HomeMy WebLinkAbout2004-08-09 City Council (12)TO:
City of Palo Alto
C ty Manager’s Report
HONORABLE CITY COUNCIL ~
FROM:CITY MANAGER DEPARTMENT: PUBLIC WORKS 7
DATE:AUGUST 9, 2004 CMR:377:04
SUBJECT:APPROVAL OF CONTRACT WITH TMAD ENGINEERS, INC. IN
THE AMOUNT OF $100,000 FOR DESIGN SERVICES FOR
CUBBERLEY MECHANICAL AND ELECTRICAL UPGRADES -
CAPITAL IMPROVEMENT PROGRAM PROJECT PF-04010
RECOMMENDATION
Staff recommends that Council approve and authorize the Mayor to execute the attached
contract (Attachment A) with TMAD Engineers, Inc. in the amount of $100,000 for
Design Services for Cubberley Mechanical and Electrical Upgrades -Capital
Improvement Program Project PF-04010.
DISCUSSION
Scope of Services
The Theater, Pavilion, Auditorium and Gymnasiums ’A’ and ’B’ have mechanical and
electrical equipment that are original equipment installed in the early 1950’s and are now
ready for replacement. The equipment has exceeded its useful life, failures are occurring
and many repair parts are no longer available.
The scope of work to be performed under the contract is consulting engineering services
to design mechanical and electrical upgrades to the Theater, Pavilion, Auditorium, and
Gymnasiums ’A’ and ’B’ at the Cubberley Community Center, 4000 Middlefield Rd.,
Palo Alto. This project provides for identifying the major pieces of equipment to be
replaced and the design of energy efficient systems including boilers, domestic hot water
heating system, piping, lighting and electrical systems.
Summary of Solicitation Process
A notice inviting formal proposals for Design Services for Cubberley Mechanical and
Electrical Upgrades - RFP Number 105780, was sent to nineteen consultants and posted
at City Hall and Purchasing’s website on April 14, 2004. The proposal period was 27
days. A pre-proposal meeting was held on April 28, 2004; eight consultant firms’
representatives attended the meeting.
CMR:377:04 Page 1 of 3
Summary of Solicitation Process
A notice inviting formal proposals for Design Services for Cubberley Mechanical and
Electrical Upgrades - RFP Number 105780, was sent to nineteen consultants and posted
at City Hall and Purchasing’s website on April 14, 2004. The proposal period was 27
days. A pre-proposal meeting was held on April 28, 2004; eight consultant firms’
representatives attended the meeting.
Proposal Description/Number
Proposed Length of Project
Number of Proposals Mailed
Total Days to Respond to Proposal
Pre-proposal Meeting Date
Number of Company Attendees at
Pre-proposal Meeting
Number of Proposals Received:
Company Name
1. TMAD Engineers, Inc
2. Ackerman Practicon Engineers
3. Advanced Design Consultants,
Inc.
4. Salas O’Brien Engineers, Inco
5. ATI
6. Flack & Kurtz, Engineers, Inc.
7. Mazetti Associates, Inc.
8. Ray I. Juachon & Associates
Range of Proposal Amounts
Submitted
Design Services for Cubberley Mechanical and
Electrical Upgrades - RFP No. 105780
4 months
19
27
April 28, 2004
8
8
Location (City, State)
Oakland, California
Palo Alto, California
San Jose, California
Selected
interview?
Yes
Yes
Yes
Yes
No
No
No
No
for oral
San Jose, California
Danville, California
San Francisco, California
San Jose, California
Burlingame, California
$79,000 to $200,000
An evaluation committee consisting of staff from Utilities, Administrative Services;
Public Works, Facilities Management reviewed the proposals. Four firms were invited to
participate in oral interviews on May 26, 2004. The committee carefully reviewed each
firm’s qualifications and submittal in response to the criteria identified in the RFP. The
following criteria were used to evaluate the firms.
1.Qualifications and experience of proposed project manager and key staff.
2.Similar experience, methodology and expertise in the type of work required.
3.Demonstrated experience and methodology used in performing work/service.
4.The response to this RFP, including consultant’s approach and methodology
proposed.
5. The proposed fee relative to the services to be provided.
CMR:377:04 Page 2 of 3
TMAD Engineers, Inc. was selected for its innovative proposed solution to the air
movement issues at the Pavilion Building and other design challenges at the site. Its
design team has extensive experience with similar projects, and is prepared to address the
design issues, including energy efficiency improvements that the Utilities Department is
targeting. It shows enthusiasm and a genuine interest in solving problems at Cubberley.
Staff, with the concurrence of the City Attorney, has determined that the consultant is
exempt from complying with the financial disclosure provisions of the City’s conflict of
interest code, because the consultant’s range of duties and services to be provided under
the contract are limited in scope.
RESOURCE IMPACT
Funds are available in the FY 2004-2005 Cubberley Mechanical and Electrical Upgrades
Project - Capital Improvement Program Project PF-04010
POLICY IMPLICATIONS
This recommendation does not represent any change to existing City policies
ENVIRONMENTAL REVIEW
This project is exempt for the California Environmental Quality Act (CEQA).
ATTACHMENTS
Attachment A: Contract
PREPARED BY:
DEPARTMENT HEAD:
CITY MANAGER APPROVAL:
PA~A~APPA CHOKKAL~AM
GLENN S. ROBERTS,
Director of Public Works
EMI~-ah~ARRIS ON
Assistant City Manager
CMR:377:04 Page 3 of 3
ATTACHMENT A
CONTRACT NO.
BETWEEN THE CITY OF PALO ALTO AND
TMAD ENGINEERS, INC.
FOR CONSULTING SERVICES
This Contract No. C~05105-~) is entered into, by and between the CITY OE PALO ALTO, a chartered
city and a municipal corporation of the State of California
("CITY"), and TMAD Engineers, Inc., a California Corporation,
located at 7677 Oakport Street, #220,Oakland,CA 94621("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" or "Basic Services"), as more fully
described in Exhibit "A"; and
WHEREAS, CITY desires to engage CONSULTANT, including its
emp!oyees, 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 in
the manner set forth herein;
NOW, THEREFORE, in cons~~’=dera~Aon of the covenants, terms,
conditions, and provisions of this Contract, the parties agree:
SECTION !. TERM
!.! This Contract will con~mence on the date of its
execution by CITY, and wil! terminate upon the completion of the
Project, unless this Contract is earlier terminated by CITY. Upon
the receipt of CITY’s notice to proceed, CONSULTANT will commence
work on the initial and subsequent Project tasks in accordance with
the time schedule set forth in Exhibit "A". Time is of the essence
of this Contract. 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.
