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HomeMy WebLinkAboutStaff Report 3177City of Palo Alto (ID # 3177) City Council Staff Report Report Type: Consent Calendar Meeting Date: 10/22/2012 City of Palo Alto Page 1 Summary Title: Main Library Construction Management Services Contract Title: Approval of a Contract with NOVA Partners, Inc. in a Total Amount Not to Exceed $756,933 for Construction Management Services for the Main Library Measure N Project -Capital Improvement Program Project PE-11000 From: City Manager Lead Department: Public Works Recommendation Staff recommends that Council: Authorize the City Manager or his designee to execute the attached contract in a total amount not to exceed $756,933, with NOVA Partners, Inc. (Attachment A) for construction management services for the Main Library Measure N Project (Capital Improvement Program project PE-11000) Executive Summary The attached contract with NOVA Partners, Inc. is to provide construction management services for the Main Library renovation and expansion project. The contract is needed to provide professional construction management of the project during completion of the design, constructability review, bidding processes, and construction for the Main Library facility. Background Main Library is the third and final project to be funded by the Measure N bond passed by Palo Alto voters in 2008. The Palo Alto Main Library renovation and addition is currently in the final phase of design by Group 4 Architecture, Research + Planning, Inc. The project incorporates upgrades to the historic City of Palo Alto Page 2 building’s structural, electrical and mechanical systems, a new Teen Room, and Americans with Disabilities Act upgrades while preserving the integrity of the original architect Edward Durrell Stone’s iconic design. A new addition includes a program room and additional restrooms to extend the services of this heavily- used branch. The project targets Leadership in Energy and Environmental Design (LEED)certification. Discussion The scope of work to be performed under this contract includes all aspects of day- to-day construction management for the Main Library project, including coordination of site logistics to ensure public access to the adjacent community gardens and the Art Center, minimizing disruption to the adjacent neighborhoods, project documentation, project communication, schedule management, budget management, quality assurance, inspection,testing, and project closeout tasks. The services are needed because current staffing levels are not sufficient for a project of this complexity and magnitude. Staff is recommending closing the Main Library for construction in early 2013 before the Mitchell Park Library and Community Center is open to the public. This would allow the Main Library renovation and expansion to occur with a targeted completion date by the end of summer 2014.Prior to the start of construction, a temporary Main Library will be established in the auditorium of the adjacent Art Center. A large portion of the Main Library book collection will be placed in storage. Summary of Solicitation Process A Request for Proposals (RFP)was issued by Palo Alto on July 24, 2012. The proposal period was 36 days. A total of nine firms submitted proposals ranging from $725,784 to $2,314,648. City of Palo Alto Page 3 Proposal Description/ Number Main Library Construction Management Services Proposed Length of Project 36 months Number of RFPs Mailed 24 Total Days to Respond to RFP 36 Pre-proposal Meeting Date August 7, 2012 Number of Company Attendees at Pre-proposal Meeting 19 Number of Proposals Received: 9 Company Name Location (City, State)Selected for interview? 1.PMA Consultants, LLC San Francisco, CA No 2. Greystone West Company Sonoma, CA No 3. Heery International,Inc.San Francisco, CA No 4.Swinerton Management & Consulting San Francisco, CA Yes 5. NOVA Partners, Inc.Palo Alto, CA Yes 6. Critical Solutions, Inc.Walnut Creek, CA No 7. Cambridge CM, Inc.Palo Alto, CA No 8. Griffin Structures, Inc.Laguna Beach, CA Yes 9.Vanir Construction Management, Inc. San Jose, CA No An evaluation committee consisting of staff from Public Works reviewed the proposals.The committee carefully reviewed the firms’qualifications and experience in response to the criteria identified in the RFP. Three finalists were identified and invited to present their qualifications in person and participate in oral interviews. City of Palo Alto Page 4 The interview panel consisted of staff from Public Works. The panel selected NOVA Partners, Inc. based on their qualifications and past experience with similar projects in the City, including the Palo Alto Children’s Library, College Terrace Library, and the Palo Alto Art Center. NOVA Partners, Inc. also demonstrated a “take charge” attitude that is very important in ensuring that projects are completed on time and budget. Key Components of Scope of Services for Main Library As the Council knows, the Mitchell Park Library and Community Center project has experienced delays and other problems. Based on that experience, Staff has included specific provisions in the scope of services for the Main Library project that are intended to promote effective and efficient construction management for this project. Key components of the scope include: ·Constructability review: The contract requires a very detailed constructability review that is focused on the completeness and internal consistency of the plans, in addition to identifying scheduling improvements and opportunities for value engineering. The constructability review is key to assuring that the plans and specifications that will go out for bid are complete, thereby minimizing change orders and delays. ·Not-to-exceed contract: The contract clearly states that the specified compensation is the total compensation regardless of whether the project is completed according to the estimated schedule, and that the consultant is responsible for completing the services even if the project length exceeds the estimated schedule. This contract structure incentivizes the construction management firm to manage the project for completion according to the schedule. ·Prequalification of subcontractors: The prequalification provisions of the contract require the construction manager to include prequalification of up to six subcontractors working in key disciplines for each contractor that wishes to submit a project construction bid. Prequalification of subcontractors is intended to ensure that the most important City of Palo Alto Page 5 subcontractors have the relevant experience and qualifications for successfully completing