HomeMy WebLinkAboutStaff Report 439-10TO: HONORABLE CITY COUNCIL
FROM: CITY MANAGER DEPARTMENT: PUBLIC WORKS
DATE: DECEMBER 6, 2010 CMR:439:10
REPORT TYPE: CONSENT
SUBJECT: Approval of Contract with KP A Group, Inc., in the amount of
$125,888 for Design Services for the Municipal Services Center
Improvements Project -Capital ImprovementProject PF-05002
RECOMMENDATION~"
Staff recommends that Council approve and authorize the City Manager or his designee to
execute the attached contract with KP A Group, Inc., (Attachment A) in the amount of $112,400
for design services fees and $13,488 for additional services for a total not to exceed amount of
$125,888. .
BACKGROUND
The Municipal Services Center (MSC), constructed in 1965, functions as the operational
headquarters for the Public Works and Utilities departments. The MSC houses all in-house
construction crews and equipment, the maintenance facility for the City's fleet, a fueling station,
and the City'S supply warehouse. The original lighting, mechanical, and electrical equipment at
the Municipal Service Center is outdated and inefficient. Various remodels have occurred in the
&dministrative and shop areas resulting in added 108.d to the mechanical and electrical systems in
the buildings. Business use of many areas has changed over the years without adequate upgrades
to the building systems and the systems no longer adequately support the current operation at this
site.
The alternatives to such upgrade/replacement would be the continued use of such equipment,
leading to further wear and tear, and eventual breakdown and shutoff of multiple areas in each
building. Since the proposed work is quite extensive the use of a general contractor, rather than
City employees, would prove to be beneficial both in costs and labor.
DISCUSSION
The work to be performed under the contract is for design of the upgrade and/or replacement of
rapidly degrading mechanical, electrical, and lighting equipment at all three (3) Municipal
Service Center buildings A, B, and C, resulting in the highest efficiency and to meet current
Green Building requirements. The Consultant will complete all Design Phase Services within 60
calendar days after issuance of the Notice to Proceed.
CMR:439:10 Page 1 of2
The Request for Proposal was competitively solicited. Five (5) local ArchitecturallEngineering
firms responded and submitted bids. Each proposal was independently evaluated. Consultant
selection was based on performance qualifications.
The buildings will remain occupied during construction of the project and work will be
-scheduled to keep systems operational during working hours and to minimize the impacts of
construction on staff and the public.
RESOURCE IMPACT
Funds for this contract are available in Capital Improvements PrograIil Project PF -05002,
Municipal Service Center Improvements Project.
POLICY IMPLICATIONS
There are no policy implications.
ENVIRONMENTAL REVIEW
The project is categorically exempt from review under the California Environmental Quality Act
under Guidelines Section 15301, maintenance, repair or minor alteration of existing public
faeilities. -~.--~~-.:.~. ·CC.-·~-.-. ~-
ATTACHMENTS
Attachment A: Contract
PREPARED BY:
DEPARTMENT HEAD:
CITY MANAGER APPROVAL:
CMR:439:10
MICHAEL WONG
Acting Manager, Facilities Maintenance
and Projects
~~ J. _ _ LSARTOR
Acting Director of Public Works
Ctl{/JAMES KEENE -"'l'Y City Manager
Page 2 of2
ATTACHMENT A
CITY OF PALO ALTO CONTRACT NO. Cll135389
AGREEMENT BETWEEN THE CITY OF PALO ALTO AND THE KPA GROUP
FOR PROFESSIONAL SERVICES
This Agreement is entered into on this 6th day of December, 2010, ("Agreement") by
and between the CITY OF PALO ALTO, a California chartered municipal corporation ("CITY"),
and THE KP A GROUP, a California corporation, located at One Kaiser Plaza, Suite 445, Oakland,
CA 94612 ("CONSULTANT").
RECITALS
The following recitals are a substantive portion of this Agreement.
