HomeMy WebLinkAboutID2390-Mitchell-Park-Monthly-Report-2-21-12City of Palo Alto (ID # 2390)
City Council Staff Report
Report Type: Action ItemsMeeting Date: 2/21/2012
February 21, 2012 Page 1 of 4
(ID # 2390)
Summary Title: Mitchell Park Construction Contract Monthly Report
Title: Submittal of Mitchell Park Library and Community Center Monthly
Construction Contract Report and Council Direction to Staff to Continue
Construction Contract Monthly Reports
From:City Manager
Lead Department: Public Works
Recommendation
Staff recommends that Council:
1)Accept this update on the Mitchell Park Library and Community Center (MPL&CC)
construction contract change orders; and
2)Direct staff to continue to submit monthly reports to Council and to take related
actions which Council may direct.
Executive Summary
The MPL&CC construction is approximately 67% complete. Council has authorized a 20%
construction contract contingency ceiling for unanticipated construction costs and established
specific project reporting requirements in order to manage costs. Actual change orders
approved to date total $1,622,146 or about 6.7% of the base construction contract amount.
Background
On September 12, 2011, Council authorized an increase in change order authority and a ceiling
for the MPL&CC construction contract from 10% to 20% to cover unanticipated construction
costs. Council also directed staff to provide Council with a Monthly Report on Change Orders
with Flintco, the general contractor.
Discussion
To date, 13 change orders have been approved for a total amount of $1,622,146. This amount
constitutes 6.7% of the base construction contract amount. Council has authorized change
orders up to 20% of the contract amount, leaving 13.3% available of the Council approved 20%.
A breakdown of the change orders and the key components of each are contained in Table 1
listed below with a brief description of each. Please recognize that change orders can include
reductions and credits as well as new costs. You will see this, for example, reflected in Change
Order #5 in Table 1 below.
February 21, 2012 Page 2 of 4
(ID # 2390)
Note: The last three change orders (11, 12, and 13) are newly approved since the last report to
Council.
Table 1
Change Order Amount Change Order Summary
1 $41,725 Eight extra work items including the pruning of trees, clean-
up of the old building, and removing conduit found during
site clearing and grading.
2 $33,102 Four extra work items including the rerouting of a storm
drain around tree roots and the addition of a new manhole
that the drawings showed being present but wasn’t.
3 $215,501 10 extra work items including an adjustment needed due to
tree root interference, an upgrade in wall insulation
capability, and design coordination needed for steel
installation.
4 $242,754 11 extra work items including the installation of dowels at
additional locations, the installation of thicker glass railings to
increase stability, increased gas transmission line
coordination, and extra concrete water protection.
5 $4,436 24 extra work items including an extra light fixture cost, fire
safety drawing coordination, and a variety of additional
required supplies totaling $70,536 minus credit given for
three of the 24 work items including spare fixtures no longer
required and reimbursed City of Palo Alto dump fees totaling
$66,100.
6 $25,123 Seven extra work items including additional gas main
protection, curb strengthening, and deck support for the
Building A green roof.
7 $74,304 19 extra work items including HVAC driven floor adjustments,
electrical system adjustments, data cable rerouting, and a
new load break cabinet totaling $109,965 minus credit given
for two of the 19 work items including stones for the Arch
provided by the artist and value engineering totaling $35,661.
8 $385,251 10 extra work items including additional fill, perforated metal
panel ceiling work, various waterproofing, and conduit.
9 $195,706 18 extra work items including multiple curb installations, a
basketball court slab, and an art sculpture foundation.
10 $78,514 18 extra work items including a Flintco field staff supplement,
waterproofing, plumbing and electrical system alterations,
and tree protection measures totaling $79,226 minus credit
given for one of the 18 work items identified as plumbing
fixture changes totaling $712.
February 21, 2012 Page 3 of 4
(ID # 2390)
11 $224,662 14 extra work items including beam strengthening, interior &
exterior roof tank pipe supports, electric vehicle chargers,
load break cabinet bollards, and additional steel.
12 $20,347 Seven extra work items including A/V work, electrical
changes, and a roof access ladder.
13 $80,721 13 extra work items including metal stud framing, light
fixtures, and miscellaneous electrical work.
TOTAL $1,622,146 TOTAL CO’s 1-13
***For further information about each of the change orders see the attached corresponding
Contract Change Order Scopes of Work. (Attachment A)
Change order requests submitted by the contractor are typically bundled together on a monthly
basis and summarized in one single change order. On September 12, 2011, Council further
directed staff to submit any change order request which exceeds $85,000 to Council for
approval (Attachment B). Staff is interpreting this to mean an individual change order line item
more than $85,000. (You may note over the course of a month a number of on-site decisions
are made, in order to not slow the project down, which when complied later can add up to
more than $85,000). Thus, there are no change order requests greater than $85,000 which
staff is recommending Council approve at this time. (Bundled Change Order 11, for example,
totals $224,662, but includes as series of change orders, none of which exceeds $85,000).
Council further directed that staff report to Council on the activities of the related Oversight
Committees. Therefore, attached are the most recent documents from both the Library Bond
Oversight Committee (Attachment C) and the Library Bond Stakeholders Committee
(Attachment D).
On October 17, 2011, Council requested information on two other related topics and these are
addressed below.
1)Expenditures for New Consultants
The City Attorney’s Office has hired three relatively new Consultants to assist with the
review of construction costs requested by Council. The table below shows the amount
encumbered and the amount spent to date.
Contract Amount Amount Expended
ZFA Structural Engineers $25,000 $15,332.52
Jarvis Fay (Law Firm)$50,000 $14,946.68
Reidinger Consulting (Scheduling)$30,000 $30,000
2)Outstanding Change Orders Proposed by the Construction Contractor (Flintco)
In addition to knowing the amount of the Change Orders approved to date by the City
(above), Council members asked the value of the outstanding change orders proposed by
Flintco but not yet approved or rejected. This information is contained in Attachment E.
February 21, 2012 Page 4 of 4
(ID # 2390)
The latest Monthly Report concerning all Library Projects (“Palo Alto Library Projects”) is
included as Attachment F. These will no longer be forwarded to Council via a separate staff
report.
Resource Impact
There are no resource impacts associated with providing the monthly reports to Council. The
approved change orders are within the Capital Improvement Program Project (CIP) Budget PE-
09006 for the MPL&CC project.
Policy Implications
There are no policy implications in providing the monthly reports to Council.
Environmental Review
Providing monthly reports on this topic to Council does not constitute a project under the
California Environmental Quality Act (CEQA).
Attachments:
·A -MPL COs # 1-13 (PDF)
·B -Staff Report #1711 Mitchell Park Contingency (PDF)
·C -LBOC Agenda_1-24-2012 (PDF)
·D -LBOC Minutes_10-25-2011 (PDF)
·E -Summary Charts_1-31-2012 (PDF)
·F -PAL Monthly Report -November and December 2011 (PDF)
Prepared By:Philip L. Bobel, Interim Asst. Director, Engineering Services
Department Head:J. Michael Sartor, Director
City Manager Approval: ____________________________________
James Keene, City Manager
City of Palo Alto (ID # 1711)
City Council Staff Report
Report Type: Action ItemsMeeting Date: 9/12/2011
September 12, 2011 Page 1 of 7
(ID # 1711)
Summary Title: Contingency increase to 25% Mitchell Park Lib/CC
Title: Approval of Increase in Construction Contingency from 10% to 25% on
Contract C11136473 with Flintco Pacific Construction, Inc. for Construction of
the Mitchell Park Library and Community Center, PE-09006; and Approval of Two
Contract Amendments for Additional Construction Management and Design
Services: Amendment No. Three with Turner Construction, Inc., to Add $205,287
for a Total Amount Not to Exceed $3,783,745 and Amendment No. Five with
Group 4 Architecture, Inc. To Add $220,670 for a Total Amount Not to Exceed
$7,902,421
From:City Manager
Lead Department: Public Works
Executive Summary
Several issues have or are projected to increase the construction costs of the Mitchell Park
Library and Community Center (MPLCC), including many underground utility conflicts and the
overall complexity of the library itself, particularly the electrical-mechanical systems, which will
contain cutting-edge technology. The building is expected to reach the level of Leadership in
Energy and Environmental Design (LEED) Gold or Platinum; a very positive aspect, but one
which increases complexity even further.
Due to these factors, actual and known projected contract change orders for the Mitchell Park
Library and Community Center construction through April have used 53 percent of the Council
approved percent contingency amount while only 33 percent of the work is in place (see
Attachment A for contingency graph). Based on the current usage rate, staff recommends that
Council authorize increasing the contingency by an additional 15 percent for a total
construction contingency of 25 percent. Having this amount available if necessary will help
insure no disruption to the construction schedule. This added contract contingency will not
change the Projected Project Cost of $41 million. Staff continues to estimate project savings (as
calculated from the Engineer’s Estimate of $49,043,000) to be $7.4 million. These projections
do not change because a larger contingency need had been anticipated in the Projected Project
Cost.
Recommendation
Staff recommends that Council”
September 12, 2011 Page 2 of 7
(ID # 1711)
1.The existing contingency for construction of the Mitchell Park Library and Community
Center PE-09006) (“MPLCC”) is 10 percent of the construction contract of $24,365,000,
or $2,436,500. Staff recommends the construction contingency for contract C11136473
with Flintco Pacific, Inc., be increased by $3,654,750 an additional 15 percent of the
Contract amount. The revised total contingency authorization for this contract would
be $6,091,250 for a total contract contingency of 25 percent.
2.Approve and Authorize the City Manager to execute Amendment No. Three
(Attachment B) to contract C10131631 with Turner Construction, Inc., to add $205,297
for additional construction management services for a total contract amount of
$3,783,745. This increase represents a 7.5 percent increase in the Additional Services
budget.
3.Approve and Authorize the City Manager to execute Amendment No. Five (Attachment
C) to contract C09130744 with Group 4 Architecture, Inc., to add $220,670 for additional
design services for a total contract amount of $7,902,421. This increase represents a 5
percent increase in the Additional Services budget.
Background
Measure N, which passed on November 4, 2008, includes funding for construction of a new and
expanded Mitchell Park Library and Community Center (MPLCC), renovation of the Downtown
Library and renovation and expansion of the Main Library. Detailed history of the design
development can be found in past City Manager’s Reports to Council (CMR:286:02,
CMR:119:06, CMR:343:06, CMR:434:06, CMR:225:07, CMR:321:08, CMR:473:08, CMR:149:09,
CMR:334:10 and CMR:435:10) that can be viewed at:
http://www.cityofpaloalto.org/knowzone/reports/cmrs.asp).
On August 5, 2010, Council awarded contract C11136473 to Flintco Pacific Inc., for construction
of the Mitchell Park Library and Community Center in the amount of $24,365,000. Council also
authorized a 10 percent construction contingency in the amount of $2,436,500 for a total of
$26,801,500. The construction costs are a component of the overall Projected MPLCC Project
Cost of $41,566,317, as reported in the May, 2011 Palo Alto Library Projects Monthly Report.
·
·Discussion
The American Institute of Architects recommends a construction change order contingency of
10 to 12 percent on projects the size of the MPLCC. Contingency has varied on past on City
building projects based on the nature of the project: the College Terrace Library had a 25
percent contingency; the Downtown Library has 15 percent contingency; and the two
downtown parking structures had a 15 percent contingency. This request would increase the
Mitchell Park Library contingency to 25 percent of Flintco Pacific Inc.’s original contract, more
typical of the City’s recent, large construction contracts.
The construction manager for the MPLCC project, Turner Construction, had originally
recommended a 10 percent contingency since new buildings not in a downtown area are
typically more straightforward projects than building remodels, which can have many
unforeseen factors such as termites, dry rot, and features not shown on the older plans used to
September 12, 2011 Page 3 of 7
(ID # 1711)
develop the remodel. In the case of the MPLCC, however, the complexity and sophistication of
the project that is being undertaken make it distinguishable from typical new construction
projects. The MPLCC building will contain complex, cutting-edge technology (such as blinds that
open and close automatically in response to the amount of sunlight available) and is expected
to reach the level of Leadership in Energy and Environmental Design (LEED) Gold or Platinum.
As the complexity of a project goes up, it becomes more difficult for public “lump sum” bid
documents to address every condition that will be encountered during construction.
·
·In addition, significant unforeseen items have impacted the contingency budget to date.
These items include issues related to the PG&E high-pressure gas transmission line, site utilities,
foundations, and structural steel. Anticipated issues that may arise as construction continues
and could potentially require increased contingency levels are the electrical and mechanical
components. Details of the major categories impacting contingency are listed below:
·
·PG&E High Pressure Gas Line
·The Notice to Proceed for construction was issued on September 7, 2010. Two days
later, a PG&E gas transmission line exploded in San Bruno which led to a heightened awareness
of gas line safety. A similar gas transmission line exists at the back of walk along Middlefield
Road, including the frontage of this project and it was necessary to re-check the elevations and
designs of all utilities crossing the gas line. Many underground utilities were in close proximity
to the gas line and as a result, all members of the project team worked together to develop and
implement additional, elevated safety protocols for working near that gas transmission line
which included added cost for coordination meetings with all utilities and all relevant
subcontractors. The safety protocols led to additional costs by requiring that more careful
excavation methods, such as hand digging and vacuum excavation, be used near the gas line.
These methods of excavating are also more expensive than standard methods that would have
been reasonable to presume while bidding.
·
·Structural Steel changes
·One of the unfortunate consequences of a competitive bid market and the weak
economy is that many subcontractors find that they cannot meet the obligations of all the
projects that they bid. This project has experienced more subcontractors pulling out than any
other project that the City has done. One of the major components of a building like the
MPLCC is that its structural steel frame is a significant portion of the work that needs to be
done. Nearly all other components of the building are dependent on the completion of the
structural steel frame. As a result, it becomes part of the critical path for scheduling and any
delays to the progress of the structural steel frame delay the entire project.
·
·One of the first subcontractors to withdraw from this project was the structural steel
subcontractor. Such an action typically would cause a three month delay in the project.
Through significant effort on the part of the general contractor, the construction manager, the
design team, and the City, delays were avoided by approving a new subcontractor for the
structural steel in an expeditious manner. In order to make up for some of the delay caused by
September 12, 2011 Page 4 of 7
(ID # 1711)
the three weeks that it took to find a new structural steel subcontractor, acceleration of the
structural steel work was necessary, requiring overtime by the new structural steel
subcontractor. In the process of working through all of the shop drawings necessary to get the
structural steel done as quickly and efficiently as possible, modifications to the structural steel
design were made.
·
·Completeness of Design Plans and Specifications
·At the time of the public bidding process, it appears that certain areas of the design
were not detailed to the level needed for actual construction. For example, while a detail was
shown for the size of tube steel that would be needed to reinforce exterior walls, there was no
mention of the spacing or length of said steel members. As a result, the steel actually necessary
for construction was more than the amounts detailed in the design plans on which the
contractor based its bid, and an additional approximately $250,000 was needed to reimburse
the contractor for the additional steel that was needed for the building.
·
·Other design areas where similar design plan issues have been identified relate to the
means of connecting various parts of the building. The building is composed of a variety of
angles and the angles may abut differing types of materials (stone to metal, etc). The way of
connecting to one type of material is different from connecting to another type of material and
the differing angles add complications. For the most part, the plans only showed a few
standard details.
·
Staff is taking a two-fold approach to minimize potential delay resulting from these issues.
First, Group 4 Architecture is working as quickly as possible to correct the plans and the
contractor and construction manager are working together to implement them in the field.
Second, Staff is reviewing the extent to which the change orders for this project were driven by
the completeness of Group 4 Architecture’s design drawings and tracking related costs caused
by the design changes. If it is determined that the number and type of deficiencies in the design
work was atypical and resulted in significant delay or other change order costs, appropriate
follow-up actions will be taken.
·
·However, it is important to note that the additional costs associated with the steel and
connections could likely not have been avoided. These are critical components of the building.
If the details had been fully shown in the plans at the time of the bid, the contractor would
probably have accounted for those details in the bid and the City would have likely paid a
higher price for the building at the time of contract award.
·
·Exterior Cladding of the Building
·The exterior cladding (skin) of the building has been more challenging to build than
anticipated. The purpose of the exterior skin is keep the elements out, but also to provide the
level of thermal and moisture protection necessary for efficient energy usage. The basis of
design for the exterior skin required the development of a performance specification of specific
structural and thermal properties which were incorporated into the building’s design. After
September 12, 2011 Page 5 of 7
(ID # 1711)
construction started, however, the project team came to the conclusion that the only way to
meet the performance specification was to use a proprietary system instead of conventional
framing. Additional effort by the contractor, construction manager, and design team was
needed to detail how all of the parts would fit together since standard details do not
necessarily apply to a proprietary system. Additionally, numerous openings in the exterior skin
require coordination with other parts such as the book drops for the automated materials
handling equipment, anchorage for art work, signs and plaques at the entrance, in addition to
the doors and windows of the entrance. Since all of these parts were being designed by many
different parties as the construction got underway, adjustments and interconnections required
additional care, effort, and thought.
·
·Interiors and Electrical-Mechanical Systems
·Interiors and electrical-mechanical systems are the two significant areas remaining to be
addressed that have the potential to trigger the need for additional contingency funding. These
areas are where the advanced building technology is most present, so it is possible that
additional unexpected issues might arise. The rate at which the contingency is used should
ease off after the electrical-mechanical issues are addressed
·
Analysis
Actual and projected potential contract change orders for the MPLCC construction have thus far
used 53 percent of the contingency while only 33 percent of the work is in place (Attachment
A). During the first eight months of construction, contingency usage averaged $160,000 per
month. The current 10 percent contingency funding level allows only an average of $120,000
per month. Therefore, staff recommends that Council authorize increasing the contingency by
another 15 percent, for a total of 25percent.
Based on a review of the construction documents, field conditions and change orders to date,
staff projects a 20 percent contingency authorization would likely cover projected additional
work required through completion of the project. Increasing the contingency to 25 percent,
however, provides the Director of Public Works with the authority to continue approval of
change orders through conclusion of the contract and ensures a sufficient funding cushion to
avoid the possibility of delays due to lack of contingency funding. Any unused funding at the
end of the project returns to its source, in this case to Bond proceeds.
Even with this added contingency amount, the projected MPLCC project cost will continue to be
$41,566,317, as reported in the May, 2011, Palo Alto Library Projects Monthly Report. The
projected savings (as calculated from the Engineers’ Estimate of $49,043,000) will continue to
be $7,476,683. The amount being added to the construction contract contingency does not
impact the projected project cost because a larger contingency had been anticipated in the
engineering estimate.
Council had authorized 15 percent contingency on the Downtown Library and 25 percent on
the recent College Terrace Library project. Construction efforts to date reveal that the MPLCC
is at that level of complexity where a 25 percent contingency is justified. Staff had requested
September 12, 2011 Page 6 of 7
(ID # 1711)
the 25 percent contingency on the College Terrace Library due to the low bids received and to
the competitive bidding climate in which profit margins were very thin or non-existent so that
contractors could secure work for their crews. When bids are substantially below the project
budget, as was the case with the College Terrace Library and the MPLCC, there is no room for
the contractor to provide anything but what is shown on the plans. For example, in the past a
contractor might have provided additional landscaping in a small area where it had not been
shown on the plans but in today’s market the owner would be asked to pay for that small
amount of extra work. Given that construction climate, staff will reassess whether to
recommend 15, 20 or even 25 percent contingencies on future projects that are significantly
below the engineer’s estimated cost.
Consultant Contract Amendments
Staff recommends approval of Amendments No. 3 and 5, respectively, to contracts with Turner
Construction and Group 4 Architecture. The Additional Services (contingency) budgets within
these contracts have been increased to correspond to the issues described in this report and
allow for increased flexibility in the future. The previous Additional Services budgets have been
depleted by increasing both Turner and Group 4 Architecture staffing in order to respond to
design and construction issues, thereby reducing the likelihood of construction delay claims by
the contractor. If additional services are not needed by the consultants, the funding will not be
spent. In addition to the 5 percent increase requested by Group 4 Architecture, Turner
Construction is requesting a higher contingency amount of 7.5 percent in order to assist staff
with the preparation of the numerous contract packages (furniture, signage, equipment,
telecommunication, etc.) that are required for this project.
Resource Impact
Additional 15 percent construction contingency funding in the amount of $3,654,750 is
available in the Mitchell Park Library and Community Center CIP, PE-09006. This funding
amount was initially set aside and assumed for budgeting purposes that it would be used for
project costs. Its use for increased construction and consultant costs will therefore have no
impact on the projected project reserves of $7.41M.
The Measure N contracts and contract amendments encumbered to date are as follows:
Contract Group 4
Architecture
Turner Construction Construction
Original contract $3,827,280 $138,198 $24,365,000
Original Contingency -10%$2,436,500
Additional Contingency -15%$3,654,750
Amendment 1 $92,034 $432,000
Amendment 2 $312,396 $3,008,250
Amendment 3 $3,192,000 $205,297
Amendment 4 $258,041 n/a
September 12, 2011 Page 7 of 7
(ID # 1711)
Amendment 5 $220,670 n/a
Subtotals:
Total Contract Value to Date $7,902,421 $3,783,745 $30,456,250
Policy Implications
Increasing the contingency to 25 percent for the construction contingency budget and for
increased consultant services does not conflict with any current City policy.
Timeline
Construction of the new Mitchell Park Library and Community Center began in September of
2010 and construction is anticipated to be completed in the summer of 2012. After the
construction is completed, library and community center staff will move materials and
equipment back into the new facilities which are expected to re-open in the fall of 2012.
Attachments:
·A -Contingency Analysis (PDF)
·B -Turner Construction, Amendment 3 (PDF)
·C -Group 4 Architecture, Amendment 5 (PDF)
Prepared By:Karen Bengard, Senior Engineer
Department Head:J. Michael Sartor, Interim Director
City Manager Approval: James Keene, City Manager
Mitchell Park Library Community Center
Flintco Construction General Contract
Contingency Analysis
August 2011
$0
$500
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$6,000
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Average monthly use 10%
contingency
Average monthly use 25%
contingency
Changes Orders approved
to date
Potential Change Orders
10 % Contingency
25%Contingency
AMENDMENT NO.3 TO CONTRACT NO. CI0131631
BETWEEN THE CITY OF PALO ALTO AND
TURNER CONSTRUCTION COMPANY
This Amendment No.3 to Contract No. C10131631 ("Contract") is entered into
on 12th day of September, 2011, by and between the CITY OF PALO ALTO, a charter city and a
municipal corporation of the State of California ("CITY"), and TURNER CONSTRUCTION
COMPANY, a California corporation, located at 60 S. Market Street, STE 1100, San Jose, CA
95113 ("CONTRACTOR").
RECITALS:
WHEREAS, the Contract was entered into between the parties for the provision
for the Mitchell Park Library and Community Center construction services; and
WHEREAS, the parties wish to amend the Contract to add funding for additional
services;
NOW, THEREFORE, in consideration of the covenants, terms, conditions, and
provisions ofthis Amendment, the parties agree:
Section 1. Section 4 of the contract. Not to exceed compensation. is hereby amended to read
as follows:
"The compensation to be paid to CONSULTANT for performance of the Services described in
Exhibit "A", including both payment for professional services and reimbursable expenses, shall
not exceed Three Million Two Hundred Fifty-four Thousand Three Hundred Thirty-seven
Dollars ($3,254,337.00). In the event Additional Services are authorized, the TOTAL
compensation for services and reimbursable expenses shall not exceed ($3,783,745).
Section 2. The following exhibits to the Contract are hereby amended to read as set forth in
the attachments to this Amendment, which are incorporated in full by this reference:
a. Exhibit "A" entitled "Scope of Work Mitchell Park LibrarylCommunity Center,
Renovation of the. Downtown Library, Renovation and Addition to the Main Library &
Temporary Library Design Services".
b. Exhibit "B" entitled "EXHIBIT "B" SCHEDULE OF PERFORMANCE".
c. Exhibit "c" entitled "EXHIBIT "c" COMPENSATION".
