HomeMy WebLinkAbout2003-02-10 City Council (3)City of Palo Alto
City Manager’s Repor
TO:HONORABLE CITY COUNCIL
FROM: CITY MANAGER DEPARTMENT: PUBLIC WORKS
DATE:FEBRUARY 10, 2003 CMR:145:03
SUBJECT:APPROVAL OF CONSULTANT CONTRACT WITH HUNSTMAN
ARCHITECTURAL GROUP IN THE AMOUNT OF $109,620 FOR
DESIGN SERVICES FOR THE CIVIC CENTER
INFRASTRUCTURE IMPROVEMENTS PROJECT -CAPITAL
IMPROVEMENT PROJECT 10102
RECOMMENDATION
Staff recommends that Council:
Approve and authorize the Mayor to execute the attached contract with Huntsman
Architectural Group in the amount of $109,620 for Phase I design services related
to infrastructure improvements at the Civic Center.
Authorize the City Manager or his designee to negotiate and execute one or more
change orders to the contract with Huntsman Architectural Group for related,
additional but unforeseen work which may develop during the project, the total
value of which shall not exceed $11,000.~
DISCUSSION
Consultant Services Description
As part of the CityWorks Infrastructure Pro~am, this project provides for replacement or
retrofit of the Civic Center building ventilation systems, garage ventilation systems,
boiler, building emergency generator, elevators, electrical systems and distribution
wiring, life safety system, and access improvements. The consultant’s services will be
phased and include a building study and report phase, and a design and implementation
phase to accomplish this project. The study phase will provide an assessmeiat of the
building systems and determine the optimal approach for replacement or retrofit. Based
on recommendations from the study phase, design documents will be prepared. Phase I
only will be awarded at this time. The final scope and fee for Phase II will be negotiated
and awarded upon satisfactory completion of the study phase.
CMR:145:03 Page 1 of 2
Selection Process
Staff sent a request for proposals to 29 consulting firms on June 3, 2002. Firms were
given 30 days to respond to the request. A pre-proposal meeting was held on June 12,
2002; four firms attended the meeting. A total of ten firms submitted proposals.
Proposals ranged from $195,024 to $642,500 for all phases of the consultants’ work.
A selection advisory committee consisting of staff from the Public Works Department,
Facilities Management and Engineering Divisions, reviewed the proposals and four firms
were invited to participate in oral interviews on August 8, 2002. The committee
reviewed each firm’s qualifications and submittal in response to the RFP relative to the
following criteria: qualifications of principals and staff, experience on similar projects,
cost effectiveness for projects of this size, and understanding of the scope of work.
Huntsman Architectural Group was selected. Huntsman’s fee for Phase I is one hundred
nine thousand, six hundred twenty dollars ($109,620) and their preliminary fee proposal
for Phase II is two hundred forty thousand dollars ($240,000) based on a construction
cost of two million dollars $2,000,000. The Phase II fee will be negotiated with
Huntsman upon successful completion of Phase I.
RESOURCE IMPACT
Funds for both phases of design for this project are available in Capital Improvement
Project 10102, Civic Center Infrastructure Improvements.
ENVIRONMENTAL REVIEW
The project is categorically exempt from the California Environmental Quality Act and
no further environmental review is necessary.
ATTACHMENTS
Attachment A: Contract
PREPARED BY:
KAREN SMITH
DEPARTMENT HEAD:
Manager, Facilities Maintenance & Projects
GLENN S. ROBERTS
Director of Public Works
CITY MANAGER APPROVAL:
Assistant City Manager
CMR: 145:03 Page 2 of 2
CONTRACT NO.
BETWEEN THE CITY OF PALO ALTO AND
HUNTSMAN ARCHITECTURAL GROUP
FOR CONSULTING SERVICES
ATTACHMENT A
This Contract No. is entered into
, by and between the CITY OF PALO ALTO, a
chartered city and a municipa! corporation of the State of
California ("CITY"), and HUNTSMAN ARCHITECTURAL GROUP, a California
corporation, located at 50 California Street, San Francisco, CA
94111-4677 ("CONSULTANT").
RECITALS:
WHEREAS, CITY desires certain professional consulting
services ("Services") and as required by the services, the
preparation and delivery of one or more sets of documents,
including but not limited to drawings, maps, plans, designs, data,
calculations, surveys, specifications, schedules or other writings
("De!iverables") (Services and De!iverables are, collectively, the
"Project"), as more fully described in Exhibit "A"; and
WHEREAS, CITY desires to engage CONSULTANT, including its
employees, if any, in providing the Services by reason of its
qualifications and experience in performing the Services, and
CONSULTANT has offered to complete the Project on the terms and in
the manner set forth herein;
NOW, THEREFORE, in consideration of the covenants, terms,
conditions, and provisions of this Contract, the parties agree:
SECTION i. TERM
I.I This Contract will commence on the date of its
execution by CITY, and will terminate withineighty (80) calendar
days after issuance of the notice to proceed for Phase i, if City
elects not to proceed with Phase II or unless this Contract is
earlier terminated by CITY. Upon the receipt of CITY’s notice to
proceed, CONSULTANT wil! commence work on the initial and
subsequent Project tasks in accordance with the time schedule set
forth in Exhibit "A"~. 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 wil!
have the option of extending the time schedule for any period of
time. This provision wil! not preclude the recovery of damages for
delay caused by CONSULTANT.
