HomeMy WebLinkAboutID2457-Design-Contract-City-Hall-First-Floor-Renovation-3-5-12City of Palo Alto (ID # 2457)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 3/5/2012
March 05, 2012 Page 1 of 6
(ID # 2457)
Summary Title: Design Contract -City Hall First Floor Renovation
Title: Elimination and Defunding of Capital Improvement Program Project PF-
12005 (Council Conference Room Renovation); Approval of Capital Improvement
Program Project PE-12017 (City Hall First Floor Renovation); Adoption of a
Budget Amendment Ordinance in the Amount of $189,000; and Approval of a
Contract with WMB Architects, Inc. in the Amount of $178,717 for Design of the
City Hall First Floor Renovation Project
From:City Manager
Lead Department: Public Works
Recommendation
Staff recommends that Council:
1.Approve the elimination and defunding of Capital Improvement Program Project
PF-12005, Council Conference Room Renovation;
2.Approve the creation of new Capital Improvement Program Project PE-12017,
City Hall First Floor Renovation (Attachment A), including the attached Budget
Amendment Ordinance (BAO) in the amount of $189,000 (Attachment B) for the
design of architectural upgrades to selected areas on the first floor of City Hall;
and
3.Approve and authorize the City Manager or his designee to execute the attached
contract with WMB Architects, Inc. (Attachment C) in the amount of $178,717 for
the design of City Hall First Floor Renovations (Capital Improvement Program
Project PE-12017),including $162,470 for basic services and $16,247 for
additional services.
Background
Palo Alto City Hall was originally constructed in 1971. Although the building has
recently undergone a thorough mechanical, electrical, and exterior refurbishment, some
of the interior areas remain functionally inadequate and aesthetically dated. There are
specific deficiencies in some of the public meeting and gathering areas that hinder the
ability of staff and the Council to interact effectively with members of the public. In
particular, the Council Conference Room is undersized, has outdated architectural
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treatments and furnishings, and lacks modern amenities such as flexible seating and
efficient lighting and technological resources such as equipment for audio-visual
presentations. The adopted FY2012 Capital Improvement Program (CIP) budget
included an appropriation of $125,000 for renovation of the Council Conference Room
(CIP Project PF-12005).
Discussion
While developing a detailed scope of work for the Council Conference Room Renovation
project, staff identified additional building elements on the first floor of City Hall that
exhibit deficiencies similar to those in the Council Conference Room and is proposing to
include them in the scope of a comprehensive revised CIP project for the renovation of
the first floor public areas for Council consideration. For example, the Lobby area is not
welcoming to visitors, is not laid out to make efficient use of the space, and lacks
effective means for the proper display of public art. The Human Resources Conference
Room exhibits many of the same aesthetic and functional shortcomings as the Council
Conference Room. The elevator cabs have worn-out wall and floor finishes, harsh
lighting, and inadequate building information and directional signage. There is also a
glaring need to improve the signage and other wayfinding information at the various
building entrances and on the first floor of City Hall in order to assist members of the
public with finding the staff members and services that can meet their needs.
Based upon the needs assessment described above, staff issued a Request for
Proposals (RFP) seeking an architectural firm to design modifications to the identified
areas on the first floor of Palo Alto City Hall in order to improve the building’s
aesthetics, increase the functionality of the conference rooms and lobby for public
meetings and gatherings, and improve visitors’ ability to find specific staff members and
public services. The scope of work outlined in the RFP included the following elements:
Task 1: City Hall Lobby Design Modifications
·Transform the Lobby into an attractive and welcoming space to display public art
and facilitate gatherings and events with new furnishings, wall treatments, and
lighting.
·Design an improved display mounting system to create a more attractive, functional,
and safe environment for the display of artwork.
·Establish signage and an electronic information kiosk to provide wayfinding
information to the public.
·Create paths for foot traffic through the lobby which create protected spaces
conducive to small gatherings.
Task 2: City Hall Council Conference Room Design Modifications
·Transform the Council Conference Room into a more modern and usable space
which will more readily accommodate the multitude of departments and
Committees, Boards, and Commissions that utilize the area.
·Explore opportunities to enlarge the existing area via the removal of the existing
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east wall and incorporation of the adjoining corridor into a larger and more usable
meeting space.
·Provide room layout and flexible seating arrangements that will improve the
interface between Committee/Board/Commission members and audience members
during public meetings.
·Design a more modern method for effective presentation delivery to accommodate
conferences and public presentations via electronic media.