A. CITY intends to improve the mechanical and electrical system of the Municipal Service
Center (''Proj ect") and desires to engage a consultant to design, provide construction documents, and
-cunstruction administ:l"ation 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 ofthe recitals, covenants, terms, and conditions, this
Agreement, the parties agree:
.. AGREEMENT
SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described in
Exhibit "A" in accordance with the 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. CONSULT ANT shall complete the Services within the term of this
Agreement and in accordance with the schedule set forth in Exhibit "B", attached to and made a part
of this Agreement. Any Services for which times for performance are not specified in this Agreement
shall be commenced and completed by CONSULT ANT 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
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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
CONSULT ANT for performance of the Services described in Exhibit "A", including both payment
for professional services and reimbursable expenses, shall not exceed One Hundred Twelve
Thousand Four Hundred Dollars ($112,400). ill the event Additional Services are authorized, the
total compensation for services and reimbursable expenses shall not exceed Thirteen Thousand Four
Hundred Eighty Eight Dollars ($13,488). The applicable rates and schedule of payment are set out in
Exhibit "C-I ", 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 perfonned
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. INYOICES .. 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-I "). 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 CONSULT ANT 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.liiufficient skill and experience to perform the Services
assigned to them. CONSULT ANT 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
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. CONSULT ANT shall submit drawings and calculations to the City
for Plan Check and shall respond to Plan Check comments from the City.
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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 CONSUL T ANT has prepared plans and specifications or other design
documents to construct the Project, CONSULTANT shall be obligated to correct any and all errors,
omissions or ambiguities discovered prior to and during the course of construction of the Project.
This obligation shall survive termination ofthe 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. Ifthe total estimated construction cost at any submittal exceeds ten percent (10%)
of the CITY's stated construction budget, CONSULT ANT 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 contractoLandnot an agent or employee of the CITY. CONSULTANT will be
responsible for employing or engaging all persons necessary to perform the services. All contractors
and employees of CONSULTANT are deemed to be under CONSULTANT'S exclusive direction
and control. CONSULTANT shall be responsible for their performance.
SECTION 11. ASSIGNMENT. The parties agree that the expertise and experience of
CONSULT ANT are material considerations for this Agreement. CONSULTANT shall not assign or
transfer any interest in this Agreement nor the performance of any of CONSULTANT's obligations
hereunder without the prior written consent ofthe city manager. Consent to one assignment will not
be deemed to be consent to any subsequent assignment. Any assignment made without the approval
of the city manager will be void.
SECTION 12. SUBCONTRACTING.
CONSULTANT shall not subcontract any portion of the work to be performed under this Agreement
without the prior written authorization of the city manager or designee.
CONSULTANT shall be responsible for directing the work of any sub consultants 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
sub consultant. CONSULTANT shall change or add subconsultants only with the prior approval of
the city manager or his designee. Any communications with sub consultants shall be through
CONSULTANT.
SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Mathew Inadomi as
the Proj ect Manager to have supervisory responsibility for the performance, progress, and execution
of the Services to represent CONSULTANT during the day-to-day work on the Project. If
circumstances cause the substitution of the project director, project coordinator, or any other key
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personnel for any reason, the appointment of a substitute project director and the assignment of any
keynew or replacement personnel will be subject to the prior written approval ofthe 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 Richard Zolezzi, Public Works Department, Facilities Division, 3201
East Bayshore Road, Palo Alto, CA 94303, Telephone (650)496-6920. 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
.~ lllJ>perty rights in favor of the CITY.N either CONSUL T ANT nor its contractors, if any, shall make
any of such materials available to any individual or organization without the prior written approval of
the City Manager or designee. CONSULTANT makes no representation of the suitability of the
work product for use in or application to circumstances not contemplated by the scope of work.
SECTION 15. 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.
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SECTION 17. WAIVERS. The waiver by either party of any breach or violation of any covenant,
term, condition or provision of this Agreement, or ofthe provisions of any ordinance or law, will not
be deemed to be a waiver of any other term, covenant, condition, provisions, ordinance or law, or of
any subsequent breach or violation 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 h~reunder shall be provided through carriers
with AM Best's Key Rating Guide ratings of A-:Vll or higher which are licensed or authorized to
transact insurance business in the State of California. Any and.all contractors of CONSULTANT
_re1.ained_ to perf.orm.B_ervices under this Agreement will obtain and maintain,_in full force_and".effect
during the term of this Agreement, similar 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 polici~.s of insurance will not be
construed to limit CONSULT ANT'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, mc1uding 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, CONSULT ANT will immediately
discontinue its performance of the Services.