Except as herein modified, all other provisions of the Contract, including any
exhibits and subsequent amendments thereto, shall remain in full force and effect.
II
II
July 21, 2011. Page 1 of21
IN WITNESS WHEREOF, the parties have by their duly authorized
representatives executed this Amendment on the date first above written.
APPROVED:
City Manager
APPROVED AS TO FORM:
Senior Asst. City Attorney
Attachments:
EXHIBIT "A":
EXHIBIT "B":
EXHIBIT "C":
SCOPE OF SERVICES
PROJECT SCHEDULE
COMPENSATION
TURNER CONSTRUCTION COMPANY BY:~~ T~
Name: ~~ J. Prr. fndt
Title: VUL {Jr4.'} O\~.
July 21, 2011 Page 2 of21
EXHIBIT" A"
SCOPE OF SERVICES
1. INTRODUCTION
In November 2008, voters approved Measure N, which provided for the upgrade, replacement
and/or expansion of three libraries in Palo Alto. These libraries are the Downtown Library, the
Mitchell Park Library and Community Center (MPLCC) and the Main Library. Environmental
clearance has been completed and approved for the three sites. The design plans, which are
currently approximately 50 percent complete, have been reviewed by City boards and
commissions and have been presented to the community, although additional public meetings are
scheduled.
I>owntownLibrafY
Improvements to the I>owntown Library, located at 270 Forest Ave, consist primarily of
accessibility improvements, code required upgrades, electrical and mechanical systems upgrades,
and interior space remodeling. The estimated 2008 construction cost was $2.4 million which was
based upon 35% completed plans. The construction cost estimate excludes d'esign costs,
contingency, inflation escalation, permits, testing, fixtures and furnishing. Environmental
clearance has been completed and approved for the project.
The Downtown Library will not be a certified LEED building but will follow the City's Green
Building Policy and submittal requirements.
Mitchell Park LibrafY and Community Center
The existing Mitchell Park Library building is located at 3700 Middlefield Road and the adjacent
Community Center building is located at 3800 Middlefield Road. The existing library building
is less than 10,000 square feet. The existing community center building is approximately 10,000
square feet.
Construction will entail demolition and removal of the existing buildings and parking lots,
construction of a combined library and community center building and associated site amenities
including parking. The new building'S total area will be approximately 51,000 square feet, of
which 36,000 square feet will be a two-story library and 15,000 square feet will be a single-story
community center around a heritage oak tree. The 2008 estimated construction cost was $28.1
million which was based upon the 35% plan design. The construction cost estimate excludes
design costs, contingency, inflation escalation, permits, testing, fixtures and furnishing. The
MPLCC will be designed to U.S. Green Building Council's Leadership in Energy Efficiency and
I>esign (LEEI> ®) Gold standard.
I>uring construction, the library services and the community center will be relocated to a
temporary facility or facilities. Design of the temporary facility is underway and construction
management services for that facility will be performed by Public Works staff.
Main Library (Potential Future Phase)
Construction management services for the Main Library are not included at this time, as design
of improvements to the Main Library will not begin until approximately early 2011. The City
reserves the right to negotiate a fee for and enter into a contract (amendment) with Turner
Construction Company (hereinafter "Consultant") for these services, or to issue a new Request
for Proposals for the services.
July 21, 2011 Page 3 of21
The Main Library, located on Newell Road, will have both an interior renovation and an
expansion. The renovation to the existing historic structure will consist of seismic, accessibility,
and systems upgrades as well as minor expansions and reconfigurations. In addition, a detached
building of approximately 4,500 square feet will be constructed. The 2008 estimated
construction cost was $9 million which was based upon the 35% plan design. The construction
cost estimate excludes design costs, contingency, inflation escalation, permits, testing, fixtures
and furnishing.
2. SCOPE OF SERVICES
All work described below will be done in conjunction with the City's ongoing review and
approval process for the projects described above. The Consultant's services shall include full
Construction Management Services as required to assist staff in the management of the design
and construction of the above projects.
If at any time, the City is not satisfied with the performance of Consultant's staff, the City
reserves the right to request the services of a different individual. If for any reason the
Consultant proposes a change of staffing during the course of the project, the City reserves the
right to approve any new staff. Additional Services must be approved in advance of services, in
writing, by the City Project Manager.
Office space, computers, cell phones, furnishings and other equipment needed for Consultant's
staff shall be provided by the Consultant. These costs shall be included in the Consultant fee
proposal.
Downtown Library
Phase I -Design Phase
Staff support for this library will be primarily by City staff. During the design phase, Consultant
services are primarily required for specialty (mechanical, electrical) and for pre-qualifiction of
contractors and key subcontractors.
A. Preconstruction
Document and Constructability review
Consultant shall:
• become familiar with the project history, plans, and specifications.
• review plans, specifications and cost estimates submitted for City review. Review by
Consultant shall be performed by engineers or contractors who have experience in relevant
fields. Review of documents shall be done at the current and 100% completion stage of Design
Development and at 60%, 95% and 100% of Construction Development.
• provide a constructability review for the project documents and make appropriate cost and/or
time-savings recommendations to the City.
• provide an independent opinion of probable cost.
• analyze and document the costs and benefits associated with combining construction of the
Downtown Library with the MPLCC.
• coordinate as-needed and directed with the ArchitectlEngineers (AE) firm, City staff, City
boards and commission members, and community members.
July 21, 2011 Page 4 of21
• assist the City's Contracts Manager with the preparation of the "Instructions to Bidders" which
will define the scope of work that must be included in the bid packages and other related bid
documents needed to ensure a complete bid package. The AE will prepare technical
specifications.
• become familiar with the various City department functions and requirements for project
coordination.
Contractor and Key Subcontractor Pre qualification
Prior to the construction bid phase, the Consultant shall prepare, and obtain approval from the
City of Palo Alto, to advertise forms required for Contractor and key subcontractor
Pre qualification. Consultant shall administer the feedback from same, including but not limited
to: answering questions from contractors and subcontractors, coordinating responses with the
City's Purchasing Division, preparing spreadsheets or other documentation necessary to compile
and compare contractor responses, preparing a recommended bidder's list with a brief report
summarizing findings, assisting in representing the City in any subsequent hearings challenging
the validity of the results and any follow-up documentation resulting from said hearings. The
City Purchasing Division will verify Consultant's recommendation in order to finalize the
decision.
Additional Services
Additional Services include, but are not limited to, attendence at meetings, value engineering,
calculations and reimbursable expenses not included in the base fee.
Phase II -Construction Phase Services -Downtown Library
A. Turner Staff Services
General: Consultant shall be the point of contact for the project's contractor (Contractor), and
shall endeavor to enforce compliance with all of Contractor's contractual requirements, as
follows:
Daily Construction Management: Consultant shall oversee the day-to-day construction work
performed by the Contractor. Consultant shall track the construction process, logistics, Request
For Information (RFI), Change Order (CO) and other information or requests. Consultant shall
oversee the construction activities and ensure that all aspects of LEED ® construction
requirements are followed and documented and shall work closely with the project's
Commissioning Agent and design consultant, Group 4 Architecture (ARCHITECT), in that
regard. City shall approve Additional Services requests and other items that are part of the City's
contract with the ARCHITECT firm.
Consultant shall work with the Contractor and any involved parties to implement logistical and
communications measures to minimize any impacts to the nearby residential neighborhood, park,
fire station, and the various pre-school, elementary, middle, special needs, and charter schools on
that block. Consultant shall implement expeditious methods for resolving conflicts. Consultant
shall handle the coordination between the City staff, Contractor, and ARCHITECT.
If night time, holiday or weekend work is required periodically to minimize impacts or due to
delay in schedule, Consultant services shall still be required in full effect, but will be
compensated as additional services, for costs incurred. Consultant shall assume that the third
Monday in January (Martin Luther King Day), the second Monday in October (Columbus Day)
July 21, 2011 Page 5 of21
and November 11 (Veteran's Day) of each year shall be a working day for the contractor and for
the Consultant. December 24 (Christmas Eve) and the Friday following Thanksgiving Day (the
fourth Thursday in November) shall also be considered to be regular working days.
Consultant shall install, advertise, and maintain a hot-line for community updates, questions, and
complaints. Advertisement, equipment and other related costs shall be included in the
Reimbursables cost section below. Consultant shall liaison with City staff and assist Contractor
as-needed in the connection of a Contractor-installed video camera(s) that will be connected to a
website to monitor site progress.
Documentation: Consultant shall oversee and manage the Contractor's preparation and/or review
of all necessary documentation for the project including, but not limited to, daily logs and
inspection progress reports, photos/videos, RFI, correspondence, shop drawings, and other
contractor submittals. Consultant shall maintain all files and documentation related to managing
the project. Consultant shall track all RFI, correspondence, and submittal status. Responses,
approvals, and decisions relative to Contractor's documents shall be provided in a timely manner
and as required in the construction documents.
Consultant shall review and comment on any project-related correspondence as requested by the
City. Routine correspondence that is related to product information or minor design issues may
be prepared and answered by Consultant on its letterhead, with a copy of the response directed to
PM and ARCHITECT. Correspondence requiring City response, including but not limited to
correspondence with residents, cost or contractual issues, may be drafted by Consultant but shall
be signed only by City.
Submittals: Consultant shall manage, log and track all project submittals (i.e. shop drawings,
product information, substitution request, and samples) for approval in timely manner as required
by the construction documents and in order to prevent any delays to the project. Comments from
different reviewers of the submittal shall be compiled before being returned to the Contractor for
revisions. All submittals shall be sent directly between the Contractor and the Design team, with
copies, documentation and management reports submitted to and managed by the Consultant.
Construction Schedule: Consultant shall review the Contractor's construction schedule.
Consultant shall analyze, monitor, and request updates for the master schedule as the project
progresses. Consultant shall analyze the schedule for logical construction, constraints, level of
critical activities and to verify progress in conjunction with the analysis of pay applications.
Consultant shall review Contractors' individual Critical Path Method (CPM) schedules, monitor
the contractor's progress, notify the City of any slippage, and coordinate contractor recovery
plans.
Progress Payments: Consultant shall review progress payment requests submitted by Contractor,
within five (5) days of receipt and verify the accuracy and percentage of completion against the
schedule, and resolve any discrepancies in the invoices. Consultant shall review the invoices and
backup for completeness and compliance with contract documents and make a recommendation
to PM for payment of the progress payment requests.
Change Order Monitoring and Processing: Consultant shall review and evaluate all Contractor
extra work requests. Consultant shall review the contract documents to determine entitlement,
complete an independent estimate of the cost of the changes, and reconcile with the contractor's
change order request. Consultant shall prepare contract change order authorizations for City
July 21, 2011 Page 6 of21
approval and track all scope and schedule changes. Consultant shall also implement expeditious
methods for resolving conflicts.
Claims: Consultant shall analyze any claims from the contractors (i.e., compensation and delay)
as to whether they are excusable, inexcusable, or compensable and prepare a response for City.
Meetings: Throughout the construction process, Consultant shall be prepared to address
comments and concerns of the construction contractors, ARCHITECT, PM, the City Staff, and
the general public on an as-needed basis. Consultant shall set up and conduct weekly progress
meetings and any other meetings necessary to facilitate the project work. Consultant shall write
and distribute the meeting agendas, and meeting minutes, including: City-Consultant meetings,
regular site meetings, and meetings with the City staff, contractors, various City departments,
and also the public. The meeting minutes will explicitly track who has the responsibility for each
action item with expected completion dates.
Consultant shall coordinate the logistics related to a ground-breaking and to a ribbon-cutting
ceremony, including working with committees, identifying power sources, etc. Costs for
beverages, materials, photographs shall not be the responsibility of the Consultant.
Soils-related testing shall be under the Consultant's . contract. Physical oversight of the
geotechnical aspects of the construction project shall be contracted by the ARCHITECT firm.
Miscellaneous: Consultant shall monitor Contractor's compliance in general with the
construction documents and contract. Consultant shall address comments and concerns of the
contractors and the ARCHITECT as needed.
During construction, the Consultant's office space shall be provided, maintained and removed by
the Contractor, including offices, furniture and office equipment.
Quality Control and Assurance: Consultant shall monitor and document the Contractors' work
for any deviations in scope, schedule, or performance and keep the City informed of and assist
in resolving any issues that may arise.
Record Drawings: Consultant shall coordinate the preparation of record drawings with the
Contractors and ARCHITECT on a regular basis, both during the construction and post
construction phases, and review the drawings for "as-built" accuracy.
Training: Consultant shall set up and coordinate contractor-provided training of City staff as
required by the contract documents and as necessary to ensure that the appropriate City
personnel are adequately trained and familiar with the new equipment and systems.
Commissioning: Consultant shall work with the commissioning agent, design consultants, and
the Contractors to ensure that all new equipment have been installed in accordance with the
contract documents, are working properly as stand-alone equipment, and are working properly as
part of a complete system.
Substantial Completion: As per the construction contract, once the Contractor requests
substantial completion and it is determined to be warranted, Consultant shall prepare and
compile a project punch list with the assistance from the City and ARCHITECT to be forwarded
to the Contractor. Consultant shall oversee the completion of the punch list items before the final
notice of completion is issued.
July 21, 2011 Page 7 of21
As-Built drawings shall be scanned by Consultant for archiving by City.
Close Out: Consultant shall ensure completion and delivery of all required close out
documentations including operation and maintenance (O&M) manuals, record drawings, and
warranties. Consultant shall review all these materials for compliance with the contract
documents and for completeness, and report any deficiencies or discrepancies to Contractor for
corrections and re-submittal. Consultant shall work under the direction of the Project Manager to
resolve any contract claim issues that may arise (stop work notices, bonding, delays, extra work,
etc).
Files: Consultant shall consolidate and deliver all project files and documentation maintained to
be retained by the City
B. Testing Laboratories and Special Inspections:
Testing and Special Inspections: A testing agency shall be under contract with and paid for by
the Consultant. Consultant shall coordinate with the Contractor in scheduling the testing agency
services for materials testing and special inspections needed for the life of the project. This
testing includes, but is not limited to, collecting and running geotechnical tests, concrete strength
and weld inspection. Consultant shall ensure that all required sign-offs are reviewed and
distributed and are in compliance with the specifications and the California' Building Codes.
Geotechnical Engineering is included by the Architect, and is not included by the Consultant.
C. Electronic Documents:
Electronic Documents: Consultant shall provide electronic, fully addressable and cross
referenced electronic document filing system. It will be developed and used as the project filing
system during construction and will be updated with all closeout documentation, and cross
referenced for simple search and retrieve functionality for all project documentation for City's
use after construction. Consultant will provide Labor to input all documentation, and to train
City in the use and access to all electronic project files. Any monthly service fees shall be
included herein and not in Reimbursables.
D. Additional Services:
Additional Services: Include, but are not limited to, additional meetings, additional public
outreach, unforeseen testing or inspection needs.
E. Reimbursables:
Reimbursables: Travel and meal expenses shall not be Reimbursable items but shall be
considered as included in the fee for associated work items. Any temporary trailers, computers,
copiers, printers and office supplies are not considered as a Reimbursable expense, but will be
provided to the Consultant under the Contractor's Contract. City may, at its option, provide
working space and computer connection for Consultant. Printing of plans and specifications
shall be paid by City.
Consultant shall, at the direction of the Project Manager, install, advertise, and maintain a hot
line for community updates, questions, and complaints. Printing of flyers, presentation boards,
advertisement, equipment and other related outreach material costs shall considered a
Reimbursable expense, the cost for which shall be approved in writing in advance by the Project
July 21, 2011 Page 8 of21
Manager.
Phase III-Post Construction Services -Downtown
F. Post Construction Services
Post Construction and Warranty Services: Consultant shall meet with Library, Community
Services and Public Works staff (Staff) monthly for three months commencing after the building
is open to the public in order to complete any remaining punch-list items and/or to contact the
Contractor for any warranty issues that might arise. After the initial three month period,
Consultant shall contact the Staff quarterly for a period of nine months to determine whether any
new building or systems issues have been identified. Systems deficiencies that cannot be
resolved by the Contractor shall be reported to the Commissioning Agent.
Commissioning Verification: Consultant shall participate in the post-construction activities of the
Commissioning Agent as follows:
Participate in an off-season testing (Le., testing the heating system prior to winter) session and
work with the Contractor to correct any deficiencies.
Compile the final testing documentation for the Commissioning Record and O&M manuals.
Return to the site at month 10 of the 12 month warranty period and review operating conditions
with City facility staff and the Commissioning Agent in order to identify any outstanding issues
related to the original and seasonal commissioning. The Commissioning Agent will interview
facility staff and identify problems or concerns that they have with operating the building as
originally intended. The Commissioning Agent will make suggestions for improvements and for
recording these changes in the O&M manuals. The Commissioning Agent will identify areas
that may come under warranty or under the original construction contract. The Construction
Management Consultant shall work with the Contractor to resolve any warranty issues.
Mitchell Park Library and Community Center
Phase I -Design Phase
A. Preconstruction
Document and Constructability review
Consultant shall:
• become familiar with the project history, plans and specifications
• review plans, specifications and prepare cost estimates submitted for City review. Review by
Consultant shall be performed by engineers or contractors who have experience in relevant
fields. Review of documents shall be done at the current and 100% completion stage of Design
Development and at 60%, 95% and 100% of Construction Development.
• provide a constructability review for the project documents and make appropriate cost and/or
time-savings recommendations to the City.
• provide an independent opinion of probable construction cost.
• coordinate as-needed and directed with the ArchitectlEngineers (AE) firm, City staff, City
boards and commission members and community members.
• assist the City's Contracts Manager with the preparation of the "Instructions to Bidders" which
July 21, 2011 Page 9 of21
will define the scope of work that must be included in the bid packages and other related bid
documents needed to ensure a complete bid package. The AE will prepare technical
specifications.
• become familiar with the various City department functions and requirements for project
coordination.
Community Outreach
The Consultant shall collect information and prepare community, City Manager, oversight
committee, boards and commission and any other needed updates, presentations or reports not
provided by the AE.
The Consultant shall attend community meetings to update various civic orginazations (Kiwanas,
school groups, etc.) or community meetings on the project progress. Fee for this service shall be
included in 'Meetings'. Seven public meetings are currently scheduled from Sept 22,2009
through January 26, 2010, however, Consultant shall budget for up to five (5) additional public
meetings.
Contractor and Key Subcontractor Pregualification
Prior to the construction bid phase, the City shall prepare, with City of Palo Alto approval, and
advertise forms required for Contractor and key subcontractor Prequalification. Consultant shall
administer the feedback from same, including but not limited to: answering questions from
contractors and subcontractors, coordinating responses with the City's Purchasing Division,
preparing spreadsheets or other documentation necessary to compile and compare contractor
responses, prepare a recommended bidder's list with a brief report summarizing findings, assist
in representing the City in any subsequent hearings challenging the validity of the results, and
any follow-up documentation reSUlting from said hearings.
Bidding: Consultant shall organize and manage contractor participation. Consultant shall
review the contractor bids for compliance with the technical portions of the bid requirements as
set forth in the specifications and make a recommendation for award or rejection. Consultant
shall assist with the bid period work items including clarifications, and bid evaluation relative to
the contract documen!s. Consultant shall review the subcontractor list for completeness and
compliance with the bid documents. The City Purchasing Division will verify Consultant's
recommendation in order to finalize the decision.
Pre-bid Conference and Pre-construction Meeting: Consultant shall coordinate and facilitate the
Pre-bid Conference and Pre-construction Meeting including preparation of the agendas and
meeting minutes
Addenda: If changes to the construction documents are required during the bidding period,
Consultant shall prepare the addenda items with the assistance from the AE. The City will issue
the addenda.
Budget: Consultant shall work with the City to develop a construction budget format and
tracking system.
Hazardous Material Abatement: Hazardous materials may be removed from the existing
structures prior to their demolition (under City contract) or may be included as part of the
construction bid package. Consultant shall assume that the abatement will be done by City
contract and Consultant shall prepare, assist in the bidding of and coordinate the remediation
contract. A third party consultant shall be employed by the City to survey, test, develop and
July 21, 2011 Page 10 of21
implement removal procedures, monitor abatement and report.
Relocation of Existing Library Services
The Consultant shall provide CM Services to support the City of Palo Alto in relocating library
services to a temporary facility. It is estimated the move coordination for the Consultant wi11last
approximately 3 weeks.
Meetings: Throughout the design process, Consultant shall be prepared to address comments
and concerns of the contractors interested in bidding on the project, AE, City Staff, boards and
commissions and the general public on an as-needed basis.
Consultant shall schedule and conduct weekly progress meetings and any other meetings
necessary to facilitate the project work. City will provide the administrative support to provide a
meeting room and invite attendees. Consultant shall write and distribute the meeting agendas,
and meeting minutes, including: City-Consultant meetings, regular site meetings, and meetings
with the City staff, contractors, various City departments and also the public. The meeting
minutes will explicitly track who has the responsibility for each action item with expected
completion dates.
Additional Services
Additional Services include, but are not limited to, attendence at meetings, value engineering,
calculations and reimbursable expenses not included in the base fee.
Phase II -Construction Phase Services -MPLCC
A. Turner Staff Services
General: Consultant shall be the point of contact for the project's contractor (Contractor), and
shall endeavor to enforce compliance with all of Contractor's contractual requirements, as
follows:
Daily Construction Management: Consultant shall oversee the day-to-day construction work
performed by the Contractor. Consultant shall track the construction process, logistics, Request
For Information (RFI), Change Order (CO) and other information or requests. Consultant shall
oversee the construction activities and ensure that all aspects of LEED ® construction
requirements are followed and documented and shall work closely with the project's
Commissioning Agent and design consultant, Group 4 Architecture (ARCHITECT), in that
regard. City shall approve Additional Services requests and other items that are part of the City's
contract with the ARCHITECT firm.
Consultant shall work with the Contractor and any involved parties to implement logistical and
communications measures to minimize any impacts to the nearby residential neighborhood, park,
fire station, and the various pre-school, elementary, middle, special needs, and charter schools on
that block. Consultant shall implement expeditious methods for resolving conflicts. Consultant
shall handle the coordination between the City staff, Contractor, and ARCHITECT.
If night time, holiday or weekend work is required periodically to minimize impacts or due to
delay in schedule, Consultant services shall still be required in full effect, but will be
compensated as additional services, for costs incurred. Consultant shall assume that the third
July 21, 2011 Page 11 of21
Monday in January (Martin Luther King Day), the second Monday in October (Columbus Day)
and November 11 (Veteran's Day) of each year shall be a working day for the contractor and for
the Consultant. December 24 (Christmas Eve) and the Friday following Thanksgiving Day (the
fourth Thursday in November) shall also be considered to be regular working days.
Consultant shall install, advertise, and maintain a hot-line for community updates, questions, and
complaints. Advertisement, equipment and other related costs shall be included in the
Reimbursables cost section below. Consultant shall liaison with City staff and assist Contractor
as-needed in the connection of a Contractor-installed video camera(s) that will be connected to a
website to monitor site progress.
Field Inspection and Supervision: For Mitchell Park Library and Community Center, the
Consultant, whose title shall be CM Field Superintendent (CMFS), shall maintain a field
presence whenever work is under way by the Contractor. The role of the CMFS will be to
enforce the Contract daily in the field to ensure that the work is being constructed in compliance
with the contract documents, the approved shop drawings, the current RFI answers, etc, and in
general, 'to protect the interest of the City of Palo Alto daily in the field. The CMFS will also
observe and report daily field problems with respect to quality, cost and schedule. The CMFS
will develop and maintain deficiency, incomplete work item, and preliminary punch list reports
and will maintain a daily construction report, as the daily history of the project, to include
significant jobsite field events that occur each day. The CMFS will not be responsible for means
and methods of the general Contractor, nor for safety of any of the contractor's employees, but
will have the authority, but not the responsibility, to observe and report concerns with regard to
such issues.