SECTION 2.SCOPE OF PROJECT; CHANGES & CORRECTIONS
2.1 The scope of Services and Deliverables constituting
the Project wil! be performed, delivered or executed by CONSULTANT
under the phases of the Basic Services as described in Exhibit "A".
2.2 CITY may order substantial changes in the scope or
character of the Basic Services, the Deliverables, or the Project,
either decreasing or increasing the amount of work required of
CONSULTANT.. in the event that such changes are ordered, subject to
the approva! of CITY’s City Council, as may be required, CONSULTANT
wil! be entitled to full compensation for al! 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 al! errors, omissions, or
ambiguities in the Deliverab!es, which are discovered by CITY
before invitations to bid on a construction project (for which the
Deliverables are required) are distributed by CITY, wil! 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
Deliverables, which are discovered by CITY after the construction
contract is awarded by CITY, wil! be performed by CONSULTANT, as
follows: (a) at no cost to CITY insofar as those Services,
including the Basic Services or the Additional Services, as
described below, or both, wil! result in minor or nonbeneficial
changes in the construction work required of the construction
contractor; or (b) at CITY’s cost insofar as those Services,
including the Basic Services or the Additional Services, or both,
wil! add a direct and substantial benefit to the construction work
required of the construction contractor. The project manager in
the reasonable exercise of his or her discretion will determine
whether the Basic Services or the Additional Services, or both,
will contribute minor or substantial benefit to the construction
work.
SECTION 3.
CONSULTANT
QUALIFICATIONS,STATUS,AND DUTIES OF
3.1 CONSULTANT represents and warrants that it has the
expertise and professional qualifications to furnish or cause to be
furnished the Services and Deliverables. CONSULTANT further
represents and warrants that the project director and every
individual, including any consultant (or contractors), charged with
the performance of the Services are duly licensed or certified by
the State of California, to the extent such licensing or
certification is required by law to perform the Services, and that
the Project will be executed by them or under their supervision.
CONSULTANT will furnish to CITY for approval, prior to execution of
this Contract, a list of all individuals and the names of their
emp!oyers or principals to be employed as consultants.
3.2 In reliance on the representations and warranties
set forth in this Contract, CITY hires CONSULTANT to execute, and
CONSULTANT covenants and agrees that it will execute or cause to be
executed, the Project.
3.3 CONSULTANT will assign Keith Turner as the project
director to have supervisory responsibility for the performance,
progress, and execution of the Project. Skip Soskin will be
assigned as the project coordinator 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
approva! of the project manager.
3.4 CONSULTANT represents and warrants that it will:
3.4.1 Procure all permits and licenses, pay all
charges and fees, subject to reimbursement by the City, in
accordance with Exhibit "B", and give all notices which may be
necessary and incident to the due and lawfu! prosecution.of the
Project;
3.4.2 Keep itself fully informed of all existing and
future published revisions to 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 to observe and comply with, the laws,
ordinances, regulations, orders and decrees mentioned above; and
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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. -
3.5 Any Deliverables given to, or prepared or assembled
by, CONSULTANT or its consultants, if any, under this Contract will
become the property of CITY and wil! not be made available to any
individual or organization by CONSULTANT or its consultants, if
any, without the prior written approva! of the city manager.
3.6 When applicable, all designs and construction
drawings, specifications, reports, and related design or
construction documents or any other documents under the Project
shal!, if required by federa! or California law or regulation, be
certified by a registered professiona! engineer licensed to
practice with the State of California.
3.7 CONSULTANT will provide CITY with the number of
drawings and specifications set forth in paragraph 3 of Exhibit
"A". To the extent a number has not been specified in Exhibit "A",
CONSULTANT will provide CITY with five (5) copies of any documents
which are a part of the Deliverables upon their completion and
acceptance by CITY.
3.8 If CITY requests additional copies of any documents
which are a part of the Deliverables, CONSULTANT wil! provide such
additiona! copies and CITY will compensate CONSULTANT for its
duplicating costs.
3.9 CONSULTANT will be responsible for employing or
engaging al! persons necessary to execute the Project. All
consultants of CONSULTANT will be deemed to be directly controlled
and supervised by CONSULTANT, which will be responsible for their
performance. If any emp!oyee or consultant of CONSULTANT fails or
refuses to carry out the provisions of this Contract or appears to
be incompetent or to act in a disorderly or improper manner, the
employee or consultant will be discharged immediately from further
performance under this Contract on demand of the project manager.
3.10 In the execution of the Project, CONSULTANT and its
consultants, if any, wil! at all times be considered independent
contractors and not agents or employees of CITY.
