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HomeMy WebLinkAboutStaff Report 343-06City of Palo Alto City Manager’s Report TO:HONORABLE CITY COUNCIL FROM:CITY MANAGER DEPARTMENT: PUBLIC WORKS DATE: SUBJECT: SEPTEMBER 11, 2006 CMR:343:06 APPROVAL OF A CONTRACT WITH GROUP 4 ARCHITECTURE, RESEARCH + PLANNING, INC., IN THE AMOUNT OF $257,325 FOR ARCHITECTURAL AND ENGINEERING DESIGN SERVICES FOR THE MITCHELL PARK LIBRARY SPACE STUDY -CAPITAL IMPROVEMENT PROGRAM PROJECT PE-07011 RECOMMENDATION Staff recommends that Council: Approve and authorize the City Manager to execute the attached contract with Group 4 Architecture, Research + Planning, Inc. (Attachment A) in the amount of $257,325 for Architectural and Engineering design services for the Mitchell Park Library Space Study PE-07011, including $233,932 for basic services and $23,393 for additional services. BACKGROUND In December 2004, the City Council directed the Library Advisory Commission (LAC) to "recommend a strategy for creating a full-service library at the existing site or another site, a strategy to include maintaining neighborhood facilities and distributed services; to maintain collection services, and to direct the LAC to recommend a redefinition of branch services." Council later directed staff and the LAC to "determine how big Mitchell Park Library needs to be" and "prepare preliminary cost models/projections/estimates for capital needs." On June 12, 2006, Council approved: a recommended project timeline and methodology for determining the potential size and costs of the new Mitchell Park Library; ¯deferring infrastructure upgrades on the College Terrace Library to give staff the necessary time to work on the Mitchell Park Library study (CMR:260:06, Attachment B). The contract contained herein for Council approval will meet the Council-directed study completion date of no later than December 18, 2006 and will provide conceptual size, space and cost information for use by the LAC and Council. The consultant will work with a team CMR: 123:06 Page 1 of 4 comprised of members from Public Works, Library and Community Services (Recreation Center) and with a Mitchell Park Library focus group from the LAC. DISCUSSION Scope of Services Description The scope of work to be performed under the contract is to: ¯ evaluatefour scenarios related to the Mitchell Park Library site: a) Demolish the existing library and construct a new library without adversely impacting the Community Center. b) Construct a new library on the surface parking lot south of the community center and add surface parking where the library currently stands. c) Demolish the existing Library and Community Center and construct a combined facility on the site. d) Expand the existing library and incorporate a new Community Center into an expanded, remodeled library, ¯provide cost estimates for each of the above scenarios. The draft scope of services was reviewed and approved by Council with CMR.:260:06 (Attachment B) on June 12, 2006. Refer to Exhibit A of the contract for the complete Scope of Services. A consultant is needed to provide technical and architectural expertise for the new technologies that City staff cannot provide. Library staff and the LAC requested that the consultant look at what accommodations would need to be made at the Main and Downtown libraries due to any services that might be relocated from those sites into a new Mitchell Park Library. As part of the attached scope of work, Group 4 will study whether a remodel or a reconfiguration of the Main and/or Downtown libraries would be the most beneficial, and the conceptual cost of that work. Summary of Solicitation Process Proposal Description Proposed Length of Project Number of Proposals Mailed Total Days to Respond to Proposal Pre-proposal Meeting Date Number of Company Attendees at Pre-proposal Meeting Number of Proposals Received: Company Name 1. Group 4 Architecture, Planning + Design 2. BSA Architects Name/Number of Proposal Group 4 Architecture, Research + Planning, Inc. 4 months 31 29 June 29, 2006 14 8 Location (City, State) South San Francisco, CA San Francisco, CA Selected interview?. Yes for oral Yes CMR:343:06 Page 2 of 4 3.EHDD Architecture 4.Carrier-Johnson 5.The KPA Group 6.JCJ Blackman Architecture 7.Hamilton-Aitken 8.Mark Cavagnero Associates San Francisco, CA Oakland, CA Oakland, CA San Diego, CA San Francisco, CA San Francisco, CA $61,100, to $199,500 Yes No No No No No The Request for Proposals (RFP) was posted at the Civic Center and on the City website. An evaluation committee consisting of staff members from the Public Works Engineering, Library, Community Services, LAC and Parks and Recreation Commission reviewed the proposals. Three firms were invited to participate in oral interviews on August 3, 2006. The committee carefully reviewed each firm’s qualifications and submittal in response to the criteria identified in the RFP. The criteria used to select a firm were project management strengths and qualifications, design aesthetics and technical expertise. Group 4 Architecture, Research + Planning, Inc. was selected based on its extensive experience in library programming and design as opposed to the other firms submitting proposals. In addition, Group 4 Architects prepared the design and cost estimates for the previous 2002 library bond measure and as such has extensive knowledge of the Mitchell Park Library site which will be important considering the compressed timeline for this study. The firm is exempt from complying with the financial disclosure provisions of the City’s conflict of interest code because the firm’s range of duties and services to be provided under the contract are limited in scope or are primarily ministerial in nature. The contract includes a provision to retain Group 4 Architecture for future Mitchell Park Library studies or design, should it prove responsive to the City’s needs and the quality of its work is acceptable. RESOURCE IMPACT Funding for this study is included Capital Improvement Program project PE-07011 Library Service. POLICY IMPLICATIONS This recommendation is consistent with Council’s direction to the LAC and consistent with the establishment of the Library as a Top 3 priority for 2006. TIMELINE The consultant will begin its work shortly after contract approval and findings will be presented at the October and November LAC meetings as they are developed. The consukant will work closely with staff and with an LAC subgroup so that the formal presentation at the LAC will be clearly understood and contain the information that the LAC needs to make its recommendations to Council. The LAC’s recommendations will be available for presentation to Council by no later than December 18, 2006. CMR:343:06 Page 3 of 4 closely with staff and with an LAC subgroup so that the formal presentation at the LAC will be clearly understood and comain the information that the LAC needs to make its recommendations to Council. The LAC’s recommendations will be available for presentation to Council by_ .no later than December 18, 2006. ENVIRONMENTAL REVIEW This limited-scope project is categorically exempt from California Environmental Quality Act (CEQA). ATTACHMENTS Attachment A: Contra~t (includes Scope of Services and Certification of Nondiscrimination) Attachment B: CMR:260:06 PREPARED BY: DEPARTMENT HEAD: CITY MANAGER APPROVAL: I¢2AREN BENGARD Senior Engineer GLENN ROBERTS Director of Public Works Assistant City Manager CMR:343:06 Page 4 of 4 ATTACHMENT A CITY OF PALO ALTO CONTRACT NO. C07118134 AGREEMENT BETWEEN THE CITY OF PALO ALTO AND GROUP 4.ARCHITECTURE, RESEARCH + PLANNING, INC. FOR PROFESSIONAL SERVICES MITCHELL PARK LIBRARY SPACE STUDY This AGREEMENT is .entered into , by and between the CITY OF PALO ALTO, a California Charter City ("CITY"), and GROUP 4 ARCHITECTURE, RESEARCH + PLANNING, INC., a California corporation 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 improve the Mitchell Park Library("Project") and desires to engage a consultant to study options for improving and/or expanding library space in connection with the Project ("Services"). B. CONSULTANT has represented that it and any subconsultants have the necessary professional skill and expertise, qualifications, and .capability, and all required licenses and/or certifications to provide the Services. C. CITY in reliance on these representations desires to engage CONSULTANT to provide the Services as more fully described in Exhibit "A", attached to and made a part of this Agreement. D. CONSULTANT has agreed to perform the Services on the terms and conditions contained in this Agreement. NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, this Agreement, the parties agree: AGREEMENT SECTION i. SCOPE OF SERVICES. CONSULTANT shall perform the Services described in Exhibit "A" in accordance with the terms and conditions contained in this Agreement. The performance of 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 the completion of the services unless terminated earlier pursuant to Section 21 of this Agreement. SECTION 3. SCHEDULE OF PERFORMANCE.Time is of the essence in the 050310 1 CITY OF PALO ALTO CONTRACT NO. C07118134 performance of Services under this Agreement...CONSULTANT shal~ complete the Services within the term of this Agreement and in accordance with the schedule set forth in Exhibit ~B", attached to and made a part of this Agreement. Any Services for which times for performance are not specified in this Agreement shall be commenced and completed by CONSULTANT in a reasonably prompt and timely manner based upon the circumstances and direction communicated to the CONSULTANT. CITY’s agreement to extend the term or the schedule for performance shall not preclude recovery of damages for delay if the extension is required due to the fault of CONSULTANT. SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to CONSULTANT for performance of the Services described in Exhibit ~A", including both payment for professional services (Basic Services) and reimbursable expenses, shall not exceed two hundred twenty-three thousand nine hundred thirty-two dollars ($223,932.00). In the event Additional Services are authorized, the total compensation for services and reimbursable expenses shall not exceed two hundred fifty-seven thousand three hundred twenty-five dollars ($257,325.00). 