Documentation: Consultant shall oversee and manage the Contractor's preparation and/or review
of all necessary documentation for the project including, but. not limited to, daily logs and
inspection progress reports, photos/videos, RFI, correspondence, shop drawings, and other
contractor submittals. Consultant shall maintain all files and documentation related to managing
the project. Consultant shall track all RFI, correspondence, and submittal status. Responses,
approvals, and decisions relative to Contractor's documents shall be provided in a timely manner
and as required in the construction documents.
Consultant shall review and comment on any project-related correspondence as requested by the
City. Routine correspondence that is related to product information or minor design issues may
be prepared and answered by Consultant on its letterhead, with a copy of the response directed to
PM and ARCHITECT. Correspondence requiring City response, including but not limited to
correspondence with residents, cost or contractual issues, may be drafted by Consultant but shall
be signed only by City. .
Submittals: Consultant shall manage, log and track all project submittals (i.e. shop drawings,
product information, substitution request, and samples) for approval in timely manner as required
by the construction documents and in order to prevent any delays to the project. Comments from
different reviewers of the submittal shall be compiled before being returned to the Contractor for
revisions. All submittals shall be sent directly between the Contractor and the Design team, with
copies, documentation and management reports submitted to and managed by the Consultant.
Construction Schedule: Consultant shall review the Contractor's construction schedule.
Consultant shall analyze, monitor, and request updates for the master schedule as the project
progresses. Consultant shall analyze the schedule for logical construction, constraints, level of
July 21, 2011 Page 12 of21
critical activities and to verify progress in conjunction with the analysis of pay applications.
Consultant shall review Contractors' individual Critical Path Method (CPM) schedules, monitor
the contractor's progress, notify the City of any slippage, and coordinate contractor recovery
plans. .
Progress Payments: Consultant shall review progress payment requests submitted by Contractor,
within five (5) days of receipt and verify the accuracy and percentage of completion against the
schedule, and resolve any discrepancies in the invoices. Consultant shall review the invoices and
backup for completeness and compliance with contract documents and make a recommendation
to PM for payment of the progress payment requests.
Change Order Monitoring and Processing: Consultant shall review and evaluate all Contractor
extra work requests. Consultant shall review the contract documents to determine entitlement,
complete an independent estimate of the cost of the changes, and reconcile with the contractor's
change order request. Consultant shall prepare contract change order authorizations for City
approval and track all scope and schedule changes. Consultant shall also implement expeditious
methods for resolving conflicts.
Claims: Consultant shall analyze any claims from the contractors (Le., compensation and delay)
as to whether they are excusable, inexcusable, or compensable and prepare a response for City.
Meetings: Throughout the construction process, Consultant shall be prepared to address
comments and concerns of the construction contractors, ARCHITECT, PM, the City Staff, and
the general public on an as-needed basis. Consultant shall set up and conduct weekly progress
meetings and any other meetings necessary to facilitate the project work. Consultant shall write
and distribute the meeting agendas, and meeting minutes, including: City-Consultant meetings,
regular site meetings, and meetings with the City staff, contractors, various City departments,
and also the public. The meeting minutes will explicitly track who has the responsibility for each
action item with expected completion dates.
Consultant shall coordinate the logistics related to a ground-breaking and to a ribbon-cutting
ceremony, including working with committees, identifying power sources, etc. Costs for
beverages, materials, photographs shall not be the responsibility of the Consultant.
Consultant shall, at the direction of the Project Manager, install, advertise, and maintain a hot
line for community updates, questions, and complaints. Printing of flyers, presentation boards,
advertisement, equipment and other related outreach material costs shall considered a
Reimbursable expense, the cost for which shall be approved in writing in advance by the Project
Manager.
Miscellaneous: Consultant shall monitor Contractor's compliance in general with the
construction documents and contract. Consultant shall address comments and concerns of the
contractors and the ARCHITECT as needed.
During construction, the Consultant's office space shall be provided, maintained and removed by
the Contractor, including offices, furniture and office equipment.
Ouality Control and Assurance: Consultant shall monitor and document the Contractors' work
for any deviations in scope, schedule, or performance and keep the City informed of and assist in
resolving any issues that may arise.
July 21, 2011 Page 13 of21
Record Drawings: Consultant shall coordinate the preparation of record drawings with the
Contractors and ARCHITECT on a regular basis, both during the construction and post
construction phases, and review the drawings for "as-built" accuracy.
Training: Consultant shall set up and coordinate contractor-provided training of City staff as
required by'the contract documents and as necessary to ensure that the appropriate City
personnel are adequately trained and familiar with the new equipment and systems.
Commissioning: Consultant shall work with the commissioning agent, design consultants, and
the Contractors to ensure that all new equipment have been installed in accordance with the
contract documents, are working properly as stand-alone equipment, and are working properly as
part of a complete system.
Substantial Completion: As per the construction contract, once the Contractor requests
substantial completion and it is determined to be warranted, Consultant shall prepare and
compile a project punch list with the assistance from the City and ARCHITECT to be forwarded
to the Contractor. Consultant shall oversee the completion of the punch list items before the final
notice of completion is issued.
Close Out: Consultant shall ensure completion and delivery of all required close out
documentations including operation and maintenance (O&M) manuals, record drawings, and
warranties. Consultant shall review all these materials for compliance with the contract
documents and for completeness, and report any deficiencies or discrepancies to Contractor for
corrections and re-submittal. Consultant shall work under the direction of the Project Manager to
resolve any contract claim issues that may arise (stop work notices, bonding, delays, extra work,
etc). As-Built drawings shall be scanned by Consultant for archiving by City.
Files: Consultant shall consolidate and deliver all project files and documentation maintained to
be retained by the City.
Additional Services: Include, but are not limited to, additional meetings, additional public
outreach, unforeseen testing or inspection needs.
Reimbursables: Travel and meal expenses shall not be Reimbursable items but shall be
considered as included in the fee for associated work items. Temporary trailers, computers,
copiers, printers and office supplies are not considered as a Reimbursable expense, but will be
provided to the Consultant under the Contractor's Contract. Printing of plans and specifications
shall be paid by City. Printing of flyers, presentation boards, telephone hotlines and other
communication materials needed to fulfill outreach as described herein shall be budgeted for
and provided as a Reimbursable item by Consultant. Job site safety fencing is a reimbursable
expense.
B. Testing and Special Inspections
Testing and Special Inspections: A testing agency shall be under contract with and paid for by
the Consultant. Consultant shall coordinate with the Contractor in scheduling the testing agency
services for materials testing and special inspections needed for the life of the project. This
testing includes, but is not limited to, collecting and running geotechnical tests, concrete strength
and weld inspection. Consultant shall ensure that all required sign-offs are reviewed and
July 21, 2011 Page 14 of21
distributed and are in compliance with the specifications and· the California Building Codes.
Geotechnical In~pections are included by the Architect, and are not included by the Consultant.
Building Code Inspection Services -Mitchell Park Library and Community Center: Consultant
shall provide all building code inspection services for construction phases for the Mitchell Park
Library and Community Center. Inspectors shall have a minimum of 5 years of experience as
inspectors and be certified by the International Code Council (ICC) or International Building
Code Officials (IBC) as inspectors. The City reserves the right to review the qualifications of the
inspectors, approve their working on the project, and to request a change of inspectors at any
time.
Soils-related testing shall be under the Consultant's contract. Physical oversight of the
geotechnical aspects of the construction project shall be contracted by the ARCHITECT firm.
C. -Electronic Documentation and Photograph Recording
Electronic Documents: Consultant shall provide electronic, fully addressable and cross
referenced electronic document filing system. It will be developed and used as the project filing
system during construction and will be updated with all closeout documentation, and cross
referenced for simple search and retrieve functionality for all project documentation for City's
use after construction. Consultant will provide Labor to input all documentation, and to train
City in the use and access to all electronic project files. Any monthly service fees shall be
included herein and not in Reimbursables.
Project Documentation -Photographic Record: Based upon a build period of twenty three (23)
months, provide a photographic pre-construction site-survey of existing conditions; twenty three
(23) maximum exterior progressions; interior progressions; six (6) maximum interior
mechanical, electrical and plumbing; pre-concrete slab pour; exterior elevation, including
window-flashing and waterproofing; three (3) maximum roofing exact built showing the roof at
various stages of the project; and finished condition prior to occupancy.
All documentation shall include consultations with City identifying project-specific needs,
appropriate photographic intervals, schedules, determination of optimal locations based on the
site plans, a representative number of digital photographs at such intervals and for such durations
and at the specified milestones; linking each photo set to the appropriate location on the site
plans and floor plans; online web hosting of the documentation on the Multivista website for the
construction period covered by the documentation and for a minimum period of I-year
thereafter; password protected access to the documentation and two CD or DVD ROM copies of
the entire documentation upon completion.
D -Extended Construction Duration
Provide Construction Phase services for extended construction duration, if not caused by the
CONSULTANT. Services in this category are to be provided and compensated only with the
approval of the CITY Project Manager. Schedule C includes 30 working days of extended
duration.
Phase III: Post Construction Services
A -Turner Staff Services:
July 21, 2011 Page 15 of21
Post Construction and Warranty Services: Consultant shall meet with Library, Community
Services and Public Works staff (Staff) monthly for three months commencing after the building
is open to the public in order to complete any remaining punch-list items and/or to contact the
Contractor for any warranty issues that might arise. After the initial three month period,
Consultant shall contact the Staff quarterly for a period of nine months to determine whether any
new building or systems issues have been identified. Systems deficiencies that cannot be
resolved by the Contractor shall be reported to the Commissioning Agent.
Commissioning Verification: Consultant shall participate in the post-construction activities of the
Commissioning Agent as follows:
Participate in an off-season testing (i.e., testing the heating system prior to winter) session and
work with the Contractor to correct any deficiencies.
Compile the final testing documentation for the Commissioning Record and O&M manuals.
12 Month Warranty Follow Up: Return to the site at month 10 of the 12 month warranty period
and review operating conditions with City facility staff and the Commissioning Agent in order to
identify any outstanding issues related to the original and seasonal commissioning. The
Commissioning Agent will interview facility staff and identify problems or concerns that they
have with operating the building as originally intended. The Commissioning Agent will make
suggestions for improvements and for recording these changes in the O&M manuals. The
Commissioning Agent will identify areas that may come under warranty or under the original
construction contract. The Construction Management Consultant shall work with the Contractor
to resolve any warranty issues.
MAIN LIBRARY
Phase I -Design Phase -Main Library
A.l -Turner Staff Services for Temporary Library (Conceptual Design Phase Only)
The ARCHITECT will research a location for a temporary Main Library site for use during the
construction of the Main Library renovation and expansion. The temporary Main Library would
consist of a space approximately 8,000 to 10,000 square feet. The ARCHITECT will develop
schematic electrical and mechanical plans, floor plans, signage landscaping and cost estimates
for said facility.
The Consultant shall participate and assist in the selection of a temporary Main Library site,
review and comment on designs prepared by ARCHITECT and prepare independent
construction cost estimates. Consultant shall attend meetings with staff and ARCHITECT,
which include two (2) technical meetings and three (3) project management team meetings. Fee
for these meetings shall be included in the cost for the Temporary Main Library item.
Detailed design on any temporary library will not proceed until Council reviews and approves
the cost, size, location and other information related to the temporary library. If Council
approves completing the design of a temporary library, a scope and fee will be negotiated with
Consultant for services related to oversight of the design phase.
A.2 -Turner Staff Services for permanent Main Library
July 21, 2011 Page 16 of21
Design of the Main Library expansion and renovation is anticipated to begin in mid to late 2010
or early 2011
Consultant shall provide three (3) construction cost estimates: One at 100% Schematic Design,
one at 100% Design Development and one at 50% Construction Documents.
Consultant shall perform constructability and design document review at the Design
Development Phase
Consultant shall develop and grade pre-qualification forms, attend any protest hearings and
defend findings .
. Consultant shall review overall project schedule and budget development and update same.
Contractor Prequalification
Prior to the construction bid phase, the Consultant shall prepare,and obtain approval from the
City of Palo Alto, to advertise forms required for Contractor Prequalification. Consultant shall
administer the feedback from same, including but not limited to: answering questions from
contractors and subcontractors, coordinating responses with the City's Purchasing Division,
preparing spreadsheets or other documentation necessary to compile and compare contractor
responses, preparing a recommended bidder's list with a brief report summarizing findings,
assisting in representing the City in any subsequent hearings challenging the validity of the
results and any follow-up documentation resulting from said hearings. The City Purchasing
Division will verify Consultant's recommendation in order to finalize the decision.
Additional Services
Additional Services include, but are not limited to, attendence at meetings, value engineering,
calculations and reimbursable expenses not included in the base fee.
Phase II -Construction Phase Services (Potential Future Phase) -Main Library
Services and Fee for Construction Administration services may, at the City's sole discretion, be
negotiated prior to the start of construction for the Main Library.
July 21, 2011 Page 17 of21
EXHIBIT "C" (page 1 of 3)
COMPENSATION
The CITY agrees to compensate the CONSULTANT for professional services performed in accordance
with the terms and conditions of this Agreement, and as set forth in the budget schedule below.
Compensation shall be calculated based on the hourly rate schedule attached as exhibit C-l up to the not
to exceed budget amount for each task set forth below.
For Subconsultants, such as Inspections, special inspections, electronic document services, and
photographic documentation services, the CITY agrees to compensate the CONSULTANT for services
performed in accordance with the terms and conditions of this Agreement, and as set forth in the budget
schedule below. Compensation shall be calculated based on the actual cost of the sub consultant, plus a
fee of 5%, up to the not to exceed budget amount for each task set forth below.
The compensation to be paid to CONSULTANT under this Agreement for all services described in
Exhjbit "A" ("Basic Services") and reimbursable expenses shall not exceed $3,254,337,00 ..
CONSULTANT agrees to complete all Basic Services, including reimbursable expenses, within this
amount. In the event CITY authorizes any Additional Services, the maximum compensation shall not
exceed $3,783,745.00. Any work performed or expenses incurred for which payment would result in a
t6talexceediiigthe lllaxil11umamourifbf compensation set forth herein shall beat no cost to the CITY.
CONSULTANT shall perform the tasks and categories of work as outlined and budgeted below. The
CITY's project manager may approve in writing the transfer of budget amounts between any of the tasks
or categories listed below provided the total compensation for Basic Services, including reimbursable
expenses, does not exceed $3,254,337.00 and the total compensation for Additional Services does not
exceed $529,408.00 .
July 21, 2011 Page 19 of21
EXHIBIT "C" (page 2 of 3)
COMPENSATION
DESCRIPTION: NOT TO EXCEED AMOUNT
BASIC SERVICES
Downtown Library Phase I -Design Phase
A Pre-construction Phase
Downtown Library Phase II -Construction Phase
A Turner Staff Services
B Testing and Special Inspections
C Electronic Documents
Downtown Library Phase III Post Construction & Warranty Phase
F Turner Staff Services
TOTAL DOWNTOWN LIBRARY BASIC SERVICES
Mitchell Park Phase I Design Phase
A Preconstruction
Mitchell Park Phase II Construction Phase
A Turner Staff Services
B Testing and Special Inspections
C Electronic Documents & Photo Recording
D Extended Construction Duration
Mitchell Park Phase III Post-Construction Phase
A Turner Staff Services
TOTAL MITCHELL PARK BASIC SERVICES
Main Library Phase I
$17,545
$345,000
$12,000
$20,000
$10,000
$404,545
$107,292
$1,835,000
$445,000
$135,000
$115,000
$45,000
$2,682,292
. (Design Phase for Main Library & Concept Design Phase for Temporary Main
Library)
A.l
A.2
Turner Staff Services -Temporary Library for Main
Turner Staff Services -Permanent Main Library
TOTAL MAIN LIBRARY BASIC SERVICES (Design Phase Only)
ALLOWANCE FOR REIMBURSABLE EXPENSES
DT Library (not to exceed)
MP Library (not to exceed)
Main Library
Total Allowance for Reimbursables
TOTAL BASIC SERVICES (including Allowance for Reimbursables
July 21, 2011
$15,000
$90,500
$105,500
$5,000
$55,000
$2,000
$62,000
$3,254,337
Page 20 of21
EXHIBIT "C" (Page 3 of 3)
COMPENSATION
DESCRIPTION: NOT TO EXCEED AMOUNT
ADJ>ITIONAIJ SERVICES:
ALLOWANCE FOR ADDITIONAL SERVICES-Not to Exceed
DTLibrary
MPLCC
Main Library
TOTAL ALLOWANCE FOR ADDITIONAL SERVICES
TOTAL NOT TO EXCEED COMPENSATION
REIMBURSABLE EXPENSES
$42,632
$476,026
$10,750
$529,408
$ 3.783.745
The administrative, overhead, secretarial time or secretarial overtime, word processing, photocopying,
in-house printing, insurance and other ordinary business expenses are included within the scope of
payment for services and are not reimbursable expenses.
ADDITIONAL SERVICES
The CONSULTANT shall provide additional services only by advanced, written authorization from the
CITY. The CONSULTANT, at the CITY's project manager's request, shall submit a detailed written
proposal including a description of the scope of services, schedule, level of effort, and
CONSULTANT's proposed maximum compensation, including reimbursable expense, for such services
based on the rates set forth in Exhibit C-1. The additional services scope, schedule and maximum
compensation shall be negotiated and agreed to in writing by the CITY's project manager and
CONSULTANT prior to commencement of the services. Payment for additional services is subject to all
requirements and restrictions in this Agreement.
July 21, 2011 Page 21 of21
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AMENDMENT NO. 5 TO CONTRACT NO. C09130744
BETWEEN THE CITY OF PALO ALTO AND
GROUP 4 ARCHITECTURE, RESEARCH + PLANNING INC.
This Amendment No. 5 to Contract No. C09130744 (“Contract”) is entered into on
___ of September, 2011, by and between the CITY OF PALO ALTO, a charter city and a municipal
corporation of the State of California (“CITY”), and Group 4 Architecture, Research + Planning
Inc., a California corporation, located at 211 Linden Avenue, South San Francisco, CA 94080
(“CONTRACTOR”).
R E C I T A L S:
WHEREAS, the Contract was entered into between the parties for the provision of
design services forthe Mitchell Park Library and community center, rehabilitation of the Downtown
Library, Main Libraries, and Community Center, and provide temporary facilities during the
construction of the other projects; and
WHEREAS, the parties wish to amend the Contract to add funding for additional
services;
NOW, THEREFORE, in consideration of the covenants, terms, conditions, and
provisions of this Amendment, the parties agree:
Section 1. Section 4 of the Contract,. Not to exceed compensation. is hereby amended
to read as follows:
“The compensation to be paid to CONSULTANT for performance of the Services described in
Exhibit “A”, including both payment for professional services and reimbursable expenses, shall not
exceed Seven Million Six Thousand One hundred Eighty-Nine Dollars ($7,006,189). In the event
Additional Services are authorized, the total compensation for services and reimbursable expenses
shall not exceed same ($7,902,421). The applicable rates and schedule of payment are set out in
Exhibit “C-1”, entitled “HOURLY RATE SCHEDULE,” which is attached to and made a part of
this Agreement.”
Section 2. The following exhibits to the Contract are hereby amended to read as set forth in the
attachments to this Amendment, which are incorporated in full by this reference:
a. Exhibit “A” entitled “Scope of Work Mitchell Park Library/Community Center,
Renovation of the Downtown Library, Renovation and Addition to the Main Library &
Temporary Library Design Services”.
b. Exhibit “B” entitled “EXHIBIT “B” SCHEDULE OF PERFORMANCE”.
c. Exhibit “C” entitled “EXHIBIT “C” COMPENSATION”.
Except as herein modified, all other provisions of the Contract, including any exhibits
and subsequent amendments thereto, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have by their duly authorized representatives
executed this Amendment on the date first above written.
APPROVED:
City Manager
APPROVED AS TO FORM:
Senior Asst. City Attorney
Attachments:
EXHIBIT "A":
EXHIBIT "8":
EXHIBIT "C":
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SCOPE OF SERVICES
PROJECT SCHEDULE
COMPENSA nON
GROUP 4 ARCHITECTURE, RESEARCH +
PLANNING INC.
BY :-+~IJflL:..J6j~~L-__
]>AVI.D (Yl, 5Tf.1 VIC'£' Pf?£.>J1JCAlr f.
FOre. -r/<VrJU~~ Name: Dawn Merkes
Title: President
2
CITY OF PALO ALTO CONTRACT NO. C09130744 – AMENDMENT FIVE
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Scope of Work
Mitchell Park Library/Community Center,
Renovation of the Downtown Library, Renovation and Addition to the
Main Library & Temporary Library Design Services
I. INTRODUCTION AND GENERAL INFORMATION
1.0 GENERAL INFORMATION
1.1 The “Palo Alto Libraries Schematic Design Report” and drawings, dated May
2008, were prepared by Group 4 Architecture, Research + Planning Inc.
(CONSULTANT) for the City of Palo Alto (CITY). These reports include the
schematic design documents for three libraries in Palo Alto: the renovation
of the Downtown Library, the renovation and addition to the Main Library and
the design for the new Mitchell Park Library/Community Center. The building
programs for these projects are documented in an earlier Conceptual Design
Report also prepared by Group 4 and dated October 2007. The scope of
work included in this contract is for preparation of construction documents
for the renovation, construction administration, record documents and
project closeout for the Downtown Library; the preparation of construction
documents, bidding and award, construction administration, record
documents and project closeout for the new Mitchell Park
Library/Community Center; construction documents for the renovation and
construction administration for the Mitchell Park Library Temporary Library
Facilities, ; the preparation of construction documents, bidding and award,
for the renovation and addition to the Main Library and the preparation of the
site analysis and preliminary design for the Temporary Main Library, this
work is based on the approved designs for these projects documented in the
aforementioned reports.
1.2 The CONSULTANT’s Basic Services shall include:
1.2.1 For the new Mitchell Park Library/Community Center preparation of
Design Development Documents, Construction Documents,
assistance with Bidding and Award, Construction Administration
and Project Closeout Services..
1.2.2 For the renovation of the Downtown Library programming,
budgeting, space planning, Construction Documents, assistance
with Bidding and Award, Construction Administration and Record
Documents and Project Closeout Services.
1.2.3 For the renovation of the Cubberley Auditorium into the Mitchell
Park Temporary Library Construction Documents and Construction
Administration Services.
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1.2.4 For the renovation and addition to the Main Library - preparation of
Design Development Documents, Construction Documents, and
assistance with Bidding and Award.
1.2.5 For the Temporary Main Library Site Analysis and Preliminary
Design.
1.3 Participation for the projects shall include presentations and meetings as
directed by the CITY to the CITY’s Council, Boards and Commissions at
appropriate phases in the projects to solicit feedback and comments on the
progress of the design(s).
1.4 In selecting the CONSULTANT, the CITY recognizes that the
CONSULTANT has qualifications to provide additional planning,
architecture, and interior design services including construction phase
services specifically related to the renovation and addition of the Main
Library and the design documentation for the Temporary Main Library. The
CITY, at its discretion, may choose to amend this contract to add these
services to the CONSULTANT’s Scope of Services for Additional
Compensation if mutually agreed to by the CITY and the CONSULTANT.
2.0 THE PROJECT
2.1 The project includes the new Mitchell Park Library/Community center, the
Downtown Library renovation, the Temporary Mitchell Park Library and
Library Technical Services Facility, the Main Library renovation and new
addition and the site analysis and preliminary design for the Temporary Main
Library (collectively, the “Project”).
