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HomeMy WebLinkAbout2004-07-12 City Council (3)TO: FROM: City of Palo Alto City Manager’s Report ttONONABLE CI’l~ COUNCIL ~ CITY MANAGER DEPARTMENT: PUBLIC WORKS 8 DATE: SUBJECT: JULY 12, 2004 CMR:348:04 APPROVAL OF A CONTRACT WITH RRM DESIGN GROUP IN THE AMOUNT OF $99,000 FOR FIRE STATION 3 AND 4 REPLACEMENT FEASIBILITY STUDY - CAPITAL IMPROVEMENT PROJECT PE-04013 RECOMMENDATION Staff recommends that Council approve and authorize the Mayor to execute the attached consultant agreement (Attachment A) with RRM Design Group in the amount of $99,000 for the Fire Stations 3 and 4 Replacement Feasibility Study (PE-04013). BACKGROUND In February 2002, the City contracted with Biggs Cardosa Associates, Inc. to conduct seismic and general structural evaluations of six Palo Alto Fire Stations, 1, 2, 3, 4, 5, and 8. Biggs Cardosa used the 1997 Uniform Building Code (UBC) for essential facilities to evaluate these fire stations and to identify any structural deficiencies. The performance objective for the structural evaluation of fire station buildings is to limit damage in a code-level earthquake so that the buildings can remain occupied and continue to provide life-safety services after a maximum credible seismic event. The December 2002 Biggs Cardosa Associates Seismic Evaluation and Final Report, recommended seismic upgrades be undertaken at Fire Stations 1, 2, 5 and 8. Stations 1 and 2 will receive seismic upgrades in FY 2004-05, and Station 5 and Station 8 in FY 2005-06 as part of Capital Improvement Program Project PE-04013, Fire Station Improvements. In the case of Fire Stations 3 and 4, the Biggs Cardosa report noted significant seismic deficiencies and a potential for instability of soils due to liquefaction at both sites. The report concludes that replacement of the existing buildings may be necessary to meet essential service standards for fire station buildings. Staff concluded that retrofitting and renovating Fire Stations 3 and 4 would not be feasible or cost effective based on the Biggs Cardosa seismic evaluation, and the need to upgrade the structures to comply with current building code and accessibility requirements. As part of the FY 2003-04 Capital C1VIR:348:04 Page 1 of 4 Budget, Council approved $100,000 for the Fire Stations 3 and 4 Replacement Feasibility Study (project PE-04013). DISCUSSION The feasibility study will evaluate the design and construction of new Fire Stations 3 and 4; the study is limited to the current station sites. Both fire station sites will be reviewed and Fire personnel at the two stations will be interviewed to determine current operational needs as part of a needs assessment. The study will include an evaluation of current and future building codes and regulatory issues as they pertain to structural!seismic performance, building code classification and Title 24/accessability. The feasibility study will also include an analysis of potential options to incorporate green building elements into the new buildings in accordance with the City’s Green Building Policy. The potential replacement facilities will be programmed to optimize fire operations and budgeted to allow for a balance of initial construction costs versus long- term maintenance. In addition, an analysis of parking, site work, landscaping, environmental impacts, visual appearance, and other impacts that new construction may cause will be conducted as part of the scope of work. An Initial Study Checklist in accordance with the California Environmental Quality Act (CEQA) will be completed to identify the potential environmental impacts of demolishing the existing fire stations and constructing new fire stations at each site. The final feasibility study report, including conceptual design, cost estimates and Initial Study Checklist will be presented to the Architectural Review Board (ARB) and the City Council in 2005. Following is a summary of the selection process used leading to staff recommendation for selecting RRM Design Group. Consultant Selection On January 14, 2004 staff posted at City Hall and sent Requests for Proposals to 16 consultants for the .Fire Station 3 and 4 Replacement Feasibility Study. After reviewing proposals and conducting interviews, RRM Design Group was selected as the consultant for the project. Summary_ of Bid Process Proposal Description/Number Proposed Length of Project Number of Proposals Mailed Total Days to Respond Proposal Pre-Proposal Meeting? Fire Station 3 and 4 Replacement Feasibility Study (RFP #104471) 5 months 16 28to CMR:348:04 Page 2 of 4 INumber of Companies at Pre- Proposal Meeting Number of Proposals Received: N/A 11 Company Name 1. BSA Architects 2. 3. 5, 6. 7. 8. WLC Architects Marcy Wong & Dolm Logan Architects ~ Design Group CJW Architecture ZG Planning and Design Leach Mounce Architects Keller and Daseking Architects 9. C3 Design Alliance 10. Noll & Tam.Architects. 11. Group 4 Range of Proposal Amotmts Submitted Location (City, State) San Francisco, CA Rancho Cucamooga, CA Berkeley, CA San Luis Obispo, CA Portola Valley, CA San Jose, CA Ventura, CA Menlo Park San Francisco, .CA Berkeley, CA South San Francisco, CA $38K to $118K Selected for IntelMew Yes No No Yes NO No Yes No Yes No Yes A consultant selection interview panel consisting of staff members from the Fire Department, Purchasing Division and Public Works Engineering reviewed the 11 proposals received from interested design fLrms and five firms were selected for interviews on March 24 and 25, 2004. The interview panel carefully reviewed each firm’s qualifications and submittal in response to the RFP relative to the following criteria: ¯approach and methodology, o proposal quality, ¯scope of services, o relevant experience ~personnel qualifications. Although all five firms have some experience with fire station projects, staff recommends RRM Design Group since its primary specialty is fire station design, and it has completed numerous successful fire station projects throughout California. Staff checked references from previous clients of RRM Group Design, and it was highly recommended. The fee of $90,900 will include needs assessment; site and building analysis; environmental assessment, including Initial Study Checklist, site, geotechnical and hazardous material studies; sustainability design options; cost estimation; and presenting the final feasibility study to the ARB and the City Council. A total of $8,100 has been CMR:348:04 Page 3 of 4 budgeted for additional services that may become necessary during the project;, these most likely would be additional public meetings, based on staff’s experience with other, similar contracts. Refer to Attachment A for consultant agreement and scope of services. At the end ~of the ~feasibility study phase, the consultant’s contract may be amended to complete .the next design phase depending upon the consultant’s performance, funding availability .and City Council direction. RESOURCE IMPACT Funds for this project are included in the FY 2003-04 Capital Improvement Program (CIP) project budget PE-04013. ~ POLICY IMPLICATIONS Approval of the contract is consistent with existing City policies. ENVIRONMENTAL REVIEW Approval of the consultant contract to prepare the Fire Stations 3 and 4 feasibility study is exempt from the provisions of CEQA pursuant to CEQA Guideline § 15306. The feasibility study will include preparation of an Initial Study to assess the environmental impacts resulting from the demolition and reconstruction of Fire Station 3 and 4. Prior to any discretionary action regarding the fire station projects, environmental review will be completed. ATTACHMENTS Attachment A: Consultant Agreement PREPARED BY: DEPARTMENT HEAD: CITY MANAGER APPROVAL: GLENN ROBERTS Director of Public Works EMIL~~ON Assistant City Manager CMR:348:04 Page 4 of 4 City of Palo Alto City Manager’s Report TO: FROM: HONORABLE CITY COUNCIL CITY MANAGER DEPARTMENT: PUBLIC WORKS 8 DATE: SUBJECT: JULY 12, 2004 CMR:348:04 APPROVAL OF A CONTRACT WITH RRM DESIGN GROUP IN THE AMOUNT OF $99,000 FOR FIRE STATION 3 AND 4 REPLACEMENT FEASIBILITY STUDY - CAPITAL IMPROVEMENT PROJECT PE-04013 RECOMMENDATION Staff recommends that Council approve and authorize the Mayor to execute the attached consultant agreement (Attachment A) with RRM Design Group in the amount of $99,000 for the Fire Stations 3 and 4 Replacement Feasibility Study (PE-04013). BACKGROUND In February 2002, the City contracted with Biggs Cardosa Associates, Inc. to conduct seismic and general structural evaluations of six Palo Alto Fire Stations, 1, 2, 3, 4, 5, and 8. Biggs Cardosa used the 1997 Uniform Building Code (UBC) for essential facilities to evaluate these fire stations and to identify any structural deficiencies. The performance objective for the structural evaluation of fire station buildings is to limit damage in a code-level earthquake so that the buildings can remain occupied and continue to provide life-safety services after a maximum credible seismic event. The December 2002 Biggs Cardosa Associates Seismic Evaluation and Final Report, recommended seismic upgrades be undertaken at Fire Stations 1, 2, 5 and 8. Stations 1 and 2 will receive seismic upgrades in FY 2004-05, and