the work. ·Establishment and tracking of deadlines: The contract has detailed provisions requiring the construction management firm to work with City staff, the Contractor, and the Architect to establish deadlines and tracking mechanisms for submittal of and response to requests for information (RFI), deferred submittals, construction coordination drawings, construction schedules, inspection requests, change order requests, and claims. Careful management of these important documents is necessary to maintain the project schedule. Timeline Following approval of the construction management services contract, NOVA Partners, Inc. will begin its design phase services with the constructability review of the Main Library construction documents. Staff is recommending closing the Main Library for construction in early 2013 before the Mitchell Park Library and Community Center is open to the public. This would allow the Main Library renovation and expansion to occur with a targeted completion date by the end of summer 2014. Resource Impact Funding for construction management services for the Main Library renovation and expansion project are funded by the general obligation Measure N Bond and are budgeted in Capital Improvement Program Project PE-11000 (Main Library). The proposed total cost of $756,933 for Main Library construction management services is less than the amount that had been budgeted for these services in the project budget. The most recent project budget for the Main Library project is a total project cost of $22.7 million, which is $2.6 million greater than the engineer’s project budget of $20.1 million. This estimate reflects the most recent construction cost estimate that is based on the 95% construction documents, as well as updated costs for automatic book handling systems, book security systems, and self-checkout kiosks. The estimate also includes an estimated cost for a future architectural construction administration contract that was not City of Palo Alto Page 6 included in previous project budgets. The changes to the project budget include increases and decreases, with the net total project cost of $22.7 million being $1.0 million more than the figure reported to Council in the most recent Mitchell Park Library and Community Center Bimonthly Report (Attachment B) on September 24, 2012. Attachment C provides a detailed project budget sheet for Main Library. As presented in the Mitchell Park Bimonthly Report, project savings on the Mitchell Park Library and Community Center project are expected to be sufficient to offset the increase in cost for the Main Library project. However, there is some uncertainty regarding the final project costs for Mitchell Park Library and Community Center. It is important to note that many of the components in the scope approved by Council for Main Library can be considered deferred maintenance items. Examples of these items include the following: ·Replace roofing; ·Refurbish landscaping and walkways; ·Replace fire sprinkler system; ·Reface exterior siding at staff area; ·Replace basement sump pumps; ·Upgrade stormwater treatment; ·Upgrade parking lot lighting; and ·Replace windows and sliding doors. The total project cost for these items, including both design and estimated construction cost, is approximately $1.3 million. In the event that savings from the Mitchell Park Library and Community Center project do not cover the full increase in cost for Main Library, staff may consider recommending that the costs for the deferred maintenance scope increases be funded by the Infrastructure Reserve. Policy Implications The recommendation is consistent with Council’s previous direction on the library projects and Measure N. It does not represent a change in City policy. City of Palo Alto Page 7 Environmental Review On July 21, 2008, the Council confirmed the Director of Planning and Community Environment’s approval of a 2007 Addendum to the 2002 final Environmental Impact Report for the Main Library. Attachments: ·A -S13146948_Nova Signed (PDF) ·B -Mitchell Park Bimonthly Report (PDF) ·C –Main Library Project Budget (PDF) CITY OF PALO ALTO CONTRACT NO. S13146948 AGREEMENT BETWEEN THE CITY OF PALO ALTO AND NOVA PARTNERS INC. FOR PROFESSIONAL SERVICES This Agreement is entered into on this day of October, 2012, ("Agreement") by and between the CITY OF PALO ALTO, a California chartered municipal corporation ("CITY"), and NOVA PARTNERS, INC., a corporation in the state of California, located at 855 EI Camino Real, Suite 307, Palo Alto, CA 94301 ("CONSULTANT"). RECITALS The following recitals are a substantive portion of this Agreement. A. CITY intends to renovate, upgrade and expand Main Library in Palo Alto ("Project") and desires to engage a consultant to provide professional Construction 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 andlor 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, this Agreement, the parties agree: AGREEMENT SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described in Exhibit "A" in accordance with the terms and conditions contained in this Agreement. The performance of all Services shall be to the reasonable satisfaction of CITY. D Optional On-Call Provision (This provision only applies if checked and only applies to on-call agreements. ) Services will be authorized by the City, as needed, with a Task Order assigned and approved by the City's Project Manager. Each Task Order shall be in substantially the same form as Exhibit A-I. Each Task Order shall designate a City Project Manager and shall contain a specific scope of work, a specific schedule of performance and a specific compensation amount. The total price of all Task Orders issued under this Agreement shall not exceed the amount of Compensation set forth in Section 4 of this Agreement. CONSULTANT shall only be compensated for work performed under an authorized Task Order and the City may elect, but is not required, to authorize work up to the maximum compensation amount set forth in Section 4. Professional Services Rev. June 2, 2010 SECTION 2. TERM. The term of this Agreement shall be from the date of its full execution through completion of the services in accordance with the Schedule of Performance attached as Exhibit "B" unless terminated earlier pursuant to Section 19 of this Agreement. SECTION 3. SCHEDULE OF PERFORMANCE. Time is of the essence in the performance of Services under this Agreement. CONSULTANT shall complete the Services within the term of this Agreement and in accordance with the schedule set forth in Exhibit "B", attached to and made a part of this Agreement. Any Services for which times for