·Modernize the area utilizing newly-designed lighting, wall coverings, flooring, and
furniture.
Task 3: City Hall Human Resources Conference Room Design
·Transform the Human Resources Conference Room into a more modern and usable
space.
·Design a more modern method for effective presentation delivery to accommodate
conferences and small department presentations via electronic media.
·Modernize the area utilizing newly-designed lighting, wall coverings, flooring, and
furniture.
Task 4: City Hall Wayfinding Design Modifications
·Design a programmatic and unified City Hall signage program that will readily direct
members of the public to service locations throughout the various departments on
all levels of City Hall including paths of travel from the exterior of the building.
·Improve signage on the building exterior to direct members of the public to the
Police Department offices on Forest Avenue. Coordinate the new signage with the
signage on the Downtown Library across the street.
·Provide an easy means of identifying parking locations in the underground City Hall
Garage which will readily assist customers in relocating their vehicle.
Task 5: City Hall Way Elevator Cabs Refurbishment Modifications
·Upgrade and modernize interior cab panels, including all sides, doors, flooring, and
ceiling.
·Provide a more energy-efficient lighting system that will provide softer, more
diffused illumination.
·Modernize the signage direction/display systems and integrate with the overall
wayfinding system.
The RFP for the project was sent to prospective consultants and posted on the City’s
web site on November 14, 2011. The following table summarizes the results of the RFP
solicitation:
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Summary of Solicitation Process
Proposal Description/Number
Design Services for the Evaluation,
Analysis, and Design of Architectural
Upgrades
at Palo Alto City Hall
Proposed Length of Project 180 Calendar Days
Number of Request for Proposals Mailed 7
Total Working Days to Respond to
Proposal 20 Working Days
Number of Proposals Received 11
Company Name Location
(City, State)
Selected for Oral
Interview?
1. BFGC-IBI Group San Jose, CA No
2. Architecture 3 San Francisco, CA Yes
3. WMB Architects Stockton, CA Yes
4. Huntsman Architectural Group San Francisco, CA Yes
5. Brad Cox Architect San Jose, CA No
6. Eduardo Martinez Architects Mountain View, CA No
7. Heller Manus Architects San Francisco, CA Yes
8. FCA Architecture San Francisco, CA No
9. Kitchell San Jose, CA No
10. Carrasco & Associates Architects Palo Alto, CA No
11. Mock/Wallace Architects San Francisco, CA No
Range of Proposal Amounts
Submitted $57,630 -$191,940
An evaluation committee consisting of representatives from the Public Works
Engineering Services and Public Services Divisions and a member of the City Manager’s
Office reviewed the proposals. Four firms were invited to participate in oral interviews
on January 18, 2012. The committee carefully reviewed each firm's qualifications and
submittal in response to the criteria identified in the RFP. The committee reviewed
each firm's qualifications relative to its experience in architectural and interior design,
conference room layout and audio-visual system integration, and design of innovative
signage and wayfinding programs. Consideration was also given to the quality of the
proposers’ project approach, performance on past projects, qualifications of the specific
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staff to be assigned to the project, and understanding of the project goals. WMB
Architects, Inc. and their design partner, Square Peg Design, were selected because of
the depth and quality of their design experience, particularly with respect to wayfinding
and public art displays, the exceptional qualifications of their proposed project design
team, and the strength of their proposed project design approach.
Based on the aesthetic and functional deficiencies throughout the first floor of City Hall
and in an effort to create a unified, coordinated appearance for this important public
space, staff recommends that Council eliminate and defund previously approved CIP
Project PF-12005, Council Conference Room Renovation, and reprogram the $125,000
towards a new comprehensive CIP project that addresses all of the identified
deficiencies on the first floor of City Hall. Staff recommends that Council approve the
creation of new CIP Project PE-12017, City Hall First Floor Renovation, which is depicted
in the attached CIP project description page.In addition, staff is requesting Council
approval of a Budget Amendment Ordinance (BAO) in the amount of $189,000 to fund
the new project and provide sufficient funds to design all of the desired building
amenities. Funds for the BAO would be a combination of the $125,000 from defunded
CIP Project PF-12005 and $64,000 from the balance of remaining funds in CIP Project
PF-01002, Civic Center Infrastructure Improvements.
Timeline
The design of the architectural upgrades to the first floor of City Hall will be completed
by August 2012. Subsequently, construction of the improvements will take place during
Fall 2012. If feasible, construction of selected project elements may be fast-tracked to
allow for the work to take place during the Council break in August 2012.
