HomeMy WebLinkAboutStaff Report 330-08TO:
City of Palo Alto
City Manager’s Report
11
FROM:
DATE:
SUBJECT;
CITY MANAGER DEPARTMENT: PUBLIC WORKS
AUGUST 4, 2008 CMR:330:08
APPROVAL OF A CONTRACT WITH GROUP 4 ARCHITECTURE
RESEARCH + PLANNING, INC. IN THE TOTAL AMOUNT NOT TO
EXCEED $195,400 FOR FORMER LOS ALTOS TREATMENT PLANT
FEASIBILITY STUDY (INCLUDING SPACE NEEDS AND SITING FOR
A NEW ANIMAL SERVICES AND RECYCLE CENTER) CAPITAL
IMPROVEMENT PROGRAM PROJECT PE-09004
RECOMMENDATION
Staff recommends that Council approve and authorize the City Manager or his designee to
execute the attached contract (Attachment A) with Group 4 Architecture Research + Planning,
Inc., in the total amount of $195,400 for the former Los Altos Treatment Plant Feasibility Study.
BACKGROUND
On November 13, 2007, Council approved an agreement with the City of Los Altos (CLA) that
provided for the purchase of the CLA’s one-half interest in a 13.26 acre site at 1237 North San
Antonio Road, commonly known as the Los Altos Treatment Plant (LATP) site. Following the
January 2008 close of escrow on the purchase of the site, staff has worked with the CLA and the
Santa Clara County Local Agency Formation Commission (LAFCO) to complete the annexation
process so that the site will fall within Palo Alto city limits (CMR:409:07).
Staff had been exploring a streamlined procedure for annexing the property, but it now appears
that LAFCO will be the lead agency and that the process will take approximately 6 months.
The LATP site is divided into three areas. The northernmost piece, Area A (4.0 acres), is
undeveloped and currently consists of non-native grasslands on top of fill material and brackish
marsh along the perimeter of a remnant slough channel, separated from Area B by a levee.
Area B (6.64 acres) is the site of the former LATP, which contains a vacant industrial facility,
non-native grassland and six abandoned treatment ponds. Area C (2.62 acreg) is adjacent to the
Los Altos metering and lift station and is primarily undeveloped, mostly non-native grassland.
DISCUSSION
With the closing of Palo Alto’s landfill and the recycling center in 2011 and with the potential
relocation of an automobile dealership to the existing Animal Services Center (ASC) at 3281
East Bayshore Road, there is a need to identify new locations for these and other uses. The
Utility Department also uses the front portion of the ASC to store construction material which
would also need to be relocated. Staff from various departments began meeting in April 2008 to
CMR:330:08 Page 1 of 4
discuss the current status of the LAFCO process, environmental review needs and to identify
other potential sites for a future recycling center, ASC and other uses.
Three sites and various uses were identified as meriting inclusion in a LATP Feasibility Study,
which is proposed as a Capital Improvement Program (CIP) Project for Fiscal Year (FY) 2008-
2009. The sites are the LATP; a non-parkland area adjacent to and on the west side of the
Regional Water Quality Control Plant (RWQCP); and the current Palo Alto Sanitation Company
(PASCO) office on Geng Road. The third site, would only be available however, if it is not
needed by a future refuse contractor. The selection of the next refuse contractor is currently
underway.
The uses that would be considered for one or more of these sites are:
¯Household Hazardous Waste Facility (HHWF). The HHWF involves the collection,
packaging and short-term storage of household wastes such as paints, pesticides,
motor oil, etc. Presently, a temporary HHWF is operated one day a month in the
guest parking lot of the RWQCP.
¯Recycling Center. The space currently occupied by the Recycling Center will be
filled with debris as part of the landfill closure and will need to be relocated.
¯Animal Services Center (ASC). The ASC may need to be relocated from its current
site in order that an expanded automobile dealership could be built on the current East
Bayshore Road site. The Utility Department uses the area in front of the ASC for
storage of construction materials and equipment.
¯Drying Bins. Drying bins are areas where wet spoils from storm drains or other
maintenance work are deposited until they have dried and can be put into the landfill
(or, in the future, put into a transfer station to await transport to the Sunnyvale
Materials Recovery and Transfer (SMART®) Station). Drying bins are currently
located in an area south of the RWQCP that will revert to parkland as part of Byxbee
Park.
o Transfer Stations. Transfer stations are bins where construction debris left over from
daily maintenance activities can be deposited until there is enough of a load to
warrant hauling it to the SMART® Station. This debris is currently taken to the Palo
Alto landfill,
¯Utility Department Staging Yard. Area C of the LATP site is currently used for
equipment and material storage by the Utility Department. This use may need to be
relocated to other areas of the LATP, space permitting.
