HomeMy WebLinkAboutStaff Report 6809
City of Palo Alto (ID # 6809)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 6/13/2016
City of Palo Alto Page 1
Summary Title: Program Manager Contract
Title: Approve and Authorize the City Manager to Execute a Contract With
Nova Partners, Inc., in an Amount Not-to-Exceed $4,200,471 to Perform
Program Management Services in Support of Nine Infrastructure Plan
Projects Including the Public Safety Building
From: City Manager
Lead Department: Public Works
Recommendation
Staff recommends that Council:
Approve and authorize the City Manager or his designee to execute the attached
contract in a total amount not to exceed $4,200,471 with Nova Partners, Inc.
(Attachment A) for program management and construction management services
for the Infrastructure Plan projects implementation; including $3,818,610 for
basic services and $381,861 for additional services.
Background
The June 2014 Council Infrastructure Plan (ID #4889) identified $126 million in
funding for nine significant projects including the construction of a new Public
Safety Building (PSB), which was designated as the City’s top infrastructure
priority. The other projects include two new public parking garages, two fire
station replacements, completion of Byxbee Park, Charleston/Arastradero
Corridor improvements, the Highway 101 Pedestrian/Bicycle Bridge at Adobe
Creek and implementation of the Bicycle and Pedestrian Plan.
In December 2015, Council directed staff to begin design of a 3-story PSB on
Parking Lot C-6 in the California Avenue area business district (ID #6069) and in
advance of the PSB, design a new parking garage with a retail element along Birch
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Street on Parking Lot C-7. Additionally, Council awarded a design contract to Shah
Kawasaki Architects for the replacement of Fire Station No. 3 (ID #6299). These
three projects will initially require the bulk of program management services due
to their complexity. In a December 2015 study session on the status of the
Infrastructure Plan projects, councilmembers asked staff to carefully assess the
existing staff resources available to implement the plan and be certain resources
were in place to assure the success of the projects.
During Finance Committee’s review of the general fund capital improvement
program on May 17, 2016, staff presented information about this program
management contract and its relation to successful delivery of the Infrastructure
Plan.
Discussion
The projects from the 2014 Council Infrastructure Plan are now in various stages
of planning and design. Staff requires professional assistance to manage the
overall program to deliver these projects. The contract services are needed to
support the Infrastructure Plan projects during selection of project delivery
method, completion of designs, constructability review, bidding processes and
construction for the projects. With current staffing levels, program management
services will be crucial in successfully implementing the Infrastructure Plan
projects. The nine Infrastructure Plan projects and their total budgets (some
projects have funding from sources other than the Infrastructure Plan) are as
follows:
1) Public Safety Building (PE-15001), $57 million
2) California Avenue Garage (PE-18000), $9.6 million
3) Fire Station #3 (PE-15003), $6.7 million
4) Fire Station #4 (PE-18004), $7.5 million
5) Highway 101 Pedestrian/Bicycle Bridge (PE-11011), $13 million
6) Bicycle and Pedestrian Plan (PL-04010), $20 million
7) Charleston/Arastradero Corridor (PE-13011), $10 million
8) Byxbee Park Completion (PE-18006), $2.8 million
9) Downtown Parking Garage (PE-15007), $13 million
The project budgets shown above are original estimates from the 2014
Infrastructure Plan. Construction costs may be higher due to market escalation
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and anticipated scope modifications such as the added retail element for the
California Avenue parking garage.
The scope of work to be performed under this contract includes all aspects of day-
to-day program management for the Infrastructure Plan projects, including
coordination of site logistics, minimizing disruption to the adjacent
neighborhoods, project documentation, project communication, schedule
management, budget management, quality assurance, inspection, testing and
project closeout tasks. A detailed scope of work is included in Attachment A. The
list of tasks and the projects to which they apply, using the project numbering
above, is as follows:
Task 1: Project Management, Planning, and Coordination (Projects 1-9)
Task 2: Acquisition and Management of Consultants (Projects 1-3)
Task 3: Design/Document Review (Projects 1-3)
Task 4: Pre-Construction Services (Projects 1-3)
Task 5: Construction Management Services (Projects 1-3; future amendment)
Task 6: Budget and Schedule Management (Projects 1-9)
Task 7: On-call Services
As part of Task 1, Nova will develop and provide a project document management
system to maintain consistent project reporting and information communication.
The contract is structured so that it can be amended in the future, at the City’s
discretion, to authorize and add budget for Task 5, Construction Management
Services. Task 7, On-call Services, includes construction management services for
a number of Bike and Pedestrian Transportation Plan projects that are expected
to be constructed in the next year.
The overall goal of the contract is to facilitate successful delivery of the
Infrastructure Plan projects in accordance with their scope, schedule and budget.
Summary of Solicitation Process
A Request for Proposals (RFP) was issued by Palo Alto on February 19, 2016, with
a 21 day proposal period. A total of four firms submitted proposals with costs
ranging from $2,348,350 to $2,905,625.
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Table 1. Solicitation Details
Proposal Description/ Number Infrastructure Plan Program
Management Services
RFP 163034
Proposed Length of Project 36 months
Number of RFPs Mailed 373 vendors were notified
Total Days to Respond to RFP 21
Pre-proposal Meeting Date None
Number of Company Attendees at Pre-
proposal Meeting
Not applicable
Number of Proposals Received: 4
Company Name Location (City, State)
1. Cumming Construction Management,
Inc.