performance are not specified in this Agreement shall be commenced and completed by CONSULTANT in a reasonably prompt and timely manner based upon the circumstances and direction communicated to the CONSULTANT. CITY's agreement to extend the term or the schedule for performance shall not preclude recovery of damages for delay if the extension is required due to the fault of CONSULTANT. SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to CONSULTANT for performance of the Services described in Exhibit "A", including both payment for professional services and reimbursable expenses, shall not exceed six hundred eighty-eight thousand one hundred twenty-one Dollars ($688,121.00). In the event Additional Services are authorized, the total compensation for services and reimbursable expenses shall not exceed Seven hundred Fifty-six Thousand Nine Hundred Thirty-three Dollars ($756,933). The applicable rates and schedule of payment are set out in Exhibit "C-1", entitled "HOURLY RATE SCHEDULE," which is attached to and made a part of this Agreement. Additional Services, if any, shall be authorized in accordance with and subject to the provisions of Exhibit "C". CONSULTANT shall not receive any compensation for Additional Services performed without the prior written authorization of CITY. Additional Services shall mean any work that is determined by CITY to be necessary for the proper completion of the Project, but which is not included within the Scope of Services described in Exhibit "A". SECTION 5. INVOICES. In order to request payment, CONSULTANT shall submit monthly invoices to the CITY describing the services performed and the applicable charges (including an identification of personnel who performed the services, hours worked, hourly rates, and reimbursable expenses), based upon the CONSULTANT's billing rates (set forth in Exhibit "C-1 "). If applicable, the invoice shall also describe the percentage of completion of each task. The information in CONSULTANT's payment requests shall be subjectto 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. OUALIFICATIONS/STANDARD OF CARE. All of the Services shall be performed by CONSULTANT or under CONSULTANT's supervision. CONSULTANT represents that it possesses the professional and technical personnel necessary to perform the Services required by this Agreement and that the personnel have sufficient skill and experience to perform the Services assigned to them. CONSULTANT represents that it, its employees and subconsultants, if permitted, have and shall maintain during the term of this Agreement all licenses, permits, qualifications, insurance and approvals of whatever nature that are legally required to perform the Services. 2 Professional Services Rev. June 2. 2010 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 shall correct, at no cost to CITY, any and all errors, omissions, or ambiguities in the work product submitted to CITY, provided CITY gives notice to CONSULTANT. If CONSULTANT has prepared plans and specifications or other design documents to construct the Project, CONSULTANT shall be obligated to correct any and all errors, omissions or ambiguities discovered prior to and during the course of construction of the Project. This obligation shall survive termination of the Agreement. SECTION 9. COST ESTIMATES. If this Agreement pertains to the design of a public works project, CONSULTANT shall submit estimates of probable construction costs at each phase of design submittal. If the total estimated construction cost at any submittal exceeds ten percent (10%) of the CITY's stated construction budget, CONSULTANT shall make recommendations to the CITY for aligning the PROJECT design with the budget, incorporate CITY approved recommendations, and revise the design to meet the Project budget, at no additional cost to CITY. SECTION 10. INDEPENDENT CONTRACTOR. It is understood and agreed that in performing the Services under this Agreement CONSULT ANT, and any person employed by or contracted with CONSULTANT to furnish labor and/or materials under this Agreement, shall act as and be an independent contractor and not an agent or employee of the CITY. SECTION 11. ASSIGNMENT. The parties agree that the expertise and experience of CONSULTANT are material considerations for this Agreement. CONSULTANT shall not assign or transfer any interest in this Agreement nor the performance of any of CONSULTANT's obligations hereunder without the prior written consent of the city manager. Consent to one assignment will not be deemed to be consent to any subsequent assignment. Any assignment made without the approval of the city manager will be void. SECTION 12. SUBCONTRACTING. DOption A: No Subcontractor: CONSULTANT shall not subcontract any portion of the work to be performed under this Agreement without the prior written authorization of the city manager or designee. 00ption B: Subcontracts Authorized: Notwithstanding Section 11 above, CITY agrees that subconsultants may be used to complete the Services. The subconsultants authorized by CITY to perform work on this Project are: Consolidated Engineering Laboratories 3 Professional Services Rev. June 2,2010 CONSULTANT shall be responsible for directing the work of any sub consultants and for any compensation due to subconsultants. CITY assumes no responsibility whatsoever concerning compensation. CONSULTANT shall be fully responsible to CITY for all acts and omissions of a subconsultant. CONSULTANT shall change or add subconsultants only with the prior approval of the city manager or his designee. SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign David Marks as the Project Principal and Senior Project Manager to have supervisory responsibility for the performance, progress, and execution of the Services and Hans de Roos as the project lead Construction Manager and Field Superintendent 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 orreplacement personnel will be subject to the prior written approval of the CITY's project manager. CONSULTANT, at CITY's request, shall promptly remove personnel who CITY finds do not perform the Services in an acceptable manner, are uncooperative, or present a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property. The City's project manager is Matt Raschke, Senior Engineer, Public Works Department, Engineering Services Division, PO Box 10250 Palo Alto, CA 94303, Telephone:650-496-5937. The project manager will be CONSULTANT's point of contact with respect to performance, progress and execution of the Services. The CITY may designate an alternate project manager from time to time. SECTION 14. OWNERSHIP OF MATERIALS. Upon delivery, all