Resource Impact
The Budget Amendment Ordinance is necessary to appropriate funds in the amount of
$189,000 to fund the design of the proposed City Hall first floor renovations, including
miscellaneous project-related expenses, such as permit fees, printing, and materials
testing.The funds for the BAO will be derived from a combination of of the $125,000
from defunded CIP Project PF-12005 and $64,000 from the balance of remaining funds
in CIP Project PF-01002. Although a detailed estimate of construction costs for the
proposed comprehensive first floor renovations will not be available until the consultant
conducts the project design work, it is anticipated that the improvements would cost
approximately $1,100,000.
Funds for the construction phase of the City Hall First Floor Renovations, which would
be derived from a combination of the balance of remaining funds in CIP Project PF-
01002 and the Infrastructure Reserve, would be included in the FY2013 proposed
Capital budget. That said, the decision to fund some or all of the design
recommendations will be up to the Finance Committee and Council. These
improvements are necessary to effective public use of City Hall, but contruction timing
will depend upon the availability of funding. The concept of the the First Floor
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Renovations arose after the compilation of the needs list prepared for the Infrastructure
Blue Ribbon Commission (IBRC), and, therefore, the project was not included in the set
of infrastructure improvements recommended by the IBRC. The IBRC report did,
however, recommend additional funding for new projects such as this one which
emerge following the publication of their infrastructure report.
Environmental Review
This project is categorically exempt from the provisions of the California Environmental
Quality Act (CEQA) under Section 15301 of the CEQA Guidelines as repair, maintenance
or minor alteration of an existing facility and no further environmental review is
necessary.
Attachments:
·A -CIP PE-12017 City Hall First Floor Renovations (PDF)
·B -Budget Amendment Ordinance (DOC)
·C -Contract with WMB Architects, Inc.(PDF)
Prepared By:Joe Teresi, Senior Engineer
Department Head:J. Michael Sartor, Director
City Manager Approval: ____________________________________
James Keene, City Manager
City of Palo Alto Capital Budget FY 2012
PF-12005Council Conference Room Renovations
CITY HALL FIRST FLOOR RENOVATIONS (PE-12017)
/&8
FUTURE FINANCIAL REQUIREMENTS
FY 2012 FY 2013 FY 2014 FY 2015 FY 2016 Total Funding
Pre-Design Costs
Design Costs $189,000 $189,000
Construction Costs $1,100,000 $1,100,000
Other
Total Budget Request $189,000 $1,100,000 $1,289,000
Revenues:
Source of Funds:Infrastructure Reserve
CIP FACTS:
• New
• Project Status: Design
• Timeline: FY 2012-2013
• Overall Project Completion: 0%
• Managing Department: Public Works
• Comprehensive Plan: Policy C-24
• Potential Board/Commission Review: ARB
IMPACT ANALYSIS:
• Environmental: This project is categorically
exempt from CEQA under Section 15301.
• Design Elements: May require ARB review
• Operating: None
• Telecommunications: None
Description: The project will upgrade the aesthetics and functionality
of the Council Conference Room, Human Resources Conference Room,
Lobby area, and elevator cabs at City Hall. Improvements will create
efficient, flexible meeting spaces, with upgrades to architectural
finishes, furniture, audio-visual equipment, and improved capability for
display of public art. Signage and wayfinding improvements will be
implemented to direct City Hall visitors to their desired destinations.
Justification: The conference rooms on the First Floor of City Hall are
aesthetically-dated, functionally-obsolete, and do not include modern
audio-visual equipment for public meetings. The Lobby needs
transformation into a more welcoming public space, with flexible
accommodations for small gatherings and improved capability for
display of public art. The finishes and lighting in the elevator cabs are
dated and worn. There is a need to improve signage and directional
information for City Hall visitors.
Consultant Services Scope: A consultant will design improvements
for conference rooms, the lobby, elevator cabs, and signage.
