HomeMy WebLinkAbout2004-10-25 City Council (13)City. of Palo Alto
City Manager’s Report
TO:
FROM:
DATE:
HONORABLE CITY COUNCIL
CITY MANAGER
OCTOBER 25, 2004
DEPARTMENT: PUBLIC WORKS1 !
CMR:450:04
SUBJECT:APPROVAL OF AMENDMENT NO. ONE TO THE AGREEMENT
BETWEEN THE CITY OF PALO ALTO, THE PALO ALTO
LIBRARY FOUNDATION, AND THE FRIENDS OF THE PALO
ALTO LIBRARY AND APPROVAL OF CONTRACT
AMENDMENT NO. ONE TO CONTRACT NO. C05108354 WITH
ARCHITECTURAL RESOURCES GROUP IN THE AMOUNT OF
$44,275 FOR ADDITIONAL DESIGN SERVICES FOR A 610
SQUARE FOOT SOUTH ADDITION TO THE CHILDREN’S
LIBRARY
RECOMMENDATION
Staff recommends that Council:
Approve Amendment No. 1 to the Agreement (Attachment A) between the
City of Palo Alto, the Palo Alto Library Foundation, and the Friends of the
Palo Alto Library for funding the Palo Alto Children’s Library Improvements
and Expansion Project.
Approve and authorize the Mayor to execute the attached contract amendment
with Architectural Resources Group (Attachment B) in the amount of $44,275
for additional .design services for a 610 square foot south addition to the
Children’s Library. This will become part of the Children’s Library
Renovation and Expansion Project (PE-04010).
BACKGROUND
The Children’s Library is part of the Lucie Stem Community Center. The Library was
designed in 1932 by Birge Clark, a prominent local architect, and was constructed in
1940. It is a 3,400 square foot, single-story, wood-framed building. The Library has
been designated a local historic resource. The adjacent Secret Garden is used by the
Library’s customers, mostly as an overflow space for the children’s programs.
As part of the Fall 2002 Library bond election, the Children’s Library north wing
expansion was proposed to add approximately 1,600 square feet of program space to
alleviate over-crowding. The project that was included in the bond measure also had a
CMR:450:04 Page 1 of 4
5,700 square foot south addition that had three levels; a basement, main floor, and second
floor. This part of the project was expensive to build because of the basement and
consisted mostly of space for staff, mechanical equipment, and Code-required circulation
(stairs and elevator). In September 2001 Council approved a contract with ARG for
preliminary design (CMR 327:01). This conceptual design supported the bond measure
and was reviewed by the Architectural Review Board and Historic Resources Board prior
to City Council approval.
Subsequent to the failure of the bond measure to achieve 2/3 voter approval, on February
10, 2003, the City Council approved a public-private partnership between the City and
the Friends of the Palo Alto Library (FOPAL) to support the fundraising effort for the
proposed renovation and expansion of the Children’s Library. Council subsequently
approved a funding agreement for the project on March 1, 2004 (CMR 142:04).
DISCUSSION
Increasing the scope of the project increases the cost of designing and constructing the
project by an estimated $300,000. FOPAL and PALF were contacted about making
additional contributions to the project. They will provide additional funds as outlined in
the attached amendment (Attachment A) and have agreed to contribute an additional
$170,000 for the 610 square foot south addition when the project goes out to bid. Staff
has already begun the application for a second grant from Housing and Urban
Development (HUD). Until grant funds are secured, the City will need to increase the
project budget using Infrastructure Reserve funds to supplement the FOPAL/PALF
funding. Staff will submit a Budget Amendment Ordinance for Council approval during
the mid-year budget process or at time of award of the construction contract.
When interior layouts were being developed for the upgrade and north addition, it
became clear that all of the existing Children’s Library program would not fit in the
proposed building. Staff has had discussions about the best way to accommodate as
much of the essential dements of the Children’s Library program as possible and what
reasonably can be placed in other facilities. Expanding the building by the additional 610
square feet on the south side of the building would greatly improve the ability of the
building to function as intended and significantly mitigate the negative consequences
mentioned above.
Scope of Services Description
The scope of work to be performed under the contract is for design services needed to
extend the Children’s Library south to fill the area bounded by the projection of the
Secret Garden wall and the fxont wall of the library. See Exhibit "B" of Attachment A.
This addition will allow the improvements to the Children’s Library to more closely, yet
not completely, meet the needs of the existing program at this library. Please see
Attachment C for the complete scope of services.
CMR:450:04 Page 2 of 4
Architectural Resources Group will be doing this work as additional tasks to the work
that its doing on the north addition and the improvements within the existing structure.