2.2 The new Mitchell Park Library/Community Center (the “Mitchell Park
Project”) is located at 3800 Middlefield Road at the site of the existing
Mitchell Park Library and Community Center buildings. The new joint use
facility will include a separate 36,254 sf library and a 16,291 sf community
center, new parking lots, the realignment of Mayfair Avenue, and associated
signal work, and site work. The Mitchell Park Project shall be designed to
meet the standards for LEED Gold certification by the US Green Building
Council (USGBC).
2.3 The Downtown Library is located at 270 Forest Avenue in downtown Palo
Alto. The 9000 square foot building was constructed in 1971. The CITY’s
LSMAR and Group 4’s space study recommendations for this branch include
a major interior renovation of the building, including its architecture,
structure, electrical (power, lighting, data) and mechanical systems. The
Downtown Library Project shall be designed to meet the standards for LEED
certification by the US Green Building Council (USGBC).
2.4 The Temporary Mitchell Park Library and Technical Services facility is
CITY OF PALO ALTO CONTRACT NO. C09130744 – AMENDMENT FIVE
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located at the Cubberley Community Center at 4000 Middlefield Road in the
existing Auditorium Building.
2.5 The Main Library is located at 1213 Newell Road in Palo Alto. The original
building was designed by Edward Durell Stone and constructed in 1956,
then in 1982-84 the building was renovated and a 2,200 square foot addition
completed. The project includes the renovation of the existing building
structure, mechanical, electrical and interior finishes as well as additions to
accommodate a new program room, group study rooms and new public
restrooms. The new additions will add approximately 4,200 square feet.
The existing Main Library is 21,313 square feet on grade with a 5,000
square foot basement. The Main Library Project shall be designed to meet
the standards for LEED certification by the US Green Building Council
(USGBC).
2.5.1 In addition to the work described above, the following deferred
maintenance items shall be included in the Construction
Documents phase of the project:
2.5.1.1 Replace or the existing wood shake roof
2.5.1.2 Replace or provide new site pedestrian paving and site
landscaping
2.5.1.3 Replace the existing fire sprinkler system
2.5.1.4 Replace the existing exterior plywood walls at the staff
area
2.5.1.5 Replace basement sump pumps
2.5.1.6 Upgrade stormwater treatment system
2.5.1.7 Upgrade parking lot lighting
2.5.1.8 Provide for separate access to the Teen room
conference area
2.5.1.9 Outfit the library to function as a broadcast center for the
local television station.
2.5.1.10 Develop concepts to analyze the integration of the Art
Center and Main Library sites and prepare design
documents and cost estimates for the parking lots,
pedestrian plaza and landscaping to the south and south
east of the library (between the library, Art Center and
Community Gardens).
CITY OF PALO ALTO CONTRACT NO. C09130744 – AMENDMENT FIVE
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2.6 The Temporary Main Library will be located at a site yet to be determined by
the CITY. The work includes site selection services, facility and site option
analysis, building programming; budgeting and schematic design.
3.0 CITY DUTIES
3.1 During the term of CONSULTANT’s professional services under this
AGREEMENT the following items will be the responsibilities of the CITY:
3.1.1 The CITY’s Project Manager or authorized designee shall manage
the CONSULTANT’s performance under the Agreement.
CONSULTANT shall receive final direction only from the Project
Manager or his or her authorized designee. The Project Manager
shall resolve any conflicting direction from other groups,
departments or agencies.
3.1.2 The CITY shall provide evaluation, mitigation design and
administration of work for hazardous materials at each site and in
the existing building.
3.1.3 The CITY shall provide reviews and comment on what may be
necessary to complete design milestones, and/or approve
completion of design milestones and cost estimates. At the
completion of each phase, the CITY shall provide written
authorization to the CONSULTANT to proceed to the next phase.
Said written authorization shall require the signature(s) of the
CITY's Project Manager or his/her authorized designee.
3.1.4 CITY shall provide record drawings of existing project facilities
(when available).
3.1.5 CITY shall provide all applicable building permits.
3.1.6 CITY shall provide Division 0 and 1 specifications (front-end), in
Microsoft Word format to CONSULTANT for review and comment.
3.1.7 CITY shall print and provide construction contractors with copies of
bid documents (Plans and Specifications).
3.1.8 CITY shall advertise and award construction contracts.
3.1.9 CITY shall manage the construction of the Project and provide
building code and quality control inspections.
3.1.10 The CITY shall oversee and manage the artist selection process,
CITY and artist agreements, artwork approvals, budgets and
schedule, coordination of artwork with the building design, and
artwork installation.
CITY OF PALO ALTO CONTRACT NO. C09130744 – AMENDMENT FIVE
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3.1.11 The CITY may prequalify general contractors and key
subcontractors and limit bidding to only those firms that have been
deemed by the CITY to be qualified. CITY shall actively market the
project to general contractors and major trades to increase
likelihood of receiving competitive bids.
3.1.12 The CITY shall manage all construction and procurement contracts
related to the overall project and shall oversee and coordinate
each of the budgets. Within the overall project budget the CITY
shall determine with input from the CONSULTANT the specific
budgets for each of the procurement contracts including, but not
limited to:
Site development
Site preparation
Building and garage construction
Furniture procurement, including multiple contracts for custom,
general, systems and miscellaneous furniture
Construction management services
Public art
Moving
Publicity
Computer systems
Telecommunication systems.
3.1.13 CITY shall identify, select and procure all equipment such as copy
machines, vending machines, miscellaneous office equipment, etc.
that is not included in the technology package.
4.0 CONSULTANT’S DUTIES
The CONSULTANT shall keep the Project Manager updated on the status of the
Project including but not limited to reviewing the Project schedule and budget,
suggesting changes and identifying significant milestones and duration of major
tasks needed to complete the work in its entirety, including work components not
identified in the CONSULTANT’s scope of services. The CONSULTANT shall
periodically update the Project Manager on the validity and responsiveness of the
information furnished by the CONSULTANT and its various subconsultants under
this agreement, including the schedule requirements and the budget for the cost of
the Project. The CONSULTANT shall periodically review such information and
advise the Project Manager of any additional or updated information that may be
required.
II. CONSULTANT’S BASIC SERVICES The CONSULTANT’s scope of basic services for the
CITY OF PALO ALTO CONTRACT NO. C09130744 – AMENDMENT FIVE
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Project is divided into six parts: Basic Services for the Mitchell Park Project; Basic Services
for the Downtown Library Project; Basic Services for the Temporary Mitchell Park Library
Project, Basic Services for the Main Library; Basic Services for the Temporary Main Library
and Participation Services
1.0 MITCHELL PARK PROJECT
1.1 GENERAL
1.1.1 The CONSULTANT’s Basic Services for the New Mitchell Park
Library/Community Center (“Mitchell Park Project”) consist of five
Tasks: Task D1 Design Development; Task E1 Construction
Documents; Task F1 Bidding and Award; Task G1 Construction
Administration and Task H1 Record Documents and Project
Closeout.
1.1.2 The CONSULTANT’s Basic Services include the services of a civil
engineer, structural engineer, mechanical engineer, electrical
engineer/lighting designer, landscape architect, cost consultant,
audio visual/acoustical engineer, energy analysis engineer,
commissioning agent, and library programmer.
1.1.3 The CITY intends that the Mitchell Park Project shall be designed
to meet the standards for LEED Gold or higher certification by the
USGBC.
1.1.3.1 CONSULTANT shall design the Mitchell Park Project
to meet the requirements for LEED V2.2 certification at
the Gold or higher level.
1.1.3.2 CONSULTANT shall provide LEED project
management services needed for the CITY to obtain
LEED certification of the Mitchell Park Project, develop
specifications consistent with LEED and the CITY’s
policies, and provide the templates, documentation,
calculations, and energy modeling studies necessary to
obtain LEED certification.
1.1.3.3 CONSULTANT shall include a LEED accredited
professional on the design team to support Project
Sustainable Building/ Green Building design criteria as
required to achieve LEED certification.
1.1.3.4 CONSULTANT shall include in the construction
documents appropriate provisions requiring the
CITY OF PALO ALTO CONTRACT NO. C09130744 – AMENDMENT FIVE
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contractor to meet the requirements for CITY’s submittal
to USGBC for LEED Gold certification.
1.2 TASK D1: MITCHELL PARK PROJECT DESIGN DEVELOPMENT
1.2.1 CONSULTANT shall coordinate and manage its subconsultants
throughout the Design Development phase and coordinate with the
Project Manager or authorized designee, key departments,
including but not limited to CITY’s Building, Public Works, and
Engineering staff.
1.2.2 CONSULTANT shall prepare, refine and update project design
schedule which identifies all major tasks, key milestones, key
meetings, submittal dates and review periods for the CITY’s review
and comment. CONSULTANT shall provide updated design
schedule at the beginning of each project phase.
1.2.3 CONSULTANT shall prepare Design Development documents
based on refinement and further development of the approved
schematic design, including preliminary furniture layouts, built-in
fixtures, and equipment selections.
1.2.4 CONSULTANT shall refine design development plans based on
comments received from the CITY’s review of the 100% SD and
50% DD submittal.
1.2.5 CONSULTANT shall prepare estimates of probable construction
cost for review by CITY in association with the 50% and the 100%
Design Development submittals.
1.2.6 CONSULTANT shall have the Mitchell Park Project’s LEED
commissioning agent review the design, back-check review
comments, and develop a commissioning plan, specifications, and
checklists.
1.2.7 CONSULTANT shall meet with the CITY to review the estimate of
probable construction cost and to confirm that the design is still
within the CITY’s approved construction budget. Should the design
not be within the budget, CONSULTANT shall revise the design as
directed by the Project Manager or her authorized designee at no
additional fee to bring the design within the approved budget.
1.2.8 CONSULTANT shall provide all other normal and customary
services related to Design Development that the CONSULTANT,
the Project Manager or her authorized designee finds necessary or
that will lead toward the timely delivery of other phases of work in
this Agreement.
CITY OF PALO ALTO CONTRACT NO. C09130744 – AMENDMENT FIVE
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1.2.9 Meetings
1.2.9.1 CONSULTANT shall attend and coordinate up to
seven (7) PMT meetings, two (2) Technical-Planning
meetings, two (2) Technical-Library Meetings, two (2)
Technical Building Department meetings, two (2) Artist
Coordination meetings, one (1) Technical-Technology
meeting, one (1) Technical-Traffic meeting, one (1)
Integrated Design Workshop, and other technical
meetings as reasonably required for the Mitchell Park
Project.
1.2.9.2 CONSULTANT shall coordinate meetings with
reviewing agencies as required.
1.2.9.3 CONSULTANT shall attend up to two meetings with
the Palo Alto Arts Commission and/or other public art
committee for coordination of an arts program.
1.2.10 Deliverables
1.2.10.1 CONSULTANT shall submit document packages at
the 50% and 100% completion of Design Development
for review by the CITY. Design Development packages
shall illustrate and describe the refinement of the design
of the Mitchell Park Project, establishing its scope,
relationships, forms, size and appearance.
1.2.10.2 Site plans and floor plans for all major disciplines.
1.2.10.3 Preliminary furniture layout plan.
1.2.10.4 Preliminary finish, materials and equipment
schedules.
1.2.10.5 Outline specifications shall identify the major
materials and systems and shall establish their general
quality levels. Specifications shall be consistent with the
Construction Specifications Institute (CSI) format, the
version of which shall be determined by CONSULTANT.
1.2.10.6 Engineering documents shall include single line
diagrams describing structural, mechanical, plumbing,
and electrical systems.
1.2.10.7 Principal interior and exterior elevations showing
preliminary locations of all electrical and mechanical
CITY OF PALO ALTO CONTRACT NO. C09130744 – AMENDMENT FIVE
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controls, telecommunications, security, as well as life-
safety devices for coordination with furniture layout.
1.2.10.8 Estimates of probable construction cost associated
with the 50% and 100% Design Development submittals.
1.3 TASK E1: MITCHELL PARK PROJECT CONSTRUCTION DOCUMENTS
1.3.1 CONSULTANT shall coordinate and manage its subconsultants
throughout the Construction Documents phase.
1.3.2 Upon written notice to proceed by the CITY, CONSULTANT shall
refine and further develop the approved Design Development
package based upon the CITY’s comments and the constructability
review comments on the 100% Design Development package.
1.3.3 CONSULTANT shall prepare and submit a 60% Construction
Documents package to the CITY.
1.3.4 CONSULTANT shall prepare an estimate of probable construction
cost for review by CITY in association with the 60% Construction
Documents submittal.
1.3.5 CONSULTANT shall prepare and submit a 95% Construction
Documents package, with CITY’s comments from the 60%
package incorporated into the documents.
1.3.6 CONSULTANT shall prepare an estimate of probable construction
cost for review by CITY in association with the 95% Construction
Documents submittal.
1.3.7 CONSULTANT shall prepare a Construction Documents package
for Building and Fire department plan check review and permitting.
1.3.8 CONSULTANT shall prepare the 100% Construction Documents
package with final quality control comments from CITY’s Building
and Fire department review incorporated.
1.3.9 CONSULTANT shall prepare a Project Manual that includes the
Conditions of the Contract for Construction provided by the CITY,
Technical Specifications, and bidding requirements and sample
forms furnished by the CITY.
1.3.10 CONSULTANT shall maintain the LEED matrix and design
documentation.
1.3.11 LEED Fundamental and Enhanced Commissioning:
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CONSULTANT shall have the project’s commissioning agent
review the design and back-check their review comments, develop
a commissioning plan, commissioning specification, and
commissioning checklists.
1.3.12 CONSULTANT shall provide, if necessary and as directed by the
Project Manager or authorized designee, bid alternates up to a
cumulative maximum amount of 1% of the estimate of probable
construction cost.
1.3.13 One or more “independent checks” of the plans, specifications and
bid documents may be performed by an independent party
commissioned by the CITY prior to the 100% Construction
Document submittal. CONSULTANT shall incorporate revisions or
comments from these reviews, provided by the CITY in a single,
compiled, and coordinated document, in the final bid documents,
unless CONSULTANT deems them to be inappropriate or in error
in which case, CONSULTANT shall communicate concern to the
Project Manager or her authorized designee for consideration and
further direction. These checks may include architectural peer
reviews and/or constructability reviews. These independent checks
are to be performed strictly for the benefit of the CITY, and they
shall not relieve the CONSULTANT from its obligations under this
Agreement. The CITY is not obligated to perform any independent
check, and the CONSULTANT shall not rely upon it for any quality
or quantitative check or review.
1.3.14 Meetings
1.3.14.1 CONSULTANT shall attend and coordinate twelve
(12) PMT meetings, two (2) artist coordination meetings,
two (2) Technical-Planning meetings, four (4) Technical-
Library meetings, three Technical-Building Department
meetings, one (1) Technical-Technology meeting, one (1)
Technical-Traffic meeting, one (1) Integrated Design
Workshop, and other technical meetings as reasonably
required for the Mitchell Park Project.
1.3.14.2 CONSULTANT shall attend two (2) meetings with the
Arts Commission and/or Public Art committee for
coordination of the arts program in the construction
documents.
1.3.15 Deliverables
1.3.15.1 60%, 95%, and 100% Construction Documents
packages setting forth in detail the requirements for
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construction of the Mitchell Park Project, including
drawings and specifications that establish in detail the
quality levels of required materials and systems. The
Construction Documents package shall include drawings
and technical specifications from all disciplines, executed
to a level of detail appropriate for open public bidding.
They shall include plans overlaying voice and data
cabling with furniture layout as necessary, elevations
reflecting relationships between furnishings and items
affecting their placement. Site improvements shall
include all details necessary to coordinate and properly
locate utilities, driveways, roadways, at-grade parking,
curbs and gutters, landscape, irrigation and hardscape
design. The Construction Documents shall conform to the
applicable California Building Code, Title 24, ADA, and all
other applicable local, State and Federal codes,
regulations, permit requirements, and conditions
necessary for issuance of a building permit.
1.3.15.2 Project Manual
1.3.15.3 Detailed technical specifications that are coordinated
with the plans and all the design disciplines.
1.3.15.4 Estimates of probable construction cost associated
with the 60% and 95% Construction Documents
submittals.
1.3.15.5 CONSULTANT shall submit one set of reproducible
documents and one set of electronic digital documents at
60%, 95% and 100% completion of Construction
Documents. CONSULTANT shall provide a full-sized
original set, wet-stamped and signed, as required by the
CITY, by all the appropriate licensed design disciplines.
CONSULTANT shall also provide digital plot files directly
to CITY’s printing company for printing bid sets.
1.4 TASK F1 MITCHELL PARK PROJECT BIDDING AND AWARD
1.4.1 CONSULTANT shall assist CITY during bid solicitation process.
1.4.2 CONSULTANT shall prepare a full-sized original set(s), and
provide a digital plot bid package for CITY’s use in printing, and
shall make available to the CITY an electronic version of the
Construction Documents.
1.4.3 CONSULTANT shall provide bid phase services, as requested by
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the CITY, through award of the Contract for Construction. Service
include assistance with responses to bidders' inquiries; preparation
of addenda; attendance at one (1) prequalification and (1) pre-bid
meeting; and assistance in the CITY’s evaluation of bids.
1.4.4 In preparing estimates of the cost of the work, the CONSULTANT
shall be permitted to include contingencies for design, bidding and
price escalation; to determine what materials, equipment,
component systems and types of construction are to be included in
the Contract Documents; to make reasonable adjustments in the
scope of the Project and to include in the Contract Documents
alternate bids as may be necessary to adjust the estimated Cost of
the Work to meet the CITY's budget for the Cost of the Work. If an
increase in the Contract Sum occurring after execution of the
Contract between the CITY and the Contractor causes the budget
for the Cost of the Work to be exceeded, that budget shall be
increased accordingly.
1.4.5 CONSULTANT will include in its estimate a contingency for
bid/market conditions based on competitive bidding with a
minimum of 3 bidders for all major items of subcontracted work and
3-5 general contractor bids. The CITY recognizes that the
CONSULTANT has no control over competitive bidding or market
conditions. If CITY anticipates less favorable bidding conditions or
wishes to take a more conservative approach, CITY will cooperate
with CONSULTANT to increase bid contingency and either reduce
project scope or increase the project budget accordingly.
1.4.6 If bidding has not commenced within 90 days after CONSULTANT
submits 95%Construction Documents to the CITY, CONSULTANT
shall adjust at no additional cost to CITY, the estimate of probable
construction cost to reflect changes in the general level of prices in
the construction industry. Should the adjusted estimate of probable
construction cost exceed the CITY approved construction budget
at this point, any subsequent changes in the plans or value
engineering services necessary to align the adjusted estimate of
probable construction cost with the CITY approved construction
budget shall be considered Additional Services as noted in
EXHIBT C of this Agreement.
1.4.7 Deliverables: one reproducible (hard copy for Construction
Document contract file) and digital plot set of Construction
Documents “Conform” package revised with all addenda, CITY
reviews and plan check comments, including Fire Department,
incorporated and ready for Award, and Construction.
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1.5 TASK G1 MITCHELL PARK PROJECT CONSTRUCTION ADMINISTRATION
1.5.1 CONSULTANT’s responsibility to provide Basic Construction
Administration Services for the Construction Phase under this
Agreement commences with CITY's issuance of a Notice to
Proceed with the Contract for Construction and will end 730
calendar days from that date or upon commencement by the
CONSULTANT of the Substantial Completion Correction (“Punch”)
list, as mutually agreed upon by CONSULTANT, the CITY’s
Construction Manager and CITY, whichever comes first. If the
punch list does not commence within 730 calendar days of the
Notice to Proceed, any further time and effort spent on behalf of
the project shall be an Additional Service provided on a time and
materials basis. Consultant will not be obligated to provide any
work beyond the 730 calendar days unless directed by CITY in
writing.
1.5.2 CONSULTANT shall be a representative of and shall advise and
consult with the CITY during the provision of the Contract
Administration Services. The CONSULTANT shall have
authority to act on behalf of the CITY only to the extent provided
in this Agreement unless otherwise modified by written
amendment.
1.5.3 Duties, responsibilities and limitations of authority of the
CONSULTANT under this phase shall not be restricted, modified
or extended without written agreement of the CITY.
1.5.4 CONSULTANT shall neither have control over or charge of, nor
be responsible for, the construction means, methods,
techniques, sequences or procedures, or for safety precautions
and programs in connection with the Work, since these are
solely the Contractor’s rights and responsibilities under the
Contract Documents, the CONSULTANT will not be responsible
for the Contractor’s schedules or failure to carry out the work in
accordance with the Contract Documents. The CONSULTANT
will not have control over or charge of acts or omissions of the
Contractor, Subcontractors, or their agents or employees, or of
any other persons performing portions of the
work.CONSULTANT shall not be responsible for acts or
omissions of the Contractor, Subcontractors, or their agents or
employees, or any other persons or entities performing portions
of the Work.
1.5.5 CONSULTANT will have access to the work at all times
wherever it is in preparation or progress within 24 hours of
notifying the CITY..
1.5.6 CONSULTANT shall revise Bid Documents for issuance as
Conform Set Contract Documents that incorporate addenda, and
clarifications.
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1.5.7 CONSULTANT shall attend the pre-construction conference.
1.5.8 Project Meetings and Site Visits
1.5.8.1 CONSULTANT shall attend up to 104 site construction
meetings. The CONSULTANT as a representative of the
CITY, shall visit the site at intervals appropriate to the
stage of the Contractor’s operations, or as otherwise
agreed by the Project Manager or authorized designee
and the CONSULTANT (1) to become generally familiar
with and to keep the CITY informed about the progress
and quality of the portion of the Work completed, (2) to
endeavor to guard the CITY against defects and
deficiencies in the Work, and (3) to determine in general
if the Work is being performed in a manner indicating that
the Work, when fully completed, will be in accordance
with the Contract Documents. However, the
CONSULTANT shall not be required to make exhaustive
or continuous on-site inspections to check the quality or
quantity of the Work.
1.5.8.2 CONSULTANT shall report to the CITY observable and
known deviations from the Contract Documents by the
Contractor.
1.5.8.3 CONSULTANT shall at all times have access to the work
wherever it is in preparation or progress.
1.5.8.4 CONSULTANT shall have authority to reject Work that
does not conform to the Contract Documents. Whenever
the CONSULTANT considers it necessary or advisable,
the CONSULTANT will have authority to require
inspection or testing of the Work in accordance with the
provisions of the Contract Documents, whether or not
such Work is fabricated, installed or completed.
However, neither this authority of the CONSULTANT nor
a decision made in good faith either to exercise or not to
exercise such authority shall give rise to a duty or
responsibility of the CONSULTANT to the Contractor,
Subcontractors, material and equipment suppliers, their
agents or employees or other persons or entities
performing portions of the Work.
1.5.8.5 CONSULTANT shall be responsible for scheduling the
Sub CONSULTANTs visits to the site in coordination with
and or as directed by CITY.
1.5.9 On the basis of on-site observations as a CONSULTANT, and
through information provided to the CONSULTANT by the
CITY’s Project Manager, the CONSULTANT shall keep the CITY
informed of the quality of the work.
1.5.10 Submittals:
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1.5.10.1 CONSULTANT will review Contractor’s submittals,
including Shop Drawings, Product Data and Samples,
but only for the limited purpose of checking for
conformance with information given and the design
concept expressed in the Contract Documents. The
CONSULTANT’s action shall be taken with such
reasonable promptness so as to cause no delay in the
work, while allowing sufficient time in the
CONSULTANT’s judgment to permit adequate review
unless otherwise agreed to. Submittals critical to work
flow shall be responded to within a timely manner from
receipt. Review of such submittals is not conducted for
the purpose of determining the accuracy and
completeness of other details such as dimensions and
quantities or for substantiating instructions for
installation or performance equipment or systems
designed by the Contractor, all of which remain the
responsibility of the Contractor to the extent required by
the Contract Documents. The CONSULTANT’s review
shall not constitute review of safety precautions or,
unless otherwise specifically stated by the
CONSULTANT, of construction means, methods,
techniques, sequences or procedures. The
CONSULTANT’s review of specific items shall not
indicate approval of an assembly of which the item is a
component. When professional certification of
performance characteristics of materials, systems or
equipment is required by the Contract Documents, the
CONSULTANT shall be entitled to rely upon such
certification to establish that the materials, systems or
equipment will meet the performance criteria required by
the Contract Documents.
