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2011-11-21 City Council Agenda Packet
CITY OF PALO ALTO Regular Meeting CITY COUNCIL Council Chambers November 21, 2011 7:00 PM REVISED Agenda posted according to PAMC Section 2.04.070. Supporting materials are available in the Council Chambers on the Thursday preceding the meeting. 1 November 21, 2011 MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET ARE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY CLERK’S OFFICE AT PALO ALTO CITY HALL, 250 HAMILTON AVE. DURING NORMAL BUSINESS HOURS. Call to Order Special Orders of the Day 1.Community Group Presentation -Developmental Assets Initiative, Project Safety Net City Manager Comments Oral Communications Members of the public may speak to any item not on the agenda; three minutes per speaker. Council reserves the right to limit the duration of Oral Communications period to 30 minutes. Minutes Approval October 3, 2011 Consent Calendar Items will be voted on in one motion unless removed from the calendar by two Council Members. 2.Approval of a Water Enterprise Fund Contract with Anderson Pacific Engineering Construction, Inc. in a Total Not to Exceed Amount of $3,135,200 for the Seismic Upgrade of the Mayfield and Boronda Reservoirs WS-08002- 501 3.Approval to Adopt Networking Equipment Standardization based upon Hewlett Packard Network Switching Equipment 4.Approval of City of Palo Alto Response Letter to Metropolitan Transportation Commission Regarding One Bay Area Grant Proposal 2 November 21, 2011 MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET ARE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY CLERK’S OFFICE AT PALO ALTO CITY HALL, 250 HAMILTON AVE. DURING NORMAL BUSINESS HOURS. 5.Approval of a Contract with RBF Consulting, Inc. in the Amount of $140,000 for Southgate Neighborhood Storm Drain Improvements and Green Street Project, Capital Improvement Program Project SD-10101 6.Approval of Final Map to Merge Four Parcels into a 3.62 Acre Parcel for Condominium Subdivision Into a Hotel Unit and 26 Residential Units, Located at 4301 and 4329 El Camino Real. 7.Approval of Changes to the “One Percent for Art” Policy relating to Art Projects’ Procedures for Determining Project and Funding Eligibility 8.Adoption of a Budget Amendment Ordinance in the Amount of $111,487.75 to Fund the Purchase of seven (7) Diesel Particulate Filter Devices; the Approval of a Purchase order with Exhaust Emissions Reduction Specialists in an Amount Not to Exceed $132,139.16 for the purchase and installation of ten Diesel Particulate Filter Devices; Approval of a Purchase Order with Emissions Retrofit Group in an Amount Not to Exceed $60,550.72 for the purchase and installation of four (4) Diesel Particulate Filter Devices and the Approval of a Purchase Order with Diesel Emission Service in an amount not to exceed $50,937.03 for the purchase and installation of three (3) Diesel Particulate Filter Devices (Vehicle Replacement Fund Capital Improvement Project VR- 07002) 8a.Rescission of Prior Approvals of Resolution, Negative Declaration, and Capital Improvements Program Project Funding for California Avenue Transit Hub Corridor Improvements Project 8b.Appointment of James Pelletier as City Auditor and Approval of At-Will Employment Agreement Agenda Changes, Additions and Deletions HEARINGS REQUIRED BY LAW: Applications and/or appellants may have up to ten minutes at the outset of the public discussion to make their remarks and put up to three minutes for concluding remarks after other members of the public have spoken. OTHER AGENDA ITEMS: Public comments or testimony on agenda items other than Oral Communications shall be limited to a maximum of three minutes per speaker. 3 November 21, 2011 MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET ARE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY CLERK’S OFFICE AT PALO ALTO CITY HALL, 250 HAMILTON AVE. DURING NORMAL BUSINESS HOURS. Action Items Include: Reports of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Reports of Officials, Unfinished Business and Council Matters. 9.Submittal of Mitchell Park Library and Community Center Monthly Construction Contract Report and Council Direction to Staff to Continue Construction Contract Monthly Reports Council Member Questions, Comments and Announcements Members of the public may not speak to the item(s) Adjournment AMERICANS WITH DISABILITY ACT (ADA) Persons with disabilities who require auxiliary aids or services in using City facilities, services or programs or who would like information on the City’s compliance with the Americans with Disabilities Act (ADA) of 1990, may contact (650) 329-2550 (Voice) 24 hours in advance. PUBLIC COMMENT Members of the Public are entitled to directly address the City Council/Committee concerning any item that is described in the notice of this meeting, before or during consideration of that item. If you wish to address the Council/Committee on any issue that is on this agenda, please complete a speaker request card located on the table at the entrance to the Council Chambers, and deliver it to the City Clerk prior to discussion of the item. You are not required to give your name on the speaker card in order to speak to the Council/Committee, but it is very helpful. 4 November 21, 2011 MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET ARE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY CLERK’S OFFICE AT PALO ALTO CITY HALL, 250 HAMILTON AVE. DURING NORMAL BUSINESS HOURS. Additional Information Supplemental Information Standing Committee Meetings Action Agenda Schedule of Meetings Schedule of Meetings from the City Clerk Tentative Agenda Tentative Agenda from the City Clerk Informational Report Transmittal of the CalPERS City of Palo Alto Pension Plan Annual Valuation Report as of June 30, 2010 2010-2011 Annual Review of Compliance with the “Mayfield” Development Agreement with Stanford University Public Letters to Council Public Letters to Council from the City Clerk City of Palo Alto (ID # 2263) City Council Staff Report Report Type: Special Orders of the Day Meeting Date: 11/21/2011 November 21, 2011 Page 1 of 2 (ID # 2263) Council Priority: Community Collaboration for Youth Well-Being Summary Title: Community Group -Developmental Assets Initiative Title: Community Group Presentation -Developmental Assets Initiative, Project Safety Net From:City Manager Lead Department:Community Services Palo Alto Developmental Assets Initiative (A Community Collaborative Team of Project Safety Net) Project Safety Net (PSN) The City and Palo Alto Unified School District came together in 2009 to convene a cross section of our community to coordinate the community’s response to our tragic teen suicide cluster and to define a new way forward. That effort came to be known as Project Safety Net, and its mission is to develop and implement an effective, comprehensive,community- based mental health plan for overall youth well-being in Palo Alto. Much of that plan reflects the crisis and our immediate response to keeping our kids safe. It includes things like Track Watch which puts paid guards and volunteers at the tracks to restrict access, to “More Than Sad” which is a film and program for teaching high schoolers to identify and respond to depression, to the district’s increasing focus and funding on identifying kids at risk and getting them professional help with their 3-6-9 referral program. While dealing with youth at risk the team also wanted to find ways to create a community that nurtures youth. The team’s research and discussion led to the Developmental Assets framework and the formation of the Palo Alto Developmental Assets Initiative. This initiative is one of several Community Collaborative Teams born out of PSN’s work. The 41 Developmental Assets The Search Institute in Minnesota has done research around what makes kids more likely to thrive. This research led to a list of 41 Developmental Assets that are highly correlated with thriving youth. Developmental assets are the positive values, relationships, and experiences that youth need to thrive. Youth with low asset levels are more likely to engage in risky behaviors and fail to achieve at school. Youth with high asset levels are more likely to choose healthy activities, succeed in school, and avoid risky behaviors.Put simply, “More Assets ==> More thriving.” In 2010 we surveyed 4000+ PAUSD students to get a snapshot of the current asset levels of our youth. More than 30 assets is considered “thriving,” 21 to 30 is considered “adequate,” 11 to 20 is considered “vulnerable,” with fewer than 11 considered “at risk”. Our students November 21, 2011 Page 2 of 2 (ID # 2263) reported the following asset levels: fifth graders = 28, seventh graders = 24, ninth graders = 22, tenth graders = 21, eleventh graders = 20 and twelfth graders = 22. We found some good news in that more than two thirds of our youth report positively on family support, youth programs, positive peer influence, bonding to school and integrity. Unfortunately fewer than half of our secondary school students believe they live in a caring neighborhood, only 22% of high schoolers think the community values youth and 13% of high schoolers have felt sad or depressed most or all of the time in the last month. Clearly we have work to do. The Way Forward Each school has its data and a school climate committee (or similar) to address weaknesses and fortify strengths. This work has been going on for months and the feeling on the campuses is markedly more positive. The City has taken the Developmental Assets framework to heart by embedding it in the work done that touches youth. Other Project Safety Net partners are also embracing the framework and it’s becoming part of our language and landscape. The Palo Alto Developmental Assets Initiative team launched the Asset of the Month campaign to raise awareness. Banners promoting asset building can be seen around the city. The team has carried the message to our community organizations and recently brought Clay Roberts, a wonderful trainer, to Palo Alto to train and inspire community leaders, middle school staff at all three public middle schools and parents. City Council members and School Board trustees have added their voices to the effort by launching a campaign to reach out wider in the community. Social change takes time. Momentum is building. The good news is that our community has a history of supporting youth, and every person in Palo Alto can be an asset builder. At every chance we ask people to take advantage of every moment to build assets in every child. A few examples include: •Take the time to listen when a young person speaks. •Set an example for youth. •Take the initiative in engaging young people positively. •Smile and make eye contact with young people. •Even when a child is in trouble try to concentrate on what is right with them. In addition to continuing to educate and inspire the community, in the coming months the team will take the next steps on a handful of assets aimed at improving the asset levels of our youth. Many organizations are concentrating on assets that they can affect but some assets require a community-wide effort (e.g. Caring Neighborhood, Adult Role Models). The Developmental Assets team will identify the assets not yet being addressed by others and work with the community to build those assets. For more information, contact the Palo Alto Developmental Assets Initiative at devassetspaloalto@gmail.com. -Terry Godfrey, Chair, Developmental Assets Team Prepared By:Robert De Geus, Manager Department Head:Greg Betts, Director, Community Services City Manager Approval: James Keene, City Manager City of Palo Alto (ID # 2212) City Council Staff Report Report Type: Consent Calendar Meeting Date: 11/21/2011 November 21, 2011 Page 1 of 3 (ID # 2212) Summary Title: Seismic Upgrade of Mayfield and Boronda Reservoir Title: Approval of a Water Enterprise Fund Contract with Anderson Pacific Engineering Construction, Inc. in a Total Not to Exceed Amount of $3,135,200 for the Seismic Upgrade of the Mayfield and Boronda Reservoirs WS-08002-501 From:City Manager Lead Department: Utilities Recommendation Staff recommends that Council approve and authorize the City Manager or his designee to execute the attached contract with Anderson Pacific Engineering Construction, Inc. (Attachment C) in a total not to exceed amount of $3,135,200 for seismic upgrades to Mayfield and Boronda reservoirs, as part of the Emergency Water Supply Project WS-08002-501. Staff also recommends that Council approve and authorize the City Manager or his designee to negotiate and execute one or more change orders to the contract with Anderson Pacific Engineering Construction, Inc. for related additional but unforeseen work, which may develop during the project, the total value of which shall not exceed $470,280 (which represents 15% of the contract amount). Background This construction contract supports the ongoing efforts to improve the City’s water distribution system to be able to supply water during emergency periods when the traditional supply is not available. The California Department of Public Health (CDPH) recommends that water systems have the ability to supply an 8 hour maximum day demand plus have a sufficient supply of water to fight fires during periods of supply curtailment. The recommended capital improvements were addressed in the Water Wells, Regional Storage and Distribution System Study (1999 Study), which the UAC and Council supported. During the project development, an Environmental Impact Report (EIR) titled “City of Palo Alto Emergency Water Supply and Storage Project” was prepared and approved by Council on March 5, 2007. The project description in the EIR proposed implementing capital improvements which would allow the City to provide water in the event of an emergency. The seismic upgrade to Mayfield and Boronda reservoirs project is one of the recommended capital improvements projects that will provide the City with a means to supply the Stanford Research Park area with water stored in Mayfield Reservoir or, during an emergency, when the San Francisco aqueducts November 21, 2011 Page 2 of 3 (ID # 2212) are out of service with water stored in Boronda reservoir. A project location map is provided in Attachment A. Discussion This contract will provide construction services to seismically upgrade Mayfield and Boronda reservoirs to ensure reliability during a seismic event. At Mayfield reservoir this includes installation of new columns, repair of existing columns, cross bracing, and foundation improvements. At Boronda reservoir the work includes removal of exterior shotcrete (sprayed structural concrete)and pre-stressed steel cables, re-wrapping of pre-stressed steel cables, installation of a new ring foundation, tie-downs from the reservoir to the new foundation, and re-application of shotcrete. Both reservoirs will have seismic bracing for the pipes, anchorage for the roofs and miscellaneous appurtenances, and recoating of the piping. The work is being performed by contract because the project resource requirements are beyond City’s personnel and equipment capacity. Summary of Solicitation Process* Bid Name/Number Seismic upgrades to Mayfield and Boronda reservoirs project, IFB Number 116460 Proposed Length of Contract 390 Calendar Days (13 Months) Number of Bids Mailed to Contractors 26 Number of Bids Mailed to Builder’s Exchanges 13 Total Days to Respond to Bid 31 Days Pre-Bid Meeting?Yes (Mandatory) Number of Company Attendees at Pre-Bid Meeting 17 Number of Bids Received 10 Bid Price Range $3,135,200 to $4,877,494 *Bid summary provided in Attachment B. Staff has reviewed the ten bids submitted and recommends that the bid of $3,135,200 submitted by Anderson Pacific Engineering Construction, Inc. be accepted and that Anderson Pacific Engineering Construction, Inc. be declared the lowest responsible bidder. The bid is 8% percent below the engineer’s estimate of $3,400,000. The change order amount of $470,280, which equals 15% of the total contract, is requested for additional unforeseen work that may develop during the project.The 15% contingency amount is requested to address unknown existing conditions of both the Boronda and Mayfield foundations. Additionally, at Boronda reservoir the exact structural conditions will be unknown until the existing shotcrete has been removed from the exterior of the reservoir. Staff confirmed with the Contractor’s State License Board that the contractor has an active license on file, and checked the references supplied by the contractor for previous work performed and found no significant complaints. November 21, 2011 Page 3 of 3 (ID # 2212) Resource Impact Funds for this project, in the amount of $3,605,480, are included in the WS-08002 Emergency Water Supply Project CIP. Bonds were sold for the financing of the Emergency Water Supply and Storage Project on October 6, 2009 in the amount of $35 million. The bond funds will be used to fund water system improvements including the construction contract services in this project. This project will be managed by existing staff. Policy Implications The approval of this Water Enterprise Fund contract is consistent with existing City policies. This recommendation is consistent with the Council-approved Utilities Strategic Plan Key Strategic Objective BP1, “Ensure a reliable supply of utility resources.” Environmental Review The construction work for this contract is part of the overall project EIR for the Emergency Water Supply Project (SCH #2066022038), which Council certified on March 5, 2007 as being adequate to meet the requirements of the California Environmental Quality Act (CEQA). Prepared By:John Nguy, Engineer Attachments: ·Attachment A: Location Map (PDF) ·Attachment B -Bid Summary (PDF) ·Attachment C: 3 Construction Contract Template August 3 2010 (PDF) Prepared By:Jennifer Cioffi, Project Engineer Department Head:Valerie Fong, Director City Manager Approval: James Keene, City Manager Rev. August 3, 2010 CONSTRUCTION CONTRACT Contract No. C12142727 City of Palo Alto and Anderson Pacific Engineering Construction, Inc. PROJECT “Seismic Upgrade of Existing Reservoirs – Mayfield and Boronda” Rev. August 3, 2010 FILENAME 3. Construction Contract Template August 3, 2010.DOC i CONSTRUCTION CONTRACT TABLE OF CONTENTS SECTION 1. INCORPORATION OF RECITALS AND DEFINITIONS....................................1 1.1 Recitals................................................................................................................................1 1.2 Definitions ...........................................................................................................................1 SECTION 2. THE PROJECT ...................................................................................................1 SECTION 3. THE CONTRACT DOCUMENTS........................................................................1 LIST OF DOCUMENTS.....................................................................................................................1 3.2 ORDER OF PRECEDENCE ...............................................................................2 SECTION 4. THE WORK.........................................................................................................2 SECTION 5. PROJECT TEAM ................................................................................................2 SECTION 6. TIME OF COMPLETION.....................................................................................3 6.1 Time Is of Essence .............................................................................................................3 6.2 Commencement of Work ...................................................................................................3 6.3 Contract Time......................................................................................................................3 6.4 Liquidated Damages...........................................................................................................3 6.4.1 Entitlement...................................................................................................................3 6.4.2 Daily Amount................................................................................................................3 6.4.3 Exclusive Remedy........................................................................................................3 6.4.4 Other Remedies...........................................................................................................3 6.5 Adjustments to Contract Time ..........................................................................................3 SECTION 7. COMPENSATION TO CONTRACTOR ..............................................................3 7.1 Contract Sum ......................................................................................................................3 7.2 Full Compensation..............................................................................................................4 7.3 Compensation for Extra or Deleted Work ........................................................................4 7.3.1 Self Performed Work....................................................................................................4 7.3.2 Subcontractors.............................................................................................................4 Rev. August 3, 2010 3. Construction Contract Template August 3, 2010.DOC ii SECTION 8. STANDARD OF CARE.......................................................................................4 SECTION 9. INDEMNIFICATION ............................................................................................4 9.1 Hold Harmless.....................................................................................................................4 9.2 Survival................................................................................................................................5 SECTION 10 NONDISCRIMINATION ......................................................................................5 SECTION 11. INSURANCE AND BONDS................................................................................5 SECTION 12. PROHIBITION AGAINST TRANSFERS.............................................................5 SECTION 13. NOTICES ............................................................................................................6 13.1 Method of Notice.................................................................................................................6 13.2 Notice Recipients................................................................................................................6 13.3 Change of Address.............................................................................................................6 14.1 Resolution of Contract Disputes.......................................................................................7 14.2 Resolution of Other Disputes............................................................................................7 14.2.1 Non-Contract Disputes.................................................................................................7 14.2.2 Litigation, City Election.................................................................................................7 14.3 Submission of Contract Dispute.......................................................................................7 14.3.1 By Contractor...............................................................................................................7 14.3.2 By City..........................................................................................................................8 14.4 Contract Dispute Resolution Process ..............................................................................8 14.4.1 Direct Negotiations.......................................................................................................8 14.4.2 Deferral of Contract Disputes.......................................................................................8 14.4.3 Mediation......................................................................................................................8 14.4.4 Binding Arbitration........................................................................................................9 14.5 Non-Waiver........................................................................................................................10 SECTION 15. DEFAULT..........................................................................................................10 15.1 Notice of Default ...............................................................................................................10 15.2 Opportunity to Cure Default.............................................................................................10 SECTION 16. CITY'S RIGHTS AND REMEDIES....................................................................10 16.1 Remedies Upon Default ...................................................................................................10 16.1.1 Delete Certain Services .............................................................................................11 16.1.2 Perform and Withhold ................................................................................................11 Rev. August 3, 2010 3. Construction Contract Template August 3, 2010.DOC iii 16.1.3 Suspend The Construction Contract..........................................................................11 16.1.4 Terminate the Construction Contract for Default........................................................11 16.1.5 Invoke the Performance Bond....................................................................................11 16.1.6 Additional Provisions..................................................................................................11 16.2 Delays by Sureties............................................................................................................11 16.3 Damages to City................................................................................................................12 16.3.1 For Contractor's Default.............................................................................................12 16.3.2 Compensation for Losses ..........................................................................................12 16.5 Suspension by City for Convenience .............................................................................12 16.6 Termination Without Cause.............................................................................................12 16.6.1 Compensation............................................................................................................12 16.6.2 Subcontractors...........................................................................................................13 16.7 Contractor’s Duties Upon Termination...........................................................................13 SECTION 17. CONTRACTOR'S RIGHTS AND REMEDIES ..................................................13 17.1 Contractor’s Remedies ....................................................................................................13 17.1.1 For Work Stoppage....................................................................................................13 17.1.2. For City's Non-Payment.............................................................................................13 17.2 Damages to Contractor....................................................................................................14 SECTION 18. ACCOUNTING RECORDS...............................................................................14 18.1 Financial Management and City Access.........................................................................14 18.2 Compliance with City Requests ......................................................................................14 SECTION 19. INDEPENDENT PARTIES................................................................................14 SECTION 20. NUISANCE........................................................................................................14 SECTION 21. PERMITS AND LICENSES...............................................................................14 SECTION 22. WAIVER............................................................................................................14 SECTION 23 GOVERNING LAW ...........................................................................................15 SECTION 24 COMPLETE AGREEMENT ..............................................................................15 SECTION 25 SURVIVAL OF CONTRACT.............................................................................15 SECTION 26 PREVAILING WAGES......................................................................................15 Rev. August 3, 2010 3. Construction Contract Template August 3, 2010.DOC iv SECTION 27 NON APPROPRIATION ...................................................................................15 SECTION 28 GOVERNMENTAL POWERS...........................................................................15 SECTION 29 ATTORNEY FEES ............................................................................................15 SECTION 30 SEVERABILITY ................................................................................................15 1 Rev. August 3, 2010 3. Construction Contract Template August 3, 2010.DOC CONSTRUCTION CONTRACT THIS CONSTRUCTION CONTRACT entered into on November 21, 2011 (“Execution Date”) by and between the CITY OF PALO ALTO, a California chartered municipal corporation ("City"), and Anderson Pacific Engineering Construction, Inc. ("Contractor"), is made with reference to the following: R E C I T A L S: A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. Contractor is a General Engineer duly organized and in good standing in the State of California, Contractor’s License Number 245215. Contractor represents that it is duly licensed by the State of California and has the background, knowledge, experience and expertise to perform the obligations set forth in this Construction Contract. C. On September 27, 2011, City issued an Invitation for Bids (IFB) to contractors for the Seismic Upgrade of Existing Reservoirs – Mayfield and Boronda (“Project”). In response to the IFB, Contractor submitted a bid. D. City and Contractor desire to enter into this Construction Contract for the Project, and other services as identified in the Bid Documents for the Project upon the following terms and conditions. NOW THEREFORE, in consideration of the mutual promises and undertakings hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is mutually agreed by and between the undersigned parties as follows: SECTION 1 INCORPORATION OF RECITALS AND DEFINITIONS. 1.1 Recitals. All of the recitals are incorporated herein by reference. 1.2 Definitions. Capitalized terms shall have the meanings set forth in this Construction Contract and/or in the General Conditions. If there is a conflict between the definitions in this Construction Contract and in the General Conditions, the definitions in this Construction Contract shall prevail. SECTION 2 THE PROJECT. The Project is the construction of the Seismic Upgrade of Existing Reservoirs – Mayfield and Boronda ("Project"). SECTION 3 THE CONTRACT DOCUMENTS. 3.1 List of Documents. The Contract Documents (sometimes collectively referred to as “Agreement” or “Bid Documents”) consist of the following documents which are on file with the Purchasing Division and are hereby incorporated by reference. 1) Change Orders 2) Field Change Orders 3) Contract 4) Project Plans and Drawings Rev. August 3, 2010 3. Construction Contract Template August 3, 2010.DOC 5) Technical Specifications 6) Special Provisions 7) Notice Inviting Bids 8) Instructions to Bidders 9) General Conditions 10) Bidding Addenda 11) Invitation for Bids 12) Contractor's Bid/Non-Collusion Affidavit 13) Reports listed in the Bidding Documents 14) Public Works Department’s Standard Drawings and Specifications dated 2007 and updated from time to time 15) Utilities Department’s Water, Gas, Wastewater, Electric Utilities Standards dated 2005 and updated from time to time 16) City of Palo Alto Traffic Control Requirements 17) City of Palo Alto Truck Route Map and Regulations 18) Notice Inviting Pre-Qualification Statements, Pre-Qualification Statement, and Pre- Qualification Checklist (if applicable) 19) Performance and Payment Bonds 20) Insurance Forms 3.2 Order of Precedence. For the purposes of construing, interpreting and resolving inconsistencies between and among the provisions of this Contract, the Contract Documents shall have the order of precedence as set forth in the preceding section. If a claimed inconsistency cannot be resolved through the order of precedence, the City shall have the sole power to decide which document or provision shall govern as may be in the best interests of the City. SECTION 4 THE WORK. The Work includes all labor, materials, equipment, services, permits, fees, licenses and taxes, and all other things necessary for Contractor to perform its obligations and complete the Project, including, without limitation, any Changes approved by City, in accordance with the Contract Documents and all Applicable Code Requirements. SECTION 5 PROJECT TEAM. In addition to Contractor, City has retained, or may retain, consultants and contractors to provide professional and technical consultation for the design and construction of the Project. The Project requires that Contractor operate efficiently, effectively and cooperatively with City as well as all other members of the Project Team and other contractors retained by City to construct other portions of the Project. Rev. August 3, 2010 3. Construction Contract Template August 3, 2010.DOC SECTION 6 TIME OF COMPLETION. 6.1 Time Is of Essence. Time is of the essence with respect to all time limits set forth in the Contract Documents. 6.2 Commencement of Work. Contractor shall commence the Work on the date specified in City’s Notice to Proceed. 6.3 Contract Time. Work hereunder shall begin on the date specified on the City’s Notice to Proceed and shall be completed within three hundred ninety calendar days (390) after the commencement date specified in City’s Notice to Proceed. 6.4 Liquidated Damages. 6.4.1 Entitlement. City and Contractor acknowledge and agree that if Contractor fails to fully and satisfactorily complete the Work within the Contract Time, City will suffer, as a result of Contractor’s failure, substantial damages which are both extremely difficult and impracticable to ascertain. Such damages may include, but are not limited to: (i) Loss of public confidence in City and its contractors and consultants. (ii) Loss of public use of public facilities. (iii) Extended disruption to public. 6.4.2 Daily Amount. City and Contractor have reasonably endeavored, but failed, to ascertain the actual damage that City will incur if Contractor fails to achieve Substantial Completion of the entire Work within the Contract Time. Therefore, the parties agree that in addition to all other damages to which City may be entitled other than delay damages, in the event Contractor shall fail to achieve Substantial Completion of the entire Work within the Contract Time, Contractor shall pay City as liquidated damages the amount of $500 per day for each Day occurring after the expiration of the Contract Time until Contractor achieves Substantial Completion of the entire Work. The liquidated damages amount is not a penalty but considered to be a reasonable estimate of the amount of damages City will suffer by delay in completion of the Work. 6.4.3 Exclusive Remedy. City and Contractor acknowledge and agree that this liquidated damages provision shall be City’s only remedy for delay damages caused by Contractor’s failure to achieve Substantial Completion of the entire Work within the Contract Time. 6.4.4 Other Remedies. City is entitled to any and all available legal and equitable remedies City may have where City’s Losses are caused by any reason other than Contractor’s failure to achieve Substantial Completion of the entire Work within the Contract Time. 6.5 Adjustments to Contract Time. The Contract Time may only be adjusted for time extensions approved by City and agreed to by Change Order executed by City and Contractor in accordance with the requirements of the Contract Documents. SECTION 7 COMPENSATION TO CONTRACTOR. 7.1 Contract Sum. Contractor shall be compensated for satisfactory completion of the Work in compliance with the Contract Documents the Contract Sum of Three Million One Hundred Thirty Five Thousand Two Hundred Dollars ($3,135,200). 4 Rev. August 3, 2010 3. Construction Contract Template August 3, 2010.DOC 7.2 Full Compensation. The Contract Sum shall be full compensation to Contractor for all Work provided by Contractor and, except as otherwise expressly permitted by the terms of the Contract Documents, shall cover all Losses arising out of the nature of the Work or from the acts of the elements or any unforeseen difficulties or obstructions which may arise or be encountered in performance of the Work until its Acceptance by City, all risks connected with the Work, and any and all expenses incurred due to suspension or discontinuance of the Work. The Contract Sum may only be adjusted for Change Orders issued, executed and satisfactorily performed in accordance with the requirements of the Contract Documents. 7.3 Compensation for Extra or Deleted Work. The Contract Sum shall be adjusted (either by addition or credit) for Changes in the Work involving Extra Work or Deleted Work based on one or more of the following methods to be selected by City: 1. Unit prices stated in the Contract Documents or agreed upon by City and Contractor, which unit prices shall be deemed to include Contractor Markup and Subcontractor/Sub-subcontractor Markups permitted by this Section. 2. A lump sum agreed upon by City and Contractor, based on the estimated Allowable Costs and Contractor Markup and Subcontractor Markup computed in accordance with this Section. 3. Contractor’s Allowable Costs, plus Contractor Markup and Subcontractor Markups applicable to such Extra Work computed in accordance with this Section. Contractor Markup and Subcontractor/Sub-subcontractor Markups set forth herein are the full amount of compensation to be added for Extra Work or to be subtracted for Deleted Work that is attributable to overhead (direct and indirect) and profit of Contractor and of its Subcontractors and Sub-subcontractors, of every Tier. When using this payment methodology, Contractor Markup and Subcontractor/Sub-subcontractor Markups, which shall not be compounded, shall be computed as follows: 7.3.1 Markup Self-Performed Work. 10% of the Allowable Costs for that portion of the Extra Work or Deleted Work to be performed by Contractor with its own forces. 7.3.2 Markup for Work Performed by Subcontractors. 15% of the Allowable Costs for that portion of the Extra Work or Deleted Work to be performed by a first Tier Subcontractor. SECTION 8 STANDARD OF CARE. Contractor agrees that the Work shall be performed by qualified, experienced and well-supervised personnel. All services performed in connection with this Construction Contract shall be performed in a manner consistent with the standard of care under California law applicable to those who specialize in providing such services for projects of the type, scope and complexity of the Project. SECTION 9 INDEMNIFICATION. 9.1 Hold Harmless. To the fullest extent allowed by law, Contractor will defend, indemnify, and hold harmless City, its City Council, boards and commissions, officers, agents, employees, representatives and volunteers (hereinafter collectively referred to as "Indemnitees"), through legal counsel acceptable to City, from and against any and all Losses arising directly or indirectly from, or in any manner relating to any of, the following: (i) Performance or nonperformance of the Work by Contractor or its Subcontractors or Sub-subcontractors, of any tier; Rev. August 3, 2010 3. Construction Contract Template August 3, 2010.DOC (ii) Performance or nonperformance by Contractor or its Subcontractors or Sub- subcontractors of any tier, of any of the obligations under the Contract Documents; (iii) The construction activities of Contractor or its Subcontractors or Sub-subcontractors, of any tier, either on the Site or on other properties; (iv) The payment or nonpayment by Contractor to any of its employees, Subcontractors or Sub-subcontractors of any tier, for Work performed on or off the Site for the Project; and (v) Any personal injury, property damage or economic loss to third persons associated with the performance or nonperformance by Contractor or its Subcontractors or Sub- subcontractors of any tier, of the Work. However, nothing herein shall obligate Contractor to indemnify any Indemnitee for Losses resulting from the sole or active negligence or willful misconduct of the Indemnitee. Contractor shall pay City for any costs City incurs to enforce this provision. Nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity in favor of Contractor against City or any other Indemnitee. 9.2 Survival. The provisions of Section 9 shall survive the termination of this Construction Contract. SECTION 10 NONDISCRIMINATION. As set forth in Palo Alto Municipal Code section 2.30.510, Contractor 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, disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status, weight or height of such person. Contractor 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 will comply with all requirements of Section 2.30.510 pertaining to nondiscrimination in employment. SECTION 11 INSURANCE AND BONDS. On or before the Execution Date, Contractor shall provide City with evidence that it has obtained insurance and Performance and Payment Bonds satisfying all requirements in Article 11 of the General Conditions. Failure to do so shall be deemed a material breach of this Construction Contract. SECTION 12 PROHIBITION AGAINST TRANSFERS. City is entering into this Construction Contract based upon the stated experience and qualifications of the Contractor and its subcontractors set forth in Contractor’s Bid. Accordingly, Contractor shall not assign, hypothecate or transfer this Construction Contract or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of City. Any assignment, hypothecation or transfer without said consent shall be null and void. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor or of any general partner or joint venturer or syndicate member of Contractor, if the Contractor is a partnership or joint venture or syndicate or co-tenancy shall result in changing the control of Contractor, shall be construed as an assignment of this Construction Contract. Control means more than fifty percent (50%) of the voting power of the corporation or other entity. Rev. August 3, 2010 3. Construction Contract Template August 3, 2010.DOC SECTION 13 NOTICES. 13.1 Method of Notice. All notices, demands, requests or approvals to be given under this Construction Contract shall be given in writing and shall be deemed served on the earlier of the following: (i) On the date delivered if delivered personally; (ii) On the third business day after the deposit thereof in the United States mail, postage prepaid, and addressed as hereinafter provided; (iii) On the date sent if sent by facsimile transmission; (iv) On the date sent if delivered by electronic mail; or (iv) On the date it is accepted or rejected if sent by certified mail. 13.2 Notice Recipients. All notices, demands or requests (including, without limitation, Claims) from Contractor to City shall include the Project name and the number of this Construction Contract and shall be addressed to City at: To City: City of Palo Alto City Clerk 250 Hamilton Avenue P.O. Box 10250 Palo Alto, CA 94303 Copy to: City of Palo Alto Public Works Administration 250 Hamilton Avenue Palo Alto, CA 94301 Attn: Or City of Palo Alto Utilities Engineering 250 Hamilton Avenue Palo Alto, CA 94301 Attn: Roland Ekstrand In addition, copies of all Claims by Contractor under this Construction Contract shall be provided to the following: Palo Alto City Attorney’s Office 250 Hamilton Avenue P.O. Box 10250 Palo Alto, California 94303 All Claims shall be delivered personally or sent by certified mail. All notices, demands, requests or approvals from City to Contractor shall be addressed to: Roland Ekstrand 13.3 Change of Address. In the event of any change of address, the moving party shall notify the other party of the change of address in writing. Each party may, by written notice only, add, delete or replace any individuals to whom and addresses to which notice shall be provided. Rev. August 3, 2010 3. Construction Contract Template August 3, 2010.DOC SECTION 14 DISPUTE RESOLUTION. 14.1 Resolution of Contract Disputes. Contract Disputes shall be resolved by the parties in accordance with the provisions of this Section 14, in lieu of any and all rights under the law that either party have its rights adjudged by a trial court or jury. All Contract Disputes shall be subject to the Contract Dispute Resolution Process set forth in this Section 14, which shall be the exclusive recourse of Contractor and City for such Contract Disputes. 14.2 Resolution of Other Disputes. 14.2.1 Non-Contract Disputes. Contract Disputes shall not include any of the following: (i) Penalties or forfeitures prescribed by statute or regulation imposed by a governmental agency; (ii) Third party tort claims for personal injury, property damage or death relating to any Work performed by Contractor or its Subcontractors or Sub- subcontractors of any tier; (iii) False claims liability under California Government Code Section 12650, et. seq.; (iv) Defects in the Work first discovered by City after Final Payment by City to Contractor; (v) Stop notices; or (vi) The right of City to specific performance or injunctive relief to compel performance of any provision of the Contract Documents. 14.2.2 Litigation, City Election. Matters that do not constitute Contract Disputes shall be resolved by way of an action filed in the Superior Court of the State of California, County of Santa Clara, and shall not be subject to the Contract Dispute Resolution Process. However, the City reserves the right, in its sole and absolute discretion, to treat such disputes as Contract Disputes. Upon written notice by City of its election as provided in the preceding sentence, such dispute shall be submitted by the parties and finally decided pursuant to the Contract Dispute Resolution Process in the manner as required for Contract Disputes, including, without limitation, City’s right under Paragraph 14.4.2 to defer resolution and final determination until after Final Completion of the Work. 14.3 Submission of Contract Dispute. 14.3.1 By Contractor. Contractors may commence the Contract Dispute Resolution Process upon City's written response denying all or part of a Claim pursuant to Paragraph 4.2.9 or 4.2.10 of the General Conditions. Contractor shall submit a written Statement of Contract Dispute (as set forth below) to City within seven (7) Days after City rejects all or a portion of Contractor's Claim. Failure by Contractor to submit its Statement of Contract Dispute in a timely manner shall result in City’s decision by City on the Claim becoming final and binding. Contractor’s Statement of Contract Dispute shall be signed under penalty of perjury and shall state with specificity the events or circumstances giving rise to the Contract Dispute, the dates of their occurrence and the asserted effect on the Contract Sum and the Contract Time. The Statement of Contract Dispute shall include adequate supporting data to substantiate the disputed Claim. Adequate supporting data for a Contract Dispute relating to an adjustment of the Contract Time shall include both of the following: (i) All of the scheduling data required to be submitted by Contractor under the Contract Documents to obtain extensions of time and adjustments to the Contract Time and (ii) A detailed, event-by-event description of the impact of each event on completion of Work. Adequate data to support a Statement of Contract Rev. August 3, 2010 3. Construction Contract Template August 3, 2010.DOC Dispute involving an adjustment of the Contract Sum must include both of the following: (a) A detailed cost breakdown and (b) Supporting cost data in such form and including such information and other supporting data as required under the Contract Documents for submission of Change Order Requests and Claims. 14.3.2 By City. City's right to commence the Contract Dispute Resolution Process shall arise at any time following City's actual discovery of the circumstances giving rise to the Contract Dispute. City asserts Contract Disputes in response to a Contract Dispute asserted by Contractor. A Statement of Contract Dispute submitted by City shall state the events or circumstances giving rise to the Contract Dispute, the dates of their occurrence and the damages or other relief claimed by City as a result of such events. 14.4 Contract Dispute Resolution Process. The parties shall utilize each of the following steps in the Contract Dispute Resolution Process in the sequence they appear below. Each party shall participate fully and in good faith in each step in the Contract Dispute Resolution Process, and good faith effort shall be a condition precedent to the right of each party to proceed to the next step in the process. 14.4.1 Direct Negotiations. Designated representatives of City and Contractor shall meet as soon as possible (but not later than ten (10) Days after receipt of the Statement of Contract Dispute) in a good faith effort to negotiate a resolution to the Contract Dispute. Each party shall be represented in such negotiations by an authorized representative with full knowledge of the details of the Claims or defenses being asserted by such party in the negotiations, and with full authority to resolve such Contract Dispute then and there, subject only to City’s obligation to obtain administrative and/or City Council approval of any agreed settlement or resolution. If the Contract Dispute involves the assertion of a right or claim by a Subcontractor or Sub-subcontractor, of any tier, against Contractor that is in turn being asserted by Contractor against City (“Pass-Through Claim”), then the Subcontractor or Sub-Subcontractor shall also have a representative attend the negotiations, with the same authority and knowledge as described above. Upon completion of the meeting, if the Contract Dispute is not resolved, the parties may either continue the negotiations or any party may declare negotiations ended. All discussions that occur during such negotiations and all documents prepared solely for the purpose of such negotiations shall be confidential and privileged pursuant to California Evidence Code Sections 1119 and 1152. 14.4.2 Deferral of Contract Disputes. Following the completion of the negotiations required by Paragraph 14.4.1, all unresolved Contract Disputes shall be deferred pending Final Completion of the Project, subject to City’s right, in its sole and absolute discretion, to require that the Contract Dispute Resolution Process proceed prior to Final Completion. All Contract Disputes that have been deferred until Final Completion shall be consolidated within a reasonable time after Final Completion and thereafter pursued to resolution pursuant to this Contract Dispute Resolution Process. The parties can continue informal negotiations of Contract Disputes; provided, however, that such informal negotiations shall not be alter the provisions of the Agreement deferring final determination and resolution of unresolved Contract Disputes until after Final Completion. 14.4.3 Mediation. If the Contract Dispute remains unresolved after negotiations pursuant to Paragraph 14.4.1, the parties shall submit the Contract Dispute to non-binding mediation before a mutually acceptable third party mediator. Rev. August 3, 2010 3. Construction Contract Template August 3, 2010.DOC .1 Qualifications of Mediator. The parties shall endeavor to select a mediator who is a retired judge or an attorney with at least five (5) years of experience in public works construction contract law and in mediating public works construction disputes. In addition, the mediator shall have at least twenty (20) hours of formal training in mediation skills. .2 Submission to Mediation and Selection of Mediator. The party initiating mediation of a Contract Dispute shall provide written notice to the other party of its decision to mediate. In the event the parties are unable to agree upon a mediator within fifteen (15) Days after the receipt of such written notice, then the parties shall submit the matter to the American Arbitration Association (AAA) at its San Francisco Regional Office for selection of a mediator in accordance with the AAA Construction Industry Mediation Rules. .3 Mediation Process. The location of the mediation shall be at the offices of City. The costs of mediation shall be shared equally by both parties. The mediator shall provide an independent assessment on the merits of the Contract Dispute and recommendations for resolution. All discussions that occur during the mediation and all documents prepared solely for the purpose of the mediation shall be confidential and privileged pursuant to California Evidence Code Sections 1119 and 1152. 14.4.4 Binding Arbitration. If the Contract Dispute is not resolved by mediation, then any party may submit the Contract Dispute for final and binding arbitration pursuant to the provisions of California Public Contract Code Sections 10240, et seq. The award of the arbitrator therein shall be final and may be entered as a judgment by any court of competent jurisdiction. Such arbitration shall be conducted in accordance with the following: .1 Arbitration Initiation. The arbitration shall be initiated by filing a complaint in arbitration in accordance with the regulations promulgated pursuant to California Public Contract Code Section 10240.5. .2 Qualifications of the Arbitrator. The arbitrator shall be approved by all parties. The arbitrator shall be a retired judge or an attorney with at least five (5) years of experience in public works construction contract law and in arbitrating public works construction disputes. In addition, the arbitrator shall have at least twenty (20) hours of formal training in arbitration skills. In the event the parties cannot agree upon an arbitrator, the provisions of California Public Contract Code Section 10240.3 shall be followed in selecting an arbitrator possessing the qualifications required herein. .3 Hearing Days and Location. Arbitration hearings shall be held at the offices of City and shall, except for good cause shown to and determined by the arbitrator, be conducted on consecutive business days, without interruption or continuance. .4 Hearing Delays. Arbitration hearings shall not be delayed except upon good cause shown. .5 Recording Hearings. All hearings to receive evidence shall be recorded by a certified stenographic reporter, with the costs thereof borne equally by City and Contractor and allocated by the arbitrator in the final award. Rev. August 3, 2010 3. Construction Contract Template August 3, 2010.DOC .6 Limitation of Depositions. The parties may conduct discovery in accordance with the provisions of section 10240.11 of the Public Contract Code; provided, however, that depositions shall be limited to both of the following: (i) Ten (10) percipient witnesses for each party and 5 expert witnesses per party. Upon a showing of good cause, the arbitrator may increase the number of permitted depositions. An individual who is both percipient and expert shall, for purposes of applying the foregoing numerical limitation only, be deemed an expert. Expert reports shall be exchanged prior to receipt of evidence, in accordance with the direction of the arbitrator, and expert reports (including initial and rebuttal reports) not so submitted shall not be admissible as evidence. .7 Authority of the Arbitrator. The arbitrator shall have the authority to hear dispositive motions and issue interim orders and interim or executory awards. .8 Waiver of Jury Trial. Contractor and City each voluntarily waives its right to a jury trial with respect to any Contract Dispute that is subject to binding arbitration in accordance with the provisions of this Paragraph 14.4.4. Contractor shall include this provision in its contracts with its Subcontractors who provide any portion of the Work. 14.5 Non-Waiver. Participation in the Contract Dispute Resolution Process shall not waive, release or compromise any defense of City, including, without limitation, any defense based on the assertion that the rights or Claims of Contractor that are the basis of a Contract Dispute were previously waived by Contractor due to Contractor’s failure to comply with the Contract Documents, including, without limitation, Contractor’s failure to comply with any time periods for providing notice of requests for adjustments of the Contract Sum or Contract Time or for submission of Claims or supporting documentation of Claims. SECTION 15 DEFAULT. 15.1 Notice of Default. In the event that City determines, in its sole discretion, that Contractor has failed or refused to perform any of the obligations set forth in the Contract Documents, or is in breach of any provision of the Contract Documents, City may give written notice of default to Contractor in the manner specified for the giving of notices in the Construction Contract. 15.2 Opportunity to Cure Default. Except for emergencies, Contractor shall cure any default in performance of its obligations under the Contract Documents within two (2) Days (or such shorter time as City may reasonably require) after receipt of written notice. However, if the breach cannot be reasonably cured within such time, Contractor will commence to cure the breach within two (2) Days (or such shorter time as City may reasonably require) and will diligently and continuously prosecute such cure to completion within a reasonable time, which shall in no event be later than ten (10) Days after receipt of such written notice. SECTION 16 CITY'S RIGHTS AND REMEDIES. 16.1 Remedies Upon Default. If Contractor fails to cure any default of this Construction Contract within the time period set forth above in Section 15, then City may pursue any remedies available under law or equity, including, without limitation, the following: Rev. August 3, 2010 3. Construction Contract Template August 3, 2010.DOC 16.1.1 Delete Certain Services. City may, without terminating the Construction Contract, delete certain portions of the Work, reserving to itself all rights to Losses related thereto. 16.1.2 Perform and Withhold. City may, without terminating the Construction Contract, engage others to perform the Work or portion of the Work that has not been adequately performed by Contractor and withhold the cost thereof to City from future payments to Contractor, reserving to itself all rights to Losses related thereto. 16.1.3 Suspend The Construction Contract. City may, without terminating the Construction Contract and reserving to itself all rights to Losses related thereto, suspend all or any portion of this Construction Contract for as long a period of time as City determines, in its sole discretion, appropriate, in which event City shall have no obligation to adjust the Contract Sum or Contract Time, and shall have no liability to Contractor for damages if City directs Contractor to resume Work. 16.1.4 Terminate the Construction Contract for Default. City shall have the right to terminate this Construction Contract, in whole or in part, upon the failure of Contractor to promptly cure any default as required by Section 15. City’s election to terminate the Construction Contract for default shall be communicated by giving Contractor a written notice of termination in the manner specified for the giving of notices in the Construction Contract. Any notice of termination given to Contractor by City shall be effective immediately, unless otherwise provided therein. 16.1.5 Invoke the Performance Bond. City may, with or without terminating the Construction Contract and reserving to itself all rights to Losses related thereto, exercise its rights under the Performance Bond. 16.1.6 Additional Provisions. All of City’s rights and remedies under this Construction Contract are cumulative, and shall be in addition to those rights and remedies available in law or in equity. Designation in the Contract Documents of certain breaches as material shall not waive the City’s authority to designate other breaches as material nor limit City’s right to terminate the Construction Contract, or prevent the City from terminating the Agreement for breaches that are not material. City’s determination of whether there has been noncompliance with the Construction Contract so as to warrant exercise by City of its rights and remedies for default under the Construction Contract, shall be binding on all parties. No termination or action taken by City after such termination shall prejudice any other rights or remedies of City provided by law or equity or by the Contract Documents upon such termination; and City may proceed against Contractor to recover all liquidated damages and Losses suffered by City. 16.2 Delays by Sureties. Without limiting to any of City’s other rights or remedies, City has the right to suspend the performance of the Work by Contractor’s sureties in the event of any of the following: (i) The sureties’ failure to begin Work within a reasonable time in such manner as to insure full compliance with the Construction Contract within the Contract Time; (ii) The sureties’ abandonment of the Work; (iii) If at any time City is of the opinion the sureties’ Work is unnecessarily or unreasonably delaying the Work; (iv) The sureties’ violation of any terms of the Construction Contract; (v) The sureties’ failure to perform according to the Contract Documents; or (vi) The sureties’ failure to follow City’s instructions for completion of the Work within the Contract Time. Rev. August 3, 2010 3. Construction Contract Template August 3, 2010.DOC 16.3 Damages to City. 16.3.1 For Contractor's Default. City will be entitled to recovery of all Losses under law or equity in the event of Contractor’s default under the Contract Documents. 16.3.2 Compensation for Losses. In the event that City's Losses arise from Contractor’s default under the Contract Documents, City shall be entitled to withhold monies otherwise payable to Contractor until Final Completion of the Project. If City incurs Losses due to Contractor’s default, then the amount of Losses shall be deducted from the amounts withheld. Should the amount withheld exceed the amount deducted, the balance will be paid to Contractor or its designee upon Final Completion of the Project. If the Losses incurred by City exceed the amount withheld, Contractor shall be liable to City for the difference and shall promptly remit same to City. 16.4 Suspension by City for Convenience. City may, at any time and from time to time, without cause, order Contractor, in writing, to suspend, delay, or interrupt the Work in whole or in part for such period of time, up to an aggregate of fifty percent (50%) of the Contract Time. The order shall be specifically identified as a Suspension Order by City. Upon receipt of a Suspension Order, Contractor shall, at City’s expense, comply with the order and take all reasonable steps to minimize costs allocable to the Work covered by the Suspension Order. During the Suspension or extension of the Suspension, if any, City shall either cancel the Suspension Order or, by Change Order, delete the Work covered by the Suspension Order. If a Suspension Order is canceled or expires, Contractor shall resume and continue with the Work. A Change Order will be issued to cover any adjustments of the Contract Sum or the Contract Time necessarily caused by such suspension. A Suspension Order shall not be the exclusive method for City to stop the Work. 16.5 Termination Without Cause. City may, at its sole discretion and without cause, terminate this Construction Contract in part or in whole by giving thirty (30) Days written notice to Contractor. The compensation allowed under this Paragraph 16.5 shall be the Contractor’s sole and exclusive compensation for such termination and Contractor waives any claim for other compensation or Losses, including, but not limited to, loss of anticipated profits, loss of revenue, lost opportunity, or other consequential, direct, indirect or incidental damages of any kind resulting from termination without cause. 16.5.1 Compensation. Following such termination and within forty-five (45) Days after receipt of a billing from Contractor seeking payment of sums authorized by this Paragraph 16.5, City shall pay the following to Contractor as Contractor’s sole compensation for performance of the Work : .1 For Work Performed. The amount of the Contract Sum allocable to the portion of the Work properly performed by Contractor as of the date of termination, less sums previously paid to Contractor. .2 For Close-out Costs. Reasonable costs of Contractor and its Subcontractors and Sub-subcontractors for: (i) Demobilizing and (ii) Administering the close-out of its participation in the Project (including, without limitation, all billing and accounting functions, not including attorney or expert fees) for a period of no longer than thirty (30) Days after receipt of the notice of termination. Rev. August 3, 2010 3. Construction Contract Template August 3, 2010.DOC .3 For Fabricated Items. Previously unpaid cost of any items delivered to the Project Site which were fabricated for subsequent incorporation in the Work. 16.5.2 Subcontractors. Contractor shall include provisions in all of its subcontracts, purchase orders and other contracts permitting termination for convenience by Contractor on terms that are consistent with this Construction Contract and that afford no greater rights of recovery against Contractor than are afforded to Contractor against City under this Section. 16.6 Contractor’s Duties Upon Termination. Upon receipt of a notice of termination for default or for convenience, Contractor shall, unless the notice directs otherwise, do the following: (i) Immediately discontinue the Work to the extent specified in the notice; (ii) Place no further orders or subcontracts for materials, equipment, services or facilities, except as may be necessary for completion of such portion of the Work that is not discontinued; (iii) Provide to City a description, in writing no later than fifteen (15) days after receipt of the notice of termination, of all subcontracts, purchase orders and contracts that are outstanding, including, without limitation, the terms of the original price, any changes, payments, balance owing, the status of the portion of the Work covered and a copy of the subcontract, purchase order or contract and any written changes, amendments or modifications thereto, together with such other information as City may determine necessary in order to decide whether to accept assignment of or request Contractor to terminate the subcontract, purchase order or contract; (iv) Promptly assign to City those subcontracts, purchase orders or contracts, or portions thereof, that City elects to accept by assignment and cancel, on the most favorable terms reasonably possible, all subcontracts, purchase orders or contracts, or portions thereof, that City does not elect to accept by assignment; and (v) Thereafter do only such Work as may be necessary to preserve and protect Work already in progress and to protect materials, plants, and equipment on the Project Site or in transit thereto. SECTION 17 CONTRACTOR'S RIGHTS AND REMEDIES. 17.1 Contractor’s Remedies. Contractor may terminate this Construction Contract only upon the occurrence of one of the following: 17.1.1 For Work Stoppage. The Work is stopped for sixty (60) consecutive Days, through no act or fault of Contractor, any Subcontractor, or any employee or agent of Contractor or any Subcontractor, due to issuance of an order of a court or other public authority other than City having jurisdiction or due to an act of government, such as a declaration of a national emergency making material unavailable. This provision shall not apply to any work stoppage resulting from the City’s issuance of a suspension notice issued either for cause or for convenience. 