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 CITX 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, and hourly rates for additional services, and reimbursable expenses), based upon the CONSULTANT’s billing rates (set forth in Exhibit "C") . If applicable, the invoice shall also describe the percentage of completion of each task. The information in CONSULTANT’s payment requests shall be subject to verification by CITY. Send all invoices to the CITY attention the Project Manager. The Project Manager is: Karen Bengard, Dept.: Public Works, Engineering Division, P.O. BOX 10250, Palo Alto, CA 94303, Telephone: 650-329- 2636. SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All of the Services shall be performed by CONSULTANT or under CONSULTANT’s supervision. CONSULTANT represents that it possesses the professional and technical personnel necessary to perform the Services required by this Agreement and that the personnel have sufficient skill and experience to perform the Services assigned to them. CONSULTANT 050310 CITY OF PALO ALTO CONTRACT NO. C07118134 represents that it, its employees and subconsultants have and shal!._. maintain during the term of this Agreement all licenses, permits, qualifications, ~nsurance 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 in compliance with all federal, state and local laws, ordinances, regulations, and orders that may affect in any manner the Project or the performance of the Services or those engaged to perform Services under this Agreement. CONSULTANT shall procure all permits and licenses, pay all charges and fees, and give all notices required by law in the performance of the Services CONSULTANT shall report immediately to the CITY’s project manager, in writing, any discrepancy or inconsistency it discovers in the laws, ordinances, regulations, orders, and/or guidelines in relation to the Project of the performance of the Services° All documentation prepared by CONSULTANT shall provide for a completed project that conforms to all applicable codes, rules, regulations and guidelines that are in force at the time such documentation is prepared. SECTION 8. ERRORS/OMISSIONS. CONSULTANT shall correct, at no cost to CITY, any and all errors, omissions, or ambiguities in the work product submitted to CITY, provided CITY gives notice to CONSULTANT. If CONSULTANT has prepared plans and specifications or other design documents to construct the Project, CONSULTANT shall be obligated to correct any and all errors, omissions or ambiguities discovered prior to and during the course of construction of the Project.This obligation shall survive termination of the Agreement. SECTION 9. COST ESTIMATES. CONSULTANT shall submit estimates of probable construction costs at each phase of design submittal. If the total estimated construction cost at any submittal exceeds ten percent (10%) of the CITY’s stated construction budget, CONSULTANT shall make recommendations to the CITY for aligning the PROJECT design with the budget, incorporate CITY approved recommendations, and revise the design to meet the Project budget, at no additional cost to CITY. SECTION i0. INDEPENDENT CONTRACTOR. It is understood and agreed that in performing the Services under this Agreement CONSULTANT, and any person employed by or contracted with CONSULTANT to furnish 050310 CITY OF PALO ALTO CONTRACT NO. C07118134 labor and/or materials under this Agreement, shal! act as and be a~_. independent contractor and not an agent or employee of the CITY. The manner an~ means of conducting the Services are the responsibility of and under the control of CONSULTANT, except to the extent they are limited by applicable law and the express terms of this Agreement. CONSULTANT will be responsible for employing or engaging all persons necessary to perform the Services. All contractors and employees of CONSULTANT are deemed to be under CONSULTANT’S exclusive direction and control. CONSULTANT shall be responsible for their performance. SECTION ii. ASSIGNMENT. The parties agree that the professional skill, expertise and experience of CONSULTANT are material considerations for this Agreement. CONSULTANT shall not assign or transfer any interest in this Agreement nor the performance of any of CONSULTANT’s obligations hereunder without the prior written consent of the city manager. Consent to one assignment will not be deemed to be consent to any subsequent assignment. Any assignment made without the approval of the city manager will be void. SECTION 12. SUBCONTRACTING. Notwithstanding Section ii above, CITY agrees that subconsultants may be used to complete the Services. The subconsultants authorized by CITY to perform work on this Project are: 1 2 3 4 5 6 Gates & Associates - Landscape Davis Langdon - Cost Consulting Fehr Peers - Transportation/Traffic Page + Moris - Library Consultant O’Mahony & Myer - Electrical Lighting Guttmann & Blaevoet - Mechanical 7 Rutherford & Chekene - Structural 8 Watry Design Group 9 Other subconsultants may be added during the course of the project with approval of the project manager. CONSULTANT shall be responsible for directing the work of any subconsultants and for any compensation due to subconsultants. CITY assumes no responsibility whatsoever concerning such compensation. CONSULTANT shall be fully responsible to CITY for all acts and omissions of a subconsultant. CONSULTANT shall change 050310 CITY OF PALO ALTO CONTRACT NO. C07118134 or add subconsultants only with the prior approval of the city_. manager or his designee. SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Wayne Gehrke as the project director to have supervisory responsibility for the performance, progress, and execution Of the Services and Dawn Merkes and David Schnee as the project coordinators to represent CONSULTANT during the day-to-day work on the Project. If circumstances or conditions subsequent to the execution of this Agreement cause the substitution of the project director, project coordinator, or any other key personnel for any reason, the appointment of a substitute project director and the assignment of any key new or replacement personnel will be subject to the prior written approval of the CITY’s project manager. CONSULTANT, at CITY’s request, shall promptly remove personnel who CITY finds do not perform the Services in an acceptable manner, are uncooperative, or present a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property. The city manager will represent CITY for all purposes under this Agreement. Karen Bengard is designated as the project manager for the CITY and will be assisted by Debra Jacobs, the Project Engineer. The project manager will be CONSULTANT’s point of contact with respect to performance, progress and execution of the Services. The CITY may designate an alternate project manager from time to time. SECTION 14. DUTIES OF CITY. To assist CONSULTANT in the performance of the Services, CITY will furnish or cause to be furnished the specified services and/or documents described in Exhibit ~A" and such other available information as may be reasonably requested by CONSULTANT. SECTION 15. OWNERSHIP OF MATERIALS. 15.1. All drawings, plans, reports, specifications, calculations, documents, other materials and copyright interests (including all copyrightable interests arising under the 1990 Architectural Works Copyright Protection Act) developed or discovered by CONSULTANT or any other person engaged directly or indirectly by CONSULTANT to perform the services required hereunder shall be and remain the property of CITY without restriction or limitation upon their use. Neither CONSULTANT nor its contractors, if any, shall make any of. such materials available to any individual or organization without the prior written approval of the city manager or designee. 