Their design will address the nol~ wing, south addition, and renovation of the existing
building as a single integrated project rather than planning three discreet sections of the
building. Renovation of the existing building will include reqt~ed seismic upgrades,
ADA accessibility improvements, replacement of the antiquated heating system to be
replaced with a modem energy efficient heating and air conditioning system, and needed
re-roofing. This approach is in the best interest of the project and the library.
RESOURCE IMPACT
Funding for the amendment to the ARG design agreement is available in Capital
Improvement Project PE-04010. The total increase in budget necessary to add the 610
square foot south addition is estimated at $45,000 for design, $10,000 in construction
management, and $245,000 for construction; a total additional project cost of $300,000.
Additional budget for this change is expected to come from another Federal grant of
$100,000, additional donated funds of $50,000 from the Friends of the Palo Alto Library,
additional donated funds of $120,000 from the Palo Alto Library Foundation. Revised
total project costs are estimated at $445,000 fordesign and $2.2 million for construction.
POLICY IMPLICATIONS
This recommendation does not represent any change to existing City policies.
PROJECT REVIEW
The previous project that was part of the bond measure was subjected to approximately
40 public meetings. So far, this project has undergone additional review by the Historic
Resources Board (HRB). Reviews by the Architectural Review Board, Historic
Resources Board, and the Library Advisory Commission are anticipated.
ENVIRONMENTAL REVIEW
The project is a modified version of a previous project that was developed for the City’s
November 2002 bond measure. That project underwent environmental review pursuant to
the California Environmental Quality Act (CEQA), and a Mitigated Negative Declaration
(MND), Resolution No. 8183 (see Attachment D), was approved by Council that
included both north and south wing additions that were larger than the project described
in this report. Because the Children’s Library is an historic structure, the MND requires
expansion of the Children’s Library to adhere to the Secretary of the Interior’s Standards
for Rehabilitation and Guidelines for Rehabilitating Historic Buildings. No further CEQA
review is required for the proposed project because it is a reduced scale of the previously
reviewed project. However, due to the historic significance of the building and funding
from HUD, additional environmental review under the National Environmental
Protection Act (NEPA) is required that also will require design review by the State
Historic Preservation Office (SHPO). The project, including any seismic and ADA
retrofits, will be done in accordance with the mitigation, measures of the MND and will
be reviewed by the Planning Department, ARB and HRB.
CMR:450i04 Page 3 of 4
ATTACItMENTS
Attachment A:Amendment #1 to Agreement Between CPA, FOPAL and PALF
Attachment B:Amendment # 1 to Design Contract with ARG
Attachment C:Scope of Services
Attachment D: - MND, Resolution No. 8183
PREPARED BY:
DEPARTMENT HEAD:
DEBRA JACOB S
GLENN S. ROBERTS
Director of Public Works
CITY MANAGER APPROVAL:
EMILY HARRISON
Assistant City Manager
CMR:450:04 Page 4 of 4
ATTACHMENT A
AMENDMENT NO. ONE TO AGREEMENT BETWEEN THE CITY OF PALO ALTO AND
THE PALO ALTO LIBRARY FOUNDATION AND THE FRIENDS OF THE PALO
ALTO LIBRARY FOR FUNDING THE PALO ALTO CHILDREN’S LIBRARY
IMPROVEMENTS AND EXPANSION PROJECT
THIS AMENDMENT NO. ONE (~Amendment") to the Agreement
Between the City of Palo Alto, the Palo Alto Library Foundation
and the Friends of the Palo Alto Library for Funding the Palo
Alto Children’s Library Improvements and Expansion Project
("Agreement") is made and entered into and effective this
day of , 2004, by and between The Palo Alto Library
Foundation ("FOUNDATION"), a California nonprofit public benefit
corporation, whose mailing address is P.O. Box 181, Palo Alto,.
CA 94302-0181, The Friends of the Palo Alto Library ("FRIENDS"),
a California nonprofit public benefit corporation, whose mailing
address is P.O. Box 41, Palo Alto, CA 94302-0041, and the City
of Palo Alto ("CITY"), a California municipal corporation, whose
mailing address is 250 Hamilton Avenue, Palo Alto, CA 94303.
RECITALS
A. CITY, FRIENDS, AND FOUNDATION entered into the
Agreement to set forth the terms and conditions for funding the
design and construction of the Children’s Library Improvements
and Expansion Project ("Project").
B.. The Project as described in the Agreement includes
renovation of the existing facility and expansion of the
facility with an approximately 1600 square foot north wing
addition.