17.1.2 For City's Non-Payment. If City does not make pay Contractor undisputed sums within ninety (90) Days after receipt of notice from Contractor, Contractor may terminate the Construction Contract (30) days following a second notice to City of Contractor’s intention to terminate the Construction Contract. Rev. August 3, 2010 3. Construction Contract Template August 3, 2010.DOC 17.2 Damages to Contractor. In the event of termination for cause by Contractor, City shall pay Contractor the sums provided for in Paragraph 16.5.1 above. Contractor agrees to accept such sums as its sole and exclusive compensation and agrees to waive any claim for other compensation or Losses, including, but not limited to, loss of anticipated profits, loss of revenue, lost opportunity, or other consequential, direct, indirect and incidental damages, of any kind. SECTION 18 ACCOUNTING RECORDS. 18.1 Financial Management and City Access. Contractor shall keep full and detailed accounts and exercise such controls as may be necessary for proper financial management under this Construction Contract in accordance with generally accepted accounting principles and practices. City and City's accountants during normal business hours, may inspect, audit and copy Contractor's records, books, estimates, take-offs, cost reports, ledgers, schedules, correspondence, instructions, drawings, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to this Project. Contractor shall retain these documents for a period of three (3) years after the later of (i) final payment or (ii) final resolution of all Contract Disputes and other disputes, or (iii) for such longer period as may be required by law. 18.2 Compliance with City Requests. Contractor's compliance with any request by City pursuant to this Section 18 shall be a condition precedent to filing or maintenance of any legal action or proceeding by Contractor against City and to Contractor's right to receive further payments under the Contract Documents. City many enforce Contractor’s obligation to provide access to City of its business and other records referred to in Section 18.1 for inspection or copying by issuance of a writ or a provisional or permanent mandatory injunction by a court of competent jurisdiction based on affidavits submitted to such court, without the necessity of oral testimony. SECTION 19 INDEPENDENT PARTIES. Each party is acting in its independent capacity and not as agents, employees, partners, or joint venturers of the other party. City, its officers or employees shall have no control over the conduct of Contractor or its respective agents, employees, subconsultants, or subcontractors, except as herein set forth. SECTION 20 NUISANCE. Contractor shall not maintain, commit, nor permit the maintenance or commission of any nuisance in connection in the performance of services under this Construction Contract. SECTION 21 PERMITS AND LICENSES. Except as otherwise provided in the Special Provisions and Technical Specifications, The Contractor shall provide, procure and pay for all licenses, permits, and fees, required by the City or other government jurisdictions or agencies necessary to carry out and complete the Work. Payment of all costs and expenses for such licenses, permits, and fees shall be included in one or more Bid items. No other compensation shall be paid to the Contractor for these items or for delays caused by non-City inspectors or conditions set forth in the licenses or permits issued by other agencies. SECTION 22 WAIVER. A waiver by either party of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character. Rev. August 3, 2010 3. Construction Contract Template August 3, 2010.DOC SECTION 23 GOVERNING LAW. This Construction Contract shall be construed in accordance with and governed by the laws of the State of California. SECTION 24 COMPLETE AGREEMENT. This Agreement represents the entire and integrated agreement between the parties and supersedes all prior negotiations, representations, and contracts, either written or oral. This Agreement may be amended only by a written instrument, which is signed by the parties. SECTION 25 SURVIVAL OF CONTRACT. The provisions of the Construction Contract which by their nature survive termination of the Construction Contract or Final Completion, including, without limitation, all warranties, indemnities, payment obligations, and City’s right to audit Contractor’s books and records, shall remain in full force and effect after Final Completion or any termination of the Construction Contract. SECTION 26 PREVAILING WAGES. This Project is not subject to prevailing wages. The Contractor is not required to pay prevailing wages in the performance and implementation of the Project, because the City, pursuant to its authority as a chartered city, has adopted Resolution No. 5981 exempting the City from prevailing wages. The City invokes the exemption from the state prevailing wage requirement for this Project and declares that the Project is funded one hundred percent (100%) by the City of Palo Alto. SECTION 27 NON APPROPRIATION. 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 the City does not appropriate funds for the following fiscal year for this event, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Construction Contract are no longer available. This section shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Agreement. SECTION 28 AUTHORITY. The individuals executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities. SECTION 29 ATTORNEY FEES. Each Party shall bear its own costs, including attorney’s fees through the completion of mediation. If the claim or dispute is not resolved through mediation and in any dispute described in Paragraph 14.2, the prevailing party in any action brought to enforce the provision of this Agreement may recover its reasonable costs and attorney’s 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 attorney’s’ fees paid to third parties. SECTION 30 SEVERABILITY. In case a provision of this Construction Contract is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected. Rev. August 3, 2010 3. Construction Contract Template August 3, 2010.DOC IN WITNESS WHEREOF, the parties have caused this Construction Contract to be executed the date and year first above written. CITY OF PALO ALTO ____________________________ City Manager APPROVED AS TO FORM: ___________________________ Senior Deputy City Attorney ANDERSON PACIFIC ENGINEERING CONSTRUCTION, INC. By:___________________________ Name:_________________________ Title:________________________ City of Palo Alto (ID # 2282) City Council Staff Report Report Type: Consent Calendar Meeting Date: 11/21/2011 November 21, 2011 Page 1 of 2 (ID # 2282) Summary Title: HP Switch Standardization Title: Approval to Adopt Networking Equipment Standardization based upon Hewlett Packard Network Switching Equipment From:City Manager Lead Department: IT Department Recommendation Staff recommends that Council approve the standardization of Hewlett Packard (HP) network switching equipment for a period of 10 years. Executive Summary In an effort to upgrade the existing Information Technology Infrastructure to better support current and future technology needs,the Information Technology Department is requesting Council’s approval of a networking equipment standardization based upon Hewlett Packard’s (HP) network switches. Consistent with the Palo Alto Municipal Code, Section 2.30.900 Standardization, the determination to standardize on HP switches is based on the following factors: ·Minimization of repair and maintenance costs; ·Reduced requirements for operation and maintenance training Background The City currently has over 100 HP network switches throughout its facilities and has utilized this brand of switches for over 11 years. The existing switches are over 8 years old and while these switches served the City well over these years, they are now outdated and many have reached the end of their useful lives. With the upcoming Telephone System Replacement, it is essential that new switches are acquired to better facilitate Power Over Ethernet (PoE) and provide the highest level of Quality of Service (QoS). Discussion City staff, along with an independent consultant hired to assist with Telephone System Replacement, verified that the new HP switches will fully meet the requirements of the switching environment. November 21, 2011 Page 2 of 2 (ID # 2282) Because the City has utilized HP switches for many years, technical staff are very proficient in configuring and deploying the equipment and will not require additional training. In addition, existing parts are compatible with new equipment. The following factors are offered in support of staff’s recommendation to standardize on HP network switches: 1.All local area network (LAN) gear are currently HP and it is highly desirable to have consistency across the network, especially when preparing to deploy Voice over Internet Protocol (VoIP) technologies; 2.City IT staff is familiar and trained on HP switches; 3.New equipment being purchased for upcoming remodels is HP; and 4.HP is tier 1 provider with wide market share and high customer satisfaction While the City is standardizing on the HP Original Equipment Manufacturered (OEM) switches, the procurement of these switches will be facilitated through a competitive bidding process to obtain the best pricing from a qualified HP dealer. Timeline Upon Council’s approval of standardization, the procurement process to acquire new network switches will commence. Prepared By:Lisa Bolger, Manager, IT Department Head:Rob Braulik, Project Manager City Manager Approval: James Keene, City Manager City of Palo Alto (ID # 2111) City Council Staff Report Report Type: Consent Calendar Meeting Date: 11/21/2011 November 21, 2011 Page 1 of 6 (ID # 2111) Council Priority: Land Use and Transportation Planning Summary Title: Response to One Bay Area Grant Title: Approval of City of Palo Alto Response Letter to Metropolitan Transportation Commission Regarding One Bay Area Grant Proposal From:City Manager Lead Department: Planning and Community Environment Recommendation Staff recommends that Council approve the attached letter for the Mayor’s signature, commenting to the Metropolitan Transportation Commission (MTC) regarding the proposed One Bay Area Grant Program criteria. Background On October 3, 2011, John Ristow of the Valley Transportation Authority (VTA) provided an overview of the Metropolitan Transportation Commission’s (MTC’s) proposed One Bay Area Grant Program. As proposed, the new program would provide a flexible transportation funding mechanism for the FY2013 through 2015 period. The One Bay Area Grant Program (OBAG) would advance more funding to the various regional congestion management agencies, such as the VTA for Santa Clara County, but would also place restrictions on the distribution of funds per county based on population, Regional Housing Needs Allocations (RHNA), and Planned Development Area (PDA) locations. VTA outlined the scope of the criteria proposed by the OBAG, and supported the concept of funding based on population, which approximately doubles the amount of funding available in Santa Clara County in the 2013-2015 timeframe. VTA also, however, noted several concerns of theirs, including those related to: a) the limitations of funding focused on PDAs, b) the inclusion of roadway rehabilitation projects in the program funding, detracting from funds available for new bicyle, pedestrian and transit support; c) the vagueness of some of the criteria required to qualify for funding (e.g., parking policies, trip reduction ordinances, affordable housing policies), and d) the inclusion of a certified housing element as a prerequisite to funding. Mr. Ristow noted that MTC is looking for input from cities, counties and transportation agencies by early November. VTA has prepared a draft response to MTC, which is included as Attachment D to the staff report. November 21, 2011 Page 2 of 6 (ID # 2111) Discussion A copy of the proposed One Bay Area Grant Program is included as Attachment B. A VTA fact sheet about the program is included as Attachment C. Santa Clara County Funding Distribution Under the current structure, transportation grant funding to the region is typically distributed by MTC to various transportation program elements such as Local Streets & Roads, Regional Bicycle Program, Transportation for Livable Communities (TLC), etc. These programs fund projects such as the Stanford Avenue –El Camino Real Intersection Improvements, preparation of the Bicycle-Pedestrian Plan, various bicycle and pedestrian facilities (bike racks, signage, bike sharing, etc.). The distribution of funds to the different counties from each program element varies based on both fixed distribution and population share. A portion of those funds are distributed by the local congestion management agencies such as the VTA for Santa Clara County. The One Bay Area Grant proposal would change this structure by providing $211M in funding for the 2013-2015 cycle for the various regional congestion management agencies. In Santa Clara County, the VTA would receive $55M based on a 26% population-based formula for the region, an increase of $27M over the normal $28M received by the VTA under the current MTC distribution structure. The table below shows a breakdown of proposed regional funding by County from the One Bay Area Grant program. A majority of the reallocated funding, 70%, would be tied to Priority Development Area programs and is discussed further in this report. One Bay Area Grant Proposal –Proposed County Allocations Allocation Areas County Grant Amount ($M)PDA –70%County Choice - 30% Alameda $42.4 $29.7 $12.7 Contra Costa $31.5 $22.0 $9.4 Marin $6.4 $4.5 $1.9 Napa $4.2 $2.9 $1.2 San Francisco $24.6 $17.2 $7.4 San Mateo $17.2 $12.0 $5.1 Santa Clara $55.3 $38.7 $16.6 Solano $13.8 $9.6 $4.1 Sonoma $13.8 $11.0 $4.7 $211 $147.7 $63.3 Each local congestion management agency would be responsible for the distribution of funds and how that funding would be distributed by the VTA has not yet been decided. One proposal by the VTA would be to continue the current programs already established such as the Bicycle November 21, 2011 Page 3 of 6 (ID # 2111) Expenditure Program, Local Streets & Roads, etc. and just increase the funding allocation per program. If the One Bay Area Grant program is approved by MTC, the VTA will work with the various advisory groups to identify an appropriate distribution method for Santa Clara County. Priority Development Area (PDA) Focus The proposed One Bay Area Grant Program proposes that 70% of the available funding be allocated to areas within a Priority Development Area (PDA) of cities and counties. The only PDA in Palo Alto is located in the California Avenue area, though the El Camino Real Corridor and the University Avenue/Downtown area would likely also be candidate areas. Cities may, through December of this year, request that these “growth opportunity areas” also be designated Priority Development Areas, so that they may more readily be considered for transportation grant funding. To do so would require staff to estimate growth potential and “place type” for each area and for the Council to authorize the designation. Staff will be discussing this with the Council’s SB375 committee shortly. Priority Criteria for Grant Funding The One Bay Area Grant Program includes a recommendation that, in order to qualify for funding, a City must meet each of two primary criteria: 1.Supportive Local Transportation and Land Use Policies, including two of four of the following: parking/pricing policies, adopted community risk reduction plans (air quality), affordable housing policies to ensure development does not displace low income housing, and/or adopted bicycle/pedestrian plans and complete streets policy; and 2.An approved housing element, either for the current housing cycle or by not later than September 2014 for the next RHNA cycle (2015-2022). Staff believes that the City would likely qualify under the first group of criteria, although they are vaguely defined. However, requiring a compliant housing element is both problematic, premature, and vests too much authority in the State Department of Housing and Community Development (HCD) to require compliance. Proposed City of Palo Alto Letter to MTC Staff has prepared a letter (Attachment A) for the Mayor’s signature, supporting the increased funding for Santa Clara County and linking funding to support areas of focused growth, but noting several significant concerns and objections to the current proposal: 1.Limitation to Planned Development Areas: The policy of directing 70% of the funding to Planned Development Areas (PDAs) should be broadened to also include the identified “growth opportunity areas.” For Palo Alto, that includes the El Camino corridor and Downtown, at a minimum, in addition to the California Avenue PDA. The program should also be broad enough to recognize that some improvements may actually be located outside those boundaries, but still may support walkable, bicycle-friendly and transit-oriented communities. For example, a shuttle program or bike-share program to or through the Stanford Research Park would serve connections to the California November 21, 2011 Page 4 of 6 (ID # 2111) Avenue PDA, but the actual transportation improvements or program may be located outside of the PDA and El Camino boundaries. 2.Funding Eligibility Criteria: The specified funding eligibility criteria are vaguely defined, and it is difficult, if not impossible, to determine whether those criteria are attainable based on the current language. The City requests further details of how each is defined: a.Parking policies and employer trip reductions: The criteria should clarify whether this includes parking “pricing” policies or parking “reduction” policies, or both. Examples of “employer trip reductions” should also be provided to indicate the scope of that measure. The criteria should also specify parking policies “or” employer trip reductions rather than “and” or, preferably, identify them as two separate criteria. b.Adopted community risk reduction plans: These air quality plans are most applicable in intense urban areas near freeways and so are not likely to be in place in many cities. It is therefore unfair to apply this as one of the key criteria for eligibility for transportation funding. c.Affordable housing policies/displacement: The criteria should clarify whether this anticipates that Housing Element or other policies would preclude the loss of existing restricted affordable units (either by the city or by subsidized housing) or if some broader application is expected. The City of Palo Alto suggests that an inclusionary housing ordinance or similar policies protecting long-term affordability (e.g., 30 years) of such units constitute eligibility under this program. d.Adopted bicycle/pedestrian plans and complete streets policies: These plans and programs should be identified as “adopted” by the local agency, in whatever form that may take (general plan or separate plan/policies). 3.Housing Element Prerequisite: Requiring a certified Housing Element as prerequisite to eligibility is premature and problematic. The Regional Housing Needs Allocation will be based on a Sustainable Communities Strategy (SCS) that has not yet been approved, so it is inappropriate to require compliance with a process that has not been finalized. The Housing Element eligibility prerequisite is also highly problematic, as certification of a Housing Element involves many complexities and is subject to the highly discretionary approval by a State agency (the Department of Housing and Community Development). Such a requirement would vest a tremendous amount of authority with HCD to determine the fate of a city’s or county’s transportation funds. The City of Palo Alto suggests that the Housing Element certification be only one of multiple criteria to be considered, but not be a prerequisite of funding. 4.Number of Criteria to Meet: The City of Palo Alto proposes that no single criteria be prerequisite to funding eligibility, but that a specified number of criteria from a list be established. For instance, satisfying 3 of 5 criteria might be required, where the 5 criteria include: a) a certified housing element, b) policies to reduce parking, c) employer November 21, 2011 Page 5 of 6 (ID # 2111) trip reduction measures, d) affordable housing protections, and e) adopted “complete streets” policy and/or pedestrian/bicycle plan. Staff also outlines in the letter some of the significant recent efforts the City has made in furtherance of the goals of such a funding program, including a) update of Bike/Ped Plan, b) improvements to the Stanford/El Camino Real intersection, c) a Safe Routes to School programs resulting in record numbers of schoolchildren walking or bicycling to school, d) traffic calming efforts along heavily traveled roadway corridors, e) planned California Avenue Streetscape Improvements, f) the first bicycle parking corral in the Bay Area. Update of Sustainable Communities Strategy (SB375) and RHNA Staff and the Council’s SB375 Committee continue to meet to evaluate the alternative land use and transportation scenarios under review by ABAG and MTC. The timeframe for response to the scenarios has been extended to January 31, 2011.The Regional Housing Needs Allocation (RHNA) Methodology Committee met on October 27th, but will not meet again until February. The RHNA numbers are now scheduled to be released for review by Bay Area jurisdictions in May of 2012. A more complete report and update of the SB375 process and the Committee review is scheduled for the Council’s December 5, 2011 meeting. Next Steps The City’s comments regarding the One Bay Area Grant Program will be forwarded to the Metropolitan Transportation Commission (MTC) following Council action. The MTC will be revising the One Bay Area Grant Program for further input before presenting it to the MTC Board for approval, likely in early Spring 2012. The City will continue to monitor the MTC proposal as well as to participate in the discussions about the SCS regional planning effort. Staff will continue to work with the Council’s SB375 Committee and report back to the Council on December 5, 2011. Staff will also update the Planning and Transportation Commission on November 30, 2011. Resource Impact There is little resource impact associated with preparing this letter and communicating with MTC and VTA. The requirement of the MTC One Bay Area Grant Program for an approved Housing Element (or other requirements, if vaguely defined) may impact the City’s ability to complete for future grant fund programs if the City does not have an approved housing element and meet other criteria by the time the new program goes into effect. The potential implications of non-eligibility could result in the loss of millions of dollars of grant funds for City- proposed transportation improvements. Attachments: ·Attachment A: Draft Letter to MTC on One Bay Area Grant (PDF) ·Attachment B: OneBayArea_GrantProposal (PDF) November 21, 2011 Page 6 of 6 (ID # 2111) ·Attachment C: OneBayArea Grant Fact Sheet_VTA (PDF) ·Attachment D: VTA Comments_OneBayArea Grant (PDF) Prepared By:Curtis Williams, Director Department Head:Curtis Williams, Director City Manager Approval: James Keene, City Manager DRAFT November 22, 2011 Steve Heminger, Executive Director Metropolitan Transportation Commission 101 Eighth Street Oakland, CA 94607 Re: One Bay Area Grant Proposal Dear Mr. Heminger: Thank you for the opportunity for the City of Palo Alto to provide input to the proposed One Bay Area Grant program by the Metropolitan Transportation Commission (MTC) and the Association of Bay Area Governments (ABAG). As you may be aware, the City has a strong record of leadership in providing facilities and programs to encourage alternative transportation options, often in partnership with MTC, the Valley Transportation Authority (VTA), and Joint Powers Board of Caltrain. Some of the City’s recent projects, most of which have been partially supported with outside funding, have included: • Bicycle and Pedestrian Transportation Plan 2011: The City is completing its updated plan to accommodate enhanced bicycle and pedestrian facilities and programs, and to elevate the City’s Bicycle-Friendly Community status from Gold to Platinum level. • Stanford Avenue/El Camino Real Intersection Improvements: The City has recently completed improvements at this intersection to enhance safety for pedestrians and cyclists, including children who use the intersection as a route to school, and to upgrade the aesthetic qualities of the intersection and of El Camino Real. We expect the project will serve as a template for improving intersections throughout the Grand Boulevard corridor. • Safe Routes to School: The City’s Safe Routes to School program has resulted in a phenomenal increase in school children bicycling and walking to school over the past decade. In the 2011 fiscal year, City staff coordinated 140 in-class bike and pedestrian safety education programs in 12 elementary schools, reaching 4,250 students. Recent surveys of how children usually get to elementary school showed an average of 42% choosing to walk, bike or skate to school, compared to a national average of only 13% (figures for middle schools and high schools are even greater). A recent grant will allow the City to prepare Safe Routes maps for every elementary school in the city as well as to expand our education curriculum into middle schools and to adults. • Traffic Calming on Residential Arterials: The City has an ambitious traffic calming program along “residential arterials” in efforts to support our Safe Routes to School program. In particular, the Charleston Road-Arastradero Road Corridor project has provided substantial safety improvements and selective lane reductions to enhance bicycling and walking while maintaining efficient levels of vehicle throughput similar to those prior to the traffic calming improvements. • Bike Parking Corrals: The City has recently installed the first green “bicycle parking corral” in the Bay Area, providing for up to 10 bicycle parking spaces in a highly visible, signed on-street area in downtown, replacing one vehicle parking space. Up to a dozen more such installations are planned in the downtown and California Avenue areas. MTC: One Bay Area Grant Page 2 2 • California Avenue Streetscape Improvements: A pending grant would support the substantial upgrade of California Avenue to a more pedestrian and bicycle-friendly roadway, incorporating “complete street” principles, and also enhancing access to the California Avenue Caltrain station. • Local Shuttles: The City, with some support from the Caltrain JPB, offers local shuttle services for commuters, school children, seniors and others between points of interest within the city. These shuttles further reduce the need for single-occupant vehicle trips and reduce traffic congestion and parking needs. The City appreciates the importance of a cooperative, coordinated and efficient funding effort for transportation improvements to further these goals. The City does, however, have several important concerns and objections to the current proposal for the One Bay Area Grant Program, as outlined below. 1. Limitation to Planned Development Areas: The proposed policy of directing 70% of the funding to Planned Development Areas (PDAs) should be broadened to also include the identified “growth opportunity areas.” For Palo Alto, that includes the El Camino corridor and Downtown, at a minimum, in addition to the California Avenue PDA. The program requirements should also be flexible enough to recognize projects involving improvements that may actually be located outside PDA or growth opportunity area boundaries, but still may support walkable, bicycle-friendly and transit-oriented communities. For example, a shuttle program or bike-share program to or through the Stanford Research Park would serve connections to the California Avenue PDA, but the actual transportation improvements or program may be located outside of the PDA and El Camino boundaries. 2. Housing Element Prerequisite: Requiring a certified Housing Element as prerequisite to eligibility is premature and problematic. The Regional Housing Needs Allocation will be based on a Sustainable Communities Strategy (SCS) that has not yet been approved, so it is inappropriate to require compliance with a process that has not been finalized and the implications of which are unknown. The Housing Element eligibility prerequisite is also highly problematic, as certification of a Housing Element involves many complexities and is subject to a highly discretionary approval process by a State agency (the Department of Housing and Community Development). Such a requirement would vest a tremendous amount of authority with HCD to determine the fate of a city’s or county’s transportation funds. The City of Palo Alto suggests that the Housing Element certification be only one of multiple criteria to be considered, but not be a prerequisite of funding. 3. Funding Eligibility Criteria: The specified funding eligibility criteria are vaguely defined, and it is difficult, if not impossible, to determine whether those criteria are attainable based on the current language. The City recommends adding further details explaining how each is defined: a. Parking policies and employer trip reductions: The criteria should clarify whether this includes parking “pricing” policies or parking “reduction” policies, or both. Examples of “employer trip reductions” should also be provided to indicate the scope of that measure. The criteria should allow for parking policies “or” employer trip reductions or, preferably, should identify them as two separate criteria. b. Adopted community risk reduction plans: These air quality plans are most applicable in intense urban areas near freeways and so are not likely to be in place in many cities. It is MTC: One Bay Area Grant Page 3 3 therefore not reasonable to apply this as one of the key criteria for eligibility for transportation funding. c. Affordable housing policies/displacement: The criteria should clarify whether this factor anticipates that Housing Element or other policies would preclude the loss of existing restricted affordable units (either by the city or by state or federal subsidies) or if some broader application is expected. The City of Palo Alto suggests that an inclusionary housing ordinance or similar policies protecting long-term affordability (e.g., 30 years) of such units constitute eligibility under this program. d. Adopted bicycle/pedestrian plans and complete streets policies: These plans and programs should be identified as “adopted” by the local agency, in whatever form that may take (general plan or separate plan/policies). 4. Number of Criteria to Meet: The City of Palo Alto proposes that no single criteria be prerequisite to funding eligibility, but that a specified minimum number of criteria from a list should be established. For instance, satisfying 3 of 5 criteria might be required, where the 5 criteria include: a) a certified housing element, b) policies to reduce parking, c) employer trip reduction measures, d) affordable housing protections, and e) adopted “complete streets” policy and/or pedestrian/bicycle plan. Thank you for your consideration of these issues and suggestions. The City of Palo Alto hopes to remain at the forefront of continuing efforts to facilitate programs to encourage transit, bicycle, and pedestrian use in the Bay Area, and believes it is essential that the One Bay Area Grant process support those efforts as outlined above. If you have questions, please feel free to contact Curtis Williams, the City’s Director of Planning and Community Environment, at (650) 329-2321 or curtis.williams@cityofpaloalto.org. Sincerely, Sidney Espinosa, Mayor City of Palo Alto Cc: City Council Planning and Transportation Commission James Keene, City Manager Ezra Rapport, ABAG John Ristow, VTA TO: MTC Planning Committee / ABAG Administrative Committee DATE: July 8, 2011 FR: Deputy Executive Director, Policy, MTC Executive Director, ABAG RE: OneBayArea Grant — Cycle 2 STP/CMAQ Funding Staff recommends the initial release of the OneBayArea Grant proposal as outlined in this memorandum for public review and discussion. Federal Transportation Funding and Program Policies (Attachment A) Approximately every six years, U.S. Congress enacts a surface transportation act. The current act (SAFETEA) originally scheduled to expire on September 30, 2009 is still in effect through several legislative extensions. The funding provided to our area through this legislation includes Surface Transportation Program (STP) and Congestion Mitigation and Air Quality (CMAQ) funds. In December 2009 the Commission adopted an overall framework directing how approximately $1.4 billion in STP and CMAQ funds were to be allocated over the following six years (2010- 2015). The first three years (Cycle 1) of this period were committed to projects and programs and the overall framework provided policy direction for the second three years (Cycle 2). Staff proposes an alternative to the current Cycle 2 framework that better integrates the region’s federal transportation program with land-use and housing policies by providing incentives for the production of housing with supportive transportation investments. Attachment A summarizes this framework and proposal for Cycle 2. OneBayArea Grant Program As shown in the chart below, over time the county congestion management agencies (CMAs) have been given increased responsibility for project selection for an increasing share of funding coming to the region. MTC Planning Committee/ABAG Administrative Committee: OneBayArea Grant (cont.) July 8, 2011 Page 2 Program and Project Selection Evolves over Past Two Decades For Cycle 2, staff proposes to continue this trend by shifting a larger portion of discretionary federal funding to local jurisdictions for taking on a larger share of the region’s housing production. Further, additional flexibility is proposed for CMAs to address their respective transportation needs. Specifically, the proposal would: Shift more Funding to Locally Managed OneBayArea Grant Program: Dedicate $214 million or roughly 40% of the Cycle 2 funding program to a new OneBayArea Grant. The funding for the OneBayArea Grant is the result of merging many of the programs in the Cycle 2 framework into a single flexible grant program and is roughly a 70% increase in the funding distributed to the counties as compared to the Cycle 2 framework adopted by the Commission. By comparison, the status quo approach for Cycle 2 would result in 22% going to County Congestion Management Agency (CMA) programs down from 30% in Cycle 1 Add Flexibility by Eliminating Program Categories: The One Bay Grant proposal provides additional flexibility under Cycle 2 by eliminating required program categories and combining funding for TLC, Bicycle, Local Streets and Roads Rehabilitation, and Safe Routes to School. See figure illustrating this change on the following page. Project selection will be limited to a degree by the project eligibility limitations of CMAQ which will make up approximately half of the funds that each county will receive. Past Long Range Plan Discretionary Funding Assignments $- $1.0 $2.0 $3.0 $4.0 $5.0 MTC CMAs MTC CMAs MTC CMAs 2001 RTP T 2030 T 2035 Bi l l i o n s Lifeline Bike/Ped TLC LS&R T 20302001 RTP T 2035 MTC Planning Committee/ABAG Administrative Committee: OneBayArea Grant (cont.) July 8, 2011 Page 3 LSR TLC Bike Bicycle, TLC, LSR, SR2S Original Framework $122M Proposed OneBayArea Grant $214M Leverage Outside Funds to Grow Program and Meet More Objectives: Additional opportunities could be sought through other regional programs, other non-federal sources for affordable housing, and other local funds to augment program objectives. As a start, the Air District proposes $6 million from its Regional Transportation for Clean Air (TFCA) Program. TFCA eligibility considerations will be guiding the use of these funds in the overall program. Continue Key Regional Programs: The remaining funding is targeted to continue regional programs such as Regional Operations, Freeway Performance Initiative, and Transit Capital Rehabilitation. Refer to Attachment A-2 for a description of these regional programs. Establish a Priority Conservation Area Planning Program: This new $2 million program element will provide financial incentives for counties with populations under 500,000 for preservation of resource area and farmland, as defined in California Government Code Section 65080.01. Distribution Formula for the OneBayArea Grant (Attachments B, C, D) Staff proposes a distribution formula for OneBayArea Grant funding (Attachment B) that includes housing incentives to support the SCS and promote effective transportation investments that support focused development. In order to ease the transition to this new funding approach, staff is also recommending a 50% population share factor in the formula: 1. Formula to Counties: The proposed distribution formula to the counties includes three components: 50% population, 25% Regional Housing Needs Allocation (RHNA) for 2007-2014, and 25% actual housing production. This approach provides incentives for both future housing commitments and actual housing production. The fund distribution will be refined using the new RHNA to be adopted by ABAG next spring along with the SCS. The new RHNA being developed, which covers years 2015-2022, places a greater emphasis on city centered growth. As a result, refinements are likely to result in modest MTC Planning Committee/ABAG Administrative Committee: OneBayArea Grant (cont.) July 8, 2011 Page 4 revisions to the funding distribution consistent with these revised development patterns. The proposed OneBayArea Grant formula also uses actual housing data from 1999-2006, and has been capped such that each jurisdiction receives credit for housing up to its RHNA allocation. Subsequent funding cycles would rely on housing production from ABAG’s next housing report to be published in 2013. 2. Priority Development Area (PDA) Minimum: Require that at least 70% of funding be spent on projects in Priority Development Areas (planned, potential and growth opportunity areas). Growth opportunity areas are tentatively considered as PDAs until ABAG completes final PDA designations next fall. See Attachment C for PDA program minimums for each county and Attachment D for a map and a list of the PDAs. Anywhere 30% PDA Restricted 70 % Proposed Funding Minimum to be Spent in PDAs $64M $150M The OneBayArea Grant supports Priority Development Areas while providing flexibility to fund transportation needs in other areas. Performance and Accountability As noted at the outset, housing allocation according to RHNA and housing production will be the primary metric for distributing the OneBayArea Grant funding. In addition, staff recommends the following performance and accountability requirements. 1. Supportive Local Transportation and Land-Use Policies: Staff recommends that local agencies be required to have at least two of the following four policies adopted in order to be eligible for grant funds: a) Parking/pricing policies (e.g. cash out, peak pricing, on-street/off street pricing differentials, eliminate parking minimums, unbundled parking) and adopted city and/or countywide employer trip reduction ordinances b) Adopted Community Risk Reduction Plans (CRRP) per CEQA guidelines c) Have affordable housing policies in place or policies that ensure that new development projects do not displace low income housing MTC Planning Committee/ABAG Administrative Committee: OneBayArea Grant (cont.) July 8, 2011 Page 5 d) Adopted bicycle/pedestrian plan and complete streets policy in general plans pursuant to Complete Streets Act of 2008 2. Approved Housing Element: Also, a HCD-approved housing element consistent with RHNA/SB375 law is a proposed condition for any jurisdiction receiving Cycle 2 OneBayArea grants. This may be met as follows: 1) adoption of a housing element that meets the current RHNA before the new RHNA is adopted, or 2) the adoption of a housing element that meets the new RHNA after its approval early in 2012. Jurisdictions have 18 months after the adoption of the SCS to meet the new RHNA; therefore, compliance is expected and required by September 2014. Any jurisdiction failing to meet either one of these deadlines will not be allowed to receive grant funding. Lastly any jurisdiction without adopted housing elements addressing the new RHNA by September 2014 will be ineligible to receive any funding after Cycle 2 until they have adopted a housing element. Implementation Issues Below are issues to be addressed as we further develop the OneBayArea Grant concept: 1. Federal Authorization Uncertainty: We will need to closely monitor development of the new federal surface transportation authorization. New federal programs, their eligibility rules, and how money is distributed could potentially impact the implementation of the OneBayArea Grant Program as proposed. 2. Revenue Estimates: Staff assumes a steady but modest nominal revenue growth rate of 4% annually. Given the mood of Congress to downsize federal programs, these estimates are potentially overly optimistic if there are significant reductions in STP / CMAQ apportionments over the Cycle 2 time period. Staff recommends continuing to move forward with the conservative revenue assumptions and make adjustments later if needed. Preliminary Timeline and Next Steps Staff recommends the Committees release the OneBayArea Grant proposal for public review. Staff will seek feedback from stakeholder and technical working groups over the next several months. The preliminary timeline for development and approval of the OneBay Area Grant is shown on the next page. MTC MTC MTC 1 Regional Planning *23 26 5 21 26 2 Regional Operations 84 0 74 0 74 0 74 3 Freeway Performance Initiative (FPI)51 0 66 0 66 0 66 4 Transit Capital Rehabilitation *0 0 125 0 125 0 125 5 Local Streets and Roads Rehabilitation*6 94 7 70 3 74 77 6 Climate Initiatives *80 40 25 15 40 7 Regional Bicycle Program *0 20 0 20 0 20 20 8 Transportation for Livable Communities (TLC) *51 28 64 32 9 Transportation Oriented Development (TOD) Fund 10000 10 Priority Conservation Area Planning Pilot 2 11 MTC Res 3814 Transit Payback Commitment 6 0 25 0 25 0 25 324 142 426 122 340 214 554 70% 30% 78% 22% 61% 39% 142 30% 122 22% 214 39% * 15 Existing Framework Cycle 1 Cycle 2 Status Quo CMA Grant Attachment A OneBayArea Grant Proposal New Act STP / CMAQ Cycle 2 Draft Funding Proposal June 22, 2011 (amounts in millions $) Cycle 1: $466M (after $54M Carryover) Cycle 2: $548M Air District: $6M One Bay Area Grant* Cycle 2 One Bay Area Cycle 2 Total CMA Block Grant Funding Available: Total Grant Totals: Cycle 2 One Bay Area Cycle 2 Status Quo J:\PROJECT\Funding\T4 - New Act\T4 - STP-CMAQ\T4 Cycle Programming\T4 Second Cycle\Cycle 2 Policy Dev\One Bay Area Grant\[Cycle2 Develop tables.xls]Program Funding 6-22-11 Cycle 1 Block Grant 1) Regional Planning: $21M ($7M per year) for CMA Planning to be distributed to CMAs through OneBayArea Grant. 4) Transit Capital Rehabilitation: 100% Transit Rehab assigned as Regional Transit Rehabilitation, as Transit is network based and regional $20M as CMAQ rather than TE as originally proposed in Framework 8) Transportation for Livable Communities (TLC) TLC program eliminated - All TLC funds to OneBayArea grant 5) Local Streets and Roads Rehabilitation $3M for a scaled back PTAP program 6) Climate Initiative: $5M for SFGo in Regional. Eastern Solano CMAQ to Solano TA part of OneBayArea Grant. 102 Air District funding of $6 million adds capacity to suppport OneBay Area Grant. 85 7) Regional Bicycle Program: Attachment A-2: Regional Programs Regional Planning to support planning activities in the region carried out by the Association of Bay Area Governments (ABAG), the San Francisco Bay Area Conservation and Development commission (BCDC), and MTC. CMAs would access their OneBayArea grant to fund planning activities. Regional Operations: This program includes Clipper, 511, Incident Management and a scaled- back Pavement Technical Assistance Program (PTAP). Freeway Performance Initiative This program emphasizes the delivery of ramp metering projects on the State Highway System throughout the Bay Area to gain the most efficiency out of the existing highway network. Priority Conservation Area Planning: Staff is recommending a new pilot for the development priority conservation area (PCA) plans for counties with populations under 500,000 to ameliorate outward development expansion and maintain their rural character. Transportation for the Livable Communities (TLC) and the Affordable Transportation Oriented Development (TOD) Housing Fund: The bulk of the TLC Program’s funding will shift to the OneBayArea Grant. The remaining funds under MTC’s management are proposed to continue station area planning and/or CEQA assistance to PDAs and support additional investments in affordable housing. Climate Initiatives: The objective of the Climate Initiatives Program launched in Cycle 1 was to make short-term investments that reduce transportation-related emissions and vehicle miles traveled, and encourage the use of cleaner fuels. Through the innovative projects selected and evaluation process, the region is building its knowledge base for the most effective Bay Area strategies for the Sustainable Communities Strategy and next long-range plan. The proposed funding for the Cycle 2 Climate Initiative Program would allow some continuation of these efforts at the regional level and protect a prior commitment to the SFGo project. Transit Capital Rehabilitation: The Commission deferred transit rehabilitation needs from Cycle 1 to Cycle 2 in order to allow more immediate delivery of some of the other programs. The program objective, as in the past, is to assist transit operators to fund major fleet replacements, fixed guideway rehabilitation and other high-scoring capital needs that cannot be accommodated within the FTA Transit Capital Priorities program. MTC Resolution 3814 Transit Payback Commitment: Consistent with the Cycle 2 framework, MTC is proposing to program $25 million to Lifeline, small operators, and SamTrans right-of- way settlement to partially address a commitment originally envisioned to be met with state spillover funds. County 50%-25%-25% (Pop. - RHNA - Housing Production Capped) Status Quo Grant Program Alameda $43.0 $25.4Contra Costa $31.9 $16.6 Marin $6.4 $5.0 Napa $4.2 $2.9 San Francisco $25.0 $11.8 San Mateo $17.4 $11.1 Santa Clara $56.1 $28.1 Solano $14.0 $9.0 Sonoma $16.0 $12.3 Bay Area Total $214.0 $122.1 Difference From Status Quo Grant Program County 50%-25%-25% (Pop. - RHNA - Housing Production Capped) Status Quo Grant Program Alameda $17.7 -Contra Costa $15.3 - Marin $1.5 - Napa $1.3 - San Francisco $13.2 -San Mateo $6.3 -Santa Clara $28.0 - Solano $5.0 - Sonoma $3.7 - Bay Area Total $91.9 - % Change From Status Quo Grant Program County 50%-25%-25% (Pop. - RHNA - Housing Production Capped) Status Quo Grant Program Alameda 70% - Contra Costa 92% - Marin 29% - Napa 45%- San Francisco 112%-San Mateo 57%- Santa Clara 100%- Solano 55%- Sonoma 30%- Bay Area Total 75%- Notes: J:\PROJECT\Funding\T4 - New Act\T4 - STP-CMAQ\T4 Cycle Programming\T4 Second Cycle\Cycle 2 Policy Dev\Block Grant\[Distribution Options.xls]Distrib Overview Status quo program based on framework for Cycle 2 adopted by the Commission and continuation of Cycle 1 county block grant policies. Population data from Department of Finance, US Census 2010 Attachment B PROPOSAL Housing production 1999-2006 is capped at 1999-2006 RHNA thresholds RHNA is based on current 2007-20014 targets Cycle 2 (FYs 2013, 2014, 2015) OneBayArea Grant Distribution Formula Attachment C Apportionment Area County Grant Amount PDA 70% Minimum Anywhere in County Alameda $43.0 $30.1 $12.9 Contra Costa $31.9 $22.4 $9.6 Marin $6.4 $4.5 $1.9 Napa $4.2 $2.9 $1.3 San Francisco $25.0 $17.5 $7.5 San Mateo $17.4 $12.2 $5.2 Santa Clara $56.1 $39.3 $16.8 Solano $14.0 $9.8 $4.2 Sonoma $16.0 $11.2 $4.8 Regional Total $214.0 $149.8 $64.2 PDA Investments for the OneBayArea Grant 50%-25%-25% (Pop.- RHNA - Actual Housing Production Capped) Distribution Allocation Areas PROPOSAL Daly City San Leandro San Jose San Francisco Oakland San Rafael Mountain View Sunnyvale South San Francisco Santa Rosa Santa Clara San Mateo Richmond Redwood City Pleasanton Pittsburg Petaluma Palo Alto Milpitas Hayward Fremont Fairfield Cupertino Concord Berkeley Antioch Alameda Napa Walnut Creek Vallejo Vacaville Union City Santa Clara Alameda San Mateo Contra Costa Marin Sonoma Napa Solano Priority Development Areas Attachment D Source: MTC, June 2011, ABAG 2011 Cartography: MTC GIS/June 2011 Path: C:\WorkSpace\Craig\PDAs.mxd Scale: ½10 2 3in.in. 1 inch = 10 m iles Priority Development Areas Planned Planned/Potential Potential Growth Opportunity Areas Current Alameda County Jursidiction or Area Name PDA Status Alameda Naval Air Station Planned/Potential Northern Waterfront Growth Opportunity Area Albany San Pablo Avenue & Solano Avenue Growth Opportunity Area Berkeley Adeline Street Potential Downtown Planned San Pablo Avenue Planned South Shattuck Planned Telegraph Avenue Potential University Avenue Planned Dublin Downtown Specific Plan Area Planned Town Center Planned Transit Center Planned Emeryville Mixed-Use Core Planned Fremont Centerville Planned City Center Planned Irvington District Planned Ardenwood Business Park Growth Opportunity Area Fremont Boulevard & Warm Springs Boulevard Corridor Growth Opportunity Area Fremont Boulevard Decoto Road Crossing Growth Opportunity Area South Fremont/Warm Springs Growth Opportunity Area Hayward Downtown Planned South Hayward BART Planned South Hayward BART Planned The Cannery Planned Carlos Bee Quarry Growth Opportunity Area Mission Corridor Growth Opportunity Area Livermore Downtown Planned Vasco Road Station Planning Area Potential Newark Dumbarton Transit Oriented Development Potential Old Town MIxed Use Area Potential Cedar Boulevard Transit Growth Opportunity Area Civic Center Re-Use Transit Growth Opportunity Area Attachment D: Priority Development Areas MTC/ABAG Internal Communication/Deliberation June 6, 2011 Oakland Coliseum BART Station Area Planned Downtown & Jack London Square Planned Eastmont Town Center Planned Fruitvale & Dimond Areas Planned MacArthur Transit Village Planned Transit Oriented Development Corridors Potential West Oakland Planned Pleasanton Hacienda Potential San Leandro Bay Fair BART Transit Village Potential Downtown Transit Oriented Development Planned East 14th Street Planned Union City Intermodal Station District Planned Mission Boulevard Growth Opportunity Area Old Alvarado Growth Opportunity Area Alameda County Unincorporated Castro Valley BART Growth Opportunity Area East 14th Street and Mission Boulevard Mixed Use Corridor Growth Opportunity Area MTC/ABAG Internal Communication/Deliberation June 6, 2011 Contra Costa County Jursidiction or Area Name PDA Status Antioch Hillcrest eBART Station Planned Rivertown Waterfront Potential Concord Community Reuse Area Potential Community Reuse Area Potential Downtown BART Station Planning Growth Opportunity Area North Concord BART Adjacent Growth Opportunity Area West Downtown Planning Area Growth Opportunity Area El Cerrito San Pablo Avenue Corridor Planned Hercules Central Hercules Planned Waterfront District Planned Lafayette Downtown Planned Martinez Downtown Planned Moraga Moraga Center Potential Oakley Downtown Potential Employment Area Potential Potential Planning Area Potential Orinda Downtown Potential Pinole Appian Way Corridor Potential Old Town Potential Pittsburg Downtown Planned Pittsburg/Bay Point BART Station Planned Railroad Avenue eBART Station Planned Pleasant Hill Buskirk Avenue Corridor Potential Diablo Valley College Potential Richmond Central Richmond Planned South Richmond Planned 23rd Street Growth Opportunity Area San Pablo Avenue Corridor Growth Opportunity Area San Ramon City Center Planned North Camino Ramon Potential MTC/ABAG Internal Communication/Deliberation June 6, 2011 Walnut Creek Walnut Creek: West Downtown Planned Contra Costa County Unincorporated Contra Costa Centre Planned Downtown El Sobrante Potential North Richmond Potential Pittsburg/Bay Point BART Station Planned West Contra Costa Transportation Advisory Committee: San Pablo Avenue Corridor Planned/Potential MTC/ABAG Internal Communication/Deliberation June 6, 2011 Marin County Jursidiction or Area Name PDA Status San Rafael Civic Center/North Rafael Town Center Planned Downtown Planned Marin County Unincorporated Urbanized 101 Corridor Potential San Quentin Growth Opportunity Area Napa County Jursidiction or Area Name PDA Status American Canyon Highway 29 Corridor Potential San Francisco County Jursidiction or Area Name PDA Status San Francisco 19th Avenue Potential Balboa Park Planned Bayview/Hunters Point Shipyard/Candlestick Point Planned Downtown-Van Ness-Geary Planned Eastern Neighborhoods Planned Market & Octavia Planned Mission Bay Planned Mission-San Jose Corridor Planned Port of San Francisco Planned San Francisco/San Mateo Bi-County Area (with City of Brisbane) Planned Transbay Terminal Planned Treasure Island Planned Citywide Growth Opportunity Area MTC/ABAG Internal Communication/Deliberation June 6, 2011 San Mateo County Jursidiction or Area Name PDA Status Brisbane San Francisco/San Mateo Bi-County Area (with San Francisco) Potential Burlingame Burlingame El Camino Real Planned Daly City Bayshore Potential Mission Boulevard Potential Citywide East Palo Alto Ravenswood Potential Woodland/Willow Neighborhood Menlo Park El Camino Real Corridor and Downtown Planned Millbrae Transit Station Area Planned Redwood City Downtown Planned Broadway Growth Opportunity Area Middlefield Growth Opportunity Area Mixed Use Waterfront Growth Opportunity Area Veterans Corridor Growth Opportunity Area San Bruno Transit Corridors Planned San Carlos Railroad Corridor Planned San Mateo Downtown Planned El Camino Real Planned Rail Corridor Planned South San Francisco Downtown Planned Lindenville Transit Neighborhood Growth Opportunity Area CCAG of San Mateo County: El Camino Real Planned/Potential MTC/ABAG Internal Communication/Deliberation June 6, 2011 Santa Clara County Jursidiction or Area Name PDA Status Cambell Central Redevelopment Area Planned Winchester Boulevard Master Plan Growth Opportunity Area Gilroy Downtown Planned Los Altos El Camino Real Corridor Growth Opportunity Area Milpitas Transit Area Planned Hammond Transit Neighborhood Growth Opportunity Area McCandless Transit Neighborhood Growth Opportunity Area McCarthy Ranch Employment Center Growth Opportunity Area Midtown Mixed-Use Corridor Growth Opportunity Area Serra Center Mixed-Use Corridor Growth Opportunity Area Tasman Employment Center Growth Opportunity Area Town Center Mixed-Use Corridor Growth Opportunity Area Yosemite Employment Center Growth Opportunity Area Morgan Hill Morgan Hill: Downtown Planned Mountain View Whisman Station Potential Downtown Growth Opportunity Area East Whisman Growth Opportunity Area El Camino Real Corridor Growth Opportunity Area Moffett Field/NASA Ames Growth Opportunity Area North Bayshore Growth Opportunity Area San Antonio Center Growth Opportunity Area Palo Alto Palo Alto: California Avenue Planned Palo Alto: El Camino Real Corridor Growth Opportunity Area Palo Alto: University Avenue/Downtown Growth Opportunity Area San Jose Berryessa Station Planned Communications Hill Planned Cottle Transit Village Planned Downtown "Frame"Planned East Santa Clara/Alum Rock Corridor Planned Greater Downtown Planned North San Jose Planned West San Carlos and Southwest Expressway Corridors Planned Bascom TOD Corridor Growth Opportunity Area Bascom Urban Village Growth Opportunity Area Blossom Hill/Snell Urban Village Growth Opportunity Area Camden Urban Village Growth Opportunity Area Capitol Corridor Urban Villages Growth Opportunity Area MTC/ABAG Internal Communication/Deliberation June 6, 2011 Capitol/Tully/King Urban Villages Growth Opportunity Area Oakridge/Almaden Plaza Urban Village Growth Opportunity Area Saratoga TOD Corridor Growth Opportunity Area Stevens Creek TOD Corridor Growth Opportunity Area Westgate/El Paseo Urban Village Growth Opportunity Area Winchester Boulevard TOD Corridor Growth Opportunity Area Santa Clara Central Expressway Focus Area Growth Opportunity Area El Camino Real Focus Area Growth Opportunity Area Great America Parkway Focus Area Growth Opportunity Area Lawrence Station Focus Area Growth Opportunity Area Santa Clara Station Focus Area Growth Opportunity Area Tasman East Focus Area Growth Opportunity Area Sunnyvale Downtown & Caltrain Station Planned El Camino Real Corridor Planned Lawrence Station Transit Village Potential East Sunnyvale ITR Growth Opportunity Area Moffett Park Growth Opportunity Area Peery Park Growth Opportunity Area Reamwood Light Rail Station Growth Opportunity Area Tasman Station ITR Growth Opportunity Area VTA Cores, Corridors, and Station Areas (estimate) Potential MTC/ABAG Internal Communication/Deliberation June 6, 2011 Solano County Jursidiction or Area Name PDA Status Benicia Downtown Planned Northern Gateway Growth Opportunity Area Dixon Fairfield Downtown South (Jefferson Street)Planned Fairfield-Vacaville Train Station Potential North Texas Street Core Potential West Texas Street Gateway Planned Rio Vista Suisun City Downtown & Waterfront Planned Vacaville Allison Area Planned Downtown Planned Vallejo Waterfront & Downtown Planned Solano County Unincorporated MTC/ABAG Internal Communication/Deliberation June 6, 2011 Sonoma County Jursidiction or Area Name PDA Status Cloverdale Downtown/SMART Transit Area Planned Cotati Downtown and Cotati Depot Planned Healdsburg Petaluma Central, Turning Basin/Lower Reach Planned Rohnert Park Sonoma Mountain Village Potential Santa Rosa Downtown Station Area Planned Mendocino Avenue/Santa Rosa Avenue Corridor Potential Sebastopol Road Corridor Planned/Potential North Santa Rosa Station Growth Opportunity Area Sebastopol Nexus Area Potential Sonoma Windsor Redevelopment Area Planned Sonoma County Unincorporated 8th Street East Industrial Area Growth Opportunity Area Airport/Larkfield Urban Service Area Growth Opportunity Area Penngrove Urban Service Area Growth Opportunity Area The Springs Growth Opportunity Area J:\PROJECT\Funding\T4 - New Act\T4 - STP-CMAQ\T4 Cycle Programming\T4 Second Cycle\Cycle 2 Policy Dev\Block Grant\[Distribution Options.xls]Distrib Overview Provided by ABAG 6/6/2011 MTC/ABAG Internal Communication/Deliberation June 6, 2011 ONE BAY AREA GRANT – FACT SHEET WHAT IT DOES Expands “Block Grant” concept used for last round of STP/CMAQ (T‐2035) Gives CMAs more programming authority Increases local funding Consolidates Local Streets, TLC/CDT, Bike, and Safe Routes to School projects into one program HOW FUNDS ARE DISTRIBUTED New Formula for Distribution ($56.1 M for Santa Clara County) 50% Population 25% RHNA (2007‐2014) 25% Actual Housing Production (1999‐2006) STRINGS New Restrictions At least 70% must be spent in Priority Development Areas (PDAs) & Growth Opportunity Areas (GOAs) 30% can be spent anywhere Can use up to 5% for Priority Conservation Areas Policy Requirements Agencies must have 2 of the following 4 policies 1) Parking/pricing policies 2) Adopted Community Risk Reduction Plans 3) Affordable housing policies or policies that ensure new development does not displace low income housing 4) Adopted bicycle/pedestrian plan and complete streets policies in general plans Agencies must have an approved Housing Element consistent with RHNA/SB 375 SCHEDULE First Release for Public Discussion July 8, 2011 MTC Working Group Discussions July – September First CIP Working Group Discussion July 27, 2011 MTC adopts Cycle 2 approach December 2011 MTC adopts Cycle 2/One Bay Area Grant with Final RHNA #’s March 2012 April 2012 – February 2013 CMAs select projects October 1, 2013 Federal funds become available PAGE 1 MTC One Bay Area Grant Proposal – Summary of Proposal Elements and VTA Staff Recommendations 1. Policy-Level Issues MTC OneBayArea Grant Proposal Feedback and Analysis VTA Staff Recommendation 1.1 Increases local funding and delegates most of the funding to the CMA level for programming The proposal will increase funding levels for counties that are accepting growth. Strongly supports these program elements. 1.2 Eliminate program categories Will Add flexibility for local decision-making. Strongly supports these program elements. 1.3 MTC retains $15M as the Transit Oriented Development fund This will allow use of limited transportation funds for non-transportation uses, which is counter to the VTA adopted principles. Suggests Eliminating the program and roll back the funds to the formula distribution. 1.4 Restricts the resource area preservation funding to counties with less than 500,000 populations Many counties have resource preservation needs. SCC ranks second in rural road mileage and agricultural production. Suggests allowing all Counties to be eligible for the funding or eliminate the program and roll back the funds to the formula distribution. 1.5 Distribution formula: 50% population, 25% RHNA, 25% actual housing production This will result in approximately 26% of funding to Santa Clara County. Strongly supports the formula as it is consistent with the VTA adopted principles. 2. Project Implementation and Program Administration MTC OneBayArea Grant Proposal Feedback and Analysis VTA Staff Recommendation 2.1 A minimum of 70% of the funds in each county must be programmed in PDA’s (incl. GOA’s) Many needs are outside of the PDA’s. Transportation projects do not end at the PDA boundaries. The restriction, compounded with the federal aid requirement, will make it even more difficult to fund pavement projects. Define eligible projects as “PDA-serving” Reduces to 50/50 share Include all PDAs and GOAs 2.2 Agencies must meet at least two of the four policy requirements Very few jurisdictions can meet the requirements. Some requirements are not relevant or practical. Many need further clarifications. Remove the policy requirements to the portion of funds spent outside of PDA’s and GOAs. Suggests changes to make these requirements relevant and practical. Request more flexibility from MTC and work with Member Agencies to better define these requirements. 2.3 Agencies must have an approved Housing Element consistent with RHNA/SB375 Many jurisdictions do not have a housing element approved by the State. The RHNA/SB375 process is experiencing many uncertainties. Include this as one of the four policy requirements as a menu of options rather than a stand-alone requirement. PAGE 2 development pressures are limited to the less-populated counties. Within the Bay Area, Santa Clara ranks second in terms of rural road mileage, and the value of its legal agricultural production. The cities and the County have actively fought for decades to keep devclopment out of the most fragile and fire-prone hillsides. VT A's staff position is that this program should be either open to rural preservation areas within any county or eliminated and funds rolled back into the formula distribution. Program Eligibility and Requirements The VTA Board's principles support directing funding to areas offucused growth. VTA would also like to applaud MTC for including parking pricing management policies in thc OBAG proposal. Several Santa Clara cities have fuund this tool to be effective in stimulating high-quality, high-density deVelopment in their downtown cores. However, VT A staff is concerned that MTC is focusing primarily on new transit-oriented growth, ignoring both the maintenance needs and retrofit opportunities of onr many less dense existing communities. There appears to be an assumption that change -will be incentivized in these areas only if they are denied funding -ignoring the real potential that exists to change these areas for the better. As written, the proposal also ignores the linear nature of transportation projects that tend to span and connect areas -and the potential administrative nightmare that would be introduced by funding only those portions of a project that fall within a PDAIGOA. While VT A supports the intent of MTC's eligibility requirements, based on consultation with city and County Planning and Public works staffs, as written they are difficult andlor impossible for many cities and counties to meet. These requirements also categorically exclude transit agencies and Caltrans from receiving funds, as they have neither General Plans, affordable housing policies nor Community Risk Reduction plans, with the notable exception ofSFMTA. VTA staff recommends the following changes: Exempt roadway rehabilitation projects from the PDA/GOA requirement: the percentage restrictions would apply only to other project types. Expand Definition of PDAs: All areas currently identified as Planned and Potential PDAs, and Growth Opportunity Areas should be considered as eligible for One Bay Area Grant funding. Transportation improvements that support these areas should be eligible as well, including portions of the project which may be outside of the gcographie area. All ofVTA's comments regarding "PDAIGOAs" in this letter assume this expanded eligibility. 