work product, including without limitation, all writings, drawings, plans, reports, specifications, calculations, documents, other materials and copyright interests developed under this Agreement shall be and remain the exclusive property of CITY without restriction or limitation upon their use. CONSULTANT agrees that all copyrights which arise from creation of the work pursuant to this Agreement shall be vested in CITY, and CONSULTANT waives and relinquishes all claims to copyright or other intellectual property rights in favor of the CITY. Neither CONSULTANT nor its contractors, if any, shall make any of such materials available to any individual or organization without the prior written approval of the City Manager or designee. CONSULTANT makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the scope of work. SECTION 15. AUDITS. CONSULTANT will pennit CITY to audit, at any reasonable time during the term of this Agreement and for three (3) years thereafter, CONSULTANT's records pertaining to matters covered by this Agreement. CONSULTANT further agrees to maintain and retain such records for at least three (3) years after the expiration or earlier termination of this Agreement. SECTION 16. INDEMNITY. 16.1. To the fullest extent permitted by law, CONSULTANT shall protect, indemnifY, defend and hold harmless CITY, its Council members, officers, employees and agents (each an "Indemnified Party") from and against any and all demands, claims, or liability of any nature, including death or injury to any person, property damage or any other loss, including all costs and expenses of whatever nature including attorneys fees, experts fees, court costs and disbursements 4 Professional Services Rev. June 2, 2010 ("Claims") resulting from, arising out of or in any manner related to performance or nonperformance by CONSULT ANT, 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 ofCalifomia. 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 subjectto the approval of CITY's Risk Manager and will contain an endorsement stating that the insurance is primary coverage and will not be canceled, or materially reduced in coverage or limits, by the insurer except after filing with the Purchasing Manager thirty (30) days' prior written notice of the cancellation or modification, CONSULTANT shall be responsible for ensuring that current certificates evidencing the insurance are provided to CITY's Purchasing Manager during the entire term of this Agreement. 18.4. The procuring of such required policy or policies of insurance will not be construed to limit CONSULTANT's liability hereunder nor to fulfill the indemnification provisions of this Agreement. Notwithstanding the policy or policies of insurance, CONSULTANT will be obligated for the full and total amount of any damage, injury, or loss caused by or directly arising as a result of the Services performed under this Agreement, including such damage, injury, or loss arising after the Agreement is terminated or the term has expired. 5 Professional Services Rev. June 2, 2010 SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES. 19.1. The City Manager may suspend the perfonnance of the Services, in whole or in part, or tenninate 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 perfonnance of the Services. 19 .2. CONSULTANT may tenninate this Agreement or suspend its perfonnance of the Services by giving thirty (30) days prior written notice thereofto CITY, but only in the event of a substantial failure of perfonnance by CITY. 19.3. Upon such suspension or tennination, 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 detennination may be made by the City Manager acting in the reasonable exercise ofhislher discretion. The following Sections will survive any expiration or tennination of this Agreement: 14, 15, 16, 19.4,20, and 25. 19.5. No payment, partial payment, acceptance, or partial acceptance by CITY will operate as a waiver on the part of CITY of any of its rights under this Agreement. SECTION 20. NOTICES. All notices hereunder will be given in writing and mailed, postage prepaid, by certified mail, addressed as follows: To CITY: Office of the City Clerk City of Palo Alto Post Office Box 10250 Palo Alto, CA 94303 With a copy to the Purchasing Manager To CONSULTANT: Attention of the project director at the address of CONSULTANT recited above SECTION 21. CONFLICT OF INTEREST. 21.1. In accepting this Agreement, CONSULTANT covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services. 6 Professional Services Rev. June 2, 2010 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 the City's Purchasing Department, incorporated by reference and may be amended from time to time. CONSULTANT shall comply with waste reduction, reuse, recycling and disposal requirements of the City's Zero Waste Program. Zero Waste best practices include first minimizing and reducing waste; second, reusing waste and third, recycling or composting waste. In particular, Consultant shall comply with the following zero waste requirements: • All printed materials provided by Consultant to City generated from a personal computer and printer including but not limited to, proposals, quotes, invoices, reports, and public education materials, shall be double-sided and printed on a minimum of3 0% or greater post-consumer content paper, unless otherwise approved by the City's Project Manager. Any submitted materials printed by a professional printing company shall be a minimum of30% or greater post-consumer material and printed with vegetable based inks. • Goods purchased by Consultant on behalf of the City shall be purchased in accordance with the City's Environmental Purchasing Policy including but not limited to Extended Producer Responsibility requirements for products and packaging. A copy of this policy is on file at the Purchasing Office. • Reusable/returnable pallets shall be taken back by the Consultant, at no additional cost to the City, for reuse or recycling. Consultant shall provide documentation from the facility accepting the pallets to verifY that pallets are not being disposed. SECTION 24. NON-APPROPRIATION 24.1. This Agreement is subject to the fiscal provisions of the Charter of the City of 7 Professional Services Rev. June 2,2010 Palo Alto and the Palo Alto Municipal Code. This Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the . fiscal year and funds for this Agreement are no longer available. This section shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Agreement. SECTION 25. MISCELLANEOUS PROVISIONS. 25.1. This Agreement will be governed by the laws of the State of California. 