Supplemental Information: Architectural Review Board (exterior
signage/wayfinding)
Attachment A
Attachment B
ORDINANCE NO.xxxx
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
AMENDING THE BUDGET FOR THE FISCAL YEAR 2012 TO
ELIMINATE AND DEFUND CAPITAL IMPROVEMENT PROGRAM
PROJECT NUMBER PF-12005, COUNCIL CONFERENCE ROOM
RENOVATIONS, AND TO PROVIDE AN APPROPRIATION OF
$189,000 TO CAPITAL IMPROVEMENT PROGRAM PROJECT
NUMBER PE-12017, CITY HALL FIRST FLOOR RENOVATIONS
The Council of the City of Palo Alto does ordain as follows:
SECTION 1. The Council of the City of Palo Alto finds and
determines as follows:
A. Pursuant to the provisions of Section 12 of Article
III of the Charter of the City of Palo Alto, the Council on
June 20, 2011 did adopt a budget for fiscal year 2012; and
B.In fiscal year 2012, the Council did adopt a budget
for CIP Project PF-12005, Council Conference Room Renovations,
with an initial appropriation of $125,000; and
C.The scope of CIP Project PF-12005 was limited to
making renovations to the Council Conference Room. Additional
building elements on the first floor of City Hall have been
identified as deficient. CIP Project PE-12017, City Hall
First Floor Renovations, is now established to expand the
original project scope to include the City Hall Lobby, Human
Resources Conference Room, City Hall signage program, and City
Hall elevator cabs; and
D. A Request for Proposal (RFP) to solicit design
services for the evaluation, analysis, and design of
architectural upgrades at City Hall for CIP Project PE-12017
was sent to prospective consultants and posted on the City’s
website on November 14, 2011. Proposals were received from
eleven firms. WBM Architects, Inc. was selected based on the
depth and quality of their design experience at a cost of
$178,717. In addition, $10,283 is needed for miscellaneous
project-related expenses, such as permit fees, printing, and
materials testing; and
E. The initial appropriation of $125,000 for CIP Project
PF-12005, Council Conference Room Renovations, is moved to CIP
Project PE-12017, City Hall First Floor Renovations. Funding
of $64,000 from CIP Project PF-01002, Civic Center
Infrastructure Improvements,will be transferred to CIP
Project PE-12017, City Hall First Floor Renovations,to cover
the remaining funding needs. CIP Project PF-12005, Council
Conference Room Renovations, will be closed; and
F. City Council authorization is needed to amend the 2012
budget as hereinafter set forth.
SECTION 2.The sum of One Hundred Twenty-Five Thousand
Dollars ($125,000) is hereby transferred from CIP Project
Number PF-12005 Council Conference Room Renovations to CIP
Project Number PE-12017 City Hall First Floor Renovations.
SECTION 3. The sum of Sixty-Four Thousand Dollars
($64,000) is hereby transferred from CIP Project Number PF-
01002 Civic Center Infrastructure Improvements to CIP Project
Number PE-12017 City Hall First Floor Renovations.
SECTION 4.The sum of One Hundred Eighty-Nine Thousand
Dollars ($189,000) is hereby appropriated to CIP Project
Number PE-12017 City Hall First Floor Renovations.
SECTION 5. As specified in Section 2.28.080(a) of the
Palo Alto Municipal Code, a two-thirds vote of the City
Council is required to adopt this ordinance.
SECTION 6. As provided in Section 2.04.330 of the Palo
Alto Municipal Code, this ordinance shall become effective
upon adoption.
SECTION 7.This project is categorically exempt from the
California Environmental Quality Act (CEQA) pursuant to the
CEQA guidelines (Section 15301) for renovation of existing
facilities.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
ATTEST:APPROVED:
City Clerk Mayor
APPROVED AS TO FORM:
City Manager
Senior Assistant City
Attorney
Director of Public Works
Director of Administrative
Services
Professional Services
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CITY OF PALO ALTO CONTRACT NO. C12144101
AGREEMENT BETWEEN THE CITY OF PALO ALTO AND WMB ARCHITECTS, INC.
FOR PROFESSIONAL SERVICES
This Agreement is entered into on this 5th day of March, 2012, (“Agreement”) by and
between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and
WMB ARCHITECTS, INC., a California corporation, located at 246 E. Main Street, Stockton, CA
95202 ("CONSULTANT").
RECITALS
The following recitals are a substantive portion of this Agreement.
A. CITY intends to implement the City Hall First Floor Renovation Project (“Project”) and
desires to engage a consultant to provide professional architectural design services for architectural
upgrades 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.
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.
Professional Services
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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 Hundred Sixty-Two
Thousand Four Hundred Seventy Dollars ($162,470). In the event Additional Services are
authorized, the total compensation for services and reimbursable expenses shall not exceed One
Hundred Seventy-Eight Thousand Seven Hundred Seventeen Dollars ($178,717).