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SECTION 2.SCOPE OF PROJECT; CHANGES & CORRECTIONS
2.1 CONSULTANT shall perform the Basic Services as
des’cribed in Exhibit "A".
2.2 CITY may order substantial changes in the scope or
character of the Basic Services, 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 entitied 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
substantia! 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 additiona!
compensation attributable to the change in work is agreed to, in
writing, by CITY before CONSULTANT commences the performance of any
such change in 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 gives
notice to CONSULTANT.
2.4 Any and all errors, omissions, or ambiguities in the
Deliverab!es, which are discovered by CITY after the construction
contract is awarded by CITY, will be corrected by CONSULTANT, as
follows: (a) at no cost to CITY insofar as those corrections 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 corrections 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 corrections to be
provided by CONSULTANT wil! contribute minor or substantial benefit
to the construction work.
SECTION 3.
CONSULTANT
QUALIFICATIONS,STATUS,AND DUTIES OF
3.1 CONSULTANT represents that it has the expertise and
professiona! qua!ifidations to furnish or cause to be furnished the
Services and Deliverables. CONSULTANT further represents that the
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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 set forth in this
Contract, CITY hires CONSULTANT to execute, and CONSULTANT
covenants and agrees that it wil! execute or cause to be executed,
the Project.
3.3 CONSULTANT will assign Sunil Patel as the project
director to have supervisory responsibility for the performance,
progress, and execution of the Project. Mohan Sabapathy will be
assigned as the project engineer who will represent CONSULTANT
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 that it will:
3.4.1 Consultant will assist the CITY to procure all
permits and licenses, and assist with 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
Federal, State of California, and !ocal 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 emp!oyees and consultants, if any, who are assigned to the
performance of this Contract ro 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 Deliverab!es.
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3.5 Any Deliverables given to, or prepared or assembled
by, CONSULTANT or its consultants, if any, under this Contract will
bec~me the property of CITY.
3.6 CONSULTANT wil! provide CITY with any documents,
which are a part of the Deliverables upon their completion and
acceptance by CITY. The number of copies to be provided is
designated in Exhibit "A".
3.7 If CITY requests additional copies ofany documents,
which are a part of the Deliverables, CONSULTANT will provide such
additiona! copies and CITY will compensate CONSULTANT for its time
and 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 wil! 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
emp!oyee or consultant wil! 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 fol!owing Additional
Services, no~ 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;
3o10.2 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.
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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 approva! 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
will not constitute a default under this Contract. Consultant’s
schedule shall be adjusted, if delay is due solely to City
exceeding the estimated time of review and approval.
4.3 The city manager will represent CiTY for all
purposes under this Contract. Chok Chokkalingam, Engineer is
designated as the project manager for the city manager. The
projec< manager ~wi!l supervise the performance, progress, and
execution of the Project.
4.4 If CITY observes or otherwise becomes aware of any
default in the performance of CONSULTANT, CITY wi!l use reasonable
efforts to give written notice thereof to CONSULTANT in a timely
manner.
SECTION 5. COMPENSATION
5.1 CITY wi!l compensate CONSULTANT for the following
servides and work:
5.1.1 In consideration of the full performance of the
Basic Services, including any authorized reimbursable expenses,
CITY wil! pay CONSULTANT a lump sum fee of Ninety Thousand Eigh<
Hundred Dollars ($90,800). 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
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such fees, if such prior approval is not obtained.by CONSULTANT.
5.1.2 CONSULTANT’s compensatio~ for any authorized
Additional Services shall not exceed Nine Thousand Two Hundred
Dollars ($9,200.00). The City’s Project Manager shal! not
authorize and CONSULTANT shall not perform any Additional Services
that would result in a cost exceeding such amount. Prior to
commencing any Additional Services, CITY, through the Project
Manager and CONSULTANT shal! agree in writing upon the scope of
work, schedule and maximum compensati6n for such services.
Compensation for Additiona! Services may be a lump sum fee or on a
time and materials basis in accordance with the rates set forth in
Exhibit "B". The rate schedule may be updated by CONSULTANT only
once each calendar year, and the rate schedule will not become
effective for purposes of’ this Contract, unless and Until
CONSULTANT gives CITY thirty (30) days prior written notice of the
effective date of any revised rate schedule.
5.1.3 CONSULTANT’s maximum compensation under this
Contract shall not exceed One Hundred Thousand Dollars
($i00,000~00) which is the tota! of the amount set forth in Section
5.1.1 for performance of Basic Services and the total amount
established in Section 5.1.2 for the performance of authorized
Additional Services.
5.1.4 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 ~A’,
or within thirty (30) days of submission, in triplicate, of such
requests if a schedule of payment is not specified. Final pa~rment
will be made by CITY after CONSULTANT has submitted all
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Deliverables, including, without limitation, reports which ha%e
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 genera! 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 Additiona! 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 mu<ually convenient times during
the term of this Contract and for three (3) years following the
expiration or earlier termination of this Contract.
6.2 A. The originals of the Deliverables prepared by
or under the direction of CONSULTANT in the performance of this
Contract wi!l become the property of C!TY 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 additiona! compensation. CITY will have
the right to utilize any final and incomplete drawings, estimates,
specifications, and any other documents prepared hereunder by
CONSULTANT, withou< restriction or limitation Upon their use.
6.2 B. Notwithstanding the foregoing, the following
shal! apply to all’ plans, drawings, specifications, and related
reports and documents, and electronic equivalents (collectively
"PLANS") developed pursuant to this Agreement:
C!TY shall have the right to reproduce and use the
plans for purposes of the project that is the
subject of this Agreement, including, but not
limited to, any use associated with construction,
reconstruction, modification, management,
maintenance and renovation of the project.