¯Resource Recovery Station (RRS). As part of the City’s goal of zero waste, a RRS
will be evaluated for placement at one of the potential sites. The RRS is envisioned
as an area where useable construction materials (sinks, doors, lumber, etc.) can be
salvaged from a construction or demolition site and offered for re-use. There is
currently no funding identified for the construction of a facility of this type, nor an
operating policy. The objective of the LATP Feasibility Study is to identify whether
it would be feasible to locate an RRS on the LATP or other site, and if so, to identify
a proposed location, size and approximate construction cost.
CMR:330:08 Page 2 of 4
The contract with Group 4 Architecture Research + Planning, Inc. is for study purposes only and
does not constitute a design contract. The study will balance the various space needs against the
available sites and develop a conceptual site plan showing the possible layout and circulation
patterns for the various uses. This feasibility study together with a further environmental
assessment can then be used by Council to make further decisions regarding appropriate site
uses. Once the uses are approved by Council, detailed design of the various facilities could
commence.
An environmental risk assessment and remediation plan for the former LATP site will be
provided for under a separate agreement with Geosyntec Consultants (CMR:313:08). Previous
studies have revealed relatively minor levels of contamination at the site and cleanup of the site
is required whether or not any development occurs. This remediation plan will include removal
of all existing structures on the site; dewatering and disposal of contaminated water within the
sludge ponds; removal or capping of contaminated soils and soil backfill, sampling and testing
before any new facilities can be located at the site. Any facilities or uses at the former LATP site
will be coordinated so that they do not impact the wetlands area in Area A. In addition, certain
portions of Area B may require approvals from the U.S. Army Corps of Engineers and the State
before site development.
Summary_ of Solicitation Process
Proposal Description/Number Former Los Altos Treatment Plant Site Feasibility Study
(RFP #127358)
Proposed Length of Project 3 months
Number of Proposals Mailed 7
26
Yes
7
4
Total Days to Respond to Proposal
Pre-Proposal Meeting?
Number of Companies at Pre-
Proposal Meeting
Number of Proposals Received:
1.Group 4 Architecture Research
+ Planning, Inc.
2.Kappe + Du Architects
3.Patri Merker Architects
4.Gutierrez/Associates Architects
Range of Proposal Amounts
Submitted
So.SanFrancisco, CA
San Rafael, CA
San Francisco, CA
Oakland, CA
$177,454 to $308,528
An evaluation committee consisting of staff members from the Public Works Operations and
Public Works Engineering reviewed the proposals. The evaluation committee unanimously
selected Group 4 Architecture Research + Planning, Inc. as the top proposer. Group 4
Architecture Research + Planning, Inc. is a large, local design firm with strong experience with
the design of municipal facilities, including storage facilities and animal shelters. They are also
experienced in the design of green buildings.
CMR:330:08 Page 3 of 4
RESOURCE IMPACT
The total contract amount for this study is $195,400. Funding for the Animal Services Center
portion of this study in the amount of $100,000 has been budgeted in Capital Improvement
Program (CIP) Project PE-09004 for fiscal year 2008-2009. Since the project will also address
the needs of the Public Works Operations Division and the Utility Department, $47,700 of the
remaining cost will be paid through CIP RF-07001 (relocation of landfill facilities) and $47,700
through RF-10003 (Drying Beds, Material Storage and Transfer Area).
POLICY IMPLICATIONS
Approval of the contract is consistent with City policies and previous Council direction.
ENVIRONMENTAL REVIEW
This is a planning and feasibility study and therefore not a project subject to environmental
review under Section 15262 of the California Environmental Quality Act (CEQA) Guidelines.
Environmental review will be conducted in connection with the Council’s final approval of uses
at the site.
ATTACHMENTS
Attachment A: Contract
PREPARED BY:
DEPARTMENT HEAD:
gineer
GLENN ROBERTS
Director of Public Works
CITY MANAGER APPROVAL:
;TEVE
Deputy City Managers
CMR:330:08 Page 4 of 4
ATTACHMENT A
CITY OF PALO ALTO CONTRACT NO. C09127358
AGREEMENT BETWEEN THE CITY OF PALO ALTO AND
GROUP 4 ARCHITECTURE, RESEARCH + PLANNING, INC.