15.2. In addition to the provisions of Subsection 15olo, above, the following shall apply to all plans, drawings, specifications, and related reports and documents, and electronic 050310 CITY OF PALO ALTO CONTRACT NO. C07118134 equivalents (collectively "Plans") developed pursuant to this Agreement: 15.2.1. CITY shall have the right to reproduce and use the Plans forpurposes of the Project that is the subject of this Agreement, including, but not limited to, any use associated with construction, reconstruction, modification, management, maintenance, and renovation of the Project. 15.2.2. CITY shall have the right to reproduce, use and modify the PLANS, or portions thereof, in the design and construction of any other future CITY project. CITY acknowledges that CONSULTANT does not warrant the suitability of the PLANS for reuse other than as needed for the Project that is the subject of this AGREEMENT. 15.2.3. The right of the CITY to modify and reuse the PLANS pursuant to this Subsection 15.2. is subject to the provisions of California Business and Professions Code Sections 5536.25, 6735, 6735.3 or 6735.4, whichever is applicable. SECTION 16. AUDITS. CONSULTANT will permit CITY to audit, at any reasonable time during the term of this Agreement and for three (3) years thereafter, CONSULTANT’s records pertaining to matters covered by this Agreement. CONSULTANT further agrees to maintain and retain such records for at least three (3) years after the expiration or earlier termination of this Agreement. SECTION 17. INDEMNITY. To the fullest extent permitted by law, CONSULTANT shall protect, indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents (each an ~Indemnified Party") from and against any and all demands, claims, or liability of any nature, including death or injury to any person, property damage or any other loss, including all costs and expenses of whatever nature including attorneys fees, experts fees, court costs and disbursements (~Claims") resulting from, arising out of or in any manner related to, in whole or in part, any negligent acts, errors or omissions of CONSULTANT, its officers, employees, agents or contractors under this Agreement, regardless of whether or not it is caused in part by. an Indemnified Party° Notwithstanding the above, nothing in this Section 17 shall be construed to require CONSULTANT to indemnify an Indemnified Party from Claims arising from the active negligence, sole negligence or willful misconduct of an Indemnified Party. The acceptance of CONSULTANT’s services and duties by CITY shall not operate as a waiver of the right of indemnification° The provisions of this Section 17 shall survive the expiration or early termination of this Agreement. 6 050310 CITY OF PALO ALTO CONTRACT NO. C07118134 SECTION 18. WAIVERS. The waiver by either party of any breach__. or violation of ~ny covenant, term, condition or provision of this Agreement, or of the provisions of any ordinance or law, will not be deemed to be a waiver of any other term, covenant, condition, provisions, ordinance or law, or of any subsequent breach or violation of the same or of any other term, covenant, condition, provision, ordinance or law. SECTION 19. INSURANCE. 19.1.CONSULTANT, at its sole cost ~nd expense, shall obtain and maintain, ±n 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 the City of Palo Alto as an additional insured under any general liability or automobile policy or policies. 19.2.All insurance coverage required hereunder shall be provided through carriers with Best’s Key Rating Guide ratings of A-:VII or higher which are admitted to transact insurance business in the State of California. Any and all contractors of CONSULTANT retained to perform Services under this Agreement will obtain and maintain, in full force and effect during the term of this Agreement, identical insurance coverage, naming CITY as an additional insured under such policies as required above. 19.3.Certificates evidencing such insurance shall be filed with CITY concurrently with the execution of this Agreement. The certificates will be subject to the approval of CITY’s Risk Manager and will contain an endorsement stating that the insurance is primary coverage and will not be canceled 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. 19.4.The procuring of such required policy or policies of insurance will not be construed to limit CONSULTANT’s liability hereunder nor to fulfill the indemnification provisions of this Agreement. Notwithstanding the policy or policies of insurance, CONSULTANT will be obligated for the full and total amount of any damage, injury, or loss caused by or directly arising as a result of the Services performed under this Agreement, including such damage, injury, or loss arising after the Agreement is terminated or the term has expired. SECTION 20. WORKERS’ COMPENSATION. CONSULTANT, by executing .this Agreement, certifies that it is aware of the provisions of the Labor Code of the State of California which require every employer to be insured against l~ability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that 050310 CITY OF PALO ALTO CONTRACT NO. C07118134 Code, and certifies that it will comply with such provisions, as__~ applicable, before commencing and during the performance of the Services. SECTION 21. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES. 21.1.The city manager may suspend the performance of the Services, in whole or in part, or terminate this Agreement, with or without cause, by giving ten (i0) days’ prior written notice thereof to CONSULTANT. Upon receipt of such notice, CONSULTANT will immediately discontinue its performance of the Services. 21.2.CONSULTANT may terminate this Agreement or suspend its performance of the Services by giving ten (I0) days prior written notice thereof to CITY, but only in the event of a substantial failure of performance by CITY. 21.3.Upon such suspension or termination, CONSULTANT shall deliver to the City Manager immediately any and all copies of studies, sketches, drawings, computations, and other data, whether or not completed, prepared by CONSULTANT or its contractors, if any, or given to CONSULTANT or its contractors, if any, in connection with this Agreement° Such materials will become the property of CITY. 21.4.Upon such suspension or termination by CITY, CONSULTANT will be paid for~ the Services rendered or materials delivered to CITY in accordance with the scope of serviceson or before the effective date (i.e., I0 days after giving notice) of suspension or termination; provided, however, if this Agreement is suspended or terminated on account of a default by CONSULTANT, CITY will be obligated to compensate CONSULTANT only for that portion of CONSULTANT’s services which are of direct and immediate benefit to CITY as such determination may be made by the City Manager acting in the reasonable exercise of his/her discretion 21.5. No payment, partial payment, acceptance, or partial acceptance by CITY will operate as a waiver on the part of CITY of any of its rights under this Agreement. 21.6.FORCE MAJEURE. Neither party shall be liable for damages caused by any failure or delay in performance under this Agreement to the extent that such damage, failure, or delay is caused by conditions beyond its reasonable control including, but not limited to, strikes or other labor disputes, catastrophes, riots, fires, Government restrictions (including the denial or cancellation of any export or other necessary license), wars, insurrections, or other Acts of God, or for other similar causes beyond that party’s reasonable control and occurring without its fault or negligence, including, without limitation, failure of 050310 CITY OF PALO ALTO CONTRACT NO. C07118134 suppliers, subcontractors, and carriers, or party to substantially~_. meet its performance obligations under this Agreement, provided that, as a condition to the claim of nonliability, the party experiencing the difficulty shall give the other prompt written notice, with full details following the occurrence of the cause relied upon. Dates by which performance obligations are scheduled to be met will be extended for a period of time equal to the time lost due to. any delay so caused. SECTION 22. NOTICES. All notices hereunder will be given in writing and mailed, postage prepaid, by certified mail, addressed as follows: To CITY:Office of the City Clerk City of Palo Alto Post Office Box 10250 Palo Alto, CA 94303 With a copy to the Purchasing Manager. To CONSULTANT: Attention of the project director at the address of CONSULTANT recited above SECTION 23. CONFLICT OF INTEREST. 23.1.In accepting this Agreement, CONSULTANT covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services. 23.2.CONSULTANT further covenants that, in the performance of this Agreement, it will not employ subconsultants, contractors or persons having such an interest. CONSULTANT certifies that no person who has or will have any financial interest under this Agreement is an officer or employee 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. 