3.11 CONSULTANT wil! perform or obtain or cause to be
performed or obtained any and all of the fol!owing Additional
Services, not included under the Basic Services, if so authorized,
in writing, by CITY:
3.11.1 Providing services as an expert witness in
connection with any public hearing or meeting, arbitration
proceeding,or proceeding of a court of record;
3.11.2 Incurring travel and subsistence expenses for
CONSULTANT and its staff beyond those normally required under the
Basic Services;
3.11.3 Performing any other Additional Services that
may be agreed upon by the parties subsequent to the execution of
this Contract; and
3.11.4 Other Additional Services now or hereafter
described in Exhibit "A" to this Contract.
3.12 CONSULTANT will be responsible for employing
al! 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! wil! be
furnished to CONSULTANT at the time of submission of each phase of
work. CONSULTANT acknowledges and understands that the
interrelated exchange of information among CITY’s various
departments makes it extremely difficult for CITY to firmly
establish the time of each review and approval task. CITY’s
failure to review and approve within the estimated time schedule
wil! not constitute a default under this Contract.
4.3 The city manager will represent CITY for all
purposes under this Contract. Karen Smith, Manager of Facilities
Maintenance & Projects, is designated as the project manager for
the city manager. The project manager will supervise the
performance, progress, and execution of the Project, and will be
assisted by Chok Chokkalingam, Engineer.
4.4 If CITY observes or otherwise becomes aware of any
default in the performance of CONSULTANT, CITY will use reasonable
efforts to give written notice thereof to CONSULTANT in a timely
manner.
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SECTION 5. COMPENSATION
5.1 CITY will compensate CONSULTANT for the following
services and work:
5.1.1 In consideration of the full performance of the
Basic Services, including any authorized reimbursable expenses,
CITY will pay CONSULTANT a fee not to exceed One Hundred Nine
Thousand Six Hundred Twenty Dollars ($109,620). This contract
covers Phase I study and assessment for the project. The parties
anticipate amending the contract to expand the scope of services
for Phase II, design and development. In the event, the parties
cannot agree on a fee for Phase iI of the work, City wil! have the
right to use the report from Phase I to contract with another
consulting firm on the design development and construction
administration phases.
The amount of compensation will be calculated in
accordance with the hourly rate schedule set forth in Exhibit "B",
on a time and materials basis, up to the maximum amount set forth
in this Section. The fee for work shall include al! consultant
costs necessary for providing the services including sub-consultant
costs and reimburseables. The fees of the consultants, who have
direct contractual relationships with CONSULTANT, wil! be approved,
in advance, by CITY. CITY reserves the right to refuse payment of
such feesr if such prior approva! is not obtained by CONSULTANT.
5.1.2 City may authorize Consultant to perform
Additiona!Services.The amount of compensation for such
additional services shal! not exceed Eleven Thousand dollars
($Ii,000).An employee’s time will be computed at a multiple of
one (i) times the emp!oyee’s direct personne! expense described
below. The rate schedules may be updated by CONSULTANT only once
each calendar year, and the rate schedules wil! not become
effective for purposes of this Contract, unless and unti!
CONSULTANT gives CITY thirty (30) days’ prior written notice of the
effective date of any revised rate schedule.
5.1.3 The full pa~ent of charges for extra work or
changes, or both, in the execution of the Project wil! be made,
provided such request for payment is initiated by CONSULTANT and
authorized, in writing, by the project manager. Payment will be
made within thirty (30) days of submission by CONSULTANT of a
statement, in triplicate, of itemized costs covering such work or
changes, or both. Prior to commencing such extra work or changes,
or both, the parties will agree upon an estimated maximum cost for
such extra work or changes. CONSULTANT will not be paid for extra
work or changes, including, without limitation, any design work or
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change order preparation, which is made necessary on account of
CONSULTANT’s errors, omissions, or oversights.
5.1.4 Direct personnel expense of employees assigned
to the execution of the Project my CONSULTANT will include only the
work of architects, engineers, designers, job captains, surveyors,
draftspersons, specification writers and typists, in consultation,
research and design, work in producing drawings, specifications and
other documents pertaining to the Project, and in services rendered
during construction at the site, to the extent such services are
expressly contemplated under this Contract. Included in the cost
of direct personnel expense of these employees are salaries and
mandatory and customary benefits such as statutory employee
benefits, insurance, sick leave, holidays and vacations, pensions
and similar benefits.
5.2 The schedule of payments will be made as follows:
5.2.1 Payment of the Basic Services will be made in
monthly progress payments in proportion to the quantum of services
performed, or in accordance with any other schedule of payment
mutually agreed upon by the parties, as set forth in Exhibit "B",
or within thirty (30) days of submission, in triplicate, of such
requests if a schedule of payment is not specified. Final payment
will be made by CITY after CONSULTANT has submitted al!
Deiiverab!es, including, without limitation, reports which have
been approved by the project manager.
5.2.2 Payment of the Additional Services will be
made in monthly progress payments for services rendered, within
thirty (30) days of submission, in triplieate, of such requests.
5.2.3 No deductions will be made from CONSULTANT’s
compensation on account of penalties, liquidated damages, or other
sums withheld by CITY from payments to general contractors.