FOR PROFESSIONAL SERVICES
FORMER LOS ALTOS TREATMENT PLANT SITE FEASIBILITY STUDY
This AGREEMENT is entered into , by and between the CITY OF
PALO ALTO, a charter city and a municipal corporation of the State of California ("CITY"), and
GROUP 4 ARCHITECTURE, RESEARCH + PLANNING, INC., a corporation in the state of
’California with offices located at 211 Linden Avenue, South San Francisco, CA 94080
("CONSULTANT").
RECITALS
The following recitals are a substantive portion of this Agreement.
A. CITY intends to relocate several existing facilities or operations to new locations within the
City ("Project") and desires to engage a consultant to study and report on the cost and feasibility of
same in connection with the Project ("Services").
B. CONSULTANT has represented that it has 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.
NOW, THEREFORE, in consideration of the 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 terms and conditions contained in this Agreement. The
performance 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 completion of the services in accordance with the Schedule of Performance attached as
Exhibit "B" unless terminated earlier pursuant to Section 19 of this Agreement.
SECTION 3. SCHEDULE OF PERFORMANCE. 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 Agreement shall be commenced and completed by CONSULTANT in a reasonably
prompt and timely manner based upon the circumstances and direction communicated to the
CONSULTANT. CITY’s agreement to extend the term or the schedule for performance shall not
preclude recovery of damages for delay if the extension is required due to the fault of
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CONSULTANT. CONSULTANT is not responsible for delays beyond iis reasonable control.
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 seventy-eight
thousand four hundred dollars ($178,400.00). In the event Additional Services are authorized, the
total Compensation for services and reimbursable expenses shall not exceed one hundred ninety-five
thousand four hundred dollars ($195,400.00). The applicable rates and schedule of payment-are set
out in Exhibit "C", entitled "COMPENSATION," which is attached to and made a part of this
Agreement.
Additional Services, if any, shall be authorized in accordance with and.subject to the provisions of
Exhibit "C". CONSULTANT shall not receive any compensation for Additional Services performed
without the prior written authorization of CITY. Additional Services shall mean any work that is
determined by CITY to be necessary for the proper completion of the Project, but which is not
included within the Scope of Services described in Exhibit "A".
SECTION 5. INVOIICES. In order to request payment, CONSULTANT shall submit monthly
invoices to the CITY describing the services performed and the percentage of completion of each
task or phase of services. 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, if permitted,
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 itself informed of and
ih compliance with all federal, state and local laws, ordinances, regulations, and orders that may
affect in any manner the Project or the performance of the Services or those engaged to perform
Services under this Agreement. CONSULTANT shall 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. 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 h.as prepared plans and specifications or other design
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documents to construct the Project, CONSULTANT shall be obliged to correct any and all errors,
omissions or ambiguities in the plans and specifications or other design documents discovered prior
to and during the course of construction of the Project. This obligation shal! survive termination of
the Agreement.
SECTION 9. COST ESTIMATES. If this Agreement pertains to the design of a public works
project, CONSULTANT shall submit estimates of probable construction costs at each phase of
design submittal. If the total estimated construction cost at any submittal exceeds ten percent (10%)
of the CITY’s stated construction budget, CONSULTANT shall make recommendations to the CITY
for aligning the PROJECT design with the budget, incorporate CITY approved recommendations,
and revise the design to meet the Project budget, at no additional cost to CITY.
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 11. ASSIGNMENT. The parties agree that the expertise and experience of
CONSULTANT are material considerations for this Agreement. CONSULTANT shall not assign or
transfer any interest in this Agreement nor the performance of any of CONSULTANT’s obligations
hereunder without the prior written consent of the city manager. Consent to one assignment will not
be deemed to be consent to any subsequent assignment. Any assignment made without the approval
of the city manager will be void.
SECTION 12. SUBCONTRACTING.
Notwithstanding Section 11 above, CITY agrees that subconsultants may be used to complete the
Services. The subconsultants authorized by CITY to perform work on this Project are.:
1.Davis Langdon (Cost Consultant)
2.GLS (Landscape Design)
3.Mark Thomas & Co. ((Civil Engineering)
4.Maintenance Design Group (Municipal Service Facility Planning)
5.Vence Consulting (Solid Waste Programming)
6.Gumbinger Associates ((Animal Shelter Programming)
7.RBF Consulting (Enviromnental)
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.
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SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Wayne Gehrke as
tee project director to have supervisory responsibili~ for the performance, progress, and execution of
the Services and Dawn Merkes 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 of the CITY’s project manager. CONSULTANT, at CITY’s request, shall promptly
remove personnel who CITY finds do not perform the Services in an acceptable manner, are
uncooperative, or present a threat to the adequate or timely completion of the Project or a threat to
the safety of persons or property.