San Francisco, CA
2. Kitchell Sacramento, CA
3. Plante Moran Cresa Southfield, MI
4. NOVA Partners, Inc. Palo Alto, CA
An evaluation committee of Public Works staff reviewed the proposals as well as
the firms’ qualifications and experience in response to the criteria identified in the
RFP. The review committee unanimously agreed to pursue negotiations with Nova
Partners, Inc. Nova previously provided project and construction management
services for five highly successful projects, including Rinconada Library, El Camino
Park, Art Center, College Terrace Library and Children’s Library.
Timeline
The contract term is three years. The contract may be amended in the future to
add specific scope, schedule and budget for optional Task 5: Construction
Management Services for the Public Safety Building, California Avenue Garage
and Fire Station No. 3.
Resource Impact
Funding for the contract will be provided by multiple Capital Improvement
Program (CIP) budgets as outlined in Table 2. The contract amount is greater than
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the budget provided in Nova’s proposal due to scope additions requested by staff
during the contract negotiations. For example, staff identified an immediate need
for on-call construction management services for a number of transportation
related projects (CIP Nos. PL-04010, PL-14000, and PL-16000). The transportation
projects are described in the contract scope Exhibit A under Task 7.1 and amount
to $586,800 of the Basic Services budget for the first 2 years of the contract.
Table 2. Contract Funding per CIP
Project Project CIP No. FY 2017 FY 2018 FY 2019
1 Public Safety Building PE-15001 $532,557 $489,187 $489,187
2 California Avenue Parking
Garage
PE-18000 $181,009 $173,704 $173,704
3 Fire Station No. 3
Replacement
PE-15003 $143,979 $138,882 $138,882
4 Fire Station No. 4
Replacement
PE-18004 $0 $17,025 $17,025
5 Highway 101
Pedestrian/Bicycle Bridge
PE-11011 $39,400 $29,509 $29,509
6 Bicycle and Pedestrian Plan PL-04010 $314,016 $298,799 $45,399
7 Charleston/Arastradero
Corridor
PE-13011 $30,308 $22,699 $22,699
8 Byxbee Park Completion PE-18006 $0 $6,356 $6,356
9 Downtown Parking Garage PE-15007 $39,401 $29,509 $29,509
On-call Churchill Ave Bikeway PL-14000 $40,000 $0 $0
On-call Quarry Rd Improvements PL-16000 $40,000 $0 $0
Task Order on-call services allowance $100,000 $100,000 $100,000
Subtotal $1,460,670 $1,305,670 $1,052,270
Additional Services (10%) $146,067 $130,567 $105,227
Total $1,606,737 $1,436,237 $1,157,497
The contract budget for additional services and on-call task-order-based work
(Task 7.2) will be unassigned to a specific project and totals $681,861 over the 3-
year period. The grand total not-to-exceed contract amount is $4,200,471.
Policy Implications
Authorization of this project does not represent a change in existing policies.
Environmental Review
The award of this program management contract is not a project under the
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California Environmental Quality Act (CEQA). CEQA documentation and approval
will be obtained separately for all projects under the program.
Attachments:
Attachment A - Nova Partners Inc. Contract (PDF)
Professional Services
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CITY OF PALO ALTO CONTRACT NO. C16163034
AGREEMENT BETWEEN THE CITY OF PALO ALTO AND NOVA PARTNERS INC.
FOR PROFESSIONAL SERVICES
This Agreement is entered into on this 13th day of June, 2016, (“Agreement”) by
and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and NOVA PARTNERS, INC, a California corporation, located at 855 El Camino
Real, Suite 307, Palo Alto, CA 94302 ("CONSULTANT").
RECITALS
The following recitals are a substantive portion of this Agreement.
A. CITY intends to complete the infrastructure plan for nine major projects approved by
City Council in 2014 (“Project”) and desires to engage a consultant to provide Project and
Program Management Services 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, in this Agreement, the parties agree:
AGREEMENT
SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described at 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.
Optional On-Call Provision (This provision only applies if checked and only applies to on-
call portion of this agreement.) Services will be authorized by CITY, as needed, with a Task Order assigned and approved by
CITY’s Project Manager. Each Task Order shall be in substantially the same form as Exhibit A-
1. 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 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 at 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” (“Basic Services”),
and reimbursable expenses, shall not exceed Three million eight hundred eighteen thousand six hundred ten Dollars ($3,818,610.00). CONSULTANT agrees to complete all Basic Services,
including reimbursable expenses, within this amount. In the event Additional Services are
authorized, the total compensation for Basic Services, Additional Services and reimbursable
expenses shall not exceed Four million two hundred thousand four hundred seventy one Dollars
($4,200,471). The applicable rates and schedule of payment are set out at Exhibit “C-1”, entitled “HOURLY RATE SCHEDULE,” which is attached to and made a part of this Agreement. 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.
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 at 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
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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.
SECTION 8. ERRORS/OMISSIONS. CONSULTANT is solely responsible for costs,
including, but not limited to, increases in the cost of Services, arising from or caused by CONSULTANT’s errors and omissions, including, but not limited to, the costs of corrections
such errors and omissions, any change order markup costs, or costs arising from delay caused by
the errors and omissions or unreasonable delay in correcting the errors and omissions.
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 CITY’s stated construction budget, CONSULTANT shall make recommendations to
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 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. 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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SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Hans de Roos
as the Project Manager 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 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.
CITY’s project manager is Matt Raschke, Public Works Department, Public Works Engineering Division, 250 Hamilton Avenue, Palo Alto, CA 94301, Telephone:650-496-5937, email:
matt.raschke@cityofpaloalto.org. The project manager will be CONSULTANT’s point of
contact with respect to performance, progress and execution of the Services. 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.