C. The Children’s Library programming needs require more
space than ~that included in the Project. The City has
determined that it is desirable to add an approximately 610
square foot south addition to the Project as it is more cost
effective and efficient to design and construct the additional
space as part of the Project.
D. FRIENDS and FOUNDATION have raised an additional
$170,000 to fund the construction of the south addition. The
CITY would not undertake the design and construction of the
South addition at this time without the agreement of the FRIENDS
and FOUNDATION to provide these additional funds.
E. The Parties now wish to amend the Agreement to provide
for funding to include the design and construction of an
approximately 610 square foot south addition as part of the
PROJECT, as described in Revised Exhibit "A" and shown in
041004 nm 0100306 1
Revised Exhibit "B", both attached to and made a part of this
Amendment.
NOW, THEREFORE, in consideration of the promises and mutual
covenants, terms and conditions of this Amendment, the parties
agree:
AGREEMENT
SECTION i.The term "Project" as used in the
Agreement shall mean the Project as described in Revised Exhibit
"A" and Revised Exhibit "B".
SECTION 2. Section 1.3 of the Agreement. is hereby
amended to read as follows:
~1.3 Contribution to CITY. FRIEND~ and FOUNDATION
shall make a combined contribution to the CITY of
One Million One Hundred Thirty Thousand Dollars
($1,130,000.00) to fund Pyoject construction
costs. Project construction costs are all those
costs incurred by the CITY in connection with the
Project during the construction phase following
award of a construction contract, including, but
not limited to: labor, equipment and materials
costs associated with demolition and
construction; hazardous material assessmentand
abatement services; permit and inspection fees;
specialized inspection and testing services and
other specialized consultant services;
construction management services; and design
services required during construction.
Construction costs shall not include the cost of
design services provided during the design phase
to complete a bid package for the Project.
Construction costs shall not include the costs of
CITY employees assigned to work on the Project."
SECTION 3. Section 1.3.1 of the Agreement is hereby
amended to read as follows:
"1.3.1 FRIENDS agrees to contribute a total sum of Four
Hundred Seventy Thousand Dollars ($470,000.00) to CITY to
fund Project construction costs. FOUNDATION agrees to
contribute a tota! sum of Six Hundred Sixty Thousand
Dollars ($660,000.00) to CITY to fund Project construction
costs. These contributions shall, be paid to CITY as
described in section 1.4 below."
041004 nra 0100306 2
SECTION 4. Section 1.3.2 of the Agreement is hereby
amended to read as follows:
"1.3.2 FRIENDS and FOUNDATION together shall be
rgsponsib!e for not more than fifty percent (50%)
of the Project construction costs and, under no
circumstances, shall either organization be~
required to contribute more than the amounts set
forth in section 1.3.1 above. If the Project
construction costs are less than Two. Million Two
Hundred Sixty Thousand Dollars ($2,260,000.00),
each organization shall be entitled to a refund
based on the ratio between the .amount of each
organization’s contribution to the Project and
the total cost of Project construction as
described in section 2.4.2 below."
SECTION 5. Section 1.4.1 of the Agreement is hereby
amended to read as follows:
"1.4.1 ConstrUction Deposi{. Not less than 30
days prior to the date set for CITY Council award
of a construction contract for the Project, the
FRIENDS’ Administrator shall deposit Four Hundred
Seventy Thousand Dollars ($470,000.00)and
FOUNDATIONS’ Administrator shall deposit Six
Hundred Sixty Thousand Dollars ($660,000.00)with
the CITY for a combined deposit of One Million
One Hundred Thirty Thousand Dollars
($i, 130,000.00)"
SECTION 6. Section 2.2.3 of the Agreement is hereby
amended to read as follows:
"2.2.3 Design Elements. CITY staff shall
endeavor to cause the design of the Project to be
in substantial .conformance with the conceptual
plan attached as Revised Exhibit "B" and made a
part of this Agreement, including a North Wing
addition of approximately 1600 square feet in
size and a South Wing addition of approximately
610 square feet in size. However, FRIENDS and
FOUNDATION understand and agree that the ultimate
plan may vary from the conceptua! plan as a
result of reconzmendations and decisions of
various CITY boards and commissions such as the
Historic Resources Board, Library Advisory
Commission, Architectural Review Board, Planning
Commission and the CITY Council. CITY agrees that
the design shall include features to allow
041004 nra 0100306 3
recognition of members of the public who
contributed to the Project through plaques,
bricks or other devices. The CITY, FRIENDS and
FOUNDATION shall in good faith work together
d~ring the design process to determine how the
recognition features should be configured and
displayed. "
SECTION 7. Section 2.4.2 of the Agreement is hereby
amended to read as follows:
"2.4.2 Refunds. FRIENDS and FOUNDATION
together shall be responsible for no more than
fifty percent (50%) of the Project construction
costs or One Million One Hundred Thirty Thousand
Dollars ($1,130,000.00), whichever is less. If,
following completion of t~e Project, a portion of
the amount(s) advanced to CITY by the
Administrators remains unexpended and
unencumbered, the CITY shall return such amount
to the Administrators withil thirty (30) days
after issuance of the final report pursuant to
Section 2.4.1 above. The amount returned shall be
prorated in accordance with the ratio between the
amount of each organization’s contribution to the
Project and the total cost of Project
construction.If the Agreement is terminated as
provided in Section 3.1 below, FRIENDS and
FOUNDATION shall each be entitled to a refund of
their proportionate share of the balance
(calculated as provided above), if any, of the
deposits~ made pursuant to section 1.4 of this
Agreement.
