HomeMy WebLinkAboutID2442-Magical-Bridge-2-13-12City of Palo Alto (ID # 2442)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 2/13/2012
February 13, 2012 Page 1 of 3
(ID # 2442)
Summary Title: Magical Bridge Playground Design Contract
Title: Approval of a Contract with Royston Hanamoto Alley and Abey (RHAA) in
the Amount of $208,253 for Magical Bridge Playground Design (CIP PE-12013)
From:City Manager
Lead Department: Public Works
Recommendation
Staff recommends that Council approve a contract (Attachment A) with Royston
Hanamoto Alley and Abey (“RHAA”) in the amount of $208,253 for design services for
the Magical Bridge Playground project PE-12013. This amount includes $208,253 for
basic services and $41,747 for additional services, for a total amount not to exceed
$250,000.
Background
The Magical Bridge Playground project (the “Playground”) is a public-private partnership
between the City of Palo Alto (the “City”) and the community-based non-profit
organization, Friends of the Magical Bridge LLC (the “Friends”), to construct a
universally accessible playground. The City in FY 2012 approved $300,000 in Capital
Improvement (CIP PE-12013) funds to manage the initial design and permitting stages
of the Project and assist the Friends in locating a consultant to design the Playground.
The City, which is home to approximately 1,500 special needs children, is proportionally
one of the largest communities of special needs individuals on the west coast. The need
for a fully accessible playground prompted members of the community to form the
Friends of the Magical Bridge LLC in 2008 with a goal of creating a playground
accessible to all users. The Friends requested assistance from the City to identify a
location for a playground and aid in the design and installation process. The Community
Services Department staff identified an underutilized parcel of Mitchell Park
(approximately 18,000 square feet) as the preferred location for the Playground. The
Playground, which is adjacent to Abilities United, Achieve Center, and the Challenger
School, is an ideal location for the Playground. In July 2011, the Council approved a
Letter of Intent with the Friends (Attachment B) to assist with the design, construction
document, and bidding phases for the Playground, which is projected to be completed
by July 2013. During this window period, the Friends will work on fund raising to obtain
the $1.3M estimated construction cost to complete the Playground.
February 13, 2012 Page 2 of 3
(ID # 2442)
Discussion
The City and the Friends have worked together in selecting a design consultant to begin
the planning process of the Playground. RHAA was selected from the field of
candidates based on its experience in designing playgrounds, their qualified design
team and consultants, their historical link to Mitchell Park and their skill in facilitating a
design process involving multiple stakeholders.
The Friends have identified specific site elements they would like to see incorporated
into the design: a playhouse, slides, swings and merry-go-round as well as separate
areas of for passive and interactive play.
The scope of work to be performed by RHAA includes design of the Playground jointly
with the Friends and the City, producing construction drawings for bidding and building
purposes, and to administrate the construction bidding phase.
Staff requests the Council’s approval of the contract for the Playground project with
RHAA. (Attachment A)
Summary of Solicitation Process
Proposal Description/Number Name/Number of Proposal here
Proposed Length of Project Approximately 8 months
Number of Proposals Mailed 16
Total Days to Respond to Proposal 21
Pre-proposal Meeting Date Wed. Oct. 26, 2011
Number of Company Attendees at Pre-
proposal Meeting
11
Number of Proposals Received:6
Company Name Location (City,
State)
Selected for oral
interview?
1. Royston Hanamoto Alley & Abey (RHAA)San Francisco, CA Yes
2. Abbey & Arnold Associates San Rafael, CA No
3. O’Dell Engineering Modesto, CA Yes
4. Carducci Associates San Francisco, CA Yes
5. Gates & Associates San Rafael, CA No
6. Bellinger Foster Steinmetz Redwood City, CA Yes
Range of Proposal Amounts Submitted $148,350 to $225,279
An evaluation committee consisting of staff members from the Community Services
Department and Public Works Department’s Engineering Services, as well as a
committee representing the Friends reviewed the proposals. Four firms were invited to
participate in oral interviews on December 6, 2011. The committee carefully reviewed
each firm's qualifications and submittal in response to the criteria identified in the
Request for Proposal. The evaluation committee unanimously selected RHAA as the top
February 13, 2012 Page 3 of 3
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bidder due to their experience with playground design, familiarity with Mitchell Park and
Palo Alto, previous community-based projects and their knowledgeable consultants.
Timeline
The design, construction document and bidding phases will take approximatley 18
months to conduct.
Resource Impact
Funding for this phase of the Playground project is available in Capital Improvement
Program project Magical Bridge Playground PE-12013. The Friends are responsible to
raise the estimated $1.3 million for the construction. Initial fund-raising by the Friends
has begun with the bulk of the fund raising to commence once the design is completed
and solidified values of specific playground elements are established.
Policy Implications
This recommendation is consistent with existing City policies.
Environmental
The proposed project is subject to CEQA review and the appropriate environmental
analysis will be completed during the Planning entitlement process. It is anticipated that
a Mitigated Negative Declaration will be prepared for this project.
Attachments:
·A -Magical Bridge Contract (PDF)
·B -Letter of Intent Magical Bridge (PDF)
Prepared By:Peter Jensen,
Department Head:J. Michael Sartor, Director
City Manager Approval: ____________________________________
James Keene, City Manager
CITY OF PALO ALTO CONTRACT NO. C12143844
AGREEMENT BETWEEN THE CITY OF PALO ALTO AND
FOR PROFESSIONAL SERVICES
This Agreement is entered into on this day of February, 2012, ("Agreement") by
and between the CITY OF PALO ALTO, a California chartered municipal corporation ("CITY"),
and Royston Hanamoto Alley and Abey, a California corporation, located at 225 Miller Avenue,
Mill Valley CA 94941, Telephone 415-383-7900 ("CONSULTANT").
RECITALS
The following recitals are a substantive portion of this Agreement.
A. CITY intends to Develop a universally accessible playground "The Magical Bridge
Playground" and desires to engage a consultant to Design a Master Plan in connection with the
Project ("Services").
B. CONSULTANT has represented that it has the necessary professional expertise,
qualifications, and capability, and all required licenses and/or certifications to provide the Services.
C. CITY in reliance on these representations desires to engage CONSULTANT to provide the
Services as more fully described in Exhibit "A", attached to and made a part of this Agreement.
NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions,
contained in this Agreement, the parties agree:
AGREEMENT
SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described in
Exhibit "A" in accordance with the terms and conditions contained in this Agreement. The
performance of all Services shall be to the reasonable satisfaction of CITY.