Station 5 and Station 8 in FY 2005-06 as part of Capital Improvement Program Project PE-04013, Fire Station Improvements. In the case of Fire Stations 3 and 4, the Biggs Cardosa report noted significant seismic deficiencies and a potential for instability of soils due to liquefaction at both sites. The report concludes that replacement of the existing buildings may be necessary to meet essential service standards for fire station buildings. Staff concluded that retrofitting and renovating Fire Stations 3 and 4 would not be feasible or cost effective based on the Biggs Cardosa seismic evaluation, and the need to upgrade the structures to comply with current building code and accessibility requirements. As part of the FY 2003-04 Capital CMR:348:04 Page 1 of 4 Budget, Council approved $100,000 for the Fire Stations 3 and 4 Replacement Feasibility Study (project PE-04013). DISCUSSION The feasibility study will evaluate the design and construction of new Fire Stations 3 and 4; the study is limited to the current station sites. Both fire station sites will be reviewed and Fire personnel at the two stations will be interviewed to determine current operational needs as part of a needs assessment. The study will include an evaluation of current and future building codes and regulatory issues as they pertain to structural/seismic performance, building code classification and Title 24/accessability. The feasibility study will also include an analysis of potential options to incorporate green building elements into the new buildings in accordance with the City’s Green Building Policy. The potential replacement facilities will be programmed to optimize fire operations and budgeted to allow for a balance of initial construction costs versus long- term maintenance. In addition, an analysis of parking, site work, landscaping, environmental impacts, visual appearance, and other impacts that new construction may cause will be conducted as part of the scope of work. An Initial Study Checklist in accordance with the California Environmental Quality Act (CEQA) will be completed to identify the potential environmental impacts of demolishing the existing fire stations and constructing new fire stations at each site. The final feasibility study report, including conceptual design, cost estimates and Initial Study Checklist will be presented to the Architectural Review Board (ARB) and the City Council in 2005. Following is a summary of the selection process used leading to staff recommendation for selecting RRM Design Group. Consultant Selection On January 14, 2004 staff posted at City Hall and sent Requests for Proposals to 16 consultants for the .Fire Station 3 and 4 Replacement Feasibility Study. After reviewing proposals and conducting interviews, RRM Design Group was selected as the consultant for the project. Summary_ of Bid Process Proposal Description/Number Proposed Length of Project Number of Proposals Mailed Total Days to Respond Proposal Pre-Proposal Meeting? to Fire Station 3 and 4 Replacement Feasibility Study (RFP #104471) 5 months 16 28 No CMR:348:04 Page 2 of 4 N/ANumber of Companies at Pre. Proposal Meeting Number of Proposals Received:11 Company Name 1. BSA Architects 2. 3. 5. 6. 7. 8. WLC Architects Marcy Wong & Donn Logan Architects RRM Design Group CJW Architecture ZG Planning and Design Leach Mounce Architects Keller and Daseking Architects 9. C3 Design Alliance 10. Noll & Tam Architects 11. Group 4 Range of Proposal Amounts Submitted Location(City, State) San Francisco, CA Rancho Cucamonga, CA Berkeley, CA San Luis Obispo, CA Portola Valley, CA San Jose, .CA Ventura, CA Menlo Park San Francisco, .CA Berkeley, CA South San Francisco, CA $38K to $118K Selected for Interview Yes No No Yes No No Yes No Yes Yes A consultant selection interview panel consisting of staff members from the Fire Department, Purchasing Division and Public Works Engineering reviewed the 11 proposals received from interested design finns and five firrns were selected for interviews on March 24 and 25, 2004. The interview panel carefully reviewed each firrn’s qualifications and submittal in response to the RFP relative to the following criteria: ¯approach and methodology, ¯proposal quality, ¯scope of services, ¯relevant experience ¯personnel qualifications. Although all five firms have some experience with fire station projects, staff recommends RRM Design Group since its primary specialty is fire station design, and it has completed numerous successful fire station projects throughout California. Staff checked references from previous clients of RRM Group Design, and it was highly recommended. The fee of $90,900 will include needs assessment; site and building, analysis; environmental assessment, including Initial Study Checklist, site, geotechnical and hazardous material studies; sustainability design options; cost estimation; and presenting the final feasibility study to the ARB and the City Council. A total of $8,100 has been CMR:348:04 Page 3 of 4 budgeted for additional services that may become necessary during the project; these most likely would be additional public meetings, based on staff’s experience with other, similar contracts. Refer to Attachment A for consultant agreement and scope of services. At the end of the feasibility study phase, the consultant’s contract may be amended to complete the next design phase depending upon the consultant’s performance, ftmding availability and City Council direction. RESOURCE IMPACT Funds for this project are ,included in the FY 2003-04 Capital Improvement Program (CIP) project budget PE-04013. POLICY IMPLICATIONS Approval of the contract is consistent with existing City policies. ENVIRONMENTAL REVIEW Approval of the consultant contract to prepare the Fire Stations 3 and 4 feasibility.study is exempt from the provisions of CEQA pursuant to CEQA Guideline §15306. The feasibility study will include preparation of an Initial Study to assess the environmental impacts resulting from the demolition and reconstruction of Fire Station 3 and 4. Prior to any discretionary action regarding the fire station projects, environmental review will be completed. ATTACHMENTS Attachment A: Consultant Agreement PREPARED BY: DEPARTMENT HEAD: GLENN ROBERTS Director CITY MANAGER APPROVAL: 9N City Manager CMR:348:04 Page 4 of 4 ATTACHMENT A CONTRACT NO. BETWEEN THE CITY OF PALOALTOAND RRMDESIGN GROUP FOR CONSULTING SERVICES This Contract No.is entered into , by and between the CITY OF PALO ALTO, a chartered city and a municipal corporation of the State of California ("CITY"), and RRM Design Group, a corporation, located at 3765 iSouth Higuera Suite 102 San Luis Obispo, CA 93401 ("CONSULTANT"). RECITALS: WHEREAS, CITY desires certain professional consulting services (~Services") and the preparation and delivery of, without limitation, one or more sets of documents, drawings, maps, plans, designs, data, calculations, surveys, specifications, schedules or other writings (~Deliverables") (Services and Deliverables are, collectively, the "Project"), as more fully described in Exhibit ~A"; and WHEREAS, CITY desires to engage CONSULTANT, including its employees, if any, in providing the Services by reason of its qualifications and experience in performing the Services, and CONSULTANT has offered to complete the Project on the terms and ~n the manner set forth herein; and WHEREAS, this Contract shall be known as the Feasibility Study Phase Contract for the Fire Stations 3 and 4 Replacement Project. Fire Station 3 is located on 799 Embarcadero Road and Fire Station 4 is located on 3600 Middlefield Road; and WHEREAS, Under this Feasibility Study Phase Contract CONSULTANT shall prepare a feasibility study for the Fire Stations 3 and 4 Replacement Project ~to include a needs assessment, preparation of an Initial Study, site analysis and building massing plans, geological hazards evaluation, geotechnical and hazardous material studies, sustainable design strategies, and a total project cost estimate; and WHEREAS, if CITY decides to proceed with the completion of the design and construction of the Fire Stations 3 and 4 Replacement Project, CITY, in its sole discretion, may issue a new request for proposal for consultant services to. complete the design and construction of the fire stations or may negotiate with CONSULTANT to amend this contract to include performance of such services. // 040628 sm 0100252 NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this Contract, the parties agree: SECTION i. TERM i.I This Contract will commence on the date of its execution by CITY, and will terminate upon the completion of the Project and in accordance with the time schedule set forth in Exhibit ~A", unless this Contract is earlier terminated by CITY. Upon the receipt of CITY’s notice to proceed, CONSULTANT wil! ¯commence work on the initial and subsequent Project tasks in accordance with the time schedule set forth in Exhibit "A"o Time is of the essence of this Contrac~ 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. This provision will not preclude the recovery of damages for delay caused by CONSULTANT. SECTION 2.SCOPE OF PROJECT; CHANGES & CORRECTIONS 2.1 The scope of Services and Deliverables constituting the Project will be performed, delivered or executed by CONSULTANT under the phases of the Basic Services as described in section 2.1.1 through 2.1.6 below and as further described in Exhibit ~A". 