HomeMy WebLinkAbout2002-03-04 City Council (6)TO:
FROM:
DATE:
City of Palo Alto
City Manager’s Report
HONORABLE CITY COUNCIL
CITY MANAGER
MARCH 4, 2002
DEPARTMENT: PUBLIC WORKS
CMR:159:02
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SUBJECT:APPROVAL OF CONTRACT WITH ELS ARCHITECTURE AND
URBAN DESIGN IN THE AMOUNT OF $191,144 FOR
CONCEPTUAL ARCHITECTURAL DESIGN SERVICES FOR THE
MAIN LIBRARY EXPANSION, CAPITAL IMPROVEMENT
PROGRAM PROJECT 10204
RECOMMENDATION
Staff recommends that Council:
Approve and authorize the Mayor to execute the attached contract with ELS
Architecture and Urban Design (ELS) in the amount of $191,144 for conceptual
architectural design services for the Main Library Expansion.
Authorize the City Manager or his designee to exercise the option to negotiate and
execute one or more change orders to the contract with ELS for related, additional
but unforeseen work which may develop during the project, the total value of
which will not exceed $8,856.
BACKGROUND
In May 2000, the City’s Library Advisory Commission (LAC) produced the New Library
Plan (NLP). This document lists the LAC’s recommendations for upgrading the City’s
library system. Specifically, the LAC recommends creating two resource libraries at the
City’s Main and Mitchell Park Libraries, renovating and expanding the Children’s
Library, and renovating the three neighborhood libraries (Terman Park, Downtown and
College Terrace).
The Council has approved coordinating the Main Library expansion project with the Art
Center Foundation’s proposed expansion of the Art Center as the two facilities share the
same site. Consequently, the Art Center Foundation retained a consultant to prepare a
feasibility study of the Main Library/Art Center site. The results of that study were
presented to Council on February 19, 2002. Council approved two site schemes for
development into conceptual designs.
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DISCUSSION
City staff conducted an extensive solicitation for an architect to prepare the conceptual
designs of the Main Library, the Art Center, and the site. First, the scope of services was
reviewed by. the Council’s Policy and Services Committee. Then, a Request for
Qualifications was issued, and eleven firms responded with a Statement of Qualifications
(SOQ). The Selection Committee, consisting of 17 members representing the Art Center
Foundation, the Library Advisory Commission, Friends of the Library, community
gardeners, and staff, reviewed the SOQ’s and selected three firms to receive a Request for
Proposal and to be interviewed.
At the conclusion of the interviews and reference checks, the Selection Committee was
split between two architects. Mark Cavagnero Associates, who had prepared the
feasibility study, was felt to be the best candidate for the Art Center expansion project,
and a partnership of two firms, ELS and Meyer, Scherer and Rockcastle (MS&R), was
felt to be the best choice for the Main Library expansion project. The Selection
¯ Committee unanimously agreed to retain both architects.
The work to’ be performed under this contract is for the conceptual designs of the Main
Library for the Newell/Embarcadero site project. The architect will develop the two site
feasibility schemes approved by Council. Additionally, the architect will be required to
provide conceptual designs that can be constructed in two phases. The architect will also
be required to provide construction cost estimates for each phase of each conceptual
design. This will allow the Council more flexibility in deciding which projects should be
placed on a November 2002 ballot for public funding. Concurrent with the conceptual
design effort, staff and other City consultants will be preparing the Environmental Impact
Report (EIR) for the project. Both the conceptual designs and the EIR are expected to be
completed in June 2002.
ELS will be the architect-of-record for this project, _with MS&R acting as the design
architect. EL S’s proposed fee of $191,144 is within the currently available budget for the
project. The fee is a not-to-exceed amount using ELS’s and MS&R’s hourly rates and is
consistent with consultant fees typically charged for conceptual design services.
It is staff’s intent to amend the contract with ELS upon successful completion of the
conceptual design services, or to enter into a new contract with ELS, to include the
remaining design services for the project: schematic design, design development,
construction documents and construction support services. However, this is contingent
upon passage of a bond measure in November 2002 to fund the project and would
probably not occur until 2005 as the Main Library is slated to be the last of the three
library expansion projects.
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RESOURCE IMPACT
Funds for the conceptual designs of this project are available in Capital Improvement
Project 10204, Library Master Plan, upon Council’s passage of the Mid-year Budget
Adjustment, scheduled for March 11, 2002. Due to the need to start the conceptual
designs as soon as possible in order, to meet the schedule for completion of conceptual
designs by June 2002, staff recommends Council conditionally approve the contract now
subject to passage of the Mid-year Budget Adjustment.
Additional funds need to be budgeted to complete design services and for construction.
This is expected to occur upon passage of a bond measure in November 2002: Also,
current staffing levels are inadequate to proceed with this project beyond the conceptual
design. Consequently, staff will propose a staffing plan to provide project management
services through the design and construction phases of all the NLP projects and present, it
to Council at a later date.
POLICY IMPLICATIONS
This recommendation does not represent any change to existing City policiefi.
ENVIRONMENTAL REVIEW
The demolition of the Main Library, considered potentially eligible for the California
Register of Historical Resources, is a significant environmental impact. If Council
ultimately decides to demolish the Main Library in order to construct a new one, as one of
the schemes for development into conceptual designs includes, an EIR needs to be
completed first. Staff and,City consultants are preparing the EIR now and expect it to be
completed in June 2002.
ATTACHMENTS
Attachment A: Contract
PREPARED BY:
DEPARTMENT HEAD:
OB MORRIS
Senior Project Manager
Director of Public Works
CITY MANAGER APPROVAL:
E~’LILY HARRISON
Assistant City Manager
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ATTACHMENT A
CONTRACT NO.
BETWEEN THE CITY: OF PALO ALTO AND
ELS ARCHITECTURE AND URBAN DESIGN
FOR CONSULTING SERVICES
This Contract No.is entered into
by and between the CITY OF PALO ALTO, a chartered city and a
municipal corporation of the State of California ("CITY"), and ELS
Architecture and Urban Design, (Taxpayer Identification Number
94-21778071° a California Corporation, located at 2040...~Addison
Street, Berkeley; CA 94704 ("CONSULTANT").
RECITALS:
WHEREAS, bity desires certain professional consulting
services ("S~rvices") and the preparation and delivery of
Instruments of Service ("Instruments of Service") as fully itemized
in Exhibit "A" by’the Consultant; and
WHEREAS, CITY.desires to engage CONSULTANT, including its
employees, if any, in providing the Services by reason of.its
.quglifications and- ~X~9:~i~nce in performing the serviceS~_~-.<and
CONSULTANT has offered to complete the Project on the terms and in
the manner set forth herel~;
NOW, THEREFORE, in consideration of the covenants, terms,
conditions, and provisions of this Contract, the parties agree:
SECTION I. TERM
I.I This Contract wi’l~ commence on the date of its
execution by the CITY, and will terminate upon completion Of tasks
defined in Exhibit "A", unless the Contract is earlier terminated
by CITY. Upon the receipt of CITY’s notice to proceed, CONSULTANT
will .commence work on the initial and subsequent Project .tasks in
accordance with the time schedule set forth in Exhibit "A". Time
is of the essence Of this Contract. In the event that the Project
is not completed within the time required .through any fault of
CONSULTANT, CITY’s city manager will have the option of extending
the time schedule for any period of time. This provision will not
preclude the r~4cogery 6f damages for delay.causedb~ CONSULT~NT.