[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
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negligence, recklessness, or willful misconduct of CONSULTANT, its officers, employees,
agents or contractors under this Agreement, regardless of whether or not it is caused in part by an
Indemnified Party.
[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
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 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
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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. If the insurer cancels or modifies the insurance and provides
less than thirty (30) days’ notice to CONSULTANT, CONSULTANT shall provide the Purchasing Manager written notice of the cancellation or modification within two (2) business
days of the CONSULTANT’s receipt of such notice. CONSULTANT shall be responsible for
ensuring that current certificates evidencing the insurance are provided to CITY’s Chief
Procurement Officer 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 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.
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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 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 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 CITY’s Zero Waste
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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:
(a) All printed materials provided by CCONSULTANT 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 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.
(b) Goods purchased by CONSULTANT on behalf of CITY shall be purchased in
accordance with 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 Division’s office. (c) Reusable/returnable pallets shall be taken back by CONSULTANT, at no
additional cost to 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. COMPLIANCE WITH PALO ALTO MINIMUM WAGE ORDINANCE. CONSULTANT shall comply with all requirements of the Palo Alto Municipal Code Chapter
4.62 (Citywide Minimum Wage), as it may be amended from time to time. In particular, for any
employee otherwise entitled to the State minimum wage, who performs at least two (2) hours of
work in a calendar week within the geographic boundaries of the City, CONSULTANT shall pay such employees no less than the minimum wage set forth in Palo Alto Municipal Code section
4.62.030 for each hour worked within the geographic boundaries of the City of Palo Alto. In
addition, CONSULTANT shall post notices regarding the Palo Alto Minimum Wage Ordinance
in accordance with Palo Alto Municipal Code section 4.62.060.
SECTION 25. NON-APPROPRIATION
25.1. 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 26. PREVAILING WAGES AND DIR REGISTRATION FOR PUBLIC WORKS CONTRACTS
26.1 This Project is not subject to prevailing wages. CONSULTANT is not
required to pay prevailing wages in the performance and implementation of the Project in accordance with SB 7 if the contract is not a public works contract, if the contract does not
include a public works construction project of more than $25,000, or the contract does not
include a public works alteration, demolition, repair, or maintenance (collectively,
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‘improvement’) project of more than $15,000.
OR
26.1 CONSULTANT is required to pay general prevailing wages as defined in
Subchapter 3, Title 8 of the California Code of Regulations and Section 16000 et seq. and
Section 1773.1 of the California Labor Code. Pursuant to the provisions of Section 1773 of the
Labor Code of the State of California, the City Council has obtained the general prevailing rate
of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of worker needed to execute the contract for this Project from the
Director of the Department of Industrial Relations (“DIR”). Copies of these rates may be
obtained at the Purchasing Division’s office of the City of Palo Alto. CONSULTANT shall
provide a copy of prevailing wage rates to any staff or subcontractor hired, and shall pay the
adopted prevailing wage rates as a minimum. CONSULTANT shall comply with the provisions of all sections, including, but not limited to, Sections 1775, 1776, 1777.5, 1782, 1810, and 1813,
of the Labor Code pertaining to prevailing wages.
26.2 CONSULTANT shall comply with the requirements of Exhibit “E” for any
contract for public works construction, alteration, demolition, repair or maintenance. SECTION 27. MISCELLANEOUS PROVISIONS.
27.1. This Agreement will be governed by the laws of the State of California.
27.2. 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 California.
27.3. 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.
27.4. 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.
27.5. 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.
27.6. 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.
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27.7. 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.
27.8 In the event of a conflict between the terms of this Agreement and the
exhibits hereto or CONSULTANT’s proposal (if any), the Agreement shall control. In the case
of any conflict between the exhibits hereto and CONSULTANT’s proposal, the exhibits shall
control.
27.9 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.
27.10 All unchecked boxes do not apply to this agreement.
27.11 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.
27.12 This Agreement may be signed in multiple counterparts, which shall, when
executed by all the parties, constitute a single binding agreement
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 (Required on contracts over $85,000)
APPROVED AS TO FORM:
__________________________ City Attorney or designee
(Required on Contracts over $25,000)
NOVA PARTNERS, INC.
By:___________________________ Name:_________________________
Title:____________________________
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David Marks
Vice President
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Attachments:
EXHIBIT “A”: SCOPE OF SERVICES
EXHIBIT “A-1” PROFESSIONAL SERVICES TASK ORDER
EXHIBIT “B”: SCHEDULE OF PERFORMANCE EXHIBIT “C”: COMPENSATION
EXHIBIT “C-1”: SCHEDULE OF RATES
EXHIBIT “D”: INSURANCE REQUIREMENTS
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EXHIBIT “A” SCOPE OF SERVICES
INFRASTRUCTURE PLAN
PROJECT AND PROGRAM MANAGEMENT SERVICES
Introduction
All work described below will be done in conjunction with the City’s ongoing review and approval process for the projects described above. The Consultant’s services shall include assistance
with project and program management through bidding of the projects. Additional construction
management services may be added to the scope at City’s discretion through a contract amendment. The term of the contract will be three years. Given that the timeline for the
Infrastructure Plan projects extends beyond three years, the City may extend the contract for additional years through a contract amendment. All work performed by Consultant shall be in accordance with the professional standard and quality and best practices that prevail among
professional construction managers in the Peninsula region.