2.1.1 CONSULTANT shall conduct a Needs Assessment of the Fire Stations 3 and4 facilities by participating in a series of interviews, site visits, and meetings with City representatives to identify operational and functional requirements of the Fire Department, and will thoroughly review the Fire Department preliminary list of improvements, existing conditions and all reports, plans and reference documents available. CONSULTANT will also recommend office, living areas, and shop space standards for each job classification and equipment needs at each fire station. 2.1.2 CONSULTANT shall provide the following studies: Geological Hazards Evaluation; Geotechnical Engineering Study; Hazardous Materials Study. 2.1.3 CONSULTANT shall prepare a summary memorandum with graphic representation for two (2) conceptual site plans for each fire station to identify new building opportunities and sustainable building options. This effort wil! consider the impacts of current and future building code and regulatory issues such as structural/seismic performance, building code classification, Title 24/accessibility, the City’s Green Building Policy, building systems, security, vehicle and pedestrian movement/access, parking, site work, landscaping, environmental impacts, visual image, construction and relocation phasing, salvaging equipment and other impacts new construction may cause. CONSULTANT shall also proceed with the building systems phase of the work for cost estimating 2 purposes. This work shall commence with the development of massing studies, site plans and preliminary grading plans for review by the ci<y. 2.1.4 CONSULTANT will review, analyze] and identify the environmental impacts of demolishing the existing fire stations and constructing new fire stations at each site based on the project program, two (2) building analysis and site arrangement studies for each fire station. An Initial Study Checklist will be prepared for each site in accordance with the California Environmental Quality Act and the requirements of the Planning and Community Environment Department. 2.1.5 CONSULTANT shall present the feasibility study and final proposed project budget to the City for approval and direction and make the necessary revisions based on City’s review comments. The project budget will include all known costs associated with replacement of each fire station including but not limited to: furnishings; non-construction costs; relocation costs; demolition, life cycle costs; design fees; testing; construction; cost escalation; and contingencies. 2.1.6 CONSULTANT shall prepare a comprehensive project schedule outlining the proposed timeline of the project through implementation and occupation. 2.2 CITY may order substantial changes in the scope or character of the Basic Services, the Deliverables, or the Project, either decreasing or increasing the amount of work required of CONSULTANT. In the event that such changes are ordered, subject to the approval of CITY’s City Council, as may be required, CONSULTANT will be entitled to full compensation for all work performed prior to CONSULTANT’s receipt of the notice of change and further will be entitled to an extension of the time schedule. Any increase in compensation for substantial changes will be determined in accordance with the provisions of this Contract. CITY will not be liable for the cost or payment of any change in work, unless the amount of additional compensation attributable to the change in work is agreed to, in writing, by CITY before CONSULTANT commences the performance of any such change ~n work. 2.3 Where the Project entails the drafting and submission of Deliverables, for example, construction plans, drawings, and specifications, any and all errors, omissions, or ambiguities in the Deliverables, which are discovered by CITY before invitations to bid on a construction project (for which the Deliverables are required) are distributed by CITY, will be corrected by CONSULTANT at no cost to CITY, provided CITY gmves notice to CONSULTANT. 040628 sm 0100252 2.4 Any and all errors, omissions, or ambiguities in the Deliverables, which are discovered by CITY after the construction contract is awarded by CITY, will be performed by CONSULTANT, as follows: (aJ~ at no cost to CITY insofar as those Services, including the Basic Services or the Additional Services, as described below, or both, will result in minor or nonbeneficial changes in the construction work required of the construction contractor; or (b) at CITY’s cost insofar as those Services, including the Basic Services or the Additional Services, or both, will add a direct and substantial benefit to the construction work required of the construction contractor. The project manager in the reasonable exercise of his or her discretion will determine whether the Basic Services or the Additional Services, or both, will contribute minor or substantial benefit to the construction work. SECTION 3. CONSULTANT QUALIFICATIONS, STATUS, AND DUTIES OF 3.1 CONSULTANT represents and warrants that it has the expertise and professional qualifications to furnish or cause to be furnished the Services and Deliverables. CONSULTANT further represents and warrants that the project director and every individual, including any consultant (or contractors), charged with the performance of the Services are duly licensed or certified by the State of California, to the extent such licensing or certification is required by law to perform the Services, and that the Project will be executed by them or under their supervision. CONSULTANT will furnish to CITY for approval, prior to execution of this Contract, a list of all individuals and the names of their employers or principals to be employed as consultants. 3.2 In reliance on the representations and warranties set forth in this Contract, CITY hires CONSULTANT to execute, and CONSULTANT covenants and agrees that it will execute or cause to be executed, the Project. 3.3 CONSULTANT will assign Mary McGrath as. the project director to have supervisory responsibility for the performance, progress, and execution of the Project. Don Iler will be assigned as the project coordinator who wil! represent CONSULT~T during the day-to-day work on the Project. If circumstances or conditions subsequent to the execution of this Contract cause the substitution of the project director or project coordinator for any reason, the appointment of a substitute project director or substitute project coordinator will be subject to the prior written approval of the project manager. 3.4 CONSULTANT represents and warrants that it will: 4 3.4.1 Procure all permits and licenses, pay all charges and fees, and give all notices which may be necessary and incident to the due and lawful prosecution of the Project; 3.4.2 Keep itself fully informed of all existing and future Federal, State of California, and local laws, ordinances, regulations, orders, and decrees which may affect those engaged or employed under this Contract and any materials used in CONSULTANT’s performance of the Services; 3.4.3 At all times observe and~comply with, and cause its employees and consultants, if any, who are assigned to the performance of this Contract to observe and comply with~ the laws, ordinances, regulations, orders and decrees mentioned above; and 3.4.4 Will report immediately to the project manager, in writing, any discrepancy or inconsistency it discovers in the laws, ordinances, regulations, orders, and decrees mentioned above in relation to the Deliverables. 3.5 Any Deliverables given to, or prepared or assembled by, CONSULTANT or its consultants, if any, under this Contract will become the property of CITY and will not be made available to any individual or organization by CONSULTANT or its consultants, if any, without the prior written approval of the city manager. 3.6 CONSULTANT will provide CITY with Eight (8) copies of any documents which are a part of the Deliverables upon their completion and acceptance by CITY. 3.7 If CITY requests additional copies of any documents which are a part of the Deliverables, CONSULTANT will provide such additional copies and CITY will compensate CONSULTANT for its duplicating costs. 3.8 CONSULTANT will be responsible for employing or engaging all persons necessary to execute the Project. All consultants of CONSULTANT will be deemed to be directly controlled and supervised by CONSULTANT, which will be responsible for their performance. If any employee or consultant of CONSULTANT fails or refuses to carry out the provisions of this Contract or appears to be incompetent or to act in a disorderly or improper manner, the employee or consultant will be discharged immediately from further performance under this Contract on demand of the project manager. 