SECTION 2.SCOPE OF PROJECT; CHANGES & CORRECTIONS.
2.1 The scope of Services and Instruments of Servlce
constituting the Project will be performed, delivered or executed
by CONSULTANT under the Phases of the Basic Services as described
below.
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2.2 CITY may order substantial changes in the scope or
character of the Basic Services, the Instruments of Service, or the
Project, either decreasing or increasing the amount of work
required of CONSULTANT. City may order an increase in the project
Schedule as defined in Exhibit ~A" to enable full participation in
the scope of this work by citizens of. Palo Alto and its elected or
appointed officials. The CITY and the CONSULTANT understand and
agree that time is of the essence in the execution of this
Contract. Therefore, the CITY and the CONSULTANT, in the event
that the schedule is substantially altered or extended, through no
fault’ of the CONSULTANT, agree that the CONSULTANT may be entitled
to additional compensation but only if mutually agreed in..~riting.
In the event that such changes are ordered, subject to theapproval
of CITY’s .City Council, as may be required, CONSULTANT will be
entitled to full compensation for all work performed prior to
CONSULTANT’s receipt of the notice of change and further will be
entitled to an extension of the time schedule. Any increase in
compensation for substantial changes will be determined in
accordance with the provisions of this Contract. CITY will not be
liable for the cost or payment of any change in work, unless the
amount of additional compensation attributable to the change in
work is agreed to, in writing, by CITY before CONSULTANT commences
the performance of any such change in work.
2.~3 Where the "pr.oject entails the drafting and.~
submission of Instruments Of Service, for example, construction
plans, drawings, and specifications, any and all errors, omissions,
or ambiguities in the Instruments of Service, which are discovered
by CITY before invitations to bid ona construction project (for
which the Instruments of Service are required) are distributed by
CITY, will be corrected by CONSULTANT at no cost to CITY, provided
CITY gives notice to CONSULTANT.
2.4 Any and all errors, omissions, or ambiguities in the
Instruments of Service, which are discovered by CITY after the
construction contract is awarded by CITY, will be corrected by
CONSULTANT, as follows: (a) at no cost tO CITY insofar as those
Services, including the Basic Services or the Additional Services,
as described below, or both, will result in minor or nonbeneficial
changes in the construction work required of the construction
contractor; or I-b) at CITY’s cost insofar as tho~ei~.iServices,
including the Basih Services or the Additional Services, or:both,
will add a direct and Substantial benefit to.the construction.work
required of the construction contractor. The project manager in -
the reasonable exercise of his or her discretion will determine
whether the Basic Services or the Additional Services, or both,
will contribute minor or substantial benefit to the construction
work.
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SECTION 3. QUALIFICATIONS, STATUS, AND DUTIES OF
CONSULTANT
3.1 CONSULTANT represents that it has the experience and
professional qualifications to furnish or cause to be furnished the
Services and Instruments of Service. CONSULTANT further represents
that the project director and every individual, including any
consultant (or contractors), charged with the performance of the
Services are duly licensed or certified by the State of California,
to the extent such licensing or certification is required by law to
perform the Services, and that the Project will be execute~ by them
or under their supervision. CONSULTANT will furnish to CITY for
approval, prior to execution of this Contract, a list of all key
individuals and the names of their employers or principals to be
employed as consultants.
3.2 In reliance on the representations set forth in this
Contract, c~TY hires CONSULTANT to execute, and CONSULTANT
covenants and agrees that it will execute or cause to be executed,
the Project.
3.3.. CONSULTANT will assign Carol Shen as the project
-director to have supervisory responsibility for the performance,
progress, and execut.ion of the Project. Bruce Bullman will be
assigned as the project c~ordinator who will represent CONSULTANT
during the day-to-day work on the Project. If circumstances or
conditions subsequent to the execution of this Contract cause the
substitution of the project director or project coordinator for any
reason, the appointment of a substitute project director or
substitute project coordinator will be subject to the prior written
approval of the City’s proj~.ect manager."
3.4 CONSULTANT represents that it will:
3.4.1 As required by the State of California, the
CONSULTANT will procure all permits and licenses, pay all charges-
and fees, and give all notices which may be necessary and incident
to the due and lawful prosecution.of the project as a licensed
Architect in the State of California. The CITY; as the Owner of
the Project, will procure all permits and licenses, pay all ~charges
and fees, and give all notices, which may be necessary and incident
to the due and lawful prosecution of the project.
3.4.2 Keep itself fully informed of all existin@ and
future Federal, State of California, and local laws, ordinances,
regulations, orders, and decrees which may affect those engaged or
employed under this Contract and any materials used in CONSULTANT’s
performance of the Services;
3.4.3 At all times observe and comply with, and cause
its employees and consultants, if any, who are assigned to the
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performance of this Contract to observe and comply with, the laws,
ordinances, regulations, orders and decrees mentioned above; and
3.4.4 Will report immediately to the project manager,
in writing, any discrepancy or inconsistency it discovers in the
laws, ordinances, regulations, orders, and decrees mentioned above
in relation to the Instruments of Service.
3.5 Any Instruments of Service given to, or prepared or
assembled by, CONSULTANT or its consultants, if any, under this
Contract will become the property of CITY and will not be made
available to any individual or organization by CONSULTANT or its
consultants, if any, without the prior written approval of the city
manager. CITY shall not make any modifications to the Instruments
of Service without the prior written authorization of the
CONSULTANT. CITY agrees, to the fullest extent permitted by law,
to indemnify and hold the CONSULTANT harmless from any claim,
liability or cost (including reasonable attorneys’ fees and defense
costs) arising or alledgedly arising out of any unauthorized
modification of the Instruments of Service by the CITY or any
person or entity that acquires or obtains the plans and
specifications from or through the CITY without written
authorization of the CONSULTANT.
3.6 CONSULTANT¯will provide CITY with three (3) copies
of any documents which are a part of the Instruments of Service
upon their completion and acceptance by CITY.
3.7 If CITY requests additional copies of any documents
which are a part of the Instruments of Service, CONSULTANT will
provide such additional copies and CITY will compensate CONSULTANT
for its duplicating costs.
3.8 CONSULTANT will be responsible for employing or
engaging all persons necessary to execute the Project. All
consultants of CONSULTANT will be deemed to be directly controlled
and supervised by CONSULTANT, which will be responsible for their
performance. If any employee or consultant of CONSULTANT fails or
refuses to carry out .the provislons of this Contract or appears to
be incompetent or to act in a disorderly or improper, manner, the
employee or consultant will be discharged immediately from further.~
performance under this Contract on demand of the project manager.
3.9 In the execution of the Project, CONSULTANT and its
consultants, if any, will at all times be considered independent
contractors and not agents or employees of CITY.
3.10 CONSULTANT will perform or obtain or cause to be
performed or obtained any and all of the following Additional
Services, not included under the Basic Services, if so authorized,
in writing, by CITY:
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3.10.1
.connection with any public hearing or meeting,
proceeding,or proceeding of a court of record;
Providing services as an expert witness in
arbitration
3.10.2 Incurring travel and subsistence expenses for
CONSULTANT and its staff beyond those normally required under the
Basic Services;
3.10.3 Performing any other Additional Services that
may be agreed upon by the parties subsequent to the execution of
this Contract; and
3.10.4 Other Additional Services now or ~$reafter
described in Exhibit "A" to this Contract.