D Optional On-Call Provision (This provision only applies if checked and only applies to on-call
agreements. )
Services will be authorized by the City, as needed, with a Task Order assigned and approved by the
City's Project Manager. Each Task Order shall be in substantially the same form as Exhibit A-I.
Each Task Order shall designate a City Project Manager and shall contain a specific scope of work, a
specific schedule of performance and a specific compensation amount. The total price of all Task
Orders issued under this Agreement shall not exceed the amount of Compensation set forth in
Section 4 of this Agreement. CONSULTANT shall only be compensated for work performed under
an authorized Task Order and the City may elect, but is not required, to authorize work up to the
maximum compensation amount set forth in Section 4.
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SECTION 2. TERM.
The term of this Agreement shall be from the date of its full execution through completion of the
services in accordance with the Schedule of Performance attached as Exhibit "B" unless terminated
earlier pursuant to Section 19 of this Agreement.
SECTION 3. SCHEDULE OF PERFORMANCE. Time is of the essence in the performance of
Services under this Agreement. CONSULTANT shall complete the Services within the term of this
Agreement and in accordance with the schedule set forth in Exhibit "B", attached to and made a part
of this Agreement. Any Services for which times for performance are not specified in this
Agreement shall be commenced and completed by CONSULTANT in a reasonably prompt and
timely manner based upon the circumstances and direction communicated to the CONSULTANT.
CITY's agreement to extend the term or the schedule for performance shall not preclude recovery of
damages for delay if the extension is required due to the fault of CONSULTANT.
SECTION 4. NOT TO EXCEED COMPENSATION. 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 One Two Hundred and Eight
Thousand Two Hundred and Fifty Three Dollars ($208,253). In the event Additional Services are
authorized, the total compensation for services and reimbursable expenses shall not exceed Two
Hundred Fifty Thousand Dollars ($250,000).
The applicable rates and schedule of payment are set out in Exhibit "C-1 ", entitled "HOURLY
RA TE SCHEDULE," which is attached to and made a part of this Agreement.
Additional Services, if any, shall be authorized in accordance with and subject to the provisions of
Exhibit "C". CONSULTANT shall not receive any compensation for Additional Services performed
without the prior written authorization of CITY. Additional Services shall mean any work that is
determined by CITY to be necessary for the proper completion of the Project, but which is not
included within the Scope of Services described in Exhibit "A".
SECTION 5. INVOICES. In order to request payment, CONSULTANT shall submit monthly
invoices to the CITY describing the services performed and the applicable charges (including an
identification of personnel who performed the services, hours worked, hourly rates, and
reimbursable expenses), based upon the CONSULTANT's billing rates (set forth in Exhibit "C-1 ").
If applicable, the invoice shall also describe the percentage of completion of each task. The
information in CONSULTANT's payment requests shall be subject to verification by CITY.
CONSULTANT shall send all invoices to the City's project manager at the address specified in
Section 13 below. The City will process and pay invoices within thirty (30) days of receipt.
SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All of the Services shall be
performed by CONSULTANT or under CONSULTANT's supervision. CONSULTANT represents
that it possesses the professional and technical personnel necessary to perform the Services required
by this Agreement and that the personnel have sufficient skill and experience to perform the Services
assigned to them. CONSULTANT represents that it, its employees and subconsultants, if permitted,
have and shall maintain during the term of this Agreement all licenses, permits, qualifications,
insurance and approvals of whatever nature that are legally required to perform the Services.
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All of the services to be furnished by CONSULTANT under this agreement shall meet the
professional standard and quality that prevail among professionals in the same discipline and of
similar knowledge and skill engaged in related work throughout California under the same or similar
circumstances.
SECTION 7. COMPLIANCE WITH LAWS. CONSULTANT shall keep itselfinformed of and
in compliance with all federal, state and local laws, ordinances, regulations, and orders that may
affect in any manner the Project or the performance of the Services or those engaged to perform
Services under this Agreement. CONSUL T ANT shall procure all permits and licenses, pay all
charges and fees, and give all notices required by law in the performance of the Services.
SECTION 8. ERRORS/OMISSIONS. CONSULTANT shall correct, at no cost to CITY, any and
all errors, omissions, or ambiguities in the work product submitted to CITY, provided CITY gives
notice to CONSULTANT. If CONSUL TANT has prepared plans and specifications or other design
documents to construct the Project, CONSULTANT shall be obligated to correct any and all errors,
omissions or ambiguities discovered prior to and during the course of construction of the Project.
This obligation shall survive termination of the Agreement.
SECTION 9. COST ESTIMATES. If this Agreement pertains to the design of a public works
project, CONSULTANT shall submit estimates of probable construction costs at each phase of
design submittal. If the total estimated construction cost at any submittal exceeds ten percent (10%)
of the CITY's stated construction budget, CONSULTANT shall make recommendations to the
CITY for aligning the PROJECT design with the budget, incorporate CITY approved
recommendations, and revise the design to meet the Project budget, at no additional cost to CITY.
SECTION 10. INDEPENDENT CONTRACTOR. It is understood and agreed that in performing
the Services under this Agreement CONSULTANT, and any person employed by or contracted with
CONSULTANT to furnish labor and/or materials under this Agreement, shall act as and be an
independent contractor and not an agent or employee of the CITY.
SECTION 11. ASSIGNMENT. The parties agree that the expertise and experience of
CONSUL T ANT are material considerations for this Agreement. CONSULTANT shall not assign or
transfer any interest in this Agreement nor the performance of any of CONSULTANT's obligations
hereunder without the prior written consent of the city manager. Consent to one assignment will not
be deemed to be consent to any subsequent assignment. Any assignment made without the approval
of the city manager will be void.
SECTION 12. SUBCONTRACTING.
DOption A: No Subcontractor: CONSULTANT shall not subcontract any portion of the work to
be performed under this Agreement without the prior written authorization of the city manager or
designee. .
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I:8JOption B: Subcontracts Authorized: Notwithstanding Section 11 above, CITY agrees that
subconsultants may be used to complete the Services. The subconsultants authorized by CITY to
perform work on this Project are:
endreStudio
BKF Engineers (Structural Engineer)
O'Moahony & Myer (Electrical Engineer)
LSA (Environmental Planner)
HortScience (Arborist)
Keith Christensen (Inclusion Consultant)
CONSUL TANT shall be responsible for directing the work of any subconsultants and for any
compensation due to subconsultants. CITY assumes no responsibility whatsoever concerning
compensation. CONSULTANT shall be fully responsible to CITY for all acts and omissions of a
subconsultant. CONSULTANT shall change or add sub consultants only with the prior approval of
the city manager or his designee.
SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Cordelia Hill as
the Design Team Leader to have supervisory responsibility for the performance, progress, and
execution of the Services and Act as the project Main Contact to represent the CONSULTANT
during the day-to-day work on the Project. If circumstances cause the substitution of the project
director, project coordinator, or any other key personnel for any reason, the appointment of a
substitute project director and the assigmnent of any key new or replacement personnel will be
subject to the prior written approval of the CITY's project manager. CONSULTANT, at CITY's
request, shall promptly remove personnel who CITY finds do not perform the Services in an
acceptable manner, are uncooperative, or present a threat to the adequate or timely completion of the
Project or a threat to the safety of persons or property.
The City's project manager is Elizabeth Ames, Public Works Department, Engineering Division,
250 Hamilton Ave., Palo Alto, CA 94303, Telephone:650-329-2902. The project manager will be
CONSUL T ANT's point of contact with respect to performance, progress and execution of the
Services. The CITY may designate an alternate project manager from time to time.
SECTION 14. OWNERSHIP OF MATERIALS. Upon delivery, all work product, including
without limitation, all writings, drawings, plans, reports, specifications, calculations, documents,
other materials and copyright interests developed under this Agreement shall be and remain the
exclusive property of CITY without restriction or lilnitation upon their use. CONSULTANT agrees
that all copyrights which arise from creation of the work pursuant to this Agreement shall be vested
in CITY, and CONSULTANT waives and relinquishes all claims to copyright or other intellectual
property rights in favor of the CITY. Neither CONSULTANT nor its contractors, ifany, shall make
any of such materials available to any individual or organization without the prior written approval
of the City Manager or designee. CONSULTANT makes no representation of the suitability of the
work product for use in or application to circumstances not contemplated by the scope of work.
CITY agrees to not use any work product for any purpose other than the purpose for which CITY
hires CONSULTANT under this Agreement, namely, to perform the design services, set forth in the
Scope of Services, Exhibit "A".
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SECTION 15. AUDITS. CONSULTANT will permit CITY to audit, at any reasonable time
during the term of this Agreement and for three (3) years thereafter, CONSULTANT's records
pertaining to matters covered by this Agreement. CONSULTANT further agrees to maintain and
retain such records for at least three (3) years after the expiration or earlier termination of this
Agreement.
SECTION 16. INDEMNITY.
~[Option A applies to the following design professionals pursuant to Civil Code Section
2782.8: architects; landscape architects; registered professional engineers and licensed
professional land surveyors.] 16.1. To the fullest extent permitted by law, CONSULTANT shall
protect, indemnify, defend and hold harmless CITY, its Council members, officers, employees and
agents (each an "Indemnified Party") from and against any and all demands, claims, or liability of
any nature, including death or injury to any person, property damage or any other loss, including all
costs and expenses of whatever nature including attorneys fees, experts fees, court costs and
disbursements ("Claims") that arise out of, pertain to, or relate to the negligence, recklessness, or
willful misconduct of the CONSULTANT, its officers, employees, agents or contractors under this
Agreement, regardless of whether or not it is caused in part by an Indemnified Party.
o [Option B applies to any consultant who does not qualify as a design professional as defined
in Civil Code Section 2782.8.] 16.1. To the fullest extent permitted by law, CONSULTANT shall
protect, indemnify, defend and hold harmless CITY, its Council members, officers, employees and
agents (each an "Indemnified Party") from and against any and all demands, claims, or liability of
any nature, including death or injury to any person, property damage or any other loss, including all
costs and expenses of whatever nature including attorneys fees, experts fees, court costs and
disbursements ("Claims") resulting from, arising out of or in any manner related to performance or
nonperformance by CONSULTANT, its officers, employees, agents or contractors under this
Agreement, regardless of whether or not it is caused in part by an Indemnified Party.
16.2. Notwithstanding the above, nothing in this Section 16 shall be construed to
require CONSULTANT to indemnify an Indemnified Party from Claims arising from the negligence
or willful misconduct of an Indemnified Party.
16.3. The acceptance of CONSULTANT's services and duties by CITY shall not
operate as a waiver of the right of indemnification. The provisions of this Section 16 shall survive
the expiration or early termination of this Agreement.
SECTION 17 . WAIVERS. The waiver by either party of any breach or violation of any covenant,
term, condition or provision of this Agreement, or of the provisions of any ordinance or law, will not
be deemed to be a waiver of any other term, covenant, condition, provisions, ordinance or law, or of
any subsequent breach or vio lation of the same or of any other term, covenant, condition, provision,
ordinance or law.
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SECTION 18. INSURANCE.
18.1. CONSULTANT, at its sole cost and expense, shall obtain and maintain, in full
force and effect during the term of this Agreement, the insurance coverage described in Exhibit liD".
CONSULTANT and its contractors, ifany, shall obtain a policy endorsement naming CITY as an
additional insured under any general liability or automobile policy or policies.
18.2. All insurance coverage required hereunder shall be provided through carriers
with AM Best's Key Rating Guide ratings of A-:VII or higher which are licensed or authorized to
transact insurance business in the State of California. Any and all contractors of CONSUL T ANT
retained to perform Services under this Agreement will obtain and maintain, in full force and effect
during the term of this Agreement, identical insurance coverage, naming CITY as an additional
insured under such policies as required above.
18.3. Certificates evidencing such insurance shall be filed with CITY concurrently
with the execution of this Agreement. The certificates will be subject to the approval of CITY's Risk
Manager and will contain an endorsement stating that the insurance is primary coverage and will not
be canceled, or materially reduced in coverage or limits, by the insurer except after filing with the
Purchasing Manager thirty (30) days' prior written notice of the cancellation or modification,
CONSULTANT shall be responsible for ensuring that current certificates evidencing the insurance
are provided to CITY's Purchasing Manager during the entire term of this Agreement.
18.4. The procuring of such required policy or policies of insurance will not be
construed to limit CONSULTANT's liability hereunder nor to fulfill the indemnification provisions
of this Agreement. Notwithstanding the policy or policies of insurance, CONSULTANT will be
obligated for the full and total amount of any damage, injury, or loss caused by or directly arising as
a result of the Services performed under this Agreement, including such damage, injury, or loss
arising after the Agreement is terminated or the term has expired.
SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES.
19.1. The City Manager may suspend the performance of the Services, in whole or
in part, or terminate this Agreement, with or without cause, by giving ten (10) days prior written
notice thereof to CONSULTANT. Upon receipt of such notice, CONSULTANT will immediately
discontinue its performance of the Services.
19.2. CONSUL TANT may terminate this Agreement or suspend its performance of
the Services by giving thirty (30) days prior written notice thereof to CITY, but only in the event of
a substantial failure of performance by CITY.