SECTION 8. The following exhibits to the Agreement
are hereby amended to read as set forth in the Exhibits to this
Amendment, which are incorporated in full by this reference:
Improvements
Components".
Revised Exhibit "A" entitled "Children’s Library
and Expansion Project Description of Project
b. Revised Exhibit "B" entitled "Conceptual Plan".
SECTION 9.Except as herein modified, all other
provisions of the Agreement, including any exhibits and
subsequent amendments thereto, shall remain in full force and
effect.
//
041004m’aOlO0306
IN WITNESS WHEREOF, the parties hereto have by their
duly authorized representatives executed this Contract on the
date first above written.
ATTEST:CITY OF PALO ALTO
City Clerk
APPROVED AS TO FORM:
Senior Asst. City Attorney
APPROVED:
Assistant City Manager
Director of Administrative
Services
Director of Community
Services
Risk Manager
EXHIBITS:
REVISED EXHIBIT "A":
REVISED EXHIBIT "B":
041004ma0100306
Mayor
THE PALO ALTO LIBRARY
FOUNDATION,a California
nonprofit public benefit
corporation
Name: .-~.~a~:.~ ~ M,’l~/
Title: ~A~4
Tax_payer _Identi_fication No.
THE FRIENDS OF THE PALO ALTO
LIBRARY,a California
nonprofit public benefit
corporation
Name/ci/
Title: ~,f~’~t~.~
Name:-
Taxpayer Identification No.
(Compliance with Corp. Code ~ 313 is required
if the entity on whose behalf this contract is
signed is a corporation. In the alternative,
a certified corporate resolution attesting
the signatory authority of the individuals
signing in their respective capacities is
acceptable)
CHILDREN’S LIBRARY IMPROVEMENTS AND
EXPANSION PROJECT DESCRIPTION OF
PROJECT COMPONENTS
CONCEPTUAL PLAN
5
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
On the day of October 18, in the year of 2004, before me, Deanna Riding,
personally appeared Jeff Levinsky, personally known to me (or proved to me on the basis
of satisfactory evidence) to be the person whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his authorized capacity,
and that by his signature on the instrument the person, or the entity upon behalf of which
the person acted, executed the instrument.
WITNESS my hand and official seal.
Signature:
tary Public
CERTIFICATe. OF ACKNOWLEDGMENT
(CivilCode § 1189)
STATE OF
COUNTY OF
On /~ ~-/~ ~/ , before me, the undersigned, a .
notary publip.° .~ ~n~ ~o~ said County, personally appeared
personally kn’" own {~ m% ~r prov%d~ t~ m~~on the basis of
satisfactory evidence) to be the person~whose name(~ ~are
subscribed to the within instrument, and acknowledged to me that
he/~../they executed the same in his~their authorized
capacity(i~, and that by his/~/their signature~s~ on the
instrument the person/, or the entity upon behalf of which the
perso%~acted, executed the instrument.
WITNESS my hand and official 1.
Signature of Notary Publ ..
041004 nra 0100306 7
STATE OF CALI~FORNIA
¯ COUNTY OF SA.N~A CLARA
On the day of October 18, in the year of 2004, before me, Deanna Riding,
personally appeared Martha Meadows Schmidt , personally known to me (or proved to
me on the basis of satisfactory evidence) to be the person whose name is subscribed to
the within instrument and acknowledged to me that she executed the same in her
authorized capacity, and that by her signature on the instrument the person, or the entity
upon behalf of which the person acted, executed the instrument.
Commission # 1396839~ i~ Notary Public. California
My Comm. Exl:~e| Jan 28, 2007
WITNESS my hand and official seal.