3.11 CONSULTANT will be responsible for emplgying
all consultants deemed necessary to" assist CONSULTANT in the
performance of the Services. The appointment of consultants-must
be approvedl ’in advance, by CITY, in writing, and must remain
acceptable to CITY during the term of this Contract.
SECTION 4. DUTIES OF CITY
4.1 CITY will furnish or pause to be furnished the
services listed in Exhibit "A" and such,’information regarding its
requirements applicable [o the Project as may be reasonably
requested by CONSULTANT."
4.2 CITY will review and approve, as necessary, in a
timely manner the Instruments of Service andeach phase of work
performed by CONSULTANT. CITY’S estimated time of review and
approval will determined prior to execution of’this Agreemenu and
is included in the schedule de{ined in Exhibit ~A". CONSULTANT-"
acknowledges and understands that the interrelated exchange of
information among CITY’s various departments makes it extremely
difficult for CITY to firmly establish the time of each review and
approval task. CITY’s failure.to review and approve within the
estimated time schedule will not constitute a default under this
Contract. The CITY may require additional time for review and
approval over an above that defined in Exhibit ~A" Should
additional time be required, the CITY will notify the CONSULTANT at
the time of submission of each phase of the work, the CITY
acknowledges that this extension of time may .require additional
services by the consultant. Both parties must agree In writing to
any additional services and may be provided only if such services
are demonstrated by CONSULTANT to be necessary and if they are
approved by the CITY.
4.3 The city manager will represent CITY for all
purposes under this Contract. Bob Morris is designated as the
project manager for the city manager. The project manager will
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supervise the performance, progress, and execution of the Project,
and will be assisted by Debra Jacobs, the project englneer.
4.4 If CITY observes or otherwise becomes aware of any
default in the performance of CONSULTANT, CITY will use reasonable
efforts to give written notice thereof to CONSULTANT in a timely
manner.
SECTION 5. COMPENSATION
5.1 CITY will compensate CONSULTANT for the following
services and work:
5.1.1 In consideration of the full performance of the
Basic Services, including any authorized reimbursable expenses,
CITY will pay CONSULTANT a fee not to exceed One Hundred Ninety One
Thousand One Hundred Forty Four dollars ($191,144.00). The amount
of compensation will be calculated in accordance with Exhibit "B".
The fees of the consultants, who have direct contractual
relationships with CONSULTANT, will be approved, in advance, by
CITY. CITY reserves the right to refuse payment of such fees, if
such prior approval is not obtained by CONSULTANT.
.. 5.1..2 In consideration of the full performance of
Additional Services, .the-amount of compensation.:..wi~l-I not exceed
Eight Thousand Eight Hundred .Fifty Six dollars ($8,856). The
amount of CONSULTANT’S ompensation for Additional Services will be
calculated in accordance with the hourly rate schedule set forth in
Exhibit "B", up to the maximum amount set forth in this Section.
5.1.3 The full payment of charges for extra work or
changes, or both, in the execution of the Project will be made,
provided such request for payment is initiated by CONSULTANT and
authorized, in writing, by the project manager. Payment will be
made within thirty (30) days of submission by CONSULTANT of a
statement, in triplicate, of itemized costs covering such work or
changes, or both. Prior to commencing such extra work or changes,
or both, the parties will agree upon an estimated maximum cost for
such extra work or changes. CONSULTANT will not be paid for extra
work or changes, including, without limitation, any design work or
change order preparation, which is made necessary on account of
CONSULTANT’s errors, omissions, or oversights.
5.1.4 Direct personnel expense of employees assigned
to the execution of the Project by CONSULTANT will include only the
work of architects, engineers, designers, job captains, surveyors,
draftspersons, specification writers and typists, in consultation,
research and design, work in producing drawings, specifications and
other documents pertaining to the Project, and in services rendered
during construction at the site, to the extent such servlces are
expressly contemplated under this Contract. Included in the cost
of direct personnel expense of these employees are salaries and
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mandatory and customary benefits such as statutory employee
.benefits, insurance, sick leave,: holidays and vacations, penslons
and similar benefits.
5.2 The schedule of payments will be made as follows:
5.2.1 Payment of the Basi.c Services will be made in
monthly progress payments in proportion to the quantum of servlces
performed, or in accordance with any other schedule of payment
mutually agreed upon by the parties, as set forth in Exhibit ~B",
or within thirty (30) days of submisslon, in triplicate, of such
requests Lf a schedule of payment is not specified. Final payment
will be ma~e by CITY after CONSULTANT has submitted all In~hruments
of Service, including, without limitation, reports which have been
approved by the project manager.
5.2.2 Payment ofthe Additional Services will b~ made
in monthly p[ogress payments for services rendered, within ~hirty
(30) days of ~ubmission, in triplicate, of such requests.
5.2.3 No deductions will be made from CONSULTANT’s
compensation on account of penalties, -liquidated damages, or other
sums withheldby CITY from payments to general contractors.
-.’. -.SECTION 6 .ACCOUNTING, AUDITS , OWNERSH~IP:..OF RECORDS
6.1 Records of the direct’ personnel expenses and
expenses incurred in connection with the performance of Basic
Services and Additional Services pertaining to the Project-willbe
prepared, maintained, and retained by CONSULTANT-in accordance with
generally accepted accounting principles and wilL.be made available
to CITY for auditing purposes at mutuallyconvenient times during
the term of this Contract and for three (3) years following the."
expiration or earliertermination of this Contract.
6.2 The originals of the Instruments of Service prepared
by-or under the direction of CONSULTANT in the performance of this
.Contract will become the property of CITY irrespective of whether
the Project is completed upon CITY’s payment of the amounts
required to be paid to CONSULTANT. These originals~ will be
delivered to CITY without additional compensation. CITY shall not
make :any modifications to the Instruments of Service without the
prior written authorization of the CONSULTANT.: CITY agrees, .to the
fullest extent permitted by law, to :indemnifyand hold the
CONSULTANT harmless from any claim, liability or cost (including
reasonable attorneys’ fees and defense costs) arising or alled~edly
arising out of any unauthorized modification of the Instruments of
Service by the CITY or any person or entity that acquires or
obtains the plans and specifications from or through the CITY
without written authorization of the CONSULTANT.
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SECTION 7.INDEMNITY
7.1 CONSULTANT agrees to protect, indemnify, defend and
hold harmless CITY, its. Council members, officers, employees and
agents, from any.and all demands, claims, or ~iability of any
nature, including death or injury to any person, property damage or
any other loss, to the extent caused by or arising out of
CONSULTANT’s, its officers’, agents’, consultants’ or employees’
negligent acts, errors, or omissions, or conduct for which
applicable law may impose strict liability on CONSULTANT in the
performance of or failure to perform its obligations under this
Contract. .~
SECTION 8. WAIVERS
8.1 The waiver by either party of any breach or
violation of any covenant, term, condition or provision of this
Contract or of the provisions of any ordinance or law will not be
deemed to be a waiver of any such covenant, term, condition,
provision, ordinance, or law or of any subsequent breach or
violation of the same or of any other covenant, term, condition,
provision, ordinance or law. The subsequent acceptance by either
party of any fee or other money which may become due hereunder will
not be deemed to be a waiver of any preceding breach.or.violation
.by the other-.p~t~i0f~any covenant, term, condition or.~pro~ision of~.
this Contract or of any applicable law or ordinance.