70% PDA & GOA Programming Requirement: As mentioned previonsly, VTA's principles do support directing funding to arcas of focused growth; however, close scmtinyand consultation with city and County staff lead VTA to conclude that even !! implementable, a 700/0130% split between PDAs and GOAs would not be desirable. Within Santa Clara County, PDAs and GOAs represent a smali proportion of the urbanized area and transportation network. In a nwnber of jurisdictions, the PDAJGOA includes the only-Federal Aid eligible road in the eity, and those roads' maintenance needs were addressed by the 2009 Stimulus Act. VTA's Bicycle and Pedestrian Advisory Committee has been extremely active for over a decade in identifying and advocating for the critical missing links in the bicycle and pedestrian networks. Most of these gaps are outside of the PDAJGOAs. The PDAJGOAs themselves are not self-snstaining. People travel in, out and between them for a variety of purposes, and a significant amount of frcight traffic is required to keep them productive and provisioned. These require significant investment to maintain, and may even need expansion. Finally, the requirement may actually work against responsible city officials. As several city council members from Sunnyvale, Saratoga and San Jose recently explained to VTA staff, the PDAJGOAs in their respective eities are the most desirable areas for development. These are the places where they are most successful jp exacting transportation improvements from developers and least need grants. They need the Federal funds to pave roads, install bike lanes and build sidewalks in their older low- density suburban residential areas where no one wants to build. IfMTC wishes to maintain a PDAJGOA split, VTA staff recommends reducing it to 50% /50% and exempting roadway rehabilitation projects. At any level, the major roadway, rail and bicycle facilities supporting them must be eligible for funding. Supportive Land Use Policies: VTA is wholeheartedly in support of the spirit ofMTC's goals, and strongly recommends the following changes to make them practical and achievable. a) Parking Policies and Employer Trip Reduction Ordinances: VTA staff recommends replacing "and" with "or". All cities already address parking in their zoning ordinances or through policies. Many of them have location-specific parking pricing policies or similar measures, but not city-or county-wide parking requirements. For example, the Moffett Business Association has a TDM requirement and Stanford University agreed to a trip cap in its general use permit. Adopted Community Risk Reduction Plans: This is a new instrument with unproven results. The One Bay Area Grant should not be the testing ground, and this requirement should be eliminated. Only two cities in the Bay Area can meet this requirement, so it should not be applied to everyone. At the very least, CEQA does not require these, and the implication that it does should be removed. b) Affordable HOUSing Pollcles/Dlspiacemenl: lhiS shoUld be re-worded to specIfY that "new development projects do not displace low-income residents without providing an equivalent amount of replacement housing in or adjacent to the development, within a reasonable amount of time." Inc1usionary zoning policies and other affordable housing requirements, based on State requirements and within city and county general plans, should satisfY this requirement, and the determination of whether a particular housing policy is sufficient should be a county-level decision. c) Adopted Bicycle/Pedestrian Plans and Complete Streets Policies: Remove the requirement that these be incorporated into city or county general plans (as they are often resident elsewhere), and specifY that a countywide bicycle/pedestrian plan and locally defined complete streets policy will suffice to meet this requirement. The Complete Streets Act states that "Commencing January 1,2011, upon any substantive! revision of the Circulation Element to plan for a balanced, multimodal transportation network that meets the needs of all users of streets, roads, and highways for safe and convenient travel in a manner that is suitable fur the rural, suburban, and urban eontext of the general plan." This statement leaves considerable room for interpretation and action, and could be met by a jurisdiction without a specific complete streets "policy." In addition, several cities in Santa Clara County have completed full or limited general plan updates over the past year or two, and may not embark on a "substantive revision" for years; yet the work these cities have conducted may meet or even e){ceed -the provisions of the Complete Streets Act. Considering these, and other practical implementation issues, VTA staff recommends the activities associated with developing complete streets be determined by respective implementing agencies such as cities and CMAs. In addition, whatever land use supportive polices and are adopted for the RTP, CMAs should have the discretionary authority to work with their Member Agencies to determine if a local agency meets the intent of the regional policy (or some such langnsge). Approved Housing Element The requirements also state that all agencies must have an approved housing dement consistent with RHNAlSB 375. No agencies can meet this requirement at this time, because there is no.adopted SCS per SB 375 requirements or an approved RHNAplan. Per the latest published 2040 RTP schedule, the RHNA process isn't adopted until late 2012 or early 2013. Therefore when the Cycle 2 grant solicitations come out at the end of the year, no local agency can comply. This requirement should not be a baseline requirement for recciving One Bay Area Grant funds; it should be one of the options on the menu of policy requirements that agencies can address. The wording of the requirement should be altered to reflect practical reality as well. Cities and counties are responsible fur preparing and submitting housing elements to the 1 Presumably meaning "involving matters of major of importance to all concerned." I state, whieh approves the entire plan, but does not necessarily separately certifY the housing element. The requirement should be approval thereot; not certification. Finally, in order to address what VTA staff believes was an unintended exclusion of agencies other than eities and counties, VTA recommends specifYing that CMAs and Transit Operators are eligtble to receive funding outside of the requirements for cities and counties. Again, I thank you for the opportunity to comment. I look forward to the success of this effort. Please contact me or Marcella Rensi, VTA Transportation Planning Mansger, Programming and Grants at (408) 321-5717 with any questions. Sincerely; : lohnRistow VTA ChiefCMA Officer cc: Mark Green, President, Association of Bay Area Governments P.O. Box 2050 Oakland, CA 94604-2050 City of Palo Alto (ID # 2196) City Council Staff Report Report Type: Consent Calendar Meeting Date: 11/21/2011 November 21, 2011 Page 1 of 5 (ID # 2196) Council Priority: Environmental Sustainability Summary Title: Design Contract -Southgate Drainage Improvements Title: Approval of a Contract with RBF Consulting, Inc. in the Amount of $140,000 for Southgate Neighborhood Storm Drain Improvements and Green Street Project, Capital Improvement Program Project SD-10101 From:City Manager Lead Department: Public Works Recommendation Staff recommends that Council approve and authorize the City Manager to execute the attached contract with RBF Consulting, Inc., (Attachment A) in the amount of $140,000 for engineering design of the Southgate Neighborhood Storm Drain Improvements and Green Street Project (SD-10101). Background In 2005, the property owners of Palo Alto voted to increase their monthly storm drainage fee to fund a set of seven high-priority storm drain-related capital improvement projects, including drainage improvements in the Southgate neighborhood. The ballot measure also specified that a portion of the fee revenue be used to fund “innovative storm drain improvements” that reduce storm water runoff and improve storm water quality through the use of non-traditional techniques. Due to high construction costs for the storm drain improvement projects completed to-date, there had been concerns that adequate funding would not be available for the Southgate Neighborhood project. Therefore, during the development of the Storm Drainage Fund budget proposal for FY2012, Public Works staff and the Storm Drain Oversight Committee proposed that a portion of the annual allocation for innovative storm drain improvements (which has been used to-date to fund a storm water rebate program) be used to fund an innovative capital improvement project for the Southgate Neighborhood project. Council appropriated $140,000 in the FY2012 Storm Drainage Fund budget for the design phase of the project. Discussion The project site is located within the Southgate neighborhood of Palo Alto (see project vicinity map, Attachment B). The residential streets within this neighborhood, which November 21, 2011 Page 2 of 5 (ID # 2196) was subdivided in the 1920’s, are very narrow, with an existing planter strip between the curb and sidewalk on both sides of the street that is planted with mature City street trees and varied privately-maintained landscaping. The existing storm drainage system serving this neighborhood is minimal in scope. The drainage patterns were designed based on gutter flows. Gutter flows from the majority of the streets are directed to a single storm drain inlet at the southeast corner of the neighborhood, at the intersection of Sequoia and Mariposa Avenues. While the surface flow pattern probably worked marginally well when the subdivision was initially laid out, the condition of the street and the curb and gutter has deteriorated over the years, with the damage exacerbated by the growth of shallow tree roots in the planter strips. With the present uneven grades along the curb and gutter, storm runoff is blocked at high points heaved by tree roots and ponds at depressions on its way to the single drain inlet. The key objective of the project is to eliminate street ponding through the use of innovative techniques that minimize storm runoff, improve storm water quality, and reduce potable water usage. The Municipal Regional Storm Water Discharge Permit (MRP), issued to Bay Area communities by the San Francisco Bay Regional Water Quality Control Board in 2009, included a provision requiring the implementation of a number of pilot “green street” projects in the region by 2014. “Green streets” incorporate low impact development techniques for site design and storm water treatment, including minimization of impervious area, storm water infiltration and reuse, and use of features that enhance bicycle and pedestrian traffic. The Southgate Neighborhood Storm Drain Improvements Project will be designed to conform to the MRP’s “green street” requirements, so that it will be eligible to serve as one of the required pilot projects. The scope of work to be performed under the contract includes feasibility analysis, preliminary and final engineering design, environmental analysis, and public outreach. During the first stage of the project, the Consultant will perform a feasibility study to identify and analyze the optimum design features and specific locations for the drainage improvements. Staff has tentatively identified several drainage/”green street” elements for consideration, including permeable pavement, rain gardens in the planter strips, underground infiltration galleries, and a rain water cistern. Specifically, one potential concept is to direct the storm water runoff to an underground cistern in Alexander Peers Park, located immediately adjacent to the neighborhood. The harvested rainwater would be utilized to supplement the potable water supply for landscape irrigation at the park. Following the preparation and review of the feasibility study, the consultant will provide final plans, specifications, and cost estimate for the selected design elements. The Consultant will also devise and implement a robust public communication and outreach plan to solicit input from neighborhood residents and members of the public. Staff has already initiated contact with community members, beginning the outreach effort early on. The design and aesthetics of the project will be submitted for review to November 21, 2011 Page 3 of 5 (ID # 2196) the Architectural Review Board, Planning and Transportation Commission, Parks and Recreation Commission, and Bicycle Advisory Committee. The Consultant will coordinate and integrate the proposed project with two other City- sponsored street improvement projects. The Consultant will integrate the proposed drainage/”green street” project with the Castilleja Avenue bicycle boulevard improvements proposed in the City’s Draft Bicycle and Pedestrian Transportation Plan. The work will also be coordinated with a neighborhood-wide street resurfacing program proposed for the Southgate neighborhood. The Consultant will look for ways to create synergy between these three separate projects in order to minimize the disruptions to the neighborhood, achieve mutual project goals, and make more efficient use of the projects’ combined funding. A Request for Proposals (RFP) for the project was sent to prospective consultants and posted on the City’s web site on August 26, 2011. The following table summarizes the results of the RFP solicitation: Summary of Solicitation Process Proposal Description/Number Design Services for the Southgate Neighborhood Storm Drain Improvements and Green Street Project Proposed Length of Project 180 Calendar Days Number of Proposals Mailed 22 Total Working Days to Respond to Proposal 25 Working Days Number of Proposals Received 5 Company Name Location (City, State) Selected for Oral Interview? 1. Water Resources Engineering, Inc San Francisco, CA Yes 2. Nevue Ngan Associates Portland, OR Yes 3. RBF Consulting, Inc.Walnut Creek, CA Yes 4. KPFF Consulting Engineers, Inc.San Francisco, CA No 5. Bellecci & Associates, Inc Pleasanton, CA Yes Range of Proposal Amounts Submitted $140,100 -$261,681 An evaluation committee consisting of representatives from the Engineering Services division of Public Works, Transportation division of Planning, and a member of the Storm Drain Oversight Committee reviewed the proposals. Four firms were invited to November 21, 2011 Page 4 of 5 (ID # 2196) participate in oral interviews on October 4, 2011. The committee carefully reviewed each firm's qualifications and submittal in response to the criteria identified in the RFP. The committee reviewed each firm's qualifications relative to its experience in designing innovative drainage improvements, quality of its proposed project approach, performance on past projects, qualifications of staff to be assigned to the project, understanding of the project goals, and familiarity with green street design concepts. RBF Consulting, Inc. and their design partner, Gates and Associates Landscape Architecture, were selected because of the depth and quality of their experience with the design of innovative storm water treatment techniques, their familiarity with the community values of Palo Alto residents, the exceptional qualifications of their proposed project design team, and the strength of their proposed project design approach. There was consensus amongst all of the proposers that the available budget is not adequate to complete the project design all the way through preparation of construction bidding documents (100% plans, specifications, and cost estimate). Therefore, the negotiated scope of work includes completion of the feasibility study of project alternatives, public outreach, preparation of 25% preliminary project drawings, and initial review of recommended project alternatives by the various advisory bodies as the Basic Services component of the contract. Following the completion of these Basic Services, the exact scope and nature of the improvements to be constructed will be more clearly defined. This will provide the detailed information needed to allow the City and RBF Consulting, Inc. to negotiate the final cost to complete the construction documents. An allowance of $33,206, along with a description of various typical tasks needed to finalize the construction documents, has been included in the contract as potential Additional Services to be provided by the Consultant. It is likely that suplemental funding from the FY2013 budget will be needed to cover the complete design costs. Staff will return to Council for approval of a contract amendment to cover the final design costs once the costs have been deermined and funds become available in next year’s budget. Timeline The feasibility phase and a portion of the design phase of the Southgate Neighborhood Storm Drain Improvements and Green Street Project are expected to be completed by April 2012. Subsequently, the preparation of final construction documents will take place in Summer 2012, followed by construction in Spring 2013. Resource Impact Funds for the feasibility phase and a portion of the design phase of the Southgate Neighborhood Storm Drain Improvements and Green Street Project are available in Storm Drainage Fund Capital Improvement Program Project SD-10101. Staff will also pursue the receipt of grant funding to supplement City funds as opportunities arise. The innovative nature of this project and the possibility that it may serve as one of the Bay Area’s Green Street pilot projects as required by the Municipal Regional Storm Water Permit increases the likelihood that grant fnding may become available. November 21, 2011 Page 5 of 5 (ID # 2196) Environmental Review Preparation of a Feasibility Study is exempt from the California Environmental Quality Act (CEQA). Following completion of the Feasibility Study and preliminary design phase, staff will prepare an Initial Study Checklist in accordance with CEQA and prepare the appropriate CEQA environmental review document which will be brought to Council for consideration at or before the time of award of the construction contract for the project. Attachments: ·A -Contract (PDF) ·B -Project Location Map (PDF) Prepared By:Joe Teresi, Senior Engineer Department Head:J. Michael Sartor, Interim Director City Manager Approval: James Keene, City Manager Professional Services Rev. June 2, 2010 1 Attachment A CITY OF PALO ALTO CONTRACT NO. AGREEMENT BETWEEN THE CITY OF PALO ALTO AND RBF CONSULTING, INC. FOR PROFESSIONAL SERVICES This Agreement is entered into on this 21st day of November, 2011, (“Agreement”) by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and RBF CONSULTING, INC., a California corporation, located at 500 Ygnacio Valley Road, Suite 270, Walnut Creek, CA 94596 ("CONSULTANT"). RECITALS The following recitals are a substantive portion of this Agreement. A. CITY intends to implement the Southgate Neighborhood Storm Drain Improvement and Green Street Project (“Project”) and desires to engage a consultant to provide professional engineering services, including feasibility analysis, preliminary design, design development, construction documents, bid assistance, and construction services for a project to install innovative drainage improvements and green street elements on streets in the Southgate neighborhood 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, contained in 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. Time is of the essence in the performance of Services under this Agreement. CONSULTANT shall complete the Services within the term of this Professional Services Rev. June 2, 2010 2 S:\PWD\STORM\CIP\SD-10101 Southgate\STAFF REPORT\PROF SERVICES Contract w-RBF Consulting 11-21-11.doc 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 and reimbursable expenses, shall not exceed one hundred six thousand seven hundred ninety-four Dollars ($106,794). In the event Additional Services are authorized, the total compensation for services and reimbursable expenses shall not exceed one hundred forty thousand Dollars ($140,000). The applicable rates and schedule of payment are set out in Exhibit “C-1”, entitled “HOURLY RATE SCHEDULE,” 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. INVOICES. In order to request payment, CONSULTANT shall submit monthly invoices to the CITY describing the services performed and the applicable charges (including an identification of personnel who performed the services, hours worked, hourly rates, and reimbursable expenses), based upon the CONSULTANT’s billing rates (set forth in Exhibit “C-1”). If applicable, the invoice shall also describe the percentage of completion of each task. The information in CONSULTANT’s payment requests shall be subject to verification by CITY. CONSULTANT shall send all invoices to the City’s project manager at the address specified in Section 13 below. The City will generally process and pay invoices within thirty (30) days of receipt. SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All of the Services shall be performed by CONSULTANT or under CONSULTANT’s supervision. CONSULTANT represents that it possesses the professional and technical personnel necessary to perform the Services required by this Agreement and that the personnel have sufficient skill and experience to perform the Services assigned to them. CONSULTANT represents that it, its employees and subconsultants, 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 Professional Services Rev. June 2, 2010 4 S:\PWD\STORM\CIP\SD-10101 Southgate\STAFF REPORT\PROF SERVICES Contract w-RBF Consulting 11-21-11.doc 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. 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. 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) David Gates & Associates (Landscape Design/Public Outreach) 2) Fugro Consultants, Inc. (Geotechnical Services) CONSULTANT shall be responsible for directing the work of any subconsultants and for any compensation due to subconsultants. CITY assumes no responsibility whatsoever concerning compensation. CONSULTANT shall be fully responsible to CITY for all acts and omissions of a subconsultant. CONSULTANT shall change or add subconsultants only with the prior approval of the city manager or his designee. SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Kandee Bahmani as the project director to have supervisory responsibility for the performance, progress, and execution of the Services and to represent CONSULTANT during the day-to-day work on the Project. If Professional Services Rev. June 2, 2010 3 S:\PWD\STORM\CIP\SD-10101 Southgate\STAFF REPORT\PROF SERVICES Contract w-RBF Consulting 11-21-11.doc circumstances cause the substitution of the project director or any other key personnel for any reason, the appointment of a substitute project director and the assignment of any key new or replacement personnel will be subject to the prior written approval of the CITY’s project manager. CONSULTANT, at CITY’s request, 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 Joe Teresi, Public Works Department, Engineering Division, 250 Hamilton Avenue, Palo Alto, CA 94301, Telephone: (650) 329-2129. 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 16. INDEMNITY. 16.1. To the fullest extent permitted by law, CONSULTANT shall protect, indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents (each an “Indemnified Party”) from and against any and all demands, claims, or liability of any nature, including death or injury to any person, property damage or any other loss, including all costs and expenses of whatever nature including attorneys fees, experts fees, court costs and disbursements (“Claims”) that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT, its officers, employees, agents or contractors under this Agreement, regardless of whether or not it is caused in part by an Indemnified Party. 16.2. Notwithstanding the above, nothing in this Section 16 shall be construed to require CONSULTANT to indemnify an Indemnified Party from Claims arising from the active negligence, sole negligence or willful misconduct of an Indemnified Party. 16.3. The acceptance of CONSULTANT’s services and duties by CITY shall not operate as a waiver of the right of indemnification. The provisions of this Section 16 shall survive the expiration or early termination of this Agreement. Professional Services Rev. June 2, 2010 5 S:\PWD\STORM\CIP\SD-10101 Southgate\STAFF REPORT\PROF SERVICES Contract w-RBF Consulting 11-21-11.doc 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 same 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 contractors of CONSULTANT retained to perform Services under this Agreement will obtain and maintain, in full force and effect during the term of this Agreement, identical insurance coverage, naming CITY as an additional insured under such policies as required above. 18.3. Certificates evidencing such insurance shall be filed with CITY concurrently with the execution of this Agreement. The certificates will be subject to the approval of CITY’s Risk Manager and will contain an endorsement stating that the insurance is primary coverage and will not be canceled, or materially reduced in coverage or limits, by the insurer except after filing with the Purchasing Manager thirty (30) days' prior written notice of the cancellation or modification, CONSULTANT shall be responsible for ensuring that current certificates evidencing the insurance are provided to CITY’s Purchasing Manager during the entire term of this Agreement. 18.4. The procuring of such required policy or policies of insurance will not be construed to limit CONSULTANT's liability hereunder nor to fulfill the indemnification provisions of this Agreement. Notwithstanding the policy or policies of insurance, CONSULTANT will be obligated for the full and total amount of any damage, injury, or loss caused by or directly arising as a result of the Services performed under this Agreement, including such damage, injury, or loss arising after the Agreement is terminated or the term has expired. SECTION 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 substantial failure of performance by CITY. Professional Services Rev. June 2, 2010 6 S:\PWD\STORM\CIP\SD-10101 Southgate\STAFF REPORT\PROF SERVICES Contract w-RBF Consulting 11-21-11.doc 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. The following Sections will survive any expiration or termination of this Agreement: 14, 15, 16, 19.4, 20, and 25. 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 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. 21.3. If the Project Manager determines that CONSULTANT is a “Consultant” as Professional Services Rev. June 2, 2010 7 S:\PWD\STORM\CIP\SD-10101 Southgate\STAFF REPORT\PROF SERVICES Contract w-RBF Consulting 11-21-11.doc 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, disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status, weight or height of such person. CONSULTANT acknowledges that it has read and understands the provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section 2.30.510 pertaining to nondiscrimination in employment. SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE REQUIREMENTS. CONSULTANT shall comply with the City’s Environmentally Preferred Purchasing policies which are available at the City’s Purchasing Department, incorporated by reference and may be amended from time to time. CONSULTANT shall comply with waste reduction, reuse, recycling and disposal requirements of the City’s Zero Waste Program. Zero Waste best practices include first minimizing and reducing waste; second, reusing waste and third, recycling or composting waste. In particular, Consultant shall comply with the following zero waste requirements: • All printed materials provided by Consultant to City generated from a personal computer and printer including but not limited to, proposals, quotes, invoices, reports, and public education materials, shall be double-sided and printed on a minimum of 30% or greater post-consumer content paper, unless otherwise approved by the City’s Project Manager. Any submitted materials printed by a professional printing company shall be a minimum of 30% or greater post-consumer material and printed with vegetable based inks. • Goods purchased by Consultant on behalf of the City shall be purchased in accordance with the City’s Environmental Purchasing Policy including but not limited to Extended Producer Responsibility requirements for products and packaging. A copy of this policy is on file at the Purchasing Office. • Reusable/returnable pallets shall be taken back by the Consultant, at no additional cost to the City, for reuse or recycling. Consultant shall provide documentation from the facility accepting the pallets to verify that pallets are not being disposed. SECTION 24. NON-APPROPRIATION 24.1. 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 appropriated for a portion of the fiscal year and funds for this Agreement are no longer available. This section shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Agreement. SECTION 25. MISCELLANEOUS PROVISIONS. Professional Services Rev. June 2, 2010 8 S:\PWD\STORM\CIP\SD-10101 Southgate\STAFF REPORT\PROF SERVICES Contract w-RBF Consulting 11-21-11.doc 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 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. 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. 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 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 If, pursuant to this contract with CONSULTANT, City shares with CONSULTANT personal information as defined in California Civil Code section 1798.81.5(d) about a California resident (“Personal Information”), CONSULTANT shall maintain reasonable and appropriate security procedures to protect that Personal Information, and shall inform City immediately upon learning that there has been a breach in the security of the system or in the security of the Personal Information. CONSULTANT shall not use Personal Information for direct marketing purposes without City’s express written consent. 25.9 All unchecked boxes do not apply to this agreement. 25.10 The individuals executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities. CCiittyy ooff PPaalloo AAllttoo SSoouutthhggaattee NNeeiigghhbboorrhhoooodd SSttoorrmm DDrraaiinn IImmpprroovveemmeennttss aanndd GGrreeeenn SSttrreeeett PPrroojjeecctt ((CCIIPP ##SSDD--1100110011)) EXHIBIT “A” – Detailed Scope of Work RBF Consulting (The RBF Project Team) agrees to perform the following Scope of Services: Task A Public Communication and Outreach Plan The objective of this task is to incrementally and inclusively build consensus on design concepts for the storm drain and green street improvements. The outreach process must be as carefully designed as the project itself. The process must insure adequate opportunities for residents’ input and feedback to discover the most appropriate solutions. Topics of concern to local residents might include protection of the existing trees, access and safety during construction, aesthetics of the work, and maintenance responsibility for green street features such as rain gardens. The larger community may be concerned with bicycle access or potential impacts on Alexander Peers Park. We assign an outreach facilitator with strong community meeting leadership skills to the project who is not the project designer. The facilitator focuses on meeting design and advocates for the stakeholder interests throughout the design process. A.1 Outreach plan Create a plan for community input process which includes: Utilize local, familiar meeting location; such as the Field House at Alexander Peers Park or Palo Alto High School. Preliminary objectives/design issues to be addressed at each meeting. A schedule for community meeting and review process which accommodate Commission/Council schedules and submittal deadlines. Location, time and format for neighborhood community meetings. Media tools for informing community of project and process (including design of new City web site page and updates throughout project). Strategy for building upon planning efforts associated with City’s bicycle and pedestrian transportation plan. CCiittyy ooff PPaalloo AAllttoo SSoouutthhggaattee NNeeiigghhbboorrhhoooodd SSttoorrmm DDrraaiinn IImmpprroovveemmeennttss aanndd GGrreeeenn SSttrreeeett PPrroojjeecctt ((CCIIPP ##SSDD--1100110011)) A.2 Community Design Meetings To insure the neighborhood has the opportunity to participate and provide input on the design of the Southgate Neighborhood Storm Drain and Green Street Improvements, the consultant team will conduct two workshops. Each meeting will have a specific focus/topic. For each meeting, we will develop agenda, appropriate graphic displays and tools to stimulate discussion and decision making. We will summarize meeting input. Neighborhood Meeting #1: Review project scope and purpose Share general “green” street concepts & images Review opportunities and constraints Solicit input on key design issues and potential impacts Neighborhood Meeting #2: Review drainage system / green street design alternatives which might include: Rain garden bulb-outs Permeable paving in parking strips Harvesting of rain water for supplemental park irrigation Facilitate meeting to develop shared consensus on preferred alternate Task B Feasibility Study Task B.01 Research, Investigation & Field Review The RBF Project Team will provide engineering services related to the research, investigation/notification of existing utilities, street improvement “as-built” drawings, utility improvement plans, and right-of-way data from City/Assessor’s Parcel (AP) maps. The RBF Project Team will also collect and review previous studies, existing utility plans, to aid in the final engineering design. The anticipated services for this task include: 1. Perform field review of the site to verify record drawings including: Photo log of key project elements; Current signing and pavement delineation; and Document areas of distressed pavement and sub-standard drainage conditions. Identification of potential locations for Low Impact Development (LID) “green Street” Best Management Practice (BMP) features 2. Review “as-built” drawings against field conditions and note corrections as required. Collect right-of-way data and incorporate into base sheets. CCiittyy ooff PPaalloo AAllttoo SSoouutthhggaattee NNeeiigghhbboorrhhoooodd SSttoorrmm DDrraaiinn IImmpprroovveemmeennttss aanndd GGrreeeenn SSttrreeeett PPrroojjeecctt ((CCIIPP ##SSDD--1100110011)) Task B.02 Field Topographic Surveys City of Palo Alto will provide the Consultant with current topographic mapping of the project area to be used for planning and design purposes. Limited hours as shown in attached Fee Breakdown Spreadsheet are included to provide additional field survey as required. Task B.03 Utility Research and Notification The RBF Project Team will research and collect existing public records, communicate with utility companies to determine size and location of wet and dry utilities, and incorporate this information into the base sheets. The utility information will be compiled into a matrix format to include dates of notification, persons/utility notified and responses from utility. Copies of this information will be provided to the City. Notifications to the Utility Companies will include the following: Initial Utility Information Request. Task B.04 Base Mapping and Preliminary Plans The RBF Project Team will utilize the information collected from the Field Survey/Data Collection to prepare AutoCAD-generated base maps at a scale of 1”=20’. The base maps will show existing curb-line, street right-of-way, surface features within the street including valves and manhole locations and other man-made features. Underground utilities (as obtained from information provided under Task B.03) that may be impacted by the proposed improvements will be shown. Task B.05 Geotechnical Investigation & Report We understand that a geotechnical study will be required to assess the feasibility of storm drainage improvements involving reintroduction of storm drainage into the subgrade soils underlying existing pavements and adjacent landscape areas in the Southgate neighborhood, based on the nature and infiltration potential of the subsurface soils. In order to assess the subsurface conditions at the project site and provide appropriate geotechnical recommendations for the selection and design of neighborhood drainage system improvements, our geotechnical engineering subconsultant (Fugro) will perform a field investigation program consisting of shallow borings/coring through the existing pavement and landscaping sections, identification of subgrade soils, collection of soil samples, construction of field monitoring wells at five locations, and performance of in-situ permeability/infiltration tests, as well as laboratory permeability tests on relatively undisturbed subsurface soil samples. CCiittyy ooff PPaalloo AAllttoo SSoouutthhggaattee NNeeiigghhbboorrhhoooodd SSttoorrmm DDrraaiinn IImmpprroovveemmeennttss aanndd GGrreeeenn SSttrreeeett PPrroojjeecctt ((CCIIPP ##SSDD--1100110011)) Geotechnical-related data and geotechnical recommendations will be developed for the target sections along Miramonte Avenue, Sequoia Avenue, Castilleja Avenue and Park Boulevard, as well as for a potential underground cistern to be considered for construction at Alexander Peers Park. The following scope of work for the study is proposed by Fugro: A total of six borings will be performed for the project. Of this total, five shallow borings will be advanced to a depth of 10 feet along the existing City streets within the study area at specific locations to be established by the project team during the pre-field time frame. The borings will be used to measure the thicknesses of the various pavement sections, evaluate the engineering properties of the street subgrade materials, and collect relatively undisturbed and bulk samples of the subgrade materials for laboratory testing, as appropriate. The boreholes will additionally serve as testing locations for in-place field percolation/infiltration tests to measure infiltration rates of the subgrade soils in the area (see below for general well construction details). A sixth boring will be drilled at a proposed cistern area in Alexander Peers Park to a depth of 10 to 15 feet, the exact depth depending on a to-be-determined embedment depth of a cistern. The five infiltration wells will be capped with a locking cover. Follow-up site visit or visits (depending on the type of soils encountered in the borings) will be required to conduct the field permeability/infiltration tests. Test borings will be advanced with a truck-mounted drill rig equipped with auger or diamond core bits. Prior to drilling, a general site reconnaissance of existing pavement conditions in the study area will be performed, during which time test boring locations will be marked in accordance with Underground Service Alert (USA) requirements. We assume that City utility plans will also be available to show actual utility locations and that no City of Palo Alto street encroachment permits will apply to the work. We expect that the borings will be completed within a day and drilling of street borings will occur along the edge of the street (i.e., parking areas). Traffic control (i.e., placement of no parking signs) will be placed by City personnel to cover periods when drilling, well testing and well destruction are conducted. A Santa Clara Valley Water District (SCVWD) well installation permit will be applied for prior to drilling. After completion of drilling and well installation, drill cuttings will be stored in 55-gallon drums. Chemical tests using 2-week standard turnaround will be performed on a composite sample of the spoils to confirm that the spoils do not contain hazardous contamination. In the event hazardous materials are encountered, specialized disposal of the drums may be required (additional costs for such disposal are not included in the scope and cost of this work). A local temporary storage area for the drums shall be designated by the City to where drums will be wheeled by a hand cart. Drums will be subsequently off hauled for disposal within three weeks after receipt of chemical test results, depending on off haul subcontractor availability. Street borings will be drilled within parking areas which will be blocked off by construction cones ahead and behind the working areas, but no active traffic control (i.e., including message boards and flagmen) will be provided. The park boring will be grouted to the surface after completion of drilling. Following the completion of our field CCiittyy ooff PPaalloo AAllttoo SSoouutthhggaattee NNeeiigghhbboorrhhoooodd SSttoorrmm DDrraaiinn IImmpprroovveemmeennttss aanndd GGrreeeenn SSttrreeeett PPrroojjeecctt ((CCIIPP ##SSDD--1100110011)) infiltration/permeability tests, a SCVWD well destruction permit will be obtained, and the wells will be destroyed by pressure grouting to within about one foot from the surface. The upper 2 to 3 inches of each well location will be plugged with hot mix asphalt concrete placed and tamped at each hole location. Saw cutting existing pavement at each well location, and replacement with HMA rolled in place using a paving subcontractor is assumed to not be required. Laboratory Testing: Soil samples collected from the borings will be transported to the Fugro laboratory for further visual classification and geotechnical laboratory testing. Laboratory tests will be performed on selected samples. Testing will consist of the following, as appropriate based on the actual soils encountered during the field investigation: • Classification and Index Tests such as sieve analysis and Atterberg limits determinations; • Test measurements at each boring location for soil organic content, pH and cation exchange capacity; • Moisture content and/or dry density determinations to aid in the qualitative evaluation of the soil types encountered; and • Two constant-head permeability tests. Analysis and Report: Following completion of field investigation and laboratory testing, Fugro will analyze the developed data and prepare a geotechnical study report. The report will describe subsurface conditions at the site and include logs of borings and a site plan showing the locations of each boring. The report will include the following: • Vicinity Map and Site Plan that shows exploration locations; • Logs of the exploratory borings and laboratory test results; CCiittyy ooff PPaalloo AAllttoo SSoouutthhggaattee NNeeiigghhbboorrhhoooodd SSttoorrmm DDrraaiinn IImmpprroovveemmeennttss aanndd GGrreeeenn SSttrreeeett PPrroojjeecctt ((CCIIPP ##SSDD--1100110011)) • Description of general site conditions and physical properties and characteristics of the subsurface soils encountered; • Measured infiltration rates from field and laboratory permeability testing; • Discussion of the geotechnical feasibility of various drainage system improvements involving disposal of surface water into the subsurface soils encountered at the field exploration points; • Discussion of the potential effects, including pavement deterioration and impact to adjacent structures or other locations in the project vicinity, resulting from the direct introduction of collected surface water into pavement and adjacent landscape subgrades; • Recommendations for site earthwork, including suitability of onsite materials as fill, fill placement and compaction requirements, reuse of onsite materials as engineered fill, site preparation and grading, subgrade preparation, excavation, and temporary slopes for below-grade structures such as the cistern. In Drill Hole Permeability Test • Place ‘test zone’ at invert of BMP • Locate groundwater table elevation (season high WT, if within upper 10 feet) • Measure permeability • Review site soil lithology • Determine Soil characteristics: organic content; pH; and cation exchange capacity. CCiittyy ooff PPaalloo AAllttoo SSoouutthhggaattee NNeeiigghhbboorrhhoooodd SSttoorrmm DDrraaiinn IImmpprroovveemmeennttss aanndd GGrreeeenn SSttrreeeett PPrroojjeecctt ((CCIIPP ##SSDD--1100110011)) Task B.06 Feasibility Study Report The RBF Project Team will evaluate report data gathered under previous tasks to make recommendations with regard to the proposed improvements. The report will include identification and accessing of potential innovative drainage system improvements and “green street” elements for the neighborhood, as well as specific locations for such improvements. RBF will meet with City staff to gather information and input for developing the elements to be assessed in the feasibility study. The feasibility study shall include consideration of a storm water storage system at Alexander Peers Park to harvest stormwater runoff for use as supplemental landscape irrigation water, permeable pavement, rain gardens in the planter strips, and storm water infiltration galleries. The report will analyze the feasibility of various alternatives and provide to the City a recommend set of drainage elements to pursue into preliminary design. Task B.07 Preliminary Design RBF project team will prepare a preliminary design of the proposed Southgate Neighborhood project. The preliminary plans (25% complete) will show the scope and location of the proposed drainage system and “green street” elements. The project team will develop the preliminary design to a 25% level suitable for submittal to the official advisory bodies for their initial review. The plans will be prepared in AutoCAD 2007 at a scale of 1’ = 20’. Task C Cost Estimates Task C.01 Preliminary Cost and Quantity Estimate The RBF Project Team will prepare one (1) preliminary quantity take-off and budgetary cost estimate in accordance with City requirements. This cost estimate will be based on the Feasibility Study Report using unit prices from the most currently available data, in order to assist the City with budgeting and prioritizing the improvements based on the 25% level of plan completion. This estimate will be a rough “order of magnitude” cost estimate. Task D Meetings The Scope of Work assumes the following meetings at design stages outlined below: 1. Preliminary Design – prepare submittal packages and presentation exhibits to facilitate review of project at the preliminary design stage to the following review bodies: City of Palo Alto Architectural Review Board (ARB) City of Palo Alto Planning and Transportation Commission (PTC) CCiittyy ooff PPaalloo AAllttoo SSoouutthhggaattee NNeeiigghhbboorrhhoooodd SSttoorrmm DDrraaiinn IImmpprroovveemmeennttss aanndd GGrreeeenn SSttrreeeett PPrroojjeecctt ((CCIIPP ##SSDD--1100110011)) City of Palo Alto Parks and Recreation Commission Palo Alto Bicycle Advisory Committee There will be a minimum of one RBF project team member in attendance at each meeting to assist City staff with the presentations and to answer questions from the review body members. Task E Work Product Submittal RBF will provide both reproducible and electronic sets of following work product submittals for staff review at the appropriate stage of work: Geotechnical investigations and reports Feasibility Study – identification and analysis of innovative drainage improvements and “green street” elements 25% complete preliminary plans – 8 half size plan sets, plus digital file on compact disc Advisory Body Reviews: Copies of plans, renderings, material/color samples as required by each review body Additional Services: 1. Plan, Specifications and Estimates RBF will prepare improvement plans for the Project to allow the implementation of the project, storm drain improvements, bike lane improvements, and street resurfacing improvements. The plans will be prepared for review and approval by City at 60%, 90% and 100% design phases. The plan lists are as follows: Task 1.01 Demolition Plans The RBF Project Team will prepare a demolition plan for the proposed improvements for this project. Plans will be prepared at a scale of 1”=20’, double loaded. It is anticipated that three (3) sheets, will be required for this task. Task 1.02 Street Improvement Plans The RBF Project Team will prepare final plan and profile (if necessary) street improvement plans at a scale of 1”=20’ based upon the approved preliminary layout developed under Task C. The following are the anticipated plan sheets: CCiittyy ooff PPaalloo AAllttoo SSoouutthhggaattee NNeeiigghhbboorrhhoooodd SSttoorrmm DDrraaiinn IImmpprroovveemmeennttss aanndd GGrreeeenn SSttrreeeett PPrroojjeecctt ((CCIIPP ##SSDD--1100110011)) Task 1.03 Design Cross Sections The RBF Project Team will prepare design cross sections, as necessary, at a scale of 1” = 10’ horizontal, and 1”=1’ vertical, which will show original ground, the proposed improvements and removals. Task 1.04 Storm Drain Improvement Plans The RBF Project Team will prepare Storm Drain Improvement Plans at a scale of 1”=20’. These plans will show new inlets and storm drain pipes. Evaluation of downstream facilities is excluded from this scope. It is anticipated that four (4) sheets will be required for this task. Plans will be prepared at a scale of 1”=20’. Task 1.05 Bike Boulevard Traffic Signing and Striping Plans The RBF Project Team will prepare Traffic Signing and Striping Plans. These plans will be prepared in accordance with the standards set forth by the City of Palo Alto, MUTCD and Caltrans Standard Plans and Specifications. The plans will be prepared at a scale of 1”=20’. It is anticipated that one (1) double-loaded sheet will be required. Task 1.06 Traffic Control Plans The RBF Project Team will prepare a Traffic Control Plan for the project. Lane closure and detours will be provided in accordance with the requirements of the City of Palo Alto, MUTCD and “Work Area Traffic Control Handbook” (WATCH). Plans will be prepared at a scale of 1”=20’. It is anticipated that four (4) sheets will be required for this task. RBF Project Team will organize presentation material and make presentation to property owners, Council, and staff concerning recommendations for traffic control and construction. Task 1.07 Landscape Construction Drawings The RBF Project Team shall prepare one (1) set of landscape construction drawings for the project site in sufficient form and detail to construct the landscape improvements. The plans shall be prepared based on the approved Preliminary Construction Plan. The plans shall be Plan # Sheets Title Sheet 1 Key Map/Notes 2 Typical Sections 1 Detail Sheets 2 Plan & Profile 5 Total Sheets 11 CCiittyy ooff PPaalloo AAllttoo SSoouutthhggaattee NNeeiigghhbboorrhhoooodd SSttoorrmm DDrraaiinn IImmpprroovveemmeennttss aanndd GGrreeeenn SSttrreeeett PPrroojjeecctt ((CCIIPP ##SSDD--1100110011)) prepared in AutoCAD at an appropriate scale on a base map of the project prepared by RBF under a separate task. Task 1.08 Specifications The RBF Project Team will prepare contract documents in accordance with the requirements of Caltrans and the City of Palo Alto. The City will provide its current “boilerplate” contract forms, general conditions, and general provisions on a diskette in Word format. The RBF Project Team will modify this “boilerplate” information and add the technical provisions for this Project utilizing Caltrans specifications in applicable areas. The technical specifications will be prepared in the CSI format. 2. Storm Water Pollution Prevention Plan In order to appropriately determine the scope for the preparation of the Storm Water Pollution Prevention Plan (SWPPP), RBF has completed a preliminary risk assessment for the project site based on its location, area, assumed construction duration of 1 year and estimates that the project will be classified as Risk Level 2. The following scope of services has been developed based on a risk level two classification of the project. If during the final assessment the project risk level is determined to be other than risk level two, the project budget and fee schedule as shown in this proposal will need to be modified. Task 2.01 SWPPP Preparation RBF will serve as the Qualified SWPPP Developer (QSD) for the project by preparing and uploading the necessary Permit Registration Documents (PRDs), including the SWPPP for the project to comply with the construction general permit number R9-2009-0009. The SWPPP will include a vicinity map, an erosion and sediment control plan (site map), a description of potential project Best Management Practices (BMPs), a Construction Site Monitoring Program (CSMP), and a Rain Event Action Plan (REAP) base form. This proposal assumes that the Post-Construction requirements as described in the construction general permit, order number R9-2009-0009, do not apply to this project because it is located within a regulated MS4 area. Task 2.02 SMARTS and SWPPP Document Revisions and Updates Acting as the project QSD, RBF will coordinate and update the project SMARTS account and the project SWPPP document as the project construction progresses. This will include uploading monitoring reports, revising the project SWPPP map, and processing necessary Change of Information forms. RBF will perform this task on a time and materials basis RBF assumes that 30 hours of services will be required for completion of this task. CCiittyy ooff PPaalloo AAllttoo SSoouutthhggaattee NNeeiigghhbboorrhhoooodd SSttoorrmm DDrraaiinn IImmpprroovveemmeennttss aanndd GGrreeeenn SSttrreeeett PPrroojjeecctt ((CCIIPP ##SSDD--1100110011)) 3. Final Cost and Quantity Estimate The RBF Project Team will prepare a Project cost estimate with each level of document submittal at 60%, 90% and 100% design documents. 4. Meetings The Scope of Work assumes the following meetings at design stages outlined below: 1. 60% Review/Presentation City of Palo Alto Architectural Review Board (ARB) City of Palo Alto Planning and Transportation Commission City of Palo Alto Parks and Recreation Commission Palo Alto Bicycle Advisory Committee 5. Work Product Submittal RBF will provide both reproducible and electronic sets of following work product submittals for staff review at the appropriate stage of work: 60% design development documents: 8 half-size plan sets, 8 technical specifications sets, 8 copies of an opinion of probable construction costs, plus digital files of all documents on compact disc 90% design development documents: 8 half-size sets, 8 full-size sets, 8 technical specifications sets, 8 copies of an opinion of probable construction costs, plus digital files of all documents on compact disc Advisory Body Reviews: Copies of plans, renderings, material/color samples as required by each review body 6. Construction Documents RBF project team will prepare final detailed project plans, technical specification, and cost estimate for construction bidding purposes that incorporate all plan check and permitting requirements. The project team will provide one reproducible set of final project drawings, specifications, and cost estimate and digital files of all documents on compact disc to the City. CCiittyy ooff PPaalloo AAllttoo SSoouutthhggaattee NNeeiigghhbboorrhhoooodd SSttoorrmm DDrraaiinn IImmpprroovveemmeennttss aanndd GGrreeeenn SSttrreeeett PPrroojjeecctt ((CCIIPP ##SSDD--1100110011)) 7. Construction Support Services Consultant shall provide construction phase support services. The duties and responsibilities at the Project site shall be in an indirect support role in dealings with the contractor but shall be a direct support role for the interpretation of the construction documents and the processes that allow the work to proceed through the construction phase to completion. The construction phase services shall include the following tasks, which will be performed at the request of Client on a time-and-materials basis. Task 7.01 Bid Support Services RBF shall be available during City’s bidding phase of the project to answer questions and provide guidance to the bidders. RBF can provide the following: 1. Attend pre-bid meetings, interpret the documents as may be requested, and maintain a written record of questions and interpretations given. 2. Prepare clarification information to the Construction Documents during the bidding period as may be required. Coordinate all efforts with City staff. The need for a maximum of 16 hours is estimated for this task. Task 7.02 Construction Support Services Shop Drawing Review - RBF shall process submittals, including receipt, review, and appropriate action on shop drawings, product data, samples, and other submittals for conformance with the intent of the Contract Documents. Consultant comments on such vendor data shall be given to the City Project Manager for further processing. Multiple reviews of re-submittals which do not adequately address the initial review comments are not included in this scope of services. The need for a maximum of 40 hours is estimated for this task Construction Plan Interpretation - RBF shall provide consulting services during the construction phase of the Project to interpret plans prepared by RBF project team and recommend plan revisions based upon field conditions encountered during construction. RBF shall also review and assist the City in evaluating the contractor’s change order requests for improvements designed by RBF project team. RBF shall prepare supplemental interpretation of Consultant’s documents in response to requests from the City. The need for a maximum of 80 hours is estimated for this task. Construction Meetings & Observation - RBF shall attend field meetings at the request of the City to observe the progress of the work and report on the construction’s CCiittyy ooff PPaalloo AAllttoo SSoouutthhggaattee NNeeiigghhbboorrhhoooodd SSttoorrmm DDrraaiinn IImmpprroovveemmeennttss aanndd GGrreeeenn SSttrreeeett PPrroojjeecctt ((CCIIPP ##SSDD--1100110011)) substantial compliance to the plans and specifications prepared by Consultant. The need for a maximum of 24 hours is estimated for this task. Punch List, Approval & Close Out - At the 100% completion of all improvements, RBF shall provide up to 16 hours for the review of the improvements to provide for final review and comment on the improvements as to conformance with the plans and specifications prepared by Consultant and to assist the City in obtaining final acceptance of improvements. The field review shall be requested by City, and the City shall provide a responsible representative and a Contractor’s superintendent to accompany Consultant during the final review for the purpose of communicating to the Contractor the necessary corrective work. Final Record Drawings - RBF shall revise the approved Plans for the Project, based upon field changes and revisions (redlined prints) as provided by the Project’s Contractor. Reproducible copies and CD-ROM of Final Record / Project Drawings in ACAD 2007 format shall be submitted to the City. Since the extent of field changes is unknown at this time, we have estimated a maximum of 24 hours for this task. Operations and Maintenance Manuals - RBF will provide Operations and Maintenance Manuals, as needed, for any drainage system elements that include operational systems and/or require specialized, periodic maintenance. RBF will provide training to the Public Works Operations crew for the operation, maintenance, and troubleshooting of all such drainage system elements. Since the extent of this work is unknown at this time, we have estimated a maximum of 80 hours for this task. ASSUMPTIONS: The Total Basic Services Fee of $106,794.00 shown in the attached Fee Breakdown Spreadsheet is for completion of Scope of Services Tasks A through E as outlined above. The Basic Services Fee of $106,794 does NOT include execution of Additional Service Items # 1 through #7. The City and RBF will negotiate the use of the Additional Services dollars on an as-needed basis for the specific tasks requested by the City. RBF is not contractually obligated to perform any tasks other than the tasks included in the Basic Services section (Tasks A through E). CITY FURNISHED MATERIALS: • Current topographic survey of project site. City of Palo Alto will provide the Consultant with current topographic mapping of the project area to be used for planning and design purposes. The City of Palo Alto will provide the Consultant with a color digital orthophoto of the project area. The topographic map to be provided by City of Palo Alto shall include the following: Design surveys will be made of city streets and paths within the project area. The design surveys shall cover the full street right-of-way. Utilities and pavement elevations will be collected. Invert elevations of sewer manholes, storm drain manholes and inlets will be collected and pipe sizes noted where observable. CCiittyy ooff PPaalloo AAllttoo SSoouutthhggaattee NNeeiigghhbboorrhhoooodd SSttoorrmm DDrraaiinn IImmpprroovveemmeennttss aanndd GGrreeeenn SSttrreeeett PPrroojjeecctt ((CCIIPP ##SSDD--1100110011)) A base map will be prepared in AutoCAD consisting of the digital orthophoto, features located from the design surveys, right-of-way lines and property lines. Right-of-way line and property line information to be provided by the City of Palo Alto from their GIS system shall be shown on the topographic map. The base map will be sufficient for planning and design purposes. • City shall provide access to the site, and owner CADD archives for the project. • City of Palo Alto will provide the Consultant with current topographic mapping of the project area to be used for planning and design purposes. City is to provide any and all indemnification, abatement, disposal or other actions required by local, state or federal law regarding hazardous materials. • City shall pay all governmental fees and costs. • Distribution of Consultant-prepared outreach materials to property and business owners of all community workshop meetings. • Available information on location of City-Owned utilities and irrigation equipment. • Coordination and administration of reviews and approvals by internal and external jurisdictional agencies. EXCLUSIONS: The following are excluded from the Basic Services component of the Scope of Work, but may be provided as additional services, as requested by the City: • Preparation of topographic survey of project site, except as specifically noted • Preparation of Final Plans, Specifications and Cost Estimate • Preparation of Storm Water Pollution Prevention Plan (SWPPP) • Preparation of Traffic Control Plans • Current Title Reports • Construction Support Services • Construction Staking, inspection, administration, construction quantity calculations and management • Legal Descriptions and Exhibits for any new right-of-way or easements (including construction easements) • Multiple Construction phasing and bid documents • Preparation of any Environmental Documentation • Identification of existing easements on properties Preparation of plans for Street Lighting enhancement opportunities, and street light improvement plans • Design for areas outside limit of work • Storm Water Control Report • Hydrology and/or hydraulic studies (Other than the report to be prepared under Task B.06) • Graphics / Signage Package • Conditional Use Permit, Zone change, Specific Plan Amendment and/or Area Plan CCiittyy ooff PPaalloo AAllttoo SSoouutthhggaattee NNeeiigghhbboorrhhoooodd SSttoorrmm DDrraaiinn IImmpprroovveemmeennttss aanndd GGrreeeenn SSttrreeeett PPrroojjeecctt ((CCIIPP ##SSDD--1100110011)) • Design of Dry Utilities, i.e. telephone, electric, gas and cable TV Plans • Dry Utility Relocation Plans • Acoustical Studies • Traffic Engineering reports or studies • Boundary Survey / ALTA Survey • Lot Line Adjustment or Parcel Map • Design of traffic signals (Placement of loops shall be included) • Excavation for potholing of existing underground utilities • Acquisition of any right-of-way, easements, permit to enter, encroachment permits, etc. • Property Appraisals • Parking Analysis • Design of any retaining walls • Cathodic Protection Plans • Water, Sewer, and Storm Drain capacity studies Prepared by: RBF Consulting Prepared for: City of Palo Alto City of Palo Alto SouthGate Neighborhood Storm Drain Improvements and Green Street Project Fee Breakdown Spreadsheet Date: 11/14/2011 PHASE TASK Project Manager Senior Engineer Project Engineer Designer 1-man crew Licensed Surveyor Principal Project Manager Irrigation Cad/ Graphics Principal Engineer SR Engr Staff Engr CAD Admin Vehicle Charge Laboratory Expenses Task Fee Total Task A Public Communication and Outreach Plan 12 16 12 16 $7,680 Task B Feasibility Study 40 144 100 40 12 8 8 28 20 5 7 50 4 4 36 $2,350 $8,900 $81,484 Task C Cost Estimates 416 2 4 $3,810 Task D Meetings 24 8 16 12 $9,544 Task E Work Product Submittal 212 $1,776 SUBTOTAL HOURS 78 156 116 52 12 8 42 56 0 36 5 7 50 4 4 36 $2,350 $8,900 $104,294 Hourly Rate $180 $163 $148 $118 $150 $175 $155 $120 $115 $100 $215 $175 $135 $105 $85 $12 Reimbursable Expenses $2,500 TOTAL BASIC SERVICES FEE $14,040 $25,428 $17,168 $6,136 $1,800 $1,400 $6,510 $6,720 $0 $3,600 $1,075 $1,225 $6,750 $420 $340 $432 $2,350 $8,900 $106,794 Additional Services: See Exhibit A for a description of Additional Services Scope of Work $33,206 TOTAL CONTRACT AMOUNT (NOT TO EXCEED) $140,000 GATES + ASSOCIATES FugroRBF CONSULTING Page 1 RevisedExhibit B - SouthgateFee Estimate.xls Professional Services Rev. June 2, 2010 B-1 S:\PWD\STORM\CIP\SD-10101 Southgate\STAFF REPORT\PROF SERVICES Contract w-RBF Consulting 11-21-11.doc 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 project 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. Geotechnical Report 6 2. Feasibility Study (Initial Draft) 9 3. Feasibility Study (Final) 13 4. Preliminary Design Review Meetings 21 5. 25% Preliminary Project Drawings 25 Professional Services Rev. June 2, 2010 C-2 S:\PWD\STORM\CIP\SD-10101 Southgate\STAFF REPORT\PROF SERVICES Contract w-RBF Consulting 11-21-11.doc 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 $106,794. 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 $140,000. 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 $106,794 and the total compensation for Additional Services does not exceed $33,206. BUDGET SCHEDULE NOT TO EXCEED AMOUNT Task A $7,680 (Public Communication and Outreach) Task B $81,484 (Feasibility Study/25% Project Drawings) Task C $3,810 (Cost Estimates) Task D $9,544 (Meetings) Task E $1,776 (Work Product Submital) Sub-total Basic Services $104,294 Reimbursable Expenses $2,500 Total Basic Services and Reimbursable expenses $106,794 Professional Services Rev. June 2, 2010 C-2 S:\PWD\STORM\CIP\SD-10101 Southgate\STAFF REPORT\PROF SERVICES Contract w-RBF Consulting 11-21-11.doc Additional Services (Not to Exceed) $33,206 Maximum Total Compensation $140,000 REIMBURSABLE EXPENSES The administrative, overhead, secretarial time or secretarial overtime, word processing, photocopying, in-house printing, insurance and other ordinary business expenses are included within the scope of payment for services and are not reimbursable expenses. 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 service charges, cellular phone service charges, 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 $500 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 Potential Additional Service tasks are outlined in Exhibit A of this Agreement. Name / Title Average Direct Labor Fringe Benefit (61.1%) Total Labor Cost Overhead (63.3%) General & Admin. (59.8%) Total Labor and Indirect Cost Profit (5%)Billing Rate Kandee Bahmani, Scott Taylor / Project Manager $60.35 $36.87 $97.22 38.20 $36.09 $171.51 $8.58 $180.09 Daniel Apt, Bill Conyer / Senior Engineer $54.63 $33.38 $88.01 34.58 $32.67 $155.26 $7.76 $163.02 Aleksandra Torbica / Project Engineer $49.63 $30.32 $79.95 31.42 $29.68 $141.05 $7.05 $148.10 1-man Survey Crew $50.63 $30.93 $81.56 32.05 $30.28 $143.89 $7.19 $151.08 Licensed Surveyor $58.63 $35.82 $94.45 37.11 $35.06 $166.63 $8.33 $174.96 Designer $59.63 $36.43 $96.06 37.75 $35.66 $169.47 $8.47 $177.94 Name / Title Average Direct Labor Fringe Benefit (60%) Total Labor Cost Overhead (62%) General & Admin. (58%) Total Labor and Indirect Cost Profit (5%)Billing Rate David Gates / Principal $52.75 $31.65 $84.40 $32.71 $30.60 $147.70 $7.39 $155.09 Linda Gates / Project Manager $41.00 $24.60 $65.60 $25.42 $23.78 $114.80 $5.74 $120.54 Designer $39.25 $23.55 $62.80 $24.34 $22.77 $109.90 $5.50 $115.40 CAD Graphics $35.25 $20.55 $54.80 $21.24 $19.87 $95.90 $4.80 $100.70 Name / Title Average Direct Labor Fringe Benefit (61.1%) Total Labor Cost Overhead (63.3%) General & Admin. (59.8%) Total Labor and Indirect Cost Profit (5%)Billing Rate Principal Engineer $72.20 $44.11 $116.31 45.70 $43.18 $205.19 $10.26 $215.45 Senior Engineer $58.70 $35.87 $94.57 37.16 $35.10 $166.83 $8.34 $175.17 Staff Engineer $45.50 $27.80 $73.30 28.80 $27.21 $129.31 $6.47 $135.78 CAD $35.50 $21.69 $57.19 22.47 $21.23 $100.89 $5.04 $105.94 Administrative Support $28.50 $17.41 $45.91 18.04 $17.04 $81.00 $4.05 $85.05 3. General and Admin is a % of direct labor. Notes: 2. Overhead is a % of direct labor. RBF Rate Schedule for Personnel Classification Exhibit C-1 Hourly Rate Schedule Gates & Assoc. Rate Schedule for Personnel Classification FUGRO Consultants, Inc. Rate Schedule for Personnel Classification 1. Fringe Benefits is a % of direct labor. Professional Services Rev June 2, 2010 D-1 S:\PWD\STORM\CIP\SD-10101 Southgate\STAFF REPORT\PROF SERVICES Contract w-RBF Consulting 11-21-11.doc EXHIBIT “D” INSURANCE REQUIREMENTS 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 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 REQUIREMENTS, AS SPECIFIED, BELOW: MINIMUM LIMITS REQUIRED TYPE OF COVERAGE REQUIREMENT EACH OCCURRENCE AGGREGATE YES YES WORKER’S COMPENSATION EMPLOYER’S LIABILITY STATUTORY STATUTORY YES GENERAL LIABILITY, INCLUDING PERSONAL INJURY, BROAD FORM PROPERTY DAMAGE BLANKET CONTRACTUAL, AND FIRE LEGAL LIABILITY BODILY INJURY PROPERTY DAMAGE BODILY INJURY & PROPERTY DAMAGE COMBINED. $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 YES AUTOMOBILE LIABILITY, INCLUDING ALL OWNED, HIRED, NON-OWNED BODILY INJURY - EACH PERSON - EACH OCCURRENCE PROPERTY DAMAGE BODILY INJURY AND PROPERTY DAMAGE, COMBINED $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 YES PROFESSIONAL LIABILITY, INCLUDING, ERRORS AND OMISSIONS, MALPRACTICE (WHEN APPLICABLE), AND NEGLIGENT PERFORMANCE ALL DAMAGES $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 INDEMNIFY CITY. C. DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITY’S PRIOR APPROVAL. II. 