The City’s project manager is Karen Bengard, Public Works Department, Engineering Division,
located at P.O. Box 10250, Palo Alto, CA 94303, 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 14. OWNERSHIP OF MATERIALS. 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. CONSULTANT
agrees that all copyrights which arise from creation of the work pursuant to this Agreement shall
be vested in CITY, and CONSULTANT waives and relinquishes all claims to copyright or other
intellectual property rights in favor of the CITY. Neither CONSULTANT nor its contractors, if
any, shall make any of such materials available to any individual or organization without the
prior written approval of the City Manager or designee. 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. AUDITS. CONSULTANT will permit CITY to audit, at any reasonable time during
the term of this Agreement and for three (3) years thereafter, CONSULTANT’s records pertaining to
matters covered by this Agreement. CONSULTANT further agrees to maintain and retain such
records for at least three (3) years after the expiration or earlier termination of this Agreement.
SECTION 1.6. INDEMNITY.
16.1. To the fullest extent permitted by law, CONSULTANT shall protect.
indemnit), defend and hold harmless CITY, its Council members, ott5cers, 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 an?, person, propet’ty damage or any other loss, including all costs
and expenses of whatever nature including expems fees, court costs and disbursements ("Claims")
that m’ise out 0~, .pertain to, or :relate to the negligence, recklessness, or will-tEl misconduct of the
CONSULTANT, its officers, elnployees, agents or contractors under this Agreement.
16.2. 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 1.6 shall survive
the expiration or early termination of this Agreement.
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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 of this Agreement.
SECTION 17. 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 sa~ae or of any other term, covenant, condition, provision,
ordinance or law.
SECTION 18. INSURANCE,
18.1. CONSULTANT, at its sole cost and expense, shall obtain and maintain, in full
force and effect during the term of this Agreement, the insurance coverage described in Exhibit "D".
CONSULTANT and its contractors, if any, shall obtain a policy endorsement naming CITY as an
additional insured under any general liability or 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-:VII or higher which are licensed or authorized to
transact insurance business in the State of California. Any and all sub-consultams 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 reasonable approval of
CITY’s Risk Manager and will contain an eni:torsement stating that the insurance is primary coverage
and will not be canceled by the insurer except after filing with the Purchasing Manager thirty (30)
days’ prior written notice of the cancellation. CONSULTANT shall be responsible for ensuring that
current certificates evidencing the insurance are provided to CITY’s Purchasing Manager during the
entire term of this Agreement.
18.4. The procuring of such required policy or policies of insurance will not be
construed to limit CONSULTANT’s liability hereunder nor to fulfill the indemnification provisions
of this Agreement.
SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES.
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 terminate this Agreement or suspend its performance of
the Services by giving thirty (30) days prior written notice thereof to CITY, but only in the event of a
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CITY OF PALO ALTO CONTRACT NO. C09127358
substantiaI 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 CONSULTANT,
CITY .will be obligated to compensate CONSULTANT only for that portion of CONSULTANT’s
services which are of direct and immediate benefit to CITY as such determination may be made by
the City Manager acting in the reasonable exercise of his/her discretion
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 CONSULTANT recited above
SECTION 21. CONFLICT OF INTEREST.
21.1. 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.
21.2. CONSULTANT further covenants that, in the performance of this Agreement,
it will not employ sub-consultants, 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 of California.
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21.3.If the Project Manager determines that CONSULTANT is a "Consultant" as
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CITY OF PALO ALTO CONTRACT NO. C09127358
that term is defined by the Regulations of the Fair Political Practices Commission, CONSULTANT
shall be required and agrees to file the appropriate financial disclosure documents required by the
Palo Alto Municipal Code and the Political Reform Act.
SECTION 22. NONDISCRIMINATION. As set forth in Palo Alto Municipal code section
2.30.510, CONSULTANT certifies that in the performance of this Agreement, it shall not
discriminate in the employment of any person because of the race, skin color, gender, age, religion,
disabilit3), 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, including completing the form furnished by
CITY and set forth in Exhibit "E."
SECTION 23. MISCELLANEOUS PROVISIONS.
23.1. This Agreement will be governed by the laws of the State of California.
23.2. 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.
23.3. 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.
23.4. 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.
23;5. The covenants, terms, conditions and provisions of this Agreement will apply
to, and will bind, the heirs, successors, executors, administrators, assignees, and consultants of the
parties.
23.6. 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.