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.
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 generally 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.
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 itself informed 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. CONSULTANT shall procure all permits and licenses, pay all
charges and fees, and give all notices required by law in the performance of the Services.
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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 CONSULTANT 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
CONSULTANT 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. 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:
1) Guttmann and Blaevoet (Mechanical/Electrical Engineers/Audio-Visual)
2) Ingraham DeJesse (Structural Engineers)
3) Square Peg Design (Wayfinding Consultant)
CONSULTANT 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 subconsultants only with the prior approval of
the city manager or his designee.
SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Tom Bowe as the
project director to have supervisory responsibility for the performance, progress, and execution of
the Services and to represent 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 assignment 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
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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 Joe Teresi, Public Works Department, Engineering Services Division,
250 Hamilton Avenue, Palo Alto, CA 94301, Telephone:(650) 329-2129. The project manager will
be CONSULTANT’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 limitation 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, if any, 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.
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.
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.
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 active
negligence, sole 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
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be deemed to be a waiver of any other term, covenant, condition, provisions, ordinance or law, or of
any subsequent breach or violation of the same or of any other term, covenant, condition, provision,
ordinance or law.
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 "D".
CONSULTANT and its contractors, if any, 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 CONSULTANT
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. CONSULTANT 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
Professional Services
Rev. June 2, 2010
6
to CONSULTANT or its contractors, if any, in connection with this Agreement. Such materials will
become the property of CITY.
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 (i.e., 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 of his/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 be 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 determines 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
Professional Services
Rev. June 2, 2010
7
2.30.510, CONSULTANT certifies that in the performance of this Agreement, it shall not
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 amended 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 materials 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 of 30% 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 of 30% 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
Professional Services
Rev. June 2, 2010
8
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.
//
//
//
//
//
25.9 All unchecked boxes do not apply to this agreement.
Professional Services
Rev. June 2, 2010
10
EXHIBIT “A”
SCOPE OF SERVICES
Square Peg Design
City of Palo Alto City Hall | Revised January 27, 2012
pg 2
SCOPE OF WORK | WORK PLAN PROPOSALPARAGRAPH 5.4
SCOPE OF WORK
The Square Peg Proven Project Approach and Design Process
Square Peg employs a proven project process and design approach based on a well defined schedule of evaluation,
progress and milestone review meetings with the Client and the Design team The checks and balances built in the this
highly collaborative process ensures that the
• Vision and goals are clearly understood at the onset of the project
• Pertinent information is collected and analyzed
• Design work is concepted and refined based on multiple reviews by the Client and Design Team
• Documentation is subjected to multiple reviews
• One or more of the key sign types are prototyped prior to final production for Client and Design Team
approval.
• Construction administration and installation oversight services ensure continuity and control throughout the
entire process.
Square Peg will thoroughly review the existing signing, study circulation etc in preparation to develop a new
wayfinding and signing program. The new program will address the following:
1. Integrate the signage and an electronic information kiosk from Task 1 into a programmatic and unified City Hall
signage program that will readily direct members of the public to service locations throughout the various
departments on all levels of City Hall (including the Police Wing); including paths of travel from the exterior of the
building.
2. Improve signage on the building exterior to direct members of the public to the Police Department offices on
Forest Avenue. Coordinate the new signage with the signage on the Downtown Library across the street.
3. Provide an easy means of identifying parking locations in the underground City Hall Garage which will readily
assist customers in relocating their vehicle.
4. Incorporate signage to direct customers from the parking garage to the location of an information kiosk on the
First Floor.
5. Provide signage and terminology that assists the customer to readily locate the service provider within City Hall
that can address their needs. Integrate service descriptions with department names into unified naming
conventions.
6. Coordinate the design of informational signage in the elevator lobbies with ongoing efforts by the City Manager’s
Office to integrate photographs evocative of the services provided on each floor of the building with the
accompanying signage.
Based on the scope outline from the RFP and past experience with similar projects we anticipate the scope of signs to
include, but is not limited to:
Square Peg Design
City of Palo Alto City Hall | Revised January 27, 2012
pg 3
SCOPE OF WORK | WORK PLAN PROPOSALPARAGRAPH 5.4
Based on the scope outline from the RFP and information gained at the interview with the City, we anticipate the
scope of signs may include, but is not limited to:
SITE SIGNING
·Project/Building Identity Signing
·Parking Garage Entrance ID Sign
·Directional Signing
·Accessibility Signing
·Signing at Entry Doors
·Entrance ID Signing
·Pedestrian Directional & Information Signing
·Building Entry Identification Graphics at Entry Doors (Address, HC Accessibility, No Smoking, etc.)