23.3. If the Project Manager determines that CONSULTANT is a ~Consultant" as that term is deffned by the Regulations of the Fair Political Practices Commission, CONSULTANT shall be required and agrees to file the appropriate financial disclosure documents required by the Palo Alto Municipal Code and the Political Reform Act. SECTION 24. NONDISCRIMINATION. As set forth in Palo Alto Municipal Code section 2.30.510, CONSULTANT agrees that in the performance of this Agreement, it shall not discriminate in the employment of any person because of the race, skin color, gender, age, religion, disability, national origin, ancestry, sexual orientation, housing 050310 CITY OF PALO ALTO CONTRACT NO. C07118134 status, marital status, familial status, weights.or height of such person. CONSULTANT acknowledges that it has read and understands the provisions of Chapter 2.28 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the penalties for violation thereof, and agrees to meet all requirements of Chapter 2.28 pertaining to nondiscrimination in employment, including completing the form furnished by CITY and set forth in Exhibit "E". SECTION 25. MISCELLANEOUS PROVISIONS. 25.1. This Agreement will be governed by the laws of the State of California. 25.2.In the event that an action is brought, the parties agree that trial of such action will be vested exclusively in the state courts of California or in the United States District Court for the Northern District of California in the County of Santa Clara, State of California. 25.3.The prevailing party in any action brought to enforce the provisions of this Agreement may recover its reasonable costs and attorneys’ fees expended in connection with that action. 25.4.This document represents the entire and integrated agreement between the parties and supersedes all prior negotiations, representations, and contracts, either written or oral. This document may be amended only by a written instrument, which is signed by the parties. 25.5. The covenants, terms, conditions and provisions of this Agreement will apply to, and will bind, the heirs, successors, executors, administrators, assignees, and CONSULTANTs, as the case may be, of the parties. 25.6.If a court of competent jurisdiction finds or rules that any provision of this Agreement or any amendment thereto is void or unenforceable, the unaffected provisions of this Agreement and any amendments thereto will remain in full force and effect. 25.7.All exhibits referred to in this Agreement and any addenda, appendices, attachments, and schedules to this Agreement which, from time to time, may be referred to in any duly executed amendment hereto are by such reference incorporated in this Agreement and will be deemed to be a part of this Agreement. 25.8.This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code. This Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only 050310 i0 CITY OF PALO ALTO CONTRACT NO. C07118134 appropriated for a portion of th~ fiscal year and funds fo~ this_. Agreement are no longer available. This Section 25.8 shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Agreement. Ii 050310 CITY OF PALO ALTO CONTRACT NO. C07118134 IN WITNESS ~EREOF, the parties hereto have by their duly authorized representatives executed this Agreement on the date first above written. APPROVED AS TO FORM:CITY OF PALO ALTO Senior Asst. City Attorney Assistant City Manager APPROVED: Director of Administrative Services GROUP 4 ARCHITECTURE, RESEARCH + PLAIqN~?, INC. Name : Dawn Merkes Title : President B~ Name.: David Schnee Title : Secretary, (~f ~orpo~atlon: Secretal~ or Treasurer) Attachments: EXHIBIT "A" EXHIBIT "B" EXHIBIT "C": EXHIBIT "C- l" EXHIBIT ~D" EXHIBIT "E": Taxpayer Identification No. (Compliance With "’~orp, Code § 313 is required if the entity on whose behalf this contract is signed is a corporation. In the alternative, a certified corporate resolution attestins to the signatory authority of the individuals signlns in their respective capacities is acceptable) SCOPE OF WORK SCHEDULE OF PERFORMANCE COMPENSATION HOURLY RATES INSURANCE NONDISCRIMINATION COMPLIANCE FORM 12 050310 CITY OF PALO ALTO CONTRACT NO. C07118134 EXHIBT A SCOPE OF WORK MITCHELL PARK LIBRARY SPACE STUDY I.General Infoz-mation Mitchell Park is a community park serving the entire city of Palo Alto. The park is located in a residential area with surrounding land uses that include several schools, churches, a senior complex and other educational facilities. The approximately 22 acre Mitchell Park is comprised of an 18 acre outdoor recreational park with surface parking and an adjoining 3.2 acre area that contains the library, community center and surface parking area. The library and community center are not on dedicated park land. The site is shown on Enclosure A. Palo Alto’s public library system is comprised of five libraries. The City has a high library item per capita circulation rate, and recent studies by the Library Advisory Commission (LAC) have shown the Mitchell Park Library to be the most space-constrained. The LAC is now working on a report, Library Service Model Analysis and Recommendations (LSMAR), scheduled to go to the City Council no later than December ii, 2006. This report will make a number of recommendations for improvements across the library system in the areas of facilities, collections, programs, technology, and staffing. Following review of a May draft of the LSMAR, the City Council directed staff to determine the cost of upgrading Mitchell Park Library. 2. Project Description The principle goal of this project is completion of a study to determine the potential size and costs of a new or expanded Mitchell Park Library. While the LAC has developed proposed priorities for improvements at the Mitchell Park Library, no building program has been developed to identify spatial or adjacency requirements for desired improvements. Therefore, the scope of this project includes the preparation of a programmatic study sufficiently detailed to inform and support the completion of the Mitchell Park site study. CITY OF PALO ALTO CONTRACT NO. C07118134 The Mitchell Park Library was designed by Edward Durell Stone and built in July of 1958. It has been used exclusively as a library since construction and is not considered as historically significant. The Library was expanded in 1974 to its current size of 10,984 square feet. The City wishes to determine the cost and compare the benefits of, building a new library on the existing site or renovating and expanding the existing library. The project site, which is shared by the Library and Community Center, includes two surface parking lots immediately adjacent to the Library and Community Center buildings. The parking lots have a total of 264 parking stalls. The draft LSMAR report also recommends new services and spaces at the Main Library which can be accommodated only through a reconfiguration of existing floor space and/or significant remodeling of other underutilized areas, such as the basement and outside patios. One objective of the Mitchell Park site study is the determination of whether library administration and technical services staff and operations, now located at the Downtown Library, can be relocated to the Mitchell Park Library. If the latter is recommended, this would enable these areas in the Downtown Library to be converted to public space. In order to provide information to the LAC to evaluate options of where to locate improved services and collections in the library system, space analyses and estimated construction costs are also needed for the Main and Downtown Libraries. 3. Scope of Work Scenarios: The four scenarios for the Mitchell Park site to be evaluated are as follows: a) Demolish the existing library and construct a new library without adversely impacting the Community Center. b) Construct a new library on the surface parking lot south of the~ community center and add surface parking where the library Currently stands. c) Demolish the existing Library and Community Center and construct a combined facility on the site. CITY OF PALO ALTO CONTRACT NO. C07118134 d) Expand the existing library and incorporate a_new Community Center into an expanded,remodeled library. Mitchell Park Site Constraints and Assumptions a) No parkland will be considered in the expansion. b) All work, whether remodel or rebuild scenario, must fit onto the existing site. c) In the ~demolish and rebuild" scenario, it is possible, and may even be desirable, to relocate the existing parking onto the other side of the site. This may allow removal of an~ existing signal and allow better access to both Library and Community Center parking and to Mitchell Park. d) structured or underground parking may be an option in one or more scenarios Reference Materials: The following studies were prepared for the Mitchell Park site and will be provided by the City for reference: i) Draft ~Mitchell Park Library and Community Center, Design Development Study Report", December 2005. 2) ~Mitchell Park Library and Community Center, Initial Study", April 2002. 