25.2. In the event that an action is brought, the parties agree that trial of such action will be vested exclusively in the state courts of California in the County of Santa Clara, State of California. 25.3. The prevailing party in any action brought to enforce the provisions of this Agreement may recover its reasonable costs and attorneys' fees expended in connection with that action. The prevailing party shall be entitled to recover an amount equal to the fair market value of legal services provided by attorneys employed by it as well as any attorneys' fees paid to third parties. 25.4. This document represents the entire and integrated agreement between the parties and supersedes all prior negotiations, representations, and contracts, either written or oral. This document may be amended only by a written instrument, which is signed by the parties. 25.5. The covenants, terms, conditions and provisions of this Agreement will apply to, and will bind, the heirs, successors, executors, administrators, assignees, and consultants of the parties. 25.6. If a court of competent jurisdiction finds or rules that any provision of this Agreement or any amendment thereto is void or unenforceable, the unaffected provisions of this Agreement and any amendments thereto will remain in full force and effect. 25.7. All exhibits referred to in this Agreement and any addenda, appendices, attachments, and schedules to this Agreement which, from time to time, may be referred to in any duly executed amendment hereto are by such reference incorporated in this Agreement and will be deemed to be a part of this Agreement. 25.8 If, pursuant to this contract with CONSULTANT, City shares with CONSULTANT personal information as defined in California Civil Code section 1798.81.5( d) about a California resident ("Personal Information"), CONSULTANT shall maintain reasonable and appropriate security procedures to protect that Personal Information, and shall inform City immediately upon learning that there has been a breach in the security of the system or in the security of the Personal Information. CONSULTANT shall not use Personal Information for direct marketing purposes without City's express written consent. 8 Professional Services Rev. June 2, 2010 25.9 All unchecked boxes do not apply to this agreement. 25.1 0 The individuals execnting this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities. IN WITNESS WHEREOF, the parties hereto have by their du1y authorized representatives executed this Agreement on the date ftrst above written. CITY OF PALO ALTO Purchasing Manager By:.~~~~~ ______ _ APPROVED AS TO FORM: Name: Do.."'\ \o.t\C\V4~ Title: '/1 Ge R (~.s I DeNT Senior Asst. City Attorney Attachments: EXHIBIT "A": EXHmIT "B": EXHIBIT "C": EXHIBIT "C-l": EXHIBIT "0": SCOPE OF WORK SCHEDULE OF PERFORMANCE COMPENSATION SCHEDULE OF RATES INSURANCE REQUIREMENTS 9 Professional Services Rev. Juna 2, 2010 INTRODUCTION EXHIBIT "A" SCOPE OF SERVICES MAIN LIBRARY CONSTRUCTION MANAGEMENT SERVICES In November 2008, voters approved Measure N, which provided for the upgrade, replacement and/or expansion of three libraries in Palo Alto: the Downtown Library, the Mitchell Park Library & Community Center, and the Main Library. Environmental clearance has been completed and approved for the three sites. Construction of the Downtown Library is complete and construction of the Mitchell Park Library & Community Center is ongoing. The Main Library, located at 1213 Newell Road, will have both an interior renovation and an expansion. The renovation to the existing historic structure will consist of seismic, accessibility, and systems upgrades as well as minor expansions and reconfigurations. In addition, a detached building of approximately 4,500 square feet will be constructed. The 2012 estimated construction cost is $16 million which is based upon the 60% construction documents plans. The construction cost estimate excludes design costs, construction contingency, inflation, escalation, permits, testing, fixtures and furnishings. Measure N bond proceeds pay for the design, construction management and the fixed construction costs, but not for fixtures, furnishings and equipment, which are funded separately by the City and must be tracked separately by the construction manager. The City has contracted with Group 4 Architects (Architect) of South San Francisco to provide the architectural and engineering design and construction administration for all the Measure N projects including the Main Library. The design plans for the Main Library have been reviewed by City boards and commissions and have been presented to the community. SCOPE OF SERVICES The Main Library is an historic building and, per this project, is expected to attain a LEED Silver rating. All work described below will be done in conjunction with the City's ongoing review and approval process for the Main Library project described above. The Consultant's services shall include full construction management services as required to assist City staff in the management of the final design, bidding phase and construction of the Main Library project, as well as with any claims or other contract disputes that may arise. All work performed by Consultant shall be in accordance with the professional standard and quality that prevail among professional construction managers in the Peninsula region. 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. Iffor 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 of2l calendar days in advance of any staffing changes, in writing, by the City's Project Manager (PM). 11 Professional Services Rev. June 2, 2010 Office space or trailer, computers, cell phones, furnishings and other equipment needed for Consultant's staff shall be provided by Consultant. Consultant may arrange, at Consultant cost, to have the City's general contractor (Contractor) provide trailer space and furnishings. Task 1: Preconstruction Services Consultant shall in accordance with the professional standard and quality that prevail among professional construction managers in the Peninsula region perform the following services: Document review: Consultant shall: • become familiar with the project history and site • become familiar with the overall Measure N bond measure budgetary history and procedures • assist the Architect and City staff as needed to obtain building permits • develop an independent estimate of probable construction cost based on the 100% construction documents provided for constructability review and reconcile the estimate to the Architect's estimate • provide a constructability review of the 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; 