23.7. 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.
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23.8.This Agreement is subject to the fiscal provisions of the Charter of the City of
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CITY OF PALO ALTO CONTRACT NO. C09t27358
Palo Alto and the Palo Alto Municipal Code. This Agreement will terminate without any penalty (a)
at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year,
or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion 0fthe
fiscal year and funds for this Agreement are no longer available~ This Section 23.8 shall take
precedence in the event of a conflict with any other covenant, term, condition, or provision of this
Agreement.
23.9. The individuals executing this Agreement represent and warrant that they have
the lega! capacity and authority to do so on behalf of their respective legal entities.
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IN WITNESS WHEREOF, the pa~ies hereto have by their duly authorized
representatives executed this Agreement on the date first above written.
CITY OF PALO ALTO
City Manager
APPROVED AS TO FORM:
Senior Asst. City Attorney
APPROVED:
Director of Administrative
Services
GROUP 4 ARCHITECTURE,
RESEARCH + PLANNING, INC,
By:
Name:,
Title:
Taxpayer Identification No.
Attachments:
EXHIBIT "A":
EXHIBIT "B":
EXHIBIT "C":
EXHIBIT "C-I"
EXHIBIT "D":
EXHIBIT "E":
SCOPE OF SERVICES
SCHEDULE OF PERFORMANCE
COMPENSATION
HOURLY RATE SCHEDULE
INSURANCE REQUIREMENTS
CERTIFICATION OF NONDISCRIMINATION
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EXHIBIT "A"
SCOPE OF SERVICES
1.0 THEPROJECT
The City of Palo Alto (City) needs to identify space for various City facilities, including a new
Animal Shelter, a resource recovery facility, a recycling center, a household hazardous waste
drop-off site, a Utilities Department storage and staging area and a transfer station that would
include temporary storage and drying bins for wet spoils. The City has three potential sites
(listed below) that they would liked analyzed for the uses listed above.
The three sites include; Areas B and C of the former Los Altos Treatment Plant (LATP) site, and
the former Palo Alto Sanitation Company Yard (PASCO) site and the area west of the Regional
Water Quality Control Plant. The LATP site Area A is anticipated to be developed as a wetlands
area under a separate contract and will not be included in this study. An overall design is needed
for the preferred sites.
The various facility needs that need to be evaluated include the Animal Shelter, a possible
resource recovery facility, a recycling center, a household hazardous waste drop-off site, Utilities
Department storage and staging area and a transfer station that would include temporary storage
and drying bins for wet spoils. Preliminary program and adjacency statements will be developed
for each of these needs to assist with the development and evaluation of site strategies. The new
animal shelter will need to be designed to meet the requirements for a LEED Silver building.
2.0 RESPONSIBILITIES OF THE CITY
2.1 Throughout the Project, the City will have the following responsibilities and will provide
the following information and services on behalf of the Project:
2.1.1 A project representative who is authorized to make decisions in a timely manner with
respect to the overall project.
2.1.2 Management of the overall project budget.
2.1.3 Information about the City’s needs.
2.1.4 Information about space requirements.
2.1.5 Digital files of site plan and aerial photograph.
2.1.6 Topographic, boundary and utility survey if needed.
2.1.7 Special studies, testing and/or the services of special consultants required by the
government agencies having jurisdiction over the Project.
3.0 BASIC SERVICES -Scope & Work Plan Outline
3.1 The Consultant shall provide feasibility study services for the former Los Altos Treatment
Plant Site, the Palo Alto Sanitation Company Site and the area west of the Regional Water
Quality Control Plant. Technical design and engineering services are not included in the Scope of
Basic Services.
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PHASE 1: SITE PLAIVNING
3.2 PROJECT INITIATION:
3.2.1 The Consultant shall refine Project Work Plan, Directory & Schedule.
3.2.2 The Consultant shall review existing information.
3.2.3 The Consultant shall develop Project Goals and Objectives.
3.2.4 The Consultant shall conduct Project Kick Off Meeting (Project Management
Team Meeting #1).