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. B. CROSS LIABILITY Professional Services Rev June 2, 2010 D-1 S:\PWD\STORM\CIP\SD-10101 Southgate\STAFF REPORT\PROF SERVICES Contract w-RBF Consulting 11-21-11.doc 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 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 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 CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE COVERAGES CERTIFICATE HOLDER CANCELLATION ACORD 25-S (7/97)cO ACORD CORPORATION 1988 DATE (MM/DD/YY) PRODUCER INSURED INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE (MM/DD/YY)LIMITS GENERAL LIABILITY AUTOMOBILE LIABILITY GARAGE LIABILITY EXCESS LIABILITY WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS ADDITIONAL INSURED; INSURER LETTER: AUTHORIZED REPRESENTATIVE INSURER A: INSURER B: INSURER C: INSURER D: INSURER E: COMMERCIAL GENERAL LIABILITY CLAIMS MADEOCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS ANY AUTO OCCUR CLAIMS MADE DEDUCTIBLE RETENTION $ EACH OCCURRENCE FIRE DAMAGE (Any one fire) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) AUTO ONLY - EA ACCIDENT OTHER THAN AUTO ONLY: EA ACC AGG EACH OCCURRENCE AGGREGATE WC STATU- TORY LIMITS OTH- ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ ACORDTM 11/8/2011 Dealey, Renton & Associates P. O. Box 10550 Santa Ana CA 92711-0550 RBF Consulting PO Box 57057 Irvine CA 92619-7057 Travelers Property Casualty Co of Ameri Fireman's Fund Insurance Co. A X X X CONTRACTUAL X BFPD, XCU X 630500D4092 11/30/2010 11/30/2011 1,000,000 1,000,000 10,000 1,000,000 2,000,000 2,000,000 A X X X 8109496B499 11/30/2010 11/30/2011 1,000,000 B X SSE00048285639 11/30/2010 11/30/2011 10,000,000 10,000,000 Professional Liability is Excluded City of Palo Alto Purchasing and Contract Administration P.O. Box 10250 Palo Alto CA 94303 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. General Liability policy excludes claims arising out of the performance of professional services. General Liability includes coverage for Independent Contractors. Re: Southgate Neighborhood Storm Drain Input; RBF JN 35-101155 City of Palo Alto, its council members, officers, agents and employees are additional insured as respects to General and Auto Liability as required by written contract. Primary and Non-Contributing coverage applies to GL as required by written contract. POLICY #: COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions ofthe Coverage Form apply unless modi- fied by this endorsement. This endorsement identifies person(s) or organization(s) who are “insureds” under the Who Is An Insured Provi- sion of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: Countersigned By: Named Insured: (Authorized Representative) SCHEDULE Name of Person(s) or Organization(s): (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an “insured” for Liability Coverage, but only to the extent that person or organization qualifies as an “insured” under the Who Is An Insured Provision contained in Section II of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 RBF Consulting 11/8/2011 Any person or organization for whom you have agreed in a written contract or agreement to provide insurance but only for damages which are covered by this insurance and which you have agreed to provide in such 8109496B499 Ho l d e r I d e n t i f i e r : 777 7 7 7 7 7 0 7 0 7 0 7 0 0 0 7 7 7 6 1 6 1 6 0 4 5 5 7 1 1 1 0 7 6 6 7 1 6 1 1 7 2 0 5 5 5 7 3 0 744 2 0 2 7 7 7 2 5 0 7 3 0 0 0 7 2 6 5 1 5 7 7 0 4 7 3 2 0 0 3 0 7 7 7 0 5 1 5 1 3 5 6 7 0 1 0 2 0 746 3 5 5 0 6 2 3 3 6 4 1 1 3 0 7 0 6 2 2 2 7 5 3 2 1 2 7 7 2 0 0 7 1 0 6 2 7 7 1 3 4 4 3 2 3 3 0 0 734 0 0 5 5 3 1 2 2 7 4 1 3 0 0 7 6 7 2 7 2 4 2 0 3 5 7 7 2 0 0 0 7 7 7 7 7 7 7 0 7 0 0 0 7 0 7 0 0 7 777 7 7 7 7 7 0 7 0 7 0 7 0 0 0 7 3 5 2 5 6 7 7 1 1 5 4 5 6 0 0 0 7 2 3 1 1 1 4 1 7 1 2 7 1 1 2 0 0 713 2 2 3 7 3 5 3 1 6 3 0 1 0 0 7 0 2 3 2 3 7 3 4 3 1 7 3 1 1 0 0 7 1 2 3 3 3 6 2 5 2 1 7 3 0 0 0 0 703 3 2 2 6 2 5 2 0 7 3 1 0 0 0 7 1 3 3 3 3 6 2 5 2 0 7 3 0 0 1 0 7 0 3 3 3 2 7 2 4 2 0 7 3 0 0 0 0 703 2 3 3 6 2 4 3 1 7 3 1 0 0 0 7 7 7 5 6 1 6 3 3 5 1 7 6 5 5 4 0 7 7 7 7 7 7 7 0 7 0 0 0 7 0 7 0 0 7 Ce r t i f i c a t e N o : 57 0 0 4 4 3 9 3 4 8 6 CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 11/11/2011 IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. PRODUCER Aon Risk Services Central, Inc. Pittsburgh PA Office Dominion Tower, 10th Floor 625 Liberty Avenue Pittsburgh PA 15222-3110 USA PHONE(A/C. No. Ext): E-MAILADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # (866) 283-7122 INSURED RBF Consulting, A Baker Company PO Box 57057 Irvine CA 92619-7057 USA 0005FISyndicate #2623 Lloyd's of LondonINSURER A: INSURER B: INSURER C: INSURER D: INSURER E: INSURER F: FAX(A/C. No.):(847) 953-5390 CONTACTNAME: COVERAGES CERTIFICATE NUMBER:570044393486 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.Limits shown are as requested POLICY EXP (MM/DD/YYYY)POLICY EFF (MM/DD/YYYY)SUBRWVDINSR LTR ADDL INSR POLICY NUMBER TYPE OF INSURANCE LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR POLICY LOC EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGGGEN'L AGGREGATE LIMIT APPLIES PER: PRO- JECT AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS BODILY INJURY ( Per person) PROPERTY DAMAGE (Per accident) BODILY INJURY (Per accident) COMBINED SINGLE LIMIT (Ea accident) EXCESS LIAB OCCUR CLAIMS-MADE AGGREGATE EACH OCCURRENCE DED UMBRELLA LIAB RETENTION E.L. DISEASE-EA EMPLOYEE E.L. DISEASE-POLICY LIMIT E.L. EACH ACCIDENT OTH-ERWC STATU-TORY LIMITSY / N (Mandatory in NH) ANY PROPRIETOR / PARTNER / EXECUTIVE OFFICER/MEMBER EXCLUDED?N / A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY If yes, describe under DESCRIPTION OF OPERATIONS below Per ClaimQK110267506/30/2011 06/30/2012 Professional & Pollution $5,000,000Aggregate E&O-ProfLiabPriA SIR applies per policy terms & conditions $5,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) RE: Project: Southgate Neighborhood Storm Drain Input, RBF JN 35-101155. CANCELLATIONCERTIFICATE HOLDER AUTHORIZED REPRESENTATIVECity of Palo Alto Attn: Purchasing and Contract AdministrationPO Box 10250Palo Alto CA 94303 USA ACORD 25 (2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACTPRODUCERNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ADDL SUBRINSR POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITSPOLICY NUMBERLTR (MM/DD/YYYY)(MM/DD/YYYY)INSR WVD GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTEDCOMMERCIAL GENERAL LIABILITY $PREMISES (Ea occurrence) CLAIMS-MADE OCCUR MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER:PRODUCTS - COMP/OP AGG $ PRO-$POLICY LOCJECT COMBINED SINGLE LIMITAUTOMOBILE LIABILITY (Ea accident)$ BODILY INJURY (Per person)$ANY AUTO ALL OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $HIRED AUTOS (Per accident)AUTOS $ UMBRELLA LIAB EACH OCCURRENCE $OCCUR EXCESS LIAB CLAIMS-MADE AGGREGATE $ $DED RETENTION$ WC STATU-OTH-WORKERS COMPENSATION TORY LIMITS ERAND EMPLOYERS' LIABILITY Y / NANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $N / AOFFICER/MEMBER EXCLUDED? (Mandatory in NH)E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2010/05) RBFCO-1 OP ID: KH 11/08/11 714-708-4370United Captive Ins. Brokers 17151 Newhope St., Ste 211 Fountain Valley, CA 92708 Mark Barrie 714-708-2300 United States Fidelity &25887 Guaranty CompanyRBF Consulting 14725 Alton Parkway Irvine, CA 92618 X A D123W00213 07/01/11 07/01/12 1,000,000N1,000,000 1,000,000 Re: Southgate Neighborhood Storm Drain Input; RBF JN 35-101155 CITYPAA City of Palo Alto Purchasing & Contract Admin P.O. Box 10250 Palo Alto, CA 94303 City of Palo Alto (ID # 2070) City Council Staff Report Report Type: Consent Calendar Meeting Date: 11/21/2011 November 21, 2011 Page 1 of 2 (ID # 2070) Summary Title: Final Map for Palo Alto Bowl Title: Approval of Final Map to Merge Four Parcels into a 3.62 Acre Parcel for Condominium Subdivision Into a Hotel Unit and 26 Residential Units, Located at 4301 and 4329 El Camino Real. From:City Manager Lead Department: Planning and Community Environment Recommendation Staff recommends that City Council approve the proposed Final Map for 4301-4329 El Camino Real (Palo Alto Bowl), for a single condominium parcel of land with a hotel unit and 26 for sale residential units on a 3.62 acre site. Background On December 14, 2009 the City Council approved: (1) a Mitigated Negative Declaration; (2) a Record of Land Use Action; (3) a Site and Design Review application for the demolition of three buildings (including Palo Alto Bowl and Motel 6) and the construction of a four-story building containing 167 hotel guestrooms, and 26 three-story residential townhomes; and (4) a Tentative Map merging the four parcels into a 3.62 acre parcel for condominium subdivision into a hotel unit and 26 residential units, located at 4301 and 4329 El Camino Real. Discussion The purpose of the Final Map is to merge the four parcels into a 3.62 acre parcel for condominium subdivision into a hotel unit and 26 residential units. The Final Map and the recorded Record of Land Use Action approved by the Council for the Tentative Map are attached. The Planning and Public Works Departments have reviewed the Final Map and have determined that it is consistent with the approved Tentative Map. The City’s discretion on a Final Map is limited to determining that it complies with the design and conditions of the Tentative Map. The map satisfies all the approval conditions for the Tentative Map (Attachment A), including the preparation of a Subdivision Improvement Agreement and a BMR Agreement, and therefore staff recommends approval. Policy Implications The Planning and Transportation Commission and City Council found the project (site and design and tentative map) to be consistent with the land use designation and policies and programs of the Comprehensive Plan. The applicable Comprehensive Plan policies and November 21, 2011 Page 2 of 2 (ID # 2070) compliance with the Site and Design review criteria are incorporated into the Record of Land Use Action (Attachment A). Environmental Review The Mitigated Negative Declaration, which reviewed the environmental issues related to the project, as required by the California Environmental Quality Act (CEQA), was circulated for a 20- day public comment period on June 17, 2009. The Council adopted the Mitigated Negative Declaration as part of the Record of Land Use Action for the project on December 14, 2009. No further environmental review is required. Attachments: ·Attachment A: December 14, 2009 Approved Record of Land Use Action (DOC) ·Attachment B: Final Map (PDF) Prepared By:Jason Nortz, Planner Department Head:Curtis Williams, Director City Manager Approval: James Keene, City Manager 1 ATTACHMENT A APPROVAL NO. 2009-14 RECORD OF THE COUNCIL OF THE CITY OF PALO ALTO LAND USE ACTION FOR 4301-4329 El Camino Real: SITE AND DESIGN REVIEW AND TENTATIVE MAP APPLICATIONS [FILE NO.08PLN-00313 & 09PLN-00157] (PALO ALTO BOWL, LLC., APPLICANT) On December 14, 2009, the City Council approved the Site and Design Review and Tentative Map application for a new mixed use project including one 4-story, 167 unit hotel and 26 three-story detached and duplex-type townhomes on a 3.62 acre site located in the CS (Service Commercial), RM-15 (Multi-Family Residential), and R-1 (Single Family Residential) zone districts. making the following findings, determination and declarations: SECTION 1. Background.The City Council of the City of Palo Alto (“City Council”) finds, determines, and declares as follows: A.On October 6, 2008 Aaron Barger, on behalf of Palo Alto Bowl, LLC., applied for a Site and Design Review application for a new mixed use project including one 4-story, 167 unit hotel and 26 three-story detached and duplex-type townhomes for a total of 179,594 square feet. B.The Project would include the demolition of 64,263 square feet of existing commercial development including the one- story Palo Alto Bowl building, a three-story motel, and one-story retail building and the construction of 179,594 square foot mixed use project including one 4-story, 167-unit hotel and 26 three- story detached and duplex-type condominium units. C.On July 9, 2009 Aaron Barger, on behalf of Palo Alto Bowl, LLC., applied for a Tentative Map application for a single condominium parcel of land with a hotel unit and 26 for sale residential units. D.Following staff review, the Planning and Transportation Commission (Commission) reviewed and recommended approval of the Site and Design Review Project on June 10, 2009. E.Following Commission review, the Architectural Review Board (ARB) reviewed and recommended approval of the Site and Design Project on November 5, 2009. F.Following staff review, the Commission reviewed and recommended approval of the Tentative Map Project on November 18, 2009. 2 SECTION 2. Environmental Review. The City as the lead agency for The Project has determined that the project is subject to environmental review under provisions of the California Environmental Quality Act (CEQA) under Guideline section 15070, Decision to Prepare a Negative or Mitigated Negative Declaration. An Environmental Impact Assessment (EIA) was prepared for he Project and it has been determined that no potentially adverse impacts would result from the development that cannot be mitigated, therefore, the Project would have a less than significant impact on the environment. The Mitigated Negative Declaration was available for public review beginning May 29, 2009 through June 17, 2009. The Environmental Impact Assessment and Mitigated Negative Declaration are contained in CMR: _443:09_ SECTION 3.Site and Design Review Findings. 1.The use will be constructed and operated in a manner that will be orderly, harmonious, and compatible with existing or potential uses of adjoining or nearby sites, in that: The project is designed to be a mixed use project and incorporates an effective site layout that is consistent with the surrounding uses. Specifically, the hotel is located along the El Camino Real frontage, adjacent to similar commercial uses and zoning, and the residential use serves as an appropriate transition to the homes at the rear of the site. City standards and regulations will help to ensure that the use, or operation, of the site will be conducted in a manner that is compatible with the existing uses located in the immediate area. During construction, it is expected that there will be temporary impacts to the area in terms of construction- related noise, dust/debris and traffic. These impacts will be offset by applicable City construction standards, such as restrictions on hours of construction, the City’s noise ordinance, and the mitigation measures found in the attached draft Mitigated Negative Declaration (Attachment H) 2.The Project is consistent with the goal of ensuring the desirability of investment, or the conduct of business, research, or educational activities, or other authorized occupations, in the same or adjacent areas, in that: As this site is located in the Service Commercial, Multi-Family Residential, and Single Family Residential zone districts, and surrounded by both one and two story office buildings, the replacement of an existing motel, bowling alley, and single story small retail buildings with a new hotel and residences. should not reduce the overall functionality of the immediate area. Hotel and multi-family residential uses are expressly permitted in the Palo Alto Municipal Code and are consistent with 3 the Comprehensive Plan land use designation and help to support employment uses and revenue generation in the City. Other hotel facilities can also be found in the CS Zone District along El Camino Real in the southern end of Palo Alto. 3.Sound principles of environmental design and ecological balance are observed in the Project, in that: The project will replace a disturbed area on the site, which is currently developed with a motel, a small one-story retail building, a commercial building occupied by a restaurant and bowling alley,and parking lot areas. The project will protect significant trees on the site and provide for enhanced landscaping and open space. Green building features will be incorporated to achieve LEED Silver compliance for the hotel and Build it Green (BIG) certification for the residences. This application was subject to an environmental impact assessment (EIA), and it was determined that with appropriate mitigation measures, detailed in the attached Mitigated Negative Declaration (Attachment H), there will be no significant environmental impacts associated with the proposed development 4.The use will be in accord with the Palo Alto Comprehensive Plan, in that: The Comprehensive Plan designation is a mix of Service Commercial, Multi-Family Residential, and Single Family Residential per the Palo Alto 1998 -2010 Comprehensive Plan. The proposed project for a new mixed use including a hotel and multi- family residential is consistent with the land use designation. The project is also consistent with The Palo Alto Comprehensive Plan policies related to business and economics. The Comprehensive Plan encourages owners to upgrade or replace existing commercial properties so that these commercial areas are more competitive and better serve the community. The commercial properties could be redesigned to be more attractive and inviting for pedestrians. These properties could be redesigned to provide additional housing through mixed use development. Goal L-1: A well designed, compact city providing residents and visitors with attractive neighborhoods, work places, shopping districts, public facilities and open spaces. Policy L-4: Maintain Palo Alto’s varied residential neighborhoods while sustaining the vitality of its commercial areas and public facilities. Use the Zoning Ordinance as a tool to enhance Palo Alto’s desirable qualities. 4 Policy L-9: Enhance desirable characteristics of mixed use areas. Use the planning and zoning process to create opportunities for new mixed use development. Policy T-1: Make land use decisions that encourage walking, bicycling, and public transit use. Policy T-23: Encourage pedestrian-friendly design features such as sidewalks, street trees, on-site parking, public spaces, gardens, outdoor furniture, art, and interesting architectural details. Policy N-17: Preserve and protect heritage trees, including native oaks and other significant trees, on public and private property. Goal B-1: A thriving business environment that is compatible with Palo Alto’s residential character and natural environment. Goal B-3: New businesses that provide needed local services and municipal revenues, contribute to economic vitality, and enhance the city’s physical environment. Additional applicable Comprehensive Goals and Policies are provided in Attachment H of the June 10, 2009 PTC Staff Report. SECTION 4.TENTATIVE MAP FINDINGS A legislative body of a city shall deny approval of a Preliminary Parcel Map, if it makes any of the following findings (California Government Code Section 66474): 1.That the proposed map is not consistent with applicable general and specific plans as specified in Section 65451: This finding can not be made in the affirmative. The site does not lie within a specific plan area and is consistent with the provisions of the Comprehensive Plan. The land use designation in the area of the subdivision is Service Commercial which allows mixed use development and the zoning designation is CS, RM-15 and R-1(8000). The proposed mixed use development of multi-family residential and one hotel is consistent with the land use and zoning designations of the site. 2.That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans: This finding can not be made in the affirmative. The map is consistent with the following Comprehensive Plan policies: (1) Policy L-9:Enhance desirable characteristics of mixed use areas. Use the planning and zoning process to create opportunities for new mixed use development; (2)Policy L-11:Promote increased 5 compatibility, interdependence, and support between commercial and mixed use centers and the surrounding residential neighborhoods;(3) Policy N-17:Preserve and protect heritage trees, including native oaks and other significant trees, on public and private property; (4)Policy B-9:Encourage new businesses that meet the city’s business and economic goals to locate in Palo Alto. 3.That the site is not physically suitable for the type of development: This finding can not be made in the affirmative. The site can accommodate the proposed mixed use development. The site is adjacent to established service commercial and residential development. The site is relatively flat and has multiple connections for bikes, pedestrians, and cars.The site planning for the project is consistent with area in that the four- story hotel is located along El Camino Real in the CS zoned portion of the site and is consistent with similar uses in the area. The project transitions to the 26 residences in the rear half of the lot that is adjacent to the neighboring R-1 properties 4.That the site is not physically suitable for the proposed density of development: This finding can not be made in the affirmative. The subdivision would be consistent with the site development regulations of the RM-15 zone district. The proposed density of 26 units is far less than the allowable density of 56 units. The proposed density of development is not considered growth inducing with respect to service and utility infrastructure or with respect to access.The project will also have a less than significant impact on traffic demand. 5.That the design of the subdivision or the proposed improvements is likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat: This finding can not be made in the affirmative. The subdivision would not cause environmental damage or injure fish, wildlife, or their habitat. The site does contain a number of mature landscape trees. Many of these were identified as being significant due to their size and health and have been proposed to remain. 16 trees are defined as protected ordinance size trees. They include #15-20, 22-25, 27, 34, 38, 42, 55 and 85. The building footprint is located on the location of protected coast live oak #42, and is proposed to be relocated to the eastern edge of the property adjacent to the public path easement entry at Cesano Court. One coast live oak #17, a public and protected tree, is 6 proposed for removal to facilitate a new driveway curb cut onto Monroe Drive. The tree has been determined to be in to poor of health for relocation so a new 96”valley oak tree is proposed as a replacement tree and will be located at the hotel entry adjacent to the eastern property line.One redwood tree #24 is in poor condition and is located where the bike path is proposed and will be replaced with an 84” box specimen tree (Parrotia Persica) at the corner of the property. The largest protected tree on the property, coast live oak #55, is a large mature healthy tree visible from El Camino Real, and is to be a retained focal point of the site planning, outdoor use and enjoyment.There are 23 publicly owned street trees The project includes removal of the 14 publicly owned trees. These trees would be replaced with 16 new street trees and new landscaping along both the El Camino Real and Monroe Drive street frontage. 6.That the design of the subdivision or type of improvements is likely to cause serious public health problems: This finding can not be made in the affirmative. The subdivision of the existing parcels will not cause serious public health problems. The resulting mixed use development will not cause a public health problem in that it is designed to provide access for emergency services, will supply necessary utility services, such as sanitation, and is designed per City and State standards to ensure public safety. 7.That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the governing body may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision. The subdivision of the existing parcels will not conflict with existing public easements. New utility easements and new public rights of way will be created and the plan is designed to maintain public access throughout the site. 7 SECTION 5. SITE AND DESIGN APPROVALS GRANTED.Site and Design Approval is granted by the City Council under Palo Alto Municipal Code Section 18.30(G).070 for application 08PLN-00104, subject to the conditions of approval in Section 5 of the Record. SECTION 6.Conditions of Approval. Planning and Transportation Division 1.The plans submitted for Building Permit shall be in substantial conformance with plans received and date stamped October 20,2009, except as modified to incorporate these conditions of approval. 2.The plans show a new entry sign located along the southeast property line. An application and approval for architectural review pursuant to PAMC Chapter 16.20 is required for new signage for the proposed business establishment prior to installation. 3.The applicant shall provide a photometric plan prior to ARB submittal that identifies all potential light impacts to neighboring residential properties, including any potential impacts from hotel use onto any residential units located on the project site. 4.Prior to building permit submittal, applicant shall provide City with $25,000 of funding for proposed traffic calming measures to be determined by the Director of Planning and Community Environment in concert with the Monroe Park Neighborhood Association. 5.All mitigation measures identified in the Mitigated Negative Declaration shall be incorporated into the project implementation. 6.The project is subject to meeting all the requirements of Palo Alto Municipal Code Chapter 18.44, the City’s Green Building Ordinance. 7.To the extent permitted by law, the applicant shall indemnify and hold harmless the City, its City Council, its officers, employees and agents (the “indemnified parties) from against any claim, action, or proceeding brought by a third party against the indemnified parties and the applicant to attack, set aside or void, any permit or approval authorized hereby for the Project, including (without limitation) reimbursing the City its actual attorneys fees and costs incurred in 8 defense of the litigation. The City may, in its sole discretion, elect to defend any such action with attorneys of its own choice. Planning Arborist PRIOR TO DEMOLITION, BUILDING OR GRADING PERMIT ISSUANCE 9. Tree #17 is a 14-inch diameter coast live oak that was considered for relocation, but staff determined the tree would not survive the efforts because of poor structure and conditions. Therefore, the tree shall be mitigated with a new 96-inch valley oak, at the hotel entry adjacent to the eastern property line.Mitigation shall also include a Regulated Tree Management Program[2]. A security guarantee of 150% of the in kind size cost shall be kept by the city for a period of two years, pursuant to the City Tree Technical Manual, Section 3.25-6. 10.Tree #42 is an 18.5-inch diameter coast live oak that will be retained, protected and relocated to an approved location on the site. Tree #24 is a 22-inch diameter redwood that will be removed and replaced with a 84-inch box specimen tree (Parrotia Persica) at the northwest corner of the property.Mitigation shall also include a Regulated Tree Relocation and Management Program[3]. A security guarantee of 150% of the in kind size cost shall be kept by the city for a period of two years, pursuant to the City Tree Technical Manual, Section 3.25-6. 11. Tree #55 is a mature 46.5-inch diameter coast live oak that will be retained and protected. The prominent tree is highly visible from El Camino Real, and therefore considered a significant aesthetic resource, as well as an ordinance size biological resource. The project could impose significant impacts to the roots from parking garage construction and canopy degradation by denying solar access to the leaf area. According to the shading study requested by staff, approximately 25% of leaf area will be permanently impacted by year round new building shade, and additional leaf area shaded by shorter periods of solar access, all critical to the tree’s survival, ability to withstand insect and disease and retention in the site plan. Mitigations shall be as follows: 9 a.A Regulated Tree Management Program[4]shall be provided. A security guarantee of 150% of the in kind size cost shall be kept by the city for a period of two years, pursuant to the City Tree Technical Manual, Section 3.25- 6. It shall recommend measures for below ground, above ground and maintenance measures: (a) Below ground, engineer optimum soil and root growing conditions for the limited growing area imposed upon the tree, including watering, aerating, fertilizing surface treatments and other measures; (b) above ground, engineer a solar access solution by providing sufficient artificial light integrated into the building design (timed, powered by photovoltaic system or other approved method, and designed to minimize visual prominence). Provide easy to follow maintenance program for branch and twig blight, insect controls, pruning, inspection and reporting schedule, etc. A security guarantee of 150% of the appraised market value shall be kept by the city for a period of five years, pursuant to the City Tree Technical Manual, Section 3.25-6. The following recommended conditions will also apply to the above three oak trees (#17, 42 and 55) to be retained: 12.TREE APPRAISAL & SECURITY DEPOSIT AGREEMENT. (Reference: CPA Tree Technical Manual, Section 6.25). Prior to the issuance of a grading or building permit, the applicant shall prepare and secure a tree appraisal and security deposit agreement stipulating the duration and monitoring program.The appraisal of the condition and replacement value of all trees to remain shall recognize the location of each tree in the proposed development. Listed separately, the appraisal may be part of the Tree Survey Report. For the purposes of a security deposit agreement, the monetary market or replacement value shall be determined using the most recent version of the “Guide for Plan Appraisal”, in conjunction with the Species and Classification Guide for Northern California.The appraisal shall be performed at the applicant’s expense, and the appraiser shall be subject to the Director’s approval. a.SECURITY DEPOSIT AGREEMENT. Prior to grading or building permit issuance, as a condition of development approval, the applicant shall post a security deposit for the 150% of the appraised replacement value of the following trees: (#15-16,18-20,22-23,25,27,34,38,42,55,and 85), to be retained and protected. The total amount for this project 10 is: $_______________________. The security may be a cash deposit, letter of credit, or surety bond and shall be filed with the Revenue Collections/Finance Department or in a form satisfactory to the City Attorney. b.SECURITY DEPOSIT MONITORING PROGRAM. The project sponsor shall provide to the City of Palo Alto an annual tree evaluation report prepared by the project arborist or other qualified certified arborist, assessing the condition and recommendations to correct potential tree decline for trees remain and trees planted as part of the mitigation program.The monitoring program shall end two years from date of final occupancy, unless extended due to tree mortality and replacement, in which case a new two year monitoring program and annual evaluation report for the replacement tree shall begin. Prior to occupancy, a final report and assessment shall be submitted for City review and approval.The final report shall summarize the Tree Resources program, documenting tree or site changes to the approved plans, update status of tree health and recommend specific tree care maintenance practices for the property owner(s).The owner or project sponsor shall call for a final inspection by the Planning Division Arborist. c.SECURITY DEPOSIT DURATION. The security deposit duration period shall be two years (or five years if determined by the Director) from the date of final occupancy. Return of the security guarantee shall be subject to City approval of the final monitoring report. A tree shall be considered dead when the main leader has died back, 25% of the crown is dead or if major trunk or root damage is evident.A new tree of equal or greater appraised value shall be planted in the same area by the property owner. Landscape area and irrigation shall be readapted to provide optimum growing conditions for the replacement tree. The replacement tree that is planted shall be subject to a new two-year establishment and monitoring program.The project sponsor shall provide an annual tree evaluation report as originally required. 13.BUILDING PERMIT SUBMITTAL REVIEW. Prior to submittal for staff review, the plans submitted for building permit shall be reviewed by the project site arborist to verify that all the arborist’s recommendations have been incorporated into the final plan set. The submittal set shall be accompanied by the project site arborist’s 11 certification letter that the plans have incorporated the following information: a.Final Tree Protection Report (TPR) design changes and preservation measures. b.Palo Alto Tree Technical Manual Standards, Section 2.00 and PAMC 8.10.080. c.Outstanding items. Itemized list and which plan sheet the measures are to be located. d.Landscape and irrigation plans are consistent with CPA Tree Technical Manual, Section 5.45 and Appendix L, Landscaping under Native Oaks and PAMC 18.40.130. 14.SITE PLAN REQUIREMENTS. The final Plans submitted for building permit shall include the following information and notes on the relevant plan sheets: a. Sheet T-1_Tree Protection-it's Part of the Plan (http://www.cityofpaloalto.org/environment/urbancanopy.a sp),Applicant shall complete the Tree Disclosure Statement. Inspections and monthly reporting by the project arborist are mandatory. (All projects: check #1; with tree preservation report: check #2-6; with landscape plan: check #7.) b. The Tree Preservation Report (TPR). All sheets of the TPR approved by the City, (David Babby at Arbor Resources 650-654-3351. Arborist report dated March 21, 2008) shall be printed on numbered Sheet T-1 (T-2, T-3, etc) and added to the sheet index. c. Protective Tree Fencing Type.Delineate on grading plans, irrigation plans, site plans and utility plans, Type II fencing around Street Trees and Type I fencing around Protected/Designated trees as a bold dashed line enclosing the Tree Protection Zone (per the approved Tree Preservation Report) per instructions on Detail #605, Sheet T-1,and the City Tree Technical Manual, Section 6.35-Site Plans. d. Site Plan Notes. Note #1. Apply to the site plan stating, "All tree protection and inspection schedule measures, design recommendations, watering and construction scheduling shall be implemented in full by owner and contractor, as stated in the Tree Protection Report on Sheet T-1 and the approved plans”.Note #2. 12 All civil plans, grading plans, irrigation plans, site plans and utility plans and relevant sheets shall include a note applying to the trees to be protected, including neighboring trees stating:"Regulated Tree-- before working in this area contact the Project Site Arborist at ( David Babby at Arbor Resources 650-654- 3351); Note #3. “Basement foundation plan. Soils Report and Excavation for basement construction within the TPZ of a protected tree shall specify a vertical cut (stitch piers may be necessary) in order to avoid over- excavating into the tree root zone. Any variance from this procedure requires City Arborist approval, please call (650) 329-2441.” Note #4.Utility plan sheets shall include the following note: “Utility trenching shall not occur within the TPZ of the protected tree.Contractor shall be responsible for ensuring that no trenching occurs within the TPZ of the protected tree by contractors, City crews or final landscape workers. See sheet T-1 for instructions.” 15.LANDSCAPE PLANS. a.Make the following changes in plant material for the following species, and planting specifications (if any) b.Provide a detailed landscape and irrigation plan. c.Encompassing on-and off-site plantable areas out to the curb shall be approved by the Architectural Review Board.A Landscape Water Use statement, water use calculations and a statement of design intent shall be submitted for the project.A licensed landscape architect and qualified irrigation consultant will prepare these plans, to include: i.All existing trees identified both to be retained and removed including street trees. ii.Complete plant list indicating tree and plant species, quantity, size, and locations. iii.Irrigation schedule and plan. iv.Fence locations. v.Lighting plan with photometric data. vi.Trees to be retained shall be irrigated, aerated and maintained as necessary to ensure survival. vii.All new trees planted within the public right-of-way shall be installed per Public Works (PW) Standard Planting Diagram #603 or 604 (include on plans), and shall have a tree pit dug at least twice the diameter of the root ball. 13 viii.Landscape plan shall include planting preparation details for trees specifying digging the soil to at least 30-inches deep, backfilled with a quality topsoil and dressing with 2-inches of wood or bark mulch on top of the root ball keeping clear of the trunk by 1-inch. ix.Automatic irrigation shall be provided to all trees.For trees, PW Detail #513 shall be included on the irrigation plans and show two bubbler heads mounted on flexible tubing placed at the edge of the root ball.Bubblers shall not be mounted inside an aeration tube.The tree irrigation system shall be connected to a separate valve from other shrubbery and ground cover, pursuant to the City's Landscape Water Efficiency Standards.Irrigation in the right-of-way requires a street work permit per CPA Public Works standards. x.Landscape Plan shall ensure the backflow device is adequately obscured with the appropriate screening to minimize visibility (planted shrubbery is preferred, painted dark green, decorative boulder covering acceptable; wire cages are discouraged). d.Planting notes to include the following mandatory criteria: i.Prior to any planting, all plantable areas shall be tilled to 12” depth, and all construction rubble and stones over 1” or larger shall be removed from the site. ii.Note a turf-free zone around trees 36” diameter (18” radius) for best tree performance. e.Mandatory Landscape Architect (LA) Inspection Verification to the City. The LA of record shall verify the performance measurements are achieved with a separate letter of verification to City Planning staff, in addition to owner’s representative for each of the following: i.Percolation & drainage checks have been performed and is acceptable. ii.Fine grading inspection of all plantable areas has been personally inspected for tilling depth, rubble removal, soil test amendments are mixed and irrigation trenching will not cut through any tree roots. iii.Tree and Shrub Planting Specifications, including delivered stock, meets Standards in the CPA Tree Technical Manual, Section 3.30-3.50. Girdling roots 14 and previously topped trees are subject to rejection. 16.TREE PROTECTION VERIFICATION. Prior to demolition, grading or building permit issuance, a written verification from the contractor that the required protective fencing is in place shall be submitted to the Building Inspections Division. The fencing shall contain required warning sign and remain in place until final inspection of the project. DURING CONSTRUCTION 17.EXCAVATION RESTRICTIONS APPLY (TTM, Sec. 2.20 C & D). Any approved grading, digging or trenching beneath a tree canopy shall be preformed using ‘air-spade’ method as a preference, with manual hand shovel as a backup. For utility trenching, including sewer line, roots exposed with diameter of 1.5 inches and greater shall remain intact and not be damaged. If directional boring method is used to tunnel beneath roots, then Table 2-1, Trenching and Tunneling Distance, shall be printed on the final plans. 18.PLAN CHANGES. Revisions and/or changes to plans before or during construction shall be reviewed and responded to by the project site arborist, (David Babby at Arbor Resources 650-654-3351. Arborist report dated March 21, 2008), with written letter of acceptance before submitting the revision to the city for review. 19.CONDITIONS. All Planning Department conditions of approval for the project shall be printed on the plans submitted for building permit. 20. TREE PROTECTION COMPLIANCE. The owner and contractor shall implement all protection and inspection schedule measures, design recommendations and construction scheduling as stated in the TPR, and is subject to code compliance action pursuant to PAMC 8.10.080. The required protective fencing shall remain in place until final landscaping and inspection of the project. Project arborist approval must be obtained and documented in the monthly activity report sent to the City. A mandatory Monthly Tree Activity Report shall be sent monthly to the City beginning with the initial verification approval, using the template in the Tree Technical Manual, Addendum 11. 21.TREE DAMAGE. Tree Damage, Injury Mitigation and Inspections apply to Contractor. Reporting, injury mitigation measures and arborist inspection schedule (1-5) apply pursuant to TTM, Section 15 2.20-2.30. Contractor shall be responsible for the repair or replacement of any publicly owned or protected trees that are damaged during the course of construction, pursuant to Title 8 of the Palo Alto Municipal Code, and city Tree Technical Manual, Section 2.25. 22.GENERAL. The following general tree preservation measures apply to all trees to be retained: No storage of material, topsoil, vehicles or equipment shall be permitted within the tree enclosure area. The ground under and around the tree canopy area shall not be altered. Trees to be retained shall be irrigated, aerated and maintained as necessary to ensure survival. PRIOR TO OCCUPANCY (Required for commercial projects with landscape plan--delete if not needed) 23.LANDSCAPE INSPECTION. The Planning Department shall be in receipt of written verification that the Landscape Architect has inspected all trees, shrubs, planting and irrigation and that they are installed and functioning as specified in the approved plans. 24.TREE INSPECTION. The contractor shall call for an inspection by the Project Arborist. A final inspection and report by the project arborist shall evaluate all trees to be retained and protected, as indicated in the approved plans, the activity, health, welfare, mitigation remedies for injury, if any, and for the long term care of the trees for the new owner. The report shall provide written verification to the Planning Department that all trees, shrubs, planting and irrigation are installed and functioning as specified in the approved plans.The final arborist report shall be provided to the Planning Department prior to written request for temporary or final occupancy. The final report may be used to navigate the security guarantee return process, when applicable. 25.PLANNING INSPECTION. Prior to final sign off, contractor or owner shall contact the city planner (650-329-2441) to inspect and verify Special Conditions relating to the conditions for structures, fixtures, colors and site plan accessories. POST CONSTRUCTION (Required for commercial projects with landscape plan--delete if not needed) 26.MAINTENANCE.All landscape and trees shall be maintained, watered, fertilized, and pruned according to Best Management Practices-Pruning (ANSI A300-2001 or current version). Any vegetation that dies shall be replaced or failed automatic 16 irrigation repaired by the current property owner within 30 days of discovery. PRIOR TO BUILDING PERMIT ISSUANCE 27.Sheet L5.1. The irrigation detail #6 is not adequate for trees. Provide two bubblers ea. Per PWE Detail #513. 28.Include CPA Sheet T-1 on the Index and in the plan set. PRIOR TO OCCUPANCY 29.The Planning Department shall be in receipt of written verification that the Landscape Architect has inspected all trees, shrubs, planting and irrigation and that they are installed and functioning as specified in the approved plans. POST CONSTRUCTION 30.Maintenance.All landscape shall be maintained, watered, fertilized, and pruned according to Best Management Practices- Pruning (ANSI A300-2001). Any vegetation that dies shall be replaced or failed automatic irrigation repaired by the current property owner within 30 days of discovery. Planning Housing 31.Since the area is less than 5.0 acres in size, the project must provide a 15% BMR contribution calculated as 26 units X 15% equals 3.9 units. 32. Based on the above calculation, at least three (3) units of the 26 units shall be provided for sale at the permitted BMR prices to qualified buyers through the City’s BMR Program. And the remaining 0.9 units shall be satisfied through the payment by the developer of a pro-rated BMR in-lieu fee on the market price (or appraised value, if greater) of the non-BMR units. The BMR units must comply with the City’s standards for BMR units. As described in the Standards, BMR units must be provided in proportion to the unit types, sizes, and floor plans as the market rate units, and must be located throughout the development in all buildings, sections, and locations. In designing the BMR unit interior floor plans, the applicant should attempt as much as possible, given the exterior dimensions of the homes, to meet the BMR unit standards for bedroom size. Building Department 17 33.For the Residential Townhouse units, please clarify if these units are to be part of a condominium parcel map or if the units will have fee simple individual parcel maps. 34.Clarify the Occupancy Use Group(s) for the Hotel Site in the Project Data Sheet. It appears that this project may have some mixed uses, such as group A-2 Assembly meeting/ dining rooms and Office, group B and Storage, group S uses. 35.If the Hotel is a mixed use occupancy building, then provide an Allowable Area calculation for the mixed occupancies, show if the building area is to be based on either Non- separated occupancies per CBC 508.3.2 or by Separated occupancies using CBC 508.3.3. If Fire Walls are required per CBC 705.1, then clearly show on the Hotel Floor Plan(s) the location(s) of these walls. 36.Clarify in the Project Data sheet if the Hotel building is to be sprinkelered or not? 37.Clarify on the Project Data sheet if the parking garage that is located below grade is to be provided with a 3-hr fire- resistive horizontal assembly and will be considered as a separate and distinct building for the purpose of determining area limitations. (CBC 509.2) 38.On sheet A2.01: Hotel Plan -First Floor Plan: provide on the plans the minimum required plumbing fixture count for the restrooms on each floor based on the 2007 CA Plumbing Code, CPC Table 4-1. 39.On sheet A2.01: Hotel Plan -First Floor Plan: provide the setback dimension from the (N) Hotel Building to the south property line. 40.On sheet A2.01: Hotel Plan -First Floor Plan: provide an exiting analysis for the (N) building, including the area for each room, occupant load, required number of exits and separations of required exits. Clarify on the floor plan if the exterior courtyard is enclosed or open to the grade or side street. If the courtyard is enclosed, then show the occupant load and the exits to the building from the courtyard. 41.On sheets A2.01 to A2.04: Hotel Plan -First to Fourth Floor Plans: provide accessible guest rooms as required per CBC 1111B.4.2 and Table 11B-3 and for hearing impaired accessible rooms per Table 11B-4. The arrangement of the 18 accessible guest rooms shall be dispersed among the various classes of sleeping accommodations to provide a range of options applicable to room sizes, costs, amenities provided, etc. as per CBC 1111B.4.1. 42.A geotechnical report is required for the construction of the (N) Hotel Commercial building. 43.The completed and approved plan submittal package should be sent to an approved Outside Plan Check Consultant for plan review. Public Works Engineering 44.The proposed development will need a tentative-final map process. The applicant shall submit an application for a major subdivision with the Planning division. 45. Offsite improvements will be required for this project. At minimum, these are: the resurfacing (grind and overlay, full width) of Monroe Dr., and the removal and replacement of the curb, gutter, and sidewalk along all project frontages. 46. Sheet A0.05 –The fire truck access will require bollards or similar traffic control device installed on both sides to prevent through traffic. 47. The underground parking structure shall be “built like a boat”.No exterior subgrade drainage systems are allowed. 48. This project must meet the State Regional Water Quality Control Board’s (SRWQCB) revised provision C.3. The applicant is required to satisfy all current storm water discharge regulations and shall provide calculations and documents to verify compliance. The project must also enter into a maintenance agreement with the City to guarantee the ongoing maintenance of the permanent C.3 storm water discharge compliance measures. The maintenance agreement shall be executed prior to the first building occupancy sign-off. Offsite property or ROW cannot be used to satisfy the C.3 requirements. 49.The site shows very limited usage of natural methods of stormwater pollution prevention measures. The applicant shall investigate and incorporate more non-mechanical storm water treatment measure into the project.Utility Sheet –If the loading area/dock contains a drain then it shall connect to the sanitary sewer (SS) through a manually operated fail-safe valve. 19 50. Utility Sheet –The loading area shall be covered if possible. 51. The applicant is required to meet with Public Works Engineering (PWE) prior to final ARB submittal to verify the basic design parameters affecting grading, drainage and surface water infiltration. The applicant is required to submit a conceptual site grading and drainage plan that conveys site runoff to the nearest adequate municipal storm drainage system. In order to address potential storm water quality impacts, the plan shall identify the Best Management Practices (BMP’s) to be incorporated into the Storm Water Pollution Prevention Plan (SWPPP) that will be required for the project. The SWPPP shall include permanent BMP’s to be incorporated into the project to protect storm water quality. (Resources and handouts are available from Public Works – Engineering. Specific reference is made to Palo Alto’s companion document to “Start at the Source”, entitled “Planning Your Land Development Project”). The elements of the PWE-approved conceptual grading and drainage plan shall be incorporated into the building permit plans. 52. A Grading and Excavation Permit issued by the CPA Public Works Engineering (PWE) Division is required for the proposed project. Any grading permit issued in conjunction with a phased project implementation plan will only authorize grading and storm drain improvements. Other site utilities may be shown on the grading plan for reference only, and should be so noted. No utility infrastructure should be shown inside the building footprint. 53. Installation of these other utilities will be approved as part of a subsequent Building Permit application. 54. The applicant shall submit a final grading and drainage plan to Public Works Engineering. This plan shall show spot elevations or contours of the site and demonstrate the proper conveyance of storm water to the nearest adequate municipal storm drainage system. Existing drainage patterns, including accommodation of runoff from adjacent properties, shall be maintained.The proposed development will result in a change in the impervious area of the property. The applicant shall provide calculations showing the adjusted impervious area with the building permit application. A Storm Drainage Fee adjustment on the applicant’s monthly City utility bill will take place in the month following the final approval of the construction by the Building Inspection Division. The impervious area calculation sheets and instructions are available from Public Works Engineering. 20 55. An easement or easements are required as follows: Various easements as required for access to site and bike path. The location of easements and the timing of separate easement documents shall be discussed with Public Works Engineering. 56. A construction logistics plan shall be provided, addressing at minimum parking, truck routes and staging, materials storage, and the provision of pedestrian and vehicular traffic adjacent to the construction site. All truck routes shall conform with the City of Palo Alto’s Trucks and Truck Route Ordinance, Chapter 10.48, and the route map which outlines truck routes available throughout the City of Palo Alto. A handout describing these and other requirements for a construction logistics plan is available from Public Works Engineering 57. The applicant shall obtain a Street Work Permit from Public Works Engineering for pedestrian protection on the public sidewalk and or construction proposed in the City right-of- way. Sec. 12.08.010. 58. A portion of the proposed work is within the State of California or County of Santa Clara right-of-way. A permit must be obtained from the applicable agency. Evidence of permit approval shall be submitted to the Planning and Public Works Departments. 59. A detailed site-specific soil report prepared by a licensed soils or geo-technical engineer must be submitted which includes information on water table and basement construction issues. Measures must be undertaken to render the basement waterproof and able to withstand all projected hydrostatic and soil pressures. No pumping of ground water is allowed. In general, Public Works Engineering recommends that structures be constructed in such a way that they do not penetrate existing or projected ground water levels. 60. The applicant is required to paint the “No Dumping/Flows to Adobe Creek” logo in blue color on a white background, adjacent to all storm drain inlets. Stencils of the logo are available from the Public Works Environmental Compliance Division, which may be contacted at (650) 329-2598. A deposit may be required to secure the return of the stencil. Include the instruction to paint the logos on the construction grading and drainage plan. Include maintenance of these logos in the Hazardous Materials Management Plan, if such a plan is part of this project. 61.The project includes the construction of dumpster and 21 recycling areas as part of a food service facility. Regulations require that the dumpster/recycling area be adequately roofed or covered. 62. The project includes the construction of dumpster and recycling areas. City guidelines require that this area be covered.The plans include a loading dock. Storm runoff from loading docks where chemicals or hazardous materials may be handled shall not drain to a street, gutter, or storm drain. See 16.09.032(b)(4)(D). It is recommended that the loading dock(s) be covered to preclude the need for a drain. 63. The contractor must contact the CPA Public Works Inspector at (650) 496-6929 prior to any work performed in the public right-of-way. 64. No storage of construction materials is permitted in the street or on the sidewalk without prior approval of Public Works Engineering. 65. The developer shall require its contractor to incorporate best management practices (BMP's) for stormwater pollution prevention in all construction operations, in conformance with the Storm Water Pollution Prevention Plan prepared for the project. It is unlawful to discharge any construction debris (soil, asphalt, sawcut slurry, paint, chemicals, etc.) or other waste materials into gutters or storm drains. (PAMC Chapter 16.09). 66. All construction within the City right-of-way, easements or other property under City jurisdiction shall conform to Standard Specifications of the Public Works and Utility Departments. 67. All sidewalks and curb and gutters bordering the project shall be repaired and/or removed and replaced in compliance with Public Works approved standards. Sec. 12.08.010. 68. All unused driveways shall be removed and replaced with curb and gutter. Sec. 12.08.090. 69. The Public Works Inspector shall sign off the building permit prior to the finalization of this permit. All off-site improvements shall be finished prior to this sign-off. Similarly, all as-builts, on-site grading, drainage and post- developments BMP’s shall be completed prior to sign-off. 70. A curb ramp for the disabled will be required at the corner of Monroe Dr. and El Camino Real. 22 71. Subdivision Agreement is required to secure compliance with condition of approval and security of improvements onsite and offsite. No grading or building permits will be issued until Final or Parcel Map is recorded with County Recorder. 72. The applicant shall arrange a meeting with Public Works Engineering, Utilities Engineering, Planning, Fire, and Transportation Departments after approval of this map and prior to submitting the improvement plans. These improvement plans must be completed and approved by the City prior to submittal of a parcel or final map. 73. The project subdivision includes significant complexity involving, final map and coordination of infrastructure design and construction. Developer shall appoint a Project Manager to coordinate with City, Public Works and Utility, engineering staff. Public Works will conduct daily and longer term communication with appointed project manager in order to facilitate timely review and approval of design and construction matters. 74. All construction within the City right-of-way, easements or other property under City's jurisdiction shall conform to standard specifications of the Public Works and Utility Department. Sec. 12.08.060. 75. The subdivider shall post a bond prior to the recording of the final parcel or subdivision map to guarantee the completion of the “on” and “off” site condition(s) of approval. The amount of the bond shall be determined by the Planning, Utilities and Public Works Departments. Water Quality Control 76.Drain plumbing for parking garage floor drains must be connected to an oil/water separator with a minimum capacity of 100 gallons, and to the sanitary sewer system 77.New dumpster areas shall be covered. The area shall be designed to prevent water run-on to the area and run-off from the area 78.Condensate lines shall not be connected or allowed to drain to the storm drain system. 79. Residential buildings with 25 or more units provide a 23 covered carwash area for vehicle washing by residents. The carwash area is required to drain to an oil/water separator with a minimum capacity of 100 gallons, and to the sanitary sewer. 80.Copper roofing materials. On and after January 1, 2003, copper metal roofing, copper granule containing asphalt shingles and copper gutters shall not be permitted for use on any residential, commercial or industrial building for which a building permit is required. Copper flashing for use under tiles or slates and small copper ornaments are exempt from this prohibition. Replacement roofing and gutters on historic structures are exempt, provided that the roofing material used shall be prepatinated at the factory. For the purposes of this exemption, the definition of “historic” shall be limited to structures designated as Category 1 or Category 2 buildings in the current edition of the Palo Alto Historical and Architectural Resources Report and Inventory. 81.Newly constructed or improved buildings with all or a portion of the space with undesignated tenants or future use will need to meet all requirements that would have been applicable during design and construction. If such undesignated retail space becomes a food service facility the following requirements must be met: 82. Grease Control Device (GCD) Requirements, PAMC Section 16.09.103(a) & cited Bldg/Plumbing Codes: 1.The plans shall specify the manufacturer details and installation details of all proposed GCDs. (CBC 1009.2) 2.GCD(s) shall be sized in accordance with the 2007 California Plumbing Code. 3.GCD(s) shall be installed with a minimum capacity of 500 gallons. 4.GCD sizing calculations shall be included on the plans. See a sizing calculation example below. 5.The size of all GCDs installed shall be equal to or larger than what is specified on the plans. 6.GCDs larger than 50 gallons (100 pounds) shall not be installed in food preparation and storage areas. Santa Clara County Department of Environmental Health prefers GCDs to be installed outside. GCDs shall be installed such that all access points or manholes are readily accessible for inspection, cleaning and removal of all contents. GCDs located outdoors shall be installed in such a manner so as to exclude the entrance of surface and stormwater. (CPC 1009.5) 24 7.All large, in-ground interceptors shall have a minimum of three manholes to allow visibility of each inlet piping, baffle (divider) wall, baffle piping and outlet piping. The plans shall clearly indicate the number of proposed manholes on the GCD. The Environmental Compliance Division of Public Works Department may authorize variances which allow GCDs with less than three manholes due to manufacture available options or adequate visibility. 8.Sample boxes shall be installed downstream of all GCDs. 9.All GCDs shall be fitted with relief vent(s). (CPC 1002.2 & 1004) 10.GCD(s) installed in vehicle traffic areas shall be rated and indicated on plans. 83.Drainage Fixture Requirements, PAMC Section 16.09.106(c) & cited Bldg/Plumbing Codes: 1.To ensure all FSE drainage fixtures are connected to the correct drain lines, each drainage fixture shall be clearly labeled on the plans. A list of all fixtures and their discharge connection, i.e. sanitary sewer or grease waste line, shall be included on the plans. 2.A list indicating all connections to each proposed GCD shall be included on the plans. This can be incorporated into the sizing calculation. 3.All grease generating drainage fixtures shall connect to a GCD. These include but are not limited to: a.Pre-rinse (scullery) sinks (direct connection) b.Three compartment sinks (pot sinks) (direct connection) c.Drainage fixtures in dishwashing room except for dishwashers shall connect to a GCD (direct connection) i.Examples: trough drains (small drains prior to entering a dishwasher),small drains on busing counters adjacent to pre-rinse sinks or silverware soaking sinks d. Floor drains in dishwashing area and kitchens e. Prep sinks (indirect connection) f. Mop (janitor) sinks g. Outside areas designated for equipment washing shall be covered and any drains contained therein shall connect to a GCD. h. Drains in trash/recycling enclosures i. Wok stoves, rotisserie ovens/broilers or other grease generating cooking equipment with drip lines (indirect connection) j. Kettles and tilt/braising pans and associated floor drains/sinks 25 4.The connection of any high temperature discharge lines and non-grease generating drainage fixtures to a GCD is prohibited. The following shall not be connected to a GCD: a. Dishwashers (direct connection) b. Steamers (indirect connection) c. Pasta cookers (indirect connection) d. Hot lines from buffet counters and kitchens (indirect connection) e. Hand sinks (direct connection) f. Ice machine drip lines (indirect connection) g. Soda machine drip lines (indirect connection) h. Drainage lines in bar areas (indirect connection) 5.No garbage disposers (grinders) shall be installed in a FSE. (PAMC 16.09.103(e)) 6.Plumbing lines shall not be installed above any cooking, food preparation and storage areas. 7.Each drainage fixture discharging into a GCD shall be individually trapped and vented. (CPC 1014.5) 84.Covered Dumpsters, Recycling and Tallow Bin Areas PAMC, 16.09.032b(16): 1.New buildings constructed to house FSEs shall include a covered area for all dumpsters, bins, carts or container used for the collection of trash, recycling, food scraps and waste cooking fats, oils and grease (FOG) or tallow. 2.The area shall be designed and shown on plans to prevent water run-on to the area and runoff from the area. 3.Drains that are installed within the enclosure for recycle and waste bins, dumpsters and tallow bins serving FSEs are optional. Any such drain installed shall be connected to a GCD. 4.If tallow is to be stored outside then an adequately sized, segregated space for a tallow bin shall be included in the covered area. 85. FSEs shall have a sink or other area drain which is connected to a GCD and large enough for cleaning the largest kitchen equipment such as floor mats, containers, carts, etc. Recommendation: Generally, sinks or cleaning areas larger than a typical mop/janitor sink are more useful. Utilities Engineering 26 86 The applicant shall comply with all the Electric Utility Engineering Department service requirements noted during plan review. 87.The Permittee shall be responsible for identification and location of all utilities, both public and private, within the work area. Prior to any excavation work at the site, the Permittee shall contact Underground Service Alert (USA) at 1- 800-227-2600, at least 48 hours prior to beginning work. 88.The Applicant shall submit a request to disconnect all existing utility services and/or meters including a signed affidavit of vacancy, on the form provided by the Building Inspection Division. Utilities will be disconnected or removed within 10 working days after receipt of request. The demolition permit will be issued after all utility services and/or meters have been disconnected and removed. 89.A completed Electric Load Sheet and a full set of plans must be included with all building permit applications involving electrical work. The load sheet must be included with the preliminary submittal. 90.Industrial and large commercial customers must allow sufficient lead-time for Electric Utility Engineering and Operations (typically 8-12 weeks after advance engineering fees have been paid) to design and construct the electric service requested. 91. Only one electric service lateral is permitted per parcel. Utilities Rule & Regulation #18. 92. This project requires three(3) padmount transformers and one (1) padmount switch location unless otherwise approved in writing by the Electrical Engineering Department. The location of the padmount transformers and switch shall be shown on the site plan and approved by the Utilities Department and the Architectural Review Board. Utilities Rule & Regulations #3 & #16. 93.The developer/owner shall provide space for installing padmount equipment (i.e. transformers, switches, and interrupters) and associated substructure as required by the City. In addition, the owner shall grant a Public Utilities Easement for facilities installed on private property as required by the City. 94. The customer shall install all electrical substructures (conduits, boxes and pads) required from the service point to 27 the customer’s switchgear. The design and installation shall be according to the City standards and shown on plans. Utilities Rule & Regulations #16 & #18. 95. Location of the electric panel/switchboard shall be shown on the site plan and approved by the Architectural Review Board and Utilities Department. 96. All utility meters, lines, transformers, backflow preventers, and any other required equipment shall be shown on the landscape and irrigation plans and shall show that no conflict will occur between the utilities and landscape materials. In addition, all aboveground equipment shall be screened in a manner that is consistent with the building design and setback requirements. 97. For services larger than 1600 amps, the customer will be required to provide a transition cabinet as the interconnection point between the utility’s padmount transformer and the customer’s main switchgear. The cabinet design drawings must be submitted to the Electric Utility Engineering Department for review and approval. 98. The customer is responsible for sizing the service conductors and other required equipment according to the National Electric Code requirements and the City standards. Utilities Rule & Regulation #18. 99. If the customer’s total load exceeds 2500kVA, service shall be provided at the primary voltage of 12,470 volts and the customer shall provide the high voltage switchgear and transformers. Utilities Rule & Regulation #3. 100. Projects that require the extension of high voltage primary distribution lines or reinforcement of offsite electric facilities will be at the customer’s expense and must be coordinated with the Electric Utility. . 101.Any additional facilities and services requested by the Applicant that are beyond what the utility deems standard facilities will be subject to Special Facilities charges. The Special Facilities charges include the cost of installing the additional facilities as well as the cost of ownership. Utilities Rule & Regulation #20. 102.Only one electric service lateral is permitted per parcel. Utilities Rule & Regulation #18-D(2). 103.The developer owner shall provide space for installing padmount equipment and associated substructure as required 28 by the City. In addition, the owner shall grant a Public Utilities Easement for facilities installed within the subdivision as required by the City. 104.The civil drawings must show all existing and proposed electrical facilities (i.e. conduits, boxes, pads, services, and streetlights) as well as other utilities. 105.The developer/owner is responsible for all substructure installations (conduits, boxes, pads, streetlight system, etc.) on the subdivision final map. The design and installation shall be according to the City standards and all work must be inspected and approved by the Electrical Underground Inspector. Rule & Regulation #16-A(2). 106.The developer/owner is responsible for all underground services (conduits and conductors) to single-family homes within the subdivision. All work requires inspection and approval form both the Building Department and the Electrical Underground Inspector. 107.The tentative parcel map shall show all required easements as requested by the City. Utilities Water, Gas & Wastewater PRIOR TO ISSUANCE OF DEMOLITION PERMIT 103. Prior to demolition, the applicant shall schedule the WGW utilities field inspector at 650/566-4503 to visit the site and review the existing water/wastewater fixtures to determine the capacity fee credit for the existing load. If the applicant does not schedule this inspection, they may not receive credit for the existing water/wastewater fixtures. 