By Council Policy, new public buildings over 5,000 square feet are required to attain a LEED
Silver rating. The consultant personnel shall include at least one fully LEED-accredited member.
If at any time, the City is not satisfied with the performance of Consultant’s staff, the City reserves the right to request the services of a different individual. If for any reason Consultant
proposes a change of staffing during the course of the project, the City reserves the right to
approve any new staff. Staffing changes must be approved a minimum of 21 calendar days in advance of any staffing changes, in writing, by the City’s Project Manager (PM).
Office space or trailer, computers, cell phones, furnishings and other equipment needed for Consultant’s staff shall be provided by Consultant.
Overview Three (3) projects currently requiring immediate project management and program development
are: 1) Public Safety Building (PE-15001) 2) California Avenue Garage (PE-18000)
3) Fire Station #3 (PE-15003)
The scope of work includes planning and development of successful processes and strategies
to deliver these projects in alignment with the current Public Contracting Code requirements and all City of Palo Alto delivery models, adjust/manage budgets accordingly, assign milestones and
ensure they are met, and to make the projects “shovel-ready” by completing the bidding
process.
Additional projects listed below require Nova’s expertise to develop the program management
and framework of the process to design, bid, and provide an organized system for project delivery:
4) Fire Station #4 (PE-18004)
5) Highway 101 Pedestrian/Bicycle Bridge (PE-11011) 6) Bicycle and Pedestrian Plan (PL-04010)
7) Charleston/Arastradero Corridor (PE-13011) 8) Byxbee Park Completion (PE-18006) 9) Downtown Parking Garage (PE-15007)
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The base contract for these services will have a 3-year duration per Exhibit B of this contract.
Additional services beyond that time, if required, will be issued via contract amendment.
Construction Management (CM) or Construction Administration (CA) services may be added
later for individual projects as the requirements of the CM/CA are better understood and as needed. This contract does not obligate the City to utilize Nova Partners, Inc. for CM or CA services for these projects.
Task 1.1: Project Management, Planning, and Coordination (for Projects 1-9): Consultant shall provide necessary administration, minutes, proper invoicing, budget control,
project controls, quality assurance and reviews, and professional oversight. Project staffing shall be maintained at acceptable levels to keep the project on schedule, ensure continuity of
information, and satisfy the requirements of the scope of work.
Consultant shall review the Infrastructure Plan projects and the current project phasing and
funding plan. Consultant shall coordinate with City staff to refine the Infrastructure Plan phasing
and provide a detailed schedule for each project that considers funding, environmental review, design, public outreach, City Boards &Commissions approvals, regulatory, and construction
activities.
1.1 Determine phasing of work, critical paths, milestones for projects to successfully
complete the Infrastructure Plan by the end of FY2021, with emphasis on expeditious completion of the Public Safety Building project and associated California Avenue Parking Garage project
1.2 Provide recommendations for phasing and design and construction contracts structure for the Public Safety Building and California Avenue Parking Garage projects
1.3 Set specific milestones for funding, permitting, environmental review, design, design
review and construction for the various phases of each project
1.4 Refine and customize program management tools to fit the specific needs of the
Infrastructure Plan, including tools for budget management, schedule management, and
cash flow management and forecasting
Nova’s task for the Planning and Coordination of the project management for these projects will begin by reviewing the Infrastructure Plan and funding for each project listed in the Plan. The
table below represents the projects’ information, approximate schedules, and budgets.
Project # Project CIP No. Approximate Schedule Current Project Budget ($
millions
1 Public Safety Building PE-15001 2016-2020 $57
2 California Avenue Parking Garage PE-18000 2016-2018 $9.6
3 Fire Station No. 3 Replacement PE-15003 2016-2018 $6.7
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4 Fire Station No. 4 Replacement PE-18004 2018-2020 $7.5
5 Highway 101 Pedestrian/Bicycle Bridge PE-11011 2016-2019 $13
6 Bicycle and Pedestrian Plan PL-04010 2016-2020 $20
7 Charleston/Arastradero Corridor PE-13011 2016-? $10
8 Byxbee Park Completion PE-18006 2017-2019 $2.8
9 Downtown Parking Garage PE-15007 Currently
deferred; potential
schedule unknown
$13
Nova will assist in refining the Infrastructure Plan, outlining the milestones, critical paths for
each project, and identifying the interdependencies of each project in relation to the timeline and funding.
Nova will build schedules for each project and provide the City with a master schedule and project specific break-out schedules for use in identifying timelines. The Public Safety Building
and the California Avenue Parking Garage require the most attention initially. Nova will develop the approach to these projects to develop a clear picture of the project durations while working on the third project (Fire Station #3) that is currently in design by Shah Kawasaki Architects.
Additionally, following Infrastructure Plan review, the remainder of Projects #4 through #9 can be inter-woven into the master schedule.
Nova will provide recommendations for the phasing of the Projects and the delivery method that will be most advantageous to the City. Upon schedule development, Nova will identify the
milestones for funding the project, environmental reviews, design review, and permitting review
by the City Departments. Nova will coordinate specific meetings to “permit-review” the project. This would be an initial walk-thru of the permit drawings to help all City departments return their
comments on time with the goal of avoiding code compliance issues during the Construction
Phase.
Nova shall provide project management tools that will be customized to the specific City needs. For example, budget spreadsheets have been built to track various project funding sources such as grants. Nova’s accounting/finance department will provide cash flow management and
forecasting of costs to assist the City with various funding strategies. Nova will manage and maintain the project schedules and budgets comprehensively, and each
project will be updated on a monthly basis. Monthly reports will be provided to the City project manager.