3.9 In the execution of the Project, CONSULTANT and its consultants, if any, will at all times be considered independent contractors and not agents or employees of CITY. 3.10 CONSULTANT will perform or.obtain or cause to be performed or obtained any and all of the following Additional 040628 sm 0100252 Services, not included under the Basic Services, if so authorized, in writing, by CITY: 3.10.1 Providing services as an expert witness in connection with any public hearing or meeting, arbitration proceeding,or proceeding of a court of record; 3.10.2 Incurring travel and subsistence expenses for CONSULTANT and its staff beyond those normally required under the Basic Services; 3.10.3 Performing any other Additional Services that may be agreed upon by the parties subsequent to the execution of this Contract; and 3.10.4 Other Additional Services now or hereafter described in Exhibit "A" to this Contract. 3.11 CONSULTANT will be responsible for employing all consultants deemed necessary to assist CONSULTANT in the performance of the Services. The appointment of consultants must be approved, in advance, by CITY, in writing, and must remain acceptable to CITY during the term of this Contract. SECTION 4. DUTIES OF CITY 4.1 CITY will furnish or cause to be furnished the services listed in Exhibit ~A" and such information regarding its requirements applicable to the Project as may be reasonably requested by CONSULTANT. 4.2 CITY will review and approve, as necessary, in a timely manner the Deliverables and each phase of work performed by CONSULTANT. CITY’s estimated time of review and approval will be furnished to CONSULTANT at the time of submission of each phase of work. CONSULTANT acknowledges and understands that the interrelated exchange of information among CITY’s various departments makes it extremely difficult for CITY to firmly establish the time of each review and approval task. CITY’s failure to review and approve within the estimated time schedule wil! not constitute a default under this Contract. 4.3 The city manager will represent CITY for all purposes under this Contract. Karen Bengard is designated as the project manager for the city manager. The project manager will supervise the performance, progress, and execution of the Project, and will be assisted by Woojae Kim, the Project Engineer. 4.4 If CITY observes or otherwise becomes aware of any default in the performance of CONSULTANT, CITY will use reasonable efforts to give written notice thereof to C0NSULTANT in a timely manner. SECTION 5. COMPENSATION 5.1 CITY will compensate CONSULTANT for the following services and work: 5.1.1 In consideration of the full performance of the Basic Services, including any authorized reimbursable expenses as described in Exhibit "A", CITY will pay CONSULTANT a fee not to exceed Ninety Thousand Nine Hundred Dollars ($90,900.00). The amount of compensation will be calculated i:n .accordance with the hourly rate schedule set forth in Exhibit "B", on a time.and materials basis, up to the maximum amount set forth in this Section. CONSULTANT expressly agrees that it can perform the Basic Services as described in section 2 above and in Exhibit "A", including reimbursable expenses, for the not to exceed amount set forth above. The fees of the 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. 5.1.2 CONSULTANT’S compensation for any Additional Services, shall not exceed Eight Thousand One Hundred Dollars ($8,100.00) unless such amount is increased by amendment to this Agreement. The City’s project manager shall not authorize and CONSULTANT shall not perform any Additional Services that would result in a cost exceeding such amount. Prior to commencing any Additional Services, CITY, through the Project Manager, and COUNSULTANT shall agree in writing upon the scope~of work, schedule and maximum compensation for such services. Such compensation shall be based on the rates set forth in Exhibit "B". Payment for any authorized Additional Services shall be made within thirty (30) days of submission by CONSULTANT of a statement in triplicate of itemized costs covering such work. In no event shall CONSULTANT design work or change order preparation which is necessary because of CONSULTANT’s errors or oversights be authorized or paid for as an Additional Service. 5.1.3 CONSULTANT’s maximum compensation under this Contract shall not exceed Ninety Nine Thousand Dollars ($99,000.00) which is the total of the amount set forth in Section 5.1.1 for performance of Basic Services (including reimbursable expenses) and the total amount established in Section 5.1.2 for the performance of authorized Additional Services. 5.1.4 For billing purposes, an employee’s time will be computed at a multiple of one (I) times the employee’s direct personnel expense described below. The~r.ate schedules may be updated by CONSULTANT only once each calendar year, and the rate 040628 sm 0100252 schedules will not become effective for purposes of this Contract, unless and until CONSULTANT gives CITY thirty (30) days’ prior written notice of the effective date of any revised rate schedule. Direct personnel expense of employees assigned to the execution of the Project by CONSULTANT will include only the work of architects, engineers, designers, job captains, surveyors, draftspersons, specification writers and typists, in consultation, research and design, work in producing drawings, specifications and other documents pertaining to the Project, and in services rendered during construction at the site, to the extent such services are expressly contemplated under this Contract. Included in the cost of direct personnel expense of these employees are salaries and mandatory and customary benefits such as statutory employee benefits, insurance, sick leave, holidays and vacations, pensions and similar benefits. 5.2 The schedule of payments will be made as follows: 5.2.1 Payment of the Basic Services will be made in monthly progress payments in proportion to the quantum of services performed, or in accordance with any other schedule of payment mutually agreed upon by the parties, as set forth in Exhibit "B", or within thirty (30) days of submission, in triplicate, of such requests if a schedule of payment is not specified. Final payment will be made by CITY after CONSULTANT has submitted all Deliverables, including, without limitation, reports which have been approved by the project manager. 5.2.2 Payment of the Additional Services will be made in monthly progress payments for services rendered, within thirty (30) days of submission, in triplicate, of such requests. 5.2.3 No deductions will be made from CONSULTANT’s compensation on account of penalties, liquidated damages, or other sums withheld by CITY from payments to general contractors. SECTION 6.ACCOUNTING, AUDITS, OWNERSHIP OF RECORDS 6.1 Records of the direct personnel expenses and expenses incurred in connection with the performance of Basic Services and Additional Services pertaining to the Project will be prepared, maintained, and retained by CONSULTANT in accordance with generally accepted accounting principles and will be made available to CITY for auditing purposes at mutually convenient times during the term of this Contract and for three (3) years following the expiration or earlier termination of this Contract. 6.2 The originals of the Deliverables prepared by or under the direction~ of CONSULTANT in the performance of this Contract will become the property of CITY irrespective of whether the Project is completed upon CITY’s payment of the amounts required to be paid to CONSULTANT. These originals will be delivered to CITY without additional compensation. CITY will have the right to utilize any final and incomplete drawings, estimates, specifications, and any other documents prepared hereunder by CONSULTANT, but CONSULTANT disclaims any responsibility or liability for any alterations or modifications of such documents. SECTION 7. INDEMNITY 7.1 CONSULTANT agrees to protect, indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents, from any and all demands, claims, or liability of any nature, including death or injury to any person, property damage or any other loss, caused by or arising out of CONSULTANT’s, its officers’, agents’, consultants’ or employees’ negligent acts, errors, or omissions, or willful misconduct, or conduct for which applicable law may impose strict liability on CONSULTANT in the performance of or failure to perform its obligations under this Contract. SECTION 8. WAIVERS 8.1 The waiver by either party of any breach or violation of any covenant, term, condition or provision of this Contract or of the provisions of any ordinance or law will not be deemed to be a waiver of any such covenant, term, condition, provision, ordinance, or law or of any subsequent breach or violation of the same or of any other covenant, term, condition, provision, ordinance or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder wil! not be deemed to be a waiver of any preceding breach or violation by the other party of any covenant, term, condition or provision of this Contract or of any applicable law or ordinance. 8.2 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 Contract. SECTION 9. INSURANCE 9.1 CONSULT~T, at its sole cost and expense, will obtain and maintain, in full force and effect during the term of this Contract, the insurance coverage described in Exhibit "C", insuring not only CONSULTANT and its consultants, if any, but also, with the exception of workers’ compensation, employer’s liability and professional liability insurance, naming CITY as an additional insured concerning CONSULTANT’s performance under this Contract. 