104. The applicant shall submit a request to disconnect all utility services and/or meters including a signed affidavit of vacancy. Utilities will be disconnected or removed within 10 working days after receipt of request. The demolition permit will be issued by the building inspection division after all utility services and/or meters have been disconnected and removed. PRIOR TO WGW BUILDING PERMIT APPROVAL 105.The applicant shall submit a completed water-gas-wastewater service connection application -load sheet for City of Palo Alto Utilities. The applicant must provide all the 29 information requested for utility service demands (water in fixture units/g.p.m., gas in b.t.u.p.h, and sewer in fixture units/g.p.d.). Utility applications/Load sheets or preliminary loads need to be submitted early in the process so utilities can review the impact on existing WGW mains. 106. The applicant shall submit improvement plans for utility construction. The plans must show the size and location of all underground utilities within the development and the public right of way including meters, backflow preventers, fire service requirements, sewer mains, sewer cleanouts, sewer lift stations and any other required utilities. A looped water system is required to construct this project. The applicant is required to install a new section of 8” water main from Miller Ave to Wilkie Way. 107. Utility vaults, transformers, utility cabinets, concrete bases, or other structures can not be placed over existing water, gas or wastewater mains/services. Maintain 1’ horizontal clear separation from the vault/cabinet/concrete base to existing utilities as found in the field. If there is a conflict with existing utilities, Cabinets/vaults/bases shall be relocated from the plan location as needed to meet field conditions. 108.The applicant must show on the site plan the existence of any water well, or auxiliary water supply (reclaimed water, gray water, etc.). 109. The applicant shall be responsible for installing and upgrading the existing utility services and/or mains as necessary to handle anticipated peak loads. This responsibility includes all costs associated with the design and construction for the installation/upgrade of the utility services and/or mains. 110. Sewer drainage piping serving fixtures located below the next upstream sewer main manhole cover shall be protected by an approved backwater valve per California Plumbing Code 710.0. The upstream sewer main manhole rim elevation shall be shown on the plans. 111. Flushing of the fire system to sanitary sewer shall not exceed 30 GPM. Higher flushing rates shall be diverted to a detention tank to achieve the 30 GPM flow to sewer. 112. Sewage ejector pumps shall meet the following conditions: 30 1.The pump(s) be limited to a total 100 GPM capacity or less. 2.The sewage line changes to a gravity flow line at least 20’ upstream of the City clean out. 3.The tank and float is set up such that the pump run time not exceed 20 seconds each cycle. 113. The applicant's engineer shall submit flow calculations and system capacity study showing that the on-site and off- site water and sanitary sewer mains and services will provide the domestic, irrigation, fire flows, and wastewater capacity needed to service the development and adjacent properties during anticipated peak flow demands. Field testing may be required to determined current flows and water pressures on existing water main. Calculations must be signed and stamped by a registered civil engineer. The applicant may be required to perform, at his/her expense, a flow monitoring study of the existing sewer main to determine the remaining capacity. The report must include existing peak flows or depth of flow based on a minimum monitoring period of seven continuous days or as determined by the senior wastewater engineer. The study shall meet the requirements and the approval of the WGW engineering section. No downstream overloading of existing sewer main will be permitted. 114. Existing wastewater laterals that are not plastic (ABS, PVC, or PE) shall be replaced at the applicant’s expense. 115. Each place of business shall have its own water and gas meter shown on the plans. Each parcel shall have its own water, gas and wastewater services. 116. A separate water meter and backflow preventer shall be installed to irrigate the approved landscape plan. Show the location of the irrigation meter on the plans. This meter shall be designated as an irrigation account an no other water service will be billed on the account. The irrigation and landscape plans submitted with the application for a grading or building permit shall conform to the City of Palo Alto water efficiency standards. 117. An approved reduce pressure principle assembly (RPPA backflow preventer device) shall be installed for all existing and new water connections from Palo Alto Utilities to comply with requirements of California administrative code, title 17, sections 7583 through 7605 inclusive. The RPPA shall be installed on the owner's property and directly behind the water meter. Show the location of the RPPA on the Page 31 plans. Inspection by the utilities cross connection inspector is required for the supply pipe between the meter and the assembly. 118. An approved double detector check valve shall be installed for the existing or new water connections for the fire system to comply with requirements of California administrative code, title 17, sections 7583 through 7605 inclusive (if the applicant intends to have an alternate source of water available for irrigation or toilet flushing, i.e. reclaimed water or gray water, an approved reduced pressure detector assembly will be required for the fire service). Double check detector check valves shall be installed on the owner's property adjacent to the property line. Show the location of the double detector check assembly on the plans. Inspection by the utilities cross connection inspector is required for the supply pipe between the City connection and the assembly. 119. A new gas service line installation is required. Show the new gas meter location on the plans. The gas meter location must conform with utilities standard details. 120. All existing water and wastewater services that will not be reused shall be abandoned at the main per WGW utilties procedures. 121. All utility installations shall be in accordance with the City of Palo Alto utility standards for water, gas & wastewater. 122. The applicant shall obtain an encroachment permit from Caltrans for any utility work in the El Camino Real right- of-way. The applicant must provide a copy of the permit to the WGW engineering section. 123. The applicant shall pay the capacity fees and connection fees associated with the installation of the new utility service/s to be installed by the City of Palo Alto Utilities. The approved relocation of services, meters, hydrants, or other facilities will be performed at the cost of the person/entity requesting the relocation. SECTION 6.Term of Approval. Site and Design Approval. In the event actual construction of the project is not commenced within two years of the date of council approval, the approval shall expire and be of no further force or effect, pursuant to Palo Alto Municipal Code Section 18.82.080. Page 32 PASSED: 7-2 AYES:Barton, Drekmeier, Schmid, Yeh,Espinoza,Burt, Klein NOES:Kishimoto,Morton ABSENT: ABSTENTIONS: ATTEST:APPROVED: _____________________________________________________ City Clerk Director of Planning and Community Environment APPROVED AS TO FORM: ___________________________ Assistant City Attorney City of Palo Alto (ID # 2260) City Council Staff Report Report Type: Consent Calendar Meeting Date: 11/21/2011 November 21, 2011 Page 1 of 3 (ID # 2260) Summary Title: Percent for Art Policy Title: Clarification of Percent for Art Policy in Municipal Projects From:City Manager Lead Department: Community Services Recommendation The Policy and Services Committee and the Public Art Commission recommend that Council approve minor changes to the existing One Percent for Art policy (Attachment B). Background The City of Palo Alto introduced the current Percent for Art Policy in September 2005 (CMR:309:05), which designated one percent (1%) of the construction budget in all municipal projects for the acquisition of artwork. The Public Art Commission, through the Division of Arts & Sciences, manages and oversees the art selection and completion of these projects. However, staff realized that due to the vague nature of the existing policy language, a number of projects were being “self-exempted” from the policy by the construction or design project managers without the input or concurrence of the Division of Arts & Science or the Public Art Commission. On July 12, 2011, staff recommended edits to the existing policy to the Policy and Services Committee (Attachment C). The purpose of the edits was to clarify the process by which a project manager may receive an exemption from the policy, notify the Public Art Commission about a Percent for Art project opportunity early in the planning stages, and ensure that accommodations are made for the protection of existing artworks at a given project site. At the July meeting, the Policy and Services Committee requested staff return with further clarification of language regarding which projects qualify for a percent for art; a dollar threshold at which the policy applies to a project; and the sign-off procedure. The attached edits were November 21, 2011 Page 2 of 3 (ID # 2260) unanimously approved by Policy and Services at its September 13, 2011, regular meeting. Discussion The Public Art Commission sees the recommended changes as essential to the successful management of the existing percent for art program. These minor changes to the policy language will ensure that the development of the artwork can begin early in the planning stages, rather than appear as an afterthought once the project is in the latter stages of design. Separate to the changes presented at this time, in joint meetings between the Public Art Commission and City Council, individual Council members have inquired about a percent for art policy for private developments. Staff is in the process of researching percent for art policies in other similar communities and will return with a recommendation within the next year once the following items have been taken into consideration: ·The slight increase in workload to manage the existing percent for art projects once the recommended changed take effect to the policy. ·The already increased demand for staff time in undertaking the aggressive public art maintenance program that was initiated this year (General Fund allocation). ·Evaluating the existing development fees for private developers and determining the right percentage, in-lieu fee and dollar threshold. ·Studying the history of the City of Menlo Park’s Percent for Art policy to ensure that Palo Alto can avoid some of its serious missteps in implementing a program that included private projects. ·Determine if it might make more sense to pilot the percent for art in private developments as an optional or voluntary program initially. Resource Impact The recommended policy changes will not increase project costs more than the one percent of construction costs allowable by the Percent for Art policy, but is expected to slightly increase the number of Percent for Art projects and the funds available for public art in Palo Alto. Policy Implications This process is consistent with policy G-2 of the Governance section, “Use advisory bodies and ad hoc committees to assist City staff and the City November 21, 2011 Page 3 of 3 (ID # 2260) Council on policy issues”. The expansion of art exhibitions into the public realm is consistent with Community Services section policy C-23, “Explore a way to expand the space available to the community for art exhibitions, classes and other cultural activities.” Attachments: ·Attachment A -1952 (PDF) ·Attachment B-Percent for Art Policy edits -final appvd (DOC) ·Attachment C -EXCERPT Minutes P&S (DOC) Prepared By:Elise DeMarzo, Department Head:Greg Betts, Director, Community Services City Manager Approval: James Keene, City Manager POLICY AND PROCEDURES 1-45/CSD Effective: September 2011 ART IN CITY CAPITAL IMPROVEMENT PROJECTS POLICY STATEMENT As a policy the City will budget one percent (1%) of its construction costs to include public art for City capital improvement projects that have an external visual impact on the surrounding environment by altering a site through new construction or reconstruction. The Public Art Commission, through its staff liaison, will work with the appropriate City departments (which may include but are not limited to Planning, Public Works, Utilities, and Community Services) to identify and select the appropriate projects and artists. PROJECTS INCLUDED AS POTENTIAL SITES City capital improvement projects that have a visual impact on the surrounding environment by significantly changing or altering a site with the addition of new construction or reconstruction are potential sites for an art component or architectural enhancement. Contact the Public Art Commission office early in the design phase to initiate the public art process. Examples of projects may include but are not limited to: • New buildings such as libraries, public safety buildings, community centers, parking garages and lots, transit stations, or performing art center, new restrooms or small structures. • Parks, medians and plazas • Gateways entering and existing at the City boundaries • Bridges, walls and tunnels PROJECTS EXCLUDED FROM CONSIDERATION AS POTENTIAL SITES City capital improvement projects with minor or no visual impact are excluded from consideration. To receive an exemption to the Percent for Art policy, contact the Public Art Commission office during the design phase to obtain written confirmation to the project manager that the project (or portions thereof) is exempt. Examples of excluded projects may include but are not limited to: • Any improvements, upgrades, and/or repair to existing systems such as irrigation, mechanical or electrical, and projects where the significant portion of the work is placed in underground locations, such as the Electric Utility undergrounding projects and the Water Utility, Gas Utility or Wastewater Utility rehabilitation and augmentation projects. • Any installation of a new system such as irrigation, mechanical or electrical, and projects where the significant portion of the work is placed in underground locations, such as storm drain,electric underground projects,and water, gas or wastewater rehabilitation and augmentations projects. • Projects with no design or construction, such as studies associated with capital projects. • Customer connection projects associated with the utility meters and equipment for electric, water, and gas services to customers for which customers are charged for the services. It is not the intention of the procedure to cause an increase in connection fees to customers. ·Replacement in-kind due to maintenance of roofing, heating systems or painting. Projects that include grant funding from other agencies Page 1 of 3 POLICY AND PROCEDURES 1-45/CSD Effective: September 2011. Formatted:Indent:Left:0.25", Hanging:0.25" Formatted:Indent:First line:0" Formatted:Bulleted +Level:1 + Aligned at:0.54"+Tab after:0.79" +Indent at:0.79" Formatted:Font:13 pt,Font color: Auto Deleted: 2005 Deleted: a substantial Deleted: the Deleted: ing Deleted: for ¶¶ Page 1 of 3 POLICY AND PROCEDURES 1-45/CSD Effective: September 2005 ¶ • Projects designed and constructed to protect and guard the security of City Utility facilities. • Projects associated with software, hardware and other IT related products. • ADA compliance • Seismic retrofitting • Open space maintenance projects such as trail and erosion repair • Parking lot repair or reconstruction • Annual street maintenance and sidewalk replacement projects • Any project of a temporary nature such as construction fencing and signage, vehicle or equipment replacement. • Projects for which funding is provided through government, non-profit, or private grants are excluded unless identified for the specific and restricted purpose of the creation of artwork PROCEDURE FOR IDENTIFYING AND SELECTING PROJECTS A. Project Managers, the staff liaison to the Public Art Commission and appropriate City departments will first identify projects over $200,000 that have a visual impact on the surrounding environment, significantly changing or altering a site with the addition of new construction. B. Identified projects that merit further consideration will be presented to the Public Art Commission. Consideration will include, but not be limited to: • Significant visual impact on the surrounding environment • Safety and security of the project and the public ·Maintenance costs over time C. Projects selected to include public art and submitted during the regular budget process will include one percent (1%) of the project construction budget for art. The project manager will determine the one percent budget derived from the construction estimates, excluding the contingency and design budget. The one percent (1%) will be based on the initial CIP budget and adjusted if the CIP budget is later increased through the annual budget process. If the CIP budget is later decreased, the art contract shall be adjusted as much as allowed depending upon the status of the art design and/or fabrication. Establishing a budget at the initial creation of the CIP allows the artist to be hired at an early stage of design so that the art can be better incorporated with the design. D. The Finance Committee will review and recommend to the City Council the financing of any public art element in any Infrastructure Management project costing over $20 million. E. Every effort should be made to identify and select projects in a timely manner. PROCEDURE FOR IDENTIFYING AND SELECTING ART WORKS Once the City Council has approved the Capital Improvement Project (CIP), the designer/architect is selected by the City's Project Team and purchasing staff. When the Page 2 of 3 POLICY AND PROCEDURES 1-45/CSD Effective: September 2011 Page 3 of 3 Formatted:Bullets and Numbering Deleted: mers. Deleted: The Deleted: working with the Infrastructure Management Committee Deleted: substantial Deleted: augmented or decreased duringthe design phase with the determination of final cost estimates for construction. Deleted: and all projects that may impact the General Fund Deleted: 05 design work for the project has begun, the staff liaison to the Public Art Commission and the Project Manager will develop the RFP for the artwork in consultation with the selected designer/architect. The art budget will be derived from the 1% of the construction budget of the project, excluding the contingency and design budget. The one percent (1%) will be subject to change during the design phase with the determination of final cost estimates for construction. The RFP will include, but not be limited to: • Artist’s timeline beginning with the project design phase. • Any restrictions and requirements of the project as defined by staff and/or project manager. • Artist’s responsibilities to the project in regards to time and involvement with the project manager and project team. A. Selection of the artist will include input from the appropriate City department representative as well as the Public Art Commission. Selection of the artist will occur according to the procedures outlined in the City's Purchasing Manual. B. Artists’ submittals will be reviewed by a selection panel composed of representatives of the Public Art Commission, staff liaison to the Public Art Commission, appropriate City department representative, project manager, and architect/designer. Considerations in selecting the proposed work of art will include: • Safety and security • Maintenance and repair to the work of art • Appropriateness to the purpose of the site . C. The Public Art Commission will recommend the selected artist and artist’s proposal to the City with the concurrence of the Director of Community Services. D. The selected artist will work with the appropriate department(s) and project manager as noted in the RFP and contract. E. Every effort should be made to conduct the artist selection and contract process in a timely manner to optimize coordination during the construction phase. OWNERSHIP AND MAINTENANCE The City of Palo Alto owns and maintains all art in City projects and has sole fiscal and legal responsibility for the artworks and the maintenance of the works. This includes all artworks in utility projects, separate from the structures. It is mandatory that project managers with existing art, including murals, sculpture or land art, within their project site or within 100 feet of their project site contact the Public Art Commission office immediately to insure the proper legal procedures are followed for the protection of the artwork.A comprehensive inventory of all art shall be maintained and updated by the City and made available for review. NOTE: Questions and/or clarification of this policy should be directed to the Public Art Commission Liaison with the Community Services Department. Deleted: contract . Deleted: EXCERPT POLICY AND SERVICES COMMITTEE Regular Meeting September 13, 2011 Roll Call Chairperson Price called the meeting to order at 7:34 p.m. in the Council Conference Room, 250 Hamilton Avenue, Palo Alto, California. Present: Burt, Klein, Holman, Price (Chair) Absent: 1. Oral Communications None Agenda Items 2. Capital Projects Percent for Art Policy Exemption and Planning Procedures. Management Specialist, Elise DeMarzo stated Staff brought this item to the Policy and Services Committee (P&S) on July 12, 2011 for discussion. The item was being revisited and P&S requested to refine the policy language. Contained in the Committee Members’ packets were the edits submitted from the first visit along with the second set of edits, which were minimal. The Committee asked to incorporate language regarding architectural elements. The word “substantial” was deleted from “substantial new construction” and a $200,000 dollar amount threshold was added to identify when the Percent for Art Policy should go into effect. Edits to the policy were reviewed by the Committee for acceptance and approval. MOTION: Council Member Klein moved, seconded by Council Member Burt, that the Policy and Services Committee recommend that the language in the Percent for Art Policy be expanded and clarified to clearly state that project managers for all projects with any visual impact and a construction budget over $200,000 must contact the Public Art Commission Liaison to determine whether or not a project is exempt from the policy. Council Member Klein stated he agreed to the language change made to the policy and asked Ms. DeMarzo if she was familiar with the copyright issue. Ms. DeMarzo said she was familiar with the issue and it would not hinder moving forward. Council Member Burt stated he was in agreement with the language revision. Council Member Holman stated the Public Art Commission (PAC) was the only Commission that did not have a reporting mechanism to the Council and asked to discuss the issue. Council Member Klein stated the issue was not agendized and could not be discussed at this evening’s meeting. AMENDMENT: Council Member Holman moved, seconded by Council Member XXX to agendize the consideration of a reporting mechanism for projects to the City Council. AMENDMENT FAILED DUE TO THE LACK OF A SECOND Ms. DeMarzo stated that projects $80,000 and above needed the Council’s approval. Council Member Klein asked if she was referring to all of the Public Art Commission’s work. Council Member Holman said she thought the threshold was less than $80,000. Council Member Burt asked if Council Member Holman was referring to all public artwork or City projects. Council Member Holman stated she was referring to all City artwork and wanted to have a discussion regarding the threshold and criteria for bringing artwork projects before the Council. Chair Price asked how the Council was informed on the projects as they moved forward. Ms. DeMarzo stated it was done on a case-by-case basis. She said projects $80,000 and above required the Council’s approval. Information that pertained to a project was forwarded to Director of Community Services Division (CSD) and forwarded to the City Manager regarding status of the project and who was under contract for the project. A Staff Report was generated on high profile artwork such as the California Avenue Fountain for the Council to review. Chair Price asked Council Member Holman to clarify her Amendment. Council Member Holman stated she withdrew her Amendment because it needed to be under a separate discussion. MOTION PASSED 4-0. EXCERPT Policy and Services Meeting July 12,2011 3. Capital Projects Percent for Art Policy Exemption and Planning Procedures Management Specialist for the Community Services Department and Staff Liaison to the Public Art Commission (PAC), Elise DeMarzo stated that Staff would like to tighten up the City’s Percent for Art policy, applicable only to municipal projects, to make it more difficult for projects to be self-exempted. She stated that this proposal would encourage more cohesive and successful public arts projects by setting in place procedures to allow qualifying projects to be identified sooner and artists to be brought in earlier in the process. Ms. DeMarzo explained that the second part of the proposal, which states that the PAC must be notified when an art project is initiated at a location at which there is an existing piece of public art, would allow the PAC the opportunity to ensure the safety of the existing art work. City Manager, James Keene stated that the proposed changes were logical and that their resource impact was limited to extending oversight to the PAC for issues that were previously resolved at a Staff level. Council Member Price asked whether the proposal was a reaction to problems that Staff had experienced in the past. Ms. DeMarzo replied that it was. Council Member Klein inquired as to how the proposed increase in the number of Percent for Art projects and in the amount available for public art would be achieved. Ms. DeMarzo explained that a number of projects had been deemed exempt by the project managers, and as such were not reviewed by the PAC. She stated that under the proposed changes, the PAC would have the opportunity to review all projects to determine whether a Percent for Art element is warranted. Council Member Klein inquired as to the current procedure for self- exemption. Ms. DeMarzo replied that there had been a number of projects in the past which, although they represented a significant visual impact, went rather far along in the process without PAC participation. She stated that the Commissioners had expressed concern as to why these projects were not presented for review. Council Member Klein stated that there weren’t many projects that would qualify for the Percent for Art program, and inquired as to which projects would qualify. Mr. Keene replied that the Art Center was the project that prompted the proposed policy change. Council Member Klein inquired as to the details of the Art Center project. Ms. DeMarzo stated that the Art Center project had been adjusted to include a Percent for Art. Mr. Keene explained that at some point during the review and design process the Project Manager for the Art Center Project had decided not to place a piece of art at the site. Director of the Community Services Department, Greg Betts explained that the Project Manager had determined that the Project constituted a minor improvement to an existing building and did not thoroughly consider either the extent or the dollar amount of the improvements. Mr. Betts explained that the project classification was determined without consultation with the PAC. He stated that the current policy of allowing individual Project Managers to determine whether their projects represent a visual impact had resulted in inconsistencies in the application of the Percent for Art program, and that the proposal to amend that policy had received support from both the Utilities Department and the Public Works Department. Council Member Klein inquired as to the criteria for determining whether a particular project would qualify for the Percent for Art program. He stated that he was concerned that it would be in the best interest of the PAC to favor participation in the Program. Ms. DeMarzo replied that only projects with a significant visual impact would qualify, and that projects such as irrigation installation, replacement in kind, re-roofing or any work conducted below ground would not qualify. Council Member Klein asked what procedures could be put in place to prevent the PAC from being inundated with requests and the Council from being overwhelmed with appeals. Ms. DeMarzo stated that a very small percentage of projects warrant Percent for Art participation. Council Member Holman stated that the current criteria listed in the Percent for Art Exemption and Planning Procedures is extremely contradictory. She expressed concern regarding the fact that the document does not recognize architectural design as an artistic element and noted the difficulty in adding art to small buildings such as pump houses. Ms. DeMarzo stated that in her experience the architects who are artistically inclined are very willing to work with artists to incorporate artwork into their designs. For instance, she explained that the architect for the Mitchell Park Library and Community Center has been very open to working with artists. Council Member Holman replied that she is more concerned about the smaller projects, where there is a much smaller opportunity for collaboration between the architect and artist. Ms. DeMarzo stated that in those instances, the PAC may determine that there is no need for artistic intervention. Council Member Holman stated, as an example, that it may be preferable to densely landscape medians rather than to add artwork to them. Ms. DeMarzo agreed. She explained that the PAC could decide that a single piece of artwork on one strategically located median may be sufficient or that artwork would be a traffic hazard, but emphasized that the PAC needs to have the opportunity to consider all scenarios. Council Member Holman asked Ms. DeMarzo if she had any suggestions on how to resolve the conflict in the criteria language. She stated that in one place the language clearly defines visual impact as “any project that significantly changes or alters a site with the addition of a substantial new construction or reconstruction,” but notes that in another section “new restrooms and small structures”are used as examples of qualifying projects. Council Member Holman asserted that in her opinion new restrooms and small structures do not qualify as substantial new construction. Chair Price stated that small structures could be interpreted in a variety of ways, and that she was satisfied with the language as written. Council Member Holman stated that her interpretation of “significant changes”and “substantial construction” would be a project like the Art Center or a new parking garage. Chair Price stated that she did not want to see the language become too rigid or prescriptive. Council Member Holman agreed that the language should not become too prescriptive,but stated that she would like to see the conflicting sections revised. Chair Price stated that the language allows for a certain amount of interpretation, but asserted that the inclusion of both sections would offer the PAC and Staff greater flexibility. Mr. Betts stated that he understood Council Member Holman’s concerns, and assured the Committee that the potential conflict had never presented problems for the PAC in determining participation in the Percent for Art program. Council Member Holman added that she would like to see the community embrace artistic paving treatments. Chair Price asked whether Council Member Holman would like to suggest that the Committee add paving treatments to the list of qualifying projects. Council Member Holman stated that she did not want to propose a language amendment, but that she would like the PAC to consider different alternatives for increasing artistic value such as paving and concrete treatments. Ms. DeMarzo stated that such treatments could be considered in the design of a larger project that included paving or concrete elements. Council Member Holman replied that smaller projects could benefit also. Ms. DeMarzo thanked Council Member Holman for her suggestion. Council Member Burt agreed with Council Member Holman’s identification of contradictory language. He suggested that in the case of smaller structures, perhaps the City should consider architecture as an art element and advocate for more artistic designs. He remarked that he would like to see the document specifically reference architectural design. Ms. DeMarzo stated that the PAC is very interested in pursuing functional art projects. Council Member Holman expressed disappointment with the minimal, utilitarian design of some of the bridges over local creeks. She stated that she would like to see the PAC become more proactive in pursuing projects with that type of art application. Ms. DeMarzo stated that the PAC has already identified several similar areas which they believe could benefit from artistic treatments. She explained that Staff’s proposal would be a way to ensure the inclusion of artistic elements in all applicable future projects. Mr. Betts suggested several areas of the document that could be amended to include the addition of architectural enhancements. Council Member Holman stated that she was happy with the additions. Council Member Klein directed the Committee to page 38, Item D, of the document and suggested that the language be amended to omit “all projects that include the General Fund.” He stated that the language was unnecessary, as all projects other than utility projects affect the General Fund to some degree. He also suggested that the language include a dollar amount past which all projects are assumed to be eligible for the program, unless granted exemption by the City Manager. Mr. Betts agreed with Council Member Klein’s suggestion of setting a monetary threshold, and stated that $100,000.00 is currently used as a threshold for determining whether projects are subject to the Percent for Art program. Council Member Burt observed that under the current program the $100,000 threshold would produce $1,000 for art, which he stated could easily be expended throughout the course of the process. Council Member Burt suggested that perhaps the threshold was too low, and that with a higher threshold there would be a greater likelihood that the art revenue would overshadow the process costs. Council Member Klein agreed and suggested that perhaps $250,000 would be a more adequate threshold. Chair Price stated that less costly artistic elements could be added, while still increasing the artistic value of a project. She commented that there was an inherent difficulty in assigning monetary values to architectural elements. She stated that she would oppose raising the monetary threshold due to the fact that artists often have creative and cost effective ways of adding art. Council Member Burt stated that the issue is not whether $1,000 can provide for some type of art, but whether the City would spend an additional $1,000 in process. Chair Price stated that it would be stunning if it truly cost $1,000 in Staff time to accomplish that objective. Council Member Holman stated that she had recently discovered that the artists who maintain art studios at the Cubberly Artists Studio are required to donate a piece of art to the City. She asked whether the PAC had considered utilizing their art in smaller scale projects. Ms. DeMarzo replied that the most likely scenario in which that would occur would be a situation in which one of the artists led a student mural project to adorn the side of a smaller facility. She stated that there could be opportunities to pursue such a project in the future with one of the Cubberly artists. Council Member Holman inquired as to whether the PAC had previously considered that type of project. Ms. DeMarzo replied that the PAC had not recently had many of those types of opportunities, but that there has been a great deal of discussion about increasing youth participation in collaborative and mural projects. Council Member Holman stated that while she appreciates murals, something as simple as painting a quote on a wall in one of the City’s many alleyways could add significant artistic value. Council Member Klein expressed concern that this Item would provide the PAC the authority to increase the budget of the City’s projects by 1%, an authority not granted to any other PAC. He stated that due to the volume of concerns regarding this issue,he would like to see the Item continued. MOTION: Council Member Klein moved, seconded by Council Member Holman, to continue the Item. Council Member Klein commented that he would like to further discuss the appropriate financial threshold for municipal projects to qualify for the Percent for Art program and that he would also like to see the City Manager granted authority over the process. Council Member Holman stated that if it would be reasonable to incorporate some of the opportunities previously discussed into the procedures, she would like to see that done. She observed that, similar to the way that many streets have come to be known as “collector streets,” California Avenue has become a “collector art gallery,” and asked whether that was a conscious effort. Council Member Burt replied that he believed that a long time ago a specific plan had been created for California Avenue. Council Member Holman stated that California Avenue is a particularly good example of what kind of impact an accumulation of art can have on an area. Council Member Klein stated that he did not want to see the scope of the conversation move from the issue at hand to all projects undertaken by the PAC. Council Member Holman explained that the abundance of art located on California Avenue related to the issue of PAC approval of art projects, and what person or organization was best suited to hold approval authority. Chair Price asked Council Member Holman whether she would like to see the Committee direct Staff to provide some recommendations as the delegation of approval authority relative to PAC projects. Council Member Holman replied that she would. Mr. Keene stated that there are currently price authority thresholds in place, and that any project over $80,000 comes before the Council for final approval. He stated that there did not appear to be a need to amend the price authority thresholds, but that there may be policy thresholds that could use revising. Chair Price asked Ms. DeMarzo whether the Committee’s directions had been clear enough. Ms. DeMarzo responded that they had. Chair Price asked whether Staff would be able to return with the requested recommendations in two days on July 14, 2011. Ms. DeMarzo stated that she could. Council Member Holman suggested that two days would likely not allow enough time for Staff to draft thoughtful responses to the Committee’s concerns. Chair Price stated that the next meeting date would be September 13, 2011. Mr. Betts reiterated that they had been consulting with other departments regarding this matter, and stated that the extended deadline would allow the opportunity for consultation with those departments regarding the proposed modifications. INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER: Continue the Item to September 13, 2011to allow Staff time to compile a list of recommendations in response to the Committee’s previously stated concerns. MOTION PASSED 4-0. City of Palo Alto (ID # 2214) City Council Staff Report Report Type: Consent Calendar Meeting Date: 11/21/2011 November 21, 2011 Page 1 of 4 (ID # 2214) Summary Title: Vehicle Diesel Particulate Filter Install-BAO&PO Title: Adoption of a Budget Amendment Ordinance in the Amount of $111,487.75 to Fund the Purchase of seven (7) Diesel Particulate Filter Devices; the Approval of a Purchase order with Exhaust Emissions Reduction Specialists in an Amount Not to Exceed $132,139.16 for the purchase and installation of ten Diesel Particulate Filter Devices; Approval of a Purchase Order with Emissions Retrofit Group in an Amount Not to Exceed $60,550.72 for the purchase and installation of four (4) Diesel Particulate Filter Devices and the Approval of a Purchase Order with Diesel Emission Service in an amount not to exceed $50,937.03 for the purchase and installation of three (3) Diesel Particulate Filter Devices (Vehicle Replacement Fund Capital Improvement Project VR-07002) From:City Manager Lead Department: Public Works Recommendation Staff recommends that Council: 1.Approve the Budget Amendment Ordinance (BAO) in the amount of $111,487.75 to provide an appropriation for the purchase of vehicle diesel particulate filter devices (Attachment A); 2.Approve and authorize the City Manager to execute a purchase order with Exhaust Emissions Reductions Specialists in the amount of $132,139.16 for the purchase and installation of ten vehicle diesel particulate filter devices; 3.Approve and authorize the City Manager to execute a purchase order with Emissions Retrofit Group in the amount of $60,550.72 for the purchase and installation of four (4) vehicle diesel particulate filter devices; and 4.Approve and authorize the City Manager to execute a purchase order with Diesel Emission Service in the amount of $50,937.03 for the purchase and installation of three (3) vehicle diesel particulate filter devices. November 21, 2011 Page 2 of 4 (ID # 2214) Background Vehicle Replacement Fund Capital Improvement Project VR-07002 authorizes the purchase and installation of diesel emission retrofit devices on City-owned heavy duty diesel powered trucks, as required by the California Air Resources Board (CARB). The CARB was established in 1967. California is the only state that is currently permitted to have such a regulatory agency. The stated goals of the CARB include attaining and maintaining healthy air quality; protecting the public from exposure to toxic air contaminants; and providing innovative approaches for complying with air pollution rules and regulations. Diesel exhaust contains a variety of harmful gases and over 40 other known cancer- causing compounds. In 1998, California identified diesel particulate matter as a toxic air contaminant based on its potential to cause cancer, premature death, and other health problems. The CARB Fleet Rule for Public Agencies and Utilities specifies compliance deadlines for installation of best available control technology (BACT), also known as diesel particulate filters (DPF), on medium duty and heavy duty diesel powered vehicles. Discussion At the time the CARB diesel emissions reduction rules were established, the City’s fleet included 51 vehicles that were subject to the regulations. Staff has retired, replaced or retrofitted all but 17 of the non-compliant vehicles. In accordance with CARB’s established deadlines, diesel particulate filter installations were performed during years 2007, 2009, and 2010 and the final round of installations is planned for this year. The 17 remaining vehicles will need to be retrofitted with diesel particulate filters by December 31, 2011 to insure compliance. Some of the vehicles that will now be retrofitted were scheduled for replacement in lieu of retrofit; however, those replacements were suspended in accordance with a recommendation from the 2009 Audit of Vehicle Replacement and Utilization. Although retrofitting vehicles scheduled for replacement will result in an additional cost to the City, several benefits will be achieved as well. The replacements can now be deferred if necessary, since the vehicles will be in compliance with the CARB regulation. The City will have continued use of the vehicles until they are replaced. In addition, the resale values will likely be increased, since the vehicles may now be sold in California. There is sufficient funding available in VR-07002 to retrofit ten of the 17 vehicles. Approval of the BAO described in item #1 will provide the necessary funding to retrofit the remaining seven vehicles. A Request for Quotation (RFQ) for diesel emissions retrofit devices, also known as diesel particulate filters (DPF), was sent to vendors on August 23, 2011. Bids were received from six qualified vendors on September 27, 2011 as listed on the attached bid summary (Attachment B). Bids ranged from a high of $346,340.28 to a low of November 21, 2011 Page 3 of 4 (ID # 2214) $190,238.40 (for all bid items); and to a low bid of $103,666.29 (for 10 items). The bid for $190,238.40 submitted by Ironman and the bid for $103,666.29 submitted by Exhaust Emission Reduction Specialists did not meet specifications, so those bids could not be considered for award. Since no vendor submitted a low bid that included all bid items, staff determined that the best approach would be to award contracts to multiple vendors based on device type. Staff has reviewed all bids submitted and recommends that: 1)the bid submitted by Exhaust Emissions Reductions Specialists for items #1, #2, #3, #4, #9, #10, #11, #12, #13 and #17 be accepted and that Exhaust Emissions Reductions Specialists be declared the lowest responsible bidder for these items; 2)the bid submitted by Emissions Retrofit Group for items #5, #6, #7, and #14 be accepted and that Emissions Retrofit Group be declared the lowest responsible bidder for these items; and 3)the bid submitted by Diesel Emissions Service for items #8, #15, and #16 be accepted and that Diesel Emissions Service be declared the lowest responsible bidder for these items. Staff has checked references supplied by the vendors for previous contracts and has found no significant complaints. Resource Impact Funds have been budgeted for this project in the Vehicle Replacement Fund Capital Improvement Project VR-07002. The available balance in the VR-07002 was sufficient to cover the cost of vehicles originally scheduled to be retrofitted; however, we are now retrofitting (rather than replacing) more vehicles than originally planned, therefore a BAO is required. The attached Budget Amendment Ordinance will provide for the transfer of funding from the Vehicle Replacement Fund Reserve into the current Vehicle Replacement Fund Capital Improvement Project VR-07002. Policy Implications Authorization of the contract does not represent any change to the existing policy. Environmental Review This project furthers several initiatives outlined in the City’s Comprehensive Plan. These initiatives include Policy N-21, Policy N-26 and Program N-27. November 21, 2011 Page 4 of 4 (ID # 2214) Attachments: ·BAO -VR07002 Diesel Truck Retrofits SR 2214 (PDF) ·DPF Bid Summary (Updated 11-14-11) SR 2214 (XLS) Prepared By:John Moran, Assistant Fleet Manager Department Head:J. Michael Sartor, Interim Director City Manager Approval: James Keene, City Manager ORDINANCE NO.xxxx ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING THE BUDGET FOR THE FISCAL YEAR 2012 TO PROVIDE AN ADDITIONAL APPROPRIATION OF $111,488 TO CAPITAL IMPROVEMENT PROGRAM PROJECT NUMBER VR- 07002, DIESEL TRUCK ENGINE RETROFITS The Council of the City of Palo Alto does ordain as follows: SECTION 1. The Council of the City of Palo Alto finds and determines as follows: A. Pursuant to the provisions of Section 12 of Article III of the Charter of the City of Palo Alto, the Council on June 20, 2011 did adopt a budget for fiscal year 2012; and B. In fiscal year 2007, the Council did adopt a budget for CIP Project VR-07002, Diesel Truck Engine Retrofits, with an initial appropriation of $175,000. Additional appropriations of $150,000 and $360,000 were approved in fiscal years 2008 and 2010, respectively; and C. The California Air Resources Board requires the installation of best available control technology, also known as diesel particulate filters, on medium duty and heavy duty diesel-powered vehicles; and D. Staff intends to retrofit 17 remaining vehicles with diesel particulate filters which need to be installed by December 31, 2011 to insure compliance; and E. A Request for Quotation (RFQ) for diesel emissions retrofit devices was sent to four vendors on August 23, 2011. Bids were received from six qualified vendors on September 27, 2011 and no vendor submitted a low bid that included all bid items. As a result, staff has decided to award contracts to multiple vendors based on device type. Emissions Retrofit Group was declared the lowest responsible bidder for four vehicle diesel particulate filter devices at a cost of $60,550.72. Diesel Emission Service was declared the lowest responsible bidder for three vehicle diesel particulate filter devices at a cost of $50,937.03; and F. City Council authorization is needed to amend the 2012 budget as hereinafter set forth. SECTION 2. The sum of One Hundred Eleven Thousand Four Hundred Eighty-Eight Dollars ($111,488) is hereby appropriated to CIP Project Number VR-07002. SECTION 3. The Vehicle Replacement Fund Reserve is hereby reduced by One Hundred Eleven Thousand Four Hundred Eighty- Eight Dollars ($111,488) to Seven Million Two Hundred Seventy Thousand Two Hundred Thirty-Three Dollars ($7,270,233). SECTION 4. As specified in Section 2.28.080(a) of the Palo Alto Municipal Code, a two-thirds vote of the City Council is required to adopt this ordinance. SECTION 5. As provided in Section 2.04.330 of the Palo Alto Municipal Code, this ordinance shall become effective upon adoption. SECTION 6. The vehicles being purchased are in compliance with all applicable emissions laws and regulations. Accordingly, this purchase is exempt from the California Environmental Quality Act under the CEQA guidelines (Section 15061). INTRODUCED AND PASSED: AYES: NOES: ABSTENTIONS: ABSENT: ATTEST: APPROVED: City Clerk Mayor APPROVED AS TO FORM: City Manager Director of Public Works Director of Administrative Services Vendor A-Z Emissions Group Peterson Power Systems Emissions Retrofit Group Emissions Retrofit Group (Alternate Bid)Diesel Emissions Service Exhaust Emissions Reduction Specialists Exhaust Emissions Reduction Specialists (Alternate Bid) Ironman Huss MK300 ECS Purifilter Plus SCP17 Huss MK300 ECS Purifilter Plus SCP17 ECS Purifilter Plus SCP17 (3)ECS Purifilter Plus SCP17 ECS Purifilter (4)Donaldson LNF (5) Item Nr Vehicle ID 1 3140 $21,163.00 $15,000.00 $17,880.00 $13,431.89 $12,585.00 $12,353.56 $8,817.67 $10,280.00 2 3155 $21,163.00 $15,000.00 $17,700.00 $13,251.89 $12,435.00 $12,353.56 $8,817.67 $14,040.00 3 3235 $21,163.00 $15,000.00 $17,760.00 $13,311.89 $12,685.00 $12,353.56 $8,817.67 $10,280.00 4 4218 $21,163.00 $15,000.00 $17,880.00 $13,431.89 $12,585.00 $12,353.56 $8,817.67 $10,280.00 5 4409 no bid no bid $13,954.00 $13,954.00 $18,375.00 no bid $8,863.58 $9,280.00 6 4431 no bid no bid $17,760.00 $13,954.00 $44,692.00 no bid no bid $11,130.00 7 4655 no bid no bid $17,880.00 $14,074.00 $43,192.00 no bid no bid $11,130.00 8 4705 no bid $15,000.00(2)$18,290.00 $14,031.89 $15,685.00 no bid no bid $12,260.00 9 7403 $21,163.00 $15,000.00 $17,760.00 $13,311.89 $12,435.00 $12,353.56 $8,817.67 $10,280.00 10 7620 $21,163.00 $15,000.00 $17,760.00 $13,311.89 $12,435.00 $12,353.56 $8,817.67 $10,280.00 11 7621 $21,163.00 $15,000.00 $17,760.00 $13,311.89 $12,435.00 $12,353.56 $8,817.67 $10,280.00 12 7697 $21,163.00 $15,000.00 $17,760.00 $13,311.89 $12,435.00 $12,353.56 $8,817.67 $10,280.00 13 8280 $21,163.00 $15,000.00 $17,880.00 $13,431.89 $12,435.00 $12,353.56 $8,817.67 $10,280.00 14 8381 $21,163.00 no bid $17,760.00 $13,954.00 $45,192.00 no bid no bid $11,130.00 15 8741 $21,163.00 $15,000.00(2)$18,290.00 $14,031.89 $15,685.00 no bid no bid $12,260.00 16 8742 $21,163.00 $15,000.00(2)$18,290.00 $14,031.89 $15,685.00 no bid no bid $12,260.00 17 8801 $21,163.00 $15,000.00 $17,701.00 $13,251.89 $12,435.00 $12,353.56 $8,817.67 $9,730.00 $275,119.00 $150,000.00 $300,065.00 $231,390.57 $323,406.00 $123,535.60 $97,040.28 $185,460.00 $1,479.20 $12,333.75 $20,008.23 $15,583.47 $22,934.28 $8,603.56 $6,626.01 $4,778.40 $276,598.20 $162,333.75 $320,073.23 $246,974.04 $346,340.28 $132,139.16 $103,666.29 $190,238.40 $0.00 $0.00 $0.00 $60,550.72 $50,937.00 $132,139.16 $0.00 $0.00 Notes: 1. Tax amounts shown were provided by vendors 2. Vendor retracted their bids for these items after submission. Figures shown in italics were low bid for that item; however, the proposed item did not meet specifications. Subtotal Tax (1) Bid Total Total to be awarded (includes 8.25% sales tax) Addendum Nr 1 - Bid Summary and Award Recommendation - RFQ 143025 Device Bid (Except where noted) Figures shown in bold were the lowest responsivebid for that item. 3. Item #5 is "Cleaire" Horizon. Item #6, #7 and #14 are Huss MK600. 4. Item #5 is Donaldson LNF. 5. Items #1, #3 - #7, #9 - #14, and #17 are Donaldson LNF. Item #2 is Cleaire "Vista." Items #8, #15 and #16 are Donaldson LXF. City of Palo Alto (ID # 2332) City Council Staff Report Report Type: Consent Calendar Meeting Date: 11/21/2011 November 21, 2011 Page 1 of 2 (ID # 2332) Summary Title: Rescind Cal Ave. Resolution Title: Rescission of Prior Approvals of Resolution, Negative Declaration, and Capital Improvements Program Project Funding for California Avenue Transit Hub Corridor Improvements Project From:City Manager Lead Department: Planning and Community Environment Recommendation Staff recommends that the City Council declare void the following prior Council actions: 1) Resolution No. 9118, adopted on December 6, 2010, accepting a grant from the Valley Transportation Authority (VTA) to design and construct the California Avenue Transit-Hub Corridor Improvements Project; 2) Approval of a Negative Declaration for the California Avenue Transit-Hub Corridor Improvements Project, adopted on February 14, 2011; and 3) Establishment of a Capital Improvements Program project funding the California Avenue Transit Hub Corridor Improvements Project, approved on February 14, 2011. Background On October 4, 2010, the City submitted a Capital Grant Application to the Valley Transportation Authority (VTA) for approximately $1.15 million to design and construct the California Avenue Transit Hub Corridor Improvements Project. The City was awarded the application by VTA and, on December 6, 2010, the City Council adopted Resolution No. 9118 (Attachment B), agreeing to accept the grant and complete the conceptual project described in the application. The City subsequently completed and circulated for public review a proposed Negative Declaration, pursuant to the California Environmental Quality Act (CEQA). On February 14, 2011, following a positive recommendation from the Planning and Transportation Commission, the Council adopted the Negative Declaration and established a Capital Improvements Program (CIP) project, funding the entire $1.7 million cost of the project. Litigation The City’s action was challenged in Superior Court by petitioners Joy Ogawa, Terry Shuchat, Jack Morton and Antonio’s Nuthouse. The petitioners argued that the environmental review was untimely and inadequate, that the City’s Comprehensive Plan was violated, and that State Open November 21, 2011 Page 2 of 2 (ID # 2332) Meetings provisions were not followed. On October 7, 2011, a hearing regarding the matter was conducted by the Honorable Patricia M. Lucas. An Order from the court was filed on November 9, 2011, and the City received the determination on November 14, 2011 (Attachment A). The Court found that the City’s compliance with CEQA (adoption of the Negative Declaration) on February 14, 2011 should have preceded the adoption of Resolution No. 9118 on December 6, 2010. The Court did not find the CEQA analysis deficient and denied the petitioners’ claims regarding the Comprehensive Plan and the Open Meetings provisions. The remedy specified by the Court (page 9) is “that the City must declare void that Resolution, as well as its later February 14, 2011 approval of the Negative Declaration and CIP funding for the project, and must reconsider those decisions after appropriate CEQA review.” Discussion Staff believes that the deficiency is a procedural one that can be readily addressed. The recommended action is for the Council to rescind, as prescribed by the Court, the adoption of Resolution No. 9118 on December 6, 2010, the approval of the Negative Declaration on February 14, 2011, and the establishment of the CIP funding, also approved on February 14, 2011. Staff will schedule reconsideration of these items for an upcoming Council meeting and will then provide that information to the Court. Staff believes that the rescission of the prior actions and reconsideration of the Negative Declaration, Resolution and Capital Improvement Program will be sufficient to respond to the Court’s direction. Attachments: ·Attachment A: Court Order re: California Avenue Litigation (PDF) ·Attachment B: Resolution No_9118 re: Grant for California Avenue Transit Hub Corridor Improvements Project (PDF) Prepared By:Curtis Williams, Director Department Head:Curtis Williams, Director City Manager Approval: James Keene, City Manager Resolution No. 9118 Resolution of the Council of the City of Palo Alto Authorizing the Filing of an Application for Federal Surface Transportation Program (STP) and/or Congestion Mitigation and Air Quality Improvement (CMAQ) Funding for the California Avenue Transit Hub Corridor Project and Committing the Necessary Non-Federal Match and Stating the Assurance to Complete the Project WHEREAS, the City of Palo Alto (herein referred to as CITY) is submitting an application to the Metropolitan Transportation Commission (MTC) for $1,175,200 in funding from the federal Surface Transportation Program (STP) and/or Congestion Mitigation and Air Quality Improvement (CMAQ) program for the California Avenue -Transit Hub Corridor Improvements (herein referred to as PROJECT) for the MTC Resolution, No. 3925, New Federal Surface Transportation Act (FY 2009-10, FY 2010-11 and FY 2011-12) Cycle 1 STP/CMAQ Program: Project Selection Criteria, Policy, Procedures and Programming (herein referred to as PROGRAM); and WHEREAS, the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA) (Public Law 109-59, August 10, 2005) continued the Surface Transportation Program (23 U.S.C. § 133) and the Congestion Mitigation and Air Quality Improvement Program (CMAQ) (23 U.S.C. § 149) through September 30, 2009; and WHEREAS, SAFETEA has been extended pursuant to Public Law 11-118 and may be subsequently extended pending enactment of successor legislation for continued funding; and WHEREAS, pursuant to SAFETEA, and the regulations promulgated thereunder, eligible project sponsors wishing to receive federal Surface Transportation Program and/or Congestion Mitigation and Air Quality Improvement Program (STP/CMAQ) funds for a project shall submit an application first with the appropriate Metropolitan Planning Organization (MPO), for review and inclusion in the MPO's Transportation Improvement Program (TIP); and WHEREAS, the Metropolitan Transportation Commission (MTC) is the MPO for the nine counties of the San Francisco Bay region; and WHEREAS, MTC has adopted a Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised) that sets out procedures governing the application and use of STP/CMAQ funds; and WHEREAS, CITY is an eligible project sponsor for STP/CMAQ funds; and WHEREAS, as part of the application for STP/CMAQ funding, MTC requires a resolution adopted by the responsible implementing agency stating the following: II 101115 dm 8261479 1 1) A commitment of necessary local matching funds of at least 11.47%; and 2) The sponsor understands that the STP/CMAQ funding is fixed at the programmed amount, and therefore any cost increase cannot be expected to be funded with additional STP/CMAQ funds; and 3) The project will comply with the procedures specified in Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised); and 4) The assurance of the sponsor to complete the project as described in the application, and if approved, as included in MTC's TIP; and 5) That the project will comply with all the project-specific requirements as set forth in the PROGRAM. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palo Alto as follows: SECTION 1. The officers of the CITY are authorized to execute and file an application for funding for the PROJECT under the Surface Transportation Program (STP) and Congestion Mitigation and Air Quality Improvement Program (CMAQ) of SAFETEA, any extensions of SAFETEA or any successor legislation for continued funding. SECTION 2. The CITY by adopting this resolution does hereby state that: 1. CITY will provide $550,000 in non-federal matching funds; and 2. CITY understands that the STP/CMAQ funding for the project is fixed at the MTC approved programmed amount, and that any cost increases must be funded by the CITY from other funds, and that CITY does not expect any cost increases to be funded with additional STP/CMAQ funding; and 3. Applicant understands that $(N/A) is greater than the Applicant's (STP/CMAQ Amount) Regional Local Streets & Roads formula share of Local Streets & Roads programming, and that the Applicant will forgo future programming shares until the amount of the overage $(N/ A) is reached. (This requirement does not apply to CITY, only to applicants who received an "augmentation" greater than $100,000 in the Local Streets & Roads program only) 4. CITY understands the funding deadlines associated with these funds and will comply with the provisions and requirements of the Regional Project Funding Delivery Policy (MTC Resolution No. 3606, as revised); and 5. PROJECT will be implemented as described in the complete application and in this resolution and, if approved, for the amount programmed in the MTC federal TIP; and 6. CITY and the PROJECT will comply with the requirements as set forth in the program; and SECTION 3. CITY is an eligible sponsor of STP/CMAQ funded projects. SECTION 4. CITY is authorized to submit an application for STP/CMAQ funds for the PROJECT. SECTION 5. There is no legal impediment to CITY making applications for the funds. 101115 dm 8261479 2 City of Palo Alto (ID # 2323) City Council Staff Report Report Type: Consent Calendar Meeting Date: 11/21/2011 November 21, 2011 Page 1 of 1 (ID # 2323) Summary Title: City Auditor Employment Agreement Title: Appointment of James Pelletier as City Auditorand Approval of At-Will Employment Agreement From:City Manager Lead Department: Human Resources Attached is the proposed at-will employment agreement for James Pelletier. The contract is consistent with the terms negotiated which Mr. Pelletier has reviewed and accepted. Council is requested to appoint Mr. Pelletier as City Auditor and approve the at-will employment agreement with an employment start date January 9, 2012. Attachments: ·Pelletier Employment Agreement (PDF) Prepared By:Sandra Blanch, Interim Director, Human Resources Department Department Head:Sandra Blanch, Interim Director, Human Resources Department City Manager Approval: James Keene, City Manager City of Palo Alto (ID # 2242) City Council Staff Report Report Type: Action ItemsMeeting Date: 11/21/2011 November 21, 2011 Page 1 of 5 (ID # 2242) Summary Title: Mitchell Park Construction Contract Monthly Report Title: Submittal of Mitchell Park Library and Community Center Monthly Construction Contract Report and Council Direction to Staff to Continue Construction Contract Monthly Reports From:City Manager Lead Department: Public Works Recommendation Staff recommends that Council: 1)Accept this update on the Mitchell Park Library and Community Center (MPL&CC) construction contract change orders; and 2)Direct staff to continue to submit monthly reports to Council. Executive Summary The MPL&CC construction is approximately 60% complete. Council has authorized a 20% construction contract contingency ceiling for unanticipated construction costs and established specific project reporting requirements in order to manage costs. Actual change orders approved to date total $1,296,416 or about 5.3% of the base construction contract amount. Background On September 12, 2011, Council authorized an increase in change order authority and a ceiling for the MPL&CC construction contract from 10% to 20% to cover unanticipated construction costs. Council also directed staff to provide Council with a Monthly Report on Change Orders with Flintco, the general contractor. Discussion To date, 10 change orders have been approved for a total amount of $ 1,296,416. This amount constitutes 5.3 % of the construction contract amount. Council has authorized change orders up to 20% of the contract amount, leaving 14.7 % available. A breakdown of the change orders and the key components of each are contained in Table 1 listed below with a brief description of each. Please recognize that change orders can include reductions and credits as well as new costs. You will see this, for example, reflected in Change Order #5 in Table 1 below. November 21, 2011 Page 2 of 5 (ID # 2242) Note: The last two change orders 9 and 10 are newly approved since the last report to Council. Table 1 Change Order Amount Change Order Summary 1 $41,725 Eight extra work items including the pruning of trees, clean-up of the old building, and removing conduit found during site clearing and grading. 2 $33,102 Four extra work items including the rerouting of a storm drain around tree roots and the addition of a new manhole that the drawings showed being present but wasn’t. 3 $215,501 10 extra work items including an adjustment needed due to tree root interference, an upgrade in wall insulation capability, and design coordination needed for steel installation. 4 $242,754 11 extra work items including the installation of dowels at additional locations, the installation of thicker glass railings to increase stability, increased gas transmission line coordination, and extra concrete water protection. 5 $4,436 24 extra work items including an extra light fixture cost, fire safety drawing coordination, and a variety of additional required supplies totaling $70,536 minus credit given for three of the 24 work items including spare fixtures no longer required and reimbursed City of Palo Alto dump fees totaling $66,100. 6 $25,123 Seven extra work items including additional gas main protection, curb strengthening, and deck support for the Building A green roof. 7 $74,304 19 extra work items including HVAC driven floor adjustments, electrical system adjustments, data cable rerouting, and a new load break cabinet totaling $109,965 minus credit given for two of the 19 work items including stones for the Arch provided by the artist and value engineering totaling $35,661. 8 $385,251 10 extra work items including additional fill, perforated metal panel ceiling work, various waterproofing, and conduit. 9 $195,706 18 extra work items including multiple curb installations, a basketball court slab, and an art sculpture foundation. November 21, 2011 Page 3 of 5 (ID # 2242) 10 $78,514 18 extra work items including a Flintco field staff supplement, waterproofing, plumbing and electrical system alterations, and tree protection measures totaling $79,226 minus credit given for one of the 18 work items identified as plumbing fixture changes totaling $712. TOTAL $1,296,416 TOTAL CO 1-10 ***For further information about each of the change orders see the attached corresponding Contract Change Order Scopes of Work. (Attachment A) Change order requests submitted by the contractor are typically bundled together on a monthly basis and summarized in one single chan ge order. On September 12, 2011, Council further directed staff to submit any change order request which exceeds $85,000 to Council for approval (Attachment B). Staff is interpreting this to mean an individual change order line item more than $85,000. (You may note over the course of a month a number of on-site decisions are made, in order to not slow the project down, which when complied later can add up to more than $85,000.) Thus, there are no change order requests greater than $85,000 which staff is recommending Council approve at this time. Council also directed that any change order requests needed to achieve a LEED designation of Platinum be submitted to Council for approval. This concern arose out of cost control considerations. The Mitchell Pa rk Library was approved by the City as a LEED Gold project. While LEED Platinum is a very desirable goal, Council expressed concern about pursuing it without careful cost consideration, and therefore requested this review step be added. Staff investigated the question of whether any change orders to date had been executed for the purpose of increasing the LEED designation from Gold to Platinum and found that there were none. Looking to the future, staff is unlikely to propose any increased City costs (Chan ge Orders) to insure a Platinum. rating. Whether Platinum or Gold is achieved will depend on the results of the Commissioning Agent’s study of results achieved, as opposed to the inclusion of any new measures or facilities. In attempting to achieve a Gold rating, it was necessary to include more than a bare minimum of measures to achieve that level. This is because it is unlikely that the City will receive credit for all measures where credit is sought. Credit may not ultimately be obtained for a variety of reasons, including the availability of materials and the actual performance of mechanical systems. Council further directed that staff report to Council on the activities of the related Oversight Committees. Therefore, attached are the most recent docume nts from both the Library Bond Oversight Committee (Attachment C) and the Library Bond Stakeholders Committee (Attachment D). On October 17, 2011, Council requested information on several other related topics and November 21, 2011 Page 4 of 5 (ID # 2242) these are addressed below. 