SECTION 6. ACCOUNTING, AUDITS, OWNERSHIP OF RECORDS
6.1 Records of the direct personnel expenses and
expenses incurred in connection with the performance of Basic
Services and Additiona! Services pertaining to the Project wil! be
prepared, maintained, and retained by CONSULTANT in accordance with
generally accepted accounting principles and will be made available
to CITY for auditing purposes at mutually convenient times during
the term of this Contract and for three (3) years fol!owing the
expiration or earlier termination of this Contract.
6.2 The originals of the Deliverables prepared by or
under the direction of CONSULTANT in the performance of this
Contract will become the property of CITY irrespective of whether
the Project is completed upon CITY’s payment of the amounts
required to be paid to CONSULTANT. -These originals wil! 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, but CONSULTANT disclaims any responsibility or
liability for any alterations or modifications of such doctuments.
SECTION 7. INDEMNITY
7.1 CONSULTANT agrees to protect, indemnify, defend and
hold harmless CITY, its Council members, officers, 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 wil! not be
deemed to be a waiver of any such covenant, term, condition,
provision, ordinance,~ or law or of any subsequent breach or
violation of the same or of any other covenant, term, condition,
provision, ordinance or law. The subsequent acceptance by either
party of any fee or other money which may become due hereunder wil!
not be deemed to be a waiver of any preceding breach or violation
by the other party of any covenant, term, condition or provision of
this Contract or of any applicable law or ordinance.
8.2 No payment, partial payment, acceptance, or partial
acceptance by CITY 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 sole cost and expense, will
obtain and maintain, in ful! 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 aiso,
with the exception of workers’ compensation, employer’s liability
and professiona! liability insurance, naming CITY as an additiona!
insured concerning CONSULTANT’s performance under this Contract.
9.2 Al! 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 £o perform Services under this Contract will obtain and
maintain, in ful! force and effect during the term of this
Contract, identical insurance coverage, naming CITY as an
additional insured under such policies as required above.
9.3 Certificates of such insurance, preferably on the
forms provided by CITY, wil! be filed with CITY concurrently with
the execution of this Contract. The certificates wil! be subject
to the approva! of CITY’s risk manager and wil! contain an
endorsement stating that the insurance is primary coverage and wil!
not be canceled or altered by the insurer except after filing with
the CITY’s city clerk thirty (30) days’ prior written notice of
such cancellation or alteration, and that the City of Palo Alto is
named as an additional insured except in policies of workers’
compensation, employer’s liability, and professiona! 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 wil! not be construed to limit CONSULTANT’s liability
hereunder nor to fulfil! the indemnification provisions of this
Contract. Notwithstanding the policy or policies of insurance,
CONSULTANT will be obligated for the ful! 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.! CONSULTANT, by executing° this Contract, certifies
that it is aware of the provisions of the Labor Code of the State
of California which require every emp!oyer to be insured against
liability for workers’ compensation or to undertake self-insurance
in accordance with the provisions of that Code, and certifies that
it will comply with such provisions, as applicable, before
commencing the performance of the Project.
SECTION ii. TERMINATION OR SUSPENSION OF CONTRACT OR
PROJECT
Ii.I The city manager may suspend the execution of the
Project, in whole or in part, or terminate this Contractr 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 wil! 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
substantia! 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 wil! be compensated for the Basic Services and
Additiona! 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 wil! be subject to renegotiation and, if
necessary, approval of CITY’s City Counci!. If this Contract is
suspended or terminated on account of a default by CONSULTANT, CITY
wil! 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 wil! receive compensation as follows:
11.4.1 For approved items of Services, CONSULTANT will
be compensated for each item of service fully performed in the
amounts authorized under this Contract.
11.4.2 For approved items of services on which a
notice to proceed is issued by CITY, but which are not fully
performed, CONSULTANT will be compensated for each item of service
in an amount which bears the same ratio to the tota! fee otherwise
payable for the performance of the service as the quantum of
service actually rendered bears to the services necessary for the
ful! performance of that item of service.
11.4.3 The total compensation payable under the
preceding paragraphs of this Section will not exceed the payment
specified under Section 5 for the respective 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 al! copies of
the Deliverab!es, whether or not completed, prepared by CONSULTANT
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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 Contract.
SECTION 12. ASSIGNMENT
12.1 This Contract is for the personal services of
CONSULTANT, therefore, CONSULTANT will not assign, transfer,
convey, or otherwise dispose of this Contract or any right, title
or interest in or to the same or any part thereof without the prior
written consent of CITY. A consent to one assignment wil! 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 All notices hereunder will be given, in writing,
and mailed, postage prepaid, by certified mai!, addressed as
fol!ows:
To CITY:Office of the City Clerk
City of Palo Alto
Post Office Box 10250
Palo Alto, CA 94303
To CONSULTANT: Attention of the project director
at the address of CONSULTANT recited above
SECTION 14.CONFLICT OF INTEREST
14.1 In accepting this Contract, CONSULTANT covenants
that it presently has no interest, and 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 wil! have any financia! interest
under this Contract is an officer or employee of CITY; this
provision wil! be interpreted in accordance with the applicable
provisions of the Palo Alto Municipal 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 emp!oyment of persons under this
Contract because of the age, race, color, nationa! origin,
ancestry, religion, disability, sexual preference or gender of such
person, if the value of this Contract is, or may be, five thousand
dollars ($5,000) or more, CONSULTANT agrees to meet al!
requirements of the Palo Alto Municipal Code pertaining to
nondiscrimination in emp!oyment, 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 wil! contain a provision substantially
as fol!ows:
"[Name of Provider] will provide CONSULTANT
with a certificate stating that [Name of
Provider] is currently in compliance with al!