19.3. Upon such suspension or termination, CONSULTANT shall deliver to the
City Manager immediately any and all copies of studies, sketches, drawings, computations, and
other data, whether or not completed, prepared by CONSULTANT or its contractors, if any, or given
to CONSULTANT or its contractors, if any, in connection with this Agreement. Such materials will
become the property of CITY.
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19.4. Upon such suspension or termination by CITY , CONSULTANT will be paid
for the Services rendered or materials delivered to CITY in accordance with the scope of services on
or before the effective date (Le., 10 days after giving notice) of suspension or termination; provided,
however, if this Agreement is suspended or terminated on account of a default by CONSULTANT,
CITY will be obligated to compensate CONSULTANT only for that portion of CONSULTANT's
services which are of direct and immediate benefit to CITY as such determination may be made by
the City Manager acting in the reasonable exercise ofhis/her discretion. The following Sections will
survive any expiration or termination of this Agreement: 14, 15, 16, 19.4, 20, and 25.
19.5 . No payment, partial payment, acceptance, or partial acceptance by CITY will
operate as a waiver on the part of CITY of any of its rights under this Agreement.
SECTION 20. NOTICES.
All notices hereunder will be given in writing and mailed, postage prepaid, by
certified mail, addressed as follows:
To CITY: Office of the City Clerk
City of Palo Alto
Post Office Box 10250
Palo Alto, CA 94303
With a copy to the Purchasing Manager
To CONSULTANT: Attention of the project director
at the address of CONSULTANT recited above
SECTION 21. CONFLICT OF INTEREST.
21.1. In accepting this Agreement, CONSULTANT covenants that it presently has
no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would
conflict in any manner or degree with the performance of the Services.
21.2. CONSULTANT further covenants that, in the performance of this Agreement,
it will not employ subconsultants, contractors or persons having such an interest. CONSULTANT
certifies that no person who has or will have any financial interest under this Agreement is an officer
or employee of CITY; this provision will he interpreted in accordance with the applicable provisions
of the Palo Alto Municipal Code and the Government Code of the State of California.
21.3. If the Project Manager detennines that CONSULTANT is a "Consultant" as
that term is defined by the Regulations of the Fair Political Practices Commission, CONSULTANT
shall be required and agrees to file the appropriate financial disclosure documents required by the
Palo Alto Municipal Code and the Political Reform Act.
SECTION 22. NONDISCRIMINATION. As set forth in Palo Alto Municipal Code section
2.30.510, CONSULTANT certifies that in the performance of this Agreement, it shall not
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discriminate in the employment of any person because of the race, skin color, gender, age, religion,
disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status,
weight or height of such person. CONSULTANT acknowledges that it has read and understands the
provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination
Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section
2.30.510 pertaining to nondiscrimination in employment.
SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE
REQUIREMENTS. CONSULTANT shall comply with the City's Environmentally Preferred
Purchasing policies which are available at the City's Purchasing Department, incorporated by
reference and may be aInended from time to time. CONSULTANT shall comply with waste
reduction, reuse, recycling and disposal requirements of the City's Zero Waste Program. Zero
Waste best practices include first minimizing and reducing waste; second, reusing waste and third,
recycling or composting waste. In particular, Consultant shall comply with the following zero waste
requirements:
• All printed Inaterials provided by Consultant to City generated from a personal
computer and printer including but not limited to, proposals, quotes, invoices,
reports, and public education materials, shall be double-sided and printed on a
minimum of30% or greater post-consumer content paper, unless otherwise approved
by the City's Project Manager. Any submitted materials printed by a professional
printing company shall be a minimum of30% or greater post-consumer material and
printed with vegetable based inks.
• Goods purchased by Consultant on behalf of the City shall be purchased in
accordance with the City's Environmental Purchasing Policy including but not
limited to Extended Producer Responsibility requirements for products and
packaging. A copy of this policy is on file at the Purchasing Office.
• Reusable/returnable pallets shall be taken back by the Consultant, at no additional
cost to the City, for reuse or recycling. Consultant shall provide documentation from
the facility accepting the pallets to verify that pallets are not being disposed.
SECTION 24. NON-APPROPRIATION
24.1. This Agreement is subject to the fiscal provisions of the Charter of the City of
Palo Alto and the Palo Alto Municipal Code. This Agreement will terminate without any penalty (a)
at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year,
or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of
the fiscal year and funds for this Agreement are no longer available. This section shall take
precedence in the event of a conflict with any other covenant, term, condition, or provision of this
Agreement.
SECTION 25. MISCELLANEOUS PROVISIONS.
25.1. This Agreement will be governed by the laws of the State of California.
25.2. In the event that an action is brought, the parties agree that trial of such action
will be vested exclusively in the state courts of California in the County of Santa Clara, State of
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California.
25.3. The prevailing party in any action brought to enforce the provisions of this
Agreement may recover its reasonable costs and attorneys' fees expended in connection with that
action. The prevailing party shall be entitled to recover an amount equal to the fair market value of
legal services provided by attorneys employed by it as well as any attorneys' fees paid to third
parties.
25.4. This document represents the entire and integrated agreement between the
parties and supersedes all prior negotiations, representations, and contracts, either written or oral.
This document may be amended only by a written instrument, which is signed by the parties.
25.5. The covenants, terms, conditions and provisions of this Agreement will apply
to, and will bind, the heirs, successors, executors, administrators, assignees, and consultants of the
parties.
25.6. If a court of competent jurisdiction finds or rules that any provision of this
Agreement or any amendment thereto is void or unenforceable, the unaffected provisions of this
Agreement and any amendments thereto will remain in full force and effect.
25.7. All exhibits referred to in this Agreement and any addenda, appendices,
attachments, and schedules to this Agreement which, from time to time, may be referred to in any
duly executed amendment hereto are by such reference incorporated in this Agreement and will be
deemed to be a part of this Agreement.
25.8 If, pursuant to this contract with CONSULTANT, City shares with
CONSULTANT personal information as defined in California Civil Code section 1798.81.5(d)
about a California resident ("Personal Information"), CONSULTANT shall maintain reasonable and
appropriate security procedures to protect that Personal Information, and shall inform City
immediately upon learning that there has been a breach in the security of the system or in the
security of the Personal Information. CONSULTANT shall not use Personal Information for direct
marketing purposes without City's express written consent.
II
II
II
II
II
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25.9 All unchecked boxes do not apply to this agreement.
25.10 The individuals executing this Agreement represent and warrant that they
have the legal capacity and authority to do so on behalf of their respective legal entities.