9.2 All insurance coverage requiZed hereunder will be provided through carriers with Best’s Key Rating Guide ratings of A:VII or higher which are admitted to transact insurance business 9 040628 sm 0100252 in the State of California. Any and all consultants of CONSULTANT retained to perform Services under this Contract will obtain and maintain, in ful! force and effect during the term of this Contract, identica! insurance coverage, naming CITY as an additional insured under such policies as required above. 9.3 Certificates of suchinsurance, preferably on the forms provided by CITY, will be filed with CITY concurrently with the execution of this Contract. 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 altered by the insurer except after filing with the CITY’s city clerk thirty (30) days’ prior written notice of such cancellation or alteration, and that the City of Palo Alto is named as an additional insured except in policies of workers’ compensation, employer’s liability, and professional liability insurance. Current certificates of such insurance will be kept on file at all times during the term of this Contract with the city clerk. 9.4 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 Contract. 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 Contract, including such damage, injury, or loss arising after the Contract is terminated or the term has expired. SECTION i0.WORKERS’ COMPENSATION I0.i CONSULTANT, by executing this Contract, certifies that it is aware of the provisions of the Labor Code of the State of California which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and certifies that it will comply with such provisions, as applicable, before commencing the performance of the Project. PROJECT SECTION !!.TERMINATION OR SUSPENSION OF CONTP_ACT OR ii.i The city manager may suspend the execution of the Project, in whole or in part, or terminate this Contract, with or without cause, by giving thirty (30) days’ prior written notice thereof to CONSULTANT, or immediately after submission to CITY by CONSULTANT of any completed item of Basic Services. Upon receipt of such notice, CONSULTANT will immediately discontinue its performance under this Contract. i0 11.2 CONSULTANT may terminate this Contract or suspend its execution of the Project by giving thirty (30) days’ prior wr±tten notice thereof to CITY, but only in the event of a substantial failure of performance by CITY or in the event CITY indefinitely withholds or withdraws its request for the initiation or continuation of Basic Services or the execution of the Project. 11.3 Upon such suspension or termination by CITY, CONSULTANT will be. compensated for the Basic Services and Additional Services performed and Deliverables received and approved prior to receipt of written notice from CITY of such suspension or abandonment, together with authorized additional and reimbursable expenses then due. If the Project is resumed after it has been suspended for more than 180 days, any change in CONSULTANT’s compensation will be subject to renegotiation and, if necessary, approval of CITY’s City Council. If this Contract 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 in the reasonable exercise of his discretion. 11.4 In the event of termination of this Contract or suspension of work on the Project by CITY where CONSULTANT is not in default, CONSULTANT will receive compensation as follows: 11.4.1 For approved items of services, CONSULTANT will be compensated for each item of service fully performed in the amounts authorized under this Contract. 11.4.2 For approved items of services on which a notice to proceed is issued by CITY, but which are not fully performed, CONSULTANT will be compensated for each item of service in an amount which bears the same ratio to the total fee otherwise payable for the performance of the service as the quantum of service actually rendered bears to the services necessary for the full performance of that item of service. 11.4.3 The total compensation payable under the preceding paragraphs of this Section will not exceed the payment specified under Section 5 for the respective~izems of servlce to be furnished by CONSULTANT. 11.5 Upon such suspension or termination, CONSULTANT will deliver to the city manager immediately any and all copies of the Deliverables, whether or not completed, prepared by CONSULTANT or its consultants, if any, or given to CONSULTANT or its consultants, if any, in connection with this Contract. Such materials will become the proper~y of CITY. 04/)628 sm 0100252 11 11.6 The failure of CITY to agree with CONSULTANT’s independent findings, conclusions, or recommendations, if the same are called for under this Contract, on the basis of differences in matters of judgment, wil! not be construed as a failure on the part of CONSULTANT to fulfill its obligations under this Contract. SECTION 12.ASSIGNMENT 12.1 This Contract is for the personal services of CONSULTANT, therefore, CONSULTANT will not assign, transfer, convey, or otherwise dispose of this Contract or any right, title or interest in or to the same or any part thereof without the prior written consent-of CITY. A consent to one assignment will not be deemed to be a consent to any subsequent assignment. Any assignment made without the approval of CITY will be void and, at the option of the city manager, this Contract may be terminated. This Contract will not be assignable by operation of law. SECTION 13.NOTICES 13.1 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 To CONSULTANT: Attention of the project director at the address of CONSULTANT recited above SECTION 14.CONFLICT OF INTEREST 14.1 In accepting this Contract, 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. 14.2 CONSULTANT further covenants that, ~- the performance of this Contract, it will not employ contractors or persons having such an interest mentioned above. CONSULTANT certifies that no one who has or will have any financial interest under this Contract 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. /! 12 SECTION 15. NONDISCRIMINATION 15.1 As set forth in the Palo Alto Municipal Code, no discrimination will be made in the employment of persons under this Contract because of the age, race, color, national origin, ancestry, religion, disability, sexual orientation, housing status, marital status, familial status, weight or height of such person. If the value of this Contract is, or may be, five thousand dollars ($5,000) or more, CONSULTANT agrees to meet all requirements of the Palo Alto Municipal Code pertaining to nondiscrimination in employment, including completing the requlsite form furnished by CITY and set forth in Exhibit "D". 15.2 CONSULTANT agrees that each contract for services from independent providers will contain a provision substantially as follows: "[Name of Provider] will provide CONSULTANT with a certificate stating that [Name of Provider] is currently in compliance with all Federal and State of California laws covering nondiscrimination in employment; and that [Name of Provider] will not discriminate in the employment of any person under this contract because of the age, race, color, national origin,ancestry, religion, disability~ sexual orientation,housing status, marital status, familial status, weight or height of such person." 15.3 If CONSULTANT is found in violation of the nondiscrimination provisions of the State of California Fair Employment Practices Act or similar provisions of Federal law or executive order in the performance of this Contract, it will be in default of this Contract. Thereupon, CITY will have the power to cancel or suspend this Contract, in whole or in part, or to deduct the sum of twenty-five dollars ($25) for each person for each calendar day during which such person was subjected to discrimination, as damages for breach of contract, or both. Only a finding of the State of California Fair Employment Practices Commission or the equivalent federal agency or officer will constitute evidence of a breach of this Contract. SECTION 16.MISCELLANEOUS PROVISIONS 16.1 CONSULTANT represents and warrants that it has knowledge of the requirements of the federal Americans with Disabilities Act of 1990, and the Government Code and the Health and Safety Code of the State of California,:relating to access to public buildings and accommodations for dfSabled persons, and relating to facilities for disabled persons. CONSULTANT will 13 040628 sm 0100252 comply with or ensure by its advice that compliance with such provisions will be effected pursuant to the terms of this Contract. 16.2 Upon the agreement of the parties, any controversy or claim arising out of or relating to this Contract may be settled by arbitration in accordance with the Rules of the American Arbitration Association, and judgment upon the award rendered by the Arbitrators may be entered in any court having jurisdiction thereof. 