1.5.10.2 CONSULTANT shall maintain copies of submittals
supplied by the Contractor in accordance with the
requirements of the Contract Documents. Reviewed
submittals shall be stamped with appropriate action to
be taken with notes and comments initialed and dated.
1.5.11 If professional design services or certifications by a design
professional related to systems, materials or equipment are
specifically required of the Contractor by the Contract
Documents, the CONSULTANT shall specify appropriate
performance and design criteria that such services must satisfy.
Shop Drawings and other submittals related to the Work
designed or certified by the design professional retained by the
Contractor shall bear such professional’s written approval when
submitted to the CONSULTANT. The CONSULTANT shall be
entitled to rely upon the adequacy, accuracy and completeness
of the services; certifications or approvals performed by such
design professionals.
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1.5.12 Request for Information (RFI) & Architectural Supplement
Information (ASI)
1.5.12.1 CONSULTANT shall review properly prepared, timely
requests by the Contractor for Request For Information
(RFI) about the Contract Documents. A properly
prepared RFI about the Contract Documents shall be in
a form prepared or approved by the CONSULTANT and
shall include a detailed written statement that indicates
the specific Drawings or Specifications in need of
clarification and the nature of the clarification requested.
1.5.12.2 If deemed appropriate by the CONSULTANT or if
directed by the Project Manager or her authorized
designee, the CONSULTANT shall on the CITY’s behalf
prepare, reproduce and distribute supplemental
Drawings and Specifications (Architectural
Supplemental Information (ASI)) in response to RFI by
the Contractor or because of a need determined by
CONSULTANT to achieve the intent of the Contract
Documents.
1.5.12.3 Interpretations and decisions of the CONSULTANT shall
be consistent with the intent of and reasonably inferable
from the Contract Documents and shall be in writing or
in the form of drawings. When making such
interpretations and initial decisions, the CONSULTANT
shall endeavor to secure faithful performance by both
CITY and Contractor, shall not show partiality to either,
and shall not be liable for the results of interpretations or
decisions so rendered in good faith.
1.5.12.4 CONSULTANT’s action shall be taken with such
reasonable promptness as to cause no delay in the
Work or in the activities of the CITY, Contractor or
separate contractors, while allowing sufficient time in the
CONSULTANT s professional judgment to permit
adequate review. RFI’s critical to workflow shall be
responded to within a timely manner from receipt.
1.5.13 CONSULTANT shall review for compliance, any items submitted
by the Contractor for consistency with the contract documents,
including but not limited to submittals, O&M Manuals, written
guarantees, instruction books, diagrams and charts, etc,.
1.5.14 Review and recommend approval or rejection of substitutions for
conformance with the project design concept and for compliance
with Contract Documents. CONSULTANT shall briefly review each
substitution at no additional cost to the CITY and provide the
CITY’s Project Manager with a fee and time schedule for detailed
review of each substitution. Time and cost for detailed review of
substitutions shall be negotiated with Contractor on a case-by-case
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basis. Detailed review of each substitution cannot begin until
authorized by the CITY’s Project Manager. Detailed review of
substitutions is subject to the requirements of Additional Services
when approved and authorized by the CITY’s Project Manager
prior to beginning the detailed review.
1.5.15 Changes in the Work
1.5.15.1 Change Order Review and Negotiation: All changes to
the Contract between the CITY and Contractor shall be
only by change orders executed by the CITY.
1.5.15.2 CITY and its designee shall review the contents of all
Contractor-requested changes to the contract time or
price, endeavor to determine the cause of the request,
and assemble and evaluate information concerning the
request. CITY and its designee shall in its evaluations of
the Contractor’s request consider the CONSULTANT’s
comments regarding the proposed changes.
1.5.15.3 All proposed CONSULTANT and CITY -initiated
changes shall first be described in detail by the CITY
and its designee in a request for a proposal issued to
the Contractor. The request shall be accompanied by
drawings and specifications prepared by the
CONSULTANT. In response to the request for a
proposal, the Contractor shall submit to the CITY and its
designee for evaluation detailed information concerning.
The price and time adjustments, if any, as may be
necessary to perform the proposed change order work.
The CITY and its designee shall review the Contractor’s
proposal, shall discuss the proposed change order with
the Contractor, and endeavor to determine the
Contractor’s basis for the price and time proposed to
perform the work. All work by CONSULTANT related to
CITY -initiated changes will be performed as Additional
Services on a Time and Material Basis or mutually
agreed lump sum.
1.5.15.4 The CITY and its designee shall negotiate change
requests on behalf of the CITY. CITY and its designee
shall prepare and issue to the Contractor appropriate
change order documents, reviewed and signed by the
CONSULTANT as required by contract.
1.5.16 Furniture, Custom Casework, Shelving and Signage
1.5.16.1 During the Construction Administration Phases the
CONSULTANT shall provide the following services
related to Furniture, Custom Casework and Signage:
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1.5.16.2 Staff area systems furniture will be specified in general
terms showing layout, major components, and finishes.
CONSULTANT shall specify that systems furniture
vendor to provide detailed systems design and
component selection.
1.5.16.3 CONSULTANT shall specify performance requirements
for seismic bracing of cantilevered shelving with
shelving vendor to provide engineering submittals.
1.5.16.4 If so requested by the CITY’s Project Manager or
authorized designee, the CONSULTANT shall prepare
up to a total of five different bid packages for furniture,
custom casework, building signage and shelving. Each
bid package will be suitable for a public bid process or
negotiated purchase order by CITY or Library.
1.5.16.5 CONSULTANT shall provide up to two alternative
design concepts for custom furniture and casework.
1.5.16.6 CONSULTANT shall prepare for the CITY’s review
functional layout drawings of library service desks and
custom casework for the Library and the Community
Center.
1.5.16.7 CONSULTANT shall conduct up to eight interiors Project
Management Team meetings to set direction on
furniture and casework.
1.5.16.8 CONSULTANT shall lead up to one day-long furniture
review meeting with the furniture committee.
1.5.16.9 CONSULTANT shall prepare a 90% Bid Documents
submittal for CITY and Library review.
1.5.16.10 CONSULTANT shall prepare 100% Bid Documents.
1.5.16.11 CONSULTANT shall assist the CITY in reviewing bidder
questions and provide written addenda as required for
each bid package.
1.5.16.12 CONSULTANT shall be available for up to three days to
advise on furniture and custom casework placement and
punch list services.
1.5.16.13 CONSULTANT shall provide a sign location drawing and
sign copy schedule for the site identification, exterior
building signage, site wayfinding, and interior signage.
1.5.16.14 CONSULTANT shall provide a 60% and 95% Design
Intent Signage Documents for the CITY’s review. And a
100% Bid Design Intent Signage Document.
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1.5.16.15 CONSULTAN provide updated estimates of probable
construction costs to the CITY at the 60% and 95%
Design Intent submittals..
1.5.16.16 CONSULTAN shall provide written responses to the
CITY’s review comments.
1.5.16.17 CONSULTAN conduct up to two signage design review
meetings with the CITY.
1.5.16.18 CONSULTANT shall attend a signage pre-installation
meeting with the signage contractor.
1.6 TASK H1 MITCHELL PARK PROJECT RECORD DOCUMENTS AND PROJECT
CLOSEOUT
1.6.1 Project Closeout, will begin with the commencement by
CONSULTANT of the Punch List as mutually determined by
CONSULTANT, CITY and CITY’s Construction Manager, and will
end 90 calendar days from that date CONSULTANT shall complete
all items over which the CONSULTANT has control indicated in the
scope of Project Closeout within the 90 calendar day period.
CONSULTANT Closeout Services after 90 days will be provided as
an Additional Service on a Time & Materials basis.
1.6.2 CONSULTANT shall receive from the Contractor and forward to
the CITY, for the CITY’s review and records, written warranties and
related documents required by the Contract Documents and
assembled by the Contractor.
1.6.3 CONSULTANT’s shall conduct “Punch List“inspection to check
conformance of the Work with the requirements of the Contract
Documents and to verify the accuracy and completeness of the list
submitted by the Contractor of Work to be completed or corrected.
1.6.4 CONSULTANT shall complete and distribute the project punch list
in a timely manner from the CITY’s request for inspection in either
MSWord or Excel format.
1.6.5 CONSULTANT shall review the work to determine whether the
punch list items have been completed and are in conformance with
the Construction Documents
1.6.6 CONSULTANT’s shall conduct Final Completion observation with
the CITY to check for general conformance of the Work with the
requirements of the Contract Documents package and to verify the
accuracy and completeness of the list submitted by the Contractor
of Work to be completed or corrected.
1.6.7 CONSULTANT shall incorporate information provided by the
Contractor and information gained during site visits throughout the
Project construction, and prepare record drawings and
specifications based on record field construction documents
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package. Prior to acceptance of the Project by the CITY.
CONSULTANT shall review the contractor’s “as-built” drawings
and specifications, and shall return them to contractor for revision if
they are not complete, or otherwise known to not represent facts
known to the CONSULTANT. Apart from reviewing Contractor’s
as-built documents, CONSULTANT shall prepare and sign the
CONSULTANT’s Record Drawings submit both a hard copy on
Mylar and an electronic copy on Compact Disc (CD) to the CITY.
2.0 DOWNTOWN LIBRARY PROJECT
2.1 GENERAL
2.1.1 The CONSULTANT’s Basic Services for the renovated Downtown
Library (“Downtown Library Project”) consist of five Tasks: Task D2
Design Development; Task E2 Construction Documents; Task F2
Bidding and Award, Task G2 Construction Administration and Task
H2 Record Documents and Project Closeout.
2.1.2 The CONSULTANT’s Basic Services include the services of a civil
engineer, structural engineer, mechanical engineer, electrical
engineer/lighting designer, landscape architect, cost consultant,
audio visual/acoustical engineer, and library programmer.
2.2 TASK D2: DOWNTOWN LIBRARY PROJECT DESIGN DEVELOPMENT
2.2.1 CONSULTANT shall coordinate and manage its subconsultants
throughout the Design Development phase and coordinate with the
Project Manager or authorized designee, key departments, including
but not limited to CITY’s Building, Public Works, and Engineering
staff.
2.2.2 CONSULTANT shall prepare, refine and update project design
schedule which identifies all major tasks, key milestones, key
meetings, submittal dates and review periods for the CITY’s review
and comment. CONSULTANT shall provide updated design
schedule at the beginning of each project phase.
2.2.3 CONSULTANT shall prepare Design Development documents based
on refinement and further development of the approved schematic
design, including preliminary furniture layouts, built-in fixtures, and
equipment selections.
2.2.4 CONSULTANT shall refine design development plans based on
comments received from the CITY’s review of the 100% SD
submittal.
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2.2.5 CONSULTANT shall prepare an estimate of probable construction
cost for review by CITY in association with the 100% Design
Development submittal.
2.2.6 CONSULTANT shall meet with the CITY to review the estimate of
probable construction cost and to confirm that the design is still
within the CITY’s approved construction budget. Should the design
not be within the budget, CONSULTANT shall revise the design as
directed by the Project Manager or her authorized designee at no
additional fee to bring the design within the approved budget.
2.2.7 CONSULTANT shall provide all other normal and customary
services related to Design Development that the CONSULTANT, the
Project Manager or her authorized designee finds necessary or that
will lead toward the timely delivery of other phases of work in this
Agreement.
2.2.8 Meetings
2.2.8.1 CONSULTANT shall attend and coordinate up to seven (7)
PMT meetings, two (2) Technical-Library Meetings, two (2)
Technical-Building Department meetings, one (1)
Technical-Technology meeting, one (1) Integrated Design
Workshop, and other technical meetings as reasonably
required for the Downtown Library Project.
2.2.8.2 CONSULTANT shall coordinate meetings with reviewing
agencies as required.
2.2.9 Deliverables
2.2.9.1 CONSULTANT shall submit a Design Development
package at 100% completion of Design Development for
review by the CITY. The Design Development package
shall illustrate and describe the refinement of the design of
the Downtown Library Project, establishing its scope,
relationships, forms, size and appearance.
2.2.9.2 Site plans and floor plans for all major disciplines.
2.2.9.3 Preliminary furniture layout plan.
2.2.9.4 Preliminary finish, materials and equipment schedules.
2.2.9.5 Outline specifications shall identify the major materials and
systems and shall establish their general quality levels.
Specifications shall be consistent with the Construction
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Specifications Institute (CSI) format, the version of which
shall be determined by CONSULTANT.
2.2.9.6 Engineering documents shall include single line diagrams
describing structural, mechanical, plumbing, and electrical
systems.
2.2.9.7 Principal interior and exterior elevations showing
preliminary locations of all electrical and mechanical
controls, telecommunications, security, as well as life-
safety devices for coordination with furniture layout.
2.2.9.8 Estimates of probable construction cost associated with the
100% Design Development submittal.
2.2.9.9 Presentation materials for meetings.
2.3 TASK E2: DOWNTOWN LIBRARY PROJECT CONSTRUCTION
DOCUMENTS
2.3.1 CONSULTANT shall coordinate and manage its subconsultants
throughout the Construction Documents phase.
2.3.2 Upon written notice to proceed by the CITY, CONSULTANT shall
refine and further develop the approved Design Development
package based upon the CITY’s comments and the constructability
review comments on the 100% Design Development package.
2.3.3 CONSULTANT shall prepare and submit a 60% Construction
Documents package to the CITY.
2.3.4 CONSULTANT shall prepare an estimate of probable construction
cost for review by CITY in association with the 60% Construction
Documents submittal.
2.3.5 CONSULTANT shall prepare and submit a 95% Construction
Documents package, with CITY’s comments from the 60% package
incorporated into the documents.
2.3.6 CONSULTANT shall prepare an estimate of probable construction
cost for review by CITY in association with the 95% Construction
Documents submittal.
2.3.7 CONSULTANT shall prepare a Construction Documents package for
Building and Fire department plan check review and permitting.
2.3.8 CONSULTANT shall prepare the 100% Construction Documents
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package with final quality control comments from CITY’s Building
and Fire department review incorporated.
2.3.9 CONSULTANT shall prepare a Project Manual that includes the
Conditions of the Contract for Construction provided by the CITY,
Technical Specifications, and bidding requirements and sample
forms furnished by the CITY.
2.3.10 CONSULTANT shall provide, if necessary and as directed by the
Project Manager or authorized designee, bid alternates up to a
cumulative maximum amount of 5% of the estimate of probable
construction cost.
2.3.11 One or more “independent checks” of the plans, specifications and
bid documents may be performed by an independent party
commissioned by the CITY prior to the 100% Construction Document
submittal. CONSULTANT shall incorporate revisions or comments
from these reviews, provided by the CITY in a single, compiled, and
coordinated document, in the final bid documents, unless
CONSULTANT deems them to be inappropriate or in error in which
case, CONSULTANT shall communicate concern to the Project
Manager or her authorized designee for consideration and further
direction. These checks may include architectural peer reviews
and/or constructability reviews. These independent checks are to be
performed strictly for the benefit of the CITY, and they shall not
relieve the CONSULTANT from its obligations under this Agreement.
The CITY is not obligated to perform any independent check, and the
CONSULTANT shall not rely upon it for any quality or quantitative
check or review.
2.3.12 Meetings
2.3.12.1 CONSULTANT shall attend and coordinate twelve (12)
PMT meetings, four (4) Technical-Library meetings, two (2)
Technical-Building Department meetings, one (1)
Technical-Technology meeting, one (1) Integrated Design
Workshop, and other technical meetings as reasonably
required for the Downtown Library Project.
2.3.12.2 Consultant shall attend other meetings as specified in
Section 4.0, Participation.
2.3.13 Deliverables
2.3.13.1 60%, 95%, and 100% Construction Documents
packages setting forth in detail the requirements for
construction of the Downtown Library Project, including
drawings and specifications that establish in detail the
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quality levels of required materials and systems. The
Construction Documents package shall include drawings
and technical specifications from all disciplines, executed
to a level of detail appropriate for open public bidding.
They shall include plans overlaying voice and data
cabling with furniture layout as necessary, elevations
reflecting relationships between furnishings and items
affecting their placement. Site improvements shall
include all details necessary to coordinate and properly
locate utilities, driveways, roadways, at-grade parking,
curbs and gutters, landscape, irrigation and hardscape
design. The Construction Documents shall conform to the
applicable California Building Code, Title 24, ADA, and all
other applicable local, State and Federal codes,
regulations, permit requirements, and conditions
necessary for issuance of a building permit.
2.3.13.2 Project Manual
2.3.13.3 Detailed technical specifications that are coordinated
with the plans and all the design disciplines.
2.3.13.4 Estimates of probable construction cost associated
with the 60% and 95% Construction Documents
submittals.
2.3.13.5 CONSULTANT shall submit one set of reproducible
documents and one set of electronic digital documents at
60%, 95% and 100% completion of Construction
Documents. CONSULTANT shall provide a full-sized
original set, wet-stamped and signed, as required by the
CITY, by all the appropriate licensed design disciplines.
CONSULTANT shall also provide digital plot files directly
to CITY’s printing company for printing bid sets.
2.4 TASK F2: DOWNTOWN LIBRARY PROJECT BIDDING AND AWARD
2.4.1 CONSULTANT shall prepare a full-sized original set(s), and provide
a digital plot bid package for CITY’s use in printing, and shall make
available to the CITY an electronic version of the Construction
Documents.
2.4.2 CONSULTANT shall provide bid phase services, as requested by the
CITY, through award of the Contract for Construction. Service
include assistance with responses to bidders' inquiries; preparation
of addenda; attendance at one (1) prequalification and (1) pre-bid
meeting; and assistance in the CITY’s evaluation of bids.
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2.4.3 In preparing estimates of the cost of the work, the CONSULTANT
shall be permitted to include contingencies for design, bidding and
price escalation; to determine what materials, equipment, component
systems and types of construction are to be included in the Contract
Documents; to make reasonable adjustments in the scope of the
Project and to include in the Contract Documents alternate bids as
may be necessary to adjust the estimated Cost of the Work to meet
the CITY's budget for the Cost of the Work. If an increase in the
Contract Sum occurring after execution of the Contract between the
CITY and the Contractor causes the budget for the Cost of the Work
to be exceeded, that budget shall be increased accordingly.
2.4.4 CONSULTANT will include in its estimate a contingency for
bid/market conditions based on competitive bidding with a minimum
of 3 bidders for all major items of subcontracted work and 3-5
general contractor bids. The CITY recognizes that the
CONSULTANT has no control over competitive bidding or market
conditions. If CITY anticipates less favorable bidding conditions or
wishes to take a more conservative approach, CITY will cooperate
with CONSULTANT to increase bid contingency and either reduce
project scope or increase the project budget accordingly.
2.4.5 If bidding has not commenced within 90 days after CONSULTANT
submits 95%Construction Documents to the CITY, CONSULTANT
shall adjust at no additional cost to CITY, the estimate of probable
construction cost to reflect changes in the general level of prices in
the construction industry. Should the adjusted estimate of probable
construction cost exceed the CITY approved construction budget at
this point, any subsequent changes in the plans or value engineering
services necessary to align the adjusted estimate of probable
construction cost with the CITY approved construction budget shall
be considered Additional Services as noted in EXHIBT C of this
Agreement.
2.4.6 Deliverables: one (1) 100% reproducible (hard copy for Construction
Document contract file) and digital plot set of Construction
Documents “Conform” package revised with all addenda, CITY
reviews and plan check, including Fire Department, ready for Award,
and Construction.
2.5 TASK G2 DOWNTOWN LIBRARY PROJECT CONSTRUCTION
ADMINISTRATION
2.5.1 The CONSULTANT’s responsibility to provide Basic Construction
Administration Services for the Construction Phase under this
Agreement commences with CITY's issuance of a Notice to Proceed
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with the Contract for Construction and will end 365 calendar days
from that date or upon commencement by the CONSULTANT of the
Substantial Completion Correction (“Punch”) list, as mutually agreed
upon by CONSULTANT, the CITY’s Construction Manager and
CITY, whichever comes first. If the punch list does not commence
within 365 calendar days of the Notice to Proceed, any further time
and effort spent on behalf of the project shall be an Additional
Service provided on a time and materials basis. Consultant will not
be obligated to provide any work beyond the 365 calendar days
unless directed by CITY in writing.
2.5.2 The CONSULTANT shall be a representative of and shall advise and
consult with the CITY during the provision of the Contract
Administration Services. The CONSULTANT shall have authority to
act on behalf of the CITY only to the extent provided in this
Agreement unless otherwise modified by written amendment.
2.5.3 Duties, responsibilities and limitations of authority of the
CONSULTANT under this phase shall not be restricted, modified or
extended without written agreement of the CITY.
2.5.4 The CONSULTANT shall neither have control over or charge of, nor
be responsible for, the construction means, methods, techniques,
sequences or procedures, or for safety precautions and programs in
connection with the Work, since these are solely the Contractor’s
rights and responsibilities under the Contract Documents.
2.5.5 The CONSULTANT shall not be responsible for acts or omissions of
the Contractor, Subcontractors, or their agents or employees, or any
other persons or entities performing portions of the Work.
2.5.6 Project Meetings and Site Visits
2.5.6.1 The CONSULTANT shall attend up to 52 site construction
meetings. The CONSULTANT as a representative of the
CITY, shall visit the site at intervals appropriate to the
stage of the Contractor’s operations, or as otherwise
agreed by the Project Manager or authorized designee and
the CONSULTANT (1) to become generally familiar with and
to keep the CITY informed about the progress and quality
of the portion of the Work completed, (2) to endeavor to
guard the CITY against defects and deficiencies in the
Work, and (3) to determine in general if the Work is being
performed in a manner indicating that the Work, when fully
completed, will be in accordance with the Contract
Documents. However, the CONSULTANT shall not be
required to make exhaustive or continuous on-site
inspections to check the quality or quantity of the Work.
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2.5.6.2 The CONSULTANT shall report to the CITY known deviations
from the Contract Documents.
2.5.6.3 The CONSULTANT shall at all times have access to the work
within 24 hours wherever it is in preparation or progress.
2.5.6.4 The CONSULTANT shall have authority to reject Work that
does not conform to the Contract Documents. Whenever the
CONSULTANT considers it necessary or advisable, the
CONSULTANT will have authority to require inspection or
testing of the Work in accordance with the provisions of the
Contract Documents, whether or not such Work is fabricated,
installed or completed. However, neither this authority of the
CONSULTANT or a decision made in good faith either to
exercise or not to exercise such authority shall give rise to a
duty or responsibility of the CONSULTANT to the Contractor,
Subcontractors, material and equipment suppliers, their
agents or employees or other persons or entities performing
portions of the Work.
2.5.6.5 The CONSULTANT shall be responsible for scheduling the
subconsultants visits to the site in coordination with and or as
directed by the CITY.
2.5.7 On the basis of on-site observations as a CONSULTANT, and
through information provided to the CONSULTANT by the CITY’s
Project Manager, the CONSULTANT shall keep the CITY informed
of the quality of the work.