IN WITNESS WHEREOF, the parties hereto have by their duly authorized
representatives executed this Agreement on the date first above written.
CITY OF PALO ALTO
City Manager
APPROVED AS TO FORM:
Title:
Senior Asst. City Attorney -+--i'---4'..L...L.~
Attachments:
EXHIBIT "A":
EXHIBIT "A-I"
, EXHIBIT "B":
EXHIBIT "C":
EXHIBIT "C-l ":
EXHIBIT "D":
SCOPE OF WORK
ON CALL TASK ORDER (Optional)
SCHEDULE OF PERFORMANCE
COMPENSA TION
SCHEDULE OF RATES
INSURANCE REQUIREMENTS
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Bridge Proj\C12143844_RHAA_Magical Bridge ProLRev2.doc
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EXHIBIT “A”
SCOPE OF SERVICES
Magical Bridge Playground
Scope of Work
1. General Information/Background
The City of Palo Alto in collaboration with the community non-profit group ‘Friends of the
Magical Bridge’ have formed a partnership to design and build a playground inclusive of
everyone in our community, including older adults and those with physical, visual, and
hearing impairments in Mitchell Park. Starting as a community based organization in
2008 with a goal of creating a playground accessible to all users, the Friends of the
Magical Bridge requested assistance from the City of Palo Alto to identify a location and
aid in the design and installation process of such a playground. An under utilized parcel
of Mitchell Park (approximately 22,000 square feet) was identified as the location for the
playground. In July of 2011, the City Council of Palo Alto formally signed a letter of
intent with the Friends of the Magical Bridge in which the design, construction package
and bidding for the playground will be completed by July 2013. During this window, the
Friends of the Magical Bridge will work on fund raising to obtain the $1.3M estimated
cost to complete the project.
2. Services
The City of Palo Alto taking the lead in the project and working in conjunction with the
Friends of the Magical Bridge are requesting the services of a Landscape Architectural
firm to develop a design and construction documents for the playground, facilitate
community and city meetings and to produce a phased construction package for bidding
and construction purposes. The full detail of services is outlined below.
TASK 1 PROJECT INITIATION
Task 1.1 Kick-off Meeting
An organization and scoping meeting will be held with City staff and the Friends of the
Magical Bridge to:
1. Introduce staff and “Friends” to the design consulting team
2. Review objectives of the Project
3. Review scope of services
4. Confirm project areas/boundaries
5. Collect available date and published material
6. Establish meeting and presentation schedule
7. Establish communication channels with all parties involved
8. Review and list all applicable design and planning standards
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9. Coordinate with City departments, other agencies and the Friends of the
Magical Bridge.
Changes to the Scope of Work will be made (if necessary) at the conclusion of this
effort, and an amended Scope and Schedule will be published.
The Design Consultant will continue to meet with City of Palo Alto staff as well as the
Friends of the Magical Bridge on a monthly basis, in person, to review progress on the
project and to keep all parties involved in the planning and design phases (6 monthly
meetings in addition to Kick-off meeting).
Task 1 Products
1. Meeting agenda / Presentation materials
2. Revised scope and schedule
TASK 2 PRELIMINARY INVESTIGATION
Task 2.1 Site Analysis
Analyze existing and built elements within the proposed playground site to guide
playground design.
1. Natural Site Elements
a. Topographic Survey: The design consultant is responsible to have
a topographic survey done of the proposed playground site. Survey
to provide information of grades, boundary lines, easements,
existing vegetation and other site elements.
b. Soils Report: The design consultant is responsible to have a soils
report produced for the playground site.
c. Sun/Shade Patterns: Observations of the playgrounds site
sun/shade patterns to determine best locations for specific play
elements that require shade and planting elements that require sun.
d. Meet with the City Arborist on site to inventory existing trees, and
review design constraints to maintain tree health.
e. Identify drip lines of Oak, Pines & Eucalyptus trees located in the
project area to understand areas of leaf and litter drop.
2. Built Site Elements
a. Adobe Creek Channel: The design consultant is to contact the
Santa Clara Valley Water District to review any easement or set-
back requirements that pertain to the channel. Discuss with the
SCVW District their requirements for maintenance that will need to
be incorporated into the design. Plot easements on the
topographic survey.
b. Channel Bridge: The design consultant is to report on the structural
integrity of the existing bridge that spans the Adobe Creek and
make recommendations of modifications that need to be performed
to the bridge to make it ADA compliant and more aesthetically
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pleasing. A consulting structural engineer assessment report will
be required.
c. Lighting, Parking & Traffic Studies: The design consultant is
responsible to perform lighting, parking & traffic studies for the
existing and proposed site conditions. The traffic report is to focus
on the impacts and constraints of parking & traffic the playground
will have on the surrounding area. Investigation of acquiring public
access easements on adjacent private properties shall be
considered in the analysis.
d. Pedestrian & Bike Access: Review existing pedestrian and bike
access to and through the site. Look for alternative routes for
bicyclists including exploration of the feasibility of a new bridge on
the east side of the tennis courts.
e. Fencing/Railing: Review the fencing that surrounds the playground
to determine its adequacy of providing safety and security.
Determine the feasibility of using the existing fencing to incorporate
design elements.
i. Channel fencing/railing
ii. Perimeter fencing
iii. Tennis court fencing
f. Permits, agreements and easements: Investigate all requirements
for construction and for improved public access on public and
adjacent private properties. This work shall include investigation of
permits required from the Santa Clara Water District for the
renovation and or replacement of the bridge spanning Adobe
Creek. Should adjacent property owners agree to public access
easements and parking on their property to provide access for the
project site, surveys and legal descriptions will be required. Create
a checklist of all permits required and impacts to schedule related
to these permits.
Task 2.2 Review Friends Concept Plan, Priority List and Goals
Review the concept plan and priority list of playground elements developed by the
Friends of the Magical Bridge
1. Concept Plan: Review and study the initial concept plan developed by the
Friends of the Magical Bridge for design ideas and guidance.
2. Priority List: Review the priority list composed by the Friends of the Magical
Bridge ranking the playground amenities. The priority list shall be utilized by
the design consultant in creating a phasing plan for construction.
3. Adhere to the goals of the Magical Bridge Friends that the entire playground
be inclusive to all members of the community.
4. Based on the priority list, create a list of all desired elements and possible
vendors for commercially available pieces. Identify desired custom features
and begin exploration of possible designs. Develop preliminary cost for each
element.