Si
Public
CERTIFICATE OF ACI~NOWLEDGMENT
(Civil Code ~ 1189
On /DXj’-X~/ , before me, the undersigned, a
notary public i~n/~nd/ {o~ said C~unty, pe~sonally appeared
personally known to "~e#-(~r- pr~’’to ’~e "on the basis of
satisfactory evidence) to be the person~ whos~ nameplate
subscribed to the within instrument, an~ acknowledged to me that
he/~they executed the same in his/her/their authorized ~
capacity(i, and that by his/~/their signature~ on the
instrument .~he person(~ or the entity upon behalf of which the
person~cted, executed the instrument.
WITNESS my hand and official s
t~: .+-<=.; ~-~, Commission
...... " ~V Comm. ~x-’ ....
Signature of otary Publ-ic
OF.J~INA MAE RIDINS
C~m~ # 1396839
NOtary ~bllc - California
~ta Clara Coun~
~ C~m. ~es Jan 28, 2~7~
041004 nra 0100306 9
REVISED EXHIBIT ~A"
CHILDREN’ S LIBRARY IMPROVEMENT AND EXPANSION PROJECT
DESCRIPTION OF PROJECT COMPONENTS
Renovation of existing building (approximately 3400 square
feet ) :
Seismic upgrade
Roof replacement
Electrical and mechanica! upgrades including air
conditioning and heating and lighting
Accessibility Improvements
Architectural upgrade, including flooring and interior
paint
Office reconfiguration approximately 900 square feet)
North addition:
New construction including new restrooms
(approximately 1600 square feet)
Required site work (such as relocating equipment,
utility service and other necessary work
Add I0. parking spaces
South addition:
New construction for library materials circulation
needs (approximately 610 square feet)
Relocation of offices out of historic,space
Required site work (remova! of existing porch and
surrounding asphalt)
Renovate Secret Garden (approximately 8,000 square
feet)
041004 nra 0100306 10
a ~ r~O
ATTACHMENT B
AMENDMENT NO. ONE TO CONTRACT NO. C05108354
BETWEEN THE CITY OF PALOALTOAI~D
ARCHITECTURAL RESOURCES GROUP,
ARCHITECTS, PLANNERS & CONSERVATORS, INC.
This Amendment No. One to Contract No. C05108354
("Contract") 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 ARCHITECTURAL RESOURCES
GROUP, ARCHITECTS, PLANNERS & CONSERVATORS, INC., a California
corporation, located at Pier 9, The Embarcadero, San Francisco, CA
94111 (~CONSULTANT").
RECITALS:
WHEREAS, the Contract was entered into between the
parties for the provision of design services and construction
administration services for the Children’s Library Renovation and
Expansion Project; and
WHEREAS, the parties wish to. amend the Contract for
additional design services for a 610 square foot south addition to
the Children’s Library, which will become part of the Children’s
Library Renovation and Expansion Project, to increase the amount of
compensation for Basic Services by Forty Five Thousand Dollars
($45,000), and to extend the term of the contract;
NOW, THEREFORE, in consideration of the covenants, terms,
conditions, and provisions of this Amendment, the parties agree:
SECTION i. Section
amended to read as follows:
1.5, entitled ~Project," is
~1.5 Project
The term "Project" shall mean the services and
improvements, if any, described in Exhibit "A"
entitled~"Scope of Project and Time Schedule," and
Exhibit ~A-I" entitled ~Scope of Work for Design
Services to Add South Addition," attached hereto
and made a part hereof by this reference."
SECTION 2. Section 3, entitled ~Scope of Project" is
amended to read as follows:
~SECTION 3 -SCOPE OF PROJECT
The scope of the Project to be executed by
CONSULTANT under the phases of the Basic Services
described in Section 4.1 of this Agreement, and the
041013 sm 0100307
time schedule for the Project, are described in
Exhibit "A" and Exhibit "A-I"."
SECTION 3. Section 4.1, entitled "Basic Services" is
amended to read as follows:
"4.1 Basic Services
Stages of Work. The Basic Services shall be
furnished in the stages of work as described below
and as more particularly described in Exhibits
and ~A-I".
4.1.1 Schematic Desiqn
(a)CONSULTANT’S specific
responsibilities are described in Task 1 of
Exhibits "A" and "A-I". Additionally, the
CONSULTANT shall consult with CITY to ascertain the
requirements of the Project and shall confirm such
requirements to the Project Manager.
(b) CONSULTANT shall prepare
schematic design studies consisting of drawings and
other documents illustrating the scale and
relationship of project components and submit five
(5) copies thereof for approval by the Project
Manager.