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. • following modifications to the 100% construction documents resulting from the constructability review, develop a revised independent estimate of probable construction cost that accounts for the modifications • prior to the solicitation of construction bids, 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. • assist the City's Contracts Manager with the preparation of the "Instructions to Bidders" which will define the scope of work that must be included in the bid packages and other related bid documents needed to ensure a complete bid package. The Architect will prepare the technical specifications. • become familiar with the various City department functions and requirements for project coordination • coordinate and prepare any construction signage or outreach materials that may be needed Contractor and Key Subcontractor Pregualification: Prior to the construction bid phase, the Consultant shall work with the Public Works, Purchasing and City Attorney's Departments to Professional Services Rev. June 2, 2010 12 prepare prequalification forms and rating systems required for Contractor and key subcontractor pre qualification ("Pre qualification"). 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. 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. 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. 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. 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. Hazardous Material Abatement: A hazardous materials study and termite report has already been completed for the Main Library. Hazardous materials will likely be removed from the existing structure prior to the start of the primary construction effort by means of a City hazardous materials contract, however they may be included as part of the construction bid package. In either event, Consultant shall assist City staff in the preparation of plans and specifications, assist in the 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, monitor abatement and report results. Consultant shall coordinate as-needed between the hazardous materials removal contractor and the third­ party consultant hired to monitor the removal. Relocation of Existing Library Services: The City will secure the services of a moving contractor ("Mover"). The Consultant shall coordinate between the Mover and City staff in order to relocate library staff, services, equipment and materials: 13 Professional Services Rev. June 2, 2010 • out of the Main Library and into a temporary Main Library located in the auditorium of the adjacent Art Center; • out of the Main Library and into the new Mitchell Park Library; • out of a temporary Mitchell Park Library located at the Cubberley Community Center on Middlefield Road and into the new Mitchell Park Library; • out of a temporary Teen Center located at the Cubberley Community Center on Middlefield Road and into a new Teen Center at the new Mitchell Park Community Center; • move Technical Services out of the Main Library and into a temporary location at the former temporary Teen Center at the Cubberley Community Center. The following sites will need to be renovated as part of the moving effort. Consultant shall assist staff in developing a scope of work and construction cost estimate, assist in the construction bidding process and coordinate between the Consultant, selected contractor and City staff: • Once staff has moved into the new Mitchell Park Library, the temporary Mitchell Park Library at the Cubberley Community Center will be renovated back to a leasable space. Existing ceiling fans will need to be raised and flooring replaced along with other minor changes. Estimated construction cost is roughly $100,000. • The temporary Teen Center at Cubberley will need to be changed into a workspace for Technical Services staff moving from the Main Library. This work will primarily entail new cubicles, phone and data lines. The estimated construction cost is approximately $5,000. Task 2: Construction Phase Services Consultant shall in accordance with the professional standard and quality that prevail among professional construction managers in the Peninsula region: Consultant shall be the point of contact for the Contractor and shall enforce compliance with all of Contractor's contractual requirements, as follows: Budget: Consultant shall work with the City to develop a construction budget format and tracking system. Consultant shall track all project construction and soft-cost expenses, including non-bondable costs (furniture, fixtures, etc.) and shall reconcile these costs monthly with Public Works staff. Daily Construction Management: Consultant shall oversee the day-to-day construction work performed by the Contractor. Consultant shall track the construction process, logistics, Request for Information (RFI), Architect's Supplemental Information (AS!), Change Order (CO) and other information or requests. Consultant shall oversee the construction activities and ensure that all aspects of LEED construction requirements are followed and documented and shall work closely with the project's Commissioning Agent, who is a subconsultant to the Architect, and the Architect. Consultant shall work with the Contractor and any involved parties to implement logistical and 14 Professional Services Rev. June 2, 2010 communications measures to minimize any impacts to the nearby residential neighborhood, park, fire station, and the various schools in the vicinity. Consultant shall implement expeditious methods for resolving conflicts. Consultant shall handle the coordination between the City staff, Contractor, and Architect. If night time, holiday or weekend work is required periodically to minimize impacts or due to delay in the schedule, Consultant services shall still be required in full effect, but will be compensated as Additional Services for costs incurred. Work on the following City holidays shall not be considered Additional Services and shall be regular working days for the Contractor and Consultant, with the cost for same included in the Consultant's fee: the third Monday in January (Martin Luther King Day), the second Monday in October (Columbus Day), November 11 (Veteran's Day), the Friday following Thanksgiving Day (the fourth Thursday in November), and December 24 (Christmas Eve). Establishment of deadlines: Consultant shall coordinate with City staff, Contractor, and Architect to establish deadlines for submittal of and response to RFI's, deferred submittals, construction coordination drawings, construction schedules, inspection requests, change order requests, and claims. Consultant