Federa! and State of California laws covering
nondiscrimination in emp!oyment; and that
[Name of Provider] wil! not discriminate in
the employment of any person under this
contract because of the age, race, color,
nationa! origin, ancestry, religion,
disability, sexua! preference or gender of
such person."
15.3 If CONSULTANT is found in violation of the
nondiscrimination provisions of the State of California Fair
Employment Practices Act or similar provisions of Federal law or
executive order in the performance of this Contract, it will be in
default of this Contract. Thereupon, CITY wil! have the power to
cance! or suspend this Contract, in whole or in part, or to deduct
the sum of twenty-five dollars ($25) for each person for each
calendar day during which such person was subjected to
discrimination, as damages for breach of contract, or both. Only
a finding of the State of California Fair Emp!oyment Practices
Commission or the equivalent federal agency or officer wil!
constitute evidence of a breach of this Contract.
SECTION 16.MISCELLANEOUS PROVISIONS
16.1 CONSULTANT represents and warrants that it has
knowledge of the requirements of the federa! 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
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public buildings and accommodations for disabled persons, and
relating to facilities for disabled persons. CONSULTANT wil!
comply with or ensure by its advice that compliance with such
provisions wil! be effected pursuant to the terms of this Contract.
16.2 Upon the agreement of the parties, any controversy
or claim arising out of or relating to this Contract shall be
subject to arbitration in accordance with the Rules of the American
Arbitration Association, and judgment upon the award rendered by
the Arbitrators may be entered in any court having jurisdiction
thereof.
16.3 This Contract will be governed by the laws of the
State of California, excluding its conflicts of law.
16.4 In the event that an action is brought, the parties
agree that tria! of such action will be vested exclusively in the
state courts of California or in the United States District Court
for the Northern District of California in the County of Santa
Clara, State of California.
16.5 The prevailing party in any action brought to
enforce the terms of this Contract or arising out of this Contract
may recover its reasonable costs and attorneys’ fees expended in
connection with that action.
16.6 This document represents the entire and integrated
Contract between the parties and supersedes al! prior negotiations,
representations, and contracts, either written or oral. This
document may be amended only by a written instrument, which is
signed by the parties.
16.7 All provisions of this Contract, whether covenants
or conditions, wil! be deemed to be both covenants and conditions.
16.8 The covenants, terms, conditions and provisions of
this Contract wil! apply to, and will bind, the heirs, successors,
executors, administrators, assignees, and consultants, as the case
may be, of the parties.
16.9 If a court of competent jurisdiction finds or rules
that any provision of this Contract or any amendment thereto is
void or unenforceable, the unaffected provisions of this Contract
and any amendments thereto will remain in ful! force and effect.
16.10 All exhibits referred to in this Contract and any
addenda, appendices, attachments, and schedules which, from time
to time, may be referred to in any duly executed amendment hereto
are by such reference incorporated in this Contract and will be
deemed to be a part of this Cont_acu
13
16.11 This Contract may be executed in any number of
counterparts, each of which will be an original, but al! of which
together will constitute one and the same instrument.
16.12 This Contract is subject to the fiscal provisions
of the Charter of the City of Palo Alto and the Palo Alto Municipal
Code. This Contract will terminate without any penalty (a) at the
end of any fiscal year in the event that funds are not appropriated
for the following fiscal year, or (b) at any time within a fisca!
year in the event that funds are only appropriated for a portion of
the fiscal year and funds for this Contract are no longer
available. This Section 16.12 will take preqedence in the event of
a conflict with any other covenant, term, condition, or provision
of this Contract.
IN WITNESS WHEREOF, the parties hereto have by their duly
authorized representatives executed this Contract on the date first
above written.
ATTEST:CITY OF PALO ALTO
City Clerk
APPROVED AS TO FORM:
Senior Asst. City Attorney
APPROVED:
Assistant City Manager
Director of A6ministrative
Services
Director of Public Works
Risk Manager
Attachments:
Mayor
HUNTSMAN ARCHITECTURAL GROUP
Title:
Taxpayer Identification No.
(Compliance with Corp. Code ~ 313 is
required if the enzizy on whose behalf
this conzract is signed is a corporation.
in the alternative, a certified corporate
resolution attesting to zhe signatory
authority of the individuals signing in
their respective capacities is acceptable)
14
EXHIBIT "A":
EXHIBIT "B":
EXHIBIT "C":
EXHIBIT "D":
SCOPE OF PROJECT &TIME SCHEDULE
RATE SCHEDULE
INSURANCE
NONDISCRIMINATION COMPLIANCE FORM.
15
(Civil Code ~ 1189)
STATE OF ~ ~@~)
) ss.