Meetings:Project Kick-off Meeting (Project Management Team Meeting #1)
Deliverables: Project Work Plan, Project Directory, Project Schedule, PMT Meeting #1 Meeting
Notes
3.3 NEEDS ASSESSMENT & PRELIMINARY PROGRAMMING
3.3.1 The Consultant shall conduct Staff interviews for - Animal Shelter, Recycling Center,
Household Hazardous Waste Drop Off, Utilities Dept. storage & staging, transfer station &
drying bins, and Resource Recovery Facility,
3.3.2
3.3.3
.1
.2
.3
.4
.5
.6
The Consultant shall tour existing facilities
The Consultant shall develop Summary Statement of Needs ~nd Adjacencies for:
Animal Shelter
Recycling Center
Household Hazardous Waste Drop Off Site
Utilities Dept. storage & staging
Transfer Station & Drying Bins
Resource Recovery Facility
This will be in a summary format no technical data and no detailed program
3.3.4 The Consultant shall conduct Project Management Team Meeting (PMT) #2 to review
Summary Statement of Needs and Adjacencies.
Meeting: PMT Meeting #2
Deliverables: Summary Statement of Needs and Adjacenc.ies for; Animal Shelter, Resource
Recovery Facility, Recycling Center, Household Hazardous Waste Drop Off Site, Utilities Dept.
storage & staging, Transfer Station & Drying Bins. PMT #2 Meeting Notes
3.4 SITE ANALYSIS
3.4.1 The Consultant shall conduct Site Analysis for three sites- the Former Los Altos
Treatment Plant Site, the Regional Water Control Plant and the PASCO site. Included in the
review are:
¯ 1 aerial and survey data
.2 site capacity and utilities
.3 environmental factors and flood zone issues
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.4 opportunities and constraints
3.4.2 The Consultant shall conduct PMT #3 to review Site Analysis for three sites.
Meetings: PMT Meeting #3
Deliverables: Site Analysis for the Former Los Altos Treatment Plant Site, the Regional Water
Control Plant and the PASCO site. PMT #3 Meeting Notes
3.5 DEVELOPMENT STRATEGIES
3.5.1
3.5.2
.1
.2
.3
.4
3.5.3
3.5.4
.1
.2
A,
3.5.5
The Consultant shall conduct PMT #4 to preview Site Strategy Options
The Consultant shall develop Preliminary Site Strategy Options for three sites:
Bubble diagrams for Program elements.
Site design concepts, including circulation and access
Landscape concepts
Develop site option evaluation criteria
The Consultant shall conduct PMT #5 to review Site Strategy Options
The Consultant shall refine Strategy Options
Integrate PMT review comments into Site Strategy Options
Conduct Civil Engineering review workshop to review each preferred site strategy
address and incorporate civil review comments into site strategies
3. Develop preliminary cost models for site options
The Consultant shall conduct PMT #6 to review refined option and Stakeholder
comments
Meetings: PMT Meeting #4, 5 & 6
Deliverables: Preliminary Site Strategy Options, Refined Strategy Options, Site Strategy Cost
Models, and PMT #4 & 5 Meeting Notes
3.6 FEASIBILITY STUDY
3.6.1 The Consultant shall refine Development Strategy Options per review comments
3.6.2 The Consultant shall refine Cost Models
3.6.3 The Consultant shall develop Feasibility Study Presentation for Feasibility Planning
process and recommended site strategies
3.6.4 The Consultant shall draft Feasibility Study Report
3.6.5 The Consultant shall conduct PMT #6 to present Feasibility Study Report
3.6.6 The Consultant shall incorporate City Review Comments into Feasibility Study Report
3.6.7 The Consultant shall submit Final Feasibility Study
Meetings: PMT Meeting #7
Deliverables: Draft Feasibility Study Report, Final Feasibility Study Report, Feasibility Study
PowerPoint Presentation and PMT #7 Meeting Notes
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CITY OF PALO ALTO CONTRACT NO. C09127358
3.7 ADDITIONAL PARTICIPATION
3.7.1 Additional Project Participation as authorized in writing by the City and the Consultant
may include:
3.7.2
3.7.3
3.7.4
.1
.2
.3
.4
Stakeholder Programming & Site Strategy Workshop
Stakeholder Development Strategy Workshop
Presentations
Architectural Review Board
Planning & Transportation Commission
Park and Recreation Commission
City Council
3.8 REIMBURSABLE EXPENSES’
Reimbursable expenses are in addition to compensation for Basic Services in Exhibit A
and include expenses incurred by the Consultant and sub-consultants in the interest of the
prqiect, as identified in the following clauses.
Reimbursable expenses related to the project, whether for consultant, sub-consultant, or client
use, are billable at 1.10 times direct cost or at the rates indicated below. Such costs include, but
are not necessarily limited to:
CAD plotting of check sets and presentation drawings larger than 11"x17" foot.
Outside service printing/copying of drawings and documents of any size.
In-house black and white priming/copying of drawings larger than 11 "x 17".
In-house black and white priming/copying for draft and final reports and specifications.