1)Expenditures for New Consultants The City Attorney’s Office has hired three relatively new Consultants to assist with the review of construction costs requested by Council. The table below shows the amount encumbered and the amount spent to date. Amount Encumbered Amount Expended ZFA Structural Engineers $25,000 $2,924.88 Jarvis Fay (Law Firm)$25,000 $3,776.25 Reidinger Consulting (Scheduling)$15,000 $0 2)Breakdown of Costs on Change Order # 8 The table below shows the percentage of the non -staffing portion of the Cha nge Order constituted by each line item of the change order. The percentages are based on the Construction Contractor’s quotation. The final resolution consists of one value for all of the non-staffing portion of Change Order # 8 ($214,144). Change Order #8 Components PCO Number Description % of Total Contractor Quote 009 Increase cut and fill by 6”23 028 Rework Pads per RFI-088 16 031 Perf Metal Panel at Exterior Soffit 37 050.4 Slurry Underslab Conduits 8 040.2 through 040.6 Waterproofing @ Footing 11 059 Add Spare Conduits Per CAR-004 5 Total Contractor Quote 100% 3)Outstanding Change Orders Proposed by the Construction Contractor (Flintco) In addition to knowing the amount of the Change Orders approved to date by the City (above), Council memb ers asked the value of the outstanding change orders proposed by Flintco but not yet approved or rejected. This information is contained in Attachment E. The latest Monthly Report concerning all Library Projects (“Palo Alto Library Projects”) is included as Attachment F. These will no longer be forwarded to Council via a separate Staff Report Resource ImpactThere are no resource impacts associated with providing the monthly reports to Council. The approved change orders are within the Capital improvement Project (CIP) Budget PE-09006 for the MPL&CC project. Policy Implications November 21, 2011 Page 5 of 5 (ID # 2242) There are no policy implications in providing the monthly reports to Council. Environmental Review Providing monthly reports on this topic to Council does not constitute a project under the California Environmental Quality Act (CEQA). Attachments: ·A -Mitchell Park Library Contract Change Orders # 1-8 (PDF) ·B -Staff Report #1711 Mitchell Park Contingency (PDF) ·C -Library Bond Oversight Committee July 26, 2011 (DOC) ·D -Library Bond Stakeholders Committe Meeting Minutes 10-13-11 (DOC) ·E -Summary Charts_11-14-2011 (PDF) ·F -Palo Alto Library Monthly Report -September 2011 (PDF) Prepared By:Philip L. Bobel, Interim Asst. Director, Engineering Services Department Head:J. Michael Sartor, Interim Director City Manager Approval: James Keene, City Manager City of Palo Alto (ID # 1711) City Council Staff Report Report Type: Action ItemsMeeting Date: 9/12/2011 September 12, 2011 Page 1 of 7 (ID # 1711) Summary Title: Contingency increase to 25% Mitchell Park Lib/CC Title: Approval of Increase in Construction Contingency from 10% to 25% on Contract C11136473 with Flintco Pacific Construction, Inc. for Construction of the Mitchell Park Library and Community Center, PE-09006; and Approval of Two Contract Amendments for Additional Construction Management and Design Services: Amendment No. Three with Turner Construction, Inc., to Add $205,287 for a Total Amount Not to Exceed $3,783,745 and Amendment No. Five with Group 4 Architecture, Inc. To Add $220,670 for a Total Amount Not to Exceed $7,902,421 From:City Manager Lead Department: Public Works Executive Summary Several issues have or are projected to increase the construction costs of the Mitchell Park Library and Community Center (MPLCC), including many underground utility conflicts and the overall complexity of the library itself, particularly the electrical-mechanical systems, which will contain cutting-edge technology. The building is expected to reach the level of Leadership in Energy and Environmental Design (LEED) Gold or Platinum; a very positive aspect, but one which increases complexity even further. Due to these factors, actual and known projected contract change orders for the Mitchell Park Library and Community Center construction through April have used 53 percent of the Council approved percent contingency amount while only 33 percent of the work is in place (see Attachment A for contingency graph). Based on the current usage rate, staff recommends that Council authorize increasing the contingency by an additional 15 percent for a total construction contingency of 25 percent. Having this amount available if necessary will help insure no disruption to the construction schedule. This added contract contingency will not change the Projected Project Cost of $41 million. Staff continues to estimate project savings (as calculated from the Engineer’s Estimate of $49,043,000) to be $7.4 million. These projections do not change because a larger contingency need had been anticipated in the Projected Project Cost. Recommendation Staff recommends that Council” September 12, 2011 Page 2 of 7 (ID # 1711) 1.The existing contingency for construction of the Mitchell Park Library and Community Center PE-09006) (“MPLCC”) is 10 percent of the construction contract of $24,365,000, or $2,436,500. Staff recommends the construction contingency for contract C11136473 with Flintco Pacific, Inc., be increased by $3,654,750 an additional 15 percent of the Contract amount. The revised total contingency authorization for this contract would be $6,091,250 for a total contract contingency of 25 percent. 2.Approve and Authorize the City Manager to execute Amendment No. Three (Attachment B) to contract C10131631 with Turner Construction, Inc., to add $205,297 for additional construction management services for a total contract amount of $3,783,745. This increase represents a 7.5 percent increase in the Additional Services budget. 3.Approve and Authorize the City Manager to execute Amendment No. Five (Attachment C) to contract C09130744 with Group 4 Architecture, Inc., to add $220,670 for additional design services for a total contract amount of $7,902,421. This increase represents a 5 percent increase in the Additional Services budget. Background Measure N, which passed on November 4, 2008, includes funding for construction of a new and expanded Mitchell Park Library and Community Center (MPLCC), renovation of the Downtown Library and renovation and expansion of the Main Library. Detailed history of the design development can be found in past City Manager’s Reports to Council (CMR:286:02, CMR:119:06, CMR:343:06, CMR:434:06, CMR:225:07, CMR:321:08, CMR:473:08, CMR:149:09, CMR:334:10 and CMR:435:10) that can be viewed at: http://www.cityofpaloalto.org/knowzone/reports/cmrs.asp). On August 5, 2010, Council awarded contract C11136473 to Flintco Pacific Inc., for construction of the Mitchell Park Library and Community Center in the amount of $24,365,000. Council also authorized a 10 percent construction contingency in the amount of $2,436,500 for a total of $26,801,500. The construction costs are a component of the overall Projected MPLCC Project Cost of $41,566,317, as reported in the May, 2011 Palo Alto Library Projects Monthly Report. · ·Discussion The American Institute of Architects recommends a construction change order contingency of 10 to 12 percent on projects the size of the MPLCC. Contingency has varied on past on City building projects based on the nature of the project: the College Terrace Library had a 25 percent contingency; the Downtown Library has 15 percent contingency; and the two downtown parking structures had a 15 percent contingency. This request would increase the Mitchell Park Library contingency to 25 percent of Flintco Pacific Inc.’s original contract, more typical of the City’s recent, large construction contracts. The construction manager for the MPLCC project, Turner Construction, had originally recommended a 10 percent contingency since new buildings not in a downtown area are typically more straightforward projects than building remodels, which can have many unforeseen factors such as termites, dry rot, and features not shown on the older plans used to September 12, 2011 Page 3 of 7 (ID # 1711) develop the remodel. In the case of the MPLCC, however, the complexity and sophistication of the project that is being undertaken make it distinguishable from typical new construction projects. The MPLCC building will contain complex, cutting-edge technology (such as blinds that open and close automatically in response to the amount of sunlight available) and is expected to reach the level of Leadership in Energy and Environmental Design (LEED) Gold or Platinum. As the complexity of a project goes up, it becomes more difficult for public “lump sum” bid documents to address every condition that will be encountered during construction. · ·In addition, significant unforeseen items have impacted the contingency budget to date. These items include issues related to the PG&E high-pressure gas transmission line, site utilities, foundations, and structural steel. Anticipated issues that may arise as construction continues and could potentially require increased contingency levels are the electrical and mechanical components. Details of the major categories impacting contingency are listed below: · ·PG&E High Pressure Gas Line ·The Notice to Proceed for construction was issued on September 7, 2010. Two days later, a PG&E gas transmission line exploded in San Bruno which led to a heightened awareness of gas line safety. A similar gas transmission line exists at the back of walk along Middlefield Road, including the frontage of this project and it was necessary to re-check the elevations and designs of all utilities crossing the gas line. Many underground utilities were in close proximity to the gas line and as a result, all members of the project team worked together to develop and implement additional, elevated safety protocols for working near that gas transmission line which included added cost for coordination meetings with all utilities and all relevant subcontractors. The safety protocols led to additional costs by requiring that more careful excavation methods, such as hand digging and vacuum excavation, be used near the gas line. These methods of excavating are also more expensive than standard methods that would have been reasonable to presume while bidding. · ·Structural Steel changes ·One of the unfortunate consequences of a competitive bid market and the weak economy is that many subcontractors find that they cannot meet the obligations of all the projects that they bid. This project has experienced more subcontractors pulling out than any other project that the City has done. One of the major components of a building like the MPLCC is that its structural steel frame is a significant portion of the work that needs to be done. Nearly all other components of the building are dependent on the completion of the structural steel frame. As a result, it becomes part of the critical path for scheduling and any delays to the progress of the structural steel frame delay the entire project. · ·One of the first subcontractors to withdraw from this project was the structural steel subcontractor. Such an action typically would cause a three month delay in the project. Through significant effort on the part of the general contractor, the construction manager, the design team, and the City, delays were avoided by approving a new subcontractor for the structural steel in an expeditious manner. In order to make up for some of the delay caused by September 12, 2011 Page 4 of 7 (ID # 1711) the three weeks that it took to find a new structural steel subcontractor, acceleration of the structural steel work was necessary, requiring overtime by the new structural steel subcontractor. In the process of working through all of the shop drawings necessary to get the structural steel done as quickly and efficiently as possible, modifications to the structural steel design were made. · ·Completeness of Design Plans and Specifications ·At the time of the public bidding process, it appears that certain areas of the design were not detailed to the level needed for actual construction. For example, while a detail was shown for the size of tube steel that would be needed to reinforce exterior walls, there was no mention of the spacing or length of said steel members. As a result, the steel actually necessary for construction was more than the amounts detailed in the design plans on which the contractor based its bid, and an additional approximately $250,000 was needed to reimburse the contractor for the additional steel that was needed for the building. · ·Other design areas where similar design plan issues have been identified relate to the means of connecting various parts of the building. The building is composed of a variety of angles and the angles may abut differing types of materials (stone to metal, etc). The way of connecting to one type of material is different from connecting to another type of material and the differing angles add complications. For the most part, the plans only showed a few standard details. · Staff is taking a two-fold approach to minimize potential delay resulting from these issues. First, Group 4 Architecture is working as quickly as possible to correct the plans and the contractor and construction manager are working together to implement them in the field. Second, Staff is reviewing the extent to which the change orders for this project were driven by the completeness of Group 4 Architecture’s design drawings and tracking related costs caused by the design changes. If it is determined that the number and type of deficiencies in the design work was atypical and resulted in significant delay or other change order costs, appropriate follow-up actions will be taken. · ·However, it is important to note that the additional costs associated with the steel and connections could likely not have been avoided. These are critical components of the building. If the details had been fully shown in the plans at the time of the bid, the contractor would probably have accounted for those details in the bid and the City would have likely paid a higher price for the building at the time of contract award. · ·Exterior Cladding of the Building ·The exterior cladding (skin) of the building has been more challenging to build than anticipated. The purpose of the exterior skin is keep the elements out, but also to provide the level of thermal and moisture protection necessary for efficient energy usage. The basis of design for the exterior skin required the development of a performance specification of specific structural and thermal properties which were incorporated into the building’s design. After September 12, 2011 Page 5 of 7 (ID # 1711) construction started, however, the project team came to the conclusion that the only way to meet the performance specification was to use a proprietary system instead of conventional framing. Additional effort by the contractor, construction manager, and design team was needed to detail how all of the parts would fit together since standard details do not necessarily apply to a proprietary system. Additionally, numerous openings in the exterior skin require coordination with other parts such as the book drops for the automated materials handling equipment, anchorage for art work, signs and plaques at the entrance, in addition to the doors and windows of the entrance. Since all of these parts were being designed by many different parties as the construction got underway, adjustments and interconnections required additional care, effort, and thought. · ·Interiors and Electrical-Mechanical Systems ·Interiors and electrical-mechanical systems are the two significant areas remaining to be addressed that have the potential to trigger the need for additional contingency funding. These areas are where the advanced building technology is most present, so it is possible that additional unexpected issues might arise. The rate at which the contingency is used should ease off after the electrical-mechanical issues are addressed · Analysis Actual and projected potential contract change orders for the MPLCC construction have thus far used 53 percent of the contingency while only 33 percent of the work is in place (Attachment A). During the first eight months of construction, contingency usage averaged $160,000 per month. The current 10 percent contingency funding level allows only an average of $120,000 per month. Therefore, staff recommends that Council authorize increasing the contingency by another 15 percent, for a total of 25percent. Based on a review of the construction documents, field conditions and change orders to date, staff projects a 20 percent contingency authorization would likely cover projected additional work required through completion of the project. Increasing the contingency to 25 percent, however, provides the Director of Public Works with the authority to continue approval of change orders through conclusion of the contract and ensures a sufficient funding cushion to avoid the possibility of delays due to lack of contingency funding. Any unused funding at the end of the project returns to its source, in this case to Bond proceeds. Even with this added contingency amount, the projected MPLCC project cost will continue to be $41,566,317, as reported in the May, 2011, Palo Alto Library Projects Monthly Report. The projected savings (as calculated from the Engineers’ Estimate of $49,043,000) will continue to be $7,476,683. The amount being added to the construction contract contingency does not impact the projected project cost because a larger contingency had been anticipated in the engineering estimate. Council had authorized 15 percent contingency on the Downtown Library and 25 percent on the recent College Terrace Library project. Construction efforts to date reveal that the MPLCC is at that level of complexity where a 25 percent contingency is justified. Staff had requested September 12, 2011 Page 6 of 7 (ID # 1711) the 25 percent contingency on the College Terrace Library due to the low bids received and to the competitive bidding climate in which profit margins were very thin or non-existent so that contractors could secure work for their crews. When bids are substantially below the project budget, as was the case with the College Terrace Library and the MPLCC, there is no room for the contractor to provide anything but what is shown on the plans. For example, in the past a contractor might have provided additional landscaping in a small area where it had not been shown on the plans but in today’s market the owner would be asked to pay for that small amount of extra work. Given that construction climate, staff will reassess whether to recommend 15, 20 or even 25 percent contingencies on future projects that are significantly below the engineer’s estimated cost. Consultant Contract Amendments Staff recommends approval of Amendments No. 3 and 5, respectively, to contracts with Turner Construction and Group 4 Architecture. The Additional Services (contingency) budgets within these contracts have been increased to correspond to the issues described in this report and allow for increased flexibility in the future. The previous Additional Services budgets have been depleted by increasing both Turner and Group 4 Architecture staffing in order to respond to design and construction issues, thereby reducing the likelihood of construction delay claims by the contractor. If additional services are not needed by the consultants, the funding will not be spent. In addition to the 5 percent increase requested by Group 4 Architecture, Turner Construction is requesting a higher contingency amount of 7.5 percent in order to assist staff with the preparation of the numerous contract packages (furniture, signage, equipment, telecommunication, etc.) that are required for this project. Resource Impact Additional 15 percent construction contingency funding in the amount of $3,654,750 is available in the Mitchell Park Library and Community Center CIP, PE-09006. This funding amount was initially set aside and assumed for budgeting purposes that it would be used for project costs. Its use for increased construction and consultant costs will therefore have no impact on the projected project reserves of $7.41M. The Measure N contracts and contract amendments encumbered to date are as follows: Contract Group 4 Architecture Turner Construction Construction Original contract $3,827,280 $138,198 $24,365,000 Original Contingency -10%$2,436,500 Additional Contingency -15%$3,654,750 Amendment 1 $92,034 $432,000 Amendment 2 $312,396 $3,008,250 Amendment 3 $3,192,000 $205,297 Amendment 4 $258,041 n/a September 12, 2011 Page 7 of 7 (ID # 1711) Amendment 5 $220,670 n/a Subtotals: Total Contract Value to Date $7,902,421 $3,783,745 $30,456,250 Policy Implications Increasing the contingency to 25 percent for the construction contingency budget and for increased consultant services does not conflict with any current City policy. Timeline Construction of the new Mitchell Park Library and Community Center began in September of 2010 and construction is anticipated to be completed in the summer of 2012. After the construction is completed, library and community center staff will move materials and equipment back into the new facilities which are expected to re-open in the fall of 2012. Attachments: ·A -Contingency Analysis (PDF) ·B -Turner Construction, Amendment 3 (PDF) ·C -Group 4 Architecture, Amendment 5 (PDF) Prepared By:Karen Bengard, Senior Engineer Department Head:J. Michael Sartor, Interim Director City Manager Approval: James Keene, City Manager Mitchell Park Library Community Center Flintco Construction General Contract Contingency Analysis August 2011 $0 $500 $1,000 $1,500 $2,000 $2,500 $3,000 $3,500 $4,000 $4,500 $5,000 $5,500 $6,000 Se p -10 Oc t -10 No v -10 De c -10 Ja n -11 Fe b -11 Ma r - 11 Ap r -11 Ma y - 11 Ju n -11 Ju l -11 Au g - 11 Se p -11 Oc t -11 No v -11 De c -11 Ja n -12 Fe b -12 Ma r - 12 Ap r - 12 Ma y - 12 Ju n -12 Ju l -12 Au g - 12 Average monthly use 10% contingency Average monthly use 25% contingency Changes Orders approved to date Potential Change Orders 10 % Contingency 25%Contingency AMENDMENT NO.3 TO CONTRACT NO. CI0131631 BETWEEN THE CITY OF PALO ALTO AND TURNER CONSTRUCTION COMPANY This Amendment No.3 to Contract No. C10131631 ("Contract") is entered into on 12th day of September, 2011, by and between the CITY OF PALO ALTO, a charter city and a municipal corporation of the State of California ("CITY"), and TURNER CONSTRUCTION COMPANY, a California corporation, located at 60 S. Market Street, STE 1100, San Jose, CA 95113 ("CONTRACTOR"). RECITALS: WHEREAS, the Contract was entered into between the parties for the provision for the Mitchell Park Library and Community Center construction services; and WHEREAS, the parties wish to amend the Contract to add funding for additional services; NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions ofthis Amendment, the parties agree: Section 1. Section 4 of the contract. Not to exceed compensation. is hereby amended to read as follows: "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 Three Million Two Hundred Fifty-four Thousand Three Hundred Thirty-seven Dollars ($3,254,337.00). In the event Additional Services are authorized, the TOTAL compensation for services and reimbursable expenses shall not exceed ($3,783,745). Section 2. The following exhibits to the Contract are hereby amended to read as set forth in the attachments to this Amendment, which are incorporated in full by this reference: a. Exhibit "A" entitled "Scope of Work Mitchell Park LibrarylCommunity Center, Renovation of the. Downtown Library, Renovation and Addition to the Main Library & Temporary Library Design Services". b. Exhibit "B" entitled "EXHIBIT "B" SCHEDULE OF PERFORMANCE". c. Exhibit "c" entitled "EXHIBIT "c" COMPENSATION". Except as herein modified, all other provisions of the Contract, including any exhibits and subsequent amendments thereto, shall remain in full force and effect. II II July 21, 2011. Page 1 of21 IN WITNESS WHEREOF, the parties have by their duly authorized representatives executed this Amendment on the date first above written. APPROVED: City Manager APPROVED AS TO FORM: Senior Asst. City Attorney Attachments: EXHIBIT "A": EXHIBIT "B": EXHIBIT "C": SCOPE OF SERVICES PROJECT SCHEDULE COMPENSATION TURNER CONSTRUCTION COMPANY BY:~~ T~ Name: ~~ J. Prr. fndt Title: VUL {Jr4.'} O\~. July 21, 2011 Page 2 of21 EXHIBIT" A" SCOPE OF SERVICES 1. INTRODUCTION In November 2008, voters approved Measure N, which provided for the upgrade, replacement and/or expansion of three libraries in Palo Alto. These libraries are the Downtown Library, the Mitchell Park Library and Community Center (MPLCC) and the Main Library. Environmental clearance has been completed and approved for the three sites. The design plans, which are currently approximately 50 percent complete, have been reviewed by City boards and commissions and have been presented to the community, although additional public meetings are scheduled. I>owntownLibrafY Improvements to the I>owntown Library, located at 270 Forest Ave, consist primarily of accessibility improvements, code required upgrades, electrical and mechanical systems upgrades, and interior space remodeling. The estimated 2008 construction cost was $2.4 million which was based upon 35% completed plans. The construction cost estimate excludes d'esign costs, contingency, inflation escalation, permits, testing, fixtures and furnishing. Environmental clearance has been completed and approved for the project. The Downtown Library will not be a certified LEED building but will follow the City's Green Building Policy and submittal requirements. Mitchell Park LibrafY and Community Center The existing Mitchell Park Library building is located at 3700 Middlefield Road and the adjacent Community Center building is located at 3800 Middlefield Road. The existing library building is less than 10,000 square feet. The existing community center building is approximately 10,000 square feet. Construction will entail demolition and removal of the existing buildings and parking lots, construction of a combined library and community center building and associated site amenities including parking. The new building'S total area will be approximately 51,000 square feet, of which 36,000 square feet will be a two-story library and 15,000 square feet will be a single-story community center around a heritage oak tree. The 2008 estimated construction cost was $28.1 million which was based upon the 35% plan design. The construction cost estimate excludes design costs, contingency, inflation escalation, permits, testing, fixtures and furnishing. The MPLCC will be designed to U.S. Green Building Council's Leadership in Energy Efficiency and I>esign (LEEI> ®) Gold standard. I>uring construction, the library services and the community center will be relocated to a temporary facility or facilities. Design of the temporary facility is underway and construction management services for that facility will be performed by Public Works staff. Main Library (Potential Future Phase) Construction management services for the Main Library are not included at this time, as design of improvements to the Main Library will not begin until approximately early 2011. The City reserves the right to negotiate a fee for and enter into a contract (amendment) with Turner Construction Company (hereinafter "Consultant") for these services, or to issue a new Request for Proposals for the services. July 21, 2011 Page 3 of21 The Main Library, located on Newell Road, will have both an interior renovation and an expansion. The renovation to the existing historic structure will consist of seismic, accessibility, and systems upgrades as well as minor expansions and reconfigurations. In addition, a detached building of approximately 4,500 square feet will be constructed. The 2008 estimated construction cost was $9 million which was based upon the 35% plan design. The construction cost estimate excludes design costs, contingency, inflation escalation, permits, testing, fixtures and furnishing. 2. SCOPE OF SERVICES All work described below will be done in conjunction with the City's ongoing review and approval process for the projects described above. The Consultant's services shall include full Construction Management Services as required to assist staff in the management of the design and construction of the above projects. If at any time, the City is not satisfied with the performance of Consultant's staff, the City reserves the right to request the services of a different individual. If for any reason the Consultant proposes a change of staffing during the course of the project, the City reserves the right to approve any new staff. Additional Services must be approved in advance of services, in writing, by the City Project Manager. Office space, computers, cell phones, furnishings and other equipment needed for Consultant's staff shall be provided by the Consultant. These costs shall be included in the Consultant fee proposal. Downtown Library Phase I -Design Phase Staff support for this library will be primarily by City staff. During the design phase, Consultant services are primarily required for specialty (mechanical, electrical) and for pre-qualifiction of contractors and key subcontractors. A. Preconstruction Document and Constructability review Consultant shall: • become familiar with the project history, plans, and specifications. • review plans, specifications and cost estimates submitted for City review. Review by Consultant shall be performed by engineers or contractors who have experience in relevant fields. Review of documents shall be done at the current and 100% completion stage of Design Development and at 60%, 95% and 100% of Construction Development. • provide a constructability review for the project documents and make appropriate cost and/or time-savings recommendations to the City. • provide an independent opinion of probable cost. • analyze and document the costs and benefits associated with combining construction of the Downtown Library with the MPLCC. • coordinate as-needed and directed with the ArchitectlEngineers (AE) firm, City staff, City boards and commission members, and community members. July 21, 2011 Page 4 of21 • assist the City's Contracts Manager with the preparation of the "Instructions to Bidders" which will define the scope of work that must be included in the bid packages and other related bid documents needed to ensure a complete bid package. The AE will prepare technical specifications. • become familiar with the various City department functions and requirements for project coordination. Contractor and Key Subcontractor Pre qualification Prior to the construction bid phase, the Consultant shall prepare, and obtain approval from the City of Palo Alto, to advertise forms required for Contractor and key subcontractor Pre qualification. Consultant shall administer the feedback from same, including but not limited to: answering questions from contractors and subcontractors, coordinating responses with the City's Purchasing Division, preparing spreadsheets or other documentation necessary to compile and compare contractor responses, preparing a recommended bidder's list with a brief report summarizing findings, assisting in representing the City in any subsequent hearings challenging the validity of the results and any follow-up documentation resulting from said hearings. The City Purchasing Division will verify Consultant's recommendation in order to finalize the decision. Additional Services Additional Services include, but are not limited to, attendence at meetings, value engineering, calculations and reimbursable expenses not included in the base fee. Phase II -Construction Phase Services -Downtown Library A. Turner Staff Services General: Consultant shall be the point of contact for the project's contractor (Contractor), and shall endeavor to enforce compliance with all of Contractor's contractual requirements, as follows: Daily Construction Management: Consultant shall oversee the day-to-day construction work performed by the Contractor. Consultant shall track the construction process, logistics, Request For Information (RFI), Change Order (CO) and other information or requests. Consultant shall oversee the construction activities and ensure that all aspects of LEED ® construction requirements are followed and documented and shall work closely with the project's Commissioning Agent and design consultant, Group 4 Architecture (ARCHITECT), in that regard. City shall approve Additional Services requests and other items that are part of the City's contract with the ARCHITECT firm. Consultant shall work with the Contractor and any involved parties to implement logistical and communications measures to minimize any impacts to the nearby residential neighborhood, park, fire station, and the various pre-school, elementary, middle, special needs, and charter schools on that block. Consultant shall implement expeditious methods for resolving conflicts. Consultant shall handle the coordination between the City staff, Contractor, and ARCHITECT. If night time, holiday or weekend work is required periodically to minimize impacts or due to delay in schedule, Consultant services shall still be required in full effect, but will be compensated as additional services, for costs incurred. Consultant shall assume that the third Monday in January (Martin Luther King Day), the second Monday in October (Columbus Day) July 21, 2011 Page 5 of21 and November 11 (Veteran's Day) of each year shall be a working day for the contractor and for the Consultant. December 24 (Christmas Eve) and the Friday following Thanksgiving Day (the fourth Thursday in November) shall also be considered to be regular working days. Consultant shall install, advertise, and maintain a hot-line for community updates, questions, and complaints. Advertisement, equipment and other related costs shall be included in the Reimbursables cost section below. Consultant shall liaison with City staff and assist Contractor as-needed in the connection of a Contractor-installed video camera(s) that will be connected to a website to monitor site progress. Documentation: Consultant shall oversee and manage the Contractor's preparation and/or review of all necessary documentation for the project including, but not limited to, daily logs and inspection progress reports, photos/videos, RFI, correspondence, shop drawings, and other contractor submittals. Consultant shall maintain all files and documentation related to managing the project. Consultant shall track all RFI, correspondence, and submittal status. Responses, approvals, and decisions relative to Contractor's documents shall be provided in a timely manner and as required in the construction documents. Consultant shall review and comment on any project-related correspondence as requested by the City. Routine correspondence that is related to product information or minor design issues may be prepared and answered by Consultant on its letterhead, with a copy of the response directed to PM and ARCHITECT. Correspondence requiring City response, including but not limited to correspondence with residents, cost or contractual issues, may be drafted by Consultant but shall be signed only by City. Submittals: Consultant shall manage, log and track all project submittals (i.e. shop drawings, product information, substitution request, and samples) for approval in timely manner as required by the construction documents and in order to prevent any delays to the project. Comments from different reviewers of the submittal shall be compiled before being returned to the Contractor for revisions. All submittals shall be sent directly between the Contractor and the Design team, with copies, documentation and management reports submitted to and managed by the Consultant. Construction Schedule: Consultant shall review the Contractor's construction schedule. Consultant shall analyze, monitor, and request updates for the master schedule as the project progresses. Consultant shall analyze the schedule for logical construction, constraints, level of critical activities and to verify progress in conjunction with the analysis of pay applications. Consultant shall review Contractors' individual Critical Path Method (CPM) schedules, monitor the contractor's progress, notify the City of any slippage, and coordinate contractor recovery plans. Progress Payments: Consultant shall review progress payment requests submitted by Contractor, within five (5) days of receipt and verify the accuracy and percentage of completion against the schedule, and resolve any discrepancies in the invoices. Consultant shall review the invoices and backup for completeness and compliance with contract documents and make a recommendation to PM for payment of the progress payment requests. Change Order Monitoring and Processing: Consultant shall review and evaluate all Contractor extra work requests. Consultant shall review the contract documents to determine entitlement, complete an independent estimate of the cost of the changes, and reconcile with the contractor's change order request. Consultant shall prepare contract change order authorizations for City July 21, 2011 Page 6 of21 approval and track all scope and schedule changes. Consultant shall also implement expeditious methods for resolving conflicts. Claims: Consultant shall analyze any claims from the contractors (i.e., compensation and delay) as to whether they are excusable, inexcusable, or compensable and prepare a response for City. Meetings: Throughout the construction process, Consultant shall be prepared to address comments and concerns of the construction contractors, ARCHITECT, PM, the City Staff, and the general public on an as-needed basis. Consultant shall set up and conduct weekly progress meetings and any other meetings necessary to facilitate the project work. Consultant shall write and distribute the meeting agendas, and meeting minutes, including: City-Consultant meetings, regular site meetings, and meetings with the City staff, contractors, various City departments, and also the public. The meeting minutes will explicitly track who has the responsibility for each action item with expected completion dates. Consultant shall coordinate the logistics related to a ground-breaking and to a ribbon-cutting ceremony, including working with committees, identifying power sources, etc. Costs for beverages, materials, photographs shall not be the responsibility of the Consultant. Soils-related testing shall be under the Consultant's . contract. Physical oversight of the geotechnical aspects of the construction project shall be contracted by the ARCHITECT firm. Miscellaneous: Consultant shall monitor Contractor's compliance in general with the construction documents and contract. Consultant shall address comments and concerns of the contractors and the ARCHITECT as needed. During construction, the Consultant's office space shall be provided, maintained and removed by the Contractor, including offices, furniture and office equipment. Quality Control and Assurance: Consultant shall monitor and document the Contractors' work for any deviations in scope, schedule, or performance and keep the City informed of and assist in resolving any issues that may arise. Record Drawings: Consultant shall coordinate the preparation of record drawings with the Contractors and ARCHITECT on a regular basis, both during the construction and post construction phases, and review the drawings for "as-built" accuracy. Training: Consultant shall set up and coordinate contractor-provided training of City staff as required by the contract documents and as necessary to ensure that the appropriate City personnel are adequately trained and familiar with the new equipment and systems. Commissioning: Consultant shall work with the commissioning agent, design consultants, and the Contractors to ensure that all new equipment have been installed in accordance with the contract documents, are working properly as stand-alone equipment, and are working properly as part of a complete system. Substantial Completion: As per the construction contract, once the Contractor requests substantial completion and it is determined to be warranted, Consultant shall prepare and compile a project punch list with the assistance from the City and ARCHITECT to be forwarded to the Contractor. Consultant shall oversee the completion of the punch list items before the final notice of completion is issued. July 21, 2011 Page 7 of21 As-Built drawings shall be scanned by Consultant for archiving by City. Close Out: Consultant shall ensure completion and delivery of all required close out documentations including operation and maintenance (O&M) manuals, record drawings, and warranties. Consultant shall review all these materials for compliance with the contract documents and for completeness, and report any deficiencies or discrepancies to Contractor for corrections and re-submittal. Consultant shall work under the direction of the Project Manager to resolve any contract claim issues that may arise (stop work notices, bonding, delays, extra work, etc). Files: Consultant shall consolidate and deliver all project files and documentation maintained to be retained by the City B. Testing Laboratories and Special Inspections: Testing and Special Inspections: A testing agency shall be under contract with and paid for by the Consultant. Consultant shall coordinate with the Contractor in scheduling the testing agency services for materials testing and special inspections needed for the life of the project. This testing includes, but is not limited to, collecting and running geotechnical tests, concrete strength and weld inspection. Consultant shall ensure that all required sign-offs are reviewed and distributed and are in compliance with the specifications and the California' Building Codes. Geotechnical Engineering is included by the Architect, and is not included by the Consultant. C. Electronic Documents: Electronic Documents: Consultant shall provide electronic, fully addressable and cross referenced electronic document filing system. It will be developed and used as the project filing system during construction and will be updated with all closeout documentation, and cross referenced for simple search and retrieve functionality for all project documentation for City's use after construction. Consultant will provide Labor to input all documentation, and to train City in the use and access to all electronic project files. Any monthly service fees shall be included herein and not in Reimbursables. D. Additional Services: Additional Services: Include, but are not limited to, additional meetings, additional public outreach, unforeseen testing or inspection needs. E. Reimbursables: Reimbursables: Travel and meal expenses shall not be Reimbursable items but shall be considered as included in the fee for associated work items. Any temporary trailers, computers, copiers, printers and office supplies are not considered as a Reimbursable expense, but will be provided to the Consultant under the Contractor's Contract. City may, at its option, provide working space and computer connection for Consultant. Printing of plans and specifications shall be paid by City. Consultant shall, at the direction of the Project Manager, install, advertise, and maintain a hot- line for community updates, questions, and complaints. Printing of flyers, presentation boards, advertisement, equipment and other related outreach material costs shall considered a Reimbursable expense, the cost for which shall be approved in writing in advance by the Project July 21, 2011 Page 8 of21 Manager. Phase III-Post Construction Services -Downtown F. Post Construction Services Post Construction and Warranty Services: Consultant shall meet with Library, Community Services and Public Works staff (Staff) monthly for three months commencing after the building is open to the public in order to complete any remaining punch-list items and/or to contact the Contractor for any warranty issues that might arise. After the initial three month period, Consultant shall contact the Staff quarterly for a period of nine months to determine whether any new building or systems issues have been identified. Systems deficiencies that cannot be resolved by the Contractor shall be reported to the Commissioning Agent. Commissioning Verification: Consultant shall participate in the post-construction activities of the Commissioning Agent as follows: Participate in an off-season testing (Le., testing the heating system prior to winter) session and work with the Contractor to correct any deficiencies. Compile the final testing documentation for the Commissioning Record and O&M manuals. Return to the site at month 10 of the 12 month warranty period and review operating conditions with City facility staff and the Commissioning Agent in order to identify any outstanding issues related to the original and seasonal commissioning. The Commissioning Agent will interview facility staff and identify problems or concerns that they have with operating the building as originally intended. The Commissioning Agent will make suggestions for improvements and for recording these changes in the O&M manuals. The Commissioning Agent will identify areas that may come under warranty or under the original construction contract. The Construction Management Consultant shall work with the Contractor to resolve any warranty issues. Mitchell Park Library and Community Center Phase I -Design Phase A. Preconstruction Document and Constructability review Consultant shall: • become familiar with the project history, plans and specifications • review plans, specifications and prepare cost estimates submitted for City review. Review by Consultant shall be performed by engineers or contractors who have experience in relevant fields. Review of documents shall be done at the current and 100% completion stage of Design Development and at 60%, 95% and 100% of Construction Development. • provide a constructability review for the project documents and make appropriate cost and/or time-savings recommendations to the City. • provide an independent opinion of probable construction cost. • coordinate as-needed and directed with the ArchitectlEngineers (AE) firm, City staff, City boards and commission members and community members. • assist the City's Contracts Manager with the preparation of the "Instructions to Bidders" which July 21, 2011 Page 9 of21 will define the scope of work that must be included in the bid packages and other related bid documents needed to ensure a complete bid package. The AE will prepare technical specifications. • become familiar with the various City department functions and requirements for project coordination. Community Outreach The Consultant shall collect information and prepare community, City Manager, oversight committee, boards and commission and any other needed updates, presentations or reports not provided by the AE. The Consultant shall attend community meetings to update various civic orginazations (Kiwanas, school groups, etc.) or community meetings on the project progress. Fee for this service shall be included in 'Meetings'. Seven public meetings are currently scheduled from Sept 22,2009 through January 26, 2010, however, Consultant shall budget for up to five (5) additional public meetings. Contractor and Key Subcontractor Pregualification Prior to the construction bid phase, the City shall prepare, with City of Palo Alto approval, and advertise forms required for Contractor and key subcontractor Prequalification. Consultant shall administer the feedback from same, including but not limited to: answering questions from contractors and subcontractors, coordinating responses with the City's Purchasing Division, preparing spreadsheets or other documentation necessary to compile and compare contractor responses, prepare a recommended bidder's list with a brief report summarizing findings, assist in representing the City in any subsequent hearings challenging the validity of the results, and any follow-up documentation reSUlting from said hearings. Bidding: Consultant shall organize and manage contractor participation. Consultant shall review the contractor bids for compliance with the technical portions of the bid requirements as set forth in the specifications and make a recommendation for award or rejection. Consultant shall assist with the bid period work items including clarifications, and bid evaluation relative to the contract documen!s. Consultant shall review the subcontractor list for completeness and compliance with the bid documents. The City Purchasing Division will verify Consultant's recommendation in order to finalize the decision. Pre-bid Conference and Pre-construction Meeting: Consultant shall coordinate and facilitate the Pre-bid Conference and Pre-construction Meeting including preparation of the agendas and meeting minutes Addenda: If changes to the construction documents are required during the bidding period, Consultant shall prepare the addenda items with the assistance from the AE. The City will issue the addenda. Budget: Consultant shall work with the City to develop a construction budget format and tracking system. Hazardous Material Abatement: Hazardous materials may be removed from the existing structures prior to their demolition (under City contract) or may be included as part of the construction bid package. Consultant shall assume that the abatement will be done by City contract and Consultant shall prepare, assist in the bidding of and coordinate the remediation contract. A third party consultant shall be employed by the City to survey, test, develop and July 21,2011 Page 10 of21 implement removal procedures, monitor abatement and report. Relocation of Existing Library Services The Consultant shall provide CM Services to support the City of Palo Alto in relocating library services to a temporary facility. It is estimated the move coordination for the Consultant wi11last approximately 3 weeks. Meetings: Throughout the design process, Consultant shall be prepared to address comments and concerns of the contractors interested in bidding on the project, AE, City Staff, boards and commissions and the general public on an as-needed basis. Consultant shall schedule and conduct weekly progress meetings and any other meetings necessary to facilitate the project work. City will provide the administrative support to provide a meeting room and invite attendees. Consultant shall write and distribute the meeting agendas, and meeting minutes, including: City-Consultant meetings, regular site meetings, and meetings with the City staff, contractors, various City departments and also the public. The meeting minutes will explicitly track who has the responsibility for each action item with expected completion dates. Additional Services Additional Services include, but are not limited to, attendence at meetings, value engineering, calculations and reimbursable expenses not included in the base fee. Phase II -Construction Phase Services -MPLCC A. Turner Staff Services General: Consultant shall be the point of contact for the project's contractor (Contractor), and shall endeavor to enforce compliance with all of Contractor's contractual requirements, as follows: Daily Construction Management: Consultant shall oversee the day-to-day construction work performed by the Contractor. Consultant shall track the construction process, logistics, Request For Information (RFI), Change Order (CO) and other information or requests. Consultant shall oversee the construction activities and ensure that all aspects of LEED ® construction requirements are followed and documented and shall work closely with the project's Commissioning Agent and design consultant, Group 4 Architecture (ARCHITECT), in that regard. City shall approve Additional Services requests and other items that are part of the City's contract with the ARCHITECT firm. Consultant shall work with the Contractor and any involved parties to implement logistical and communications measures to minimize any impacts to the nearby residential neighborhood, park, fire station, and the various pre-school, elementary, middle, special needs, and charter schools on that block. Consultant shall implement expeditious methods for resolving conflicts. Consultant shall handle the coordination between the City staff, Contractor, and ARCHITECT. If night time, holiday or weekend work is required periodically to minimize impacts or due to delay in schedule, Consultant services shall still be required in full effect, but will be compensated as additional services, for costs incurred. Consultant shall assume that the third July 21, 2011 Page 11 of21 Monday in January (Martin Luther King Day), the second Monday in October (Columbus Day) and November 11 (Veteran's Day) of each year shall be a working day for the contractor and for the Consultant. December 24 (Christmas Eve) and the Friday following Thanksgiving Day (the fourth Thursday in November) shall also be considered to be regular working days. Consultant shall install, advertise, and maintain a hot-line for community updates, questions, and complaints. Advertisement, equipment and other related costs shall be included in the Reimbursables cost section below. Consultant shall liaison with City staff and assist Contractor as-needed in the connection of a Contractor-installed video camera(s) that will be connected to a website to monitor site progress. Field Inspection and Supervision: For Mitchell Park Library and Community Center, the Consultant, whose title shall be CM Field Superintendent (CMFS), shall maintain a field presence whenever work is under way by the Contractor. The role of the CMFS will be to enforce the Contract daily in the field to ensure that the work is being constructed in compliance with the contract documents, the approved shop drawings, the current RFI answers, etc, and in general, 'to protect the interest of the City of Palo Alto daily in the field. The CMFS will also observe and report daily field problems with respect to quality, cost and schedule. The CMFS will develop and maintain deficiency, incomplete work item, and preliminary punch list reports and will maintain a daily construction report, as the daily history of the project, to include significant jobsite field events that occur each day. The CMFS will not be responsible for means and methods of the general Contractor, nor for safety of any of the contractor's employees, but will have the authority, but not the responsibility, to observe and report concerns with regard to such issues. Documentation: Consultant shall oversee and manage the Contractor's preparation and/or review of all necessary documentation for the project including, but. not limited to, daily logs and inspection progress reports, photos/videos, RFI, correspondence, shop drawings, and other contractor submittals. Consultant shall maintain all files and documentation related to managing the project. Consultant shall track all RFI, correspondence, and submittal status. Responses, approvals, and decisions relative to Contractor's documents shall be provided in a timely manner and as required in the construction documents. Consultant shall review and comment on any project-related correspondence as requested by the City. Routine correspondence that is related to product information or minor design issues may be prepared and answered by Consultant on its letterhead, with a copy of the response directed to PM and ARCHITECT. Correspondence requiring City response, including but not limited to correspondence with residents, cost or contractual issues, may be drafted by Consultant but shall be signed only by City. . Submittals: Consultant shall manage, log and track all project submittals (i.e. shop drawings, product information, substitution request, and samples) for approval in timely manner as required by the construction documents and in order to prevent any delays to the project. Comments from different reviewers of the submittal shall be compiled before being returned to the Contractor for revisions. All submittals shall be sent directly between the Contractor and the Design team, with copies, documentation and management reports submitted to and managed by the Consultant. Construction Schedule: Consultant shall review the Contractor's construction schedule. Consultant shall analyze, monitor, and request updates for the master schedule as the project progresses. Consultant shall analyze the schedule for logical construction, constraints, level of July 21, 2011 Page 12 of21 critical activities and to verify progress in conjunction with the analysis of pay applications. Consultant shall review Contractors' individual Critical Path Method (CPM) schedules, monitor the contractor's progress, notify the City of any slippage, and coordinate contractor recovery plans. . Progress Payments: Consultant shall review progress payment requests submitted by Contractor, within five (5) days of receipt and verify the accuracy and percentage of completion against the schedule, and resolve any discrepancies in the invoices. Consultant shall review the invoices and backup for completeness and compliance with contract documents and make a recommendation to PM for payment of the progress payment requests. Change Order Monitoring and Processing: Consultant shall review and evaluate all Contractor extra work requests. Consultant shall review the contract documents to determine entitlement, complete an independent estimate of the cost of the changes, and reconcile with the contractor's change order request. Consultant shall prepare contract change order authorizations for City approval and track all scope and schedule changes. Consultant shall also implement expeditious methods for resolving conflicts. Claims: Consultant shall analyze any claims from the contractors (Le., compensation and delay) as to whether they are excusable, inexcusable, or compensable and prepare a response for City. Meetings: Throughout the construction process, Consultant shall be prepared to address comments and concerns of the construction contractors, ARCHITECT, PM, the City Staff, and the general public on an as-needed basis. Consultant shall set up and conduct weekly progress meetings and any other meetings necessary to facilitate the project work. Consultant shall write and distribute the meeting agendas, and meeting minutes, including: City-Consultant meetings, regular site meetings, and meetings with the City staff, contractors, various City departments, and also the public. The meeting minutes will explicitly track who has the responsibility for each action item with expected completion dates. Consultant shall coordinate the logistics related to a ground-breaking and to a ribbon-cutting ceremony, including working with committees, identifying power sources, etc. Costs for beverages, materials, photographs shall not be the responsibility of the Consultant. Consultant shall, at the direction of the Project Manager, install, advertise, and maintain a hot- line for community updates, questions, and complaints. Printing of flyers, presentation boards, advertisement, equipment and other related outreach material costs shall considered a Reimbursable expense, the cost for which shall be approved in writing in advance by the Project Manager. Miscellaneous: Consultant shall monitor Contractor's compliance in general with the construction documents and contract. Consultant shall address comments and concerns of the contractors and the ARCHITECT as needed. During construction, the Consultant's office space shall be provided, maintained and removed by the Contractor, including offices, furniture and office equipment. Ouality Control and Assurance: Consultant shall monitor and document the Contractors' work for any deviations in scope, schedule, or performance and keep the City informed of and assist in resolving any issues that may arise. July 21, 2011 Page 13 of21 Record Drawings: Consultant shall coordinate the preparation of record drawings with the Contractors and ARCHITECT on a regular basis, both during the construction and post construction phases, and review the drawings for "as-built" accuracy. Training: Consultant shall set up and coordinate contractor-provided training of City staff as required by'the contract documents and as necessary to ensure that the appropriate City personnel are adequately trained and familiar with the new equipment and systems. Commissioning: Consultant shall work with the commissioning agent, design consultants, and the Contractors to ensure that all new equipment have been installed in accordance with the contract documents, are working properly as stand-alone equipment, and are working properly as part of a complete system. Substantial Completion: As per the construction contract, once the Contractor requests substantial completion and it is determined to be warranted, Consultant shall prepare and compile a project punch list with the assistance from the City and ARCHITECT to be forwarded to the Contractor. Consultant shall oversee the completion of the punch list items before the final notice of completion is issued. Close Out: Consultant shall ensure completion and delivery of all required close out documentations including operation and maintenance (O&M) manuals, record drawings, and warranties. Consultant shall review all these materials for compliance with the contract documents and for completeness, and report any deficiencies or discrepancies to Contractor for corrections and re-submittal. Consultant shall work under the direction of the Project Manager to resolve any contract claim issues that may arise (stop work notices, bonding, delays, extra work, etc). As-Built drawings shall be scanned by Consultant for archiving by City. Files: Consultant shall consolidate and deliver all project files and documentation maintained to be retained by the City. Additional Services: Include, but are not limited to, additional meetings, additional public outreach, unforeseen testing or inspection needs. Reimbursables: Travel and meal expenses shall not be Reimbursable items but shall be considered as included in the fee for associated work items. Temporary trailers, computers, copiers, printers and office supplies are not considered as a Reimbursable expense, but will be provided to the Consultant under the Contractor's Contract. Printing of plans and specifications shall be paid by City. Printing of flyers, presentation boards, telephone hotlines and other communication materials needed to fulfill outreach as described herein shall be budgeted for and provided as a Reimbursable item by Consultant. Job site safety fencing is a reimbursable expense. B. Testing and Special Inspections Testing and Special Inspections: A testing agency shall be under contract with and paid for by the Consultant. Consultant shall coordinate with the Contractor in scheduling the testing agency services for materials testing and special inspections needed for the life of the project. This testing includes, but is not limited to, collecting and running geotechnical tests, concrete strength and weld inspection. Consultant shall ensure that all required sign-offs are reviewed and July 21, 2011 Page 14 of21 distributed and are in compliance with the specifications and· the California Building Codes. Geotechnical In~pections are included by the Architect, and are not included by the Consultant. Building Code Inspection Services -Mitchell Park Library and Community Center: Consultant shall provide all building code inspection services for construction phases for the Mitchell Park Library and Community Center. Inspectors shall have a minimum of 5 years of experience as inspectors and be certified by the International Code Council (ICC) or International Building Code Officials (IBC) as inspectors. The City reserves the right to review the qualifications of the inspectors, approve their working on the project, and to request a change of inspectors at any time. Soils-related testing shall be under the Consultant's contract. Physical oversight of the geotechnical aspects of the construction project shall be contracted by the ARCHITECT firm. C. -Electronic Documentation and Photograph Recording Electronic Documents: Consultant shall provide electronic, fully addressable and cross referenced electronic document filing system. It will be developed and used as the project filing system during construction and will be updated with all closeout documentation, and cross referenced for simple search and retrieve functionality for all project documentation for City's use after construction. Consultant will provide Labor to input all documentation, and to train City in the use and access to all electronic project files. Any monthly service fees shall be included herein and not in Reimbursables. Project Documentation -Photographic Record: Based upon a build period of twenty three (23) months, provide a photographic pre-construction site-survey of existing conditions; twenty three (23) maximum exterior progressions; interior progressions; six (6) maximum interior mechanical, electrical and plumbing; pre-concrete slab pour; exterior elevation, including window-flashing and waterproofing; three (3) maximum roofing exact built showing the roof at various stages of the project; and finished condition prior to occupancy. All documentation shall include consultations with City identifying project-specific needs, appropriate photographic intervals, schedules, determination of optimal locations based on the site plans, a representative number of digital photographs at such intervals and for such durations and at the specified milestones; linking each photo set to the appropriate location on the site plans and floor plans; online web hosting of the documentation on the Multivista website for the construction period covered by the documentation and for a minimum period of I-year thereafter; password protected access to the documentation and two CD or DVD ROM copies of the entire documentation upon completion. D -Extended Construction Duration Provide Construction Phase services for extended construction duration, if not caused by the CONSULTANT. Services in this category are to be provided and compensated only with the approval of the CITY Project Manager. Schedule C includes 30 working days of extended duration. Phase III: Post Construction Services A -Turner Staff Services: July 21, 2011 Page 15 of21 Post Construction and Warranty Services: Consultant shall meet with Library, Community Services and Public Works staff (Staff) monthly for three months commencing after the building is open to the public in order to complete any remaining punch-list items and/or to contact the Contractor for any warranty issues that might arise. After the initial three month period, Consultant shall contact the Staff quarterly for a period of nine months to determine whether any new building or systems issues have been identified. Systems deficiencies that cannot be resolved by the Contractor shall be reported to the Commissioning Agent. Commissioning Verification: Consultant shall participate in the post-construction activities of the Commissioning Agent as follows: Participate in an off-season testing (i.e., testing the heating system prior to winter) session and work with the Contractor to correct any deficiencies. Compile the final testing documentation for the Commissioning Record and O&M manuals. 