CITY shall have the right to reproduce, use and
modify the PLANS, or portions thereof, in the
design and construction of any other future CITY
project. CITY acknowledges that the CONSULTANT
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does not warrant the suitability of the PLANS for
reuse other than as needed for the project that is
the subject of this Agreement.
The right of the CITY to modify and reuse the PLANS
pursuant to this subsection 6.2.B is subject to the
provisions of California Business and Professions
Code Sections 5536.25, 6735,6735.3 or 6735.4,
whichever is applicable°
SECTION 7. INDEMNITY
7.1 CONSULTANT agrees to protect, indemnify, defend and
hold harmless CITY, its Council members, officers and emp!oyees 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 will
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 wil! operate as a Waiver on the part of CiTY of
any of its rights under this Contract.
SECTION 9.INSURANCE
9.1 CONSULTANT, at its so!e cost and expense, will
obtain and maintain, in fu!! 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, emp!oyer’s liability
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and professional liability insurance, naming CITY as an additional
insured concerning CONSULTANT’s performance under this Contract.
9.2 All insurance coverage required 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
in the State of California. Any and all consultants of CONSULTANT
retained to perform Services under this Contract will obtain and
maintain, in full force and effect during the term of this
Contract, identical insurance coverage, naming CITY as anadditional insured under such policies as required above.
9.3 Certificates of such insurance, 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 by the insurer except after filing with the CITY’s
city clerk thirty (30) days’ prior written notice of such
cancellation, 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 wil! 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 limi~ 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 tota! 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
tha9 ~ 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,beforecommencing the performance of the Project.
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PROJECT
SECTION II.TERMINATION OR SUSPENSION OF CONTRACT OR
Ii.! 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.
11.2 CONSULTANT may terminate this Contract or suspend
its execution of the Project by giving thirty (30) days’ prior
written 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, approva! 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 her 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 ~m~~=sv__~_~.~ for each item of service’ ~u~y= "~- 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 <hat item of service.
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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 items of service 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 property of CITY.
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, will not be construed as a failure on the part
of CONSULTANT to fulfill its obligations under this C~ntract.
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 wil! not be assignable by operation of law..
SECTION 13.NOTICES
13.1 Ail 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
Pa!o Alto, CA 94303
To CONSULTANT: Attention of the projec~ director
at the address of CONSULTANT recited above
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1!
SECTION 14.CONFLICT OF INTEREST
14.1 In accepting this Contract, CONSULTANT covenants
tha~t it presently has no interest, and wil! 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, in the
performance of this Contract, it wil! 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 Municipa! Code and the Government Code
of the State of California.
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 race, skin color, gender, age, religion,
disability, national origin, ancestry, sexual orienta<ion, 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 requisite
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 su~tan~lal!y
as fol!ows :
"[Name of Provider] will provide CONSULTANT
with a certificate stating that [Name of
Provider] is currently in compliance with al!
Federal and State of California laws covering
nondi~ ~’ ~ ~ ~m~oyme1~, and ~ -~
[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 preference or gender of
such person."
15.3 If CONSULTANT is found in violation of the
nondiscrimination provisions of the State of California Fair
040722 sm 0100275
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Employment Practices Act or similar provisions of Federal iaw 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, Cr 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 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 disabled persons, and relating to facilities for
disabled persons. The CONSULTANT will use its professional skill
and judgment to ensure that the project design complies with ADA
requirements and other federal, state and local laws, rules, codes,
ordinances and regulations.
16.2 Upon the mutual 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
~erican 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 %he event that an action is brought, the parties
agree that trial of such action will be vested exclusively in the
s~ate 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
040722 sm 0100275
13
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 wil! 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 The delay in performance of failure of either
party to perform its obligations under <his AGREEMENT due to
conditions beyond its reasonable control, including, but not
limited to, acts of God, catastrophes, government restrictions,
wars, insurrections, strikes, fires, floods, or work stoppages
shall not be deemed a breach of this AGREEMENT.
16.11 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.
16.12 This Contract may be executed in any number of
counterparts, each of which will be an original, but all of which
together wi!l constitute one and the same instrument.
16.13 This Contract is subject to the~fiscal provisions
of the Charter of the City of Palo Alto and the Palo Alto Municipa!
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 fisca!
year in the event that funds are only appropriated for a portion of
the fisca! year and funds for this Contract are no !onger
available. This Section 16.13 wil! take precedence in the event of
a conflict with any other covenant, term, condition, or provision
of this Contract.
//
//
040722 sm 0100275
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IN WITNESS WHEREOF, the parties hereto have by their duly
authorized representatives executed this Contract on the date first
above written.
ATTESTED:CITY OF PALO ALTO
City Clerk Mayor
APPROVED AS TO FORM:
Senior Asst. City Antorney
APPROVED:
Assistant City Manager
Director of Administrative
Services
Director of Public Works
Risk Manager
Title : ~ ~ ¢ ~ -p~ ~.~,/C ~TO
Taxpayer identification No.
Attachments:
EXHIBIT "A":
EXHIBIT "B":
EXHIBIT "C":
EXHIBIT "D":
(Ccmpliance with Corp. Code § 313 is
required ~f the entity on whose behalf
this contrac[ is signed is a
corporation. In the alternative, a
certified corporate resoluEion
attesting to the signatory authority
of the individuals signing in their
respective capacities is acceptable)
SCOPE OF PROJECT & TIME SCHEDULE
ADDITIONAL SERVICES RATE SCHEDULE
INSURANCE
NONDISCRIMINATION COMPLIANCE FORM
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C~.RTXFICATE OF AC~NOW-A~D~NT
(Civil Code ~ 1189)
On ~0~ ~ , 2004, before me, the undersigned, a
Notary Publid@in Ind for said County and State, personally appeared
~~p~o~ed to me on the basis of satisfactory evidence to be the
person(s) whose name(s) is/~subscribed to the within instrument
and acknowledged to me that he/she/~ executed the same in
his/her/~ authorized capacity(ies), and that by his/her/t~
signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
T~of~_c==l sealW±~NESS my hand and ;{ ~-.