3) Excerpt from the ~Mitchell Park South Resource Library and Community Center, Conceptual Design Report, July 2002" 4) "Library Service Model Analysis Recommendations", draft version dated July 27, 2006, prepared by the Library Advisory Commission. Task A Site Assessment The Consultant shall meet with City staff to review the existing Mitchell Library and Community Center site. The Consultant shall interview Library staff to identify what technology and programs are currently used in the program and what upgrades would be desirable. These needs may need to be scaled back as needed to fit into any new Library. The Consultant shall review existing reports listed above under ~Reference Material" and review existing site plans. Task B Conceptual Space Availability For scenarios a), b) c) and d) above: CITY OF PALO ALTO CONTRACT NO. C07118134 Evaluate the existing site and identify opportunities for, and cost of, expansion. Include any related code upgrades that might be required. Prepare massing diagram and pertinent report for: expandability of the existing building; human, vehicular and material flow patterns; analysis of operating functions;adjacency and parking demand and adequacy. Task B-I Assess the space needs of the Mitchell Library based upon recommendations made in the LSMAR report for scenarios a), b), c) and d) above. Include a programmatic study that includes square feet associated with the recommended program.Provide conceptual sketches of how Main and Downtown libraries could be rearranged or remodel if needed to provide better operational and service efficiency and achieve the goals of the draft LSMAR report. Refer to the latest draft of the ~Library Service Model Analysis Recommendations" prepared by the Library Advisory Commission. Prepare cost estimates per Task C-I below. Task B-2 Evaluate the existing space against the current and future needs of the Mitchell Park Community Center and discuss how needs would be met in Scenarios a) through d) above. Task B-3 Design renderings, elevations or other drawings may be needed in order to better understand the proposed changes. This Task B-3 provides an allowance for any additional renderings that may be necessary. No work on this Task B-3 shall be done without written pre-approval from the Project Manager. Task B-4 The Consultant shall prepare a report summarizing the findings and costs for scenarios a) through d) listed above. The report shall include massing diagrams showing adjacency, circulation and parking. The~ design and construction costs shall be presented in a table format so that each Scenario can be easily compared to the other. Consultant shall submit.a preliminary and final copy of the report for review and revise as needed based on staff or advisory board comments. Consultant shall provide 2 unbound copies of each report and 2 reproducible copies of Bchematic plans associated with the report. 4 CITY OF PALO ALTO CONTRACT NO. C07118134 Task C Cost Estimate For scenarios a), b) c) and d) above: Prepare cost estimates for the expansion and any needed relocation of existing services to include the possible relocation of all or. parts of the Mitchell Park Community Center (MPCC), in the event the site could not accommodate both the MPCC and the library. Cost estimates shall be prepared by a firm specializing in construction cost estimating. Costs shall be presented in current-year dollars, but inflation projections shall be given for the anticipated construction year, which will be provided by City. The estimate should include the cost to design, construct and commission a LEED-certified building.~ For financing purposes, costs shall be broken into two categories: I) ’hard costs’, to include design, construction, testing, construction management and hazardous material testing and removal and 2) ’soft costs’ such as furniture, equipment and moving costs. Furniture and equipment will be re-used as much as possible. Include increased (or decreased) operating costs such as electricity, .water, etc. Due to the schematic nature of the workscope, a detailed cost estimate is not required and per-square foot costs may be used. The numbers used should be conservative in order to reflect the conceptual nature of the design. Task C-I Cost of Remodeling other Libraries Prepare cost estimates related to Task B-I, the cost to remodel Main and Downtown libraries to achieve the recommendations in the draft LSMAR report. Include the cost of furniture (Consultant to discuss with City staff. which furniture can be re-used, if any), computers and other support items. Include increased (or decreased) operating costs such as electricity, water, etc. Task D Meetings - Meet as needed with City staff Consultant shall prepare presentation materials for 4 meetings with the Library .Advisory Commission. Consultant shall budget each meeting at up to two hours (this includes the ’waiting time’ as well as presentation time) and shall include travel time and the cost of any presentation materials. CITY OF PALO ALTO CONTRACT NO. C07118134 Consultant shall prepare presentation materials for 2 additional, pptential meetings with the Library Advisory Commission, Parks and Recreation and/or community meetings. Consultant shall budget each meeting at up to two hours (this includes the ’waiting time’ as well as presentation time) and shall include travel time and the cost of any presentation materials ¯ " Consultant shall prepare presentation materials for 1 meeting with the Parks and Recreation Commission° Consultant shall budget each meeting at up to two hours (this includes the ’waiting time’ as well as presentation time) and shall include travel time and the cost of any presentation materials. ¯Consultant shall prepare presentation materials for, and attend 1 meeting with the City Council.Consultant shall budget each meeting at up to four hours this includes the ’waiting time’ as well as presentation time) and shall include travel time and the cost of any presentation- materials. Task E Additional Services If approved by the City Project Manager in advance and in writing, additional services may include but are not limited to:additional meetings, study scenarios or cost estimates. 4. Reimbursables Reimbursable expenses include, but not limited to travel, printing, and phone calls. The cost of travel and meals related to Task C shall be included in Task C Meetings. The mark-up on subconsultants, printing and related tasks shall not exceed I0 percent. 5. Phase II Upon successful completion of the above Scope of Work, the selected Consultant may be asked to negotiate a fee for continued design of the Mitchell Park Library° This work might include, but not be limited to, continued design to such detail that an accurate construction cost estimate could be prepared for a June 2008 election° The work may also include design related to remodeling or reconfiguration of the Main and/or Downtown libraries. CITY OF PALO ALTO CONTRACT NO. C07118134 EXHIBIT "B" SCHEDULE OF PERFORMANCE CONSULTANT shall perform the services described in project tasks so as to complete each milestone within the month specified° The time to complete each milestone may be increased or decreased by mutual written agreement of the project managers for CONSULTANT and the CITY. CONSULTANT shall provide a detailed schedule of work consistent with the schedule below within 14 days of receipt of the Notice to Proceed. TASK Completion from NTP Study Phase: i.Consultant award of contract - Notice to Proceed and Kick-off meeting 2.Site Assessment & Conceptual Space Availability 3.Attend Library Advisory Commission meetings (4) 4. Attend Parks & Rec Commission meeting (i) 5. Cost Estimates 6. Present final findings to Library Advisory Commission 7. Revise report per Library Advisory Commission comments 8. Present finding to City Council September 12, 2006 September - October Sept 14 & 28; Oct 26; Nov 16 Oct-Nov Nov 2006 Nov 16 2006 Oct-Nov 2006 No later than Dec. ii, 2006 050310 CITY OF PALO ALTO CONTRACT NO. C07118134 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-I up to the not to exceed budget amount for each task set forth below. The compensation to be paid to CONSULTANT under this Agreement for all services described in Exhibit ~A" (~Basic Services") ~ and reimbursable expenses shall not exceed $223,932.00. CONSULTANT agrees to complete all Basic Services, including reimbursable expenses, within this amount. In the event CITY authorizes any Additional Services, the maximum compensation shall not exceed $257,325.00. 