8.2 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 Contract.
SECTION 9. INSURANCE
9.1 CONSULTANT, at its sole cost and expense, will
obtain and maintain, in full force and effect during the-term of
this Contract, the insurance coverage described in Exhibit "C"
insuring not only CONSULTANT and its consultants, if-any, but also,
with the exception of workers’ compensation, employer’s liability
and professional liability insurance, naming CITY as an additional
insured concerning CONSULTANT’s performance under this Contract.
9.:2 -All insurance coverage required hereunder will be
provided through carriers with Best’s Key Ratinq Guide¯ ratings of
A:VII or higherwhich are-admitted to~ transact insurance business
in the State of California. Any and all consultants of CONSULTANT
retainedto perform Services under this Contract will obtain and
maintain, in full force and effect during the term of this
Contract, identical insurance coverage, naming CITY as an
additional insured under such policies as required above.
9.3 Certificates of such insurance, preferably on the
forms provided by CITY, will.be filed with CITY concurrently with
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the execution of this Contract. The certificates will be subject
to the approval of CITY’s risk manager and will contain an
endorsement stating that the insurance is prlmary coverage and will
non be canceled or altered by the insurer except after filing with
the CITY’s city clerk thirty (30) days’ prior written notice of
such cancellation or alteration, and that the City of Palo Alto is
named as an additional insured except in policies of workers’
compensation, employer’s liability, and professional liability
insurance. Current certificates of such insurance will be kept on
file at all times during the term of this Contract with the city
clerk.
~.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
Contract. Notwithstanding the policy or policies of insurance,
CONSULTANT will be ~obligated for the full~and total amount Of any
damage, injury, or loss to the extent caused by or directly arising
as a result 8f the negligence in Services performed under this
Contract, including such damage, injury, or loss arising after the
Contract is terminated or the term has expired.
SECTION i0. WORKERS’ COMPENSATION
10.1 .CONSULTANT, by executing this Contract., :certifies
that it is aware of the provisions of the Labor Code of the State
of California which require every empl~yer to be insured against
liability for workers’ compensation or to undertake self-insurance
in accordance with the provisions of that Code, and certifies-that
it will comply With such provisions, as applicable,, before
commencing the performance of the Project.
PROJECT
SECTION Ii. TERMINATIQN OR SUSPENSION OF CONTRACT OR
ii.i The city manager may suspend the execution of the
Project, in whole or in part, or terminate this Contract, with or
without cause, by giving thirty (30) days’ prior written notice
thereof to CONSULTANT, or immediately after submission to CITY by
CONSULTANT of any completed item of Basic Services. -Upon receipt
of such notice, CONSULTANT will immediately discontinue its
performance under this Contract.
11.2 CONSULTANT may terminate this Contract or suspend
its execution of the Project by giving thirty (30) days’ prlor
written notice thereof to CITY, but only in the event 6f a
substantial failure of performance by CITY or in the event CITY
indefinitely withholds or withdraws its request for the initiation
or continuation of Basic Services or the execution of the Project.
11.3 Upon such suspension or termination by CITY,
CONSULTANT will be compensated for the Basic Services and
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Additional.Services performed and Instruments of Service received
and approved prior to receipt of written notice from CITY of such
suspension or abandonment, together with authorized additional and
reimbursable expenses then due. If the Project is resumed after it
has been suspended for more than 180 days, any change in
CONSULTANT’s compensation will be subject to renegotiation and, if
necessary, approval of CITY’s City Council. If this Contract 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 in the
reasonable exercise of her discretion.
11.4 In the event of termination of this Contract or
suspension of work on the Project by CITY where CONSULTANT is not
in default, CONSULTANT will receive compensation as follows:
11.4.1 For approved items of services, CONSULTANT will
be compensated for each item of service fully performed in the
amounts authorized under this Contract.
11.4.2 For approved items of services on which a
notice to proceed is issued by CITY, but which are not fully
performed, CONSULTANT will be compensated for each item of service
in an amount which-bears:<t:he’~same ratio-to the total fee otherwise.
payable for the perfo[~ance of the service as the quantum of
service actually rendered bears to the services necessary for the
full performance of that item of service.
11.4.3 The total compensation payable under the
preceding paragraphs of this Section will not exceed the payment
specified under Section 5 for the respective items of service to be
furnished by CONSULTANT.
11.5 Upon such suspension or termination, CONSULTANT
will deliver to the city manager upon receipt of final payment any
and all- copies .of the Instruments of Service, whether or not
completed, prepared by CONSULTANT or its consultants, if any, or.
given to CONSULTANT or its consultants, if any, in connection with
this Contract. .Such materials will become the property: of.CITY.
11.6 The’ failure of CITY to agree with CONSULTANT’s
independent findings, conclusions, or recommendations, :if the-same
are called for und~f--tH~s Contract, on the basis of differences in
matters of judgment, will not be construed as a failure on the part
of CONSULTANT to fulfill its obligations under this Contract.
SECTION 12.ASSIGNMENT
12.1 This Contract is for the personal services of
CONSULTANT, therefore, CONSULTANT will not assign, transfer,
convey, or otherwise dispose of this Contract or any right, title
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10
or interest in or to the same or any part thereof without the prlor
written consent of CITY. A consent to one assignment will not be
deemed to be a consent to any subsequent assignment. Any
asslgnment made without the approval of CITY will be void and, at
the option of the city manager, this Contract may be terminated.
This Contract will not be assignable by operation of law.
SECTION 13.NOTICES
13.1 All notices hereunder will be given, in writing,
and mailed, postage prepaid, by certified mail, addressed as
follows:
To CITY:Office of the City Clerk
City of Palo Alto
Post Office Box 10250
Palo Alto, CA 94303
To CONSULTANT: Attention of the project director
at the address of .CONSULTANT recited above
SECTION 14. CONFLICT OF INTEREST
14.1 In accepting this Contract, CONSULTANT covenant.s
that it presently has .no interest, and will not acquire
interest, direct or indirect, financial or otherwise, which would
confl.ict in any manner or degree wit~ the performance of the
Services.
14.2 CONSULTANT further covenants that, in .the
performance of this Contract, it will not employ contractors or
persons having such an interest ment[oned above. CONSULTANT
certifies that no one who has orwill have any financial interest
under this Contract 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.
SECTION 15. NONDISCRIMINATION
15.1 As set forth in the Palo Alto Municipal .Code, no
discrimination will be made in the employment of persons under this
Contract because of. the age, race, color, national, origin,
ancestry, religion~ disability, sexual preference or gender of~such
person. If the value of this Contract is, or may be, five thousand
dollars ($5,000) or -more, CONSULTANT agrees to meet all
requirements .of the Palo Alto Municipal Code pertainin~ to
nondiscrimination in employment, including completing the requisite
form furnished by CITY and set forth in Exhibit "D"
15.2 CONSULTANT:agrees that each contract for services
from independent providers will contain a provisionsubstantially
as follows:
020215 lh 0052928
11
"[Name of Provider] will provide CONSULTANT
with a certificate stating that [Name Of
Provider] is currently in compliance with all
Federal and State of California laws covering
nondiscrimination in employment; and that
[Name of Provider] will not discriminate in
the employment of any person under this
contract because of the age, race, color,
national origin, ancestry, religion,
disability, sexual preference or gender of
such person."