COMM. #1355661 ~
NOTARY PUBLIC. CALIFORNIA ~
LOS ANGELES COUNTY ’~’
~omm. Expires May 7, 2006
Public
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16
EXHIBIT ~A"
SCOPE OF PROJECT AND T~ME SCHEDULE
SCOPE OF WORK
The Cubberley Community Center is !ocated at 4000 Middlefield
Road, Palo Alto. It is a former school campus with one-story
and two-story buildings. The Theater, Pavilion, Auditorium
and Gymnasiums A & B were built in the 50’s and 60’s. The
electrical and mechanical components in the buildings have
undergone repairs and changes over time. The piping and boiler
insulation have asbestos-containing materials. This project
will provide for upgrades to these systems for the buildings
listed above.
!.! THEATER:
Evaluate existing boiler and piping, and design new,
efficient boiler and piping system as needed.
Evaluate existing fan col! units located at the mezzanine
level in the theater building and replace blower motors,
’ controls and coils. Design shal! consider method of
removal and replacement of the coils within the limited
space.
Evaluate radiant floor heating system in adjacent multi-
use building and recommend alternate systems
Evaluate the breaker panels and wiring system in the
theater and the attached multi-use building and design
new breakers and wiring.
Evaluate lighting system in the theater and multi-use
building and recommend changes needed to improve lighting
levels and efficiency.
1.2 PAVILION:
Evaluate existing boiler and piping, and design new,
efficient boiler and piping system as needed.
Evaluate existing heating and air circulation system.
Existing building has four packaged fan coil heater
units. , Air circulation ~in the Pavilion building is
inefficient. Electrically operated louvers are left
closed due to louver malfunction. Design new and energy
efficient heating and air-circulation system.
Evaluate the breaker panels and wiring system and design
new breakers and wiring.
Evaluate lighting system and recommend changes needed to
improve ligh<ing levels and efficiency
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1.3 AUDITORIUM:
Evaluate existing boiler and piping, and design new,
efficient boiler and piping system as needed.
Evaluate radiant f!oor heating system in kitchen area and
recommend alternate systems
® Evaluate air flow from the fan coil units in the kitchen
area and the return air from the stage area. Design
changes to air flow as necessary.
Evaluate air movement within the auditorium in the summer
months and design air movement systems as necessary to
keep the room cool.
Evaluate the breaker panels and wiring system and design
new breakers and wiring.
Evaluate lighting levels in the kitchen area and adjacent
roams and design new lighting as needed.
I. 4 GYMNASIUMS A & B:
Evaluat@ existing heating and air circulation system.
Existing building has twelve ceiling hung fan coil units.
Air circulation in the building is inefficient.
Manually operated windows are left open most of the days.
Design new and energy efficient heating and air-
circulation system.
Evaluate the breaker panels and wiring system and design
new breakers and wiring.
Evaluate lighting system and recommend changes needed to
improve lighting levels and efficiency.
Evaluate radiant floor heating system in adjacent wings
and recommend alternate systems.
SCOPE OF SERVICES
Consultant shall work with the Public Works Department,
Facilities Management Division for development and co-
ordination of the project. In addition, consultant shall
work with the Utilities Department to obtain LCCI related
inputs2 and to obtain and p!ot energy use summaries for
kWh/month and therms per month as well as total annual
energy costs for gas and electric for not less than two
full years of utilities (energy) data. This data is
available to consultant in tabular form in electronic
(Microsoft excel format.
LCC is Life Cycle Cost. Consultant is encouraged to use the BLCC 5.0 software as available, free, from the
Federal Energy Management Program (FEMP)
Generally: discount rate, project lifetime, escalation factors for gas and electric.
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The project scope is limited to electrical and mechanical
upgrades in the Theater, the Pavilion, the Auditorium, and
Gymnasiums A & B.
The project shall be accomplished in two phases. Phase 1 is a
study phase where the Consultant shall perform a thorough
evaluation of the existing buildings’ electrical and
mechanica! systems in the Theater, Pavilion, Auditorium and
Gymnasiums A and B, and provide recommendations with estimated
construction cost data for review by the City. Consultant
shall select non-destructive testing methods to determine
condition of wiring, insulation and breaker condition. City
of Palo Alto shall provide a recent test report on condition
of wiring from main breaker panel to the sub-panels for each
of these four buildings.
Fina! design shall proceed after the City has made its best
choice solution from the recommendations presented by the
Consultant in Phase i. Phase 2 is the construction document
preparation phase and construction assistance phase.
Consultant shall design an efficient system that wil! meet the
occupant needs in the buildings. The existing facility will
remain in operation during the construction period.Theproject shal! be accomplished with minimum downtimeandminimum disruption to the occupants.
Consultant shall determine during the study phase if the
project triggers requirements to comply with ADA/Title 24
and/or other building code requirements including firesuppression work.
A.General
Consultant shall prepare design and construction
documents (drawings and specifications), cost
estimate, and construction schedule. Schedule shall
be detailed using Microsoft Project. Services shall
include assistance during the bid period and
construction administration services, as well as the
energy and sustainability design and options process
discussed above.
040722 sm 0100275
The Consultant’s scope of work shall include the
following:
Field investigation of the project site and all
existing conditions that may affect the scope of
2O
work.Review
documentation.~
of all available plans and
o
o
Review of historical energy usage, LCC inputs,
and LEED potential.
Attend meetings with the City’s Project Manager,
Community Services Dep~rtment representatives
throughout the project as required. Two meetings
shall also be held with the City’s Energy/Utility
Representative to discuss the design intent as it
relates to opportunities, evaluation and
resolution of energy/sustainability issues.
These can be included as a part of the norma!
project meeting.
Work closely with Project Manager to assure the
total project cost does not exceed the project
budget. Provide cost estimates at 30%, 90% and
100% completion in a format the Consultant deems
appropriate.
Phase 1 ends at 30% project completion. If
energy-efficiency or sustainability options cause
the project to exceed the project budget, discuss
options with the City’s Project Manager. This
will include development of a cost estimate that
identifies the incremental cost associated with
the improvement.