Task 1.2: Project Management System (for Projects 1-9): Nova will develop a project document management system which will establish the guidelines to
maintain consistent project reporting and information communication. The system will use SaaS
(Software as a Service) technology to share information and make project information available to all project participants, anywhere, and anytime.
Task 2: Acquisition and Management of Consultants (Projects 1-3) Consultant shall assist City staff in obtaining and managing the services of consulting firms to
complete the environmental documentation and design of Infrastructure Plan projects 1, 2 and
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3. Consultant shall:
2.1 Prepare scopes of work (SOW) and Requests for Proposal (RFP)
2.2 Evaluate proposals and assist City staff with the selection of consulting firms for the
projects in accordance with the policies and procedures established by the Purchasing Division of the Administrative Services Department (ASD)
2.3 Develop document management requirements and guidelines to ensure consistency in project reporting and products
2.4 Attend regular meetings with design consultants for the California Avenue Parking Garage, Public Safety Building and Fire Station No. 3 Replacement projects. Prepare
and distribute meeting minutes including action items and status. Assume one 2-hour
meeting per month for each project.
For this task, Nova will assist the City in determining the appropriate consultants required for
Projects 1 through 3. To acquire each consultant Nova will prepare a Scope of Work for services required on the project, including a defined task list, base contract requirements and
schedule, and fee matrix as part of a formal RFP process. Nova will assist staff with proposal evaluation and document the scoring of proposals. Nova will develop specific evaluation criteria and the scoring system to rank the proposals.
The contract budget assumes one 2-hour meeting per month for the 3 projects over the entire project timeline. However, additional meetings are required to keep the project team aligned
and on schedule. Therefore, a minimum of 1 meeting per week per project during the preconstruction phase is also budgeted.
Task 3: Design/Document Review (Projects 1 through 3) Consultant shall conduct reviews of the reports, plans and specifications prepared by the consulting firms for Infrastructure Plan projects 1, 2 and 3. Consultant shall:
3.1 Coordinate and engage City staff with projects to ensure proper basis of planning and
design
3.2 Review all reports, design submittals, scope changes and project work products and
establish a QA/QC program
3.3 Coordinate and provide information needed for environmental documents (i.e. California
Environmental Quality Act - CEQA) and design of projects 3.4 Assess the design work product submissions at each stage (e.g. 30%, 65%, etc.) for
value engineering opportunities and for constructability
These tasks require review of design documents prepared by the consultants and the management of the overall preconstruction phase of the projects. Nova shall perform reviews of the design and planning documents to ensure the City receives the project as contracted and
within budget. Nova will accomplish this by completing design reviews and developing the Owner’s Project Requirements/Basis of Design (OPR/BOD) documents. These documents
align the team and clearly define the project requirements for all consultants to understand. The
OPR is a “living” document; it is amended and re-worked to allow the City to achieve its desired
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goals for a project, yet maintain schedule and budget requirements.
Nova has been involved in numerous California Environmental Quality Act (CEQA) reviews
during the course of its 22-year history. Often, the design of the project is amended due to the conditions of approval for the EIR or CEQA review. Nova will manage these conditions of
approval by tracking them continually and will ensure the conditions are included in the design documents. Nova understands the complex inter-relationship of the CEQA review upon the overall timing of the project and will begin this process as soon as we are on board.
Task 4: Pre-Construction services (Projects 1-3) Consultant shall assist the City in final reviews of the construction documents and in preparing
bid documents for Infrastructure Plan projects 1, 2 and 3. Consultant shall:
4.1 Assist the Architects and City staff as needed to obtain board and commission approvals
(e.g. Architectural Review Board) and building permits for the projects
4.2 Develop independent estimates of probable construction cost based on the progress
sets (e.g. 30% and 70%) and 100% construction documents provided for constructability review and reconcile the estimate to the Architects’ estimates
4.3 Provide detailed constructability reviews of the progress sets (e.g. 30% and 70%) and 100% construction documents to verify that the construction documents are complete
and are internally consistent, and to identify opportunities for value engineering. The principle objectives of the constructability review are to ensure that the construction documents contain all of the necessary detail to prevent delays from occurring during
construction and to avoid project change orders resulting from any inadequacy of the construction documents. Following the constructability review, report to the City all shortcomings identified with a focus in the following areas: site logistics and constraints;
clarity of documents; completeness of documents; internal consistency of documents; technical constructability; building code compliance; ADA compliance, quality control;
compatibility of contract plans, specifications, and applicable standards; utility
clearances for constructability; project schedule; and pedestrian and vehicular safety and access. Review shall be performed by engineers or contractors who have
experience in relevant fields such as mechanical, electrical, civil, etc.
4.4 Following any modifications to the 100% construction documents resulting from the final
constructability review, develop a revised independent estimate of probable construction
cost that accounts for the modifications and reconcile the estimate to the Architects’ estimate
4.5 Prior to solicitation of construction bids for each project, coordinate any significant construction document revisions that need to be included in the bid with the Architect
and City staff. Minor design changes can be included after the bid is advertised as part of an addendum.
4.6 Assist the City’s Contracts Administrator with the preparation of the “Instructions to Bidders” which will define the scope of work and special provisions that must be included
in the bid packages and other related bid documents needed to ensure complete bid
packages. The Architects will prepare the technical specifications. Become fully familiar with the City’s standard General Conditions document that is part of each Invitation for
Bid (IFB).