·Emergency Assembly Area Signing
·Building Address
PARKING
· Parking Entry ID
· Clearance Bar
· Vehicular Directional Signing
· Pedestrian Directional Signing
· Column and Core Graphics
· Misc Room ID Signing
INTERIOR SIGNING
·Orientation Directory/Information Display or Kiosk (Static / Dynamic)
- Main Lobby
- Secondary Entry Lobbies
- Elevator Lobbies at Upper Levels
·Floor Level ID in Elevator Lobbies
·Floor Level Directories and/or Orientation Maps
·Directional Signing
·Changeable Displays for Daily Events, Information, etc
( Digital System and/or Static)
·Service Window Signing ( Digital System and/or Static)
·Informational Signing in Elevator Cabs ( Digital System and/or Static)
NOTE: The design process for signing will be closely coordinated with WMB Architects and GB Engineers to insure a
well integrated design solution.
Square Peg will explore and incorporate technology as potential solutions at multiple locations throughout the project.
A combination of design, cost and evaluation of benefits will be provided to the client with regard to proposed
technology solutions as a means to inform the design decisions and approvals.
Square Peg Design
City of Palo Alto City Hall | Revised January 27, 2012
pg 4
SCOPE OF WORK | WORK PLAN PROPOSALPARAGRAPH 5.4
SCOPE EXCLUSIONS
Items that are specifically excluded from the scope of work include:
·Signing for Non Public Areas such as office areas and back of house:
Room Identification Signing
Department/Area Identification
Office ID
Workstation ID
Conference Room ID Misc Room ID
Back of House Room ID
Evacuation Maps at Elevators, Stairs and Exits
·Preparation of building floor plans for use in sign location plans. It is assumed that the client will provide SPD
with building plans for use in preparation of sign location plans and documents.
·Logo design
·Print & Amenity design
·Sculptures / Feature pieces
·Content Design of Digital Media for Digital Displays. Note: SPD can provide content solutions as additional
service if requested, or recommend other means of creating and/or obtaining content.
Should any of these items be required, Square Peg Design can provide them as an additional service
Square Peg Design
City of Palo Alto City Hall | Revised January 27, 2012
pg 5
SCOPE OF WORK | WORK PLAN PROPOSALPARAGRAPH 5.4
PHASE 1 WAYFINDING STRATEGY AND SCHEMATIC DESIGN
During this phase of work, SPD will meet with the Client and consultants to review the project goals, existing design
concepts, program criteria, and design influences. This phase shall include, but not limited to, the following tasks and
design work:
1. Meet with Client and consultants to review the project goals, existing design concepts, program criteria, design
influences etc.
2. Conduct wayfinding survey to determine overall signage strategy. Systematically study pedestrian and vehicular
traffic flow as it relates to ingress, egress and circulation within the development.
3. Conduct appropriate research on potential design influences, available technologies, materials and finishes.
4. Collect all relevant data available for the Project to include:
-Architectural plans and drawings
-Existing design themes and details
-Details of architectural elements
5. Prepare preliminary programming for sign locations and message schedules.
6. Confirm required sign types and environmental graphic elements.
7. Review of municipality and authorities regulations.
8. Produce three (3) design concepts for physical form and scale of signage including proposed materials, finishes,
colors.
9. Coordinate design concepts with the architecture and lighting.
10. Based on design concepts and proposed sign quantities, prepare implementation budgets for review and discussion
with client.
11. Present Schematic Design Concepts, budgets and phasing options for comment and approval.
MEETINGS
1. Kickoff Meeting
2. Interim Meetings with City Staff and Design Team as needed for coordination
3. Schematic Design presentation
PHASE DELIVERABLES
1. Schematic drawing package showing three (3) signage concepts
2. Preliminary power, data and structural requirements.
3. Preliminary sign location plans and phasing options
4. Preliminary implementation budgets.
Client review, comment, selection of one Schematic design direction and final approval of all phase deliverables to
proceed into Phase 2.
Square Peg Design
City of Palo Alto City Hall | Revised January 27, 2012
pg 6
SCOPE OF WORK | WORK PLAN PROPOSALPARAGRAPH 5.4
PHASE 2 DESIGN DEVELOPMENT
Based on the approved Schematic Design direction from Phase 1, Square Peg will develop and apply the approved design
direction to all remaining sign types.