Preparation of construction specifications and
permit drawings and assist in obtaining
con~uct±~ pe-
Prepare baseline vs. projected estimates of
energy efficiency (and/or sustainability)
options. Consultant shall provide a description
of basis for baseline as a part of Consultant’s
basis of design.
Prepare preliminary summary of potentia! LEED
points attributable to the project.
Construction administration during construction
phase.
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m o Preliminary Design - Study Phase
Consultant shall review all existing conditions
relevant to this project and evaluate the existing
mechanical and electrical systems in the facilities
described above.
Consultant shall develop a list of mechanical
equipment, circuits, transformers, and panel boxes
that require modification to support mechanical and
electrical upgrades and reasonable future growth
limited to the confines of the existing building.
Evaluate wiring, wire insulation, receptacles,
switches, breaker panels, and breakers for condition.
Consultant shall provide a written report of the
building mechanical and electrical systems and provide
construction cost data for the recommended changes to
bring the building mechanical and electrical system to
comply with the Mechanical code, Plumbing code, NEC
Code, Building code and Fire Code. Consultant shall
include in the report any ADA/Title24 and fire
suppression work tha% may arise due to the recommended
changes. Consultant shall attend a meeting to present
the alternates proposed. Consultant shal! proceed
with the Final Design phase after the City accepts the
best and financially sound solution.
Consultant shall evaluate the replacement equipment
for energy efficiency and recommend equipment that
provides the lowest life cycle cost. Life cycle cost
analysis shall be performed for all equipment over
$I0,000 value. During pre-schematic and preliminary
design Consultant shall propose options relating to
energy efficient equipment and/or energy efficient
systems options and/or sustainable systems. Consultant
shall aiso provide life cycle costing for major3 pieces
of equipment or systems to be replaced. This shall
include, during preliminary design, a discussion of
the various types of equipment or of the various
systems evaluated with an estimate of potentia! energy
savings and/or potential maintenance savings, and/or
of potential lifetime extension associated with the
particular option being considered. If there is
3 A "major" piece of equipment (or system) can be any element of the work which uses energy or causes energy to
be used and valued over $10,000.
040722 sm 0100275
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potential to obtain LEED certification4, this shall
also include a preliminary estimate of potential LEED
"points".
Wherever possible, the Consultant shall specify
"sustainable" products or "sustainable procedures".
These sustainable products may be defined (and/or
!ocated) as follows:
!.Sustainable products are generally made from
recycled or reused ma<eria!s. Consultant
should make every effort, in specifying ANY
and ALL materials on this project to check
the materials source and to specifically
specify those made from recycled or reused
materials.
2.Sustainable procedures generally involve
specifications which encourage/require
contractor to reuse materials from the
demolition products of construction and/or
to recycle the materials from the demolition
products of construction.
3.Consultant shall refer to the GreenSpec
Directory, published by Building Green, Inc.
Brattleboro, Vt. (BuildingGreen.com). This
reference is one of the most widely used,
and breaks out green products into six main
categories:
a.Products that are made with salvaged,
recycled or ag~±bul~u~± waste content.
b.Products that conserve natural
resources.
c.r~ouu~ts that avoid toxic or other
emissions.
d.Products that reduce environmental
impacts during construction, demolition or
r~nova<zon.
4 Through 2003, LEED certification is for new buildings, or existing buildings undergoing major renovations. In early
2004 LEED certification will be available for retrofits. Contact the US Green Building Council for most recent
checklists.
040722 sm 0100275
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e o Products that save energy or water;
fo Products manufactured locally.
Sustainable systems are generally systems that are:
ii.
iii.
iv.
Able to. be maintained; and
Flexible in their design (i.e. easily able to
accommodate varying user needs);
Energy efficient in their, design; and
Benign to the environment
As such, the consultant shall include, as a part of
the preliminary and final design, a descriRtion of
work that discusses the "sustainability" of the
selected systems.
Consultant shall include in the design a control
system for the mechanical equipment that can be
connected to the Tridium system at City Hall. The
computer hub for the Tridium system at Cubberley is
!ocated in Building I. Communication wires shall run
from the new controllers to the computer hub in
Building I..
Consultant shall provide conceptual (30%) drawings for
Project Manager review and approval, and attend a
meeting at the 30% design completion stage. Consultant
shall also issue a basis of design at the 30% stage,
which discusses energy-effi~iency/sustainability
issues and options. This includes a definition of
the project, equipment or system "baseline" associated
with the particular energy-efficiency!sustainability
option(s)s identified.
Consultant shall provide a preliminary engineer’s
estimate oft~_ne construction contract cost for Project
Manager’s review and approval at the 30% design stage.
5 These can include equipment/system lifetime, energy use, maintenance savings, emissions reductions, system
flexibility or other life-cycle-type improvements
040722 sm 0100275
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Estimate shall consider work being carried out during
"off" hours. Cost estimates shal! also be provided
for efficiency/sustainability options discussed in the
basis of design. The cost estimates for these options
shal! identify the incremental cost increase over the
non-sustainable "base" cost.
Consultant shall design improvements to conform to all
applicable codes, laws and regulations including the
Uniform Building, Mechanical, Plumbing, Electrical and
Fire Codes.
C.Final Design
Do
Consultant shall provide progress drawings for Project
Manager review and approval, and attend meetings with
the City at 60% and 90% design completion stage.
Consultant shall furnish drawings and technical
specifications to staff for review and approval at the
final design completion stage, and for fina! review
and signing at the bid set design stage. Fina!
drawings shall be suitable for review by the Building
inspection Division and for signing by the City. Fina!
specifications shall include specific sub-sections,
which define commissioning requirements, sus<ainable
products, and sustainable procedures during
construction. Final drawings shall be accompanied by
a final cost estimate, which compares to the City’s
budget and which also describes the incremental costs
associated with sustainable upgrades.
Consultant shall work with the Project Manager to
deve!op a preliminary schedule for the work that
minimizes downtime and disruption of occupants and
wil! be signed off by the Project Manager.
Con.sultant shall assist Project Manager to obtain a
~7 ~bu_~d~g ~ ~a== the necessary
drawings and calculations and working with the
Planning Department, Building inspection Division, as
required.