(c) CONSULTANT shall work with
CITY’s staff to secure approvals of the Schematic
Design. CONSULTANT shall make presentation of
Schematic Design to the Architectural Review Board,
Historical Resources Board or any other CITY
commission, committee, or community group.
CONSULTANT shall attend a minimum of one (I)
meeting and a maximum of two (2) meetings during
this portion of the work.
(d) CONSULTANT shall submit to the
Project Manager, in triplicate, copies of any and
all calculations, sketches, diagrams, computer
print outs, and other documents prepared during
this portion of the work.
4.1.2 Design Development
(a)CONSULTANT’s specific
responsibilities are described in Task 2 of
Exhibits "A" and "A-I".Additionally, the
CONSULTANT shall prepare from the approved
041013 sm 0100307
2
schematic design, the design deve!opment documents
consisting of drawings and other data to fix and
describe the size and character of the entire
Project, including materials and such other
essentials as may be appropriate.
(b) CONSULTANT shall apply the
principles of value engineering to the design of
the Project, to achieve the lowest cost/benefit
ratio to CITY over the life cycle of the facility.
"Life cycle costs" are defined as costs incident
to planning, design, construction, operation, and
maintenance over the lifetime of the Project
calculated in terms of present value. CONSULTANT
shall submit its written value engineering analysis
to CITY at time of submission of Design Development
documents. The .scope of this analysis shall
include, but is not limited to, the following
concepts: (I) documentation challenging any
criteria furnished by CITY where a savings in total
life cycle cost can be achieved; and (2)
examination of all other design criteria for each
discipline of work where alternate materials and
methods of construction are possible. The analysis
shall consist of the following elements: (I)
comparative cost breakdown for direct labor and
material of al! selected alternatives; (2)
construction and installation techniques that
decrease any item’s life cycle cost even with a
higher initial investment; (3) maintenance and
operating costs; (4) technical references, catalog
data, telephone quotes from suppliers and
contractors, names and dates, sketches, and test
data; and (5) a summary statement.
(c) CONSULTANT shall submit five (5).
copies of the Design Development documents for
review and approval by the Project Manager.
(d) CONSULTANT shall submit to the
Project Manager, for review and approval with the
Design Development documents, a revised current
estimate of probable construction cost, in
triplicate, based upon refinements of design that
occurred during the Design Development.
(e) If requirgd by CITY, CONSULTANT
shall make personal presentations of the Design
Development to any Council committee to which the
Project is referred, the Planning Commission, any
community advisory group and/or the Architectural
041013 sm 0100307
3
Review Board. CONSULTANT shall attend a minimum of
one (I) meeting and a maximum of three (3).meetings
during this portion of the work.
(f) CONSULTANT shall submit to the
Project Manager, in triplicate, copies of any and
all calculations, sketches, diagrams, computer
printouts and other documents prepared during this
portion of the work..
(g) Upon written approval by the
Project Manager of the Design Development,
CONSULTANT shall proceed to the Construction
Documents.
4.1.3 Construction Documents
(a)CONSULTANT’s specific
responsibilities are described in Task 3 of
Exhibits "A" and "A-I" Additionally, the
CONSULTANT shall prepare from the approved Design
Development documents, for appkoval by the Project
Manager, working drawings, specifications, and
other contract forms setting forth in detail the
requirements for the construction of the entire
Project, including the necessary technical
specifications, special conditions, bid form and
other bidding information, and contract forms
furnished by CITY.
(b) Prior to the advertising for
bids, CONSULTANT shall submit in tripl±cate to the
Project Manager for review and approval a final
detailed ~ estimate of the probable construction
cost.
(c) CONSULTANT shall attend
conferences with CITY at critical phases of the
work and shall assist CITY in obtaining approval of
regulatory agencies when required by such agencies.
(d) Upon completion of the contract
drawings, specifications, and documents, and at its
expense, CONSULTANT shall furnish five (5)
full-size sets of the contract drawings, specifica-
tions, and documents for approval by the Project
Manager and any other approving authorities.
(e) Upon completion of the approved
contract drawings, specifications, and other
documents, CONSULTANT shall submit the tracings to
041013 sm 0100307
4
the Project Manager for signature. CONSULTANT
shall furnish one (i) set of the reproducible plans
and specifications.
(f) CONSULTANT shall submit to the
Project Manager, in triplicate, any revisions to
calculations, sketches, diagrams, computer
printouts and other documents that were initially-
submitted during the Design Development.
(g) CONSULTANT shall assist CITY at
and after the pre-bid conference, if. required, in
obtaining and analyzing bids, awarding the
contract, and in the pre-const.ruction conference.