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Task 2 Products
1. Site topographic survey to include boundary, easement and all existing site
elements, survey and legal descriptions for public access easements
2. Soils Report
3. Sun/Shade Pattern Plan
4. Arborist Recommendations
5. Requirements of the Santa Clara Valley Water District
6. Existing Bridge Assessment Report
7. Preliminary Parking Alternatives, Parking and Traffic Study
8. Pedestrians & Bike Access Plan
9. Fence/Railing Plan
10. Priority List of Playground Amenities & Potential Costs
11. Tree Litter Patterns
TASK 3 DESIGN DEVELOPMENT
Task 3.1 Concept Plan
Utilizing the concept plan and priority list of playground amenities provided by the
Friends of the Magical Bridge, as well as all the information discovered in the Site
Analysis, the design consultant is to develop (2) separate concept plans prepared in
AutoCAD at a scale of 1 in. = 10 ft.. Plans should be on separate sheets and rendered,
showing all playground amenities, play structures & associated fall zones, pathways,
landscape areas, etc. The concept plans are to be developed with input from the
Friends of the Magical Bridge Design Committee and a consulting Physical Therapist
provided by the Friends of the Magical Bridge. The parking alternatives are to be
developed with input from the Friends of the Magical Bridge, adjacent property owners
and the community. RHAA and endreStudio will develop rendered plans with blowups
and photo images of key elements.
Task 3.2 Preliminary Cost Analysis
The design consultant will provide preliminary cost analysis for the proposed (2)
Concept Plans. Cost Analysis to include prices for site amenities as well as installation,
value engineering and construction phasing should funds not be available to
accommodate the maximum $1.3M in project construction funding for the playground,
parking, pathways, and renovation of the Adobe Creek bridge. Each element is to be
priced separately, including all soft costs. Cost analysis is to be used by the Friends
and the City to make budgetary design decisions. Included in the estimation of each
element will be any associated infrastructure cost necessary for completion of that
element. RHAA will use its experience to estimate the playground and landscape
elements, and endrestduio will estimate the bridge, fencing and any custom playground
pieces involving structural design.
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Task 3.3 Community Workshop
The design consultant shall facilitate a community workshop to review the concept plans
and facilitate further ideas from the community. Community members will work in table
groups to evaluate the two alternatives and will be asked to present their preferred
alternatives or combination of alternatives. The consultant is to prepare an agenda for
the workshop and submit it to city staff for review 2 weeks prior to the workshop.
Task 3.4 City and Agency Outreach and Review
The design consultant shall facilitate City and Agency outreach and review.
Presentation of the concept plans shall be presented to city boards and commissions as
well as outside agencies that have a stake in the project.
Public meetings with City Boards & Commissions
1. One Parks and Recreation Commission meeting
2. One Architectural Review Board meeting
3. One Planning and Transportation Commission meeting
4. One Palo Alto Bicycle Advisory Committee meeting
5. One Santa Clara Valley Water District concept review meeting
6. Three individual adjacent property owners concept review meetings
Task 3.5 Final Concept Plan
Take all information gathered in the community, city and agency meetings and meld the
two original concept plans into one final concept plan. The final concept plan shall be
prepared in AutoCAD at a scale of 1 in. = 10 ft, and fully rendered. The final concept
plan should also include sections through the playground as well as (3) perspective
images. The design consultant shall work with the Friends of the Magical Bridge to
prepare fund raising presentation package that includes the rendered plan, sections and
perspectives.
Task 3.6 Final Concept Cost Analysis
A cost analysis of the final concept plan will be prepared by the design consultant. The
design consultant shall work with the Friends of the Magical Bridge to prepare a fund
raising presentation package that includes the final concept cost analysis. Working with
the Friends of the Magical Bridge to develop the text, the consulting team will prepare a
brochure displaying the preferred plan with blow-up images of key areas, sections and
perspectives that tell the story. IN addition, RHAA will prepare a PowerPoint
presentation to be used for fund-raising.
Task 3.7 Community Concept Presentation
The design consultant shall facilitate a community concept presentation meeting to
present the final concept plan. Community members will again work at table groups to
review the final concept plan and to develop comments. The consultant is to prepare an
agenda for the meeting and submit it to city staff for review 2 weeks prior to the
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meeting.
TASK 3.8 Special Studies, Environmental Assessment and Certification
Consultant shall review, analyze and identify environmental impacts, including but not
limited to, removing and replacing the existing bridge, removal of vegetation,
demolishing curb, gutter and pavement areas, visual, tree canopy, parking, lighting and
construction impacts.
Consultant shall augment the City’s tree survey and prepare an arborist report, per the
City’s Tree Technical Manual available at the Civic Center 250 Hamilton Avenue on the
6th Floor, Public Works Engineering Division.
The consultant shall prepare all documents necessary for public release, including
consideration of staff input, preparing the Initial Study checklist (The consultant will
complete the City’s environmental checklist without completing an initial study of
CEQA). Consultant shall provide 10 copies (5 draft/ 5 final) complete environmental
assessments for City distribution.
Task 3.9 Presentation of Concept Plan
The design consultant shall facilitate a presentation of the final concept plan to the City
Council , boards and commissions to gain approval of the final concept plan and
environmental assessment. The design consultant will make any required revisions to
the concept plan requested by the City Council, boards and commissions and return to
that entity to gain final concept approval as necessary.
1. Parks and Recreation Commission (two meetings)
2. Planning and Transportation Commission (two meetings)
3. City Council meeting
Task 3 Work Products and Deliverables
1. (2) Concept Plans rendered (scale 1” = 10’)
2. Preliminary Cost Analysis for both concept plans
3. Community Workshop 1 agenda
4. Summary of the City and Agency reviews
5. Develop a decision matrix of cost estimates and pros and cons to incorporate
the various design components studied. The decision matrix shall be used to
develop the proposed alternatives and preferred option.
6. (1) Final Concept Plan (scale 1” = 10’) with sections and (3) color rendered
perspectives
7. Cost Analysis. Cost estimates shall be done by an estimating firm if the
consultant is unable to prepare in-house.
8. Fund raising presentation package including: Final Concept, sections, rendered
perspectives and final cost analysis (joint venture between the consultant and
Friends of the Magical Bridge)
9. Environmental assessment
10. Final Parking, Lighting and Traffic Studies
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11. Summary of Community Concept Presentation
12. Summary of City Council, boards and commissions Concept Plan Presentation
13. Finalized Concept Plan rendered (scale 1” = 10’) - Supply a CD of digitized plan
14. Conceptual Design Documents
Fifteen (15) full-size sets of color rendered submittal drawings for each public
meeting
Fifteen (15) half-size sets of colored rendered submittal drawings for each
public meeting
TASK 4 DESIGN DOCUMENTS
Task 4.1 Bridge Documents
The design consultant is to prepare construction plans and specifications for the
renovation of the bridge spanning Adobe Creek. The bridge design shall meet all ADA
standards and any requirements established by the Santa Clara Water District and city
building codes. Plans shall include all structural details, calculations and specifications
for the proposed work. Design of a new bridge will be an extra service, per the findings
of the structural inspection of the existing bridge.