The following is expected during this phase of work:
1. Develop the approved Schematic Design per comments from Phase 1 and apply to all remaining sign types.
2. Coordinate all sign sizes, locations, power and structural requirements with the Design Team and project
Consultants.
3. Refine and finalize signing typography, icons, materials and finishes
4. Prepare sign message schedules listing all proposed sign types and message copy.
5. Prepare Design Development presentation
6. Present developed materials for approval
MEETINGS
1. Interim design coordination with the city and design consultants as needed
2. Present Final Design
PHASE DELIVERABLES
1. Design Development drawings for all sign types.
2. Sign location plans and message schedule(s) for all required sign types.
3. Power, data and structural requirements per sign type
4. Sign implementation budget.
5. Material samples as necessary for review.
PHASE ACTION REQUIRED BY CLIENT
Client review, comment and final approval of all phase deliverables to proceed into Phase 3.
Square Peg Design
City of Palo Alto City Hall | Revised January 27, 2012
pg 7
SCOPE OF WORK | WORK PLAN PROPOSALPARAGRAPH 5.4
PHASE 3 DOCUMENTATION
The purpose of Phase 3 is to provide design intent documentation and technical detailing sufficient in detail to facilitate
tendering and fabrication by a qualified sign fabricator.
The Documentation Phase shall include, but not limited to, the following:
1. Prepare design intent documentation drawings sufficient in detail to facilitate bidding and fabrication by a
qualified sign fabricator.
2. Coordinate all sign sizes, locations, power and structural requirements with the design team.
3. Document design details for all sign types.
4. Specify and document signing colors, illumination and materials.
5. Write performance specifications for all signing colors, illumination, materials and installation as required.
6. Finalize typography.
7. Finalize sign location plans and message schedules.
8. Produce final set of documentation drawings for signing and graphic elements.
MEETINGS
1. Coordination with the city and design consultants as required
PHASE DELIVERABLE
At the completion of the Documentation Phase, we will deliver Final Documents to the Client. Documents shall
include, but not limited to, the following deliverables and presentation materials:
1. Design Intent documentation sufficient in detail to facilitate tendering and fabrication by a qualified sign
fabricator.
2. Specifications
3. Final sign location plans and message schedule(s) for all required sign types.
Documents will be issued as follows:
1. Design documentation drawings for signing elements in Illustrator CS4 on Mac OS X platform: CD and three (3)
hard copies, Tabloid format
2. Location Plans - CAD 2010, CD and three (3) hard copies
3. Message Schedule - Filemaker: CD and three (3) hard copies
UPDATEDCOSTPROPOSAL
Evaluation, Analysis, RecommendationandDesign
for ArchitecturalUpgrades
atCityof PaloAltoCityHall
February9, 2012
ARCHITECTURAL/ENGINEERING
Task 1 Investigation 8,200$
Task 2 Needs Assessment 13,390$
Task 3 Concept Design Development 19,470$
Task 4 Construction Documents 39,960$
Task 5 Plan Review | Permitting 4,810$
Task 6 Bidding 3,640$
SUBTOTAL 89,470$
WAYFINDING &SIGNING
Schematic Design 24,000$
Design Development 20,000$
Documentation 24,000$
SUBTOTAL 68,000$
ReimbursableExpenseAllowance*5,000$
TOTAL COST PROPOSAL 162,470$
Construction phase services will be added to the consultant's contract
at the City's discretion via a contract amendment.
*Reimbursable expenses include printing, presentation boards, etc.