COUNTY OF ~ ’~,~,[~ )
On , 2003, before me, the undersigned, a
Notary Public in and for said County and State, personally appeared
~t~ /~7~/’-/4",~ , personally known to
me or proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and officia! seal.
16
CERTIFICATE OF ACKNOWLEDG~
(Civil Code § 1189)
On ~, 2003, before me, the undersigned, a
Notary Public in and for said County and State, personally appeared
-~JJ~ !/OIb~{~ , personally known to
me or proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and officia! seal.
of No.ary Public
17
EXI41BIT A: SCOPE OF PROJECT AND TIME SCHEDULE
CMC CENTER INFRASTRUCTURE PROJECT: C~ 10102
1. INTRODUCTION
The City of Palo Alto is upgrading the Civic Center building, located at 250 Hamilton Ave, Palo
Alto, CA. The scope of work includes replacement or retrofit of the building ventilation
systems, garage ventilation systems, boiler, building emergency generator, elevators, electrical
systems and distribution wiring, life safety system, and Americans with Disabilities Act (ADA)
improvements (as triggered by Title 24 provisions required by the aforementioned upgrades).
The project may also include installation of energy saving systems/features. The Consultant’s
services shall be phased and shall include a building study and report phase (Phase I), and a
design and implementation phase (Phase 11) to accomplish the above project. This agreement
covers design services for Phase I only. It is anticipated that Phase II services will be negotiated
by the parties upon satisfactory completion of Phase I.
The cooling tower, chiller, mezzanine fan coil units and a small emergencY generator were
installed within the last 8 years and need not be replaced. Recent retrofit work to the office¯nd r 3rd 4th 5th 8thfmishes was completed on the mezzanme level, 2 too, floor, floor, floor, and the
floors. Electrical upgrades to the 2nd floor computer room and Level "A" Communications
Center will be completed in 2002¯ All building lighting has been recently upgraded for energy
efficiency. ConsuRant shall understand how the past work fits in with the new, and integrate
systems where efficiency, cost reductions, and maintenance savings can be achieved.
2.SCOPE OF SERVICES
A.Building Study and Report Phase
The Civic Center office building will remain occupied during construction. The Consultant shall
perform a survey of the building’s electrical, mechanical and elevator systems outlined above,
and develop a report describing the feasibility of retrofitting the systems while operating the
occupied facility. The study shall include strategies and alternatives to replace or retrofit the
existing systems. The analysis and resulting recommendations shall take in to account both
feasibility and economics. The study phase shall also identify Title 24 required upgrades.
The Consultant shall work with the Facilities Management Division to develop the survey
strategy, identify each mechanical, electrical and elevator component from existing construction
drawings, and evaluate the condition and required upgrades to each of the systems. Consultant
shall recommend equipment changes and methodologies in change-out while accommodating
existing occupants. Phasing and relocation alternatives, rebuilding the systems on a "fast-track"
basis, and other alternatives proposed by consultant shall be considered during this phase to
accomplish the work with the least cost and/or minimum disruption to the occupants. Consultant
shall place economic values on business disruption, leasing short-term space, and other
incidental factors in evaluating and preparing an engineering economic analysis for
retrofit/replacement of building systems.
1. Site Assessment
e Consultant shall review and evaluate all available plans, specifications, and calculations for
existing equipment and shall determine the procedure for acquiring any necessary additional
information.
Consultant, with prior permission from the City’s Project Manager, will be allowed to
remove and then replace existing construction or to install access hatches in order to
investigate inaccessible areas.
2. Equipment Evaluation
,Consultant shall perform existing equipment evaluations to latest adopted standards and
codes.
Consultant shall list and categorize all deficient/required replacement equipment and
components.
3. Economic Analysis and Feasibility Study
Consultant shall determine all practical mechanical and electrical retrofit options for each
major piece of equipment requiring replacement.
, Consultant shall review the retrofits in light of keeping existing occupants in the building or
moving them out to adjacent leased buildings. Such costs shall include moving costs,
temporary furniture and equipment, and business interruptions.
Consultant shall prepare preliminary construction cost estimates for each of the retrofit
options.
4. Report
o Consultant shall prepare and deliver 5 copies of the draft report summarizing the findings
from the study.
Upon City review and comments on the draft report, consultant shall make necessary
revisions and then prepare and deliver 5 copies of the final report to the City.
Detailed tasks and schedule for this phase of work are listed under "Palo Alto Civic Center
l_nfrastrucmre Building Study and Report Phase Schedule" attached.
Consultant shall present the study with alternates to Public Works staff, the City’s Executive
Staff, and City Council as part of the City’s decision process. At the completion of the building
study and report phase, upon review and discussion of the recommendations and alternates, the
final scope of the project shall be determined. Once the final scope is determined, the schedule
and fee for Phase II will be negotiated with the consultant and the next phase of the project shall
commence. Should the City and the Consultant be unable to reach agreement on the scope or the
fee, or for any other reason, the City reserves the right not to award Phase 11 of the work to the
Consultant.