In-house color and grayscale printing and photocopying up to 1 l"xl 7" for in-house,
consultant or client use.
Software purchase and licensure on behalf of the client with prior client approval.
Postage, delivery and messenger service.
Photographic and digital imaging, including color and gray scale copies of any size.
Outside telephone conferencing services.
Overtime expenses with prior client approval.
Architectural renderings, physical and digital scale models and animations.
Travel expenses such as mileage, bridge tolls, and meals.
Presentation boards.
Facilitation tools.
Workshop accessories and facilitation materials.
Videos, web services, opinion surveys.
The following expenses are included in the hourly billing rates and are not billed separately:
[] General in-house black and white printing/copying of 1 l"x 17" or smaller, except as noted
above.
[] Telephone and fax usage, unless stipulated otherwise by Agreement.
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4.0
CITY OF PALO ALTO CONTRACT NO. C09127358
ADDITIONAL SERVICES
4.1 If directed by the City, the Consultant shall provide other professional services as
mutually agreed to by t.he parties to this Agreement.
5.0 OPTIONAL SERVICES
PHASE 2. Upon successful completion of the above Scope of Work, the selected Consultant
may be asked to negotiate a fee for continued design of the projects. This work might include,
but not be limited to conceptual, schematic and constructiondocuments for the new Animal
Shelter or other components of the study
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EXHIBIT "B"
SCHEDULE OF PERFORMANCE
CONSULTANT shall perform the Services so as to complete each milestone within the number
of weeks specified below. The time to complete each milestone may be increased or decreased
by mutual written agreement of the proj ect managers for CONSULTANT and CITY so long as
all work is completed within the term of the Agreement. CONSULTANT shall provide a
detailed schedule of work consistent with the schedule below within 2 weeks of receipt of the
notice to proceed.
Milestones Completion
No. of Weeks
From NTP
1.Task 1.0: Project Initiation
2.Task 2.0: Needs Assessment & Programming
3.Task 3.0: Site Analysis
4.Task 4.0: Development Strategies
5.Task 5.0: Feasibility Study
weeks
2 weeks
6 weeks
6 weeks
6 weeks
3
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CITY OF PALO ALTO CONTRACT NO. C09127358
EXHIBIT "C"
COMPENSATION
The CITY agrees to compensate the CONSULTANT for professional services performed in
accordance with the terms and conditions of this Agreement, and as set forth in the budget
schedule below. Compensation shall be calculated based on 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
$178,400.00. CONSULTANT agrees to complete all Basic Services, including reimbursable
exp, enses, within this amount. In the event CITY authorizes any Additional Services, the
maximum compensation shall not exceed $195,400.00. 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 $178,400.00 and the total
compensation for Additional Services does not exceed $17,000.00.
BUDGETSCHEDULE NOT TO EXCEED AMOUNT
Task 1 $10,000
(Project Initiation)
Task 2
(Needs Assessment & Programming)
$32,650
Task 3 $30,850
(Site Analysis)
Task 4
(Development Strategies)
$74,900
Task 5 $15,000
(Feasibility Study)
Sub-total Basic Services
Reimbursable Expenses
$163,400
$15,000
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Total Basic Services and Reimbursable expenses
Additional Services (Not to Exceed)
Maximum Total Compensation
REIMBURSABLE EXPENSES
$178,400
$17,000
$195,400
The administrative, overhead, secretarial time or secretarial overtime, word processing,
photocopying, in-ho.use printing; insurance mad other ordinary business expenses are included
within the scope of payment for services and are not reimbursable expenses. CITY shall
reimburse CONSULTANT for the following reimbursable expenses at cost. Expenses for
which CONSULTANT shall be reimbursed are:
A. Travel outside the San Francisco Bay area, including transportation and meals, will be
reimbursed at actual cost subject to the City of Palo Alto’s policy for reimbursement of travel
and meal expenses for City of Palo Alto employees.
B. Long distance telephone cellular phone, facsimile transmission and postage charges are
reimbursable at actual cost.
All requests for payment of expenses shall be accompanied by appropriate backup information.
Any expense anticipated to be more than $1,000.00 shall be approved in advance by the
CITY’s project manager.
ADDITIONAL SERVICES
The CONSULTANT shall provide additional services only by advanced, written authorization
from the CITY. The CONSULTANT, at the CITY’s project manager’s request, shall submit a
detailed written proposal including a description of the scope of services, schedule, level of
effort, and CONSULTANT’s proposed maximum compensation, including reimbursable
expense, for such services based on the rates set forth in Exhibit C-1. 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
Work required because the following conditions are not satisfied or are exceeded shall be
considered as additional services. Additional services include, but not limited to:
Meetings, testing or Design services not covered in Basic Services.