COSTPROPOSAL SUMMARY
Page 1
COSTPROPOSAL RFP#144101
Evaluation, Analysis, RecommendationandDesign
for ArchitecturalUpgradesatCityof PaloAltoCityHall
Scope Labor Categories EstHours
Hourly
Rate
Extended
Rate
PrincipalArchitect 7 $ 160 1,120$
ProjectManager 4 $ 135 540$
Design Staff 14 $ 90 1,260$
Mechanical/Electrical 18 $ 220 3,960$
AV 6 $ 220 1,320$
Travel& LivingExpenses 0
TOTALNOT TOEXCEED, TASK 1 8,200$
PrincipalArchitect 18 $ 160 2,880$
ProjectManager 10 $ 135 1,350$
Design Staff 4 $ 90 360$
Mechanical/Electrical 22 $ 220 4,840$
Audio/Visual 18 $ 220 3,960$
-$
Travel& LivingExpenses 0
TOTALNOT TOEXCEED, TASK 2 13,390$
PrincipalArchitect 30 $ 160 4,800$
ProjectManager 30 $ 135 4,050$
Design Staff 30 $ 90 2,700$
Mechanical/Electrical 18 $ 220 3,960$
Audio/Visual 18 $ 220 3,960$
-$
Travel& LivingExpenses 0
TOTALNOT TOEXCEED, TASK 3 19,470$
PrincipalArchitect 30 $ 160 4,800$
ProjectManager 60 $ 135 8,100$
Design Staff 110 $ 90 9,900$
Mechanical/Electrical/AV 78 $ 220 17,160$
Travel& LivingExpenses 0
TOTALNOT TOEXCEED, TASK 4 39,960$
ARCHITECTURAL /ENGINEERING
TASK1 -INVESTIGATION
Tasks 1.1-1.4
TASK2 -NEEDSASSESSMENT
Tasks 2.1 -2.8
TASK3 -CONCEPT DESIGN
DEVELOPMENT
Tasks 3.1 -3.6
TASK4 -CONSTRUCTION
DOCUMENTS
Page 2
COSTPROPOSAL RFP#144101
Evaluation, Analysis, RecommendationandDesign
for ArchitecturalUpgradesatCityof PaloAltoCityHall
Scope Labor Categories EstHours
Hourly
Rate
Extended
Rate
PrincipalArchitect 8 $ 160 1,280$
ProjectManager 10 $ 135 1,350$
Design Staff 12 $ 90 1,080$
Mechanical/Electrical/AV 5 $ 220 1,100$
Travel& LivingExpenses 0
TOTALNOT TOEXCEED, TASK 5 4,810$
PrincipalArchitect 8 $ 160 1,280$
ProjectManager 8 $ 135 1,080$
Design Staff 2 $ 90 180$
Mechanical/Electrical/Plumbing/AV 5 $ 220 1,100$
-$
Travel& LivingExpenses 0
TOTALNOT TOEXCEED, TASK 6 3,640$
TOTALNOTTOEXCEEDTASKS
1-6 89,470$
TASK6 -BIDDING
TASK5 -PLAN REVIEW |
PERMITTING
Page 3
Professional Services
Rev. June 2, 2010
20
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 Investigation Arch/MEP 1 week
2. Task 1a Investigation Wayfinding 2 weeks
3. Task 2 – Programming Arch MEP 3 weeks
4. Task 2a- Programming Wayfinding 4 weeks
5. Client Review of program 5 weeks
6. Task 3 Concept Design Arch/MEP 9 weeks
7. Task 3a Concept Design Wayfinding 9 weeks
8. Client Review of Concept Design 10 weeks
9. Task 4 Construction Documents Arch/MEP 16 weeks
10. Task 4a Construction Documents Wayfinding 16 weeks
11. Client Review 17 - 18 weeks
12. Task 5 Permitting 19 weeks
13. Task 6 Bidding 20 – 24 weeks
Professional Services
Rev. June 2, 2010
21
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
$162,470. 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 $178,717. 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 $162,470 and the total
compensation for Additional Services does not exceed $16,247.
BUDGET SCHEDULE NOT TO EXCEED AMOUNT
Task 1 $8,200
(Investigation)
Task 2 $13,390
(Needs Assessment)
Task 3 $19,470
(Concept Design Development)
Task 4 $39,960
(Construction Documents)
Task 5 $4,810
(Plan Review/Permitting)
Task 6 $3,640
(Bidding)
Task 7 $24,000
(Wayfinding Schematic Design)
Task 8 $20,000
Professional Services
Rev. June 2, 2010
22
(Wayfinding Design Development)
Task 9 $24,000
(Wayfinding Documentation)
Sub-total Basic Services $157,470
Reimbursable Expenses $5,000
Total Basic Services and Reimbursable expenses $162,470
Additional Services (Not to Exceed) $ 16,247
Maximum Total Compensation $178,717
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:
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 $500 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 and CONSULTANT prior to
commencement of the services. Payment for additional services is subject to all requirements
and restrictions in this Agreement.
Professional Services
Rev June 2, 2010
23
EXHIBIT “C-1”
HOURLY RATE SCHEDULE
Professional Services
Rev June 2, 2010
24
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
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NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER, 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