CONSULTANT shall be available to answer inquiries
regarding the plans and specifications by
contractors and CITY during the~bidding period.
(h) Upon award by the City Council
of the construction contract, CONSULTANT shall
proceed to the Construction Stage.
4.1.4 Construction Stage--Administration
of the Construction Contract
(a)CONSULTANT’s specific
responsibilities are described in Task 4 of
Exhibits "A" and "A-I". The Construction Stage
will commence with the award of .the construction
contract and will terminate when final payment is
made by CITY to the contractor or upon the filing
and recordation of the notice of completion,
whichever is later.
(b) CITY shall provide for
administration of the construction contract.
the
(c) CONSULTANT shall attend
pre-construction meetings and answer questions
regarding the plans and specifications prepared by
CONSULTANT.
(d) CONSULTANT shall at all times
have access to the work wherever it is in
preparation or in progress.
(e) CONSULTANT shall make periodic
visits to the site as necessary to become familiar
with the progress and quality of the work and to
determine if the work is proceeding in accordance
with the contract documents. On the basis of
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on-site observations, CONSULTANT shall endeavor to
guard CITY against defects and deficiencies in the
work of the contractor, including ~dvising and
consulting with CITY on technical instructions to
the contractor and disapproving the contractor’s
w~rk if it fails to meet the requirements of the
contract documents. CONSULTANT shall not be
required to make continuous on-site inspections to
check the quality or quantity of the work, provided
that the limited extent of supervision furnished by
CONSULTANT in no way shall reduce or lessen its
responsibility or liability hereunder. CONSULTANT
shall not be responsible for the construction
means, methods, techniques, sequences or
procedures, or for safety precautions and programs
employed in connection with the work, and shall not
be responsible for the contractor’s failure to
carry out the work in accordance with the terms of
the .contract documents.
(f) CONSULTANT shall interpret the
technical requirements of th@ contract documents
and advise CITY on the issuance of technical
instructions to the contractor.
(g) CONSULTANT shall review and
take appropriate professional action on laboratory,
shop and mill tests, reports of equipment
performance, shop drawings, samples, and other
submissions of the contractor for conformance with
the. ’design concept of the Project and for
compliance with the construction contract
documents.
(h) CONSULTANT shall prepare
supplementary sketches required in order to clarify
or supplement the original contract documents
during the Construction Stage of work.
(i) CONSULTANT shall assist CITY in
preparing change orders.
(j) CONSULTANT shall observe the
initial operation of the Project, or of performance
tests required by the contract plans and
specifications.
(k) If required by CITY, CONSULTANT
shall assist CITY in the start-up, testing and
operation of the equipment prior to acceptance of
the Project by CITY.
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(i) CONSULTANT shall conduct site
visits, accompanied by a representative of CITY, to
determine the dates of substantial completion and
final completion. Further, CONSULTANT shall make a
declaration that the Project is in conformance with
the design concept and is in compliance with the
contract documents.
(m) CONSULTANT shall attend
meetings at least once each week throughout the
Construction Phase with the contractor and
representatives of CITY and shall submit to all
concerned minutes of the meeting attended.
(n) Upon completion of the Work,
the CONSULTANT shall compile for and deliver to the
CITY a reproductible set of Record Documents
conforming to the marked-up prints, drawings, and
other data furnished to the CONSULTANT by the
contractor. This set of Record Documents will show
the reported location of. the Work and significant
changes made during the construction process.
Because these Record Documents are based on
unverified information provided by other parties
which will be assumed reliable, the CONSULTANT
cannot and does not warrant their accuracy.
(o) CONSULTANT shall, not be
responsible for damages or injuries caused solely
by acts or omissions, of the contractor,~ or any
subcontractor, or any agent or employee of the
contractor or any subcontractor, or of any other
persons performing any of the work.
SECTION 4.
read as follows:
Section 7, entitled "Payment" is amended to
"SECTION 7 - PAYMENT
Payment shall be made by CITY only for services
rendered and within thirty (30) days of submission
of monthly progress payment requests. Each invoice
shall be itemized as to the type of payment
described in this section.
7.1 consultant’s Fees
CONSULTANT’s maximum compensation under this
Agreement for performance of the Basic Services,
Additional Services, and Reimbursable Expenses
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shall not exceed Four Hundred Forty Three Thousand
One Hundred Twenty Two Dollars ($443,122).