Architectural services will include work related to Title 24 work and other ancillary architectural
work triggered by the mechanical, electrical, plumbing, structural and elevator upgrades. The
Consultant shall provide coordination and direction of the work of the design team, the gathering
of information, and the coordination and completion of the study report. The Consultant shall
provide coordination between the design team, the City’s project team, and the building and
planning officials of the City of Palo Alto.
Following are the assumptions for the architectural scope.
There is architectural work only as it relates to the support of the infrastructure upgrade
work. Anticipated areas include a possible electrical panel room and a generator room.
There may be some other areas related to electrical equipment or mechanical equipment, but
nothing is certain at this time. There may be some ceiling and light fixture selection. There
may be some treatment of penetrations of floors and walls for structural work.
There will be no architectural work related to Title 24 work except as triggered by the
infrastructure upgrade.
Architectural work related to the site search, lease negotiations, programming, space
planning, construction drawings and specifications and construction administration for a
swing space is not included.
There is to be no architectural cosmetic work.
Other than noted above, there are no plans to do any remodeling, additions or alterations to
the building. There is no work related to a restack of the building or space planning for any
of the existing departments of the building.
There is no work in the 911-call center, or the second floor computer room.
F0!!owing are the assumptions for the scope of mechanical, electrical and plumbing.
Communications system design is not included.
~Lighting design services for public areas and exterior areas are not included.
~Special systems - telephone, data, audio-visual, cable television, etc. are nrt included.
Consulting and investigation of electric service and discussions about transformer switchgear
service sizing with the electric utility company will be included.
o Consulting and investigation of existing natural gas service with the utility company will be
provided.
o Design of landscape irrigation and all civil engineering is not included.
In addition to that noted above, the scope of work for the elevator consultant includes a
computerized system analysis outlining elevator performance for each scheme studied.
The scope of work for the construction management and cost consultant during the study phase
will be to prepare budgets for the different alternatives developed by the design team.
4. PROJECT ADMINISTRATION
Karen Smith, Manager of Facilities Maintenance and Projects, will be the City’s Project
Manager, and Chok Chokkalingam, Engineer, will assist her throughout the project unless
directed otherwise by the City. All questions, correspondence and invoices will be addressed to
the Project Manager at (650) 496-6973. Fax number is (650) 496-6958. All correspondence
shall be addressed to the City of Palo Alto, Facilities Management Division, P.O. Box 10250,
Palo Alto, CA, 94303.
5. TIME SCHEDULE
The Consultant shall complete all Phase I services within 100 calendar days after issuance of
notice to proceed.
Phase 1
Huntsman Architectural Group
PALO ALTO CiViC CENTER INFRASTRUCTURE
BUILDING STUDY AND REPORT PHASE
SCHEDULE
NUM DURATION
1 One day
3
TASK
Initial Project
Kickoff Meeting
with the City of
Palo Alto
Examine the
Existing
Conditions
Documentation
Conduct Initial
Site Visit
REMARKS
Meet with the City to
reaffirm the project scope
and schedule.
Determine milestone
dates.
Recei~)e CD from the City
documenting existing
conditions of the original
construction.
Go through the City’s
drawing archive to
determine which drawings
we would like to have
reproduced to further
document the recent
changes.
Review the drawings and
the CD from the City.
Note: the City may be
able to give us the CD
and the prints before the
initial meeting, during
the contract negotiation
time, so we can gain this
time before the project
actually starts.
First visit to the site to
determine the condition of
the existing mechanical,
electrical, plumbing and
elevator systems.
Week 1
Week 2 and
3
ATTENDING
Architect
Mechanical
Electrical
Plumbing
Elevator
Structural
Architect
Mechanical
Electrical
Plumbing
Elevator
Stmctural
Architect
Mechanical
Electrical
Plumbing
Elevator
Structural
Cost
- * - -~-~ ~i~.~.~ -~-~-~*~" ...................................................................................."l~’~:;j;~’~’~ b e r Date Page
’ ¯fade 02062 O0 10 10 02 6 of 11Palo A to C vic Center in~rastructure upg - " ".................................................................................................................................................................. Huntsman Architectural Group
Huntsman Architectural Group
4 Team Meeting
Meeting with the
C~ty
Meeting with the
Bu, ilding
Department
Convey Answers
to the Team
Conduct follow-
up site visit
Meeting with the entire
design team to review
findings of the initial site
visit. Compile a list of new
questions generated by the
team as a result of the
initial site visit. These will
be questions related to
scope of work. A second
list of questions will also be
generated for review with
the Building Department.
Review information to
determine where structural
and Title 24 issues will be
involved.
Meet with the City to
review the new list of
questions and get the
responses from the City.
Meet with the Building
Department to discuss
issues related to existing
conditions which are not in
compliance with current
code requirements, and
how this may impact the
new work.
Send and e-mail to let the
design team know what
new information came out
of the meeting with the
City, and the answers to
the second round of
questions.
Follow up site visits by
mechanical, electrical,
plumbing and elevator
engineers with the new
information in hand.
Site visits by structural and
architectural for Title 24.
Week 3.
Week 3.
Meet with
the City the
same week
as the team
meeting.
Week 3.