Bidding Period
Consultant shall attend a pre-bid conference for
interested contractor personne!.
040722 sm 0100275
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m o
Consultant shall assist Project Manager in responding
to technica! questions from prospective bidders during
the bid period and prepare addenda as necessary.
Construction Administration
The Consultant shall provide construction
administration phase services commencing from the
award of the construction contract.
Consultant shall attend a pre-construction meeting°
Consultant shall attend bi-weekly construction
meetings and shall keep meeting minutes.
Consultant shall keep project records including an RFI
log, submittal review, and response to clarification
requests. Consultant shal! provide current copies to
the Project Manager. RFI’s are to be responded to by
the Consultant within five working days to the
Contractor and Project Manager.
Consultant shall provide construction inspection
adequate to deve!op interim and final punch list
development and project acceptance.
Consultant shall also provide commissioning services
(i.e. oversight compatible with the commissioning
requirements of the specifications).
Upon notification of construction substantia!
completion, each consulting trade shall inspect and
commission the installed equipment and systems in
order to verify systems and equipment installation to
the requirements of the drawings and specifications.
i.The inspection shall be ~ollowed by issuance of a
"punch list" which identifies specific items which
do not meet the intent and/or requirements of the
project plans and specifications, it is the
responsibility of the consultant to review and to
recommend approva! of the completed punch list prior
to authorization for final payment to the
contractor.
2.Equipment and system commissioning generally refers
to observance of actual system operation relative to
meeting the requirements of the plans and
specifications. Commissioning also includes
0~0722 sm 0100275
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observance of "other", secondary "systems" such as
window or building envelope systems, which are
affected by, or work in conjunction with, the
primary, energy using systems.
3.Equipment and system commissioning can include
formal efforts as defined by ASHRAE Guideline 1-
1996. As a minimum, commissioning of the
operational project shall includei
Verification that the design intent is
achieved.
b o
C ¯
do
e o
fo
Equipment and systems are installed as
per plans and specifications with
respect to quality, quantity,
efficiency, operational reliability,
and sustainability.
Equipment and systems are able to be
maintained in accordance with
manufacturers recommendations.
Control systems that provide automatic
scheduling, staging, and environmental
control operate reliably and
efficiently.
Verification that system balancing is
completed adequately.
Modifications to the design have been
documented and achieved.
040722 srn 0100275
g°Start-up reports are completed,
documented and in conformance with
manufacturers requirements.
ho Testing is completed and documented and
meets the requirements.
List of any items that effect the
performance of the system that require
modification.
At project completion, contractor will provide "as-
built" information for the Consul<ant to prepare final
record drawings. Record drawings shal! be provided in
27
AutoCAD format on a CD (two copies), as well as one
set of reproducible drawings.
FINAL DRAWINGS AND SPECIFICATIONS
io Project Drawings and Specifications
Consultant shall submit three (3) sets of project
development drawings and specifications during the
conceptual and con’struction documents phase. Upon
completion of the fina! design the Consultant will submit
two (2) hard copies of specifications and calculations, one
(i) copy of the electronic version (using MS Word format)
of the specifications on a compact disk, four (4) sets of
drawings for Facilities use, complete set of drawing on
compact disk in AutoCAD R2004, and two (2) wet stamped
drawings to the City Building Division. Specifications
will include Division Zero (AIA format not acceptable) and
Division i provided by Consultant. Only applicable
information shal! be included in the Specifications.
Drawing shall be on a 36’’ x 48" sheet size with a scale of
1/4" : i’
B. Record Drawings
Upon completion of the project, and after acceptance by the
City, the Consultant shall submit to the City one (i)
complete set of reproducible Mylar record drawings
reflecting all as-built conditions as provided by the
General Contractor. A complete set of record drawings shall
also be submitted ro the Project Manager on CD in AutoCAD
R2004.
~V. PROJECT -ADMINISTRATION
Chok Chokkalingam, Project Manager, will be the point of contact
throughout the project. All queszions, correspondence and
invoices wil! be addressed to the Project Manager at City of
Palo Alto, Facilities Management Division, P.O. Box 10250, Palo
Alto, CA, 94303, phone (650) 496-6939, fax (650)496-5938.
V. TIME OF COMPLETION
The Consultant shall complete all design stage services within
120 calendar days after issuance of the Notice to Proceed. This
time frame shall include allCl,_y’~ Reviews. Allow_ one week for
each City review period during project deve!opment.
Construction Administration services phase will be scheduled
040722 srn 0100275
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upon award of the construction pha~e of the project.
Vl. INFORMATION TO BE PROVIDED BY THE CITY
The City will provide the Consultant with copies of all
applicable record drawings available for the referenced
buildings at the Cubberley Community Center site.
The City will provide some of the building drawings in CAD
format.
The City will provide a copy of "Limited asbestos-containing
materia! and lead based paint survey report" prepared by Winzler
and Kelley Consulting Engineers dated October 22, 2001.
END OF SECTION
040722 srn 0100275
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ADDITIONAL SERVICES RATE SCHEDULE -2004
The following rates shall apply to authorized Additional Services to be
performed on a time and materials basis.
PERSONNEL HOURLY PATES
Principal Engineer/Architect ..........S145
Project Manager .......................$125
Project/Senior Engineer/Architect .....$!i0
Engineer/Architect ....................$ 99
Designer .....................$89
CADD Operator ................$78
Construction Administrator...S93
Word Processor/Clerical ...... $57
These rates apply to regular time and travel time in the continental United
States. A maximum travel time of eight hours will be charged in any day.
Overtime, if required in the interest of the project, will be charged at the
above rates for professional personnel and at 1.5 times the above rates for
other personnel. Overtime will apply to time in excess of eight hours per
weekday and all time on Saturdays, Sundays, and holidays, in the event, of
adverse weather conditions or other factors beyond our control, a standby
charge of four hours per weekday will be made for field personne!.
Reimbursable expenses are in addition to personne! rates.Reimbursables willbe billed at cost except as noted below.