15.3 If CONSULTANT. is found in violation of the
nondiscrimination provisions of the State of California Fair
Employment Practices Act or similar provisions of Federal law or
executive order in the performance of this Contract, it will be in
default of this Contract. Thereupon, CITY will have the power to
cancel or suspend this Contract, in whole or in part, or to deduct
the sum of twenty-five dollars ($25) for each person for each
calendar da~ during which such person was subjected to
discrimination, as damages for breach of contract, or both. Only a
finding of the State of California Fair Employment Practices
Commission or the equivalent federal agency or officer will
constitute:evidence-of a. breach~of, this Contract ...... .....
SECTION 16. MISCELLANEOUS PROVISIONS
16.1 CONSULTANT represents that it has knowledge of the
requirements of the federal Americans with Disabilities Act of
1990, and the Government Code and the Health and Safety Code of the
State of California, relating to access to public buildings and
accommodations for disabled persons, and relating to facilities for
disabled persons. CONSULTANT will comply with or ensure by its
advice that compliance with such provisions will be effected
pursuant to the terms of this Contract.
16.2 Upon the agreement of the parties, any controversy
or claim arising out of or relating to this Contract may be settled
by arbitration in accordance with the Rules of the American
Arbitration Association, and judgment upon the award rendered by
the Arbitrators may be entered in any court having jurisdiction
thereof. .~ - -
16.3 This Contract will be governed by the laws of the
State of California, excluding its conflicts of law.
16.4 In the event that an action is brought, the parties
agree that trial of such action will be vested exclusively in the
state courts of California or in the United States District Court
for the Northern District of California in the County of Santa
Clara, State of California.
020215 lh 0052928
t2
16.5 The prevailing party in any action brought to
enforce the terms of this Contract or arising out of this Contract
may recover its reasonable costs and attorneys’ fees expended in
connection with that action.
16.6 This document represents the entire and integrated
-Contract between the parties and supersedes 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.
16.7 All provisions of this Contract, whether covenants
or conditions, will be deemed to be both covenants and conditions.
16.8 The covenants, terms, conditions and provisions of
this Contract will &pply to, and will bind) the helrs, successors,
executors, administrators, assignees, and consultants, as the case
may be, of thA parties.
16.9 If a court of competent jurisdiction finds or rules
that any provision of this Contract or any amendment thereto is
void or unenforceable, the unaffected provisions of this Contract
and any amendments thereto will remain~ in full f~rce and .effect.
16.10 All exhibits referred to in this Contract and any
addenda, appendices, attachments, and schedules which, from time to
time, may be referred to in any duly executed amendment hereto are
by such reference incorporated in this Contract and will be deemed
to be a part of this Contract.
16.11 This Contract may be executed in any number of
.counterparts, each of which will. he an orlginal, but all of which~
together will constitute one and the same instrument.
16.12 This Contract i-s subject to the fiscal provislons
of the Charter of the City of Palo Alto and the Palo Alto Municipal
Code. This Contract will terminate without any penalty (a) at the
end of any fiscal year in the event that funds are not appropriated
for the-following fiscal year, or (b) at any time within a fiscal
year in the event that. funds .are.only appropriated .for a portion of
the fiscal year and funds for this Contract are no longer
available. This Section. 16.12 will take precedence in the event of
a conflict with any other covenant, term, condition, or provlsion
of this Contract.
//
//
020215 lh 0052928
13
IN WITNESS WHEREOF, the parties hereto have by their duly
authorized representatives executed this Contract on the date first
above written.
ATTEST:CITY OF PALO ALTO
City Clerk
APPROVED AS TO FORM:
City Attorney
APPROVED:
Assistant CityManager
Director of Administrative
ServiCes
Director of Public Works
Mayor
ELS ARCHITECTURE AND URBAN
DESIGN
By: ~
Name:~-~ I_ ~~
Title:~~.
Name: O ~~
Insurance Review Taxpayer Identification No.
94-2177807
Attachments :
EXHIBIT "A" :
EXHIBIT ".B’.’ :
EXHIBIT. "C" :
EXHIBIT "D’ ¯
(Compliance with Corp. Code ~ 313 is
required if the entity on whose behalf
this contract is signed is a corporation,
In the alternative, a certified corporate
resolution attesting to the signatory
authority of the individuals signing
their respective capacities is acceptable)
SCOPE OF PROJECT &TIME SCHEDULE
RATE SCHEDULE ........
INSURANCE " ¯ -
NONDISCRIMINATION COMPLIANCE FORM
020215 lh 0052928
14
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code § 1189)
COUNTY OF
On/~/~/4~*/w ~/’Z/f~, 2002, before me, the undersigned, a
Notary Public in andfor said County ~nd State, personally...appeared
~ ,.~"~,,9"/b"" A/’#’~ ~,6"~-~’F~,,,~"-/~/~ ~~ , personally known to
me or proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) H/are subscribed to the within instrument
and acknowledged to me that h~/they executed the same in
/~i~/their authorized capacity(ies) i and that by g~-~/their
signature(s) .on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
COMM. # 1321730
NOTARY PUBLIC-CALIFORNIA ~
ALAMEDA COUNTY 0
COMM.
WITNESS my hand and official seal.
’ ~’lgn~ture, of Notary Public
020215 lh 0052928
15
Exhibit A
City-of Palo Alto
Main Library Gonceptual Design Services: Part UI--Scope of Services and
Gontract between ELS Architecture and Urban Design and the Gity of Palo Alto, GA,
Time Schedule
Key Individuals as required by Article 3.1
Architects of Record
ELS Architecture and Urban Design
2040 Addison Street
Berkeley, CA 94704
Telephone:510.549.2929
Fax:510.843.3304
Contact:. Carol Shen
E-mail:CShen@elsarch.com
Mechanical, Electrical Engineers
Arup
901 Market Street, Suite 260
San Francisco, CA 94103
Telephone:415.957.9445
Fax:415.957.9096
Contact:Alisdair McGregor, PE
E-mail:~":
Library Design Architects and Interior Designers
Meyer, Scherer ~ Rockcastle, Ltd.
119 North Second Street
Minneapolis, MN 55401-1426
Telephone:612.375.0336
Fax:612.J~2.2216
Contact:Jeffrey A. Soberer, FAIA
E-mail:jeffrey@msrltd.com
Structural and Civil Engineers
Rutherford &: Chekene
427 Thirteenth Street
Oikland, CA 94612
Telephone:510.740.3203
Fax:510.740.3340
Contact:Harold Day!s, SE
E-maih
Landscape Architect
MPA Design
414. Ma.disbn.Street, Suitd 60..1. ...
San Francisco, CA 94102
Telephone:415,434.4664
Fax:415.434.4665
Contact:Michael Painter
E-mail:michael@mpadesign.com
Cost Estimator
Davis Langdon Adamson
170 Columbus, Suite301
San Francisco, CA 94133
Telephone:.(415) 981-1004
Fax:(415) 981-1419
Contact:Sam Evison
Page 1 of 5 2/18102
City of Palo Alto Main Library Conceptual Study
Scope of Work and Fee Proposal
Task 1. Preparation Work
1.1 City will provide consultant with the Guiding Principles of the ,Joint Site Study, the fe.asibility study, site master
plan, historical analysis and preliminary structural assessment of existing library and the Council-recommended
site option.
.1 Consultant will review and understand this document for use in preparing the conceptual plans.