16.3 This Contract will be governed by the laws of the State of California, excluding its conflicts of law. 16.4 In the event that an action is brought, the parties agree that trial of such action will be vested exclusively in the state courts of California or in the United States District Court for the Northern District of California in the County of Santa Clara, State of California. 16.5 The prevailing party in any action brought to enforce the terms of this Contract or arising out of this Contract may recover its reasonable costs and attorneys’ fees expended in connection with that action. 16.6 This document represents the entire and integrated Contract 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. 16.7 All provisions of this Contract, whether covenants or conditions, will be deemed to be both covenants and conditions. 16.8 The~covenants, terms, conditions and provisions of this Contract will apply to, and will bind, the heirs, successors, executors, administrators, assignees, and consultants, as the case may be, of the parties. 16.9 If a court of competent jurisdiction finds or rules that any provision of this Contract or any amendment thereto is void or unenforceable, the unaffected provisions of this Contract and any amendments thereto will remain in full force and effect. 16.10 All exhibits referred to in this Contract and any addenda, appendices, attachments, and schedules which, from time to time, may be referred to in any duly executed amendment hereto are by such reference incorporated in this Contract and will be deemed to be a part of this Contract. 14 16.11 This Contract may be executed in any number of counterparts, each of which will be an original, but all of which together will constitute one and the same instrument. 16.12 This Contract is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code. This Contract 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 Contract are no longer available. This Section 16.12 will take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Contract. IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Contract on the date first above written. ATTEST:CITY OF PAL0 ALTO City Clerk Mayor APPROVED AS TO FORM:RRM DESIGN GROUP Senior Asst. City Attorney APPROVED: By : Name : Assistant City Manager Director of Administrative Services By: Name: Title: Director of Public Works Risk Manager Attachments : EXHIBIT "A" : EXHIBIT "B": EXHIBIT "C" : EXHIBIT "D" : Taxpayer Identification No. (Compliance with Corp. Code § 313 required if the entity on whose behalf this contract is signed is a corporation. In the alternative, a certified corporate resolution attesting no the signatory authority of the individuals signing in their respective capacities is acceptable) SCOPE OF PROJECT &TIME SCHEDULE RATE SCHEDULE INSURANCE NONDISCRIMINATION COMPLIANCE FORM 040628 sm 0100252 15 CERTIFICATE OF ACKNOWLEDGMENT (Civil~ Code § 1189 STATE OF ........~UtFoZ~f~) ) SS. On ~_~{~ ~, 2004, before me, the undersigned, a Not{ry ~ublic in~and for said County and State, personally appeared~~o ~ [~W-% , personally known to me or proved ~o me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public 040628 sm 0100252 16 CER~XFICATE OF ACKNOWLEDGMENT (Civil. Code § 1189) STATE OF ~[~go~) ) SS. On J~ ~O, 2004, before me, the undersighed, a Notary Public in and for said County and State, personally appeared ~Y~t~ 0_ ~ ~~, personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. COMM. #1483731 NOTARY PUBLIC - CALIFORNIA SAN LULS OBISPO COUNTY IV(V Comm. Expires APR. 18, 2008 Signature of Notary Public 17 EXHIBIT A City of Palo Alto Fire Stations 3 & 4 Replacement Feasibility Study ~-June 23, 2004 City of Palo Alto Fire Stations 3 & 4 Replacement Feasibility Study Scope of Work: June 23, 2004 PROJECT UNDERSTANDING Seismic evaluations of Pa!o Alto Fire Stations No. 3 and No. 4 (Rinconda built in 1948 and Middlefield Station built in 1953 respectively) conducted by Biggs Cardosa Associates in 2002 have found significant lateral load resisting system deficiencies in both stations, The study also identified a potential for liquefaction occurring at both sites. Due to the structural deficiencies and ADA and L..~:__uUi~u.~u code requirements, essential services requirements, --’~a~u a preliminary’ Fist of improvements prepared by staff, staff concluded that the stations should be replaced vs. renovated. This project shall evaluate only the twoexisting sites and develop a feasibility levee study for replacing Fire Stations No.3 and No. 4. As a part of this project, the City intends to incorporate sustainable design strategies in accordance with the City’s Green Building Policy. These important replacement facilities will be prc~grammed to optimize the fire operations, and budgeted to allow for a sustainable balance of first costs vs. long-term maintenance. PROJECT GOAL The goal of this feasibility study is to accomplish six basic tasks. NEEDS ASSESSMENT: This task will document and verify current and futur~ fire operational goals of the Depa:rtment at Fire Stations No. 3 (Rinconda) and No. 4 (Middlefield). RRM will review completely the preliminary list of improvements prepared by the Fire Department and then meet with the selected Fire Department personnel to learn an understanding of the Fire Department’s operational goals at each of these sites. The information gathered will be a guideline for the development of the Space Needs Outline and the component designs developed for each space. This will result in an overall building square footage total. Additionally, comprehensive equipment and furnishings lists will be prepared. SPECIAL STUDIES: This task will occur concurrently with development of the NEEDS ASSESSMENT and will include geotechnical investigations, geohazards evaluation, and hazardous materials testing. SITE ANALYSIS AND MASSING: In this task RRM wil! prepare conceptual site arrangement studies of each station within its existing site[ The site arrangement studies will analyze how the facility can most efficiently fit on the site, identifying key response direction., RRM Design Group Page 1 of 9 City of Palo Alto Fire Stations 3 & 4 Replacement Feasibility Study -June 23, 2004 firefighter and public parking and building orientation to optimize natural ventilation. RRM will also prepare conceptual building massing studies and preliminary grading plans as needed for each site. ENVIRONMENTAL ASSESSMENT: RRM will review, analyze, and identify the environmental impacts of demolishing the existing fire stations and constructing new fire stations at each existing site. RRM will prepare an Initial Study Checklist for each site. E. BUILDING SYSTEMS DESCRIPTIONS, COST ESTIMATE, FINAL REPORT, AND CITY COUNCIL PRESENTATION: The proposed engineered systems will be identified for the purpose of preparing an estimate of probable cost suitable for developing a bond measure or alternate forms of financing, and .for presenting to. the Pato Alto City Council and at an ARB Workshop. F.PROJECT SCHEDULE AND MEETINGS: RRM wil! prepare a conceptual project schedule and meeting schedule. PROJECT WORK PLAN Task A: NEEDS ASSESSMENT Approach The RRM Team is to formulate a clear program statement, which will serve as a basis for the Needs Assessment of the facilities. RRM will participate in a series of meetings with the Fire Department and City Staff to discuss Operational issues and functional divisions of the Fire Department, and will thoroughly review the Fire Department preliminary list of improvements and all reports, and plans for the existing stations. RRM will then document current and future functional surpluses and deficits and space needs, and will identify specific fire related operational needs such a turn-out gear storage, gender separation, safety and security requirements, and functional relationships at each site. RRM will also recommend office, living areas, and shop space standards for each job classification. Products: o Preliminary Program Report including (provide 8 copies of both draft and final): o ~p~ Needs and Standards ¯Furnishings and Equipment Lists ¯Component diagrams TASK B: ~’="~ ^ ~ --’ ’-’~=~or~-,~- b~ U~,~ (PREPARED CONCURRENT WiTH TASK A) Geoloqical Hazards Evaluation: RRM Design Group Page 2 of 9 City of Palo Alto Fire Stations 3 & 4 Replacement Feasibility Study -June 23,200~, The geohazards evaluation will be intended tO satisfy the requirements of the California Code of Regulations, Title 24 and the 2001 California Building Code. The seismicity .evaluation would use the criteria presented in the 2001 California Building Code and will follow California Geological Survey criteria (Special Publication 11 7) for essential service facilities. Products: o Geological Hazard Evaluation Report (provide 8 copies of both draft and final): Geotechnical Enclineering Study: The geotechnical engineering aspects of the overall study would be intended to fulfill the requirements of Sections 1804.3 and 3309.5 of the California Building Code (2001 Edition) and will provide foundation design criteria to be used to develop preliminary foundation recommendations by the team’s structural engineer; Biggs Cardosa. Products: o Geotechnical Engineering Study (provide 8 copies of both draft and final): Hazardous Materials Study: The hazardous materials study will entail the review of all renovations made to each facilities, subsequent studies and will determine if there