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 $223,932.00 and the total compensation for Additional Services does not exceed $23,393.00. BUDGET SCHEDULE Task A (Site Assessment) NOT TO EXCEED AMOUNT $27,858 Task B (Space Availability) $60,395 Task B-I (Operational Assessment) $24,700 Task B-2 (Community Center Assessment) Task B-3 (Design Exhibits) $10,380 $12,500 Task B-4 $21,304 (Reports) Task C (Conceptual Costs) $30,615 050310 CITY OF PALO ALTO CONTRACT NO. C07118134 Task C-I (Cost Modeling Main and Downtown) $11,880 Task D $24,300 (Meetings) Sub-total Basic Services Reimbursable Expenses Total Basic Services and Reimbursable expenses Additional Services (Not to Exceed) $223,932.00 $i0,000.00 $233,932.00 $23,393:00 Maximum Total Compensation $257,325.00 REIMBURSABLE EXPENSES Reimbursable expenses related to the project, whether for CONSULTANT, subconsultant, or CLIENT use, are billable at ioi0 times direct cost or at the rates indicated below. Such costs include, but are not necessarily limited to: Outside service printing/copying of drawings and documents of any size. In-house printing of CAD check sets and presentation drawings larger than ll"x 17": $2.00 per square foot. In-house black & white photocopying for draft and final reports and specifications: $.20 per page. In-house color and grayscale printing and photocopying up to ll"x 17" for in-house, consultant or client use: $i~25 per page. Software purchase and licensure on behalf of the client. Postage, delivery and messenger service. Photographic and digital imaging. Architectural renderings and scale models. Travel expenses Subconsultant costs not part of Basic Services. Presentation boards. Facilitation tools. Workshop accessories. Workshop facilitation materials. All requests for payment of expenses shall be accompanied by appropriate backup information. Any expense anticipated to be more than $I,000.00 shall be approved in advance by the CITY’s project manager. 050310 CITY OF PALO ALTO CONTRACT NO. C07118134 ADDITIONAL SERVICES The CONSULTANT shall provide Additional Services only by advanced, written authorization from the CITY. The CONSULTANT, at the CITY’s project manager’s request, shall submit a detailed written proposal including a description of the scope of services, schedule, level of effort, and CONSULTANT’s proposed maximum compensation, including reimbursable expense, for such services based on the rates set forth in Exhibit C-I. The additional services scope, schedule and maximum compensation shall be negotiated and agreed to in writing by the CITY’s Project Manager and CONSULTANT prior to commencement of the services. Payment for additional services is subject to all requirements and restrictions in this Agreement 050310 CITY OF PALO ALTO CONTRACT NO. C07118134 EXHIBIT ~C-I" ., HOURLY RATE SCHEDULE - GROUP 4 AND MEETING RATES FOR ADDITIONAL SERVICES Position Principal-in-charge Principal Project Manager Project Designer Professional I Professional II Professional III Technical I Technical II Technical III Project Support Meeting Type Focus Group Meeting Hourly Rate $165 140 140 140 115 105 95 105 95 85 7O Fee $1,500 Library Advisory Commission ~ Group 4 $2,500 ~ Page & Moris $600 City Council Presentation ~ Group 4 $3,000 ¯Page & Moris $600 Town Hall/Community Meeting ~ Group 4 $5,000 ~ Page & Moris $600 050310 CITY OF PALO ALTO CONTRACT NO. C07118134 EXHIBIT "C-I" ., HOURLY RATE SCHEDULE -GATES & ASSOCIATES POSITION President Principal Senior Associate Irrigation Designer Associate Draftsperson/Landscape Designer Clerical Staff HOURLY RATE $z75.oo $12o.oo - $155.oo $io5.oo - $12o.oo $IlO.OO $90.00 - $10s.00 $75.oo - $90.00 $65.00 - $75.00 050310 CITY OF PALO ALTO CONTRACT NO. C07118134 EXHIBIT ~’C-I" ¯ HOURLY RATE SCHEDULE - DAVIS LANGDON POSITION Principals Associate Principals Senior Associates Associate Estimators Clerical Deposition and Trial HOURLY RATE $215.00 - $240.00 $175.00 - $205.00 $155.00 $145.00 $85.00 - $14o.oo $60.00 Additional 50% 050310 3 CITY OF PALO ALTO CONTRACT NO. C07118134 EXHIBIT ~C-I" .~ HOURLY RATE SCHEDULE -FEHR & PEERS POSITION Principal Senior Associates Associate Senior Engineer/Planner Engineer/Planner Senior Technical Support Administrative Support Technician Intern HOURLY RATE $170.00 $230.00 $160.00 - $195.00 $140.00 - $18o.oo $11o.oo - $17o.oo $90.00 - $135.00 $95.00 - $145.oo $85.00 $115.00 $80.00 $11o.oo $60.00 - $90.00 4 050310 CITY OF PALO ALTO CONTRACT NO. C07118134 EXHIBIT "C-I" HOURLY RATE SCHEDULE - PAGE + MORIS LLC POSITION/PERSON Kathryn Page Beverly Moris Peg McGowan HOURLY RATE $150.o0 $15o.oo $75.00 050310 CITY OF PALO ALTO CONTRACT NO. C07118134 EXHIBIT "C-I" ~ HOURLY RATE SCHEDULE -O’MAHONY & MYER POSITION Founding Principal Principal Project Electrical Engineer Project Lighting Designer Electrical Lighting Designer CAD Supervisor CAD Technician Administrative HOURLY RATE $225.00 $19o.oo $125.00 $125.00 $ZlO.OO $95.00 $85.00 $65.00 050310 CITY OF PALO ALTO CONTRACT NO. C07118134 EXHIBIT ~C-I" HOURLY RATE SCHEDULE -GUTTMANN & BLAEVOET POSITION Principal Associate Principal Senior Associate Associate Senior Engineer Engineer CAD Manager Designer Drafter Administrative HOURLY RATE $19o.oo $175.00 $155.oo $145.00 $135.00 $1~s.oo $105.00 $1oo.oo $90.00 $55.00 7 050310 CITY OF PALO ALTO CONTRACT NO. C07118134 EXHIBIT "C-I" HOURLY RATE SCHEDULE - RUTHERFORD & CHEKENE POSITION HOURLY RATE Executive Principals Principals Senior Engineers Engineers Designers Field Technicians CADD Specialists $19o.oo - $2oo.oo $165.00 - $185.00 $120.00 - $165.00 $95.00 - $120.00 $85.00 - $95,.00 $85.00 - $95.00 $90.00 - $1o5.oo 050310 TO BE REPLACED BY EXHIBIT "D" ON FINAL CONTRACT INSURANCE REQUIREMENTS FOR REFERENCE CONTRACTORS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE- CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITH A BEST’S KEY RATING OF A-: VII, OR HIGHER, LICENSED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA. AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AS SPECIFIED, BELOW: MINIMUM LIMITSREQUIREDTYPE OF COVERAGE REQUIREMENT EACH OCCURRENCE AGGREGATE YES WORKER’S COMPENSATION STATUTORY YES AUTOMOBILE LIABILITY STATUTORY BODILY INJURY YES YES YES COMPREHENSIVE GENERAL LIABILITY, INCLUDING PERSONAL INJURY, BROAD FORM PROPERTY DAMAGE BLANKET CONTRACTUAL, AND FIRE LEGAL LIABILITY COMPREHENSIVE AUTOMOBILE LIABILITY, INCLUDING, OWNED, HIRED, NON-OWNED PROFESSIONAL LIABILITY, INCLUDING, ERRORS AND OMISSIONS, MALPRACTICE (WHEN APPLICABLE), AND NEGLIGENT PERFORMANCE YES PROPERTY DAMAGE BODILYINJURY&PROPERTYDAMAGE COMBINED. BODILYINJURY EACH PERSON EACH OCCURRENCE PROPERTY DAMAGE BODILYINJURYANDPROPERTY DAMAGE, COMBINED ALLDAMAGES $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 PROPOSER, AT ITS SOLE COST AND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY PROPOSER AND ITS SUBCONSULTANS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’ COMPENSATION, EMPLOYER’S LIABILITY AND PROFESSIONAL INSURANCE,.THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED; NAMING AS ADDITIONAL INSURES CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES. I1. INSURANCE COVERAGE MUST INCLUDE: Ao A PROVISION FOR A WRITTEN THIRTY DAY ADVANCE NOTICE TO CITY OF CHANGE IN COVERAGE OR OF COVERAGE CANCELLATION; AND A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONTRACTOR’S AGREEMENT TO INDEMNIFY CITY - SEE SECTION 19, SAMPLE AGREEMENT FOR SERVICES. SUBMIT CERTIFICATE(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE, OR COMPLETE THIS SECTION AND IV THROUGH V, BELOW. A.NAME AND ADDRESS OF COMPANY AFFORDING COVERAGE (NOT AGENT OR BROKER): B.NAME, ADDRESS, AND PHONE NUMBER OF YOUR INSURANCE AGENT/BROKER: C.POLICY NUMBER(S): City of PaloAIto Contract C07118134 Page 1 of 2 TO BE REPLACED BY EXHIBIT "D" ON FINAL CONTRACT INSURANCE REQUIREMENTS FOR REFERENCE DEDUCTIBLE AMOUNT(S) (DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITY’S PRIOR APPROVAL): I11. IV. AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AND PROPOSER’S SUBMITTAL OF CERTIFICATES OF INSURANCE EVIDENCING COMPLIANCE WITH THE REQUIREMENTS SPECIFIED HEREIN. ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO "ADDITIONAL INSURES" A.PRI MARY COVERAGE WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSURES. B.CROSS LIABILITY THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSURES UNDER THE POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY. C.NOTICE OF CANCELLATION 1.IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER THAN THE NON-PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. 2.IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRI’FI-EN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. PROPOSER CERTIFIES THAT PROPOSER’S INSURANCE COVERAGE MEETS THE ABOVE REQUIREMENTS: THE INFORMATION HEREIN IS CERTIFIED CORRECT BY SIGNATURE(S) BELOW. SIGNATURE(S) MUST BE SAME SIGNATURE(S) AS APPEAR(S) ON SECTION II, ATTACHMENT A, PROPOSER’S INFORMATION FORM. Firm: Signature: Name: (Print or type name) (Print or type name) Signature: PURCHASING AND CONTRACT ADMINISTRATION CITY OF PALO ALTO P.O. BOX 10250 PALO ALTO, CA 94303. Name: NOTICES SHALL BE MAILED TO: City of Palo Alto Contract C07118134 Page 2 of 2 EXHIBIT "E" Certification of Nondiscrimination .. As suppliers of goods or services to the City of Pa!o Alto, the firm and individuals listed below certify that they do not discriminate in employment of any person because of race, skin color, gender, age, religion, disability, national origin, ancestry, sexual orientation, housing status, marilal status, familial status, weight or heighl of such person; that they are in compliance with all Federal, State and local direclives and executive orders regarding nondiscrimination in employment. 