Task 4.2 Phasing Plan
The design consultant is to prepare a construction phasing plan, base on the priorities
established by the Friends of the Magical Bridge from the original priority list and by the
Friends of the Magical Bridge Design Committee. Based on priorities and fundraising
efforts to meet the $1.3M funding goal, various phases of work shall be developed and
implemented should the funding goal not be achieved. The phasing plan will be
developed prior to starting construction documentation, so that Phase 1 construction
documentation represents the available funds. Add alternatives will be built into the
plans to allow additions of extra elements should supplementary funding become
available.
Task 4.3 Playground Design Documents - 60% Submittal
The design consultant is to prepare construction plans, estimates and specifications for
the playground. Plans to meet all ADA playground requirements and include all
structural details and specifications for proposed work.
Construction Package to Include:
1. Existing Site Survey Plan
2. Demolition and Tree Protection Plan
3. Grading & Drainage Plan & Details
4. Playground Construction Plan & Details
5. Layout Plan
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6. Playground Equipment & Fall Zone Plan & Details
7. Irrigation Plan & Details
8. Planting Plan & Details (including any impacts to existing trees)
9. Parking and Lighting Plan & Details
10. Traffic and Pedestrian/Bicyclist Circulation Plan
11. Storm Water Pollution Prevention Plan
12. Bridge Plan & Details
13. Written specification Package
14. Construction cost estimate
Task 4.3 Phasing Plan
The design consultant is to prepare a construction phasing plan, base on the priorities
established by the Friends of the Magical Bridge from the original priority list and by the
Friends of the Magical Bridge Design Committee. Based on priorities and fundraising
efforts to meet the $1.3M funding goal, various phases of work shall be developed and
implemented should the funding goal not be achieved.
Task 4.4 Construction Cost Estimate and Schedule
The design consultant is to prepare a construction cost estimate base on the cost
analysis prepared in Task 3.6 and value engineering to ensure the project remains
within the construction budget. The cost estimate shall include a 15% contingency.
Consultant shall revise the project schedule to identify milestones and to maintain the
project schedule to meet the goal of bidding the project in summer 2013.
Task 4 Work Products and Deliverables
1. Bridge Construction Plan and details
2. Playground Construction Plans and details (refer to 4.2)
3. Phasing plan and cost estimates
4. Traffic and pedestrian/bicyclist circulation plan
5. Probable construction cost estimates (based on phasing plans) and schedule
6. Technical Specifications
7. Design Documents
Five (5) full-size sets of 60% submittal drawings
Five (5) half-size set of 60% submittal drawings
Five (5) copies of 60% submittal technical specifications
TASK 5 CONSTRUCTION DOCUMENTS
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Task 5.1 Construction Documents Phase – 90% and 100% Submittals
1. Confer with City staff to respond to and address City and Community
comments on Design Development phase drawings.
2. Revise and complete the construction documents (drawings and
specifications) to a 90% submittal stage, based on the City’s comments on
the Design Development submittal. This submittal will be reviewed for final
plan check by City staff and should include, the 90% and 100% complete
construction plans, specifications and estimates, all appurtenant
information and design analyses required for building permits, if required,
such as final structural calculations and technical information for any
equipment or furnishings not previously reviewed. With the exception of
printing and binding, the 90% complete construction documents, from a
content viewpoint, should be ready for bidding with all technical
specifications for site improvements, equipment and furnishings, value
engineering, final cost estimate and phasing plan, 100% complete.
Task 5.2 Final Statement of Probable Costs
1. A final statement of probable construction cost shall be submitted,
including a 10% contingency not to exceed the construction budget of
$1.3M. This estimate shall be used as the City’s Engineer’s Estimate for
bid comparisons and to establish the Construction Budget.
Task 5.3 Construction Documents Phase – 100% Submittal/Bid Documents
1. Considering final review and plan check comments from City Staff, revise the
construction documents, and furnish signed reproducible copies of the 100%
complete construction documents (Plans, Estimates & Technical
Specifications) ready for reproduction and binding for bidding by the City.
City staff will prepare and include the Notice Inviting Bids, Proposal
Requirements and Instruction to Bidders, all required Proposal and Bond
forms, and Conditions of the Contract.
2. Prepare or review bid schedule(s) in consultation with City staff.
3. Allow for one additional public meeting or presentation if necessary during
this phase. A brief informational appearance before the Parks and
Recreation Commission may be required.
Task Work Products and Deliverables
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1. One (1) full-size sets of 90% and 100% submittal drawings (bond), signed
and stamped
2. Four (4) half-size sets of 90% and 100% submittal drawings
3. Four (4) copies of 90% and 100% submittal technical specifications
4. Compact disc containing electronic file versions (.pdf & .dxf formats) of the
drawings and specifications.
TASK 6 BIDDING PHASE
1. Prepare written drafts of addenda or clarifications of bid documents to staff for
review and acceptance.
2. Respond to all Request for Information (RFI’s) submitted by the contractors
during the bidding phase.
3. Attend (1) one meeting during the bidding phase to review all final bids.
TASK 7 CONSTRUCTION ADMINSRATION PHASE
1. After award of the construction contract, attend and participate in the pre-
construction meeting to be conducted by the City.
2. As requested by the City respond to contractors requests:
a. Review and respond to Contractor submittals and requests for
substitution.
b. Respond to Contractor’s requests for information (RFI) and
clarification.
c. Attend progress meetings and/or visit the site to observe the
work or to respond to inquiries or requests for clarification. Allow
for 3 meetings.
d. Interpret the contract documents
e. Review or evaluate construction schedule, schedule of values, change
orders and payment requests.
f. Preparation of proposal requests and review contractor’s
quotations for change orders.
g. Assist City in performing final review/evaluation and preparation of
punch list.
h. Attend close out meeting
** Total meetings Construction Phase: minimum of five (one pre-construction,
three construction and one close-out).
Task 8 PROJECT SCHEDULE UPDATES
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Consultant shall update the project schedule for each task. The tentative project
schedule is as follows:
1. Kick-off meeting – February 2012
2. Boards/commissions/community meetings –winter/spring 2012
3. Studies completed/environmental assessment– spring/summer 2012
4. Begin final design –summer 2012
5. Boards/commissions/community meeting– summer/fall 2012
6. Complete construction documents/obtain permits/easements (if necessary) -winter
2012/13
7. Bids opened/council award - July 2013 (2 years from date of notice of intent)
8. Begin Construction – pending available funding – fall/winter 2013
Extra Services
1. Any services required for a new bridge, including architectural design, structural
engineering and geotechnical engineering.