19 .2. CONSULTANT may tenninate this Agreement or suspend its performance of
the Services by giving thirty (30) days prior written notice thereofto CITY, but only in the event of a
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substantial failure ofperfonnance by CITY.
19.3. Upon such suspension or tennination, 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 tennination; 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 detennination may be made by
the City Manager acting in the reasonable exercise ofhislher discretion. The following Sections will
survive any expiration or tennination of this Agreement: 14, 15, 16, 19.4,20, and 25.
_____ _ ... _-)95. __ No llayment, partiaLpayment,acceptance, or partiaLacceptance_by CITYwill
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 perfonnance of the Services.
21.2. CONSULTANT further covenants that, in the perfonnance of this Agreement,
it will not employ subconsultants, contractors or persons having such an interest. CONSULTANT
certifies that no person who has or will have any financial interest under this Agreement is an officer
or employee of CITY; this provision will be interpreted in accordance with the applicable provisions
of the Palo Alto Municipal Code and the Government Code of the State ofCalifomia.
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21.3. If the Project Manager determines that CONSULTANT is a "Consultant" as
that term is defined by the Regulations of the Fair Political Practices Commission, CONSULTANT
shall be required and agrees to file the appropriate fmancial 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
230.510, CONSULTANT certifies that in the performance of this Agreement, it shall not
discriminate in the employment of any person because ofthe 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 230.510 of the Palo Alto Municipal Code relating to Nondiscrimination
Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section
230.510 pertaining to nondiscrimination in employment.
SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE
REOIDREMENTS. CONSULTANT shall comply with the City's Environmentally Preferred
~-Ur-Ghasing-,policies~which are available -at the City' s-PurchasingDepartment, ,incorporated hy
reference and may be amended from time to time. CONSULT ANT 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 compo sting 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 of30% 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 of30% 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 subj ect to the fiscal provisions of the Charter ofthe 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
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in the event of a conflict with any other covenant, term, condition, or provision ofthis Agreement.
SECTION 25. MISCELLANEOUS PROVISIONS.
25.1. This Agreement will be governed by the laws of the State of California.
25.2. In the event that an action is brought, the parties agree that trial of such action
will be vested exclusively in the state courts of California 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 att~rneys 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 fmds 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 ~corporated 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. CONSULT ANT shall not use Personal Information for direct marketing
purposes without City's express written consent.
25. 9 The individuals executing this Agreement represent and warrant that they have
the legal capacity and authority to do so on behalf of their respective legal entities.
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IN WlINJES$ WFreREQF, the .~~$hereto mtvel)y their d~yaAthQtized
rep¢selttatiVes executedtl'lis Agreement:ortthedatenrstabovewtiiten. .
City: Manager
APPJ1;()VED AS to FORM:
Attachinetrts:
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ExmBlt'~C":
ExaIBIT ~'C~l":
EXHIBtr~~D;~:
PmfeSsional Services
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EXHIBIT "A"
SCOPE OF SERVICES
The Consultant's services shall include the following:
1. SCOPE
A. General
1. Field investigation of the project site and all existing conditions that may affect
the scope of work. Review of Utility Audit, Facility Assessment Report, all
available plans and documentation, and the City's Green Building Ordinance
requirements.
2. Attend meetings with the City's Project Manager throughout the project as
required.
3. --c~,Work~eJ€)selywith~J>1'0je€t-ManageI to-assure the total-project cost does not
exceed the project budget. Provide cost estimate at 60% and 100% completion in
a fonnat the Consultant deems appropriate.
4. Preparation of construction specifications and pennit drawings.
5. Bid Phase and Construction Administration services.
B. Preliminary Design
Consultant will review all existing conditions relevant to this project and evaluate the
existing mechanical, electrical, and architectural features of the facilities described
above.