1.2 City will provide consultant with the current programs and all existing plans, specifications, structural
calculations, geotechnical reports, engineering and architectural assessments, etc. for the Main Library.
Consultant will review and comment on the adequacy of this information. The Consultant will inform the
City if additional information, measurements or assessments are required to adequately complete the
conceptual study of the existing library.
1.3 Main Library Project Committee (MLPC) and consultant will meet to develop the process and schedule for the
work and to plan the first community meeting (MLPC Meeting No. 1).
.1 The Consultant will prepare for the MLPC meeting.
.2 The Consultant has included time for two (2) principals to attend this meeting. For the pur_poses of the fee
proposal, the Consultant has assumed four (4) hours as the length of the meeting¯
.3 The Consultant will provide follow-up documentation and time for briefing the project team on the
outcome of the meeting.
1.4 The consultant shall provide conceptuaMevel electrical, mechanical, telecommunications, life-safety, and ADA
assessments of the existing Main Library. This assessment is very general. The consultant will provide a more
complete assessment.
.1 Consultant has included required conceptual assessments of the existing Main Library for electrical,
mechanical, telecommunications, life-safety, and ADA.
12 An allowance of twelve (.12) hours for the structura! engineer to provide a more complete assessment of the
preliminary structural assessment is included. After receipt and review of the preliminary structural
assessment, the Consultant reserves the right to request additional time to prepare the more complete
assessf~ent.
.3 The Consultant is entitled to rely on the accuracy of the information prepa.,red by other.s.and provided to it
be thd ~ffl’:~ - ..... "’- ......
1.5 Team Coordination
.1 The C~)nsuitant will provide coordin~ition of.all team members keeping them informed of information
that affects their responsibilities
Task 2. Community Outreach
2.1 City will arrange two community meeting~ in order for the consultant to receive input regarding-the
community’s concerns, goals and desires for the Main Library project.
.1 Consultant shall attend a community meeting at the start of the project to gather input. The consultant
shall prepare documentation of this meeting and brief the team members on the impact of this input on the
conceptual designs.
.2 Consultant shall attend a commumty meenng during the conceptual design work phase. The Consultant
will present conceptual design schemes at this meeting. The consultant ,shall prepare documentation of this
meeting and brief the team members on the community review of the conceptual designs.
2.2 Main Library Project Committee and consultant shall meet to discuss the input from the first community
meeting and how it Impacts the development of the conceptual designs on of initial conceptual design.
A Consultant MPLC meeting number 2. The consultant shall prepare documentation on the outcomes and
conclusions of this meeting.
2.3 Consultant shall meet with the Library Advisory Commission (LAC) and City staff to develop strategies for
developing community sfipport and for private fundraising opportunities for. ~he project.
¯ 1 LAC / City Staff meeting number 1.
2.4 Follow-up Documentation and Team Briefings
2.5 Consultant Coordination
¯1 The Consultant will provide coordination of all team members keeping them informed of input that
affects their responsibilities.
Page 2 of.5 2/18/02
City of Palo Alto Main Library Conceptual Study
Scope of Work and Fee Proposal
Task 3. Initial conceptual designs
3.1 Consultant shall prepare two initial conceptual designs for the Main Library, utilizing and developing the
¯ feasibility study site option recommended by City Council, the programs and the community input. These two
concepts will be as follows:
Concept 1: Demolish the exiting library and construct a new library of 66,000 gross square feet.
Concept 2: Retain the historical significant elements of the existing library and provide for an addition that
creates a library of 66,000 gross square feet.
Each conceptual design will consist of presentation-quality floor plans, elevations, perspective sketches and a
study model. The Owner has preliminarily determined that the program allowance of 66,000 gross square feet
may not comply vcith the city’s financial capabilities for meeung all of their library needs. Accordingly, the
consultant will assist the city in making this a final determination by including with each conceptual design a
functional analysis for phasing the library work in two phases--phase 1 of 40,000 and phase 2.-.of 26,000. In
addition, ea4h phasing option shall include a Statement of Probable Cost. For Concept 1, the consultant will
additionally include an analysis of the existing structural system and the costs associated with ensuring that the
historically significant element of the project complies with all applicable building codes.
3.2 Main Library Project Committee and consultant ~hall meet to preview the initial conceptual designs and to
discuss and prepare fo.r the presentation of the initial conceptual designs to six Boards and Commissions (MLPC
Meeting No. 3).
.1 Meeting to preview three (3) conceptual designs
.2 Consultant shall revise/and complete conceptual designs based on input from the Main Library Project
Committee
.3 Consultant shall attend MLPC meeting number 3 to prese~it final concepts to the MLSP and s~x
Community Boards.
3.3 Follow-u-p Documentauon andTeam Briefings - v, ..........
3.4 Consultant Coordination - = -
.1 The Consultant will provide coordination of all team membe,~:s keeping them informed of input that
affects their responsibilities.
Task 4. Presentation of Initial Conceptual Designs -
4.1 City will arrange meetings with the following groups in order for consultant ’to present the initial conceptual
designs:
.1 Architectural Review Board (ARB)
.2 HistoricalResources Board (HRB)
.3 Planning and Transportation Commission (P6~C’)’
.4 Parks and Recreation Commission (P&RC)
.5 Library Advisory Commission (LAC)
.6 PublicArt Commtssion (PAC)
4.2 City anticipates there will be four meetings. These Board and Commission meetings will most likely be informal
study sessions lasting approximately one hour. The Consultant is assuming that these meetings will occur over
the duration of one calendar day.
¯1 . Joint meeting with ARB/HRB
.2 .Joint meeting with PAC/P&RC
.3 Joint meeting with LAC
.4 - Joint meeting with P&TC ....
4.3 Consultant shall prepare documentation of these meetings for distribution .to the .City and the Team.
Page 3 of 5 2118102
City of Palo Alto Main Library Conceptual Study
Scope of Work and Fee Proposal
Task 5. Final conceptual design
5.1 Main Library Project Committee and consultant shall meet to discuss the initial conceptual design presentations
and to discuss the preparat!on of two final conceptual designs.
.1 MLPC Meeting No. 4
5.2 Consultant shall prepare two final conceptual designs, with two phases each, for the Main Library
incorporating the input, recommendations and direction received in the meetings in Task 4, and consisting of, at
a m~nimum, presentation-quality floor plans, elevations, perspective sketches, and an updated study model.
5.3 Consultant shall update the Statement of Probable Construction Costs for each of the final conceptual designs.
Task 6. Presentation of Final Conceptual Designs
6.1 City shall arrange meetings with the following groups in order for the consultant to present final conceptual
designs:
.1 Main Library Project Committee (MLPC Meeting No. 5) ...
.2 Community Meeting Number 2. Meetings shall be with the following groups:
¯ARB
¯HRB
¯P&TC
¯P&RC
¯LAC . ---
¯PAC
6.2 Main Library Project Committee and consultant shall meet after the above meetings to.discuss and plan for the
presentation of the final conceptual designs to City Council
¯ 1 MLPC Meeting No. 6
6.3 City shall arrange a meeting with the City Council for consultant to present the final conceptual designs and
estimates.
A City Council Meeting Number 1 ........ .
6.4 General Coordination .....
Task 7. Coordination of Main Library Conceptual Designs
7.1 Consultant shall attend two meetings with the Main Library Project Committee, theArt Center Project
Committee, and the City consultant preparing conceptual designs for the ArtCentet and the Main Library/Art
Center s~te to review and coordinate both consultants work. Timing of these meetings will be at City’s
discretion. Consultant will be required to keep apprised of the designs for the Art Center and Main Library/Art
Center site, as they are being developed in order to ensure coordination of the two projects.