are areas remaining in the buildings that contain hazardous materials. Products: o Hazardous Materials Study (provide 8 copies of both draft and final): TASK C: SITE ANALYSIS AND MASSING Approach Based on the project program and the functional arrangement of the facility, the Architectural Team wil! produce two (2) conceptual site plans for each station. The intent of this conceptual design study is to be able to address and identify how each station’s program can be met at each existing site. The site plans. Shall identify response vehicle egress, public and fire fighter parking and other site related operational areas. RRM will refine the site plans once based on City direction. RRM will prepare a summary memorandum with graphic representation to identify site and new building opportunities; this will consider the impacts of building code and regulatory issues such as structural!seismic performance, building code classification~ Title the City’s Green Building Policy, building systems, security, vehicle and pedestrian movement/access, parking, site work, landscaping, environmental impacts, visual image, construction and relocation phasing, and other impacts new construction may cause. Based on the project program and site plans, the Architectural Team will develop and analyze options for sustainable design for each site in accordance with the City of Palo Alto’s Green RRM DesignGroup Page 3 of 9 City of Palo Alto Fire Stations 3 & z~ Replacement Feasibility Study -June 23, 2004 Building Policy, and based on LEED building certification requirements. RRM has four LEED- certified fire station projects currently underway, and has developed a clear sense of sustainable design opportunities for this type of facility. Upon completion of the Needs Assessment, Site Analysis, Environmental Assessment and Sustainable Design Strategies, RRM will proceed with the building systems phase of the work. This work will commence with the development of massing studies, site plans and preliminary grading plans for review by the City. This work will be done by RRM during a dialogue/exchange between RRM and City and Fire Department Design Team. We anticipate that this process will entail three (3) rounds of discussion and revision with the City/Fire Design Team. Products (provide 8 copies of both draft and final): ¯Summary memorandum with graphics o Conceptual site plans including building location, site circulation, parking, landscaped area, top priority sustainable building options, and construction phasing o Matrix of sustainable design techniques and elements .at each site utilizing the LEED checklist Building Massing that incorporates top priority Green Building Components TASK D! ENVIRONMENTAL ASSESSMENT (CONCURRENT WITH TASK C) Based on the project program and site arrangement studies, the Architectural Team will review, analyze, and identify the environmental impacts of demolishing the existing fire stations and construction of new fire stations at each site. An Initial Study Checklist will be prepared in accordance with the California Environmental Quality Act for each site. The checklist will address the following impact topics: 1.Aesthetics 2.Agriculture Resources 3.Air Quality 4:Biological Resources 5.Cultural Resources 6.Geology and Soils 7.Hazards and Hazardous Materials 8.Hydrology and Water Quality 9.Land Use and Planning 10.Mineral Resources 11.Noise 12.Population and Housing RRM Design Group Page ~. of 9 13. Public Services 14. Recreation 15. Utilities and service Systems 16. Construction/Construction Phasing City of PaloAIto Fire Stations 3 & 4 Replacement Feasibility Study -June 23, 2004 Products (provide 8 copies of both draft and final): ¯initial Study Checklist TASK E: BUILDING SYSTEMS DESCRIPTIONS, COST ESTIMATE, FINAL REPORT. AND CITY, COUNCIL Approach In this task RRM will prepare a building systems description for each facility with a focus on the foundation design criteria and systems elements that are critical to the overall project costs (i.e. generator sizing, utility upgrades, etc.). The goal of this work is to further develop engineering criteria to be used in the preparation a cost estimate that can be the basis for financing options including a bond measure. The final step is to present the feasibility study, design and final proposed project budget to the City Council for approval and direction. The draft project budget will include all known costs associated with replacement including but not limited to: relocation costs, demolition, design fees, testing, construction, escalation, and contingencies. RRM will verify the cost of construction using RRM’s extensive database of Northern California fire station replacement costs. Products (provide 8 copies of both draft and final): Structura!, Mechanical, Electrical system descriptions including sustainable elements selected. ¯Cost estimate based on budget amount per system or cost per square foot as appropriate. ¯Comprehensive project budget including a!l soft costs, contingencies and construction costs, phasing costs and temporary facility costs. ¯Final Report ¯Assist City in Preparation of Council Report ,Presentation at ARB Workshop ~Presentation at City Council Hearing TASK F: PROIECT SCHEDULE AND MEETINGS A comprehensive project schedules will be prepared project through implementation and occupation. outlining the proposed timeline of the RRM Design Group Page 5 of 9 City of Palo Alto Fire Stations 3 & 4 Replacement Feasibility Study - June v~~, 2004 Product: ¯Comprehensive Project Schedule (See list below identifying meetings and attached Project schedule). Meetings: TASK A: NEEDS ASSESSMENT ,Kick-off meeting with City Design Team ,Interviews with Fire Department Staff i Meeting with City Design Team to review draft program TASK B: SPECIAL STUDIES I (concurrent with Task A meetings) TASK C: SITE ANALYSIS AND MASSING ¯Meeting with City Design Team to discuss general approach ¯Meeting with City Design Team to discuss conceptual plans, sustainable design strategies, preliminary massing Meeting with City Design Team to discuss refined design documents TASK D: ENVIRONMENTAL ASSESSMENT ¯Meeting with City Design Team to discuss Initial Study Checklist TASK E: BUILDING SYSTEMS DESCRIPTIONS, COST ESTIMATE, FINAL REPORT, AND CITY COUNCIL Meeting with City Design team to discuss general engineering approach and cost estimate ¯Meeting with City Design Team to review draft report ¯Meeting with City Design.Team to review final repor~ and prepare for presentations ¯Presentation at ARB Study Session ,Presentation at City Council Meeting RRM Design Group Page 6 of 9 ,FEE SUMMARY City of Palo Alto Fire Stations 3 & 4 Replacement Feasibility Study - June 23, 2004 Tas k TASK A: NEEDS ASSESSMENT TASK B: SPECIAL STUDIES TASK C: SITE ANALYSIS AND MASSING TASK D: ENVIRONMENTAL ASSESSMENT TASK E: BUILDING SYSTEMS DESCR., COSY ESTIMATE, FINAL REPORT, COUNCIL TASK F: PROJECT SCHEDULE AND MEETINGS SUBTOTAL REIMBURSABLES TOTAL Basic Services $ 9,1 60 $ 1 8,920 $ 24,1 00 $ 4,960 $ ] 8,420 $ 11,]26 $ 86,686 $ 4,21 4 $ 90,900 Reimbursable Budget RRM recommends that the City budget approximately 5% of the ($4,2] 4) for reimbursable expenses. professional services fee Services Not/nciuded The following services are not included in the above fee proposal orscope of work. Many of them are available upon request. Other environmental studies (biological, arborist, traffic, etc.) Design, Specification and/or purchasing of furnishings and specialty equipment such as head-in phone equipment, data servers and similar Owner purchased items. Surveying or topographic map Utility investigation beyond service capability Destructive testing of existing facility Meetings not specifically listed above Engineered Systems beyond the system descriptions listed above. Construction Drawings Record drawings Construction Management RRM Design Group Page 8 of 9 City of Palo Alto Fire Stations 3 & 4 Replacement Feasibility Study-June 23, 2004 Services and Information.Provided by the City Assist the Consultant in scheduling and organizing meetings with the City Staff and ARB Existing underground utility research Prepare the final draft of the City Manager’s Report Palo Alto Fire Stations, Seismic Evaluation Final Report prepared by Biggs Cardosa Associates, Inc. dated December 2, 2002. Building Management System Volume 2 - Building Data Sheets for Infrastructure prepared Adamson dated November 8, ] 996. Accessibility Study for City of Palo Alto prepared by Schirmer dated June 26, ] 992. August 1998 Limited Sampling for Asbestos-Containing Materials and Lead-Based Paint prepared by CTL Environn~e~ntal.~qervices City As-t3uiits for Fire Stations 3 and4 sites and building facilities City Block Book information showing approximate locations of property lines, utility mains and easements within the City of Palo Alto City’s Green Building Policy Fire Department’s Preliminary, List of Improvements for Fire Stations 3 and 4 RRM Design Group Page 9 of 9 EXHIBIT B City of Palo Alto Fire Stations 3 & 4 Replacement Feasibility Study - June 23, 2004 RRM DESIGN GROUP City of Palo Alto Fire Stations 3 & 4 Feasibility Study HOURLY BILLING RATES RRM BiLLiNG RA TES (subject to modification annually in accordance with RRM’s business plan) Architecture." Principal-in-Charge Project Director Project Manager Architect Designer Executive Secretary/Administration $140.00 - $185.00/Hr. $120.00- $140.00/Hr. $105.00- $120.00/Hr. $90.00- $120.00/HR $60.00-.