Consultant will develop a list of circuits, transfonners, and panel boxes that require
modification to support mechanical and electrical upgrades and reasonable future growth
limited to the confines of the existing building.'
Consultant will furnish drawings and discuss technical requirements with staff for review
and approval at 30% design completion stage.
Consultant will design improvements to confonn to all applicable codes, laws and
regulations including the Unifonn Building, Mechanical, Electrical and Fire Codes.
C. Final Design
Consultant will furnish drawings and technical specifications to staff for review and
approval at 60% and 100% design completion stage. Final drawings will be suitable for
review by the Building Division.
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Consultant will work with the Project Manager to develop a preliminary schedule for the
Final Design Scope of Work continued:
work that minimizes downtime and disruption of occupants and will be signed off by the
Project Manager.
Consultant will assist Project Manager to obtain a building permit by furnishing all the
necessary drawings and calculations and working with the Planning Department,
Building Division, as required.
D. Bid Period
Consultant will attend a pre-bid conference for interested contractor personnel.
Consultant will assist Project Manager in responding to technical questions from
prospective bidders during the bid period.
E. Construction Administration
The Consultant will provide construction administration phase services commencing
from the award of the construction contract.
Consultant will attend a pre-construction meeting. Consultant will attend bi-weekly
construction meetings and will keep meeting minutes.
Consultant will review contractor's working schedule and note any slippage in schedule
dates or long lead items that will affect the project.
Consultant will keep RFI and submittal logs and respond to clarification requests as
required ... RFI's are to be responded to by the Consultant within fiv~ .working days to the
Contractor and Project Manager. Submittals will be reviewed and returned within five
(5) working days.
At project completion, contractor will provide "as-built" information for the Consultant
to prepare final record drawings. Consultant will verify the data provided before
preparing the record drawings. Record drawing will be provided in AutoCAD format on
a CD, as well as two (2) sets of hard copy drawings.
The services andlor materials furnished under this Agreement shall commence on the
date of its execution by CITY, and shall be completed in accordance with Exhibit "B".
Consultant will commence bid and construction phase work in accordance with the time
schedule set forth in Exhibit "B". In the event that the Project is not completed within
the time required through any fault of CONSULTANT, City's City Manager will have
the option of extending the time schedule for any period of time. The provision will not
preclude the recovery of damages for delay cause by CONSULTANT."
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2. FINAL DRAWINGS AND SPECIFICATIONS
A. Project Drawings and Specifications
Consultant will submit two (2) sets ofproject development drawings and specifications
during preliminary and final design phases. Upon completion of the final design the
Consultant will submit two (2) hard copies of specifications, one (1) set of specifications
Project Drawings and Specifications continued: in electronic version using MS Word
format, two (2) sets of drawings for Facilities use, complete set of drawing on CD in
AutoCAD version R14 or R2000, and five (5) wet stamped drawings per location to the
City Building Division. Specifications will include Division 1. Drawing shall be on a
24" x 36" sheet size with'a scale of 114" = 1'.
3. INFORMATION TO BE PROVIDED BY THE CITY
The City will provide the consultant with copies of all applicable record drawings available for
--~--'MgC-BuilQing~A,B,-& C:;Gonceptualdesign, and documentation for accessibility ------
improvements completed to date.
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EXIDBIT "B"
SCHEDULE OF PERFORMANCE
CONSULTANT shall perform the Services so as to complete each milestone within the number
of days/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.
The Consultant will complete all Design Phase Services within 60 calendar days after issuance
of the Notice to Proceed. Consultant shall provide all necessary design services, including
architectural design, mechanical, electrical, and structural engineering. Consultant shall also
provide conceptual design, final design, construction documents, and cost estimating.
This time frame will exclude City review.
Construction Administration Services will be scheduled upon award of the construction phase of
~~,Jhe_.project~'I'heduration of this -.period may -take severalmonths to a year or so, and-is
dependent on the successful collaboration between the Consultant and the selected general
contractor in achieving the best possible results, while still fulfilling the goals of vastly improved
buildings with the highest efficiencies.