shall track all such requests and submittals to ensure compliance with deadlines. Consultant shall track all requests and submittals in a format acceptable to City staff, and shall make the tracking document available to City staff through electronic file sharing. Consultant shall increase its project staffing in a timely manner if needed to process requests and submittals in accordance with the established deadlines and to avoid delays. Outreach: Consultant shall provide monthly construction updates, including project cost-tracking, and shall attend quarterly meetings with the Library Bond Oversight Committee (LBOC) and with the Stakeholders group. At these meetings, Consultant shall discuss project progress, distribute recent jobsite photos and answer questions that might arise. In addition, for the LBOC meetings, Consultant will compare and reconcile project cost data (invoices, Additional Services, etc.) with Public Works and Administrative Services Division staff so that a reconciled cost spreadsheet can be presented to the LBOC. Consultant shall coordinate with City staff representing the Art Center and Contractor to minimize any negative Main Library construction impacts on the operation of the Art Center. Consultant shall respond within 24 hours to resident questions and complaints. Consultant shall provide updates suitable for uploading onto the City's website or other information site. Printing of any needed flyers, presentation boards, advertisement and other related outreach material costs shall be considered a Reimbursable expense, the cost for which shall be approved in writing in advance by the PM. Meetings: Throughout the construction process, Consultant shall be prepared to address comments and concerns of the Contractor, Architect, PM, City Staff, and the general public on an as-needed basis. Consultant shall set up and conduct weekly progress meetings and any other meetings necessary to facilitate the project work. City will provide the administrative support to provide a meeting room and invite attendees. Consultant shall write and distribute the meeting 15 Professional Services Rev. June 2, 2010 agendas and meeting minutes, including: City-Consultant meetings, regular site meetings, and meetings with the City .staff, contractors, various City departments, and the public. The meeting minutes will explicitly track who has the responsibility for each action item with expected completion dates. Field Inspection and Supervision: Consultant shall provide a CM Field Superintendent (CMFS) who shall maintain a field presence whenever work is under way by the Contractor. The role of the CMFS will be to enforce the Construction Contract daily in the field to ensure that the work is being constructed in compliance with the contract documents, the approved shop drawings, the current RFI answers, and other Construction Contract documents, and in general, to protect the interest of the City daily in the field. The CMFS will also observe and report daily field problems with respect to quality, cost and schedule. The CMFS will develop and maintain deficiency, incomplete work item, and preliminary punch list reports and will maintain a daily construction report, as the daily history of the project, to include significantjobsite field events that occur each day. The CMFS will periodically monitor any 'time and materials' work performed by the Contractor to ensure that the work being performed is being charged appropriately to Field Order and not to contract work. The CMFS will not be responsible for means and methods of the Contractor, nor for safety of any of the Contractor's employees, but will have the authority, although not the responsibility, to observe and report concerns with regard to such issues. Documentation: Consultant shall oversee, manage and track the Contractor's preparation and/or review of all necessary documentation for the project including, but not limited to: daily logs and inspection progress reports, photos/videos, RFI, ASI, correspondence, and shop drawings. Consultant shall maintain all files and documentation related to managing the project. Responses, approvals, and decisions relative to Contractor's documents shall be provided in a timely marmer and as required in the construction documents. Consultant shall review and comment on any project-related correspondence as requested by the City. Routine correspondence that is related to product information or minor design issues may be prepared and answered by Consultant on its letterhead, with a copy of the response directed to PM and Architect. Correspondence requiring City response, including but not limited to correspondence with residents, cost or contractual issues, may be drafted by Consultant, but shall be signed only by City. Submittals: Consultant shall manage, log and track all project submittals (i.e. shop drawings, product information, substitution request, and samples) for approval in a timely marmer as required by the construction documents and in order to prevent any delays to the project. Comments from different reviewers of the submittal shall be compiled before being returned to the Contractor for revisions. All submittals shall be sent directly between the Contractor and the Architect, with copies, documentation and management reports submitted to and managed by the Consultant. Electronic me sharing: Consultant shall contract with, host and maintain an electronic me sharing internet site, like Sharepoint, in order for the Consultant, City staff, Architect, Contractor, City contractors, and others as appropriate to post project documents for shared viewing. Documents shall include: architectural plans and specifications, submittals, RFI's, ASI's, 16 Professional Services Rev. June 2, 2010 inspection logs, schedules, meeting agendas and minutes, and any other project documents requested to be posted by City or that will benefit the various parties involved. Construction Schedule: Consultant shall review the Contractor's construction schedule. Consultant shall analyze, monitor, and request updates for the master schedule as the project progresses. Consultant shall analyze the schedule for construction constraints, level of critical activities and to verify progress in conjunction with the analysis of pay applications. Consultant shall review Contractors' individual Critical Path Method (CPM) schedules, monitor Contractor's progress, notify the City of any slippage, and coordinate Contractor recovery plans. Progress Pavrnents: Consultant shall review progress payment requests submitted by Contractor within five (5) days of receipt and verify the accuracy and