In consideration for the full performance of the
Basic Services (excluding Reimbursable Expenses as
described in section 7.1.5 of this Agreement) as
described in Sections 4.1.1 through 4.1.4 and 7.1.5
of this Agreement and in Exhibits "A" and "A-I",
CITY agrees to pay CONSULTANT a fee not to exceed
Three Hundred Sixty Five Thousand One Hundred
Twelve Dollars ($365,112).
The amount of CONSULTANT’S compensation shall be
calculated as ~set forth in Exhibit "B", entitled
"Rate Schedule," attached hereto and made a part
hereof by this reference, on a time and materials
basis CONSULTANT expressly agrees to perform the
Basic Services, excluding Reimbursable Expenses,
for a sum not to exceed Three Hundred Sixty Five
Thousand One Hundred Twelve Dollars ($365,112) and
that any hours worked in connection with the Basic
Services for which payment would exceed such amount
shall be at no cost to City.
7.1.1 Subconsultants.Fees for
subconsultants, hired directly by CONSULTANT, shall
be approved by CITY in advance of incurring such
fees.
7.1.2 For Additional Services.
CONSULTANT’S compensation for any Additiona!
Services, shall not exceed Thirty Two Thousand Two
Hundred Forty Dollars ($32,240) 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
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CONSULTANT’s errors or oversights be authorized or
paid for as an Additional Service.
7.1.3 Calculation of Direct Personnel
Expense. Direct personnel expense of employees
engaged on the Project by CONSULTANT shall include
only the work of architects, engineers, designers,
job captains, draftspersons, specification writers-
and typists, in consultation, research and design,
in producing drawings, specifications and other
documents pertaining to the Project, and in
services during construction at the site. Included
in the cost of direct personnel expense of the~e
employees are salaries and mandatory and customary
benefits such as statutory employee benefits,
insurance, sick leave, holidays and vacations,
pensions and similar benefits.
7.1.4 Reimbursable Expenses. Payment to
CONSULTANT for Reimbursable Expenses incurred in
connection with the performance of the Basic
Services shall not exceed Forty Five Thousand Seven
Hundred Seventy Dollars ($45,770). Reimbursable
Expenses are actua! expenditures plus 10% markup
made by CONSULTANT, its employees, or its
professional consultants in the interest of the
Project for expenses listed in the following
paragraphs:
(a) Expense in connection with the
Project for long distance telephone calls and fees
paid for securing approval of authorities having
jurisdiction over the Project.
(b) Expense of reproduction,
graphics, postage and handling of drawings and
specifications, except for those required to be
furnished by CONSULTANT in Section 4 and for use in
CONSULTANT’s office.
(c) Only if authorized in advance
in writing by CITY, expense of overtime work
requiring higher than regular rates, expense of
renderings or models for CITY’s use.
7.2 Payment Schedule
7.2.1 For Basic Services. Payments for
Basic Services shall be made monthly in progress
payments in proportion to the services performed
for each Stage. The final progress payment shall
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be made by CITY after CONSULTANT has submitted all
required Record Drawings and reports.
7.2.2 For Additional Services. Payments
for Additional Services of CONSULTANT shall be made
as part of the monthly progress payments for
services rendered.
7.2.3 For Reimbursable Expenses. Payments
for Reimbursable Expenses of CONSULTANT shall be
made as part of the monthly progress payments for
services rendered.
7.2.4 Deductions. No deductions shall be
made from CONSULTANT’s compensation on account of
penalties, liquidated damages, or other sums
withheld from payments to contractors.
7.2.5 Payment Upon Suspension or
Abandonment of Project. If the Project is
suspended for more than three months or abandoned,
in whole or in par<, CONSULTANT shall be paid its
compensation for services performed prior to
receipt of written notice from CITY of such
suspension or abandonment, together with additional
and reimbursable expenses then due. If the Project
is resumed after being suspended for more than
ninety (90) days, any change in CONSULTANT’s
compensation shall be subject to renegotiation and,
if necessary, approval by the Palo Alto City
Council (the "City Council"). If this Agreement is
suspended or terminated for fault of CONSULTANT,
CITY shall be obl±gated to compensate ~CONSULTANT
only for that portion of .CONSULTANT’s services
which are of benefit to CITY, as such determination
may be made by the City Manager in the reasonable
exercise of his or her discretion."
SECTION 5. Section 8, entitled "Progress and Completion"
is amended to read as follows:
"SECTION 8 -PROGRESS AND COMPLETION
8.1 Term of Agreement; Time Is of the Essence
The term of this Agreement shall commence upon its
execution by CITY. The work shall start
immediately upon receipt by CONSULTANT of a Notice
to Proceed. Work on each successive phase of
service as specified in Section 4 of this Agreement
shall proceed sequentially by stages Snd phases
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