1.If Proposer is INDIVIDUAL, sign here: Date: Proposer’s Signature Proposer’s typed name and Iitle If Proposer is PARTNERSHIP or JOINT VENTURE, at least (2) Parthers or ’each of the Joint Venturers shall sign here: Partnership or Joint Venture Name (type or print) Date: Date: Member of ~he Partnership 6r Joint Venture signature The undersigned certify that they are respectively: Title Member of the Partnership or Joint Venture signature If Proposer is a CORPORATION , the duly authorized officer(s) shall sign as follows: Title Of the corporation named below; that they are designated to sign the Proposal Cost Form by resolution (attach a certified copy, with corporate seal, if applicable, notarized as to its authenticity or Secretary’s certificate of authorization) for and on behalf of the below named CORPORATION, and that they are authorized to execute same for and on behalf of said CORPORATION. Group 4 Architecture, Research + Planning, Corporation Name (type or print) By:Date: Title: By:.Date: ID.G. Title: City of Palo Alto - RFP l l 8134 ATTACHMENT B City of Palo Alto City Manager’s Report TO:HONORABLE. CITY COUNCIL FROM:CITY MANAGER DEPARTMENT: PUBLIC WORKS DATE:JUNE 12, 2006 CMR:260:06 SUBJECT:REQUEST FOR COUNCIL DIRECTION ON PROPOSED MITCHELL PARK LIBRARY EXPANSION, SPACE REQUIREMENTS AND PROJECTED COSTS RECOMMENDATION Staff recommends that the City Council a) approve the recommended project timeline and methodology for determining the potential size and costs of the new Mitchell Park Library; and b) approve deferring work on the Roth Building or the College Terrace infrastructure upgrades to give staffthe necessary time to work on this project. BACKGROUND In December 2004, the City Council directed the Library Advisory Commission (LAC) t-0 "recommend a strategy for creating a.full-service library at the existing site or another site, a strategy to include maintaining neighborhood facilities and distributed services; to maintain collection services, and to direct the LAC to recommend a redefinition of branch services." The Library Advisory Commission returned to the Council on May 15, 2006 to present an interim report on its work-in-progress, the Library_ Service Model Analysis and Recommendations (LSMAR), and to ask for Council feedback and direction. The Council gave conceptual approval to several key concepts in the draft report, including maintaining all current library locations; expanding and/or improving access to services; seeking further efficiencies; and upgrading Mitchell Park library services from branch library resource levels without downgrading the Main Library. Among other points, the Council directed the LAC and staff to "Determine how big Mitchell Park Library would need to be," and "prepare preliminary cost models/projections/estimates for capital needs." Staff was directed to return to Council with this information for inclusion in the LAC’s final report by September 11, 2006 (Schedule A). The Council made it clear that existing General Fund revenues would not be used to cover the added costs associated ~rth the Library plan, and that additional funding would need to come from a tax measure or other new source. CMR:260:06 Page 1 of 5 DISCUSSION A three-part study is needed to determine a) the potential maximum size of the new Mitc~heil Park Library building; b) the estimated square footage requirements, for the propose_d building_ as envisioned by the LAC;. and c) cost estimates for building and operating the new library. An architectural consultant with expertise in public library facilities will be required.to make these determinations. Given that the new library facility must not encroach on park land, available sites are very limited. There seem to be three potentia! sites: a) the footprint of the existing library building; b) the footprint of the existing library and community center (in which case the proposed new building would need to provide sufficient space for the community center, unless the community center operations could be relocated el.sewhere, such as to Cubberley; or c) the parking area to the South of the community center, meaning the access road and parking would be shifted to where the existing buildings are located. The consultant might identify other feasible sites. Because potential sites for the new library seem few in number, the amount of space to adequately provide for library services for the next twenty to forty years is limited as well. Moreover, a larger building will trigger the need for more parking, If resistance to an underground structure dictates, a large amount of the limited available space will need to be allocated to surface parking, the space availability for the library building, and its capacity for meeting identified needs such as expanded collections, adequate public spaces for different uses, and flexibility for as-yet-unforeseen services and programs will be severely limited. It i_s. advisable to secure a consulting team that has familiarity with trends and best_practices in public library constm~ion, so that it can accurately ~"~ *proj,,c~ space requirements for optimal application of new technologies, self-service options, automated materials handling, ergonomic work areas, and other critical program elements. Attachment A is a scope of work for consultant services that will be needed for this project. This scope of work differs from that included in the contracts exceeding $85,000 during the 2006-07 budget process (CMR:228:06) in that it does not include environmental assessment work. At least two important issues will need to be considered as the Council moves forward with this project: Staffing for this project The impact of this project on already scheduled work at the Mitchell Park Library and Community Center. It is important to note that despite Council guidance to focus on maintaining existing infrastructure, this project and others such as the Public Safety building and the Roth Building require staffing resources originally designated for projects to rehabilitate existing infrastructure to be redirected to planning for and design.of new facilities. Staff is over ful! capacity wffh the combination of FY05/07 budgeted projects and additional priorities which have been added by Council during the past 12 months. Those new projects include the Police Building BRTF, the advanced schedule for Charleston-Arastradero, the MSC - auto dealers study, Roth Building renovations, and the CAADA California Avenue streetscape master plan project. Staff has CMR:260:06 Page 2 of 5 literally worked on evenings, weekends, and holidays to ensure that the schedules for Othose additional priorities would be met. No further capacity to take on additional work remains. This additional work cannot be taken on without deferring something else. It is recommended that the Roth Building or the College Terrace Library improvements be deferred for six months to allow for this project to take priority. Delaying one of these two projects will free up enough stafftime to apply to the successf~ol completion of this project. The Mitchell Park Library and Community Center have been slated for important infrastructure improvements since 1998. These improvements include electrical, mechanical, seismic and accessibility upgrades at both buildings. The work was deferred pending the Library bond issue of 2002, and when that measure failed, it was rescheduled for design in 2005. An assessment of necessary upgrades, including a projected budget, was conducted prior to design, and the assessment revealed that the cost of doing the necessary upgrades on both buildings would be in excess of $2.4 million. Further work on infrastructure has been put on hold pending completion of the Children’s Library and outcomes from the Library Advisory Commission’s planning process. Public Works recommends prompt attention to the critical infrastructure upgrades, particularly at the !ibrm~j despite the possibility of. constru~ion of a new library building or a new combined community center/library. Realistically, a new building is at least six years away, and the existing systems are long past their functional life. Once some key parameters for the new Mitchell Park Library have been established, staff will need to return to the Council for further direction on the implementation of some or all of the infrastructure upgrades to the existing buildings. RESOURCE IMPACT Effective July 1, 2006 pending Council’s approval of the 2006-07 proposed budget there will be $400:000 in the Capital Improvement Program (CIP) (PE-07011) for design and other initial costs associated with the Library Advisory Commission’s recommendations. Work can begin prior to July 1 to secure the consultant and finalize the contract. It should be noted that there is some cormnunity and perhaps Council interest in a bifurcated library project, consisting of a new Mitchell Park Library building and a possible expansion renovation of the Main Library, rather than focusing exclusively at Mitchell Park. This may become even more necessary if space limitations at Mitchell Park preclude the construction of a building of adequate size. If so, this budget would need to cover initial costs at both locations. Costs for the scope of work as described in the first paragraph under "Discussion", above, will likely be between $150,000 and $250,000. POLICY IMPLICATIONS This recommendation is consistent with Council’s direction to the LAC in May, and consistent with the establishment of the Library as a Top 3 priority for 2006. TIMELINE Two possible timelines are presented for the Council’s Consideration. The first, Schedule & is extremely aggressive, and may not provide the information desired by Council by Council’s deadline of September 1 i, 2006. The second allows for all the required steps in the procurement CMR:260:06 Page 3 of 5 process and is more realistic given current workloads in Purchasing, Public Works, the Attorney’s Office and the Library. Staff will make .every effort to fulfill the Coundil’s expectations and complete this project as swiftly as possible. i i Meet~dline Based~actice i (numerals represent number (numerals represent number i i of weeks per task)of weeks per task) i Prepare request for proposals i , i (RFP)i 1 2 i Pursue sole source contract }1 i sk!p_ } Response period for RFP ]Skip i 4.......................................................................... ~ ............................ i Evaluate responses i Skip i 2 Finalize contract I 3 6 Council award contract i ................................1 i-7 ...................i ..................................................................................... ~ .....................................................: ................4 ..............................................................._ _~ro~ e_e_t_fu_ ~! Lm_ ~ _~_t. ......................1 ......................._.4_L 11.......................... ........................ LAC develop report’to Council ~. 1 i -~ 2 Total week~i (September 11)_(December 22) It should be noted that Schedule B still complies with the recently approved Top-3 Priority milestones for the Library as the consultant selected for this effort would likely be considered for the follow-on design work needed to get a potential library measure on the ballot by June 2008. ENVIRON~MENTAL REVIEW This limited-scope project is statutorily exempt from CEQA. ATTACItMENTS Attachment A: Outline Scope of Work for consultant services PREPARED BY: ~.TO~R~.~ {--~ Assistant Director DEPARTMENT HEAD: GLENN S. ROBERTS Director of Public Works CMR:260:06 Page 4 of 5 CITY MANAGER APPROVAL: PAULASIM~SON Library Director EM~y HARRISON Assistant City Manager C_MR:260:06 Page 5 of 5 ATTACHMENT A Scope of Work Mitchell Park Library Space Study 1.General Information The City of Palo Alto is requesting proposals from Consultants to prepare a study to evaluate the space available to renovate or replace the existing Mitchell Park Library located at 3700 Middlefield Road, Palo Alto. Design and construction cost estimates should also be prepared for the proposed improvements. Mitchell Park is a community parking serving the entire city of Palo Alto. The park is located in a residential area with surrounding land uses that include several schools, churches a senior complex and other educational facilities. The approximately 22 acre Mitchell Park is comprised of an 18 acre outdoor recreational park with surface parking and an adjoining 3.2 acre area that contains the library, community center and surface pm-king area. The library and community center are not on dedicated park land. The site is shown on Attachment A. Palo Alto’s public library system is comprised of five libraries. The City has a high library item per capita circulation rate and recent studies by the Library Commission have shown the Mitchell Park Library, to be the most space-constrained. 2. Proiect Description The Library was designed by Edward Durell Stone and built in July of 1958. It has been used exclusively as a library since construction. The Library was expanded in 1974 to its current size of 10,984 square feet. The City wishes to determine the cost and compare the benefits of, building a new library on the existing site or renovating and expanding the existing library. The project site, which is shared by the Library and Community Center, includes two surface parking lots immediately adjacent to the Library and Community Center buildings. The parking lots have a total of 264 parking stalls. 3. Sco_£.qp_~f Work Scenarios: a) b) The three scenarios to be evaluated are as follows: Demolish the existing library and construct a new library without adversely impacting the Community Center. Construct a new library on the surface parking lot south of the community center and add surface parking where the Community Center currently stands. c)Demolish the existing Library and Community Center and construct a corn combined facility on the site, - Site Constraints and Assumptions a) b) NO parkland will be considered in the expansion All work, whether remodel or rebuild scenario, must fit onto the existing site. In the "demolish and rebuild" scenario, it is possible, and may even be desirable, to relocate the existing parking onto the other side of the site. This may allow removal of an existing signal and allow better access to both Library- and Community Center parking and to Mitchell Park. Reference Materials: The following studies were prepared for this site and will be available for review: 1) Draft "Mitchell Park Library and Community Center, Design Development Study Report", December 2005 2) "Mitchell Park Library and Community Center, Initial Study", April 2002 Task A Site Assessment The Consultant shalt meet with City staff to review the existing Library and Community Center site. The Consultant shall interview Library staffto identify what technology and programs are currently used in theprogram and what upgrades wouid be desirabie. These needs may need to be scaled back as needed to fit into any new Library. The Consukant shall review existing reports listed above under "Reference Material" and review existing site plans. Task B Conceptual Space Availability For scenarios a), b) and c) above: Evaluate the existing site and identify opportunities for, and cost of, expansion. Include any related code upgrades that might be required. Prepare massing diagram and pertinent report for: expandability of the existing building; human, vehicular and material flow patterns; analysis of operating functions; adjacency and parking demand and adequacy. No design renderings or elevations will be needed for this Task. The purpose is to identify how much space could be made available and which functions could occupy that space. Task C Cost Estimate For scenarios a), b) and c) above: Prepare cost estimates for the expansion and any needed relocation of existing services. Cost estimates shall be prepared by a firm specializingin construction cost estimating. Costs shall be presented in current-year dollars, but ir~flation projectigns shall be given for the antic!pated construction year, which will be provided by City. The estimate should include the cost to design, construct and commission a LEED-certified building. For financing purposes, costs shall be broken into two categories: 1) ’hard costs’ to include design, construction, testing, construction management and hazardous material testing and removal and 2) ’soft costs’ such as furniture, equipment and moving costs. Furniture and equipment will be re-used as much as possible. Due to the schematic nature of the workscope, a detailed cost estimate is not required and per-square foot costs may be used. The numbers used should be conservative in order to reflect the conceptual nature of the design. Task C Meetings ¯ Meet as needed with City staff ¯ Consultant shall prepare presentation materials for 1 meeting with the Library Advisory Commission. Consultant shall budget each meeting at up to two hours (this includes the ’@aiting time’ as well as presentation time) and shall include travel time and the cost of any presentation materials. ¯ Consultant shall prepare presentation materials for 1 meeting with the Parks and Recreation Commission. Consultant shall budget each meeting at up to two hours (this includes the ’waiting time’ as well as presentation time) and shall include travel time and the cost of any presentation materials. . ..... " ¯ Consultant shall prepare presentation materials for, and attend 1 meeting with the City Council. Consultant shall budget each meeting at up to four hours (,this includes the ’waiting time’ as well as presentation time) and shall include travel time and the cost of any presentation materials. Task D Reimbursables . The Consultant shall prepare a report summarizing the findings and costs for the 3 scenarios listed above. The report shall include massing diagrams showing adjacency, circulation and parking. The design and construction costs shall be presented in a table format so that each Scenario can be easily compared to the other. ¯ Consultant shall submit a preliminary and final copy of the report for review and revise as needed based on staff or advisory board comments. Consultant shall provide 2 unbound copies of each report and 2 reproducible copies of schematic plans associated with the report. The cost of travel and meals shall be included in Task C, Meetings. The mark-up on subconsultants, printing and related tasks shall not exceed 10 percent. Task E Additional Services If approved by the City Project Manager in advance and in writing, additional services may includebut are not limited to: additional meetings, study scenarios or cost estimates.