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EXHIBIT "C-I"
HOURLY RATE SCHEDULE
HOURLY RATE SCHEDULE - GROUP 4
POSITION
Principal in Charge
Principal
Associate
Project Manager
Professional I
Professional II
Professional III
Technical I
Technical II
Technical III
Technical IV
Project Support
HOURLY RATE
$185.00
$165.00
$145.00
$135.00
$125.00
$115.00
$105.00
$110.00
$100.00
$90.OO
$80.00
$70.00
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CITY OF PALO ALTO CONTRACT NO. C09127358
EXHIBIT "D"
INSURANCE REQUIREMENTS
CONTRACTORS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERN[ OF THE CONTRACT OBTAIN
AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITH AM
BEST’S KEY RATING OF A-:VII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE
STATE OF CALIFORNIA.
AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REOUIREMENTS, AS SPECIFIED, BELOW:
MINIMUM LIMITS
REQUIRED TYPE OF COVERAGE REQUIREMENT EACH
OCCURRENCE ,AGGREGATE .
YES WORKER’S COMPENSATION STATUTORY
YES EMPLOYER’S LIABILITY STATUTORY
BODILY INJURYYES
YES
GENERAL LIABILITY, INCLUDING
PERSONAL INJURY, BROAD FORM
PROPERTY DAMAGE BLANKET
CONTRACTUAL, AND FIRE LEGAL
LIABILITY
AUTOMOBILE LIABILITY,
INCLUDING ALL OWNED, HIRED,
NON -OWNED
PROFESSIONAL LIABILITY,
INCLUDING, ERRORS AND
OMISSIONS, MALPRACTICE
(WHEN APPLICABLE), AND
NEGLIGENT PERFORMANCE
YES
PROPERTY DAMAGE
BODILY INJURY& PROPERTYDAMAGE
COMBINED.
BOD1LY1NJURY
EACH PERSON
EACH OCCUP, I~NCE
PROPERTY DAMAGE
BODILY INJURY AND PROPERTY
DAMAGE, COMBINED
ALL DAMAGES
$1,000,000
$l,000,000
$1,000,000
$1,000,000
$1,000,000
$i,000,000
$1,000,000
$I,000,000
$i,000,000
$i,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,ooo,ooo
$1,000,000
$1,000,000
YES THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONTRACTOR, AT ITS SOLE COST AND
EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY
RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONTRACTOR AND ITS
SUBCONSULTANTS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’ COMPENSATION, EMPLOYER’S LIABILITY AND
PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS,
AND EMPLOYEES,
I.INSURANCE COVERAGE MUST INCLUDE:
A.A PROVISION FOR A WRITTEN THIRTY DAY ADVANCE NOTICE TO CITY OF CHANGE IN
COVERAGE OR OF COVERAGE CANCELLATION; AND
B.A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR
CONTRACTOR’S AGREEMENT TO INDEIVINIFY CITY.
DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITY’S PRIOR APPROVAL.
CONTACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE.
III.ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO "ADDITIONAL
INSUREDS"
A.PRIMARY COVERAGE
WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE AS
AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING WITH ANY OTHER
INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS.
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B.CROSS LIABILITY
THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE POLICY SHALL
NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER, BUT THIS
ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF
THE COMPANY UNDER THIS POLICY.
C.NOTICE OF CANCELLATION
IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER
THAN THE NON-PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY
AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF
CANCELLATION.
IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT
OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A TEN (10) DAY
WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
NOTICES SHALL BE MAILED TO:
PURCHASING AND CONTRACT ADMINISTRATION
CITY OF PALO ALTO
P.O. BOX 10250
PALO ALTO, CA 94303
080730
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CITY OF PALO ALTO CONTRACT NO. C09127358
EXHIBIT "E"
CERTIFICATION OF NONDISCRIMINATION
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 and will not during the course of this contract discriminate in the
employment of any person because of race, skin color, gender, age, religion, disability, national
origin, ancestry, sexual orientation, housing status, marital status, familial status, weight or
height of sucli person and that they are in compliance with all Federal, State, and local
directives and executive orders regarding nondiscrimination in employment.
THE INFORMATION HEREIN IS CERTIFIED CORRECT BY SIGNATURE(S) BELOW.
Authorized Signature:/:.iZz _.~ ...........
Date: "7, "~dP, ~P~(~
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