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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-l 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
$112,400. 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 $13,488. 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
belo",. ,The CITY's Proj¥~LMMJ.ager 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 $100 and the total compensation
for Additional Services does not exceed $13,488.
Basic'Services:
The fee for Consultant services for this work will include all Consultant costs necessary
for providing the desired services, including sub-consultant costs, reimbursables,
meetings, and report generation. Reimbursables will include travel, document
reproduction costs, mailing, and courier services.
The amount of compensation will be calculated in accordance with the hourly rate
schedule set forth in Exhibit "C-l", on a time and materials basis, up to the maximum
amount set forth in this Section. The fee for work shall include all consultant costs
necessary for providing the services incluCiing sub-consultant costs and reimbursables.
The fees of any consultants, who have direct contractual relationships with
CONSULTANT, will be approved, in advance, by CITY. CITY reserves the right to
refuse payment of such fees, if such prior approval is not obtained by CONSULTANT."
Consultant will provide all basic services for a time and materials Not-To-Exceed (NTE)
fee of One Hundred Twelve Thousand Four Hundred Dollars ($112,400) including
reimbursables:
Preliminary Design
Final Design
Bidding Period
Construction Administration
Total
$27,000
$47,600
$2,800
$35,000
$112,400
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Sub-total Basic Services $112,400
Total Basic Services and Reimbursable expenses $112,400
Additional Services (Not to Exceed) $13,488
Maximum Total Compensation $125,888
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.
ADDITIONAL SERVICES
The CONSULTANT shall provide additional services only by advanced, written authorization
from the CITY. The CONSULTANT, at the CITY's projectmana.ger's request, shaUsubmifa
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-l. The additional services
scope, schedule and maximum compensation shall be negotiated and agreed to in writing by
the CITY's Project Manager and CONSULTANT prior to commencement of the services.
Payment for additional services is subject to all requirements and restrictions in this
Agreement
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Principal
Associate
Sr. Engineer/Architect
Engineer/Architect/Designer
CAD
Administration
EXHffiIT "C-l"
HOURLY RATE SCHEDULE
$175-$2051hr
$145-$1801hr
$ 135-$ 1651hr
$95-$1351hr
$70-$901hr
$60-$801hr
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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
WITHAM BEST'S KEY RATING OF A-:VII,ORmGHER,UCENSEDORAUTHORIZEDTOTRANSACTINSURANCEBUSINESSIN
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
YES
YES
YES
YES
YES
YES
OCCURRENCE AGGREGATE
WORKER'S COMPENSATION STATUTORY
EMPLOYER'S LIABILITY STATUTORY
BODILY INJURY $1,000,000 $1,000,000
GENERAL LIABILITY, INCLUDING
PERSONAL INJURY, BROAD FORM PROPERTY DAMAGE $1,000,000 $1,000,000
PROPERTY DAMAOE BLANKET
CONTRACTUAL, AND FIRE LEGAL BODILY INJURY & PROPERTY DAMAGE $1,000,000 $1,000,000
LIABILITY COMBINED.
BODILY INJURY $1,000,000 $1,000,000
-EACH PERSON $1,000,000 $1,000,000 -EACH OCCURRENCE $1,000,000 $1,000,000
-------AUTOMOBILE LIABILITY"INCLlIDING - -"_.".
ALL OWNED, HIRED, NON-OWNED PROPERTY DAMAGE $1,000,000 $1,000,000
BODILY INJURY AND PROPERTY $1,000,000 $1,000,000
DAMAGE, COMBINED
PROFESSIONAL LIABILITY, INCLUDING,
ERRORS AND OMISSIONS,
MALPRACTICE (WHEN APPLICABLE);
AND NEGLIGENT PERFORMANCE ALL DAMAGES $1,000,000
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 ONL Y 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 <;:OVERAGE 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.
ll. CONT ACTOR MUST SUBMIT CERTIFICA TES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE.
Ill. 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
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