MISCELLANEOUS CHARGES
Passenger Car .........t0 a0/mile with minimum of .$20/dav
Truck ..................................$0.50/mile with minimum of ............S50/dayPiotting(e:<cept for in-house use) ..........$i.50/Sheet Photo Copy ................S0.08/page
040722 sm 0100275
3O
EXHIBIT ~C"
ACORD=
PRODUCER 1-949-729-0777
professional Practice ~nsurance Br~ke~s, Inc.
2244 West Coast Highway
suits 200
Newport Beach, °CA 92663
CERTIFICATE OF LIABILITY INSURANCE I07/23/0,OATE’M’ D0"Y’
THIS CERTIFICATE IS ISSUED AS A MA’I-FER OF INFORMATION
ONLY AND CONFERS NO RIGHTSUPON THE CERTIFICATEHOLDER. THIS CERTIFICATE DOESNOT AMEND, EXTEND ORALTER THE COVERAGE AFFORDEDBY THE POLICIES BELOW,
INSUREDTMA~, Inc., TMAD Engineers, Inc.,
Taylor & Gaines, JoL. Hengstler & Mathaudu TY~tD Engineers
2940 Inland Empire Blvd., Suite 120
Ontario, CA 91764
COVERAGES
INSURERS AFFORDINGCOVERAGE
INSURER A: FIDELITY A~TD GUARANTY INSURANCE UNDERWRITERS
INSURER S: FIDELITY & GUAR~J~Y INSURANCE UNDERWRITER~
INSURER C: ST. PAUL FIP~E & 5LIRI~TE INSURANCE C05[PA~Y
INSURER D: Illinois Union Insurance Company
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 SUCHPOLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR tLTR TYPE OF INSURANCE
A GENERAL LiASIU’r’~’
~M’MEROtAL GENERAL LIABILITY
CLAIMS MADE [~ OCCUR
GEN’L AGGREGATE LIMIT APPLIES PER:-q POL,CY qLOC
B AUTOMOBILE LIABILITY
~X----~ ANY AUTO
-- ALL OWNED AUTOS!
SCHEDULED AUTOS
~HIRED AUTOS
:~NON-OWNED AUTOS
GARAGE UABILITY~ANY AUTO
EXCESS lIABILITY
~ OCCUR [-~ CLAIMS MADE
~DEDUCTIBLE
RETENTION $
WORKERS COMPENSATION AND
EMPLOYERS’ LIABILITY
OTHER
Professional Liability
POLICY NUMBER
=BK01511269
IBA01784469
BK0151!269
WVA8007954
EONG2!65591000!
POLICY EFFECTIVE POLICY EXPIRATIONDATE tMM/DDfYyI DATE tMMJDDp(y’
08/01/03 08/01/04
03127/04
08/01/03
05/01/04
03/27/05
08/01/04
05101/05
02/28/04 02/28/05
LIMITS
EACH OCCURRENCE
FIRE DAMAGE(Anyonefi~)
MED EXP(Anycns#e~on)
PERSONAL&ADVINJURY
GENERALAGGREGATE
PRODUCTS-COM~OP AGG
!S1,000,000
$ 1,000,000
$10,000
$1,000,000
$2,000,000
$2,000,000
COMBINED SINGLE LIMIT(Ea accident)
BODILY INJURY(Per person)
BODILY INJURY(Per accident)
PROPERTY DAMAGE(Per accident)
AUTO ONLY - EA ACCIDENT
OTHER THAN EA ACC
AUTO ONLY;AGG
EACH OCCURRENCE
AGGREGATE
$ 1,000,000
:$
$
$
$
s5,000,0o0
$ 5,000,000
$
$
X WC STATU- !OTH.TORY L MITS ER
E.L EACH ACCIDENT $ 1,000,000
E.I_ DISEASE - EA EMPLOYEE~ $ 1,000,000
E.L DISEASE - POLICY LIMIT I $ 1, 000,000
Per Claim/Ann Agg 2,000,000
DE~R~PT~N~F~PERAT~NS~L~CAT~NSHEH~LE~EXCLUS~NSADDEDBYEND~RSEMEN~SPE~ALPR~V~SI~NS
ALL OPERATIONS. CERTIFICATE HOLDER IS ~AMED AS ADD~TIO~.&L. ~SUP.ED PER E~.q)T. AT~=~D.
C~TY, ITS COUNCIL ~.~3ERS, OF£1CERS, AGEZ~TS, ~ R#IPLO.VEES.
CERTIFICATE HOLDER t ~ J ADDITIONAL INSURED: INSURER LETt’ER: A CANCELLATION
C~TY OF P~-LO ALTO
PURCHASING A~D CONTRACT AD~INISTRAT~OMP.O. BOX 10250
PALO ALTO,, CA 94303
ACORD 25-S (~9~ s~a-&naz-~n
1993920
USA
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES SE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ~MAIL 30--. DAYS WRITTEN
NOTICE TO THE CERTIRCATE HOLDER NAMED TO THE LEFT, ~’~O SHALL
R
AUTHORIZED REPRESENTATIVE ~
~ ACORD CORPORATION 1988
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LIABILITY COVERAGE ENHANCEMENT
ARCHITECTS AND ENGINEERS
ENDORSEMENT
Page 1 of 2 ~
Name Insured: ~a~, Inc., TMAD Engineers, Inc., [ Policy No: BK01511269
Additional Insured: CITY, ITS COUNCIL 14~MBERS, OFFICERS, AGENTS, AND EMPLOYEES
Tr~s ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
LIABILITY COVERAGE PART
1.The following replaces the final paragraph of SECTION II. WHO
IS AN INSURED, 1.:
However, no person or organization is an insured With respect to
the conduct of any current or past partnership, joint venture,
limited liability company or trust that is not shown as a Named
Insured in the Liability Coverage Part Declarations. This
provision does not apply to you, for your participation in any
past or present ’‘unnamed joint venture," or if that person or
organization is otherwise an insured under Paragraph 2. below.