2.5.8 Submittals:
2.5.8.1 The CONSULTANT will review Contractor’s submittals,
including Shop Drawings, Product Data and Samples, but
only for the limited purpose of checking for conformance with
information given and the design concept expressed in the
Contract Documents. The CONSULTANT’s action shall be
taken with such reasonable promptness so as to cause no
delay in the work, while allowing sufficient time in the
CONSULTANT’s judgment to permit adequate review unless
otherwise agreed to. Submittals critical to work flow shall be
responded to within a timely manner from receipt. Review of
such submittals is not conducted for the purpose of
determining the accuracy and completeness of other details
such as dimensions and quantities or for substantiating
instructions for installation or performance equipment or
systems designed by the Contractor, all of which remain the
responsibility of the Contractor to the extent required by the
Contract Documents. The CONSULTANT’s review shall not
constitute review of safety precautions or, unless otherwise
specifically stated by the CONSULTANT, of construction
means, methods, techniques, sequences or procedures. The
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CONSULTANT’s review of specific items shall not indicate
approval of an assembly of which the item is a component.
When professional certification of performance
characteristics of materials, systems or equipment is required
by the Contract Documents, the CONSULTANT shall be
entitled to rely upon such certification to establish that the
materials, systems or equipment will meet the performance
criteria required by the Contract Documents.
2.5.8.2 The CONSULTANT shall maintain copies of submittals
supplied by the Contractor in accordance with the
requirements of the Contract Documents. Reviewed
submittals shall be stamped with appropriate action to be
taken with notes and comments initialed and dated.
2.5.8.3 If professional design services or certifications by a design
professional related to systems, materials or equipment are
specifically required of the Contractor by the Contract
Documents, the CONSULTANT shall specify appropriate
performance and design criteria that such services must
satisfy. Shop Drawings and other submittals related to the
Work designed or certified by the design professional
retained by the Contractor shall bear such professional’s
written approval when submitted to the CONSULTANT. The
CONSULTANT shall be entitled to rely upon the adequacy,
accuracy and completeness of the services; certifications or
approvals performed by such design professionals.
2.5.9 Request for Information (RFI) & Architectural Supplement
Information (ASI)
2.5.9.1 The CONSULTANT shall review properly prepared, timely
requests by the Contractor for for information (RFI) about the
Contract Documents. A properly prepared RFI about the
Contract Documents shall be in a form prepared or approved
by the CONSULTANT and shall include a detailed written
statement that indicates the specific Drawings or
Specifications in need of clarification and the nature of the
clarification requested.
2.5.9.2 If deemed appropriate by the CONSULTANT or if directed by
the Project Manager or her authorized designee, the
CONSULTANT shall on the CITY’s behalf prepare, reproduce
and distribute supplemental Drawings and Specifications
(Architectural Supplemental Information (ASI)) in response to
RFI by the Contractor or because of a need determined by
CONSULTANT to achieve the intent of the Contract
Documents..
2.5.9.3 Interpretations and decisions of the CONSULTANT shall be
consistent with the intent of and reasonably inferable from
the Contract Documents and shall be in writing or in the form
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of drawings. When making such interpretations and initial
decisions, the CONSULTANT shall endeavor to secure faithful
performance by both CITY and Contractor, shall not show
partiality to either, and shall not be liable for the results of
interpretations or decisions so rendered in good faith.
2.5.9.4 The CONSULTANT’s action shall be taken with such
reasonable promptness as to cause no delay in the Work or
in the activities of the CITY, Contractor or separate
contractors, while allowing sufficient time in the
CONSULTANT s professional judgment to permit adequate
review. RFI’s critical to workflow shall be responded to within
a timely manner from receipt.
2.5.10 CONSULTANT shall review for compliance, any items submitted by
the Contractor for consistency with the contract documents, including
but not limited to submittals, O&M Manuals, written guarantees,
instruction books, diagrams and charts, etc,.
2.5.11 Review and recommend approval or rejection of substitutions for
conformance with the project design concept and for compliance with
Contract Documents. CONSULTANT shall briefly review each
substitution at no additional cost to the CITY and provide the CITY’s
Project Manager with a fee and time schedule for detailed review of
each substitution. Time and cost for detailed review of substitutions
shall be negotiated with Contractor on a case-by-case basis.
Detailed review of each substitution cannot begin until authorized by
the CITY’s Project Manager. Detailed review of substitutions is
subject to the requirements of Additional Services when approved
and authorized by the CITY’s Project Manager prior to beginning the
detailed review.
2.5.12 Changes in the Work
2.5.12.1 Change Order Review and Negotiation: All changes
to the Contract between the CITY and Contractor shall be
only by change orders executed by the CITY.
2.5.12.2 CITY and its designee shall review the contents of all
Contractor-requested changes to the contract time or price,
endeavor to determine the cause of the request, and
assemble and evaluate information concerning the request
CITY and its designee shall in its evaluations of the
Contractor’s request consider the CONSULTANT’s
comments regarding the proposed changes.
2.5.12.3 All proposed CONSULTANT and CITY -initiated
changes shall first be described in detail by the CITY and its
designee in a request for a proposal issued to the
Contractor. The request shall be accompanied by drawings
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and specifications prepared by the CONSULTANT. In
response to the request for a proposal, the Contractor shall
submit to the CITY and its designee for evaluation detailed
information concerning. The price and time adjustments, if
any, as may be necessary to perform the proposed change
order work. The CITY and its designee shall review the
Contractor’s proposal, shall discuss the proposed change
order with the Contractor, and endeavor to determine the
Contractor’s basis for the price and time proposed to
perform the work. All work by CONSULTANT related to
CITY -initiated changes will be performed as Additional
Services on a Time and Material Basis or mutually agreed
lump sum.
CITY and its designee shall negotiate change requests on
behalf of the CITY. CITY and its designee shall prepare and
issue to the Contractor appropriate change order
documents, reviewed and signed by the CONSULTANT as
required by contract.
2.6 TASK G2.1 DOWNTOWN LIBRARY LEED DESIGN AND
DOCUMENTATION
2.6.1 The CONSULTANT shall prepare and submit LEED documentation
for the Downtown Library for certification purposes based on the
LEED Commercial Interiors 2009 for LEED certified level. The work
includes preparing and submitting all required design submittal
documentation for the LEED credits as identified on the LEED Matrix
fated February 2010.
2.6.2 The CONSULTANT shall provide fundamental commissioning
services during the design phase construction phases of the project.
2.6.3 The CONSULTANT shall provide design intent information and
clarifications to the Contractor during the construction phase of the
project.
2.6.4 The CONSULTANT shall provide Construction Administration
services which include review of Contractor-provided LEED
submittals required for the Construction submittal by the Contractor.
2.7 TASK G2.2 DOWNTOWN STANDARD LIBRARY AND OFFICE
FURNITURE
2.7.1 During the Construction Administration Phases the CONSULTANT
shall provide the following services related to Standard Library and
Office Furniture:
2.7.2 Building Staff area systems furniture will be specified in general
terms showing layout, major components, and finishes.
CONSULTANT shall specify that systems furniture vendor to provide
detailed systems design and component selection.
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2.7.3 CONSULTANT shall specify performance requirements for seismic
bracing of cantilevered shelving with shelving vendor to provide
engineering submittals.
2.7.4 If so requested by the CITY’s Project Manager or authorized
designee, the CONSULTANT shall prepare up to a total of five
different specification packages for furniture. Each package will be
suitable for a negotiated purchase order by CITY or Library.
2.7.5 The CONSULTANT shall provide up to two alternative design
concepts for standard furniture.
2.7.6 The CONSULTANT shall conduct up to four furniture meetings to set
direction on furniture, casework and signage.
2.7.7 The CONSULTANT shall lead up to one day-long furniture review
with the furniture committee.
2.7.8 The CONSULTANT shall prepare a 90% Specification Documents
submittal for CITY and Library review.
2.7.9 The CONSULTANT shall prepare 100% Specification Documents.
2.7.10 The CONSULTANT shall assist the CITY in reviewing bidder
questions and provide written addendum as required for each bid
package.
2.7.11 The CONSULTANT shall be available for up to two days to advise on
furniture and punch list services.
2.8 TASK H2 DOWNTOWN LIBRARY PROJECT RECORD DOCUMENTS AND
PROJECT CLOSEOUT
2.8.1 Project Closeout, will begin with the commencement by
CONSULTANT of the Punch list as mutually determined by
CONSULTANT, CITY and CITY’s Construction Manager, and will
end 60 calendar days from that date CONSULTANT shall complete
all items over which the CONSULTANT has control indicated in the
scope of Project Closeout within the 60 calendar day period.
CONSULTANT Closeout Services after 60 days will be provided as
an Additional Service on a Time & Materials basis.
2.8.2 The CONSULTANT shall receive from the Contractor and forward to
the CITY, for the CITY’s review and records, written warranties and
related documents required by the Contract Documents and
assembled by the Contractor.
2.8.3 The CONSULTANT’s shall conduct “Punch List” inspection to check
conformance of the Work with the requirements of the Contract
Documents and to verify the accuracy and completeness of the list
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submitted by the Contractor of Work to be completed or corrected.
2.8.4 The CONSULTANT shall complete and distribute the project punch
list in a timely manner from the CITY’s request for inspection in either
MSWord or Excel format.
2.8.5 CONSULTANT shall review the work to determine whether the
punch list items have been completed and are in conformance with
the Construction Documents
2.8.6 CONSULTANT’s shall conduct Final Completion observation with
the CITY to check for general conformance of the Work with the
requirements of the Contract Documents package and to verify the
accuracy and completeness of the list submitted by the Contractor of
Work to be completed or corrected.
2.8.7 The CONSULTANT shall incorporate information provided by the
Contractor and information gained during site visits throughout the
Project construction, and prepare record drawings and specifications
based on record field construction documents package. Prior to
acceptance of the Project by the CITY. CONSULTANT shall review
the contractor’s “as-built” drawings and specifications, and shall
return them to contractor for revision if they are not complete, or
otherwise known to not represent facts known to the CONSULTANT.
Apart from reviewing Contractor’s as-builts documents,
CONSULTANT shall prepare and sign the CONSULTANT’s Record
Drawings submit both a hard copy on Mylar and an electronic copy
on Compact Disc (CD) to the CITY.
3.0 TEMPORARY MITCHELL PARK LIBRARY PROJECT
3.1 GENERAL
3.1.1 The CONSULTANT’s Basic Services for Temporary Library Facilities
(“Temporary Library Facilities Project”) consist of one Task:
Temporary Library Facilities Project Design.
3.1.2 The CONSULTANT’s Basic Services for the Temporary Library
Facilities Project include the services of a, mechanical engineer,
electrical engineer/lighting designer, landscape architect, cost
estimator and library programmer.
3.2 TASK D3: TEMPORARY MITCHELL PARK LIBRARY FACILITIES
PROJECT DESIGN
3.2.1 The CONSULTANT shall develop conceptual design floor plans, with
input from the CITY.
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3.2.2 The CONSULTANT shall:
3.2.3 Develop a comprehensive building program for temporary library and
community center services in the range of 8,000 to 10,000 total
square feet spread between different locations yet to be determined
by the CITY, Program size is based on the anticipated use of existing
CITY facilities as temporary library and community center facilities
during the renovation of the Downtown Library and the construction
of the Mitchell Park Library.
3.2.4 Provide dimensions and notes to describe the scale and principal
features of the interior of the temporary facilities on the conceptual
floor plans. The conceptual floor plans will show the desired location
and approximate size of the new or relocated windows and doors.
3.3 TASK E3: TEMPORARY MITCHELL PARK LIBRARY FACILITIES
CONSTRUCTION DOCUMENTS
3.3.1 The CONSULTANT shall develop construction documents for the
temporary library and technical services with input from the CITY.
3.3.2 The CONSULTANT shall:
3.3.2.1 Recommend finishes for the CITY’s approval.
3.3.2.2 Prepare drawings and other documents describing signage
and graphics for the new temporary library
3.3.2.3 Prepare technical specifications for the architectural
portions of the Temporary Library Facilities Project.
3.3.2.4 Review CITY-provided schedule of existing furniture
indicating which furniture is to be reused for the Project and
assist the CITY in the selection and specification of new
furniture. Prepare a drawing showing the new furniture
locations.
3.3.2.5 The CONSULTANT will provide drawings and other project
documents to describe the scope of the project in sufficient
detail for the CITY to publicly bid the Temporary Library
Facilities Project.
3.3.2.6 Deliverables: Contract Document drawings, building
program and other project documents to describe the
scope of the project for the CITY coordinate and repurpose
existing facilities for temporary library, to move existing
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furniture and purchase new furniture; updated project
budget.
3.3.2.7 Meetings included in this phase (may be shared with other
phases and/or meetings): two (2) Technical meetings;
three (3) PMT meetings.
3.4 TASK F3: TEMPORARY MITCHELL PARK LIBRARY PROJECT BIDDING
AND AWARD
3.4.1 CONSULTANT shall prepare a full-sized original set(s), and provide
a digital plot bid package for CITY’s use in printing, and shall make
available to the CITY an electronic version of the Construction
Documents.
3.4.2 CONSULTANT shall provide bid phase services, as requested by the
CITY, through award of the Contract for Construction. Service
include assistance with responses to bidders' inquiries; preparation
of addenda; attendance at one (1) prequalification and (1) pre-bid
meeting; and assistance in the CITY’s evaluation of bids.
3.4.3 In preparing estimates of the cost of the work, the CONSULTANT
shall be permitted to include contingencies for design, bidding and
price escalation; to determine what materials, equipment, component
systems and types of construction are to be included in the Contract
Documents; to make reasonable adjustments in the scope of the
Project and to include in the Contract Documents alternate bids as
may be necessary to adjust the estimated Cost of the Work to meet
the CITY's budget for the Cost of the Work. If an increase in the
Contract Sum occurring after execution of the Contract between the
CITY and the Contractor causes the budget for the Cost of the Work
to be exceeded, that budget shall be increased accordingly.
3.4.4 CONSULTANT will include in its estimate a contingency for
bid/market conditions based on competitive bidding with a minimum
of 3 bidders for all major items of subcontracted work and 3-5
general contractor bids. The CITY recognizes that the
CONSULTANT has no control over competitive bidding or market
conditions. If CITY anticipates less favorable bidding conditions or
wishes to take a more conservative approach, CITY will cooperate
with CONSULTANT to increase bid contingency and either reduce
project scope or increase the project budget accordingly.
3.4.5 If bidding has not commenced within 90 days after CONSULTANT
submits 95%Construction Documents to the CITY, CONSULTANT
shall adjust at no additional cost to CITY, the estimate of probable
construction cost to reflect changes in the general level of prices in
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the construction industry. Should the adjusted estimate of probable
construction cost exceed the CITY approved construction budget at
this point, any subsequent changes in the plans or value engineering
services necessary to align the adjusted estimate of probable
construction cost with the CITY approved construction budget shall
be considered Additional Services as noted in EXHIBT C of this
Agreement.
3.4.6 Deliverables: one (1) 100% reproducible (hard copy of Construction
Document contract file for Bidding), digital plot set, and all project
addenda.
3.5 TASK G3: TEMPORARY MITCHELL PARK LIBRARY PROJECT
CONSTRUCTION ADMINISTRATION
3.5.1 The Consultant’s responsibility to provide Basic Services for the
Construction Phase under this Agreement commences with CITY's
award of a general contract for the construction of the Project and
terminates 90 calendar days later or on the original date of
Substantial Completion of the Work, whichever comes first.
3.5.2 The CONSULTANT shall revise Bid Documents for issuance as
Conform Set Contract Documents that incorporate addenda, and
clarifications.
3.5.3 The CONSULTANT shall attend the pre-construction conference.
3.5.4 The CONSULTANT may visit the site approximately once every two
weeks or at intervals appropriate to the stage of construction or as
otherwise agreed by the CITY and CONSULTANT to attend Project
meetings and to become generally familiar with the progress and
quality of the work completed and to determine, in general, if the
work is being performed in a manner indicating that the work when
completed will be in accordance with the Contract Documents.
However, the CONSULTANT shall not be required to make
exhaustive continuous on-site inspections to check the quality or
quantity of the work.
3.5.5 On the basis of on-site observations as a CONSULTANT, and
through information provided to the CONSULTANT by the CITY’s
Project Manager, the CONSULTANT shall keep the CITY informed
of the progress and quality of the work.
3.5.6 The CONSULTANT will review Contractor’s submittals, including
Shop Drawings, Product Data and Samples, but only for the limited
purpose of checking for conformance with information given and the
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design concept expressed in the Contract Documents. The
CONSULTANT’s action shall be taken with such reasonable
promptness so as to cause no delay in the work, while allowing
sufficient time in the CONSULTANT’s judgment to permit adequate
review unless otherwise agreed to. The CONSULTANT will be
allowed a maximum of 14 calendar days in most cases except for
large submittals per review, exclusive of substitution. Review of
such submittals is not conducted for the purpose of determining the
accuracy and completeness of other details such as dimensions and
quantities or for substantiating instructions for installation or
performance equipment or systems designed by the Contractor, all
of which remain the responsibility of the Contractor to the extent
required by the Contract Documents. The CONSULTANT’s review
shall not constitute review of safety precautions or, unless otherwise
specifically stated by the CONSULTANT, of construction means,
methods, techniques, sequences or procedures. The
CONSULTANT’s review of specific items shall not indicated approval
of an assembly of which the item is a component. When
professional certification of performance characteristics of materials,
systems or equipment is required by the Contract Documents, the
CONSULTANT shall be entitled to rely upon such certification to
establish that the materials, systems or equipment will meet the
performance criteria required by the Contract Documents.
3.5.7 The CONSULTANT will respond to Contractor’s Requests For
Information (RFI). Interpretations and decisions of the
CONSULTANT shall be consistent with the intent of and reasonably
inferable from the Contract Documents and shall be in writing or in
the form of drawings. When making such interpretations and initial
decisions, the CONSULTANT shall secure faithful performance by
both CITY and Contractor, shall not show partiality to either, and
shall not be liable for results of interpretations or decisions so
rendered in good faith. CONSULTANT will be allowed a maximum
of 14 calendar days in most cases except for large RFI per request
for responses.
3.5.8 CONSULTANT shall review for compliance, any items submitted by
the Contractor for consistency with the contract documents, including
but not limited to submittals, O&M Manuals, written guarantees,
instruction books, diagrams and charts, etc, within fourteen (14)
calendar days of receipt.
3.5.9 Review and recommend approval or rejection of substitutions for
conformance with the project design concept and for compliance with
Contract Documents. CONSULTANT shall briefly review each
substitution at no additional cost to the CITY and provide the CITY’s
Project Manager with a fee and time schedule for detailed review of
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each substitution. Time and cost for detailed review of substitutions
shall be negotiated with Contractor on a case-by-case basis.
Detailed review of each substitution cannot begin until authorized by
the CITY’s Project Manager. Detailed review of substitutions is
subject to the requirements of Additional Services when approved
and authorized by the CITY’s Project Manager prior to beginning the
detailed review.
3.5.10 The CONSULTANT will not have control over or charge of and will
not be responsible for construction means, methods, techniques,
sequences or procedures, or safety precautions and programs in
connection with the work, since these are solely the Contractor’s
responsibility under the Contract for Construction. The
CONSULTANT will not be responsible for the Contractor’s schedules
or failure to carry out the work in accordance with the Contract
Documents. The CONSULTANT will not have control over or charge
of acts or omissions of the Contractor, Subcontractors, or their
agents or employees, or of any other persons performing portions of
the work.
The CONSULTANT will at all times have access to the work
wherever it is in preparation or progress.
Duties, responsibilities and limitation of authority of the
CONSULTANT shall not be restricted, modified or extended without
written agreement of the CITY and CONSULTANT.
4 MAIN LIBRARY PROJECT
4.1 GENERAL
4.1.1 CONSULTANT’s Basic Services for the Renovation and Addition to the Main
Library (“Main library Project”) consist of three Tasks: Task D4 Design
Development; Task E4 Construction Documents; and Task F4 Bidding and
Award.
4.1.2 CONSULTANT’s Basic Services include the services of a civil engineer,
structural engineer, mechanical engineer, electrical engineer/lighting
designer, landscape architect, cost consultant, audio visual/acoustical
engineer, energy analysis engineer, commissioning agent, historical
architect and library programmer.
4.1.3 The CITY intends that the Main library Project shall be designed to meet the
standards for LEED Certified or higher rating by the USGBC.
4.1.3.1 CONSULTANT shall design the Main Library Project to meet the
requirements for LEED V2009 certification at the Certified or higher
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level.
4.1.3.2 CONSULTANT shall provide LEED project management services
needed for the CITY to obtain LEED certification of the Main
Library Project, develop specifications consistent with LEED and
the CITY’s policies, and provide the templates, documentation,
calculations, and energy modeling studies necessary to obtain
LEED certification.
4.1.3.3 CONSULTANT shall include a LEED accredited professional on
the design team to support Project Sustainable Building/ Green
Building design criteria as required to achieve LEED certification.
4.1.3.4 CONSULTANT shall include in the construction documents
appropriate provisions requiring the contractor to meet the
requirements for CITY’s submittal to USGBC for LEED Certified or
higher level of certification.
4.2 TASK D4: MAIN LIBRARY PROJECT DESIGN DEVELOPMENT
4.2.1 CONSULTANT shall coordinate and manage its subconsultants throughout
the Design Development phase and coordinate with the Project Manager or
authorized designee, key departments, including but not limited to CITY’s
Building, Public Works, and Engineering staff.
4.2.2 CONSULTANT shall prepare, refine and update project design schedule
which identifies all major tasks, key milestones, key meetings, submittal
dates and review periods for the CITY’s review and comment.
CONSULTANT shall provide updated design schedule at the beginning of
each project phase.
4.2.3 CONSULTANT shall prepare Design Development documents based on
refinement and further development of the approved schematic design,
including preliminary furniture layouts, built-in fixtures, and equipment
selections.
4.2.4 CONSULTANT shall refine design development plans based on comments
received from the CITY’s review of the 100% SD and 50% DD submittal.
4.2.5 CONSULTANT shall prepare estimates of probable construction cost for
review by CITY in association with the 50% and the 100% Design
Development submittals.
4.2.6 CONSULTANT shall have the Main Library Project’s LEED commissioning
agent review the design, back-check review comments, and develop a
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commissioning plan, specifications, and checklists.
4.2.7 CONSULTANT shall meet with the CITY to review the estimate of probable
construction cost and to confirm that the design is still within the CITY’s
approved construction budget. Should the design not be within the budget,
CONSULTANT shall revise the design as directed by the Project Manager or
her authorized designee at no additional fee to bring the design within the
approved budget.
4.2.8 CONSULTANT shall provide all other normal and customary services related
to Design Development that the CONSULTANT, the Project Manager or her
authorized designee finds necessary or that will lead toward the timely
delivery of other phases of work in this Agreement.
4.2.9 Meetings
4.2.9.1 CONSULTANT shall attend and coordinate up to five (5) PMT
meetings, two (2) Technical-Planning meetings, two (2) Technical-
Library Meetings, two (2) Technical Building Department meetings,
two (2) Artist Coordination meetings, one (1) Technical-Technology
meeting, one (1) Technical-Traffic meeting, one (1) Integrated
Design Workshop, and other technical meetings as reasonably
required for the Main Library Project.
4.2.9.2 CONSULTANT shall attend and coordinate meetings with
reviewing agencies as required.
4.2.9.3 CONSULTANT shall attend up to two meetings with the Palo Alto
Arts Commission and/or other public art committee for coordination
of an arts program.
4.2.10 Deliverables
4.2.10.1 CONSULTANT shall submit document packages at the 50% and
100% completion of Design Development for review by the CITY.
Design Development packages shall illustrate and describe the
refinement of the design of the Mitchell Park Project, establishing
its scope, relationships, forms, size and appearance.
4.2.10.2 Site plans and floor plans for all major disciplines.
4.2.10.3 Preliminary furniture layout plan.
4.2.10.4 Preliminary finish, materials and equipment schedules.
4.2.10.5 Outline specifications shall identify the major materials and
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systems and shall establish their general quality levels.