¯1 Coordination Meeting Number 1
.2 Coordination Meeting Number
7.2 Review of Art Center Design and Main Site Master Plan
.1 Peer Review of Site Plan by MPA Design
.2 Review of Art Center by Garth Rockcastle of MS&R
.3 Overall review by project team
Task 8. Sustainability " --
8.1 Consultant shall articulate in writing sustainable design and green biailding concepts for the conceptual designs.
Task 9. Final. Report and Preferred Scheme Model
9.1
TIME SCHEDULE:
Consultant shall prepare and deliver a final report on the conceptual design effort, inchiding the floor plans,
elevations, perspective sketches and renderings, and construction cost esnmates for two conceptual designs, with
two phases each, to be presented to City Council. The report should summarize the recommendations made by
each of the groups the consultant presented conceptual designs to, including Boards, Commissions, community
and Main Library Project Committee. The report should identify the advantages and disadvantages of the two
conceptual designs. This report will be distributed to City Council prior to consultant presenting the final
conceptual designs to the City Council. A study model of each scheme should be prepared for the City Council
presentation.
Tasks 1-9 estimated completion not later than July 2002.
Page 4 of 5 2/18/02
City of Palo Alto Main Library Conceptual Study
Scope of Work and Fee Proposal
Exhibit B
City of Palo Alto
Main. Library Conceptua.l Design Services: Part lII--Professional Fee
Contract between ELS Architecture and Urban Design and the City of Palo Alto, CA.
Task 1
Task 2
Task 3
Task 4
Task 5
Task 6
Task 7
Task 8
Task 9
Preparation of the Work ...................................................................................................$13,998.00
Community Outreach .........................................................................................................$6,528.00
Initial Conceptual Design ...............................¯ ...................................................................$56,492.00
Conceptual Design Presentations ........................................................................................$4,110.00
Final Conceptual Design ...................................................................................................$49,672.00
Presentation of Final Conceptual Design ............................................................................$5,883.00
Coordination of Main Library Conceptual Design ..................................................................$9,330
Sustainability ......................................................................................................................$2,295.00
Final Report .................................................i ....................................................................$15,539.00
Tot~.l .............................................. .................................................................................$167,547.00
Reimbursable Expenses ............................................................................................i ........$23,598.00
Grand Total Professional Fee and Reimbursable Expenses ..............................................$191,144.00
.
Page 5 of 5 2/18/02
City of Palo Alto Main Library Conceptual Study
Scope of Work and Fee Proposal
Exhibit B
EL$
RATE AND EXPENSE SCHEDULE
HOURLY BILLING RATES BY CLASSIFICATION:
PRINCIPALS
. ASSOCIATE PRINCIPALS
ASSOCIATES
PROFESSIONAL STAFF
TECHNICAL/SUPPORT STAFF
$120.00 - 180.00
100.00 - 140.00
80.00 - 120.00
60.00 - 110.00
50.00- 80.00
Rates are s.ubject to revision on January 1, 2003 in accordance with cost of living adjustments.
Individual billing rates and/or classifications mey change during the year to reflect a change in
status and/or merit salary adjustments.
REIMBURSABLE EXPENSES:
Reimbursable expenses sha I be billed at cost times 1.1 an~l shall include actual expenditures
made in the intere.st of the project, in the following categories:
1)Outside consultants
2)Expense of transportation and living expenses in connection with out-of-town travel,
as authorized by the Client (international flights, shall be business class)
3)Long distance communications and facsimiles
4)Reproduction and photography
5)Postage, shipping and delivery ......
6)Eees paid for securing approval of authorities having jurisdiction over the project
7)Professional renderings and models as requested by the Client
MISCELLANEOUS PROVISIONS:
Invoices will be submitted monthly and are due upon receipt. Invoices more than 60 days overdue
will be subject to a handling charge of 1.5 percent per month. If the Owner fails to make payment
when due, the Architect may, at its option, upon seven days’ written notice to the Owner, suspend
performance of services. ...
Architect’s services may be terminated by either party upon seven days’ written notice. In the
.event of termination not the fault of the Architect, the Architect shall be compensated for services
performed and expenses incurred prior to termination.
The Drawings, Specifications and other documents prepared by the Architect for this Project, are
instruments of the Architect’s service for use solely with respect to this Project and, unless
otherwise provided, the Architect shall be deemed the author of these documents and shall retain
all common law, statutory and other reserved rights, including the copyright. The Owner shallbe
permitted to retain copies, including reproducible copies, of the Architect’s Drawings,
Specifications and other documents for information and reference in connection.with the Owner’s
use and occupancy of the Project. The Architect’s Drawings, Specifications orother documents
shall not be used by the Owner or others on other projects, for additions to this Project or for
completion of this Proiect by others, unless the Architect is adjudged to be in default under the
Agreement, except by agreement in writing and with appropriate compensation to the Architect. If
the Owner, or others through the Owner, request copies of electronic data files ("CAD Data")
prepared by Architect or its Consultants for the Project, the parties agree to execute the
Architect’s CAD Agreement prior to the transfer of such CAD Data.
Unless otherwise provided, the Architect and Architect’s sub-consultants shall have no
responsibility for the discovery, presence, handling, removal.or disposal of or exposure of persons
to hazardous materials in any form at the Project site, including but not limited to asbestos,
asbestos products, polychlorinated biphenyl (PCB) or other toxic substances.
Exhibit B
MS&R
Meyer, Scherer & Rockcastle, Ltd.
119 North Second Street
Minneapolis, MMN 55401-1420
612.375.0336
2002 Hourly Billing Rates
Contract Exhibit for Palo Alto Public Library, Palo Alto, CA
Principal .....................................................................................................................$ ~.,,85.00
Associate Principal/Supervisory Architect ................................................................$122.50
Senior Associate ! Supervisory Architect ....................................................................$108.50
Registered Architect .....................................................................................$62.00 -- $97.50
Lighting Specialist ........................................................................................................$ 85.00
Intern Architect ...........................................................................................$36.00 -- $77.25
Head, Interior Design ................................................................................................$122.50
Senior Associate ! Interior Designer .............................................................................$82.50
Associate / Interior Designer ........................................................................$53.00 -- $70.00
Interior Designer ..........................................................................................$40.50 -- $50.00
Student / Model Maker ................................................................................................$35.00
Administrative Assisiant..... ..........................................................................................$46.25
EXHIBIT C
Client#: 112 ELS
CERTIFICATE OF LIABILITY INSURANCE 1021126100ATE(M D0
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Dealey, Renton &Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND ORP. O. Box 12675 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Oakland, CA 94604=2675
510 465-3090 Edi Barrow INSURERS AFFORDING COVERAGE
INSURED INSURERA: American Motorists insurance Co.ELS INSURER S: American Manufacturers Mutual2040 Addison Street INSURER C: Great American Assurance Co.