Ideally, this
meeting is
the same
day as the
meeting with
the City #5.
Week 4. It
wil! take the
City one
week to
respond to
all the new
questions.
Week 5.
Conduct the
second
round of site
visits.
Architect
Mechanical
Electrical
Plumbing
Elevator
Structural
Cost
Architect
Mechanical
Electrical
Architect
Mechanical
Electrical
Architect
Architect
Mechanical
Electrical
Plumbing
Elevator
Structural
Cost
Project Name -, -02062 00 10 10 02 7 o{ 11Pa o A to C v c Center Infrastructure upgraae -
.................................................................................................................................................................. "}~untsman Architectural Group
Huntsman Archtectura Group
9 Team meeting
10
A second meeting with the
entire team to review
second round of findings at
the site, discuss any new
questions, and begin to
discuss possible
alternatives.
Meeting with
Building
Department
Meeting With the
City
:~eview City
Meeting with
Team
Meet with Building
Department to discuss
Title 24 issues and
establish the extent of the
Title 24 work that will be
required by the City.
A meeting with the City to
discuss preliminary
alternatives and begin to
compile the preliminary
report. Initial cost
information included in the
)reliminary report.
Meeting with the
C~ty
Team Meeting
Meet with the design team
to discuss the City’s
responses to the
preliminary report. Team
to refine the report based
on these responses. The
final product will be the
draft report. More detailed
cost information added to
the report.
Meet with the City to go
over the draft report, with
alternatives and cost
information.
Meeting with design team
to finalize the report. Final
alternatives, cost
information, and direction
for the design phase to be
included.
Week 6. It
will take
week to
compile all
the new
in format
and star
define
altemati
for
discuss~
with the
design_t
Week 6
Week / It
will tak~ a
week tc add
the Bull g
Department
requirements
into the
report.
Week ’- It
will tak~ two
weeks to
compik the
draft report.
Week 9.
Week 10. ¯
\rchitect
vlechanica!
Electrical
Plumbing
Elevator
Structural
Cost
~,rchitect
Mechahical
Electrical
Architect
¢lechanical
Electrical
Cost
.Architect
Mechanical
Electrical
Plumbing
Elevator
Structural
Cost
Architect
Mechanical
Electrical
..Architect
Vlechanical
Electrical
Plumbing
Elevator
Structura!
Cost
""~’~iect Na e ,,02062 00 ~o.lo.o2 8 of 1 1
} o Civic Center Infrastructure upgrac~e ....A t ...............................ral Grou...................................................................................................................................Huntsman Architectu P
Huntsmen Architectural Group
15 Meeting with the
C~ty
16 Meet with City
Council
Present the final version of
the report to the City prior
to presenting it to the city
Council, so the City is
aware of the contents,
scope, schedule and costs.
Present the final report to
the City Council and argue
for its approval by the
council.
Week 11. It
will take one
week to
compile the
final report.
Next
Scheduled
Council
Meeting.
Approximatel
y week 13.
Architect
Mechanical
Electrical
Cost
Architect
Mechanical
Electrical
Cost
..................................................................................................Project Number Date ~ago~ 11Project Name
Pa o A to C vic Center nfrastructure Upgrade 02062.00 10.10.02
.................................................................................................................................................................. Huntsman Architectural Group
EXHIBIT B: FEE SCHEDULE
Basic Services
The fee for Phase I of this work shall include all Consultant costs necessary for providing the
desired services including sub-consultant costs, re-imbursables, meetings, and report generation.
Re-imbursables shall include travel, document reproduction costs, mailing and courier services.
Travel shall be reimbursed at the City’s current standard rate.
Phase I: Consultant shall provide all basic services for a not-to-exceed fee of one hundred nine
thousand six hundred twenty dollars ($109,620).
Mechanical, Electrical, Energy, Life Safety,
Garage Ventilation Systems Analysis
Architectural Coordination (Time and materials not-to-exceed)
ADA/T24 Survey (Time and materials not-to-exceed)
Structural Engineering
Elevator Consulting
Cost Estimating/Construction Mgmt Consulting ¯
Re-imbursables (at-cost, not-to-exceed)
Total Phase I
$57,750
$14;500
$5,000
$9,500
$4,200
$14,670
$4,000
$109,620
Additional Services:
Consultant shall be paid on a time and material basis according to the standard fee schedule rates
attached, should any work be requested by the City which falls outside the basic services of this
project. All additional services work must be authorized in advance in writing by the City’s
Project Manager prior to accomplishment of the work.
Additional Services $11,000
50 California Street i San Francisco California ~ Facsimile 415.394.1222
Seventh Floor 94111- 4677
Billing Rates, As Per January 01, 2003 Billing Rate Table
Clerical $80,00
www.huntsmanag.com 415.394.1212
Drafter $75.00 - $85.00
James Reid $ 75.00
Senior Drafter/Job Captain $95.00 - $115.00
Krista Olson $ 115.00
Space Planner/Designer $95.00 - $130.00
Project Architect
Pam Robinson $ 147.00
Project Manager
Skip Soskin $ 147.00
Principal In Charge
Keith Turner $ 147.00