will verify Consultant's recommendation in order to finalize the decision. Pre-bid Conference and Pre-construction Meeting: Consultant shall coordinate and facilitate the Pre- bid Conference and Pre-construction Meeting including preparation of the agendas and meeting minutes Addenda: If changes to the construction documents are required during the bidding period, Consultant shall prepare the addenda items with the assistance from the AE. The City will issue the addenda. 13 Professional Services Rev. January 2009 \\CC·TERRA\jarreo]\PURCHDOC\SAP Bids and Proposa]s\RFP\RFPI31631 DT Lib and MP Ub and Community Center C M Services\Contract C] 0] 3163] lURNER.doc Budget: Consultant shall work with the City to develop a construction budget format and tracking system. Hazardous Material Abatement: Hazardous materials may be removed from the existing structures prior to their demolition (under City contract) or may be included as part of the construction bid package. Consultant shall assume that the abatement will be done by City contract and Consultant shall prepare, assist in the bidding of and coordinate the remediation contract. A third party consultant shall be employed by the City to survey, test, develop and implement removal procedures, monitor abatement and report. Relocation of Existing Library Services The Consultant shall provide CM Services to support the City of Palo Alto in relocating library services to a temporary facility. It is estimated the move-coordination for the Consultant will last approximately 3 weeks. Meetings: Throughout the design process, Consultant shall be prepared to address comments and concerns of the contractors interested in bidding on the project, AB, City Staff, boards and commissions and the general public on an as-needed basis. Consultant shall schedule and conduct weekly progress meetings and any other meetings necessary to facilitate the project work. City will provide the administrative support to provide a meeting room and invite attendees. Consultant shall write and distribute the meeting agendas, and meeting minutes, including: City-Consultant meetings, regular site meetings, and meetings with the City staff, contractors, various City departments and also the public. The meeting minutes will explicitly track who has the responsibility for each action item with expected completion dates. Additional Services Additional Services include, but are not limited to, attendence at meetings, value engineering, calculations and reimbursable expenses not included in the base fee. Future Phase -Construction Management. Downtown Library and MPLCC Prior to construction the City shall, upon successful completion of Phase 1-Design Services, negotiate a scope and fee for construction management, testing and inspection services for the Downtown Library and the Mitchell Park Library and Community Center. B. Potential Future Phase -Main Library Construction Management Services Design of the Main Library expansion and rennovation is anticipated to begin in late 2010 or early 2011, therefore Construction Management services for the rennovation and expansion of the Main Library are not included in this Scope of Work. The City may, at its sole discretion, negotiate a fee and execute a contract amendment with Consultant for this work at a future date, or may elect to instead issue a new RFP for the services. The services would be similar to those needed for the Mitchell Park Library and Community Center. 14 Professional Services Rev. January 2009 "CC· TERRA \jarreol\PURCHDOC\sAP Bids and Proposals\RFP\RFPI31631 DT Lib and MP Lib and Community Center C M Services\Conlract CI0131631 lURNERdoc SCHEDULE OF lPERFOJR.MA,.N<CE CONSULT ANT shall perfonn the Services so as to complete each milestone within the number of time specified below. The time to complete each milestone may be increased or decreased by mutual written agreement ofthe project managers for CONSULTANT and CITY so long as all work is completed within the tenn 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 1. Downtown Library Phase I, Pr.e-colllsttuctiolll Phase: Review Construction Documents Contractor Prequalification Construction Contract Award Completion fromNTP Oct 2009 Oct 2009 March 2010 2. Mitchell Park Libraxy &. Community CenteJr~ Phase li: Pre-construction Phase: Review Construction Documents Contracto.r pte qualification Construction Contract Award IS Feb. 2010 Feb. 2010 June 2010 Professional Services Rev. January 2009 \\CC-TERRA\jarreol\PURCI1DOC\sAP Dids and Proposals\RFP\RFP131631 DTLib and MP Lib and Community Center C M Services\Contract C I 0 [31631 lURNER.doc COMPENSATION The CITY agrees to compensate the CONSULTANT for professional services perfonned in accordance with the tenns and conditions of this Agreement, and as set forth in the budget schedule below. Compensation shall be calculated based ort the hourly rate schedule attached as exhibit C-1 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 $124,837.00. CONSULT ANT agrees to complete an Basic Services, including reimbursable expenses, within this amount. In the event CITY authorizes any Additional Services. the maximum compensation shall not exceed $138,198.00. 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 below. 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 $124,837.00 and the total compensation for Additional Services does not exceed $13,361.00. BUlDlGETSCJH[EDUlLE NOT TO EXCEED AMOUNT Task 1 (Downtown Library Phase I, Pre-construction Phase) Task 2 (Mitchell Park Library & Community Center, Phase I: Pre-construction Phase) Sub-total Basic Services Reimbursable Expenses Total Basic Services and Reimbursable expenses $17,545 $107,292 $124,837 $0.00 $124,837 Additional Services -DT Library (Not to Exceed) $2,632 Additional Services -MP Library and CC (Not to Exceed) $10,729 Maximum Total Compensation $138,198 Professional Services Rev. January 2009 \\CC-TERRA \jarreol\PURCHDOC\SAP Bids and Proposals\RFP\RFP 131631 DT Lib and M P Ub and Community Center C M Services\Contract C10131631 lURNER.doc REJIMlBlURSAlBLE EXPENSES The administrative, overhead, secretarial time or secretarial overtime, word processing, photocopying, in-house printing, insurance and other ordinary business expenses are included within the scope of payment for services and are not reimbursable expenses. AJl)J]})ITIONAL SERVICES The CONSULT ANT shall provide additional services only by advanced, written authorization from the CITY. The CONSULT ANT, 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 CONs"ULTANT's proposed maximum compensation, including reimbursable expense, for such services based on the rates set forth in Exhibit C-l. 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. 2 Professional SeIVices Rev. January 2009 \\CC-TERRA\jarreo]\PURCHDOC\SAP Bids and ,Proposa]s\RFP\RFP 131631 DT Lib and MP Jjb and Community Center C M SeIViees\Contraet ClO13163IWRNER.doc POSITION Project Executive Project Manager EXHIBKT 66(:=1 ~~ HOUn Y RATE SCHEDULE HOURLY RATE 20091 $232 $164 Project Engineer/Cost Engineer $105 MEP Engineer $155 Scheduler $126 Estimator $168 Administrative $63 Accounting $101 POSIT][ON IHIOURlLYRATE 20B Project Executive $246 Project Manager $174 Project Engineer/Cost Engineer $111 MEP Engineer $164 Scheduler $134 Estimator $178 Administrative $66 Accounting $107 1 = ~ 2010 $239 $169 $108 $159 $130 $173 $65 $104 2012 $253 $180 $115 $169 $138 $173 $68 $110 Professional Services Rev. 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