Specifications shall be consistent with the Construction
Specifications Institute (CSI) format, the version of which shall be
determined by CONSULTANT.
4.2.10.6 Engineering documents shall include single line diagrams
describing structural, mechanical, plumbing, and electrical
systems.
4.2.10.7 Principal interior and exterior elevations showing preliminary
locations of all electrical and mechanical controls,
telecommunications, security, as well as life-safety devices for
coordination with furniture layout.
4.2.10.8 Estimates of probable construction cost associated with the 50%
and 100% Design Development submittals.
4.3 TASK E4: MAIN LIBRARY PROJECT CONSTRUCTION DOCUMENTS
4.3.1 CONSULTANT shall coordinate and manage its subconsultants throughout
the Construction Documents phase.
4.3.2 Upon written notice to proceed by the CITY, CONSULTANT shall refine and
further develop the approved Design Development package based upon the
CITY’s comments and the constructability review comments on the 100%
Design Development package.
4.3.3 CONSULTANT shall prepare and submit a 60% Construction Documents
package to the CITY.
4.3.4 CONSULTANT shall prepare an estimate of probable construction cost for
review by CITY in association with the 60% Construction Documents
submittal.
4.3.5 CONSULTANT shall prepare and submit a 95% Construction Documents
package, with CITY’s comments from the 60% package incorporated into the
documents.
4.3.6 CONSULTANT shall prepare an estimate of probable construction cost for
review by CITY in association with the 95% Construction Documents
submittal.
4.3.7 CONSULTANT shall prepare a Construction Documents package for
Building and Fire department plan check review and permitting.
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4.3.8 CONSULTANT shall prepare the 100% Construction Documents package
with final quality control comments from CITY’s Building and Fire department
review incorporated.
4.3.9 The CONSULTANT shall prepare a Project Manual that includes the
Conditions of the Contract for Construction provided by the CITY, Technical
Specifications, and bidding requirements and sample forms furnished by the
CITY.
4.3.10 CONSULTANT shall maintain the LEED matrix and design documentation.
4.3.11 LEED Fundamental and Enhanced Commissioning: CONSULTANT shall
have the project’s commissioning agent review the design and back-check
their review comments, develop a commissioning plan, commissioning
specification, and commissioning checklists.
4.3.12 CONSULTANT shall provide, if necessary and as directed by the Project
Manager or authorized designee, bid alternates up to a cumulative maximum
amount of 1% of the estimate of probable construction cost.
4.3.13 One or more “independent checks” of the plans, specifications and bid
documents may be performed by an independent party commissioned by the
CITY prior to the 100% Construction Document submittal. CONSULTANT
shall incorporate revisions or comments from these reviews, provided by the
CITY in a single, compiled, and coordinated document, in the final bid
documents, unless CONSULTANT deems them to be inappropriate or in
error in which case, CONSULTANT shall communicate concern to the
Project Manager or her authorized designee for consideration and further
direction. These checks may include architectural peer reviews and/or
constructability reviews. These independent checks are to be performed
strictly for the benefit of the CITY, and they shall not relieve the
CONSULTANT from its obligations under this Agreement. The CITY is not
obligated to perform any independent check, and the CONSULTANT shall
not rely upon it for any quality or quantitative check or review.
4.3.14 Meetings
4.3.14.1 CONSULTANT shall attend and coordinate eight (8) PMT
meetings, two (2) artist coordination meetings, two (2) Technical-
Planning meetings, four (4) Technical-Library meetings, three
Technical-Building Department meetings, one (1) Technical-
Technology meeting, one (1) Technical-Traffic meeting, one (1)
Integrated Design Workshop, and other technical meetings as
reasonably required for the Main Library Project.
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4.3.14.2 CONSULTANT shall attend two (2) meetings with the Arts
Commission and/or Public Art committee for coordination of the
arts program in the construction documents.
4.3.14.3 CONSULTANT shall attend up to seven public meetings related to
the integration of the Main Library and the Art Center.
4.3.15 Deliverables
4.3.15.1 60%, 95%, and 100% Construction Documents packages setting
forth in detail the requirements for construction of the Main Library
Park Project, including drawings and specifications that establish
in detail the quality levels of required materials and systems. The
Construction Documents package shall include drawings and
technical specifications from all disciplines, executed to a level of
detail appropriate for open public bidding. They shall include plans
overlaying voice and data cabling with furniture layout as
necessary, elevations reflecting relationships between furnishings
and items affecting their placement. Site improvements shall
include all details necessary to coordinate and properly locate
utilities, driveways, roadways, at-grade parking, curbs and gutters,
landscape, irrigation and hardscape design. The Construction
Documents shall conform to the applicable California Building
Code, Title 24, ADA, and all other applicable local, State and
Federal codes, regulations, permit requirements, and conditions
necessary for issuance of a building permit.
4.3.15.2 Project Manual
4.3.15.3 Detailed technical specifications that are coordinated with the
plans and all the design disciplines.
4.3.15.4 Estimates of probable construction cost associated with the 60%
and 95% Construction Documents submittals.
4.3.15.5 The CONSULTANT shall submit one set of reproducible
documents and one set of electronic digital documents at 60%,
95% and 100% completion of Construction Documents.
CONSULTANT shall provide a full-sized original set, wet-stamped
and signed, as required by the CITY, by all the appropriate
licensed design disciplines. CONSULTANT shall also provide
digital plot files directly to CITY’s printing company for printing bid
sets.
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4.4 TASK F4 MAIN LIBRARY PROJECT BIDDING AND AWARD
4.4.1 CONSULTANT shall assist CITY during bid solicitation process.
4.4.2 CONSULTANT shall prepare a full-sized original set(s), and provide a
digital plot bid package for CITY’s use in printing, and shall make available
to the CITY an electronic version of the Construction Documents.
4.4.3 CONSULTANT shall provide bid phase services, as requested by the
CITY, through award of the Contract for Construction. Service include
assistance with responses to bidders' inquiries; preparation of addenda;
attendance at one (1) prequalification and (1) pre-bid meeting; and
assistance in the CITY’s evaluation of bids.
4.4.4 In preparing estimates of the cost of the work, the CONSULTANT shall be
permitted to include contingencies for design, bidding and price escalation;
to determine what materials, equipment, component systems and types of
construction are to be included in the Contract Documents; to make
reasonable adjustments in the scope of the Project and to include in the
Contract Documents alternate bids as may be necessary to adjust the
estimated Cost of the Work to meet the CITY's budget for the Cost of the
Work. If an increase in the Contract Sum occurring after execution of the
Contract between the CITY and the Contractor causes the budget for the
Cost of the Work to be exceeded, that budget shall be increased
accordingly.
4.4.5 CONSULTANT will include in its estimate a contingency for bid/market
conditions based on competitive bidding with a minimum of 3 bidders for
all major items of subcontracted work and 3-5 general contractor bids. The
CITY recognizes that the CONSULTANT has no control over competitive
bidding or market conditions. If CITY anticipates less favorable bidding
conditions or wishes to take a more conservative approach, CITY will
cooperate with CONSULTANT to increase bid contingency and either
reduce project scope or increase the project budget accordingly.
4.4.6 If bidding has not commenced within 90 days after CONSULTANT submits
95%Construction Documents to the CITY, CONSULTANT shall adjust at
no additional cost to CITY, the estimate of probable construction cost to
reflect changes in the general level of prices in the construction industry.
Should the adjusted estimate of probable construction cost exceed the
CITY approved construction budget at this point, any subsequent changes
in the plans or value engineering services necessary to align the adjusted
estimate of probable construction cost with the CITY approved
construction budget shall be considered Additional Services as noted in
EXHIBT C of this Agreement.
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4.4.7 Deliverables: one reproducible (hard copy for Construction Document
contract file) and digital plot set of Construction Documents “Conform”
package revised with all addenda, CITY reviews and plan check
comments, including Fire Department, incorporated and ready for Award,
and Construction.
5 TEMPORARY MAIN LIBRARY PROJECT
5.1 GENERAL
5.1.1 CONSULTANT’s Basic Services for Temporary Main Library (“Temporary
Main Library Project”) consist of three tasks: Task A5 Temporary Main
Library Site Analysis Phase, Task C5 Temporary Main Library Design
Phase, and Task E5 Temporary Main Library Construction Documents
Phase.
5.1.2 CONSULTANT’s Basic Services for the Temporary Main Library Project
include the services of a mechanical engineer, electrical engineer/lighting
designer, cost estimator and library programmer.
5.2 TASK A5: TEMPORARY MAIN LIBRARY SITE ANALYSIS PHASE
5.2.1 CONSULTANT shall review and analyze potential sites and existing
buildings for the appropriateness of being a Temporary Main Library. The
potential sites and buildings shall be identified by the CITY and provided to
the CONSULTANT.
5.2.2 CONSULTANT shall review the potential sites and buildings for the following
criteria; site capacity, community access, code compliance, building
capacity, and availability.
5.2.3 The CONSULTANT shall develop up to two preliminary building programs
for the Temporary Main Library to be used in conjunction with the site
analysis the programs shall range in size from 10,000 square feet to 15,000
square feet.
5.2.4 CONSULTANT shall develop preliminary project budgets for up to three
sites.
5.2.5 CITY and the CONSULTANT shall review the potential sites and analyze
them based on the established criteria; a preferred option will be selected.
5.3 TASK C5: TEMPORARY MAIN LIBRARY PRELIMINARY DESIGN PHASE
5.3.1 CONSULTANT shall develop Preliminary Design Documents for the
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preferred site option for the Temporary Main Library.
5.3.2 CONSULTANT shall coordinate and manage its subconsultants throughout
the Preliminary Design phase and coordinate with the Project Manager or
authorized designee, key departments, including but not limited to CITY’s
Planning, Building, Public Works, and Engineering staff.
5.3.3 CONSULTANT shall prepare, refine and update project design schedule
which identifies all major tasks, key milestones, key meetings, submittal
dates and review periods for the CITY’s review and comment.
5.3.4 CONSULTANT shall prepare Preliminary Design documents based on
refinement and further development of the site option including site plans,
building plans, furniture and shelving layouts, and electrical, lighting and
mechanical plans.
5.3.5 CONSULTANT shall refine design plans based on comments received from
the CITY’s review of the Preliminary Design Documents.
5.3.6 CONSULTANT shall prepare estimates of probable construction cost for
review by CITY in association with Preliminary Design submittals.
5.3.7 CONSULTANT shall meet with the CITY to review the estimate of probable
construction cost.
5.3.8 Based on the approved Preliminary Design Documents the CONSULTANT
shall finalize the building program for the Temporary Main Library Project in
the range of 10,000 to 15,000 total square feet.
5.3.8.1 Provide dimensions and notes to describe the scale and principal
features of the interior of the temporary facilities on the floor plans.
The floor plans will show the desired location and approximate size
of the new or relocated windows and doors.
5.4 TASK E5: TEMPORARY MAIN LIBRARY CONSTRUCTION DOCUMENTS,
BIDDING AND AWARDPHASES
5.4.1 CONSULTANT shall provide the required documentation, drawings and
specifications for Construction Documents through the end of the Bid Phase.
5.4.2 CONSULTANT is adding the following sub-consultant who will oversee and
execute the majority of work of this section of the Scope of Work:
5.4.2.1 Mark Cavagnero Associates (MCA), Architecture. MCA will contract
directly with the following sub-sub-consultants:
5.4.2.1.1 Gayner Engineers, Mechanical, Electrical and Plumbing
Engineering.
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5.4.2.1.2 Siverman & Light, Lighting Design & Energy
Documentation.
5.4.2.1.3 Stansen Specifications, Technical Specifications.
5.4.3 CONSULTANT will assist with coordination through consultation with the
Library in the selection and placement of furniture and equipment.
5.4.4 Based on the Preliminary Design Documents, , CONSULTANT shall
complete the documentation of Architectural interior finishes, including all
floor, wall and ceiling finishes, including trim, to a minimum level appropriate
to a temporary library facility to be in use approximately 2-years.
5.4.5 CONSULTANT shall provide documentation for power circuits and outlets,
data cabling, connections and jacks, and lighting to provide functionality to
the conceptual design
5.4.6 CONSULTANT shall provide documents to Library representative(s) to keep
them informed, but CONSULTANT shall consult with and coordinate
finishes, power, data and lighting with the Palo Alto Arts Center staff.
5.4.7 CONSULTANT shall coordinate elements that are being incorporated into
the facility for the temporary library keeping in mind the long term need and
use of the facility by the Art Center on a permanent basis.
5.4.8 CONSULTANT shall plan and detail all Library specific improvements that
will need to be removed at the end of the temporary use of the space as a
library in a manner such that selective demolition, removal and patching can
reasonably be accomplished to allow the space to be returned to use by the
Art Center.
5.4.9 All work shall be done to meet current requirements of the Americans with
Disabilities Act (ADA) as it applies to the use of the facility as a temporary
library.
5.4.10 Meetings included in this phase (may be shared with other phases and/or
meetings): two (2) Technical meetings; three (3) PMT meetings.
5.4.11 CONSULTANT shall prepare full-sized original drawings of the Temporary
Main Library spaces to be incorporated into the Art Center Renovation
Project Construction Documents, and provide as a part of the Art Center
Renovation Project Construction Documents a digital plot bid package for
CITY’s use in printing, and shall make available to the CITY an electronic
version of the Construction Documents.
5.4.12 CONSULTANT shall provide bid phase services for the Temporary Main
Library as part of the Art Center Renovation Project, as requested by the
CITY, through award of the Contract for Construction. Service include
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assistance with responses to bidders' inquiries; preparation of addenda;
attendance at one (1) prequalification and (1) pre-bid meeting; and
assistance in the CITY’s evaluation of bids.
5.4.13 Deliverables: one (1) 100% reproducible (hard copy of Temporary Main
Library Construction Document contract file as a portion of the Art Center
Renovation Project Construction Document contract file for Bidding), digital
plot set, and all project addenda.
6 PARTICIPATION
6.1 CONSULTANT shall at the CITY’s direction make presentation(s) to the CITY’s
Commissions or Boards.
6.2 CONSULTANT shall at the CITY’s direction make presentations to the CITY
Council.
6.3 CONSULTANT shall at the CITY’s direction conduct public meeting(s).
III. SUPPLEMENTAL AND OPTIONAL ADDITIONAL SERVICES
1.0 SUPPLEMENTAL SERVICES
The following services are not part of the CONSULTANT’s Basic Services and shall
be performed by the CONSULTANT as Supplemental Services as directed by the
CITY.
1.1 LEED design or documentation for credits other than those identified in the
LEED matrix included in the May 2008 Mitchell Park Library/Community
Center Schematic Design Report.
1.2 Construction Administration services and Project Closeout Services for the
Main Library Project.
1.3 FF&E and Signage services for the Main Library Project.
1.4 Construction Administration Services for the Temporary Main Library
Project.
2.0 OPTIONAL ADDITIONAL SERVICES
The following services are not part of the CONSULTANT’s Basic Services and shall
be performed by the CONSULTANT as Additional Services only if and when
authorized by the CITY in writing:
2.1 Additional meetings or presentations.
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2.2 Developing and preparation of information kiosks.
2.3 Developing a project flyers and public information posters.
2.4 Providing an architectural scaled presentation model.
2.5 Analyses of other sites or buildings.
2.6 Other participation services not described in Basic Services or Supplemental
Services above.
2.7 Other services not specifically identified under Basic Services or
Supplemental Services above.
2.8 Making changes in the design or documentation that is contrary to prior
direction provided by the CITY.
2.9 Preparing bid alternates other than described in CONSULTANT’s Basic
Services.
2.10 Preparing CITY-initiated change orders during construction.
2.11 Providing more than two reviews of each submittal.
2.12 Detailed review of substitution request.
2.13 Work required to correct non-conforming work of contractor.
2.14 Increasing Professional Liability Insurance from the CONSULTANT’s
standard two million ($2,000,000) coverage.
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EXHIBIT “B”
SCHEDULE OF PERFORMANCE
CONSULTANT shall perform the Services so as to complete each milestone within the number
of weeks specified below. The time to complete each milestone may be increased or decreased
by mutual written agreement of the project managers for CONSULTANT and CITY so long as
all work is completed within the term of the Agreement. CONSULTANT shall provide a
detailed schedule of work consistent with the schedule below within 2 weeks of receipt of the
notice to proceed.
Milestones Completion
No. of Weeks
From
NTP
MITCHELL PARK LIBRARY/ COMMUNITY CENTER
Task D1: Design Development Week 24
Task E1: Construction Documents Week 50
(26 weeks from receipt of
authorization to proceed from
Design Development Task)
Task F1: Bidding & Award Week 63
(13 weeks from receipt of
authorization to proceed from
Construction Documents Task)
Task G1: Construction Administration 104 weeks starting from
General Contractors
Authorization to Proceed
Task H1: Project Closeout & Record Documents 90 days starting from
General Contractors receipt
of substantial completion.
RENOVATED DOWNTOWN LIBRARY
Task D2: Design Development Week 22
Task E2: Construction Documents Week 44
(22 weeks from receipt of
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authorization to proceed from
Design Development Task)
Task F2: Bidding & Award Week 53
(9 weeks from receipt of
authorization to proceed from
Construction Documents Task)
Task G2: Construction Administration 52 Weeks starting from
General Contractors
authorization to proceed.
Task H2: Project Closeout and Record Documents 60 days starting from
General Contractors receipt
of substantial completion
TEMPORARY MITCHELL PARK LIBRARY BUILDING
Task D3: Schematic Design & Design Week 13 from NTP
Task E3: Plan Check Submittal August 17, 2009
100% Permit Set September 14, 2009Task F3:
Bidding & Award 45 Days
(from NTP for the additional scope
added with Amendment #1)
Task G3: Construction Administration 90 Days
(from NTP for the additional scope
added with Amendment #1)
MAIN LIBRARY PROJECT
Task D4: Design Development Week 32 from NTP for
Amendment 3
Task E4: Construction Documents Week 64 (32 weeks from receipt of
authorization to proceed from
Design Development Task)
Task E4.1 Library and Art Center Concurrent with Construction
Site Integration Documents
(Design and Construction Documents)
Task E4.1: Plan Check City dependent based upon plan
check review process.
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Task F4: Bidding & Award City Dependent, planned for
Summer 2012.
TEMPORARY MAIN LIBRARY BUILDING
Task A5: Site Analysis Week 6 from NTP for
Amendment 3
Task C5: Preliminary Design Documents Week 12 from NTP for
Amendment 3
Task E5: Construction Documents, Completed by July, 2011
Bidding & Award Spring 2012
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EXHIBIT “C”
COMPENSATION
The CITY agrees to compensate the CONSULTANT for professional services performed in accordance
with the terms and conditions of this Agreement, and as set forth in the budget schedule below.
Compensation shall be paid to the CONSULTANT on a lump sum basis for Mitchell Park Library
Task D1, E1, F1, and Renovated Downtown Library Task D2, E2, F2, G2, and H2. Compensation for
Temporary Library Task D3, E3, F3, and G3 shall be calculated based on the hourly rate schedules
attached as Exhibit C-1 up to the Not to Exceed amount set forth below. Compensation for
Participation Task D4 shall be on a per meeting basis as indentified in attached Exhibit C-1 up to the
Not to Exceed amount set forth below.
The compensation to be paid to CONSULTANT under this Agreement for all services described in
Exhibit “A”, (“Basic Services”) and reimbursable expenses shall not exceed $7,006,189.
CONSULTANT agrees to complete all Basic Services, including reimbursable expenses, within this
amount. In the event CITY authorizes any Additional Services, the maximum compensation shall not
exceed $7,901,751. Any work performed or expenses incurred for which payment would result in a
total exceeding the maximum amount of compensation set forth herein shall be at no cost to the CITY.
CONSULTANT shall perform the tasks and categories of work as outlined and budgeted below. The
CITY’s project manager may approve in writing the transfer of budget amounts between any of the
tasks or categories listed below provided the total compensation for Basic Services, including
reimbursable expenses, does not exceed $7,006,189 and the total compensation for Additional
Services does not exceed $1,045,562.
CITY OF PALO ALTO CONTRACT NO. C09130744 – AMENDMENT FIVE
Professional Services
Revised 10/18/07
55
110829
BUDGET SCHEDULE NOT TO EXCEED AMOUNT BASIS
MITCHELL PARK LIBRARY/COMMUNITY CENTER
Task D1 $845,456 Lump Sum
(Design Development)
Task E1 $1,882,656 Lump Sum
(Construction Documents)
Task F1 $150,437 Lump Sum
(Bidding & Award)
Task G1
(Construction Administration, FFE & Signage
$1,156,517 Lump Sum
Task H1
(Project Closeout & Record Documents
$143.339 Lump Sum
Subtotal $4,178,405
RENOVATED DOWNTOWN LIBRARY
Task D2 $88,383 Lump Sum
(Design Development)
Task E2 $227,882 Lump Sum
(Construction Documents)
Task F2 $14,941 Lump Sum
(Bidding & Award)
Task G2 $146,100 Lump Sum
(Construction Administration)
Task G2.1 $81,796 Lump Sum
(LEED Design & Documentation)
Task G2.2 $20,000 Lump Sum
(Furniture)
CITY OF PALO ALTO CONTRACT NO. C09130744 – AMENDMENT FIVE
Professional Services
Revised 10/18/07
56
110829
Task H2 $25,500 Lump Sum
(Project Closeout and Record Documents)
Subtotal $604,602
TEMPORARY MITCHELL PARK LIBRARY
Task D3
(Schematic Design & Design Build Bid
Package)
$12,688 Time & Materials to a
maximum
Task E3
(Construction Documents)
$95,916 Lump Sum
Task F3
(Bidding & Award)
$9,440 Lump Sum
Task G3
(Construction Administration)
$24,415 Lump Sum
Subtotal $142, 459
MAIN LIBRARY PROJECT
Task D4
(Design Development)
$488,307 Lump Sum
Task E4
(Construction Documents)
$892,814
Lump Sum
Task E4.1
Library and Art Center Site Integration
(Design and Construction Documents)
$41,948 Lump Sum
Task F4
(Bidding & Award)
$90,749 Lump Sum
Subtotal $1,513,818
TEMPORARY MAIN LIBRARY
Task A5 & C5
(Site Analysis & Prelim Design
Documents)
$39,725 T&M to a maximum
Task E5
(Construction Documents, Bidding &
Award)
$22,410 Lump Sum
Subtotal $62,135
ART CENTER RENOVATION
Task E4.2
Library and Art Center Site Integration
(Design and Construction Documents)
$41,948 Lump Sum
Subtotal $41,948
CITY OF PALO ALTO CONTRACT NO. C09130744 – AMENDMENT FIVE
Professional Services
Revised 10/18/07
57
110829
PARTICIPATION
Task D6 Mitchell Park Library
Main Library
Art Center
$75,000
82,000
7,000
Lump Sum Allowance
Subtotal $164,000
Subtotal Basic Services $6,707,367
Reimbursable Expenses Allowance:
Mitchell Park Library $160,000
Downtown Library $ 56,000
Temporary MP Library $ 13,500
Main Library $ 50,000
Temporary Main Library $ 19,322
Subtotal Reimbursable Expenses $ 298,822
Total Basic Services and Reimbursable expenses $7,006,189
Additional Services (Not to Exceed)
Mitchell Park Library: $654,510
Downtown Library $56,000
Temporary MP Library $15,600
Main Library: $157,082
Temporary Main Library: $8,145
Art Center $4,895
Subtotal Additional Services $ 896,232
Amendment 4 Maximum Total Compensation $7,681,751
Added in Amendment 5 (MPLCC Add Services only) $220,670
Amendment 5 Maximum Total Compensation: $7,902,421
CITY OF PALO ALTO CONTRACT NO. C09130744 – AMENDMENT FIVE
Professional Services
Revised 10/18/07
58
110829
REIMBURSABLE EXPENSES
The administrative, overhead, secretarial time or secretarial overtime, word processing, photocopying,
in-house printing, insurance and other ordinary business expenses are included within the scope of
payment for services and are not reimbursable expenses. CITY shall reimburse CONSULTANT for the
following reimbursable expenses at cost not to exceed the total amount shown above. Expenses for
which CONSULTANT shall be reimbursed are:
Outside service printing/copying of drawings and documents of any size.