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4.7 Become familiar with the various City department functions and requirements for project coordination
4.8 Coordinate and prepare any construction signage or outreach materials that may be needed
4.9 Contractor and Key Subcontractor Prequalification: Prior to soliciting construction bids, the Consultant shall work with the Public Works, Purchasing and City Attorney’s
Departments to prepare prequalification forms and rating systems required for Prime Contractor and key subcontractor prequalification (“Prequalification”). Prequalification will occur for up to six subcontractors in key disciplines to be identified by the City, with
input from Counsultant, for each Contractor seeking prequalification. The City shall issue the request for prequalifications and the Consultant shall administer the feedback
from responders, including but not limited to: answering questions from contractors and
subcontractors, coordinating responses with the City’s Purchasing Division and Public Works Department, preparing spreadsheets or other documentation necessary to
compile and compare contractor responses, preparing a recommended bidder’s list with
a brief report summarizing findings, assist in representing the City in any subsequent hearings challenging the validity of the results, and any follow-up documentation
resulting from said hearings. 4.10 Bidding: Contractor bids shall be processed by the City’s Purchasing Division.
Consultant shall review the contractor bids for compliance with the technical portions of the bid requirements as set forth in the specifications and make a recommendation for award or rejection. Consultant shall assist with the bid period work items including
clarifications and bid evaluation relative to the contract documents. Consultant shall review the subcontractor list for completeness and compliance with the bid documents. The City Purchasing Division will verify Consultant’s recommendation in order to finalize
the decision.
4.11 Addenda: If changes to the construction documents are required during the bidding
period, Consultant shall prepare the addenda items with the assistance from the Architect. The City will issue the addenda.
4.12 Meetings: During the bidding process, Consultant shall be prepared to address comments and concerns of the contractors interested in bidding on the project with
Architect and City Staff on an as-needed basis. 4.13 Pre-bid Conference and Pre-construction Meeting: Consultant shall coordinate and
facilitate the Pre-bid Conference and Pre-construction Meeting including preparation of the agendas and meeting minutes. The pre-bid conferences are typically mandatory for bidders to attend.
4.14 Hazardous Material Abatement: A hazardous materials study has already been completed for existing Fire Station 3 that is to be demolished. Consultant shall assist
City staff in the preparation of plans and specifications, assist in bidding (if removal is by means of a separate contact) and coordinate the remediation contractor’s efforts. A
third-party consultant shall be employed by the City to survey, test, develop and
implement removal procedures and report results. Consultant shall coordinate as-needed between the hazardous materials removal contractor and the third-party
consultant hired to monitor the removal.
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4.15 Relocation of Existing Fire Station: Consultant will assist the City with procuring the services of a moving contractor (“Mover”). The Consultant shall coordinate between the
Mover and City staff in order to relocate fire station staff, services, equipment and
materials to the temporary station (location to be determined) that will be designed by Shah Kawasaki Architects. A similar move from the temporary station will be
coordinated when the new station is ready for occupancy. Nova will manage the preconstruction process efficiently by performing the greatest value-
added service for a project: reviewing the design documents as they develop. Nova will review the design and make comments on the efficiency, alignment with the OPR/BOD, and consider costs related to the design. Nova will utilize personnel with extensive field experience to assist
the team in constructability review of design. Nova will work to eliminate vague details, un-buildable logic, and poor design to ensure the project will avoid costly construction delays.
Depending upon the project requirements, Nova will also utilize experts to perform peer reviews
of design.
As the design progresses, Nova will verify the costs of the project remain within the budget
limits. Nova is experienced in developing construction estimates, using historical data and previous experience on projects to manage the cost estimates. Nova will work with several cost
estimating experts to obtain reliable estimates that will be reconciled with the Architect’s
estimates. Where scopes of work exceed the allowed costs, Nova will manage the value engineering process.
Nova has the expertise to assist with the bidding process for the City of Palo Alto. Nova will assemble the bid documents, manage the IFB documents, assist the Purchasing Department
with release of the bid and ensure the process is smooth. Nova has developed a prequalification questionnaire that is in alignment with the Public Contract Code requirements. Nova will score the prequalification responses and provide the City with a formal review
document naming the prequalified bidders. When bidding commences, Nova will manage the pre-bid RFI’s, conduct mandatory onsite pre-bid meetings, and prepare Addenda information for the City to publish to the prequalified bidders.
Additional services Nova can provide include specialty contractor coordination such as
waterproofing or soundproofing consultants. Nova can manage any of the specialty contractors
the City may utilize on these projects so the City can focus on other business.
Task 5: Construction Management Services (Projects 1-3)
The City has the option to and may request the Consultant to provide or assist staff with construction management services. Consultant shall prepare the scope and budget upon City’s
request. City may amend the Consultant’s annual contract to include the agreed upon fee for
the construction management services. Consultant will then perform the construction management services under the amended Basic Services
The construction management services include items such as conducting weekly OAC (Owner/Architect/Contractor) meetings to review the project schedule, RFIs, and open items
that require resolution, review of Contractor payment applications, review of change order requests, processing of contract change orders, providing an expert review of the entitlement to changes, level of completeness for payment, review of project schedules, and adherence to the
contract project schedule.