12 Month Warranty Follow Up: Return to the site at month 10 of the 12 month warranty period and review operating conditions with City facility staff and the Commissioning Agent in order to identify any outstanding issues related to the original and seasonal commissioning. The Commissioning Agent will interview facility staff and identify problems or concerns that they have with operating the building as originally intended. The Commissioning Agent will make suggestions for improvements and for recording these changes in the O&M manuals. The Commissioning Agent will identify areas that may come under warranty or under the original construction contract. The Construction Management Consultant shall work with the Contractor to resolve any warranty issues. MAIN LIBRARY Phase I -Design Phase -Main Library A.l -Turner Staff Services for Temporary Library (Conceptual Design Phase Only) The ARCHITECT will research a location for a temporary Main Library site for use during the construction of the Main Library renovation and expansion. The temporary Main Library would consist of a space approximately 8,000 to 10,000 square feet. The ARCHITECT will develop schematic electrical and mechanical plans, floor plans, signage landscaping and cost estimates for said facility. The Consultant shall participate and assist in the selection of a temporary Main Library site, review and comment on designs prepared by ARCHITECT and prepare independent construction cost estimates. Consultant shall attend meetings with staff and ARCHITECT, which include two (2) technical meetings and three (3) project management team meetings. Fee for these meetings shall be included in the cost for the Temporary Main Library item. Detailed design on any temporary library will not proceed until Council reviews and approves the cost, size, location and other information related to the temporary library. If Council approves completing the design of a temporary library, a scope and fee will be negotiated with Consultant for services related to oversight of the design phase. A.2 -Turner Staff Services for permanent Main Library July 21, 2011 Page 16 of21 Design of the Main Library expansion and renovation is anticipated to begin in mid to late 2010 or early 2011 Consultant shall provide three (3) construction cost estimates: One at 100% Schematic Design, one at 100% Design Development and one at 50% Construction Documents. Consultant shall perform constructability and design document review at the Design Development Phase Consultant shall develop and grade pre-qualification forms, attend any protest hearings and defend findings . . Consultant shall review overall project schedule and budget development and update same. Contractor Prequalification Prior to the construction bid phase, the Consultant shall prepare,and obtain approval from the City of Palo Alto, to advertise forms required for Contractor Prequalification. Consultant shall administer the feedback from same, including but not limited to: answering questions from contractors and subcontractors, coordinating responses with the City's Purchasing Division, preparing spreadsheets or other documentation necessary to compile and compare contractor responses, preparing a recommended bidder's list with a brief report summarizing findings, assisting in representing the City in any subsequent hearings challenging the validity of the results and any follow-up documentation resulting from said hearings. The City Purchasing Division will verify Consultant's recommendation in order to finalize the decision. Additional Services Additional Services include, but are not limited to, attendence at meetings, value engineering, calculations and reimbursable expenses not included in the base fee. Phase II -Construction Phase Services (Potential Future Phase) -Main Library Services and Fee for Construction Administration services may, at the City's sole discretion, be negotiated prior to the start of construction for the Main Library. July 21, 2011 Page 17 of21 EXHIBIT "C" (page 1 of 3) 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-l up to the not to exceed budget amount for each task set forth below. For Subconsultants, such as Inspections, special inspections, electronic document services, and photographic documentation services, the CITY agrees to compensate the CONSULTANT for 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 actual cost of the sub consultant, plus a fee of 5%, 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 Exhjbit "A" ("Basic Services") and reimbursable expenses shall not exceed $3,254,337,00 .. 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 $3,783,745.00. Any work performed or expenses incurred for which payment would result in a t6talexceediiigthe lllaxil11umamourifbf compensation set forth herein shall beat 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 $3,254,337.00 and the total compensation for Additional Services does not exceed $529,408.00 . July 21, 2011 Page 19 of21 EXHIBIT "C" (page 2 of 3) COMPENSATION DESCRIPTION: NOT TO EXCEED AMOUNT BASIC SERVICES Downtown Library Phase I -Design Phase A Pre-construction Phase Downtown Library Phase II -Construction Phase A Turner Staff Services B Testing and Special Inspections C Electronic Documents Downtown Library Phase III Post Construction & Warranty Phase F Turner Staff Services TOTAL DOWNTOWN LIBRARY BASIC SERVICES Mitchell Park Phase I Design Phase A Preconstruction Mitchell Park Phase II Construction Phase A Turner Staff Services B Testing and Special Inspections C Electronic Documents & Photo Recording D Extended Construction Duration Mitchell Park Phase III Post-Construction Phase A Turner Staff Services TOTAL MITCHELL PARK BASIC SERVICES Main Library Phase I $17,545 $345,000 $12,000 $20,000 $10,000 $404,545 $107,292 $1,835,000 $445,000 $135,000 $115,000 $45,000 $2,682,292 . (Design Phase for Main Library & Concept Design Phase for Temporary Main Library) A.l A.2 Turner Staff Services -Temporary Library for Main Turner Staff Services -Permanent Main Library TOTAL MAIN LIBRARY BASIC SERVICES (Design Phase Only) ALLOWANCE FOR REIMBURSABLE EXPENSES DT Library (not to exceed) MP Library (not to exceed) Main Library Total Allowance for Reimbursables TOTAL BASIC SERVICES (including Allowance for Reimbursables July 21, 2011 $15,000 $90,500 $105,500 $5,000 $55,000 $2,000 $62,000 $3,254,337 Page 20 of21 EXHIBIT "C" (Page 3 of 3) COMPENSATION DESCRIPTION: NOT TO EXCEED AMOUNT ADJ>ITIONAIJ SERVICES: ALLOWANCE FOR ADDITIONAL SERVICES-Not to Exceed DTLibrary MPLCC Main Library TOTAL ALLOWANCE FOR ADDITIONAL SERVICES TOTAL NOT TO EXCEED COMPENSATION REIMBURSABLE EXPENSES $42,632 $476,026 $10,750 $529,408 $ 3.783.745 The administrative, overhead, secretarial time or secretarial overtime, word processing, photocopying, in-house printing, insurance and other ordinary business expenses are included within the scope of payment for services and are not reimbursable expenses. 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. July 21, 2011 Page 21 of21 1 110829 sm 010 AMENDMENT NO. 5 TO CONTRACT NO. C09130744 BETWEEN THE CITY OF PALO ALTO AND GROUP 4 ARCHITECTURE, RESEARCH + PLANNING INC. This Amendment No. 5 to Contract No. C09130744 (“Contract”) is entered into on ___ of September, 2011, 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 California corporation, located at 211 Linden Avenue, South San Francisco, CA 94080 (“CONTRACTOR”). R E C I T A L S: WHEREAS, the Contract was entered into between the parties for the provision of design services forthe Mitchell Park Library and community center, rehabilitation of the Downtown Library, Main Libraries, and Community Center, and provide temporary facilities during the construction of the other projects; and WHEREAS, the parties wish to amend the Contract to add funding for additional services; NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this Amendment, the parties agree: Section 1. Section 4 of the Contract,. Not to exceed compensation. is hereby amended to read as follows: “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 Seven Million Six Thousand One hundred Eighty-Nine Dollars ($7,006,189). In the event Additional Services are authorized, the total compensation for services and reimbursable expenses shall not exceed same ($7,902,421). The applicable rates and schedule of payment are set out in Exhibit “C-1”, entitled “HOURLY RATE SCHEDULE,” which is attached to and made a part of this Agreement.” Section 2. The following exhibits to the Contract are hereby amended to read as set forth in the attachments to this Amendment, which are incorporated in full by this reference: a. Exhibit “A” entitled “Scope of Work Mitchell Park Library/Community Center, Renovation of the Downtown Library, Renovation and Addition to the Main Library & Temporary Library Design Services”. b. Exhibit “B” entitled “EXHIBIT “B” SCHEDULE OF PERFORMANCE”. c. Exhibit “C” entitled “EXHIBIT “C” COMPENSATION”. Except as herein modified, all other provisions of the Contract, including any exhibits and subsequent amendments thereto, shall remain in full force and effect. CITY OF PALO ALTO CONTRACT NO. C09130744 – AMENDMENT FIVE Professional Services Revised 10/18/07 3 110829 Scope of Work Mitchell Park Library/Community Center, Renovation of the Downtown Library, Renovation and Addition to the Main Library & Temporary Library Design Services I. INTRODUCTION AND GENERAL INFORMATION 1.0 GENERAL INFORMATION 1.1 The “Palo Alto Libraries Schematic Design Report” and drawings, dated May 2008, were prepared by Group 4 Architecture, Research + Planning Inc. (CONSULTANT) for the City of Palo Alto (CITY). These reports include the schematic design documents for three libraries in Palo Alto: the renovation of the Downtown Library, the renovation and addition to the Main Library and the design for the new Mitchell Park Library/Community Center. The building programs for these projects are documented in an earlier Conceptual Design Report also prepared by Group 4 and dated October 2007. The scope of work included in this contract is for preparation of construction documents for the renovation, construction administration, record documents and project closeout for the Downtown Library; the preparation of construction documents, bidding and award, construction administration, record documents and project closeout for the new Mitchell Park Library/Community Center; construction documents for the renovation and construction administration for the Mitchell Park Library Temporary Library Facilities, ; the preparation of construction documents, bidding and award, for the renovation and addition to the Main Library and the preparation of the site analysis and preliminary design for the Temporary Main Library, this work is based on the approved designs for these projects documented in the aforementioned reports. 1.2 The CONSULTANT’s Basic Services shall include: 1.2.1 For the new Mitchell Park Library/Community Center preparation of Design Development Documents, Construction Documents, assistance with Bidding and Award, Construction Administration and Project Closeout Services.. 1.2.2 For the renovation of the Downtown Library programming, budgeting, space planning, Construction Documents, assistance with Bidding and Award, Construction Administration and Record Documents and Project Closeout Services. 1.2.3 For the renovation of the Cubberley Auditorium into the Mitchell Park Temporary Library Construction Documents and Construction Administration Services. CITY OF PALO ALTO CONTRACT NO. C09130744 – AMENDMENT FIVE Professional Services Revised 10/18/07 4 110829 1.2.4 For the renovation and addition to the Main Library - preparation of Design Development Documents, Construction Documents, and assistance with Bidding and Award. 1.2.5 For the Temporary Main Library Site Analysis and Preliminary Design. 1.3 Participation for the projects shall include presentations and meetings as directed by the CITY to the CITY’s Council, Boards and Commissions at appropriate phases in the projects to solicit feedback and comments on the progress of the design(s). 1.4 In selecting the CONSULTANT, the CITY recognizes that the CONSULTANT has qualifications to provide additional planning, architecture, and interior design services including construction phase services specifically related to the renovation and addition of the Main Library and the design documentation for the Temporary Main Library. The CITY, at its discretion, may choose to amend this contract to add these services to the CONSULTANT’s Scope of Services for Additional Compensation if mutually agreed to by the CITY and the CONSULTANT. 2.0 THE PROJECT 2.1 The project includes the new Mitchell Park Library/Community center, the Downtown Library renovation, the Temporary Mitchell Park Library and Library Technical Services Facility, the Main Library renovation and new addition and the site analysis and preliminary design for the Temporary Main Library (collectively, the “Project”). 2.2 The new Mitchell Park Library/Community Center (the “Mitchell Park Project”) is located at 3800 Middlefield Road at the site of the existing Mitchell Park Library and Community Center buildings. The new joint use facility will include a separate 36,254 sf library and a 16,291 sf community center, new parking lots, the realignment of Mayfair Avenue, and associated signal work, and site work. The Mitchell Park Project shall be designed to meet the standards for LEED Gold certification by the US Green Building Council (USGBC). 2.3 The Downtown Library is located at 270 Forest Avenue in downtown Palo Alto. The 9000 square foot building was constructed in 1971. The CITY’s LSMAR and Group 4’s space study recommendations for this branch include a major interior renovation of the building, including its architecture, structure, electrical (power, lighting, data) and mechanical systems. The Downtown Library Project shall be designed to meet the standards for LEED certification by the US Green Building Council (USGBC). 2.4 The Temporary Mitchell Park Library and Technical Services facility is CITY OF PALO ALTO CONTRACT NO. C09130744 – AMENDMENT FIVE Professional Services Revised 10/18/07 5 110829 located at the Cubberley Community Center at 4000 Middlefield Road in the existing Auditorium Building. 2.5 The Main Library is located at 1213 Newell Road in Palo Alto. The original building was designed by Edward Durell Stone and constructed in 1956, then in 1982-84 the building was renovated and a 2,200 square foot addition completed. The project includes the renovation of the existing building structure, mechanical, electrical and interior finishes as well as additions to accommodate a new program room, group study rooms and new public restrooms. The new additions will add approximately 4,200 square feet. The existing Main Library is 21,313 square feet on grade with a 5,000 square foot basement. The Main Library Project shall be designed to meet the standards for LEED certification by the US Green Building Council (USGBC). 2.5.1 In addition to the work described above, the following deferred maintenance items shall be included in the Construction Documents phase of the project: 2.5.1.1 Replace or the existing wood shake roof 2.5.1.2 Replace or provide new site pedestrian paving and site landscaping 2.5.1.3 Replace the existing fire sprinkler system 2.5.1.4 Replace the existing exterior plywood walls at the staff area 2.5.1.5 Replace basement sump pumps 2.5.1.6 Upgrade stormwater treatment system 2.5.1.7 Upgrade parking lot lighting 2.5.1.8 Provide for separate access to the Teen room conference area 2.5.1.9 Outfit the library to function as a broadcast center for the local television station. 2.5.1.10 Develop concepts to analyze the integration of the Art Center and Main Library sites and prepare design documents and cost estimates for the parking lots, pedestrian plaza and landscaping to the south and south east of the library (between the library, Art Center and Community Gardens). CITY OF PALO ALTO CONTRACT NO. C09130744 – AMENDMENT FIVE Professional Services Revised 10/18/07 6 110829 2.6 The Temporary Main Library will be located at a site yet to be determined by the CITY. The work includes site selection services, facility and site option analysis, building programming; budgeting and schematic design. 3.0 CITY DUTIES 3.1 During the term of CONSULTANT’s professional services under this AGREEMENT the following items will be the responsibilities of the CITY: 3.1.1 The CITY’s Project Manager or authorized designee shall manage the CONSULTANT’s performance under the Agreement. CONSULTANT shall receive final direction only from the Project Manager or his or her authorized designee. The Project Manager shall resolve any conflicting direction from other groups, departments or agencies. 3.1.2 The CITY shall provide evaluation, mitigation design and administration of work for hazardous materials at each site and in the existing building. 3.1.3 The CITY shall provide reviews and comment on what may be necessary to complete design milestones, and/or approve completion of design milestones and cost estimates. At the completion of each phase, the CITY shall provide written authorization to the CONSULTANT to proceed to the next phase. Said written authorization shall require the signature(s) of the CITY's Project Manager or his/her authorized designee. 3.1.4 CITY shall provide record drawings of existing project facilities (when available). 3.1.5 CITY shall provide all applicable building permits. 3.1.6 CITY shall provide Division 0 and 1 specifications (front-end), in Microsoft Word format to CONSULTANT for review and comment. 3.1.7 CITY shall print and provide construction contractors with copies of bid documents (Plans and Specifications). 3.1.8 CITY shall advertise and award construction contracts. 3.1.9 CITY shall manage the construction of the Project and provide building code and quality control inspections. 3.1.10 The CITY shall oversee and manage the artist selection process, CITY and artist agreements, artwork approvals, budgets and schedule, coordination of artwork with the building design, and artwork installation. CITY OF PALO ALTO CONTRACT NO. C09130744 – AMENDMENT FIVE Professional Services Revised 10/18/07 7 110829 3.1.11 The CITY may prequalify general contractors and key subcontractors and limit bidding to only those firms that have been deemed by the CITY to be qualified. CITY shall actively market the project to general contractors and major trades to increase likelihood of receiving competitive bids. 3.1.12 The CITY shall manage all construction and procurement contracts related to the overall project and shall oversee and coordinate each of the budgets. Within the overall project budget the CITY shall determine with input from the CONSULTANT the specific budgets for each of the procurement contracts including, but not limited to: Site development Site preparation Building and garage construction Furniture procurement, including multiple contracts for custom, general, systems and miscellaneous furniture Construction management services Public art Moving Publicity Computer systems Telecommunication systems. 3.1.13 CITY shall identify, select and procure all equipment such as copy machines, vending machines, miscellaneous office equipment, etc. that is not included in the technology package. 4.0 CONSULTANT’S DUTIES The CONSULTANT shall keep the Project Manager updated on the status of the Project including but not limited to reviewing the Project schedule and budget, suggesting changes and identifying significant milestones and duration of major tasks needed to complete the work in its entirety, including work components not identified in the CONSULTANT’s scope of services. The CONSULTANT shall periodically update the Project Manager on the validity and responsiveness of the information furnished by the CONSULTANT and its various subconsultants under this agreement, including the schedule requirements and the budget for the cost of the Project. The CONSULTANT shall periodically review such information and advise the Project Manager of any additional or updated information that may be required. II. CONSULTANT’S BASIC SERVICES The CONSULTANT’s scope of basic services for the CITY OF PALO ALTO CONTRACT NO. C09130744 – AMENDMENT FIVE Professional Services Revised 10/18/07 8 110829 Project is divided into six parts: Basic Services for the Mitchell Park Project; Basic Services for the Downtown Library Project; Basic Services for the Temporary Mitchell Park Library Project, Basic Services for the Main Library; Basic Services for the Temporary Main Library and Participation Services 1.0 MITCHELL PARK PROJECT 1.1 GENERAL 1.1.1 The CONSULTANT’s Basic Services for the New Mitchell Park Library/Community Center (“Mitchell Park Project”) consist of five Tasks: Task D1 Design Development; Task E1 Construction Documents; Task F1 Bidding and Award; Task G1 Construction Administration and Task H1 Record Documents and Project Closeout. 1.1.2 The CONSULTANT’s Basic Services include the services of a civil engineer, structural engineer, mechanical engineer, electrical engineer/lighting designer, landscape architect, cost consultant, audio visual/acoustical engineer, energy analysis engineer, commissioning agent, and library programmer. 1.1.3 The CITY intends that the Mitchell Park Project shall be designed to meet the standards for LEED Gold or higher certification by the USGBC. 1.1.3.1 CONSULTANT shall design the Mitchell Park Project to meet the requirements for LEED V2.2 certification at the Gold or higher level. 1.1.3.2 CONSULTANT shall provide LEED project management services needed for the CITY to obtain LEED certification of the Mitchell Park Project, develop specifications consistent with LEED and the CITY’s policies, and provide the templates, documentation, calculations, and energy modeling studies necessary to obtain LEED certification. 1.1.3.3 CONSULTANT shall include a LEED accredited professional on the design team to support Project Sustainable Building/ Green Building design criteria as required to achieve LEED certification. 1.1.3.4 CONSULTANT shall include in the construction documents appropriate provisions requiring the CITY OF PALO ALTO CONTRACT NO. C09130744 – AMENDMENT FIVE Professional Services Revised 10/18/07 9 110829 contractor to meet the requirements for CITY’s submittal to USGBC for LEED Gold certification. 1.2 TASK D1: MITCHELL PARK PROJECT DESIGN DEVELOPMENT 1.2.1 CONSULTANT shall coordinate and manage its subconsultants throughout the Design Development phase and coordinate with the Project Manager or authorized designee, key departments, including but not limited to CITY’s Building, Public Works, and Engineering staff. 1.2.2 CONSULTANT shall prepare, refine and update project design schedule which identifies all major tasks, key milestones, key meetings, submittal dates and review periods for the CITY’s review and comment. CONSULTANT shall provide updated design schedule at the beginning of each project phase. 1.2.3 CONSULTANT shall prepare Design Development documents based on refinement and further development of the approved schematic design, including preliminary furniture layouts, built-in fixtures, and equipment selections. 1.2.4 CONSULTANT shall refine design development plans based on comments received from the CITY’s review of the 100% SD and 50% DD submittal. 1.2.5 CONSULTANT shall prepare estimates of probable construction cost for review by CITY in association with the 50% and the 100% Design Development submittals. 1.2.6 CONSULTANT shall have the Mitchell Park Project’s LEED commissioning agent review the design, back-check review comments, and develop a commissioning plan, specifications, and checklists. 1.2.7 CONSULTANT shall meet with the CITY to review the estimate of probable construction cost and to confirm that the design is still within the CITY’s approved construction budget. Should the design not be within the budget, CONSULTANT shall revise the design as directed by the Project Manager or her authorized designee at no additional fee to bring the design within the approved budget. 1.2.8 CONSULTANT shall provide all other normal and customary services related to Design Development that the CONSULTANT, the Project Manager or her authorized designee finds necessary or that will lead toward the timely delivery of other phases of work in this Agreement. CITY OF PALO ALTO CONTRACT NO. C09130744 – AMENDMENT FIVE Professional Services Revised 10/18/07 10 110829 1.2.9 Meetings 1.2.9.1 CONSULTANT shall attend and coordinate up to seven (7) PMT meetings, two (2) Technical-Planning meetings, two (2) Technical-Library Meetings, two (2) Technical Building Department meetings, two (2) Artist Coordination meetings, one (1) Technical-Technology meeting, one (1) Technical-Traffic meeting, one (1) Integrated Design Workshop, and other technical meetings as reasonably required for the Mitchell Park Project. 1.2.9.2 CONSULTANT shall coordinate meetings with reviewing agencies as required. 1.2.9.3 CONSULTANT shall attend up to two meetings with the Palo Alto Arts Commission and/or other public art committee for coordination of an arts program. 1.2.10 Deliverables 1.2.10.1 CONSULTANT shall submit document packages at the 50% and 100% completion of Design Development for review by the CITY. Design Development packages shall illustrate and describe the refinement of the design of the Mitchell Park Project, establishing its scope, relationships, forms, size and appearance. 1.2.10.2 Site plans and floor plans for all major disciplines. 1.2.10.3 Preliminary furniture layout plan. 1.2.10.4 Preliminary finish, materials and equipment schedules. 1.2.10.5 Outline specifications shall identify the major materials and systems and shall establish their general quality levels. Specifications shall be consistent with the Construction Specifications Institute (CSI) format, the version of which shall be determined by CONSULTANT. 1.2.10.6 Engineering documents shall include single line diagrams describing structural, mechanical, plumbing, and electrical systems. 1.2.10.7 Principal interior and exterior elevations showing preliminary locations of all electrical and mechanical CITY OF PALO ALTO CONTRACT NO. C09130744 – AMENDMENT FIVE Professional Services Revised 10/18/07 11 110829 controls, telecommunications, security, as well as life- safety devices for coordination with furniture layout. 1.2.10.8 Estimates of probable construction cost associated with the 50% and 100% Design Development submittals. 1.3 TASK E1: MITCHELL PARK PROJECT CONSTRUCTION DOCUMENTS 1.3.1 CONSULTANT shall coordinate and manage its subconsultants throughout the Construction Documents phase. 1.3.2 Upon written notice to proceed by the CITY, CONSULTANT shall refine and further develop the approved Design Development package based upon the CITY’s comments and the constructability review comments on the 100% Design Development package. 1.3.3 CONSULTANT shall prepare and submit a 60% Construction Documents package to the CITY. 1.3.4 CONSULTANT shall prepare an estimate of probable construction cost for review by CITY in association with the 60% Construction Documents submittal. 1.3.5 CONSULTANT shall prepare and submit a 95% Construction Documents package, with CITY’s comments from the 60% package incorporated into the documents. 1.3.6 CONSULTANT shall prepare an estimate of probable construction cost for review by CITY in association with the 95% Construction Documents submittal. 1.3.7 CONSULTANT shall prepare a Construction Documents package for Building and Fire department plan check review and permitting. 1.3.8 CONSULTANT shall prepare the 100% Construction Documents package with final quality control comments from CITY’s Building and Fire department review incorporated. 1.3.9 CONSULTANT shall prepare a Project Manual that includes the Conditions of the Contract for Construction provided by the CITY, Technical Specifications, and bidding requirements and sample forms furnished by the CITY. 1.3.10 CONSULTANT shall maintain the LEED matrix and design documentation. 1.3.11 LEED Fundamental and Enhanced Commissioning: CITY OF PALO ALTO CONTRACT NO. C09130744 – AMENDMENT FIVE Professional Services Revised 10/18/07 12 110829 CONSULTANT shall have the project’s commissioning agent review the design and back-check their review comments, develop a commissioning plan, commissioning specification, and commissioning checklists. 1.3.12 CONSULTANT shall provide, if necessary and as directed by the Project Manager or authorized designee, bid alternates up to a cumulative maximum amount of 1% of the estimate of probable construction cost. 1.3.13 One or more “independent checks” of the plans, specifications and bid documents may be performed by an independent party commissioned by the CITY prior to the 100% Construction Document submittal. CONSULTANT shall incorporate revisions or comments from these reviews, provided by the CITY in a single, compiled, and coordinated document, in the final bid documents, unless CONSULTANT deems them to be inappropriate or in error in which case, CONSULTANT shall communicate concern to the Project Manager or her authorized designee for consideration and further direction. These checks may include architectural peer reviews and/or constructability reviews. These independent checks are to be performed strictly for the benefit of the CITY, and they shall not relieve the CONSULTANT from its obligations under this Agreement. The CITY is not obligated to perform any independent check, and the CONSULTANT shall not rely upon it for any quality or quantitative check or review. 1.3.14 Meetings 1.3.14.1 CONSULTANT shall attend and coordinate twelve (12) PMT meetings, two (2) artist coordination meetings, two (2) Technical-Planning meetings, four (4) Technical- Library meetings, three Technical-Building Department meetings, one (1) Technical-Technology meeting, one (1) Technical-Traffic meeting, one (1) Integrated Design Workshop, and other technical meetings as reasonably required for the Mitchell Park Project. 1.3.14.2 CONSULTANT shall attend two (2) meetings with the Arts Commission and/or Public Art committee for coordination of the arts program in the construction documents. 1.3.15 Deliverables 1.3.15.1 60%, 95%, and 100% Construction Documents packages setting forth in detail the requirements for CITY OF PALO ALTO CONTRACT NO. C09130744 – AMENDMENT FIVE Professional Services Revised 10/18/07 13 110829 construction of the Mitchell Park Project, including drawings and specifications that establish in detail the quality levels of required materials and systems. The Construction Documents package shall include drawings and technical specifications from all disciplines, executed to a level of detail appropriate for open public bidding. They shall include plans overlaying voice and data cabling with furniture layout as necessary, elevations reflecting relationships between furnishings and items affecting their placement. Site improvements shall include all details necessary to coordinate and properly locate utilities, driveways, roadways, at-grade parking, curbs and gutters, landscape, irrigation and hardscape design. The Construction Documents shall conform to the applicable California Building Code, Title 24, ADA, and all other applicable local, State and Federal codes, regulations, permit requirements, and conditions necessary for issuance of a building permit. 1.3.15.2 Project Manual 1.3.15.3 Detailed technical specifications that are coordinated with the plans and all the design disciplines. 1.3.15.4 Estimates of probable construction cost associated with the 60% and 95% Construction Documents submittals. 1.3.15.5 CONSULTANT shall submit one set of reproducible documents and one set of electronic digital documents at 60%, 95% and 100% completion of Construction Documents. CONSULTANT shall provide a full-sized original set, wet-stamped and signed, as required by the CITY, by all the appropriate licensed design disciplines. CONSULTANT shall also provide digital plot files directly to CITY’s printing company for printing bid sets. 1.4 TASK F1 MITCHELL PARK PROJECT BIDDING AND AWARD 1.4.1 CONSULTANT shall assist CITY during bid solicitation process. 1.4.2 CONSULTANT shall prepare a full-sized original set(s), and provide a digital plot bid package for CITY’s use in printing, and shall make available to the CITY an electronic version of the Construction Documents. 1.4.3 CONSULTANT shall provide bid phase services, as requested by CITY OF PALO ALTO CONTRACT NO. C09130744 – AMENDMENT FIVE Professional Services Revised 10/18/07 14 110829 the CITY, through award of the Contract for Construction. Service include assistance with responses to bidders' inquiries; preparation of addenda; attendance at one (1) prequalification and (1) pre-bid meeting; and assistance in the CITY’s evaluation of bids. 1.4.4 In preparing estimates of the cost of the work, the CONSULTANT shall be permitted to include contingencies for design, bidding and price escalation; to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents; to make reasonable adjustments in the scope of the Project and to include in the Contract Documents alternate bids as may be necessary to adjust the estimated Cost of the Work to meet the CITY's budget for the Cost of the Work. If an increase in the Contract Sum occurring after execution of the Contract between the CITY and the Contractor causes the budget for the Cost of the Work to be exceeded, that budget shall be increased accordingly. 1.4.5 CONSULTANT will include in its estimate a contingency for bid/market conditions based on competitive bidding with a minimum of 3 bidders for all major items of subcontracted work and 3-5 general contractor bids. The CITY recognizes that the CONSULTANT has no control over competitive bidding or market conditions. If CITY anticipates less favorable bidding conditions or wishes to take a more conservative approach, CITY will cooperate with CONSULTANT to increase bid contingency and either reduce project scope or increase the project budget accordingly. 1.4.6 If bidding has not commenced within 90 days after CONSULTANT submits 95%Construction Documents to the CITY, CONSULTANT shall adjust at no additional cost to CITY, the estimate of probable construction cost to reflect changes in the general level of prices in the construction industry. Should the adjusted estimate of probable construction cost exceed the CITY approved construction budget at this point, any subsequent changes in the plans or value engineering services necessary to align the adjusted estimate of probable construction cost with the CITY approved construction budget shall be considered Additional Services as noted in EXHIBT C of this Agreement. 1.4.7 Deliverables: one reproducible (hard copy for Construction Document contract file) and digital plot set of Construction Documents “Conform” package revised with all addenda, CITY reviews and plan check comments, including Fire Department, incorporated and ready for Award, and Construction. CITY OF PALO ALTO CONTRACT NO. C09130744 – AMENDMENT FIVE Professional Services Revised 10/18/07 15 110829 1.5 TASK G1 MITCHELL PARK PROJECT CONSTRUCTION ADMINISTRATION 1.5.1 CONSULTANT’s responsibility to provide Basic Construction Administration Services for the Construction Phase under this Agreement commences with CITY's issuance of a Notice to Proceed with the Contract for Construction and will end 730 calendar days from that date or upon commencement by the CONSULTANT of the Substantial Completion Correction (“Punch”) list, as mutually agreed upon by CONSULTANT, the CITY’s Construction Manager and CITY, whichever comes first. If the punch list does not commence within 730 calendar days of the Notice to Proceed, any further time and effort spent on behalf of the project shall be an Additional Service provided on a time and materials basis. Consultant will not be obligated to provide any work beyond the 730 calendar days unless directed by CITY in writing. 1.5.2 CONSULTANT shall be a representative of and shall advise and consult with the CITY during the provision of the Contract Administration Services. The CONSULTANT shall have authority to act on behalf of the CITY only to the extent provided in this Agreement unless otherwise modified by written amendment. 1.5.3 Duties, responsibilities and limitations of authority of the CONSULTANT under this phase shall not be restricted, modified or extended without written agreement of the CITY. 1.5.4 CONSULTANT shall neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor’s rights and responsibilities under the Contract Documents, the CONSULTANT will not be responsible for the Contractor’s schedules or failure to carry out the work in accordance with the Contract Documents. The CONSULTANT will not have control over or charge of acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the work.CONSULTANT shall not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or any other persons or entities performing portions of the Work. 1.5.5 CONSULTANT will have access to the work at all times wherever it is in preparation or progress within 24 hours of notifying the CITY.. 1.5.6 CONSULTANT shall revise Bid Documents for issuance as Conform Set Contract Documents that incorporate addenda, and clarifications. CITY OF PALO ALTO CONTRACT NO. C09130744 – AMENDMENT FIVE Professional Services Revised 10/18/07 16 110829 1.5.7 CONSULTANT shall attend the pre-construction conference. 1.5.8 Project Meetings and Site Visits 1.5.8.1 CONSULTANT shall attend up to 104 site construction meetings. The CONSULTANT as a representative of the CITY, shall visit the site at intervals appropriate to the stage of the Contractor’s operations, or as otherwise agreed by the Project Manager or authorized designee and the CONSULTANT (1) to become generally familiar with and to keep the CITY informed about the progress and quality of the portion of the Work completed, (2) to endeavor to guard the CITY against defects and deficiencies in the Work, and (3) to determine in general if the Work is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the CONSULTANT shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. 1.5.8.2 CONSULTANT shall report to the CITY observable and known deviations from the Contract Documents by the Contractor. 1.5.8.3 CONSULTANT shall at all times have access to the work wherever it is in preparation or progress. 1.5.8.4 CONSULTANT shall have authority to reject Work that does not conform to the Contract Documents. Whenever the CONSULTANT considers it necessary or advisable, the CONSULTANT will have authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. However, neither this authority of the CONSULTANT nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the CONSULTANT to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons or entities performing portions of the Work. 1.5.8.5 CONSULTANT shall be responsible for scheduling the Sub CONSULTANTs visits to the site in coordination with and or as directed by CITY. 1.5.9 On the basis of on-site observations as a CONSULTANT, and through information provided to the CONSULTANT by the CITY’s Project Manager, the CONSULTANT shall keep the CITY informed of the quality of the work. 1.5.10 Submittals: CITY OF PALO ALTO CONTRACT NO. C09130744 – AMENDMENT FIVE Professional Services Revised 10/18/07 17 110829 1.5.10.1 CONSULTANT will review Contractor’s submittals, including Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The CONSULTANT’s action shall be taken with such reasonable promptness so as to cause no delay in the work, while allowing sufficient time in the CONSULTANT’s judgment to permit adequate review unless otherwise agreed to. Submittals critical to work flow shall be responded to within a timely manner from receipt. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities or for substantiating instructions for installation or performance equipment or systems designed by the Contractor, all of which remain the responsibility of the Contractor to the extent required by the Contract Documents. The CONSULTANT’s review shall not constitute review of safety precautions or, unless otherwise specifically stated by the CONSULTANT, of construction means, methods, techniques, sequences or procedures. The CONSULTANT’s review of specific items shall not indicate approval of an assembly of which the item is a component. When professional certification of performance characteristics of materials, systems or equipment is required by the Contract Documents, the CONSULTANT shall be entitled to rely upon such certification to establish that the materials, systems or equipment will meet the performance criteria required by the Contract Documents. 1.5.10.2 CONSULTANT shall maintain copies of submittals supplied by the Contractor in accordance with the requirements of the Contract Documents. Reviewed submittals shall be stamped with appropriate action to be taken with notes and comments initialed and dated. 1.5.11 If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of the Contractor by the Contract Documents, the CONSULTANT shall specify appropriate performance and design criteria that such services must satisfy. Shop Drawings and other submittals related to the Work designed or certified by the design professional retained by the Contractor shall bear such professional’s written approval when submitted to the CONSULTANT. The CONSULTANT shall be entitled to rely upon the adequacy, accuracy and completeness of the services; certifications or approvals performed by such design professionals. CITY OF PALO ALTO CONTRACT NO. C09130744 – AMENDMENT FIVE Professional Services Revised 10/18/07 18 110829 1.5.12 Request for Information (RFI) & Architectural Supplement Information (ASI) 1.5.12.1 CONSULTANT shall review properly prepared, timely requests by the Contractor for Request For Information (RFI) about the Contract Documents. A properly prepared RFI about the Contract Documents shall be in a form prepared or approved by the CONSULTANT and shall include a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested. 1.5.12.2 If deemed appropriate by the CONSULTANT or if directed by the Project Manager or her authorized designee, the CONSULTANT shall on the CITY’s behalf prepare, reproduce and distribute supplemental Drawings and Specifications (Architectural Supplemental Information (ASI)) in response to RFI by the Contractor or because of a need determined by CONSULTANT to achieve the intent of the Contract Documents. 1.5.12.3 Interpretations and decisions of the CONSULTANT shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and initial decisions, the CONSULTANT shall endeavor to secure faithful performance by both CITY and Contractor, shall not show partiality to either, and shall not be liable for the results of interpretations or decisions so rendered in good faith. 1.5.12.4 CONSULTANT’s action shall be taken with such reasonable promptness as to cause no delay in the Work or in the activities of the CITY, Contractor or separate contractors, while allowing sufficient time in the CONSULTANT s professional judgment to permit adequate review. RFI’s critical to workflow shall be responded to within a timely manner from receipt. 1.5.13 CONSULTANT shall review for compliance, any items submitted by the Contractor for consistency with the contract documents, including but not limited to submittals, O&M Manuals, written guarantees, instruction books, diagrams and charts, etc,. 1.5.14 Review and recommend approval or rejection of substitutions for conformance with the project design concept and for compliance with Contract Documents. CONSULTANT shall briefly review each substitution at no additional cost to the CITY and provide the CITY’s Project Manager with a fee and time schedule for detailed review of each substitution. Time and cost for detailed review of substitutions shall be negotiated with Contractor on a case-by-case CITY OF PALO ALTO CONTRACT NO. C09130744 – AMENDMENT FIVE Professional Services Revised 10/18/07 19 110829 basis. Detailed review of each substitution cannot begin until authorized by the CITY’s Project Manager. Detailed review of substitutions is subject to the requirements of Additional Services when approved and authorized by the CITY’s Project Manager prior to beginning the detailed review. 1.5.15 Changes in the Work 1.5.15.1 Change Order Review and Negotiation: All changes to the Contract between the CITY and Contractor shall be only by change orders executed by the CITY. 1.5.15.2 CITY and its designee shall review the contents of all Contractor-requested changes to the contract time or price, endeavor to determine the cause of the request, and assemble and evaluate information concerning the request. CITY and its designee shall in its evaluations of the Contractor’s request consider the CONSULTANT’s comments regarding the proposed changes. 1.5.15.3 All proposed CONSULTANT and CITY -initiated changes shall first be described in detail by the CITY and its designee in a request for a proposal issued to the Contractor. The request shall be accompanied by drawings and specifications prepared by the CONSULTANT. In response to the request for a proposal, the Contractor shall submit to the CITY and its designee for evaluation detailed information concerning. The price and time adjustments, if any, as may be necessary to perform the proposed change order work. The CITY and its designee shall review the Contractor’s proposal, shall discuss the proposed change order with the Contractor, and endeavor to determine the Contractor’s basis for the price and time proposed to perform the work. All work by CONSULTANT related to CITY -initiated changes will be performed as Additional Services on a Time and Material Basis or mutually agreed lump sum. 1.5.15.4 The CITY and its designee shall negotiate change requests on behalf of the CITY. CITY and its designee shall prepare and issue to the Contractor appropriate change order documents, reviewed and signed by the CONSULTANT as required by contract. 1.5.16 Furniture, Custom Casework, Shelving and Signage 1.5.16.1 During the Construction Administration Phases the CONSULTANT shall provide the following services related to Furniture, Custom Casework and Signage: CITY OF PALO ALTO CONTRACT NO. C09130744 – AMENDMENT FIVE Professional Services Revised 10/18/07 20 110829 1.5.16.2 Staff area systems furniture will be specified in general terms showing layout, major components, and finishes. CONSULTANT shall specify that systems furniture vendor to provide detailed systems design and component selection. 1.5.16.3 CONSULTANT shall specify performance requirements for seismic bracing of cantilevered shelving with shelving vendor to provide engineering submittals. 1.5.16.4 If so requested by the CITY’s Project Manager or authorized designee, the CONSULTANT shall prepare up to a total of five different bid packages for furniture, custom casework, building signage and shelving. Each bid package will be suitable for a public bid process or negotiated purchase order by CITY or Library. 1.5.16.5 CONSULTANT shall provide up to two alternative design concepts for custom furniture and casework. 1.5.16.6 CONSULTANT shall prepare for the CITY’s review functional layout drawings of library service desks and custom casework for the Library and the Community Center. 1.5.16.7 CONSULTANT shall conduct up to eight interiors Project Management Team meetings to set direction on furniture and casework. 1.5.16.8 CONSULTANT shall lead up to one day-long furniture review meeting with the furniture committee. 1.5.16.9 CONSULTANT shall prepare a 90% Bid Documents submittal for CITY and Library review. 1.5.16.10 CONSULTANT shall prepare 100% Bid Documents. 1.5.16.11 CONSULTANT shall assist the CITY in reviewing bidder questions and provide written addenda as required for each bid package. 1.5.16.12 CONSULTANT shall be available for up to three days to advise on furniture and custom casework placement and punch list services. 1.5.16.13 CONSULTANT shall provide a sign location drawing and sign copy schedule for the site identification, exterior building signage, site wayfinding, and interior signage. 1.5.16.14 CONSULTANT shall provide a 60% and 95% Design Intent Signage Documents for the CITY’s review. And a 100% Bid Design Intent Signage Document. CITY OF PALO ALTO CONTRACT NO. C09130744 – AMENDMENT FIVE Professional Services Revised 10/18/07 21 110829 1.5.16.15 CONSULTAN provide updated estimates of probable construction costs to the CITY at the 60% and 95% Design Intent submittals.. 1.5.16.16 CONSULTAN shall provide written responses to the CITY’s review comments. 1.5.16.17 CONSULTAN conduct up to two signage design review meetings with the CITY. 1.5.16.18 CONSULTANT shall attend a signage pre-installation meeting with the signage contractor. 1.6 TASK H1 MITCHELL PARK PROJECT RECORD DOCUMENTS AND PROJECT CLOSEOUT 1.6.1 Project Closeout, will begin with the commencement by CONSULTANT of the Punch List as mutually determined by CONSULTANT, CITY and CITY’s Construction Manager, and will end 90 calendar days from that date CONSULTANT shall complete all items over which the CONSULTANT has control indicated in the scope of Project Closeout within the 90 calendar day period. CONSULTANT Closeout Services after 90 days will be provided as an Additional Service on a Time & Materials basis. 1.6.2 CONSULTANT shall receive from the Contractor and forward to the CITY, for the CITY’s review and records, written warranties and related documents required by the Contract Documents and assembled by the Contractor. 1.6.3 CONSULTANT’s shall conduct “Punch List“inspection to check conformance of the Work with the requirements of the Contract Documents and to verify the accuracy and completeness of the list submitted by the Contractor of Work to be completed or corrected. 1.6.4 CONSULTANT shall complete and distribute the project punch list in a timely manner from the CITY’s request for inspection in either MSWord or Excel format. 1.6.5 CONSULTANT shall review the work to determine whether the punch list items have been completed and are in conformance with the Construction Documents 1.6.6 CONSULTANT’s shall conduct Final Completion observation with the CITY to check for general conformance of the Work with the requirements of the Contract Documents package and to verify the accuracy and completeness of the list submitted by the Contractor of Work to be completed or corrected. 1.6.7 CONSULTANT shall incorporate information provided by the Contractor and information gained during site visits throughout the Project construction, and prepare record drawings and specifications based on record field construction documents CITY OF PALO ALTO CONTRACT NO. C09130744 – AMENDMENT FIVE Professional Services Revised 10/18/07 22 110829 package. Prior to acceptance of the Project by the CITY. CONSULTANT shall review the contractor’s “as-built” drawings and specifications, and shall return them to contractor for revision if they are not complete, or otherwise known to not represent facts known to the CONSULTANT. Apart from reviewing Contractor’s as-built documents, CONSULTANT shall prepare and sign the CONSULTANT’s Record Drawings submit both a hard copy on Mylar and an electronic copy on Compact Disc (CD) to the CITY. 2.0 DOWNTOWN LIBRARY PROJECT 2.1 GENERAL 2.1.1 The CONSULTANT’s Basic Services for the renovated Downtown Library (“Downtown Library Project”) consist of five Tasks: Task D2 Design Development; Task E2 Construction Documents; Task F2 Bidding and Award, Task G2 Construction Administration and Task H2 Record Documents and Project Closeout. 2.1.2 The CONSULTANT’s Basic Services include the services of a civil engineer, structural engineer, mechanical engineer, electrical engineer/lighting designer, landscape architect, cost consultant, audio visual/acoustical engineer, and library programmer. 2.2 TASK D2: DOWNTOWN LIBRARY PROJECT DESIGN DEVELOPMENT 2.2.1 CONSULTANT shall coordinate and manage its subconsultants throughout the Design Development phase and coordinate with the Project Manager or authorized designee, key departments, including but not limited to CITY’s Building, Public Works, and Engineering staff. 2.2.2 CONSULTANT shall prepare, refine and update project design schedule which identifies all major tasks, key milestones, key meetings, submittal dates and review periods for the CITY’s review and comment. CONSULTANT shall provide updated design schedule at the beginning of each project phase. 2.2.3 CONSULTANT shall prepare Design Development documents based on refinement and further development of the approved schematic design, including preliminary furniture layouts, built-in fixtures, and equipment selections. 2.2.4 CONSULTANT shall refine design development plans based on comments received from the CITY’s review of the 100% SD submittal. CITY OF PALO ALTO CONTRACT NO. C09130744 – AMENDMENT FIVE Professional Services Revised 10/18/07 23 110829 2.2.5 CONSULTANT shall prepare an estimate of probable construction cost for review by CITY in association with the 100% Design Development submittal. 2.2.6 CONSULTANT shall meet with the CITY to review the estimate of probable construction cost and to confirm that the design is still within the CITY’s approved construction budget. Should the design not be within the budget, CONSULTANT shall revise the design as directed by the Project Manager or her authorized designee at no additional fee to bring the design within the approved budget. 2.2.7 CONSULTANT shall provide all other normal and customary services related to Design Development that the CONSULTANT, the Project Manager or her authorized designee finds necessary or that will lead toward the timely delivery of other phases of work in this Agreement. 2.2.8 Meetings 2.2.8.1 CONSULTANT shall attend and coordinate up to seven (7) PMT meetings, two (2) Technical-Library Meetings, two (2) Technical-Building Department meetings, one (1) Technical-Technology meeting, one (1) Integrated Design Workshop, and other technical meetings as reasonably required for the Downtown Library Project. 2.2.8.2 CONSULTANT shall coordinate meetings with reviewing agencies as required. 2.2.9 Deliverables 2.2.9.1 CONSULTANT shall submit a Design Development package at 100% completion of Design Development for review by the CITY. The Design Development package shall illustrate and describe the refinement of the design of the Downtown Library Project, establishing its scope, relationships, forms, size and appearance. 2.2.9.2 Site plans and floor plans for all major disciplines. 2.2.9.3 Preliminary furniture layout plan. 2.2.9.4 Preliminary finish, materials and equipment schedules. 2.2.9.5 Outline specifications shall identify the major materials and systems and shall establish their general quality levels. Specifications shall be consistent with the Construction CITY OF PALO ALTO CONTRACT NO. C09130744 – AMENDMENT FIVE Professional Services Revised 10/18/07 24 110829 Specifications Institute (CSI) format, the version of which shall be determined by CONSULTANT. 2.2.9.6 Engineering documents shall include single line diagrams describing structural, mechanical, plumbing, and electrical systems. 2.2.9.7 Principal interior and exterior elevations showing preliminary locations of all electrical and mechanical controls, telecommunications, security, as well as life- safety devices for coordination with furniture layout. 2.2.9.8 Estimates of probable construction cost associated with the 100% Design Development submittal. 2.2.9.9 Presentation materials for meetings. 2.3 TASK E2: DOWNTOWN LIBRARY PROJECT CONSTRUCTION DOCUMENTS 2.3.1 CONSULTANT shall coordinate and manage its subconsultants throughout the Construction Documents phase. 2.3.2 Upon written notice to proceed by the CITY, CONSULTANT shall refine and further develop the approved Design Development package based upon the CITY’s comments and the constructability review comments on the 100% Design Development package. 2.3.3 CONSULTANT shall prepare and submit a 60% Construction Documents package to the CITY. 2.3.4 CONSULTANT shall prepare an estimate of probable construction cost for review by CITY in association with the 60% Construction Documents submittal. 2.3.5 CONSULTANT shall prepare and submit a 95% Construction Documents package, with CITY’s comments from the 60% package incorporated into the documents. 2.3.6 CONSULTANT shall prepare an estimate of probable construction cost for review by CITY in association with the 95% Construction Documents submittal. 2.3.7 CONSULTANT shall prepare a Construction Documents package for Building and Fire department plan check review and permitting. 2.3.8 CONSULTANT shall prepare the 100% Construction Documents CITY OF PALO ALTO CONTRACT NO. C09130744 – AMENDMENT FIVE Professional Services Revised 10/18/07 25 110829 package with final quality control comments from CITY’s Building and Fire department review incorporated. 2.3.9 CONSULTANT shall prepare a Project Manual that includes the Conditions of the Contract for Construction provided by the CITY, Technical Specifications, and bidding requirements and sample forms furnished by the CITY. 2.3.10 CONSULTANT shall provide, if necessary and as directed by the Project Manager or authorized designee, bid alternates up to a cumulative maximum amount of 5% of the estimate of probable construction cost. 2.3.11 One or more “independent checks” of the plans, specifications and bid documents may be performed by an independent party commissioned by the CITY prior to the 100% Construction Document submittal. CONSULTANT shall incorporate revisions or comments from these reviews, provided by the CITY in a single, compiled, and coordinated document, in the final bid documents, unless CONSULTANT deems them to be inappropriate or in error in which case, CONSULTANT shall communicate concern to the Project Manager or her authorized designee for consideration and further direction. These checks may include architectural peer reviews and/or constructability reviews. These independent checks are to be performed strictly for the benefit of the CITY, and they shall not relieve the CONSULTANT from its obligations under this Agreement. The CITY is not obligated to perform any independent check, and the CONSULTANT shall not rely upon it for any quality or quantitative check or review. 2.3.12 Meetings 2.3.12.1 CONSULTANT shall attend and coordinate twelve (12) PMT meetings, four (4) Technical-Library meetings, two (2) Technical-Building Department meetings, one (1) Technical-Technology meeting, one (1) Integrated Design Workshop, and other technical meetings as reasonably required for the Downtown Library Project. 2.3.12.2 Consultant shall attend other meetings as specified in Section 4.0, Participation. 2.3.13 Deliverables 2.3.13.1 60%, 95%, and 100% Construction Documents packages setting forth in detail the requirements for construction of the Downtown Library Project, including drawings and specifications that establish in detail the CITY OF PALO ALTO CONTRACT NO. C09130744 – AMENDMENT FIVE Professional Services Revised 10/18/07 26 110829 quality levels of required materials and systems. The Construction Documents package shall include drawings and technical specifications from all disciplines, executed to a level of detail appropriate for open public bidding. They shall include plans overlaying voice and data cabling with furniture layout as necessary, elevations reflecting relationships between furnishings and items affecting their placement. Site improvements shall include all details necessary to coordinate and properly locate utilities, driveways, roadways, at-grade parking, curbs and gutters, landscape, irrigation and hardscape design. The Construction Documents shall conform to the applicable California Building Code, Title 24, ADA, and all other applicable local, State and Federal codes, regulations, permit requirements, and conditions necessary for issuance of a building permit. 2.3.13.2 Project Manual 2.3.13.3 Detailed technical specifications that are coordinated with the plans and all the design disciplines. 2.3.13.4 Estimates of probable construction cost associated with the 60% and 95% Construction Documents submittals. 2.3.13.5 CONSULTANT shall submit one set of reproducible documents and one set of electronic digital documents at 60%, 95% and 100% completion of Construction Documents. CONSULTANT shall provide a full-sized original set, wet-stamped and signed, as required by the CITY, by all the appropriate licensed design disciplines. CONSULTANT shall also provide digital plot files directly to CITY’s printing company for printing bid sets. 2.4 TASK F2: DOWNTOWN LIBRARY PROJECT BIDDING AND AWARD 2.4.1 CONSULTANT shall prepare a full-sized original set(s), and provide a digital plot bid package for CITY’s use in printing, and shall make available to the CITY an electronic version of the Construction Documents. 2.4.2 CONSULTANT shall provide bid phase services, as requested by the CITY, through award of the Contract for Construction. Service include assistance with responses to bidders' inquiries; preparation of addenda; attendance at one (1) prequalification and (1) pre-bid meeting; and assistance in the CITY’s evaluation of bids. CITY OF PALO ALTO CONTRACT NO. C09130744 – AMENDMENT FIVE Professional Services Revised 10/18/07 27 110829 2.4.3 In preparing estimates of the cost of the work, the CONSULTANT shall be permitted to include contingencies for design, bidding and price escalation; to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents; to make reasonable adjustments in the scope of the Project and to include in the Contract Documents alternate bids as may be necessary to adjust the estimated Cost of the Work to meet the CITY's budget for the Cost of the Work. If an increase in the Contract Sum occurring after execution of the Contract between the CITY and the Contractor causes the budget for the Cost of the Work to be exceeded, that budget shall be increased accordingly. 2.4.4 CONSULTANT will include in its estimate a contingency for bid/market conditions based on competitive bidding with a minimum of 3 bidders for all major items of subcontracted work and 3-5 general contractor bids. The CITY recognizes that the CONSULTANT has no control over competitive bidding or market conditions. If CITY anticipates less favorable bidding conditions or wishes to take a more conservative approach, CITY will cooperate with CONSULTANT to increase bid contingency and either reduce project scope or increase the project budget accordingly. 2.4.5 If bidding has not commenced within 90 days after CONSULTANT submits 95%Construction Documents to the CITY, CONSULTANT shall adjust at no additional cost to CITY, the estimate of probable construction cost to reflect changes in the general level of prices in the construction industry. Should the adjusted estimate of probable construction cost exceed the CITY approved construction budget at this point, any subsequent changes in the plans or value engineering services necessary to align the adjusted estimate of probable construction cost with the CITY approved construction budget shall be considered Additional Services as noted in EXHIBT C of this Agreement. 2.4.6 Deliverables: one (1) 100% reproducible (hard copy for Construction Document contract file) and digital plot set of Construction Documents “Conform” package revised with all addenda, CITY reviews and plan check, including Fire Department, ready for Award, and Construction. 2.5 TASK G2 DOWNTOWN LIBRARY PROJECT CONSTRUCTION ADMINISTRATION 2.5.1 The CONSULTANT’s responsibility to provide Basic Construction Administration Services for the Construction Phase under this Agreement commences with CITY's issuance of a Notice to Proceed CITY OF PALO ALTO CONTRACT NO. C09130744 – AMENDMENT FIVE Professional Services Revised 10/18/07 28 110829 with the Contract for Construction and will end 365 calendar days from that date or upon commencement by the CONSULTANT of the Substantial Completion Correction (“Punch”) list, as mutually agreed upon by CONSULTANT, the CITY’s Construction Manager and CITY, whichever comes first. If the punch list does not commence within 365 calendar days of the Notice to Proceed, any further time and effort spent on behalf of the project shall be an Additional Service provided on a time and materials basis. Consultant will not be obligated to provide any work beyond the 365 calendar days unless directed by CITY in writing. 2.5.2 The CONSULTANT shall be a representative of and shall advise and consult with the CITY during the provision of the Contract Administration Services. The CONSULTANT shall have authority to act on behalf of the CITY only to the extent provided in this Agreement unless otherwise modified by written amendment. 2.5.3 Duties, responsibilities and limitations of authority of the CONSULTANT under this phase shall not be restricted, modified or extended without written agreement of the CITY. 2.5.4 The CONSULTANT shall neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor’s rights and responsibilities under the Contract Documents. 2.5.5 The CONSULTANT shall not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or any other persons or entities performing portions of the Work. 2.5.6 Project Meetings and Site Visits 2.5.6.1 The CONSULTANT shall attend up to 52 site construction meetings. The CONSULTANT as a representative of the CITY, shall visit the site at intervals appropriate to the stage of the Contractor’s operations, or as otherwise agreed by the Project Manager or authorized designee and the CONSULTANT (1) to become generally familiar with and to keep the CITY informed about the progress and quality of the portion of the Work completed, (2) to endeavor to guard the CITY against defects and deficiencies in the Work, and (3) to determine in general if the Work is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the CONSULTANT shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. CITY OF PALO ALTO CONTRACT NO. C09130744 – AMENDMENT FIVE Professional Services Revised 10/18/07 29 110829 2.5.6.2 The CONSULTANT shall report to the CITY known deviations from the Contract Documents. 2.5.6.3 The CONSULTANT shall at all times have access to the work within 24 hours wherever it is in preparation or progress. 2.5.6.4 The CONSULTANT shall have authority to reject Work that does not conform to the Contract Documents. Whenever the CONSULTANT considers it necessary or advisable, the CONSULTANT will have authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. However, neither this authority of the CONSULTANT or a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the CONSULTANT to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons or entities performing portions of the Work. 2.5.6.5 The CONSULTANT shall be responsible for scheduling the subconsultants visits to the site in coordination with and or as directed by the CITY. 2.5.7 On the basis of on-site observations as a CONSULTANT, and through information provided to the CONSULTANT by the CITY’s Project Manager, the CONSULTANT shall keep the CITY informed of the quality of the work. 2.5.8 Submittals: 2.5.8.1 The CONSULTANT will review Contractor’s submittals, including Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The CONSULTANT’s action shall be taken with such reasonable promptness so as to cause no delay in the work, while allowing sufficient time in the CONSULTANT’s judgment to permit adequate review unless otherwise agreed to. Submittals critical to work flow shall be responded to within a timely manner from receipt. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities or for substantiating instructions for installation or performance equipment or systems designed by the Contractor, all of which remain the responsibility of the Contractor to the extent required by the Contract Documents. The CONSULTANT’s review shall not constitute review of safety precautions or, unless otherwise specifically stated by the CONSULTANT, of construction means, methods, techniques, sequences or procedures. The CITY OF PALO ALTO CONTRACT NO. C09130744 – AMENDMENT FIVE Professional Services Revised 10/18/07 30 110829 CONSULTANT’s review of specific items shall not indicate approval of an assembly of which the item is a component. When professional certification of performance characteristics of materials, systems or equipment is required by the Contract Documents, the CONSULTANT shall be entitled to rely upon such certification to establish that the materials, systems or equipment will meet the performance criteria required by the Contract Documents. 2.5.8.2 The CONSULTANT shall maintain copies of submittals supplied by the Contractor in accordance with the requirements of the Contract Documents. Reviewed submittals shall be stamped with appropriate action to be taken with notes and comments initialed and dated. 2.5.8.3 If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of the Contractor by the Contract Documents, the CONSULTANT shall specify appropriate performance and design criteria that such services must satisfy. Shop Drawings and other submittals related to the Work designed or certified by the design professional retained by the Contractor shall bear such professional’s written approval when submitted to the CONSULTANT. The CONSULTANT shall be entitled to rely upon the adequacy, accuracy and completeness of the services; certifications or approvals performed by such design professionals. 