$100.00/Hr. $ 52.00 - $60.O0/Hr. Civil Engineering." Principal Civil Engineer Project Manager Designer $140.00 - $1 85.00!Hr. $90.00- $145.00/Hr. $85,00 - $120.00/Hr. $60.00- $100.00/Hr. Sal~ Luis Obispo ¯ Oakdale ¯ I~eald~burg , San Jua~ Capis~rano ¯ San Jose 3765 5ou~ Hi.era S~ee~, S~te 102 - S~ Lu~ Ob~po. ~ 9~01 " Phone: 805/~179~ ¯ F~x: 805/~3~609 ~.~desi~com City of Palo Alto Fire Stations 3 & 4 Replacement Feasibility Study- June 23, 2004 !1.RRM SUB-CONSUI,’/’ANT HOURI_ Y BILLING RATES EARTH SYSTEMS CONSULTANTS Word Processing/Clerical Environmental Technician Senior Environmental Technician Supervising Technician Staff EngineerlGeologist/Scientist $50.00/Hr. $75.00/Hr. $86.00/Hr. $95.00/Hr. $100.00/Hr. EARTH SYSTEMS CONSULTANTS - Cont. Project Engineer/Geologist/Scientist Senior Engineer/Geologist/Scientist Associate Engineer/Geologist/Scientist Principal Engineer/Geologist/Scientist $125,00/Hr, $135,00/Hr, $155.00/Hr. $200.O0/Hr. BIGGS CARDOSA Principal Associate Construction Manager Engineering Manager Senior Structural Representative Project Administrator Senior Engineer Structural Representative Project Engineer S~aff Engineer Assistant Engineer $150,00/Hr, ~130,00/Hr, $130,00/Hr, $112,00/Hr, $1.12,00/Hr, $96.00/Hr. $96.00/Hr. $92,00/Hr. $86.00/HR. $78.00/Hr. $70.O0!Hr. Sa~ Luis Obispo o Oakdale ° I-Iealdsburg ; San Jua~t Capistrano ¯ Salt Jose 3765 South Higuera Street, Suite 102 o San Luis Obispo, CA 93401 o Phone: 805/543-179~- ¯ Fax! 805/543-4609 ww-w.rrmdesig-n.com Junior Engineer Senior Computer Drafter Computer Drafter Junior Computer Drafter Secretarial Services City of Palo Alto Fire Stations 3 & 4 Replacemen~ Feasibility Study -June 23, 2004 $62.00/Hr. $76.00/Hr. 566,00/Hr. $60.O0!Hr. $52.00/Hr. BRUM MEL MYRICK ASSOCIATES Principal Engineer Project Engineer Mechanical Designer Plumbing Designer Technician CAD Operator Secretarial ~135.00/Hr. $110.00/Hr. $80.O0/Hr. $80.O0!Hr. $55.00/Hr. $45.00/Hr. $40.O0!Hr. THOMA ELECTRIC Professional Electrical Engineer Electrical Engineer / Designer Electrical Design Assistant Electrical Cost Estimator Field Technician / Electrician Computer Aided Design Drafter Secretarial $125.00/Hr. $105.001Hr, $75.001Hr. $75.00/Hr, $70.O0/Hr, $65.00/Hr. $55.00/Hr. ASBESTEST (est.) Word Processing/Clerical Environmental Technician $48.00- 60.O0/Hr. $96.00-110.00/Hr. San Luis Obispo ¯ Oakdale * Healdsburg * San 7uan Capistrano , San Jose 3765 SouLh H_ig~era SL~ee~, S~te 102 ¯ S~ Lu~ Ob~po, ~ 9~0t - Phone: 805/~3-179~ . F~: 805/~3~609 ~.~desi~com City of Paid Alto Fire Stations 3 & 4 Replacement Feasibility Study-June 23, 2004 Hourly rates vary a~ording to employee experience and proficiency, and may be adjusled annually to reflect current costs and changes in employee classifications. Houriy rates for expert witness services or depositions shall be subject to a premium of 2x the standard hourly rate. Overtime, for hourly employees if requested, snail be charged at 1.5x the standard hourly rate, depending upon the employee wage multiplier required by law. SUBOONSULTANT EXPENSES. The fee for subconsultants of RRM Design Group is at actual cost plus 10% to cover our overhead and administrative expenses, Typical subconsultants may include: Structural Engineer Irrigation Consultant Geological Consultant Mechanical Engineer Arborist Archaeological Consultant Electrical Engineer Soils Consultant Traffic Consultant REIMBURSABLE EXPENSES. Clients shall reimburse RRM Design Group for incidental expenses incurred by RRM Design Group, or any subconsultant they may hire in the interest of this Agreement, at actual cost plus 10% to cover our overhead and administrative expenses. Reimbursable expenses include, but are not limited to reproduction, postage and handling of drawings and documents, long distance communications, fees paid to authorities having jurisdiction over the Project, the expense of any additionai insurance requested by the Client in excess of that normally carried by RRM Design Group or its subconsuttants, and the following if authorized by the Client: trave! expenses for work outside of the Cl ,’-Y OF SAN LUIS OBISPO, renderings and models, and the expense of overtime work requiring higher than regular rates. Reimbursable automobile travel mileage will be billed at the current IRS business standard mileage rate. RRM Design Group shall provide sufficient backup documentatior~ for the expenses incurred for the monthly invoice. RRM DESIGN GROUP REPRODUCTIONS. Phobcopies: $.20 per copy. All other types of RRM Design Group reproductions such as blueprinting, process camera, typesetting and printing shall be billed at the local vendor’s current rate pins 10% to cover our overhead and administrative expenses, San Luis Obispo ¯ Oakdale ¯ Healdsburg o San Juan Capistrano ¯ San Jose 3765 SouLl-t Higuera Sereet, Suite 102 o San Luis Obispo, C.,& 93401 ¯ Phone: 805/5434.794 ° Fax: 805/543-4_609 w-w-w.rrmdesign.com Client#: 6295 CERTIFICATE OF PRODUCER Dealey, Renton & Associates 199 S Los Robles Ave Ste 540 Pasadena, CA 91101 626 844-3070 INSURED RRM Design Group 3765 S. Higuera St., Suite 102 San Luis Obispo, CA 93401 COVERAGES EXHIBIT C LIABILITY INSURANCE [07106/04DATE’M"=D THIS CERTIFICATE IS ISSUED AS A MATrER OFINFORMATION ONLY AND CONFERS NO RIGHTSUPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOESNOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDEDBY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURERA: Fidelity & Guaranty Ins. Underwriter INSURERB: Fidelity & Guaranty Ins. Co. INSURERC: St. Paul Fire & Marine Ins. Co. INSURER D; Liberty Insurance Underwriters Inc. INSURER E: 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, INSR POLICY EFFECTWELTRTYPE OF INSURANCE POLICY NUMBER DATE (MM/DD~’Y) A GENERAL LIABILITY BK01571071 09/23/03 X COM M ERCIAL GENERAL LIABILITY -- ~] CLAIMS MADE [~OCCUR GEN’L AGGREGATE LIMiTAPPLIES PER: "~ POLICY [’----~ PRO-JECT ~ LOC B AUTOMOBILE LIABILITY BA01571113 09/23/03 X ANY AUTO ALL OWNED AUTOS i SCHEDULED AUTOS "-~ HIRED AUTOS ~-~ NON-OWNED AUTOS GARAGE LIABILITY~ANY AUTO EXCESS LIABILITY ----~ OCCUR [~ CLAIMS MADE ~DEDUCTIBLE RETENTION $ C WORKER8 COMPSNSATION AND WVA2448889 06/30/04 EMPLOYERS’ LIABILITY D OTHER Professional AEE1966780103 09/09/03 Liability =OLICY EXPIRATIONDATE (MM/DD/yY} 09123104 09/23/04 06130105 09/09/04 LIMITS EACH OCCURRENCE FIRE DAMAGE (A~y 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-EAACCIDENT OTHER THAN EAACC AUTO ONLY:AGG EACH OCCURRENCE AGGREGATE WC STATU-OTH-X TORY L M T8 I ER E.L, EACH ACCIDENT E.L, DISEASE - EA EMPLOYEE E.L, DISEASE - POLICY LIMIT $2,000,000 $1,000,000 $10,000 s2,000,000 s4,000,000 $4,000,000 $1,o00,000 $ $ $ $ $ $ $ $ $ $1,000,000 $1,000,000 $1,000~000 $2,000,000 per claim $2,000,000 annl aggr. DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE: Fire Station #3 & #4 The City of Palo Alto and the city staff are named as an additional insured as respects general liability for claims arising from the operations of the named insured. CERTIFICATE HOLDER I ! AD O rrloNAL INSURED :INSURER LEI"TER: City of Palo Alto Office of the City Clerk P O Box 10250 Palo Alto, CA 94303 CANCELLATION SH OULD ANYOF 11"1E ABOVE D ESCRIBED POLICIES B E CANCELLED B EFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30___ DAYS WRITTEN NOTICE TOTH E CERTIFICATE HOLD ER NAMED TOTHE LEFT, BUTFAJLURE TO DO SOSHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANYK]ND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE NLS 0 ACORD CORPORATION 1988ACORD 25-S (7/97)1 of I #$106020/M105977 EXHIBIT D ,.,.-..,r.= ="~=~r,, ,,,,..,,.., ,^’~ ,~.,~,"-,~, OF N~’N Dl,~b, q M INA I tO N SECTION 410 PROJECT:FIRE STATIONS 3 AND ~~. IM, R~VEM ......,"_,~,=,~,. ,, STUDY CertiTication of Nondiscrimination: .... UDOII..r~ Or Goods or ser,.,ices to u ~e City of Polo. Alto, the firm and individuals listed below caRiQ! that they do not discriminate in employment with regards to age, race, color, retic~ion, sex, national origin, ancestry, disabiiity, or sexual preference; that they ~re in comDiiance with all Federal, State, and local directives and executive orders regarding nondiscrimination in employment. "THE INFORMATION HEREIN IS CERTIFIED CORRECT BY SIGNATURE(S) BELOW. Signature: Name: RRM Design Group ¯ M~rv Gr~th, ATA~ LEED AP - Vice President .,.~~ R Tk rE.NAME) : Gregory Pe~,~:~<, "gPA - Cn,e~ F~nanc~, Off,car (PRINT OR ~PE NAME) Note: The Cih/ of Ralo ARc, pursuant to the California Corporations Code Secdon 313 requires two corporate "" =,~omc~., .. to execute contracts. "The signets, re of First OCT?car* must be one of the following: Chairman of Board; President; or Woe President. signature of the Second Orifice.,*" must be one of the following: Secretary; Assistant Secretary; Chief Finanda! Ofi’Tcer,’ or Assistant Treasurer. (h- the alternative, a ,._, ~;1..d coroora~e resolution attesting ~o the signatory, a fh ’fi,/’ ’ ’’~ ~ ~,-, ’ ’u. on,, of t~e ~nd~wdua~ sianmo in their respec:ive ~pac~ties is ac~eo~Dle) CITY OF PALCJ ALTO 10,4~71 PAGE 1 OF 1