Task 6: Budget and Schedule Management (Projects 1-9)
Consultant shall monitor overall budgets and schedules and maintain conformance with the
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Infrastructure Plan budget and schedule. Consultant shall:
6.1. Develop and maintain a detailed schedule for each projects under the Infrastructure
Plan, performing CPM analysis as needed
6.2 Develop and maintain a comprehensive overall budget and cash flow projection for each project
6.3 Monitor the budget and schedule of multiple projects under varying phases of design and construction
6.4 Coordinate and monitor funding activities for the projects
6.5 Prepare cash flow and forecast for the individual projects and for the combined projects
under the program
6.6 Coordinate and attend monthly meetings with City staff to review Infrastructure Plan
project status, schedule and budgetary issues. Prepare and distribute meeting minutes including action items and status. Project budget is based on one 3-hour meeting per
month 6.7 Prepare quarterly Infrastructure Plan project and program-level budget reports including
project budgets, amendments to budgets, project actuals and commitments, projected future expenses, and project and program contingency funds
The primary role as the project manager will be to manage the schedule and budget of all the projects. Nova will utilize the CPM method in the master schedule to keep all 9 projects on track. Activities will be detailed as required for successful design and construction. The
schedule will outline the duration for design and programming, permit and bidding, and construction and move-in/fit-up. Schedule shall be updated on a monthly basis and shared with
the City staff during a monthly meeting.
The budget will be managed on a constant basis and shared with the City monthly. Nova will
prepare cash-flow and forecasting necessary for the City to make funding decisions. Nova will
prepare a monthly update that can be published by the City and quarterly summary documents that track the trending project conditions. The budget will track separate phases of each project,
and Nova can provide a summary document that will report overall project budget and “over/under” dollar values. The budget report will allow the tracking of the financial health of each project individually; and collectively.
Task 7.1: On-Call Services for Transportation Projects Consultant shall coordinate with City staff to provide project management or construction
management services for Infrastructure Plan projects other than projects 1, 2 and 3, or for other
City projects not included in the Infrastructure Plan on an as-needed basis. Initial on-call services desired include the following:
Task 7.1 Transportation Project List
A. Project PL-04010 – Construction Management services for Bryant St Extension, Maybell Ave and Park Blvd/Wilkie Wy Bicycle Boulevards
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B. Project PL -04010 – Construction Management services for Amarillo Ave-Moreno Ave, Bryant St Upgrade, Louis Rd-Montrose Ave and Ross Rd Bicycle Boulevards
C. Project PL -04010 – Construction Management services for the E Meadow Dr Enhanced Bikeway
D. Project PL -04010 – Construction Management services for the Overcrossing and Undercrossing Improvements
E. Project PL-14000 – Construction Management services for Churchill Ave Enhanced Bikeway
F. Project PL-16000 – Construction Management services for Quarry Road
Improvements
G. Project PL-04010 – Construction Management services for other bikeway projects
identified in the Bicycle + Pedestrian Transportation Plan
For the above projects, on-call construction management services shall consist of the following
tasks: a. Attendance at public meetings organized by City staff
b. Maintaining project documentation such as daily work reports and field orders c. Maintaining documentation for public grant funding d. Construction inspection
e. Work site safety observation f. Traffic control plan review and monitoring of implementation g. Material submittal processing coordination
h. Material testing coordination and oversite i. Construction schedule review and monitoring
j. Construction pay item quantity verification
k. Verification of prevailing wage compliance by contractors l. Verification of DBE (disadvantaged business enterprise) compliance by contractors
m. Invoice review and approval
n. Verification of public notice processing by contractors o. Request for Information (RFI) processing coordination
p. Change Order Request (COR) and Change Order (CO) processing q. Coordination of project punchlists r. Coordination of project closeout such as as-built plan review and approval
s. Coordination of Project Acceptance and Notice of Completion filing t. Coordination of final retention payment release
Task 7.2: On-Call Services
Additional budget of $100,000 per year is allocated for program and construction management services for other capital projects as needed over the 3-year contract period. For Task 7.2,
specific scope, schedule, and compensation will be documented in on-call task orders to be issued by the City Project Manager as needed.
Additional Services Additional Services include, but are not limited to, attendence at Council and Commission
meetings not originally intended in the scope of work and reimbursable expenses not included in
the base fee.
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Reimbursable Expenses
Travel and meal expenses shall not be Reimbursable items but shall be considered as included
in the fee for associated work items. Temporary trailers, computers, copiers, printers and office supplies are not considered as a Reimbursable expense. Printing of plans and specifications
shall be paid by City. Printing of flyers, presentation boards, telephone hotlines and other communication materials needed to fulfill outreach as described herein shall be budgeted for and provided as a Reimbursable item by Consultant. Job site safety fencing, if required from
Consultant, is a reimbursable expense.
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EXHIBIT “A-1” PROFESSIONAL SERVICES TASK ORDER
ON CALL SERVICES FOR TRANSPORTATION PROJECTS
Consultant hereby agrees to perform the work detailed below in accordance with all the terms and conditions of the
Agreement referenced in Item 1A below. All exhibits referenced in Item 8 are incorporated into the Agreement by
this reference. The Consultant shall furnish the necessary facilities, professional, technical and supporting personnel required by this Task Order as described below.
CONTRACT NO. C16163034 ISSUE DATE Purchase Requisition No.
1A. MASTER AGREEMENT NUMBER 1B. TASK ORDER NO.