2.5.9 Request for Information (RFI) & Architectural Supplement Information (ASI) 2.5.9.1 The CONSULTANT shall review properly prepared, timely requests by the Contractor for for information (RFI) about the Contract Documents. A properly prepared RFI about the Contract Documents shall be in a form prepared or approved by the CONSULTANT and shall include a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested. 2.5.9.2 If deemed appropriate by the CONSULTANT or if directed by the Project Manager or her authorized designee, the CONSULTANT shall on the CITY’s behalf prepare, reproduce and distribute supplemental Drawings and Specifications (Architectural Supplemental Information (ASI)) in response to RFI by the Contractor or because of a need determined by CONSULTANT to achieve the intent of the Contract Documents.. 2.5.9.3 Interpretations and decisions of the CONSULTANT shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form CITY OF PALO ALTO CONTRACT NO. C09130744 – AMENDMENT FIVE Professional Services Revised 10/18/07 31 110829 of drawings. When making such interpretations and initial decisions, the CONSULTANT shall endeavor to secure faithful performance by both CITY and Contractor, shall not show partiality to either, and shall not be liable for the results of interpretations or decisions so rendered in good faith. 2.5.9.4 The CONSULTANT’s action shall be taken with such reasonable promptness as to cause no delay in the Work or in the activities of the CITY, Contractor or separate contractors, while allowing sufficient time in the CONSULTANT s professional judgment to permit adequate review. RFI’s critical to workflow shall be responded to within a timely manner from receipt. 2.5.10 CONSULTANT shall review for compliance, any items submitted by the Contractor for consistency with the contract documents, including but not limited to submittals, O&M Manuals, written guarantees, instruction books, diagrams and charts, etc,. 2.5.11 Review and recommend approval or rejection of substitutions for conformance with the project design concept and for compliance with Contract Documents. CONSULTANT shall briefly review each substitution at no additional cost to the CITY and provide the CITY’s Project Manager with a fee and time schedule for detailed review of each substitution. Time and cost for detailed review of substitutions shall be negotiated with Contractor on a case-by-case basis. Detailed review of each substitution cannot begin until authorized by the CITY’s Project Manager. Detailed review of substitutions is subject to the requirements of Additional Services when approved and authorized by the CITY’s Project Manager prior to beginning the detailed review. 2.5.12 Changes in the Work 2.5.12.1 Change Order Review and Negotiation: All changes to the Contract between the CITY and Contractor shall be only by change orders executed by the CITY. 2.5.12.2 CITY and its designee shall review the contents of all Contractor-requested changes to the contract time or price, endeavor to determine the cause of the request, and assemble and evaluate information concerning the request CITY and its designee shall in its evaluations of the Contractor’s request consider the CONSULTANT’s comments regarding the proposed changes. 2.5.12.3 All proposed CONSULTANT and CITY -initiated changes shall first be described in detail by the CITY and its designee in a request for a proposal issued to the Contractor. The request shall be accompanied by drawings CITY OF PALO ALTO CONTRACT NO. C09130744 – AMENDMENT FIVE Professional Services Revised 10/18/07 32 110829 and specifications prepared by the CONSULTANT. In response to the request for a proposal, the Contractor shall submit to the CITY and its designee for evaluation detailed information concerning. The price and time adjustments, if any, as may be necessary to perform the proposed change order work. The CITY and its designee shall review the Contractor’s proposal, shall discuss the proposed change order with the Contractor, and endeavor to determine the Contractor’s basis for the price and time proposed to perform the work. All work by CONSULTANT related to CITY -initiated changes will be performed as Additional Services on a Time and Material Basis or mutually agreed lump sum. CITY and its designee shall negotiate change requests on behalf of the CITY. CITY and its designee shall prepare and issue to the Contractor appropriate change order documents, reviewed and signed by the CONSULTANT as required by contract. 2.6 TASK G2.1 DOWNTOWN LIBRARY LEED DESIGN AND DOCUMENTATION 2.6.1 The CONSULTANT shall prepare and submit LEED documentation for the Downtown Library for certification purposes based on the LEED Commercial Interiors 2009 for LEED certified level. The work includes preparing and submitting all required design submittal documentation for the LEED credits as identified on the LEED Matrix fated February 2010. 2.6.2 The CONSULTANT shall provide fundamental commissioning services during the design phase construction phases of the project. 2.6.3 The CONSULTANT shall provide design intent information and clarifications to the Contractor during the construction phase of the project. 2.6.4 The CONSULTANT shall provide Construction Administration services which include review of Contractor-provided LEED submittals required for the Construction submittal by the Contractor. 2.7 TASK G2.2 DOWNTOWN STANDARD LIBRARY AND OFFICE FURNITURE 2.7.1 During the Construction Administration Phases the CONSULTANT shall provide the following services related to Standard Library and Office Furniture: 2.7.2 Building Staff area systems furniture will be specified in general terms showing layout, major components, and finishes. CONSULTANT shall specify that systems furniture vendor to provide detailed systems design and component selection. CITY OF PALO ALTO CONTRACT NO. C09130744 – AMENDMENT FIVE Professional Services Revised 10/18/07 33 110829 2.7.3 CONSULTANT shall specify performance requirements for seismic bracing of cantilevered shelving with shelving vendor to provide engineering submittals. 2.7.4 If so requested by the CITY’s Project Manager or authorized designee, the CONSULTANT shall prepare up to a total of five different specification packages for furniture. Each package will be suitable for a negotiated purchase order by CITY or Library. 2.7.5 The CONSULTANT shall provide up to two alternative design concepts for standard furniture. 2.7.6 The CONSULTANT shall conduct up to four furniture meetings to set direction on furniture, casework and signage. 2.7.7 The CONSULTANT shall lead up to one day-long furniture review with the furniture committee. 2.7.8 The CONSULTANT shall prepare a 90% Specification Documents submittal for CITY and Library review. 2.7.9 The CONSULTANT shall prepare 100% Specification Documents. 2.7.10 The CONSULTANT shall assist the CITY in reviewing bidder questions and provide written addendum as required for each bid package. 2.7.11 The CONSULTANT shall be available for up to two days to advise on furniture and punch list services. 2.8 TASK H2 DOWNTOWN LIBRARY PROJECT RECORD DOCUMENTS AND PROJECT CLOSEOUT 2.8.1 Project Closeout, will begin with the commencement by CONSULTANT of the Punch list as mutually determined by CONSULTANT, CITY and CITY’s Construction Manager, and will end 60 calendar days from that date CONSULTANT shall complete all items over which the CONSULTANT has control indicated in the scope of Project Closeout within the 60 calendar day period. CONSULTANT Closeout Services after 60 days will be provided as an Additional Service on a Time & Materials basis. 2.8.2 The CONSULTANT shall receive from the Contractor and forward to the CITY, for the CITY’s review and records, written warranties and related documents required by the Contract Documents and assembled by the Contractor. 2.8.3 The CONSULTANT’s shall conduct “Punch List” inspection to check conformance of the Work with the requirements of the Contract Documents and to verify the accuracy and completeness of the list CITY OF PALO ALTO CONTRACT NO. C09130744 – AMENDMENT FIVE Professional Services Revised 10/18/07 34 110829 submitted by the Contractor of Work to be completed or corrected. 2.8.4 The CONSULTANT shall complete and distribute the project punch list in a timely manner from the CITY’s request for inspection in either MSWord or Excel format. 2.8.5 CONSULTANT shall review the work to determine whether the punch list items have been completed and are in conformance with the Construction Documents 2.8.6 CONSULTANT’s shall conduct Final Completion observation with the CITY to check for general conformance of the Work with the requirements of the Contract Documents package and to verify the accuracy and completeness of the list submitted by the Contractor of Work to be completed or corrected. 2.8.7 The CONSULTANT shall incorporate information provided by the Contractor and information gained during site visits throughout the Project construction, and prepare record drawings and specifications based on record field construction documents package. Prior to acceptance of the Project by the CITY. CONSULTANT shall review the contractor’s “as-built” drawings and specifications, and shall return them to contractor for revision if they are not complete, or otherwise known to not represent facts known to the CONSULTANT. Apart from reviewing Contractor’s as-builts documents, CONSULTANT shall prepare and sign the CONSULTANT’s Record Drawings submit both a hard copy on Mylar and an electronic copy on Compact Disc (CD) to the CITY. 3.0 TEMPORARY MITCHELL PARK LIBRARY PROJECT 3.1 GENERAL 3.1.1 The CONSULTANT’s Basic Services for Temporary Library Facilities (“Temporary Library Facilities Project”) consist of one Task: Temporary Library Facilities Project Design. 3.1.2 The CONSULTANT’s Basic Services for the Temporary Library Facilities Project include the services of a, mechanical engineer, electrical engineer/lighting designer, landscape architect, cost estimator and library programmer. 3.2 TASK D3: TEMPORARY MITCHELL PARK LIBRARY FACILITIES PROJECT DESIGN 3.2.1 The CONSULTANT shall develop conceptual design floor plans, with input from the CITY. CITY OF PALO ALTO CONTRACT NO. C09130744 – AMENDMENT FIVE Professional Services Revised 10/18/07 35 110829 3.2.2 The CONSULTANT shall: 3.2.3 Develop a comprehensive building program for temporary library and community center services in the range of 8,000 to 10,000 total square feet spread between different locations yet to be determined by the CITY, Program size is based on the anticipated use of existing CITY facilities as temporary library and community center facilities during the renovation of the Downtown Library and the construction of the Mitchell Park Library. 3.2.4 Provide dimensions and notes to describe the scale and principal features of the interior of the temporary facilities on the conceptual floor plans. The conceptual floor plans will show the desired location and approximate size of the new or relocated windows and doors. 3.3 TASK E3: TEMPORARY MITCHELL PARK LIBRARY FACILITIES CONSTRUCTION DOCUMENTS 3.3.1 The CONSULTANT shall develop construction documents for the temporary library and technical services with input from the CITY. 3.3.2 The CONSULTANT shall: 3.3.2.1 Recommend finishes for the CITY’s approval. 3.3.2.2 Prepare drawings and other documents describing signage and graphics for the new temporary library 3.3.2.3 Prepare technical specifications for the architectural portions of the Temporary Library Facilities Project. 3.3.2.4 Review CITY-provided schedule of existing furniture indicating which furniture is to be reused for the Project and assist the CITY in the selection and specification of new furniture. Prepare a drawing showing the new furniture locations. 3.3.2.5 The CONSULTANT will provide drawings and other project documents to describe the scope of the project in sufficient detail for the CITY to publicly bid the Temporary Library Facilities Project. 3.3.2.6 Deliverables: Contract Document drawings, building program and other project documents to describe the scope of the project for the CITY coordinate and repurpose existing facilities for temporary library, to move existing CITY OF PALO ALTO CONTRACT NO. C09130744 – AMENDMENT FIVE Professional Services Revised 10/18/07 36 110829 furniture and purchase new furniture; updated project budget. 3.3.2.7 Meetings included in this phase (may be shared with other phases and/or meetings): two (2) Technical meetings; three (3) PMT meetings. 3.4 TASK F3: TEMPORARY MITCHELL PARK LIBRARY PROJECT BIDDING AND AWARD 3.4.1 CONSULTANT shall prepare a full-sized original set(s), and provide a digital plot bid package for CITY’s use in printing, and shall make available to the CITY an electronic version of the Construction Documents. 3.4.2 CONSULTANT shall provide bid phase services, as requested by the CITY, through award of the Contract for Construction. Service include assistance with responses to bidders' inquiries; preparation of addenda; attendance at one (1) prequalification and (1) pre-bid meeting; and assistance in the CITY’s evaluation of bids. 3.4.3 In preparing estimates of the cost of the work, the CONSULTANT shall be permitted to include contingencies for design, bidding and price escalation; to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents; to make reasonable adjustments in the scope of the Project and to include in the Contract Documents alternate bids as may be necessary to adjust the estimated Cost of the Work to meet the CITY's budget for the Cost of the Work. If an increase in the Contract Sum occurring after execution of the Contract between the CITY and the Contractor causes the budget for the Cost of the Work to be exceeded, that budget shall be increased accordingly. 3.4.4 CONSULTANT will include in its estimate a contingency for bid/market conditions based on competitive bidding with a minimum of 3 bidders for all major items of subcontracted work and 3-5 general contractor bids. The CITY recognizes that the CONSULTANT has no control over competitive bidding or market conditions. If CITY anticipates less favorable bidding conditions or wishes to take a more conservative approach, CITY will cooperate with CONSULTANT to increase bid contingency and either reduce project scope or increase the project budget accordingly. 3.4.5 If bidding has not commenced within 90 days after CONSULTANT submits 95%Construction Documents to the CITY, CONSULTANT shall adjust at no additional cost to CITY, the estimate of probable construction cost to reflect changes in the general level of prices in CITY OF PALO ALTO CONTRACT NO. C09130744 – AMENDMENT FIVE Professional Services Revised 10/18/07 37 110829 the construction industry. Should the adjusted estimate of probable construction cost exceed the CITY approved construction budget at this point, any subsequent changes in the plans or value engineering services necessary to align the adjusted estimate of probable construction cost with the CITY approved construction budget shall be considered Additional Services as noted in EXHIBT C of this Agreement. 3.4.6 Deliverables: one (1) 100% reproducible (hard copy of Construction Document contract file for Bidding), digital plot set, and all project addenda. 3.5 TASK G3: TEMPORARY MITCHELL PARK LIBRARY PROJECT CONSTRUCTION ADMINISTRATION 3.5.1 The Consultant’s responsibility to provide Basic Services for the Construction Phase under this Agreement commences with CITY's award of a general contract for the construction of the Project and terminates 90 calendar days later or on the original date of Substantial Completion of the Work, whichever comes first. 3.5.2 The CONSULTANT shall revise Bid Documents for issuance as Conform Set Contract Documents that incorporate addenda, and clarifications. 3.5.3 The CONSULTANT shall attend the pre-construction conference. 3.5.4 The CONSULTANT may visit the site approximately once every two weeks or at intervals appropriate to the stage of construction or as otherwise agreed by the CITY and CONSULTANT to attend Project meetings and to become generally familiar with the progress and quality of the work completed and to determine, in general, if the work is being performed in a manner indicating that the work when completed will be in accordance with the Contract Documents. However, the CONSULTANT shall not be required to make exhaustive continuous on-site inspections to check the quality or quantity of the work. 3.5.5 On the basis of on-site observations as a CONSULTANT, and through information provided to the CONSULTANT by the CITY’s Project Manager, the CONSULTANT shall keep the CITY informed of the progress and quality of the work. 3.5.6 The CONSULTANT will review Contractor’s submittals, including Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the CITY OF PALO ALTO CONTRACT NO. C09130744 – AMENDMENT FIVE Professional Services Revised 10/18/07 38 110829 design concept expressed in the Contract Documents. The CONSULTANT’s action shall be taken with such reasonable promptness so as to cause no delay in the work, while allowing sufficient time in the CONSULTANT’s judgment to permit adequate review unless otherwise agreed to. The CONSULTANT will be allowed a maximum of 14 calendar days in most cases except for large submittals per review, exclusive of substitution. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities or for substantiating instructions for installation or performance equipment or systems designed by the Contractor, all of which remain the responsibility of the Contractor to the extent required by the Contract Documents. The CONSULTANT’s review shall not constitute review of safety precautions or, unless otherwise specifically stated by the CONSULTANT, of construction means, methods, techniques, sequences or procedures. The CONSULTANT’s review of specific items shall not indicated approval of an assembly of which the item is a component. When professional certification of performance characteristics of materials, systems or equipment is required by the Contract Documents, the CONSULTANT shall be entitled to rely upon such certification to establish that the materials, systems or equipment will meet the performance criteria required by the Contract Documents. 3.5.7 The CONSULTANT will respond to Contractor’s Requests For Information (RFI). Interpretations and decisions of the CONSULTANT shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and initial decisions, the CONSULTANT shall secure faithful performance by both CITY and Contractor, shall not show partiality to either, and shall not be liable for results of interpretations or decisions so rendered in good faith. CONSULTANT will be allowed a maximum of 14 calendar days in most cases except for large RFI per request for responses. 3.5.8 CONSULTANT shall review for compliance, any items submitted by the Contractor for consistency with the contract documents, including but not limited to submittals, O&M Manuals, written guarantees, instruction books, diagrams and charts, etc, within fourteen (14) calendar days of receipt. 3.5.9 Review and recommend approval or rejection of substitutions for conformance with the project design concept and for compliance with Contract Documents. CONSULTANT shall briefly review each substitution at no additional cost to the CITY and provide the CITY’s Project Manager with a fee and time schedule for detailed review of CITY OF PALO ALTO CONTRACT NO. C09130744 – AMENDMENT FIVE Professional Services Revised 10/18/07 39 110829 each substitution. Time and cost for detailed review of substitutions shall be negotiated with Contractor on a case-by-case basis. Detailed review of each substitution cannot begin until authorized by the CITY’s Project Manager. Detailed review of substitutions is subject to the requirements of Additional Services when approved and authorized by the CITY’s Project Manager prior to beginning the detailed review. 3.5.10 The CONSULTANT will not have control over or charge of and will not be responsible for construction means, methods, techniques, sequences or procedures, or safety precautions and programs in connection with the work, since these are solely the Contractor’s responsibility under the Contract for Construction. The CONSULTANT will not be responsible for the Contractor’s schedules or failure to carry out the work in accordance with the Contract Documents. The CONSULTANT will not have control over or charge of acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the work. The CONSULTANT will at all times have access to the work wherever it is in preparation or progress. Duties, responsibilities and limitation of authority of the CONSULTANT shall not be restricted, modified or extended without written agreement of the CITY and CONSULTANT. 4 MAIN LIBRARY PROJECT 4.1 GENERAL 4.1.1 CONSULTANT’s Basic Services for the Renovation and Addition to the Main Library (“Main library Project”) consist of three Tasks: Task D4 Design Development; Task E4 Construction Documents; and Task F4 Bidding and Award. 4.1.2 CONSULTANT’s Basic Services include the services of a civil engineer, structural engineer, mechanical engineer, electrical engineer/lighting designer, landscape architect, cost consultant, audio visual/acoustical engineer, energy analysis engineer, commissioning agent, historical architect and library programmer. 4.1.3 The CITY intends that the Main library Project shall be designed to meet the standards for LEED Certified or higher rating by the USGBC. 4.1.3.1 CONSULTANT shall design the Main Library Project to meet the requirements for LEED V2009 certification at the Certified or higher CITY OF PALO ALTO CONTRACT NO. C09130744 – AMENDMENT FIVE Professional Services Revised 10/18/07 40 110829 level. 4.1.3.2 CONSULTANT shall provide LEED project management services needed for the CITY to obtain LEED certification of the Main Library Project, develop specifications consistent with LEED and the CITY’s policies, and provide the templates, documentation, calculations, and energy modeling studies necessary to obtain LEED certification. 4.1.3.3 CONSULTANT shall include a LEED accredited professional on the design team to support Project Sustainable Building/ Green Building design criteria as required to achieve LEED certification. 4.1.3.4 CONSULTANT shall include in the construction documents appropriate provisions requiring the contractor to meet the requirements for CITY’s submittal to USGBC for LEED Certified or higher level of certification. 4.2 TASK D4: MAIN LIBRARY PROJECT DESIGN DEVELOPMENT 4.2.1 CONSULTANT shall coordinate and manage its subconsultants throughout the Design Development phase and coordinate with the Project Manager or authorized designee, key departments, including but not limited to CITY’s Building, Public Works, and Engineering staff. 4.2.2 CONSULTANT shall prepare, refine and update project design schedule which identifies all major tasks, key milestones, key meetings, submittal dates and review periods for the CITY’s review and comment. CONSULTANT shall provide updated design schedule at the beginning of each project phase. 4.2.3 CONSULTANT shall prepare Design Development documents based on refinement and further development of the approved schematic design, including preliminary furniture layouts, built-in fixtures, and equipment selections. 4.2.4 CONSULTANT shall refine design development plans based on comments received from the CITY’s review of the 100% SD and 50% DD submittal. 4.2.5 CONSULTANT shall prepare estimates of probable construction cost for review by CITY in association with the 50% and the 100% Design Development submittals. 4.2.6 CONSULTANT shall have the Main Library Project’s LEED commissioning agent review the design, back-check review comments, and develop a CITY OF PALO ALTO CONTRACT NO. C09130744 – AMENDMENT FIVE Professional Services Revised 10/18/07 41 110829 commissioning plan, specifications, and checklists. 4.2.7 CONSULTANT shall meet with the CITY to review the estimate of probable construction cost and to confirm that the design is still within the CITY’s approved construction budget. Should the design not be within the budget, CONSULTANT shall revise the design as directed by the Project Manager or her authorized designee at no additional fee to bring the design within the approved budget. 4.2.8 CONSULTANT shall provide all other normal and customary services related to Design Development that the CONSULTANT, the Project Manager or her authorized designee finds necessary or that will lead toward the timely delivery of other phases of work in this Agreement. 4.2.9 Meetings 4.2.9.1 CONSULTANT shall attend and coordinate up to five (5) PMT meetings, two (2) Technical-Planning meetings, two (2) Technical- Library Meetings, two (2) Technical Building Department meetings, two (2) Artist Coordination meetings, one (1) Technical-Technology meeting, one (1) Technical-Traffic meeting, one (1) Integrated Design Workshop, and other technical meetings as reasonably required for the Main Library Project. 4.2.9.2 CONSULTANT shall attend and coordinate meetings with reviewing agencies as required. 4.2.9.3 CONSULTANT shall attend up to two meetings with the Palo Alto Arts Commission and/or other public art committee for coordination of an arts program. 4.2.10 Deliverables 4.2.10.1 CONSULTANT shall submit document packages at the 50% and 100% completion of Design Development for review by the CITY. Design Development packages shall illustrate and describe the refinement of the design of the Mitchell Park Project, establishing its scope, relationships, forms, size and appearance. 4.2.10.2 Site plans and floor plans for all major disciplines. 4.2.10.3 Preliminary furniture layout plan. 4.2.10.4 Preliminary finish, materials and equipment schedules. 4.2.10.5 Outline specifications shall identify the major materials and CITY OF PALO ALTO CONTRACT NO. C09130744 – AMENDMENT FIVE Professional Services Revised 10/18/07 42 110829 systems and shall establish their general quality levels. Specifications shall be consistent with the Construction Specifications Institute (CSI) format, the version of which shall be determined by CONSULTANT. 4.2.10.6 Engineering documents shall include single line diagrams describing structural, mechanical, plumbing, and electrical systems. 4.2.10.7 Principal interior and exterior elevations showing preliminary locations of all electrical and mechanical controls, telecommunications, security, as well as life-safety devices for coordination with furniture layout. 4.2.10.8 Estimates of probable construction cost associated with the 50% and 100% Design Development submittals. 4.3 TASK E4: MAIN LIBRARY PROJECT CONSTRUCTION DOCUMENTS 4.3.1 CONSULTANT shall coordinate and manage its subconsultants throughout the Construction Documents phase. 4.3.2 Upon written notice to proceed by the CITY, CONSULTANT shall refine and further develop the approved Design Development package based upon the CITY’s comments and the constructability review comments on the 100% Design Development package. 4.3.3 CONSULTANT shall prepare and submit a 60% Construction Documents package to the CITY. 4.3.4 CONSULTANT shall prepare an estimate of probable construction cost for review by CITY in association with the 60% Construction Documents submittal. 4.3.5 CONSULTANT shall prepare and submit a 95% Construction Documents package, with CITY’s comments from the 60% package incorporated into the documents. 4.3.6 CONSULTANT shall prepare an estimate of probable construction cost for review by CITY in association with the 95% Construction Documents submittal. 4.3.7 CONSULTANT shall prepare a Construction Documents package for Building and Fire department plan check review and permitting. CITY OF PALO ALTO CONTRACT NO. C09130744 – AMENDMENT FIVE Professional Services Revised 10/18/07 43 110829 4.3.8 CONSULTANT shall prepare the 100% Construction Documents package with final quality control comments from CITY’s Building and Fire department review incorporated. 4.3.9 The CONSULTANT shall prepare a Project Manual that includes the Conditions of the Contract for Construction provided by the CITY, Technical Specifications, and bidding requirements and sample forms furnished by the CITY. 4.3.10 CONSULTANT shall maintain the LEED matrix and design documentation. 4.3.11 LEED Fundamental and Enhanced Commissioning: CONSULTANT shall have the project’s commissioning agent review the design and back-check their review comments, develop a commissioning plan, commissioning specification, and commissioning checklists. 4.3.12 CONSULTANT shall provide, if necessary and as directed by the Project Manager or authorized designee, bid alternates up to a cumulative maximum amount of 1% of the estimate of probable construction cost. 4.3.13 One or more “independent checks” of the plans, specifications and bid documents may be performed by an independent party commissioned by the CITY prior to the 100% Construction Document submittal. CONSULTANT shall incorporate revisions or comments from these reviews, provided by the CITY in a single, compiled, and coordinated document, in the final bid documents, unless CONSULTANT deems them to be inappropriate or in error in which case, CONSULTANT shall communicate concern to the Project Manager or her authorized designee for consideration and further direction. These checks may include architectural peer reviews and/or constructability reviews. These independent checks are to be performed strictly for the benefit of the CITY, and they shall not relieve the CONSULTANT from its obligations under this Agreement. The CITY is not obligated to perform any independent check, and the CONSULTANT shall not rely upon it for any quality or quantitative check or review. 4.3.14 Meetings 4.3.14.1 CONSULTANT shall attend and coordinate eight (8) PMT meetings, two (2) artist coordination meetings, two (2) Technical- Planning meetings, four (4) Technical-Library meetings, three Technical-Building Department meetings, one (1) Technical- Technology meeting, one (1) Technical-Traffic meeting, one (1) Integrated Design Workshop, and other technical meetings as reasonably required for the Main Library Project. CITY OF PALO ALTO CONTRACT NO. C09130744 – AMENDMENT FIVE Professional Services Revised 10/18/07 44 110829 4.3.14.2 CONSULTANT shall attend two (2) meetings with the Arts Commission and/or Public Art committee for coordination of the arts program in the construction documents. 4.3.14.3 CONSULTANT shall attend up to seven public meetings related to the integration of the Main Library and the Art Center. 4.3.15 Deliverables 4.3.15.1 60%, 95%, and 100% Construction Documents packages setting forth in detail the requirements for construction of the Main Library Park Project, including drawings and specifications that establish in detail the quality levels of required materials and systems. The Construction Documents package shall include drawings and technical specifications from all disciplines, executed to a level of detail appropriate for open public bidding. They shall include plans overlaying voice and data cabling with furniture layout as necessary, elevations reflecting relationships between furnishings and items affecting their placement. Site improvements shall include all details necessary to coordinate and properly locate utilities, driveways, roadways, at-grade parking, curbs and gutters, landscape, irrigation and hardscape design. The Construction Documents shall conform to the applicable California Building Code, Title 24, ADA, and all other applicable local, State and Federal codes, regulations, permit requirements, and conditions necessary for issuance of a building permit. 4.3.15.2 Project Manual 4.3.15.3 Detailed technical specifications that are coordinated with the plans and all the design disciplines. 4.3.15.4 Estimates of probable construction cost associated with the 60% and 95% Construction Documents submittals. 4.3.15.5 The CONSULTANT shall submit one set of reproducible documents and one set of electronic digital documents at 60%, 95% and 100% completion of Construction Documents. CONSULTANT shall provide a full-sized original set, wet-stamped and signed, as required by the CITY, by all the appropriate licensed design disciplines. CONSULTANT shall also provide digital plot files directly to CITY’s printing company for printing bid sets. CITY OF PALO ALTO CONTRACT NO. C09130744 – AMENDMENT FIVE Professional Services Revised 10/18/07 45 110829 4.4 TASK F4 MAIN LIBRARY PROJECT BIDDING AND AWARD 4.4.1 CONSULTANT shall assist CITY during bid solicitation process. 4.4.2 CONSULTANT shall prepare a full-sized original set(s), and provide a digital plot bid package for CITY’s use in printing, and shall make available to the CITY an electronic version of the Construction Documents. 4.4.3 CONSULTANT shall provide bid phase services, as requested by the CITY, through award of the Contract for Construction. Service include assistance with responses to bidders' inquiries; preparation of addenda; attendance at one (1) prequalification and (1) pre-bid meeting; and assistance in the CITY’s evaluation of bids. 4.4.4 In preparing estimates of the cost of the work, the CONSULTANT shall be permitted to include contingencies for design, bidding and price escalation; to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents; to make reasonable adjustments in the scope of the Project and to include in the Contract Documents alternate bids as may be necessary to adjust the estimated Cost of the Work to meet the CITY's budget for the Cost of the Work. If an increase in the Contract Sum occurring after execution of the Contract between the CITY and the Contractor causes the budget for the Cost of the Work to be exceeded, that budget shall be increased accordingly. 4.4.5 CONSULTANT will include in its estimate a contingency for bid/market conditions based on competitive bidding with a minimum of 3 bidders for all major items of subcontracted work and 3-5 general contractor bids. The CITY recognizes that the CONSULTANT has no control over competitive bidding or market conditions. If CITY anticipates less favorable bidding conditions or wishes to take a more conservative approach, CITY will cooperate with CONSULTANT to increase bid contingency and either reduce project scope or increase the project budget accordingly. 4.4.6 If bidding has not commenced within 90 days after CONSULTANT submits 95%Construction Documents to the CITY, CONSULTANT shall adjust at no additional cost to CITY, the estimate of probable construction cost to reflect changes in the general level of prices in the construction industry. Should the adjusted estimate of probable construction cost exceed the CITY approved construction budget at this point, any subsequent changes in the plans or value engineering services necessary to align the adjusted estimate of probable construction cost with the CITY approved construction budget shall be considered Additional Services as noted in EXHIBT C of this Agreement. CITY OF PALO ALTO CONTRACT NO. C09130744 – AMENDMENT FIVE Professional Services Revised 10/18/07 46 110829 4.4.7 Deliverables: one reproducible (hard copy for Construction Document contract file) and digital plot set of Construction Documents “Conform” package revised with all addenda, CITY reviews and plan check comments, including Fire Department, incorporated and ready for Award, and Construction. 5 TEMPORARY MAIN LIBRARY PROJECT 5.1 GENERAL 5.1.1 CONSULTANT’s Basic Services for Temporary Main Library (“Temporary Main Library Project”) consist of three tasks: Task A5 Temporary Main Library Site Analysis Phase, Task C5 Temporary Main Library Design Phase, and Task E5 Temporary Main Library Construction Documents Phase. 5.1.2 CONSULTANT’s Basic Services for the Temporary Main Library Project include the services of a mechanical engineer, electrical engineer/lighting designer, cost estimator and library programmer. 5.2 TASK A5: TEMPORARY MAIN LIBRARY SITE ANALYSIS PHASE 5.2.1 CONSULTANT shall review and analyze potential sites and existing buildings for the appropriateness of being a Temporary Main Library. The potential sites and buildings shall be identified by the CITY and provided to the CONSULTANT. 5.2.2 CONSULTANT shall review the potential sites and buildings for the following criteria; site capacity, community access, code compliance, building capacity, and availability. 5.2.3 The CONSULTANT shall develop up to two preliminary building programs for the Temporary Main Library to be used in conjunction with the site analysis the programs shall range in size from 10,000 square feet to 15,000 square feet. 5.2.4 CONSULTANT shall develop preliminary project budgets for up to three sites. 5.2.5 CITY and the CONSULTANT shall review the potential sites and analyze them based on the established criteria; a preferred option will be selected. 5.3 TASK C5: TEMPORARY MAIN LIBRARY PRELIMINARY DESIGN PHASE 5.3.1 CONSULTANT shall develop Preliminary Design Documents for the CITY OF PALO ALTO CONTRACT NO. C09130744 – AMENDMENT FIVE Professional Services Revised 10/18/07 47 110829 preferred site option for the Temporary Main Library. 5.3.2 CONSULTANT shall coordinate and manage its subconsultants throughout the Preliminary Design phase and coordinate with the Project Manager or authorized designee, key departments, including but not limited to CITY’s Planning, Building, Public Works, and Engineering staff. 5.3.3 CONSULTANT shall prepare, refine and update project design schedule which identifies all major tasks, key milestones, key meetings, submittal dates and review periods for the CITY’s review and comment. 5.3.4 CONSULTANT shall prepare Preliminary Design documents based on refinement and further development of the site option including site plans, building plans, furniture and shelving layouts, and electrical, lighting and mechanical plans. 5.3.5 CONSULTANT shall refine design plans based on comments received from the CITY’s review of the Preliminary Design Documents. 5.3.6 CONSULTANT shall prepare estimates of probable construction cost for review by CITY in association with Preliminary Design submittals. 5.3.7 CONSULTANT shall meet with the CITY to review the estimate of probable construction cost. 5.3.8 Based on the approved Preliminary Design Documents the CONSULTANT shall finalize the building program for the Temporary Main Library Project in the range of 10,000 to 15,000 total square feet. 5.3.8.1 Provide dimensions and notes to describe the scale and principal features of the interior of the temporary facilities on the floor plans. The floor plans will show the desired location and approximate size of the new or relocated windows and doors. 5.4 TASK E5: TEMPORARY MAIN LIBRARY CONSTRUCTION DOCUMENTS, BIDDING AND AWARDPHASES 5.4.1 CONSULTANT shall provide the required documentation, drawings and specifications for Construction Documents through the end of the Bid Phase. 5.4.2 CONSULTANT is adding the following sub-consultant who will oversee and execute the majority of work of this section of the Scope of Work: 5.4.2.1 Mark Cavagnero Associates (MCA), Architecture. MCA will contract directly with the following sub-sub-consultants: 5.4.2.1.1 Gayner Engineers, Mechanical, Electrical and Plumbing Engineering. CITY OF PALO ALTO CONTRACT NO. C09130744 – AMENDMENT FIVE Professional Services Revised 10/18/07 48 110829 5.4.2.1.2 Siverman & Light, Lighting Design & Energy Documentation. 5.4.2.1.3 Stansen Specifications, Technical Specifications. 5.4.3 CONSULTANT will assist with coordination through consultation with the Library in the selection and placement of furniture and equipment. 5.4.4 Based on the Preliminary Design Documents, , CONSULTANT shall complete the documentation of Architectural interior finishes, including all floor, wall and ceiling finishes, including trim, to a minimum level appropriate to a temporary library facility to be in use approximately 2-years. 5.4.5 CONSULTANT shall provide documentation for power circuits and outlets, data cabling, connections and jacks, and lighting to provide functionality to the conceptual design 5.4.6 CONSULTANT shall provide documents to Library representative(s) to keep them informed, but CONSULTANT shall consult with and coordinate finishes, power, data and lighting with the Palo Alto Arts Center staff. 5.4.7 CONSULTANT shall coordinate elements that are being incorporated into the facility for the temporary library keeping in mind the long term need and use of the facility by the Art Center on a permanent basis. 5.4.8 CONSULTANT shall plan and detail all Library specific improvements that will need to be removed at the end of the temporary use of the space as a library in a manner such that selective demolition, removal and patching can reasonably be accomplished to allow the space to be returned to use by the Art Center. 5.4.9 All work shall be done to meet current requirements of the Americans with Disabilities Act (ADA) as it applies to the use of the facility as a temporary library. 5.4.10 Meetings included in this phase (may be shared with other phases and/or meetings): two (2) Technical meetings; three (3) PMT meetings. 5.4.11 CONSULTANT shall prepare full-sized original drawings of the Temporary Main Library spaces to be incorporated into the Art Center Renovation Project Construction Documents, and provide as a part of the Art Center Renovation Project Construction Documents a digital plot bid package for CITY’s use in printing, and shall make available to the CITY an electronic version of the Construction Documents. 5.4.12 CONSULTANT shall provide bid phase services for the Temporary Main Library as part of the Art Center Renovation Project, as requested by the CITY, through award of the Contract for Construction. Service include CITY OF PALO ALTO CONTRACT NO. C09130744 – AMENDMENT FIVE Professional Services Revised 10/18/07 49 110829 assistance with responses to bidders' inquiries; preparation of addenda; attendance at one (1) prequalification and (1) pre-bid meeting; and assistance in the CITY’s evaluation of bids. 5.4.13 Deliverables: one (1) 100% reproducible (hard copy of Temporary Main Library Construction Document contract file as a portion of the Art Center Renovation Project Construction Document contract file for Bidding), digital plot set, and all project addenda. 6 PARTICIPATION 6.1 CONSULTANT shall at the CITY’s direction make presentation(s) to the CITY’s Commissions or Boards. 6.2 CONSULTANT shall at the CITY’s direction make presentations to the CITY Council. 6.3 CONSULTANT shall at the CITY’s direction conduct public meeting(s). III. SUPPLEMENTAL AND OPTIONAL ADDITIONAL SERVICES 1.0 SUPPLEMENTAL SERVICES The following services are not part of the CONSULTANT’s Basic Services and shall be performed by the CONSULTANT as Supplemental Services as directed by the CITY. 1.1 LEED design or documentation for credits other than those identified in the LEED matrix included in the May 2008 Mitchell Park Library/Community Center Schematic Design Report. 1.2 Construction Administration services and Project Closeout Services for the Main Library Project. 1.3 FF&E and Signage services for the Main Library Project. 1.4 Construction Administration Services for the Temporary Main Library Project. 2.0 OPTIONAL ADDITIONAL SERVICES The following services are not part of the CONSULTANT’s Basic Services and shall be performed by the CONSULTANT as Additional Services only if and when authorized by the CITY in writing: 2.1 Additional meetings or presentations. CITY OF PALO ALTO CONTRACT NO. C09130744 – AMENDMENT FIVE Professional Services Revised 10/18/07 50 110829 2.2 Developing and preparation of information kiosks. 2.3 Developing a project flyers and public information posters. 2.4 Providing an architectural scaled presentation model. 2.5 Analyses of other sites or buildings. 2.6 Other participation services not described in Basic Services or Supplemental Services above. 2.7 Other services not specifically identified under Basic Services or Supplemental Services above. 2.8 Making changes in the design or documentation that is contrary to prior direction provided by the CITY. 2.9 Preparing bid alternates other than described in CONSULTANT’s Basic Services. 2.10 Preparing CITY-initiated change orders during construction. 2.11 Providing more than two reviews of each submittal. 2.12 Detailed review of substitution request. 2.13 Work required to correct non-conforming work of contractor. 2.14 Increasing Professional Liability Insurance from the CONSULTANT’s standard two million ($2,000,000) coverage. CITY OF PALO ALTO CONTRACT NO. C09130744 – AMENDMENT FIVE Professional Services Revised 10/18/07 51 110829 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 project 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 MITCHELL PARK LIBRARY/ COMMUNITY CENTER Task D1: Design Development Week 24 Task E1: Construction Documents Week 50 (26 weeks from receipt of authorization to proceed from Design Development Task) Task F1: Bidding & Award Week 63 (13 weeks from receipt of authorization to proceed from Construction Documents Task) Task G1: Construction Administration 104 weeks starting from General Contractors Authorization to Proceed Task H1: Project Closeout & Record Documents 90 days starting from General Contractors receipt of substantial completion. RENOVATED DOWNTOWN LIBRARY Task D2: Design Development Week 22 Task E2: Construction Documents Week 44 (22 weeks from receipt of CITY OF PALO ALTO CONTRACT NO. C09130744 – AMENDMENT FIVE Professional Services Revised 10/18/07 52 110829 authorization to proceed from Design Development Task) Task F2: Bidding & Award Week 53 (9 weeks from receipt of authorization to proceed from Construction Documents Task) Task G2: Construction Administration 52 Weeks starting from General Contractors authorization to proceed. Task H2: Project Closeout and Record Documents 60 days starting from General Contractors receipt of substantial completion TEMPORARY MITCHELL PARK LIBRARY BUILDING Task D3: Schematic Design & Design Week 13 from NTP Task E3: Plan Check Submittal August 17, 2009 100% Permit Set September 14, 2009Task F3: Bidding & Award 45 Days (from NTP for the additional scope added with Amendment #1) Task G3: Construction Administration 90 Days (from NTP for the additional scope added with Amendment #1) MAIN LIBRARY PROJECT Task D4: Design Development Week 32 from NTP for Amendment 3 Task E4: Construction Documents Week 64 (32 weeks from receipt of authorization to proceed from Design Development Task) Task E4.1 Library and Art Center Concurrent with Construction Site Integration Documents (Design and Construction Documents) Task E4.1: Plan Check City dependent based upon plan check review process. CITY OF PALO ALTO CONTRACT NO. C09130744 – AMENDMENT FIVE Professional Services Revised 10/18/07 53 110829 Task F4: Bidding & Award City Dependent, planned for Summer 2012. TEMPORARY MAIN LIBRARY BUILDING Task A5: Site Analysis Week 6 from NTP for Amendment 3 Task C5: Preliminary Design Documents Week 12 from NTP for Amendment 3 Task E5: Construction Documents, Completed by July, 2011 Bidding & Award Spring 2012 CITY OF PALO ALTO CONTRACT NO. C09130744 – AMENDMENT FIVE Professional Services Revised 10/18/07 54 110829 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 paid to the CONSULTANT on a lump sum basis for Mitchell Park Library Task D1, E1, F1, and Renovated Downtown Library Task D2, E2, F2, G2, and H2. Compensation for Temporary Library Task D3, E3, F3, and G3 shall be calculated based on the hourly rate schedules attached as Exhibit C-1 up to the Not to Exceed amount set forth below. Compensation for Participation Task D4 shall be on a per meeting basis as indentified in attached Exhibit C-1 up to the Not to Exceed amount 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 $7,006,189. 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 $7,901,751. 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 $7,006,189 and the total compensation for Additional Services does not exceed $1,045,562. CITY OF PALO ALTO CONTRACT NO. C09130744 – AMENDMENT FIVE Professional Services Revised 10/18/07 55 110829 BUDGET SCHEDULE NOT TO EXCEED AMOUNT BASIS MITCHELL PARK LIBRARY/COMMUNITY CENTER Task D1 $845,456 Lump Sum (Design Development) Task E1 $1,882,656 Lump Sum (Construction Documents) Task F1 $150,437 Lump Sum (Bidding & Award) Task G1 (Construction Administration, FFE & Signage $1,156,517 Lump Sum Task H1 (Project Closeout & Record Documents $143.339 Lump Sum Subtotal $4,178,405 RENOVATED DOWNTOWN LIBRARY Task D2 $88,383 Lump Sum (Design Development) Task E2 $227,882 Lump Sum (Construction Documents) Task F2 $14,941 Lump Sum (Bidding & Award) Task G2 $146,100 Lump Sum (Construction Administration) Task G2.1 $81,796 Lump Sum (LEED Design & Documentation) Task G2.2 $20,000 Lump Sum (Furniture) CITY OF PALO ALTO CONTRACT NO. C09130744 – AMENDMENT FIVE Professional Services Revised 10/18/07 56 110829 Task H2 $25,500 Lump Sum (Project Closeout and Record Documents) Subtotal $604,602 TEMPORARY MITCHELL PARK LIBRARY Task D3 (Schematic Design & Design Build Bid Package) $12,688 Time & Materials to a maximum Task E3 (Construction Documents) $95,916 Lump Sum Task F3 (Bidding & Award) $9,440 Lump Sum Task G3 (Construction Administration) $24,415 Lump Sum Subtotal $142, 459 MAIN LIBRARY PROJECT Task D4 (Design Development) $488,307 Lump Sum Task E4 (Construction Documents) $892,814 Lump Sum Task E4.1 Library and Art Center Site Integration (Design and Construction Documents) $41,948 Lump Sum Task F4 (Bidding & Award) $90,749 Lump Sum Subtotal $1,513,818 TEMPORARY MAIN LIBRARY Task A5 & C5 (Site Analysis & Prelim Design Documents) $39,725 T&M to a maximum Task E5 (Construction Documents, Bidding & Award) $22,410 Lump Sum Subtotal $62,135 ART CENTER RENOVATION Task E4.2 Library and Art Center Site Integration (Design and Construction Documents) $41,948 Lump Sum Subtotal $41,948 CITY OF PALO ALTO CONTRACT NO. C09130744 – AMENDMENT FIVE Professional Services Revised 10/18/07 57 110829 PARTICIPATION Task D6 Mitchell Park Library Main Library Art Center $75,000 82,000 7,000 Lump Sum Allowance Subtotal $164,000 Subtotal Basic Services $6,707,367 Reimbursable Expenses Allowance: Mitchell Park Library $160,000 Downtown Library $ 56,000 Temporary MP Library $ 13,500 Main Library $ 50,000 Temporary Main Library $ 19,322 Subtotal Reimbursable Expenses $ 298,822 Total Basic Services and Reimbursable expenses $7,006,189 Additional Services (Not to Exceed) Mitchell Park Library: $654,510 Downtown Library $56,000 Temporary MP Library $15,600 Main Library: $157,082 Temporary Main Library: $8,145 Art Center $4,895 Subtotal Additional Services $ 896,232 Amendment 4 Maximum Total Compensation $7,681,751 Added in Amendment 5 (MPLCC Add Services only) $220,670 Amendment 5 Maximum Total Compensation: $7,902,421 CITY OF PALO ALTO CONTRACT NO. C09130744 – AMENDMENT FIVE Professional Services Revised 10/18/07 58 110829 REIMBURSABLE EXPENSES The administrative, overhead, secretarial time or secretarial overtime, word processing, photocopying, in-house printing, insurance and other ordinary business expenses are included within the scope of payment for services and are not reimbursable expenses. CITY shall reimburse CONSULTANT for the following reimbursable expenses at cost not to exceed the total amount shown above. Expenses for which CONSULTANT shall be reimbursed are: Outside service printing/copying of drawings and documents of any size. In-house printing of CAD check sets and presentation drawings larger than 11”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 11”x 17” for in-house, consultant or client use: $1.25 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 over and above those included in 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 $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 CITY OF PALO ALTO CONTRACT NO. C09130744 – AMENDMENT FIVE Professional Services Revised 10/18/07 59 110829 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. 1. If any of the following circumstances affect the CONSULTANT’s services for the Project, the CONSULTANT may be entitled to an appropriate adjustment in the CONSULTANT’s schedule and compensation: a. Change in the instructions or approvals given by the CITY that necessitate revisions in design drawings and which are not caused by CONSULTANT’s negligence; b. Enactment or revision of codes, laws, or regulations or official interpretations which necessitate significant changes to previously prepared drawings; c. Material delay caused by the CITY beyond CONSULTANT’s reasonable control; d. Significant change in the Project including, but not limited to, size, complexity, the Owner’s schedule or budget, or procurement method; e. Preparation for and attendance at a dispute resolution proceeding or a legal proceeding except where the CONSULTANT is a party thereto; f. Substantial change in the information contained in Exhibit A. Additional services may also include, meetings exceeding those outlined in Exhibit A as Basic Services. CONSULTANT Hourly Rates and Meeting Rates for Additional Services CONSULTANT’s hourly and meeting rate schedule shall be: Group 4 Architecture Research + Planning, Inc. Position Hourly Rate Principal $165 Associate $145 Project Manager $135 Professional I $125 Professional II $115 Professional III $105 Technical I $110 Technical II $100 Technical III $90 Technical IV $80 Project Support $70 CITY OF PALO ALTO CONTRACT NO. C09130744 – AMENDMENT FIVE Focus Group $1,500 Meeting Type (Architect Only) Per Meeting Steering Committee Meetings $2,500 Boards & Commission Meetings $2,500 Community Meetings $4,000 City Council Meetings $2,500 Meeting Type (Architect + Per Meeting Steering Committee Meetings $3,000 Boards & Commission Meetings $3,000 Focus Group $2,000 Community Meetings $5,000 City Council Meetings $3,000 Page + Moris (Library Programmer) Position Hourly Rate Principal $200 Programming Assistant $75 Project Manager 135 AutoCAD Drafting $45 Project Assistant $35 BKF Engineering (Civil) Position Hourly Rate Engineering: Associate Project Manager Engineer IV Engineer I, II, III $162 $153-$158 $142 $101-$116- $132 Planning: Planner I, II, III $101-$116- $132 Surveying: Project Manager $153 Professional Services Revised 10/18/07 60 110829 CITY OF PALO ALTO CONTRACT NO. C09130744 – AMENDMENT FIVE Professional Services Revised 10/18/07 61 110829 Surveyor I, II, III, IV Survey Party Chief Survey Chainman Apprentice I, II, III, IV $101-116- 132-142 $127 $100 $53-73-83-93 Design & Drafting: Technician I, II, III Drafter I, II, III, IV Student Engineer/Surveyor $96-104-113 $75-83-91- 100 $53 Construction Administration: Senior Construction Administration Resident Engineer Field Engineer I, II, III $150 $110 $101-116-132 Services & Expenses: Project Assistant Clerical/Admin Assistant $65 $56 Rutherford & Chekene (Structural) Position Hourly Rate* Executive Principal $215 Principals $180-$190 Senior Engineers $140-$180 Engineers $115-$140 Designers $90-$115 CADD Specialists $85-$135 *rates subject to change on 7/1/09 Guttmann & Blaevoet (Mechanical) Position Hourly Rate Principal $210 Associate Principal $200 Associate $175 Senior Engineer $160 Engineer $130 CAD Manager $120 Designer $115 Drafter $105 Administrative $63 O’Mahony & Myer (Electrical + Lighting) Position Hourly Rate Founding Principal $225 Principals $190 Project Electrical Engineer $125 Project Lighting Designer $125 Electrical/Lighting Designer $110 CAD Supervisor $95 CITY OF PALO ALTO CONTRACT NO. C09130744 – AMENDMENT FIVE Professional Services Revised 10/18/07 62 110829 CAD Technician $85 Administrative $65 Davis Langdon (Cost Estimator) Position Hourly Rate Principals $250-$300 Associate Principals $200 Senior Associates $175 Associates $155 Cost Planners $85-$145 Clerical $65 Gates + Associates (Landscape) Position Hourly Rate President $165 Principal $110-$140 Senior Associates $95-$115 Irrigation Designer $100 Associates $80-$95 Draftspersons/Landscape Designer $65-$80 Clerical Staff $60-$70 Smith Fause McDonald (Technology/Acoustic) Position Hourly Rate Principals $165 Associates/Senior Engineers $135 Project Consultants/Engineers $120 Consultants/Engineers $95 Technicians/Drafting $75 Administrative $60 The above listed rates are adjusted annually. The next adjustment will be 1 January 2012 S:/pwd/eng/kb projects/cips/library/meetings/bond Attachment C Meeting minutes Library Bond Oversight Committee meeting Quarterly Meeting July 26, 2011 7th floor conference room, City Hall 4:00 p.m. –5:30 p.m. Committee Members:Dena Mossar (Chair), James Schmidt (Vice-Chair)not present, Alice Smith,Sandra Hirsh, John Melton Staff: (Public Works) Phil Bobel, Karen Bengard, Debra Jacobs, (Library) Monique leConge; (Administrative Services) Joe Saccio, Tarun Narayan, (Auditor)Michael Hammond Others: (Turner Construction Management) Greg Smith 3:58 p.m. ROLL CALL ORAL COMMUNICATIONS APPROVAL OF MINUTES –April 26, 2011 – Motion made by Smith, second by Melton, to approve minutes as is. Vote is unanimous without Schmidt who came in after the vote and had no objection to minutes. AGENDA REVIEW &REVISIONS –None UNFINISHED BUSINESS 1.DISCUSSION –Construction Progress (Greg Smith) a.Pictures of the projects’ construction progress were circulated. b.Downtown Library i.The project is now open and has been well received. c.Mitchell Park Library & Community Center i.Progress being made,mostly interior work now. Construction expenditures were $2.3 M in June. ii.Starting next week,tube steel and exterior walls start. iii.Lots of people are working on the project. This increase in personnel could increase costs in order to make this happen on time. iv.Considerable effort is being put into getting the building dried-in before the rainy season. v.More contingency and additional services will be necessary. Staff will be going to Council in September to ask for more contingency and additional services. vi.Projected costs include contingencies and additional services even if contingencies haven’t been included in contracts. vii.CIP won’t be increasing;just the contracted amounts will be S:/pwd/eng/kb projects/cips/library/meetings/bond increasing. d.When is the next decision point for Main Library bonds? i.Dependent on construction timing. ii.Also dependent on bond issuance relative to tax rolls. iii.At the January 2012 meeting, the committee will need to review this critical issue. iv.Bids should be in before issuing bonds, but that is not necessary. Timing it well will avoid issuing costs and capitalized interest. Better to issue more than to issue too little. NEW BUSINESS 2.DISCUSSION –Draft Financial Report Summary from Administrative Services a.Move to approve report as updated –Melton,Smith, unanimous. Since the report was amended during the meeting, there will be a need to re- circulate the report for approval. b.Staff report on changes to the scope for the Main Library was best written staff report ever. c.Controversy is looming on Main/Art connectivity which may include drive way between their parking lots. Council has approved studying this. Bond funded vs. non-bond funded will need to be discussed by LBOC. Opinion on dividing line/logical split would be constructive. Some will advocate using bond funds only. Deferred maintenance was part of what Council approved. d.A Gardeners’Task Force is being formed. e.The reasons for the contingency at Mitchell Park were detailed to the LBOC by the staff. 3.ACTION –Approval of Quarterly Report to Finance Committee. a.Since the Draft Financial Report Summary from Administrative Services was not ready in advance of the meeting, the Committee Chair will need to draft the letter and distribute it to the committee members for their approval. 4.Next Steps: a.Next meeting: October 25, 2011 i.Next report submitted will be Director of ASD for annual report. (This will require 2 cover letters with LBOC on top). ii.Officer election will need to be held in October. iii.Committee would like to meet in Downtown Library for the next meeting. iv.Outside Auditors report will be taken up in January. b.Adjournment 4:33pm Attachment D Library Bond Stakeholders Committee Meeting Minutes October 13,2011 Attendees: Dan Noce, Jim Schmidt, Rose Sebastian, Susie Thom, Monique leConge, RuthAnn Garcia, Karen Bengard, Elise deMarzo, Leo Hochberg, Sunny Dykwel, Clare Prichard, Cornelia van Aken Stakeholders –clarifying our purpose, planning ahead -All Cornelia spoke with Sheila Tucker, the Asst. to the City Manager, to get her input regarding the purpose of the BSC and how her office would like to see the group go forward. Sheila advised us to make that determination ourselves as a group. Some options could be: (1) continue on as we have been, not as a decision-making entity but providing information and comment; (2) meet less often; (3) disband the group if it no longer serves a purpose. The group determined that our discussions provide valuable input to members, especially PW, the Art Commission, and the Library Foundation. Information shared through our meetings helps them communicate with the community, including potential donors. Since the projects are far from complete, we decided to keep going as is, meeting only on alternate months with email updates sent on non-meeting months. Construction Update –Dan Noce, Karen Bengard ·MP -Dan shared the latest construction photos. Next steps will be roofing the building and putting in the paving. ·Main –60% design documents were received today. It’s not certain when the project will be bid since the project is tied to completion of MP. ·Temporary Main –will be completed in august 2012. ·DO –broadcast media center should be completed by the end of October 2011. We expect it will be widely used. ·Karen: There will be a closed session with Council on Monday, Oct. 17. Change order issues will go before Council again at that night’s regular session. ·Karen: Community meeting on Oct. 24 will focus on the Main Library/Art Center connecting road. Focus group meetings have been held with the gardeners. If the road goes through, some plots will be relocated. The end result would most likely be that the garden would gain, rather than lose, plots. Furnishings Update –Dan Noce ·MP casework designs have been reviewed, comments sent back to the designer. Will be sent out for bid in Jan. 2012. Move-in is tentatively scheduled for mid-summer. ·Cornelia –Staff reviewed and selected existing furnishings for Temporary Main. Process has not yet begun for Main. Public Art Update –Elise ·MP projects are moving along. ·Main/Art Center -Over 100 artists responded to the RFQ. 5 finalists were selected by a subcommittee of 7. The finalists developed specific plans for the site; all responses were unique. Award was made to a team, Joe Connell and Blessing Hancock. Elise will forward the video they submitted to the BSC. The art consists of 6 cut steel forms, finished to playground standards. The forms will include words and text and are designed to cast interesting shadows. At night, they will be lit with low voltage LED lights that is touch-reactive, allowing people to change the color of the pieces. The artists will attend the Oct. 24 community meeting as they need input on the text, the languages spoken in the community, and placement of the pieces. The artists will also visit the ARB and Parks & Rec Commission. Roundtable ·RuthAnn–MP and Tech. Serv. staff are looking forward to touring MP on Oct. 27 ·Monique –8 Danish librarians toured DO and MP, as well as Ideo, Stanford, San Jose, and San Francisco libraries. They are building a 300,000-400,000 sq ft library and were interested to see that we are building a space for teens at MP. 2 sustainability experts from New Zealand also toured MP. Our innovative building is attracting attention world-wide. ·Susie (Library Foundation) –they’ve raised $3.6 of $4 million goal. Their Nov. newsletter will include a donation envelope. A banner will soon go up on Embarcadero Rd., and major donors (over $25,000) will tour MP in mid-November. ·Dan –Turner, Flintco and PW are putting together educational tours for schools. ·Jim –FOPAL has recovered from their fire and presented a second $100,000 donation to the PALF for FF&E. They may be able to present a third (smaller) donation to the PALF for Main, if all continues to go well. ·Clare –The ARB has reviewed the Main/Art Center connectivity piece. Comments are all good. ·Karen –will set up a MP tour for our group at December’s meeting. NEXT MEETING: Thursday, December 8, 2011, 4:00 at the MP construction site! Wear hard-soled, close-toed shoes and pants (no skirts) Mitchell Park Construction Contract Summary of Cost Amounts (Council Authorized 20% Contingency shown in Red) $24.365M Base Contract $32M $1.296M Contingency Used $3.577M Remaining Contingency 0 5 10 15 20 25 30 35 Engineer's Estimate Construction Contract $ i n M i l l i o n s $29.238M $25.661M $24.365M Contingency Funds Mitchell Park Library Approved Change Orders (CO's) and Outstanding Potential Change Orders (PCO's) $0 $1,000,000 $2,000,000 $3,000,000 $4,000,000 $5,000,000 $6,000,0000%62%100%Percent Completion Co s t Approved CO's Outstanding PCO's 10% Contingency 20% Contingency Revised 11/10/11 Library Bond Fund Utilization Projections (September 2011) (Dollars in Millions) 4 (DT) 5.212 (DT) 4.418 (DT) $50M (Mitchell) $49.043M (Mitchell) $40.998M (Mitchell) $18M (Main) $18M (Main) $19.749M * (Main) 4 (Other) 3.745 (Other) 2.37 (Other) Cu r r e n t P r o j e c t i o n En g i n e e r ' s Es t i m a t e Bo n d E l e c t i o n Es t i m a t e Dollars (Millions) Downtown Library Mitchell Park Library Main Library Temporary Libraries & Bond Costs $67.53M $76M *The Main Library Projection was increased following Council approval on July 25, 2011 (Staff Report #1438) of approximately $1.7M of design amendments and future building improvements related to deferred maintenance, code upgrades and service enhancements. Palo Alto Library Projects Monthly Progress Report September 2011 Mitchell Park Library & Community Center Main Library Mitchell Park Main Entry Turner Construction Company Data Date: 10/4/11 Issue Date: 10/25/11 Table of Contents Public Project Status Reports Mitchell Park Library & Community Center Main Library Library Closure Plan Financial Summary KEY ACCOMPLSHMENTS Tube Steel Installation Accel-E Wall Site-Work Started UPCOMING ACTIVITIES Site Paving Roofing (650) 329-2295 September2011 WEB CAM LINK: http://173.164.239.206/view/viewer_index.shtml Library Roofing Started CONSTRUCTION BEGAN: The new Mitchell Park Library and Community Center is a highly sustainable joint-use facility that will be a vibrant destina- tion for civic, cultural, social, educational, and recreational ac- tivities . The new center, which will replace undersized and aged facilities, is made possible through Measure N and the strong partnership between the city and the community. During construction, temporary library and teen center facilities are available at the Cubberley Community Center. SCHEDULED OPENING: Fall 2012 September 2010 Progress Photos September 2011 Site Work Curb Installation for North Parking Lot Tree Silva Cell Installation Parking Lot Bioswale & Silva Cells Parking Lot Landscape Preparation Green Roof Prep for Waterproofing Site Work Curbs Preparation for Paving Tree Silva Cell Installation Exterior View September 2011 KEY ACCOMPLSHMENTS Design Development Complete Council Approved Scope Expansion UPCOMING ACTIVITIES Parking & Circulation Study The Palo Alto Main Library renovation and Fall 2012 Summer 2013 TBD The Palo Alto Main Library renovation and addition is in the final phase of design “Better Libraries for Palo Alto” projects, funded by the passage of Measure N by voters in 2008. The project incor- porates upgrades to the historic building’s structural, electrical and mechanical systems while preserving the integrity of architect Edward Durell Stone’s iconic design. The new addition includes a program room and additional restrooms to extend the services of this heavily-used branch. The project targets LEED certification. SCHEDULED OPENING: Palo Alto Library Closure Plan September 2011 Se p t e m b e r , 2 0 1 1 FI N A N C I A L S U M M A R Y B U D G E T C O S T S ME A S U R E N EN G I N E E R ' S ES T I M A T E P R O J E C T E D R E S E R V E S 09 0 1 0 C u b b e r l e y T e m p o r a r y L i b r a r y 64 5 , 0 0 0 61 9 , 6 8 7 25 , 3 1 3 09 0 0 5 D o w n t o w n L i b r a r y 4, 0 0 0 , 0 0 0 5, 2 1 2 , 0 0 0 4, 4 1 8 , 1 1 1 79 3 , 8 8 9 09 0 0 6 M i t c h e l l P a r k L i b r a r y & C . C . 50 , 0 0 0 , 0 0 0 49 , 0 4 3 , 0 0 0 41 , 5 9 3 , 6 1 8 7, 4 4 9 , 3 8 2 11 0 0 0 M a i n L i b r a r y 18 , 0 0 0 , 0 0 0 18 , 0 0 0 , 0 0 0 19 , 7 4 8 , 5 0 0 -1 , 7 4 8 , 5 0 0 11 0 1 0 A r t C e n t e r T e m p o r a r y L i b r a r y 50 0 , 0 0 0 50 0 , 0 0 0 0 Bo n d i n g a n d F i n a n c i n g C o s t s 4, 0 0 0 , 0 0 0 2, 6 0 0 , 0 0 0 1, 2 5 0 , 0 0 0 1, 3 5 0 , 0 0 0 BO N D E D A M O U N T 76 , 0 0 0 , 0 0 0 7 6 , 0 0 0 , 0 0 0 6 8 , 1 2 9 , 9 1 6 7 , 8 7 0 , 0 8 4 - - -