Berkeley, CA 94704 INSURERD:
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT.TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN. THE INSURANCE "AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS ~.N.D CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ’
INSR POLICY NUMBER POUCY EFFECTIVE ~OLICY EXPIRATIONLTRTYPE OF INSURANCE DATE {MMIDD/~DATE (MM/DD/YY}LIMITS
A GENERAL LIABILITY 7RS663037-01 06/10/01 06/10/02 EACH OCCURRENCE $11000,000
COMM ERCIAL GENERAL LIAB ILITY FIRE DAMAGE (Any one fire)
¯_~ CLAIMS MADE ~] OCCUR .MED EXP (Any one person)=1"0,000
__PERSONAL & ADV INJURY $11000r000
GENERAL AGGREGATE $2,0001000
$2,000~000GEN’L AGGREGATE LIM ITAPPLIES PER:PRODUCTS -COMP/OP AGGPOUCY! PRo- l ,ocJECT
B AUTOMOBILE UABILITY E7H053669-00 06/10/01 06/10/02 COMBINED SINGLE LIMIT~_ ANYAUTO (Ea accident)$1,000,000
ALL OWNED AUTOS BODILY INJURY
--SCHEDULED AUTOS (Perpersdn)$
~-HIRED AUTOS ¯ -BODILY INJURY
X NON-OWNED AUTOS (Per acciUent)$
G~A
£
’L~PROPERTY DAMAGE¯ "(Per accident)$
RAGE UA ILITY AUTO ONLY - EA ACCIDENT $~ANy AUTO EAACC $OTHER THANAUTO ONLY:AGG $
A EXCESS UABILITY 7RS663037-01 06/10/01 06/10/02 EACH OCCURRENCE $1,000,000
~ OCCUR [] CLAIMS MADE :AGGREGATE $1,000,000
$
DEDUCTIBLE " "
~ RETENTION $$
WC STATU-I OTH-A WORKERS COMPENSATION AND 7CW304139-08 09/01/01 09/01/02 X TORY LIMITS ER
EMPLOYERS’ LIABIUTY E.L. EACH ACCIDENT $1,000,000
E.L. DISEASE- EA EMPLOYEE $1,000,000
E.L. DISEASE - POUCY LIMIT $1,000,000
C Io~HER Professional EDN320959801 06/18/01 ’06/18/02 $1,000,000 per claim
~.iability & annual aggregate
DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS : "
Ref: Project #200120. Palo Alto Library. The City of Palo Alto, it’s .’ .
council members, officers, agents, and employees are an additional .. -
insureds as respects general and auto liability. Insurance is primary with .’." : ....-..
cross liability.
CERTIFICATE HOLDER I I ABD ITIONAL INSU RED ;INSURER LETTER;
City of Palo Alto
Public Works Engineering
Attn: Debra Jacobs
250 Hamilton Avenue
Palo Alto, CA 94301
ACORD 25-S (7/97)1 of 1 #M10954
CANCELLATION Ten Day Notice for Non-Pavment of Premium
SHOULD ANYOF TH E ABOVE D ESCRIBED POLICIES BE CANCELLED B EFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL]F.~MAIL30__DAYSWRJ’r[EN
NOTICETOTHE CERTIFICATE HOLDERNAMED TOTHE LEFT, B
:.- . -_: . ¯---.]~ _-_-
AUTHORIZED REPRESENTATIVE
DAC 0 ACORD CORPORATION 1988
POLICY NUMBER: "7RS (5 (53 0 3 ? - 01 COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
A,-,,-,,-,-,r,,,,^, INSURED OWNERS, LESSEES or
CONTRACTORS (FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
NameofPersonorOrganization:
City of Palo Alto
Public Works Engineering
Attn: Debra Jacobs
250 Hamilton Avenue
Palo Alto, CA 94301
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations
as applicable to this endorsement.)
WHO S AN INSURED (Section II) is amended to include as an insured the person or organization shown in the
Schedule, but only with resl~ect tO liability arising out of "your work" for that insu[ed by.or.for you:.:;.-:....-- ¯ .
Ref: Project #200120. Palo Alto Library. The City of Palo Alto,. it’s
council members, officers, agents, and employees are an additional
insureds as respects general and auto liability. Insurance is. primary
with cross liability.
PRIMARY INSURANCE:
IT IS UNDERSTOOD AND AGREED THAT THIS INSUIZANCE IS PRIM/tRY
liND I~NY OTHER INSURILNCE MAINTAINED BY THE ADDITIONAL INSURED
SHALL BE EXCESS ONLY 7LND NOT CONTRIBUTING WITH THIS
INSURANCE.
SEVERABILITY OF INTEREST:
IT IS AGREED THAT EXCEPT WITH RESPECT TO THE LIMIT OF INSURANCE, THIS
COVERAGE SHALL APPLY AS IF EACH ADDITIONAL INSURED WERE THE ONLY INSiIRED
AND SEPARATELY TO EACH INSURED’AGAINST WHOM CLAIM IS MADE OR SUIT IS
BROUGHT.
CG 20 10 11 85
EXHIBIT D
CERTIFICATION OF NONDISCRIMINATION
Certification of Nondiscriminal~on:
As suppliers of goods or services to the City of Palo Alto, the firm and ir~dividuals listed below .
certify that they tic not discriminate in employment with reg.ards to age, race, color, religion, sex,
national odgin, ancestry, disability, or sexual preference; that they are in compliance with all
Federal, State, ar~l local directives and executive orders regarding nondiscrimination in ....
employmenL :
THE INFORMATION HEREIN IS CERTIFIED CORRECT BY SIGNATURE(S) BELOW.
Firm:ELS Architectur’~d Urban .Design
Signature:L!J
~~_~I~N~T~.I~, TyPE NAME)
(PRINT OR.TYPE NAME) ....
..Sig.nature:
Name:
Note:.Califomia Co.rporaEons. Code Section 313 requires two corporate officers to execute
contracts.
*The signature of First Officef* must be one of the foflowidg: Chain~an of the
Board; Preddent;or Vice P.resident- .
~*The signbture of the Second Officer** must be one ~f the following: Secretary;
Assistant Secretary; Chief J:inancial Office~, or Assistant 7~reasurer.
(in the alternative, a cer’dfied corporate resolution attesting to ~e sic~natory
authority of the individuals slgning in their respective capacities is acceptable}
CITY-OF PALO AL. TO RFP NO 140020 PAGE 1 OF 1
CERTIFICATION OF NONDISCRIMINATION
Certification of Nondiscrimination:
As suppliers o.f goods or services to the City of Palo Alto the firm and individuals listed below .
certify that they do not discriminate in employment with regards to age, race, color, religion, sex,
national origin., ancestry, disability, or sexual preference; that they are ~n compliance with all
Federal, State, and local directives and executive orders regarding nondiscrimination m ’
employment.
THE INFORMATION HEREIN IS CERTIFIED CORRECT BY sIGNATURE(S).BELOW:
Firm:
Signature:
Meyer, S~herer & Rockcastle, Ltd.
Name:G~rth Rn~.ko~.~t] ~=
(PRINT OR TYPE NAME)
Name:William J. ~.~eker
(PRINT OR .TYPE NAME)
Note."California Corporations Code Secb’on 313 requires two corporate officers to execute
contracts. .
*The signature of First Officer* must be one of-the following: Chairman of the
Board; President; or Vice President..
**The signature of the Sed)nd Officer** must be one of the following: Secretary;-
Assistant Secretary; Chief Financial Officer,, or Assistant Treasurer.
(In the altemative, a certified corporate resolution attesting to tl~e signatory
authority of the individuals signing in their respective capacities is acceptable}
CITY OF PALQ ALTO RFP NO 140020 PAGE 1 OF 1