2. CONSULTANT 3. PERIOD OF PERFORMANCE: START: COMPLETION: 4 TOTAL TASK ORDER PRICE: $__________________
BALANCE REMAINING IN MASTER AGREEMENT $__________________________________ 5. BUDGET CODE: _______________ COST CENTER_________________ COST ELEMENT______________ WBS/CIP___
_______PHASE___ 6. CITY PROJECT MANAGER’S
NAME/DEPARTMENT_________________________________________ 7. DESCRIPTION OF SCOPE OF SERVICES
MUST INCLUDE:
WORK TO BE PERFORMED
SCHEDULE OF WORK
BASIS FOR PAYMENT & FEE SCHEDULE
DELIVERABLES
REIMBURSABLES (with “not to exceed” cost)
8. ATTACHMENTS: A: Scope of Services B: __________________________________ -----------------------------------------------------------------------------------------------------------------------------------
I hereby authorize the performance of I hereby acknowledge receipt and acceptance the work described above in this Task Order. of this Task Order and warrant that I have
authority to sign on behalf of Consultant.
APPROVED: APPROVED: CITY OF PALO ALTO COMPANY NAME: ______________________
BY:__________________________________ BY:____________________________________ Name ________________________________ Name __________________________________
Title_________________________________ Title___________________________________ Date _________________________________ Date ___________________________________
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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 from NTP
Task 1.1: Project Management, Planning, and Coordination (Projects 1-9) 36 months
Task 1.2: Project Management System (Projects 1-9) 36 months
Task 2: Acquisition and management of project consultants (Projects 1-3) 36 months
Task 3: Design/Document reviews (Projects 1-3) 36 months
Task 4: Pre-Construction services (Projects 1-3) 36 months
Task 5((Optional): Construction Management services (Projects 1-3) N.I.C.
Task 6: Budget and schedule management (Projects 1-9) 36 months
Task 7.1: On-call services for Transportation Projects 24 months
Task 7.2: On-call services (Allowance) 36 months
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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.
For subconsultants, such as inspectors, special inspectors, electronic document services,
and photographic documentation services, the CITY agrees to compensate the CONSULTANT for services performed in accordance with the terms and conditions of this Agreement, and as set forth in the budget schedule below. Compensation shall be
calculated based on the actual cost of the subconsultant, plus a fee of 5%, up to the not-to-
exceed budget amount for each task set forth below.
The compensation to be paid to CONSULTANT under this Agreement for all services described in Exhibit “A” (“Basic Services”) and reimbursable expenses shall not exceed $3,818,610. 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 $4,200,471. 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, and the total compensation for Additional Services do not exceed the amounts set forth in Section 4 of
this Agreement.
DESCRIPTION NOT-TO-EXCEED AMOUNT
BASIC SERVICES Year 1 Year 2 Year 3 Total
Task 1.1: Project Management, Planning,
and Coordination (Projects 1-9) $140,898 $140,898 $140,898 $422,694
Task 1.2: Project Management System
(Projects 1-9) $175,000 $100,000 $100,000 $375,000
Task 2: Acquisition and management of
project consultants (Projects 1-3) $144,975 $144,975 $144,975 $434,925
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Task 3: Design/Document reviews (Projects 1-3) $206,762 $206,762 $206,762 $620,286
Task 4: Pre-Construction services (Projects 1-3) $283,650 $283,650 $283,650 $850,950
(Optional) Task 5: Construction
Management services (Projects 1-3) $0 $0 $0 $0
Task 6: Budget and schedule management (Projects 1-9) $63,985 $63,985 $63,985 $191,955
Task 7.1: On-call services for Transportation Projects $333,400 $253,400 $0 $586,800
Task 7.2: On-call services (allowance) $100,000 $100,000 $100,000 $300,000
TOTAL BASIC SERVICES $1,448,670 $1,293,670 $1,040,270 $3,782,610
REIMBURSABLE EXPENSES $12,000 $12,000 $12,000 $36,000
TOTAL BASIC SERVICES AND
REIMBURSABLES $1,460,670 $1,305,670 $1,052,270 $3,818,610
ADDITIONAL SERVICES – 10% OF ABOVE $146,067 $130,567 $105,227 $381,861
TOTAL NOT-TO-EXCEED AMOUNT $1,606,737 $1,436,237 $1,157,497 $4,200,471
REIMBURSABLE EXPENSES Reimbursables expenses include, but are not limited to, preparation of public outreach materials,
cost of copying of plans and specifications, and other tasks not included herein. Postage (with
the exception of delivery of large items such as contract documents or overnight mail), travel, meals, computers, bridge tolls, telephone, administrative, overhead, secretarial time or secretarial overtime, word processing, photocopying, in-house printing, insurance, other ordinary
business expenses, and other related overhead costs are included within the scope of payment for
services and shall not be considered as reimbursable, but shall be included in the overall project
costs.
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
expenses, 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.
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Additional Services include, but are not limited to, attendence at meetings, value engineering,
calculations, subconsultant expertise and reimbursable expenses not included in the base fee.
The Additional Services fee is 10% of preceeding annual activities, including Reimbursables.
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EXHIBIT “C-1” SCHEDULE OF RATES
1. David Marks ‐ Principal $190 per hour
2. Hans de Roos ‐ Sr. Project Manager $175 per hour
3. Chuck Becker ‐ Sr. Project Manager $175 per hour
4. Martin Dickinson/Ron Barri ‐ Project Manager $ 155 per hour
5. Estimator & Peer Reviews $160 per hour
6. Project Accountant/ Admin $150 per hour
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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:
REQUIRED TYPE OF COVERAGE REQUIREMENT MINIMUM LIMITS
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 (30) 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
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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,
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 CONSULTANT 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 CONSULTANT SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
NOTICES SHALL BE EMAILED TO: InsuranceCerts@CityofPaloAlto.org
PURCHASING AND CONTRACT ADMINISTRATION CITY OF PALO ALTO P.O. BOX 10250 PALO ALTO, CA 94303
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