2.The following is added to SECTION II. WHO Is AN INStrRED, 2.:
Person Or Organization Required By Written Contract
(3)
"Bodily injury," "property damage," "personal injury"
or "advertising injury" for which such person or
organization has assumed liability in a contract or
agreement, except for liability for damages that such
person or organization would have in the absence of
the contract or agreement;
"Property damage" to:
(a) Property owned, used or occupied by, or loaned
or rented to, such person or organization;
(b)Property over which such person or
organization is for any purpose exercising
physical control; or
Any person or organization that you agree to add as an insured
under this Liability Coverage Part in a written contract or
agreement that is made before, and in effect when, the "bodily
injury" or "property damage" occurs or the offense that causes
the "personal injury" or "advertising injury" is first committed,
but only with respect to that person’s or organization’s liability
arising out of "your work" for that person or organization.
(e)"Your work" performed for the insured; or
"Bodily injury," "property damage," "personal
injury" or "advertising injury" arising out of any
architect’s, engineer’s or surveyor’s rendering
of, or failure to render, any "professional
service," when such person or organization is an
architect, engineer or surveyor.
However, such person or organization is not an insured with
respect to any:
(1) "Bodily injury," "property. damage,’Y "personal injury" or
"advertising injury" that does not arise out of:
3.The following is added to SECTION II. WHO IS AN
INSURED:
"Unnamed Joint Venture"
(a) Your negligence; or
(b)The negligence of another person or organization
for whom you are liable;
You are an insured for your participation in any past or
present "unnamed joint venture."
However, you are not an insured if the "unnamed joint
venture" has:
a.Direct employees; or
b.Owns, rents, or leases any real or personal property.
No other member or partner, or their spouses, of any past or
present "unnamed joint venture" is an insured.
St. Paul Form CI.]BF 26 09 09 03
4.The following replaces SECTION IH. LIMITS OF LIABILITY,
2. b.:
b.Will apply separately to the sum of all:
(1)Damages because of"bodily injury" and
"property damage," under SECTION I.
COVERAGE, A. Liability above; and
(2)Medical payments for "bodily injury," under
SECTION I. COVERAGE, B. Medical Payments
Page 2 of 2
above;
arising out of each location listed in the Schedule of
Premises or each of "your projects;" and
However, we waive any right of recovery and proceeds
we may have against any person or organization that is
added as an additional insured under the paragraph
Person Or Organization Required By Written
Contract of SECTION II. WHO IS AN INSURED, 2.:
The following replaces SECTION IV. CONDITIONS, 5. "Other
Insurance," a. Primary Insurance, (2):
(a)Paragraph h. Certain Additional Insureds By
Contract or Agreement; or
(b)Persons Or Organizations Required By Written
Contract;
ao
bo
c°
Because of payments we make for "bodily
injury," "property damage," "personal injury" or
"advertising injury" arising out of "your work"
in ongoing operations or included in the
"products-completed operations hazard"; and
Performed under a written contract or agreement
that is made before, and in effect when, the
"bodily injury" or "property damage" occurs or
the offense that causes the "personal injury" or
"advertising injury" is committed; and
You specifically agree in such written contract
or agreement to waive those rights of recovery
and proceeds for "such person or organization.
if you specifically agree, in that written contract or
agreement, that this insurance must be primary to,
and non-contributory with, such "other insurance."
This insurance will then be applied as primary
insurance for damages for "bodily injury,"
"property damage," "personal injury" or
"advertising injury" to which this insurance applies
and that are incurred by such person or
organization, and we will not share those damages
with such "other insurance."
The following is added to SECTION IV. CONDITIONS, 5. "Other
Insurance," b. Excess Insurance:
The following are added to SECTION V. DEFINITIONS.
"Unnamed joint venture" means any joint venture in
which you are a member or parmer where:
ao Each and every one of your co-ventures in that
joint venture is an architectural, engineering or
surveying firm; and
That joint venture is not named in the Liability
Coverage Part Declarations.
This insurance is excess over an "other insurance"
whether primary, excess, contingent or on any other basis
that is available to you for your participation in any past
or present "unnamed joint venture."
"Your premises" means any premises, site, or location
owned or occupied by, or rented to, you.
"Your project:"
(2)However, this insurance will be considered primary
to, and non-contributory with, "other insurance"
issued directly to a person or organization added as
an addition insured under SECTION II. WHO IS AN
INSURED, 2.:
The following is added to SECTION IV. CONDITIONS, 8.
Transfer Of Rights Of Recovery And Proceeds
Against Others To Us:
Means any premises, site or location at, on, or in
which "your work" is not yet completed; and
Does not include ’’your premises" or an2,’
location listed in the Schedule of Premises.
J~’OTICE’ OF CANCE’LLATION: If we cancel this policy for any reason other than non-payment of premium, we will mail written notice at
least 30 days before the effective date of cancellation to the Additional Insureds on file with the company. If we cancel this policy for
non-payment of premium, we will mail written notice at least 10 days before the effective date of cancellation to the Additional insureds
on file with the company.
St, Paul Form CL/BF 26 09 09 03
CERTIFICATION OF NONDISCRIMINATION
EXHIBIT ~D"
SECTION 410
PROJECT;DESIGN SERVICES .FOR CUBBERLEY MECHANICAL
AND ELECTRICAL UPGRADES
Certification of Nondiscrimination:
As suppliers of goods or services to the City of Palo Alto, the firm and individuals listed below
certify that they do not discriminate in employment with regards to age, race, color, religion, sex,
national origin, ancestry, disability, or sexual preference; that they are in compliance with all
Federal, State, and local directives and executive orders regarding nondiscrimination in
employment.
THE INFORMATION HEREIN IS CERTIFIED CORRECT BY SIGNATURE(S) BELOW.
Signature(s) must be the same signature(s) as will appear on Contract:
Firm:
Signature:
Name:
Signature:
Name:
Note:
(PRINT OR TYPE NAME)
(PRINT OR TyPE NAME)
The City of Palo Alto, pursuant to California Corporations Code Section 313 requires two
corporate officers to .execute contracts.
*The signature of First Officer* must be one of the following: Chairman of the
Board; President;; or Vice President.
**The signature of the Second Officer** must be one of the following: Secretary;
Assistant Secretary; Chief Financial Officer, or Assistant Treasurer.
(In the alternative, a certified corporate resolution attesting to the signatory
authority of the individuals signing in their respective capacities is acceptable)
CITY OF PAL.O ALTO RFP 105780 PAGE 1 OF 1