In-house printing of CAD check sets and presentation drawings larger than 11”x 17”: $2.00
per square foot.
In-house black & white photocopying for draft and final reports and specifications: $.20 per
page.
In-house color and grayscale printing and photocopying up to 11”x 17” for in-house,
consultant or client use: $1.25 per page.
Software purchase and licensure on behalf of the client.
Postage, delivery and messenger service.
Photographic and digital imaging.
Architectural renderings and scale models.
Travel expenses
Subconsultant costs over and above those included in Basic Services.
Presentation boards.
Facilitation tools.
Workshop accessories.
Workshop facilitation materials
All requests for payment of expenses shall be accompanied by appropriate backup information. Any
expense anticipated to be more than $1,000.00 shall be approved in advance by the CITY’s project
manager.
ADDITIONAL SERVICES
The CONSULTANT shall provide additional services only by advanced, written authorization from the
CITY. The CONSULTANT, at the CITY’s project manager’s request, shall submit a detailed written
proposal including a description of the scope of services, schedule, level of effort, and
CONSULTANT’s proposed maximum compensation, including reimbursable expense, for such
services based on the rates set forth in Exhibit C-1. The additional services scope, schedule and
maximum compensation shall be negotiated and agreed to in writing by the CITY’s project manager
CITY OF PALO ALTO CONTRACT NO. C09130744 – AMENDMENT FIVE
Professional Services
Revised 10/18/07
59
110829
and CONSULTANT prior to commencement of the services. . Payment for additional services is
subject to all requirements and restrictions in this Agreement
Work required because the following conditions are not satisfied or are exceeded shall be
considered as additional services.
1. If any of the following circumstances affect the CONSULTANT’s services for the
Project, the CONSULTANT may be entitled to an appropriate adjustment in the
CONSULTANT’s schedule and compensation:
a. Change in the instructions or approvals given by the CITY that necessitate
revisions in design drawings and which are not caused by CONSULTANT’s
negligence;
b. Enactment or revision of codes, laws, or regulations or official interpretations
which necessitate significant changes to previously prepared drawings;
c. Material delay caused by the CITY beyond CONSULTANT’s reasonable control;
d. Significant change in the Project including, but not limited to, size, complexity,
the Owner’s schedule or budget, or procurement method;
e. Preparation for and attendance at a dispute resolution proceeding or a legal
proceeding except where the CONSULTANT is a party thereto;
f. Substantial change in the information contained in Exhibit A.
Additional services may also include, meetings exceeding those outlined in Exhibit A as
Basic Services.
CONSULTANT Hourly Rates and Meeting Rates for Additional Services
CONSULTANT’s hourly and meeting rate schedule shall be:
Group 4 Architecture Research + Planning, Inc.
Position Hourly Rate
Principal $165
Associate $145
Project Manager $135
Professional I $125
Professional II $115
Professional III $105
Technical I $110
Technical II $100
Technical III $90
Technical IV $80
Project Support $70
CITY OF PALO ALTO CONTRACT NO. C09130744 – AMENDMENT FIVE
Focus Group $1,500
Meeting Type (Architect Only) Per Meeting
Steering Committee Meetings $2,500
Boards & Commission Meetings $2,500
Community Meetings $4,000
City Council Meetings $2,500
Meeting Type (Architect + Per Meeting
Steering Committee Meetings $3,000
Boards & Commission Meetings $3,000
Focus Group $2,000
Community Meetings $5,000
City Council Meetings $3,000
Page + Moris (Library Programmer)
Position Hourly Rate
Principal $200
Programming Assistant $75
Project Manager 135
AutoCAD Drafting $45
Project Assistant $35
BKF Engineering (Civil)
Position Hourly Rate
Engineering:
Associate
Project Manager
Engineer IV
Engineer I, II, III
$162
$153-$158
$142
$101-$116-
$132
Planning:
Planner I, II, III
$101-$116-
$132
Surveying:
Project Manager
$153
Professional Services
Revised 10/18/07
60
110829
CITY OF PALO ALTO CONTRACT NO. C09130744 – AMENDMENT FIVE
Professional Services
Revised 10/18/07
61
110829
Surveyor I, II, III, IV
Survey Party Chief
Survey Chainman
Apprentice I, II, III, IV
$101-116-
132-142
$127
$100
$53-73-83-93
Design & Drafting:
Technician I, II, III
Drafter I, II, III, IV
Student Engineer/Surveyor
$96-104-113
$75-83-91-
100
$53
Construction Administration:
Senior Construction Administration
Resident Engineer
Field Engineer I, II, III
$150
$110
$101-116-132
Services & Expenses:
Project Assistant
Clerical/Admin Assistant
$65
$56
Rutherford & Chekene (Structural)
Position Hourly Rate*
Executive Principal $215
Principals $180-$190
Senior Engineers $140-$180
Engineers $115-$140
Designers $90-$115
CADD Specialists $85-$135
*rates subject to change on 7/1/09
Guttmann & Blaevoet (Mechanical)
Position Hourly Rate
Principal $210
Associate Principal $200
Associate $175
Senior Engineer $160
Engineer $130
CAD Manager $120
Designer $115
Drafter $105
Administrative $63
O’Mahony & Myer (Electrical + Lighting)
Position Hourly Rate
Founding Principal $225
Principals $190
Project Electrical Engineer $125
Project Lighting Designer $125
Electrical/Lighting Designer $110
CAD Supervisor $95
CITY OF PALO ALTO CONTRACT NO. C09130744 – AMENDMENT FIVE
Professional Services
Revised 10/18/07
62
110829
CAD Technician $85
Administrative $65
Davis Langdon (Cost Estimator)
Position Hourly Rate
Principals $250-$300
Associate Principals $200
Senior Associates $175
Associates $155
Cost Planners $85-$145
Clerical $65
Gates + Associates (Landscape)
Position Hourly Rate
President $165
Principal $110-$140
Senior Associates $95-$115
Irrigation Designer $100
Associates $80-$95
Draftspersons/Landscape Designer $65-$80
Clerical Staff $60-$70
Smith Fause McDonald (Technology/Acoustic)
Position Hourly Rate
Principals $165
Associates/Senior Engineers $135
Project Consultants/Engineers $120
Consultants/Engineers $95
Technicians/Drafting $75
Administrative $60
The above listed rates are adjusted annually. The next adjustment will be 1 January 2012
Agenda
Library Bond Oversight Committee meeting
Quarterly Meeting
January 24, 2012
7th floor conference room
4:00 p.m. – 5:30 p.m.
Committee Members: James Schmidt (Chair), Sandra Hirsh (Vice-Chair), John Melton,
Dena Mossar, Alice Smith
Staff: (Public Works) Phil Bobel, Karen Bengard, Debra Jacobs, (Library) Monique
leConge; (Administrative Services) Joe Saccio, Tarun Narayan, (Auditor) Jim Pelletier, Ian
Hagerman, (Attorney) Melissa Tronquet
Others: (Turner Construction Management) Greg Smith
ROLL CALL
ORAL COMMUNICATIONS
APPROVAL OF MINUTES – October 25, 2011
AGENDA REVIEW & REVISIONS
UNFINISHED BUSINESS
1. DISCUSSION – Construction Progress (Greg Smith)
a. Mitchell Park Library & Community Center
b. Temporary Main Library
2. DISCUSSION – Design Progress (Karen Bengard)
a. Main Library
NEW BUSINESS
3. DISCUSSION – Outside Auditor’s Report (Ian Hagerman)
4. DISCUSSION – Timing of Main Library bond issuance
5. DISCUSSION -- Draft Financial Report Summary from Administrative
Services (Tarun Narayan)
a. Expenditures to date – summary spreadsheet
6. ACTION – Approval of Quarterly Report to Finance Committee
7. DISCUSSION– Mitchell Park Library & Community Center
contingency issue (Phil Bobel)
8. Next Steps
a. Next meeting: April 24, 2012
Meeting minutes
Library Bond Oversight Committee meeting
Quarterly Meeting
October 25, 2011
Community Room, Downtown Library
(*Note change in location)
4:00 p.m. – 5:30 p.m.
Committee Members: Dena Mossar (Chair), James Schmidt (Vice-Chair), Alice Smith,
Sandra Hirsh, John Melton
Staff: (Public Works) Phil Bobel, Karen Bengard, Debra Jacobs, (Library) Monique
leConge; (Administrative Services) Joe Saccio, Tarun Narayan, (Auditor) Michael
Edmonds, Ian Hagerman, (Attorney) Melissa Tronquet
Others: (Turner Construction Management) Greg Smith
ROLL CALL
4:02 pm. Quorum. Absent: Smith
ORAL COMMUNICATIONS
None
APPROVAL OF MINUTES – July 26, 2011
Motion to delete 2e. Unanimous
AGENDA REVIEW & REVISIONS
No changes
UNFINISHED BUSINESS
1. DISCUSSION – Construction Progress (Greg Smith)
a. Downtown Library -- Kudos on job well done.
b. Mitchell Park Library & Community Center -- Trying to close in building,
get site paved, mitigate (e) moisture due to early rains. Partnering will continue.
Third party review is underway to analyze project challenges & consequences.
Project will still come in less than bond measure cost estimate. Reserves will be
likely approx $7 million for MPL & CC. Change orders are being driven by low bid
environment.
2. DISCUSSION – Design Progress (Karen Bengard)
a. Temporary Main Library -- Finding usual hidden conditions.
b. Main Library –
i. Community meeting last evening. Part of study effort to explore connectivity.
Gardeners less resistive to idea
ii. Parks & Rec Commission and LAC this week
1. HRB, ARB in November
2. Council in December
iii. Main Library added 1.7 million for added scope of 10 items that went to
Council on July 25.
iv. Artist was at Community meeting and showed demonstration of art project.
NEW BUSINESS
3. DISCUSSION -- Draft Financial Report Summary from Administrative
Services (Tarun Narayan)
a. Expenditures to date – summary spreadsheet
i. Auditor will recommend that Staff costs be reimbursed by Bond Measure.
ii. To Finance committee on Dec 6. at 600K in staff costs to date will be
increasing
iii. Report is positive in tone. Minor items were immediately corrected by staff.
iv. Take up in January at LBOC
v. Precedence for including staff costs? Have been included in Enterprise
Fund capital bonds.
1. Not originally part of $76 M cost estimate
2. Other entities have charged staff costs
vi. Previous Council direction was that staff costs shouldn’t be included.
vii. New vendors. Creative Machines and Big D.
4. ACTION – Approval of Quarterly Report to Finance Committee
a. Math error possible in columns 5 & 6. Needs to be corrected before committee can
vote to approve it.
5. ACTION– Mitchell Park Library & Community Center contingency
issue
a. Discussion of MPL & CC contingency issue.
b. Received report from staff on Council actions relative to MPL & CC contingency
issue.
6. ACTION – Officer elections
a. Chair - Jim Schmidt
b. Vice Chair - Sandra Hirsh
c. Elected unanimously. Effective after this meeting.
7. Next Steps
a. Next meeting: January 24, 2012
b. Next Council memo in November.
Adjourn 4:50 pm.
Mitchell Park Library Approved Change Orders (CO's) and Outstanding Potential
Change Orders (PCO's)
$0
$1,000,000
$2,000,000
$3,000,000
$4,000,000
$5,000,000
$6,000,000
$7,000,000
0%67%
100
%
Percent Completion
Co
s
t
Approved CO's
Outstanding PCO's
Flintco COR's
10% Contingency
20% Contingency
Mitchell Park Construction Contract Summary of Cost Amounts
(Council Authorized 20% Contingency shown in Red)
$24.365M
Base Contract
$32M
$1.622M Contingency Used
$3.251M Remaining
Contingency
0
5
10
15
20
25
30
35
Engineer's Estimate Construction Contract
$ i
n
M
i
l
l
i
o
n
s
$29.238M
$25.987M
$24.365M
Contingency
Funds
Library Bond Fund Utilization Projections
(January 2012)
(Dollars in Millions)
4
(DT)
5.212
(DT)
4.418
(DT)
$50M (Mitchell)
$49.043M
(Mitchell)
$41.594M
(Mitchell)
$18M (Main)
$18M
(Main)
$19.749M *
(Main)
4 (Other)
3.745
(Other)
2.37
(Other)
Cu
r
r
e
n
t
P
r
o
j
e
c
t
i
o
n
En
g
i
n
e
e
r
'
s
Es
t
i
m
a
t
e
Bo
n
d
E
l
e
c
t
i
o
n
Es
t
i
m
a
t
e
Dollars (Millions)
Downtown Library Mitchell Park Library Main Library Temporary Libraries & Bond Costs
$68.13M $76M
*The Main Library Projection was increased following Council approval on July 25, 2011 (Staff Report #1438) of approximately $1.7M of design
amendments and future building improvements related to deferred maintenance, code upgrades and service enhancements.
Palo Alto Library Projects
Monthly Progress Report
November / December 2011
Mitchell Park Library & Community Center
Main Library
Mitchell Park Main Entry
Table of Contents
Mitchell Park Library
Status Report
Management Summary
Action Items
Schedule Milestones
Main Library
Status Report
Management Summary
Library Closure Plan
Financial Summary
Data Date: 12/21/11
Mitchell Park Library &
Community Center
3700 Middlefield Road, Palo Alto
The new Mitchell Park Library and Community Center is a highly
sustainable joint-use facility that will be a vibrant destination for
civic, cultural, social, educational, and recreational activities. The
new center, which will replace undersized and aged facilities, is
made possible through Measure N and the strong partnership
between the city and the community. During construction,
temporary library and teen center facilities are available at the
Cubberley Community Center.
WEB CAM LINK: http://173.164.239.206/view/viewer_index.shtml
November/December 2011
PROJECT CONSTRUCTION
CONSTRUCTION BEGAN:
September 2010
SCHEDULED OPENING:
Fall 2012
PROJECT TEAM
OWNER:
City of Palo Alto Public Works
(650) 329-2295
ARCHITECT:
Group 4 Architecture,
Research + Planning Inc.
South San Francisco, CA
(650) 871-0709
GENERAL CONTRACTOR:
Flintco Pacific, Inc.
Folsom, CA
(916) 351-5400
CONSTRUCTION MANAGER:
Turner Construction Company
San Jose, CA
(408) 277-6370
FOR MORE INFORMATION
www.cityofpaloalto.org/libraryprojects
KEY ACCOMPLISHMENTS
Metal Roof Complete
Traffic Signals Near Completion
UPCOMING ACTIVITIES
Exterior Sheathing/Waterproofing
in Progress
Library HVAC Units Lifted on Roof
Library Roofing Started
November 2011
Progress Photos
Library Roofing Continues
Library Waterproof Flashing Started
New Bike Canopy Welding
Library Intensive Green Room Continues
Recycling
December 2011
Porous Concrete Parking Stalls Curing Library Entrance and Children’s Area
Library Sky Lights and HVAC Units Fall Protection Installation on Green Roofs
Library Children’s Patio Area Library Standing Seam Roofing
Library Exterior Waterproofing
Progress Photos
Mitchell Park Library & Community Center
Management Summary
November/December 2011
Noteworthy Accomplishments
Wall Sheathing Building A = 60%, B = 75%, C = 75%
Accel-E wall panels will be covered by the end of the year
Waterproofing Exterior Walls in progress
Silva cell installation complete
Glazing permit issued and material deliveries started
Major air conditioning equipment installed
Current Project Challenges:
Exterior wall dry-in is two months away
Mock up for curtain wall still not complete
Waterproofing expanded details need subcontractor coordination
Occupancy separation plan check not complete
Processing the high volume of change documentation and providing direction
Settle tube steel and exterior wall framing changes
Settle waterproofing and sheet metal changes
Submittals impacting material delivery and inspection
Key submittals (Photovoltaic, Solar, and Vehicle Chargers) need to be revised and approved
No sheet metal shop drawings
Safety
Contractor has no lost time incidents in 92,750 hours of work to date with 3 incidents reported
Public Safety is a priority outside the fence. No incidents reported to date
Quality Control
City & Special Inspectors had to reject exterior wall work several times
Quality Control Observation Reports : 42 have been issued and 5 remain open
Schedule:
Design, detailing and fabrication of exterior wall components are affecting schedule
Updates are not tied to baseline schedule. Maintain baseline as built for contract purposes
City & TCCO are reviewing schedule extension requests from contractor
Next Key Milestones:
Exterior Wall fluid applied waterproofing is incomplete. Work resumes in January
Building Dry In: Library 2/27/12
Mitchell Park Library & Community Center
Action Items
November/December 2011
Action Items Impact Responsible Due
Complete design on remaining exterior wall
framing components Tube Steel (G4) (at main
entry) Curtain wall (Flintco)
Cost impact and schedule
impact. Materials ordered.
G4
Flintco
LATE ! !
URGENT
Issue Expanded waterproofing details. Details
done, coordinate & issue ASI. ASI 091.1 issued
10/25/11
Needed to insure watertight
structure.
G4
Flintco
Goal8/31
Project
9/17
Deferred submittals to bldg dept Metal stud
walls (@ CPA/WC3), Glazing, Accel-E wall (A &
C Returned/Approved B @ CPA/WC3)
No inspection or cover up until
these are submitted. Still
outstanding at end of
September. Glazing due by
Flintco
Flintco
CPA
WC3
LATE ! !
URGENT
Gas service installation by CPA Utilities to be
installed 11/11/11. Authorized Flintco new
location
Need utility connections to
start up MEP systems Costs
may not be reflected in
current budget report
CPA Utilities
PWE
Turner
10/15
Negotiate settlement of productivity loss claims Claim will grow if not resolved. CPA
PWE
Flintco
Turner
9/30
Expect
12/30
Revised occupancy separation plan approved.
Complete drawings, issue ASI and process
through plan check. ASI 104 issued 10/25/11,
submitted to CPA/WC3 on 10/28/11
May result in rework and
affect inspection. Authorized
Flintco to proceed
G4
CPA Bldg.
WC3
9/30
agreed
10/21
ASI 104
Resolve extension of construction schedule
currently showing October 5, 2012 completion.
Contract completion is still April 29.
Cannot accept schedule
updates, settle further delays
or agree on recovery plans.
PWE
Flintco
Complete Purchasing Plan FF&E Purchasing
schedule Monthly meetings
Affects coordination of
building construction work—
particularly electrical and
mechanical
Turner
G4
PWE
1/31
Update non-bondable budget. Coordinate new
estimates with fund raising effort.
Affects fund raising effort for
non bond expenses
G4
CPA
Dan Noce
Mitchell Park Library & Community Center
Schedule Milestones
November/December 2011
* Dates are from Flintco’s MP-16 November Update
Mitchell Park Library & Community Center
Schedule Milestones
November/December 2011
Activity ID Bldg-A Bldg-B Bldg-C
Pad Certification 10/27/10 10/27/10 10/27/10
Foundation Complete 12/28/11 1/16/11 1/7/11
Frame & Place Slab on Grade 2/11/11 5/6/11 5/3/11
Top out Structural Steel Frame 5/31/11 4/15/11 5/12/11
2nd Floor Poured 4/16/11 X X
Roof Poured 5/31/11 6/24/11 6/21/11
Frame Ext Walls AEXT 4000 9/2/11 9/26/11 9/2/11
Building Dried In AEXT 5555 2/24/12 2/7/12 2/21/12
Frame Interior Walls AINT 1130 5/24/11 6/1/11 7/1/11
Insp - OK to hang drywall AINT 2090 3/12/12 3/7/12 3/7/12
Insp - MEP overhead AINT 1220 9/20/11 9/20/11 9/20/11
Casework Start Date AFIN 1090 5/21/12 3/9/12 5/11/12
Ceiling Complete AFIN 1120 6/8/12 5/3/12 5/15/12
Flooring Complete AFIN 1180 7/26/12 5/17/12 6/14/12
Permanent Power AINT 2120 4/12/12 5/10/12 5/24/12
Main Mechanical Online AEQU 1100 5/14/12 6/7/12 6/14/12
Elevator Complete AINT 2030 6/8/12 x x
Parking Paving Complete STE 1200 10/14/12 10/14/12 10/14/12
Substantial Completion PCO 5555 10/14/12 10/14/12 10/14/12
Certificate of Occupancy PCO 5050 11/21/12 11/21/12 11/21/12
Building Air out and Commissioning complete AEQU 1080 10/31/12 7/6/12 8/12/12
Completed
Completion Date
Main Library
1213 Newell Road, Palo Alto
The Palo Alto Main Library renovation and addition is in the final
phase of design “Better Libraries for Palo Alto” projects, funded by
the passage of Measure N by voters in 2008. The project incor-
porates upgrades to the historic building’s structural, electrical and
mechanical systems while preserving the integrity of architect Edwards
Durell Stone’s iconic design. The new addition includes a
program room and additional restrooms to extend the services of
this heavily-used branch. The project targets LEED certification.
Exterior View
November/December 2011
2011
PROJECT CONSTRUCTION
CONSTRUCTION BEGAN:
Winter 2012
SCHEDULED OPENING:
Winter 2013
PROJECT TEAM
OWNER:
City of Palo Alto Public Works
(650) 329-2295
ARCHITECT:
Group 4 Architecture,
Research + Planning Inc.
South San Francisco, CA
(650) 871-0709
CONSTRUCTION MANAGER:
TBD
FOR MORE INFORMATION
www.cityofpaloalto.org/libraryprojects
KEY ACCOMPLISHMENTS
Design Development Complete
Council Approved Scope Expansion
UPCOMING ACTIVITIES
Parking & Circulation Study
Main Library
Management Summary
November/December 2011
Noteworthy Accomplishments
Design development complete
Council approved scope expansion
Competed haz mat report
Current Project Challenges:
Final construction documents
Bidding project
Safety
No activities
Quality Control
No activities
Schedule:
Construction begins Winter 2012
Next Key Milestones:
Publish 100% design development estimate
Constructability review of 60% construction documents
Parking & circulation study
Closure Plan
November/December 2011
FA
L
L
WI
N
T
E
R
Main Library - Opening to the Public in Winter 2013
20
1
3
20
1
4
Mitchell Park Library & Community Center - Opening to the Public in the Fall 2012
Main Library Closes for construction
Mitchell Park Library and Community Center construction started, College Terrace
Library re-opened
Downtown Library re-opened
20
1
0
20
1
1
20
1
2
FA
L
L
FA
L
L
WI
N
T
E
R
SP
R
I
N
G
SP
R
I
N
G
SU
M
M
E
R
SU
M
M
E
R
FA
L
L
WI
N
T
E
R
SP
R
I
N
G
SU
M
M
E
R
WI
N
T
E
R
Financial Summary
November/December 2011
BUDGET COSTS
MEASURE
N
2008
ENGINEER'S
ESTIMATE PROJECTED RESERVES
09010 Cubberley Temporary Library 645,000 619,687 25,313
09005 Downtown Library 4,000,000 5,212,000 4,418,111 793,889
09006 Mitchell Park Library & C.C. 50,000,000 49,043,000 41,593,618 7,449,382
11000 Main Library 18,000,000 18,000,000 19,748,500 -1,748,500
11010 Art Center Temporary Library 500,000 500,000 0
Bonding and Financing Costs 4,000,000 2,600,000 1,250,000 1,350,000
BONDED AMOUNT 76,000,000 76,000,000 68,129,916 7,870,084
- - -