2. Full Environmental Impact Report for CEQA submittal (if project is not approved
for a negative declaration)
City Provided Documents and Services
1. Comprehensive plan
2. Initial Study Checklist
3. Pedestrian & bike master plan, tree survey
4. GIS utility information
5. As-builts for City parks and facilities
6. Advertising for public meetings
7. City Standard Plans and Details
8. Friends Concept Plan
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EXHIBIT “B”
SCHEDULE OF PERFORMANCE
CONSULTANT shall perform the Services so as to complete each milestone within the number
of days/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 Days/Weeks
From NTP
1. Task 1 30 Days
2. Task 2 60 Days
3. Task 3 90 Days
4. Task 4 90 Days
5. Task 5 90 Days
6. Task 6 30 Days
7. Task 7 To Completion of Construction
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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 calculated based on the hourly rate
schedule attached as exhibit C-1 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 Exhibit “A” (“Basic Services”) and reimbursable expenses shall not exceed
$208,253. 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 $41,747. 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 Representative 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 $208,253 and the total
compensation for Additional Services does not exceed $250,000.
BUDGET SCHEDULE NOT TO EXCEED AMOUNT
Task 1 (Project Initiation) $9,500.00
Task 2 (Site Inventory & Analysis) $28,000.00
Task 3 (Design Development) $53,000.00
Task 4 (Design Document) $53,000.00
Task 5 (Construction Document) $42,000.00
Task 6 (Bidding Phase) $5,000.00
Task 7 (Construction Administration & Scheduling) $8,753.00 _______________________________________________________________________________________________
Sub-total Basic Services $199,253
Reimbursable Expenses $9,000
Total Basic Services and Reimbursable expenses $208,253
Additional Services (Not to Exceed) $41,747
Maximum Total Compensation $250,000
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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.
Expenses for which CONSULTANT shall be reimbursed are: $9000
A. Travel outside the San Francisco Bay area, including transportation and meals, will be
reimbursed at actual cost subject to the City of Palo Alto’s policy for reimbursement of
travel and meal expenses for City of Palo Alto employees.
B. Long distance telephone service charges, cellular phone service charges, facsimile
transmission and postage charges are reimbursable at actual cost.
All requests for payment of expenses shall be accompanied by appropriate backup
information. Any expense anticipated to be more than $100 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 Finance
Department 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:
Extra City Council Meetings
Extra Community Meetings
Extra City Advisory Board Meetings
Expanded Traffic Study Report
New Bridge Design
Full CEAQ Report (EIR)
Geotechnical Report
Water Feature Design
Building Design
Other related work
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EXHIBIT “D”
INSURANCE REQUIREMENTS
CONTRACTORS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE CONTRACT
OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY
COMPANIES WITH AM BEST’S KEY RATING OF A-:VII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT
INSURANCE BUSINESS IN THE STATE OF CALIFORNIA.
AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AS SPECIFIED, BELOW:
MINIMUM LIMITS
REQUIRED TYPE OF COVERAGE REQUIREMENT EACH
OCCURRENCE AGGREGATE
YES
YES
WORKER’S COMPENSATION
EMPLOYER’S LIABILITY
STATUTORY
STATUTORY
YES
GENERAL LIABILITY, INCLUDING
PERSONAL INJURY, BROAD FORM
PROPERTY DAMAGE BLANKET
CONTRACTUAL, AND FIRE LEGAL
LIABILITY
BODILY INJURY
PROPERTY DAMAGE
BODILY INJURY & PROPERTY DAMAGE
COMBINED.
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
YES AUTOMOBILE LIABILITY, INCLUDING
ALL OWNED, HIRED, NON-OWNED
BODILY INJURY
- EACH PERSON
- EACH OCCURRENCE
PROPERTY DAMAGE
BODILY INJURY AND PROPERTY
DAMAGE, COMBINED
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
YES
PROFESSIONAL LIABILITY, INCLUDING,
ERRORS AND OMISSIONS,
MALPRACTICE (WHEN APPLICABLE),
AND NEGLIGENT PERFORMANCE
ALL DAMAGES $1,000,000
YES THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONTRACTOR, AT ITS SOLE COST AND
EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY
RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONTRACTOR AND ITS
SUBCONSULTANTS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’ COMPENSATION, EMPLOYER’S LIABILITY AND
PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS,
AND EMPLOYEES.
I. INSURANCE COVERAGE MUST INCLUDE:
A. A PROVISION FOR A WRITTEN THIRTY DAY ADVANCE NOTICE TO CITY OF CHANGE IN
COVERAGE OR OF COVERAGE CANCELLATION; AND
B. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR
CONTRACTOR’S AGREEMENT TO INDEMNIFY CITY.
C. DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITY’S PRIOR APPROVAL.
II. CONTACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE.
III. ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO “ADDITIONAL
INSUREDS”
A. PRIMARY COVERAGE
WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE AS
AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING WITH ANY OTHER
INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS.
B. CROSS LIABILITY
THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE POLICY
SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER,
Professional Services
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BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL
LIABILITY OF THE COMPANY UNDER THIS POLICY.
C. NOTICE OF CANCELLATION
1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON
OTHER THAN THE NON-PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL
PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE
EFFECTIVE DATE OF CANCELLATION.
2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-
PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A
TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
NOTICES SHALL BE MAILED TO:
PURCHASING AND CONTRACT ADMINISTRATION
CITY OF PALO ALTO
P.O. BOX 10250
PALO ALTO, CA 94303
Friends of the Magical Bridge LLC
c/o Olenka Villarreal
416 Fulton Street
Divisions Palo Alto, CA 94301
. Arts & Culture Human Services & . Cubberley Community Centdittn.: Olenka Villarreal, Dawn
Parks & Golf nbS' Recreation & Youth Sciences'"'e ra zescel Open Space
RE:
Dear Olenka,
1.
110627 dm 0073553
Printed with soy-based inks on 100% recycled paper processed without chlorine
CitY-of Palo Alto
Department of Community Services
July 18,2011
Lucie Stem Center
1305 Middlefield Roa:d r<t1~.Alto, CA 94301
500.4'63.4900
650.321.5612 fax
J
City Manager Approval:
July 18, 2011
(ID # 1855)
James Keene, City Manager
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