percentage of completion against the schedule and resolve any discrepancies in the invoices. Consultant shall review the invoices and backup for completeness and compliance with contract documents and make a recommendation to PM for payment ofthe progress payment requests. Change Order Monitoring and Processing: Consultant shall review all change orders submitted to the City for accuracy, completeness, appropriateness, and compliance with the City contract documents. Consultant shall work with the Architect to determine the validity of change order requests, however, the Architect will not be expected to provide input on the validity of the dollar value of the claim, only input as to whether the work is indeed 'extra'. In instances when the work is determined to be extra, Consultant shall make recommendations to the City on the pricing of the change orders using compensation methodologies specified in the Construction Contract. If necessary or if requested by the City, Consultant shall prepare an independent estimate of the value of the additional work to verify the reasonableness of fixed price change orders. Consultant shall reject change order requests that are determined to be invalid. Consultant shall process change order requests according to the schedule developed under "Establishment of deadlines", and shall coordinate response with the City and Architect. Claims: Consultant shall analyze any claims from the Contractor (i.e., compensation and delay) as to whether they are excusable, inexcusable, or compensable and prepare a response for City. Consultant shall process claims according to the schedule developed under "Establishment of deadlines" . City Contractors: The City intends to contract with several contractors directly to provide the fixtures, furnishings and equipment (FF&E) for the project as these costs are not bondable and must be separately tracked. Consultant shall assist the City in the procurement, scheduling, submittal review, documentation and management of these City contractors and, in particular, with the coordination of their work with the Contractor's work. Quality Control and Assurance: Consultant shall monitor and document the Contractor's work for any deviations in scope, schedule, or performance and keep the City informed of and assist in resolving any issues that may arise. Record Drawings: Consultant shall coordinate the preparation of record drawings with the Contractor and Architect on a regular basis, both during the construction and post-construction 17 Professional Services Rev. June 2, 2010 phases, and review the drawings for "as-built" accuracy. Commissioning: Consultant shall work with the commissioning agent, Architect, and the Contractor to ensure that all new equipment have been installed in accordance with the contract documents, are working properly as stand-alone equipment, and are working properly as part of a complete system. Substantial Completion: As per the construction contract, once the Contractor requests substantial completion and it is determined to be warranted, Consultant shall prepare and compile a project punch list with the assistance from the City and Architect to be forwarded to the Contractor. Consultant shall oversee the completion of the punch list items before the final notice of completion is issued. Groundbreaking: Consultant shall coordinate the logistics related to a groundbreaking and to a ribbon-cutting ceremony, including working with committees, identifYing power sources, etc. Costs for beverages, materials, and photographs shall not be the responsibility of the Consultant. Close Out: Consultant shall ensure completion and delivery of all required close out documents including operation and maintenance (O&M) manuals, record drawings, and warranties. Consultant shall review all these materials for compliance with the contract documents and for completeness and report any deficiencies or discrepancies to Contractor for corrections and re­ submittal. Consultant shall work under the direction of the PM to resolve any contract claim issues that may arise (stop work notices, bonding, delays, extra work, etc). As-Built drawings shall be scanned by Consultant for archiving by City. Files: Consultant shall consolidate and deliver all project files and documentation to be retained by the City. Task 3: Testing and Special Inspections Testing and Special Inspections: A testing and inspection agency(s) shall be under contract with and paid for by the Consultant. Consultant shall coordinate with the Contractor in scheduling the testing agency services for materials testing and special inspections needed for the life of the project. This testing includes, but is not limited to, soils tests, concrete strength and weld inspection. Consultant shall ensure that all required sign-offs are reviewed and distributed and are in compliance with the specifications and the California Building Codes. Physical oversight of the geotechnical engineer's work that relates to the design of the construction project shall be contracted by the Architect. Geotechnical inspections are provided by the Architect, and are not provided by the Consultant. Task 4: Electronic Documentation Electronic Documents: The City is using an electronic document filing and retrieval system (called "E-docs") in order to improve maintenance and any future remodeling projects. Such a system stores as-builts and closeout documentation, like manufacturers' installation, maintenance and warranty information, and provides an easy, computer-based retrieval means. Consultant shall provide this sort of service, E-Docs or approved equal, for the Main Library, including labor 18 Professional Services Rev. June 2, 2010 to input all documentation. Task 5: Photographic Recording Project Documentation -Photographic Record: Based upon a build period of sixteen (16) months, Consultant shall provide a photographic record of the following: pre-construction site­ survey of existing conditions; sixteen (I 6) maximum exterior progressions; interior progressions; six (6) maximum interior mechanical, electrical and plumbing; pre-concrete slab pour; exterior elevation, including window-flashing and waterproofing; three (3) maximum roofing showing the roof at various stages of the project; and finished condition prior to occupancy. All documentation shall include consultations with City identifying project-specific needs, appropriate photographic intervals, schedules, determination of optimal locations based on the site plans, a representative number of digital photographs at such intervals and for such durations and at the specified milestones; linking each photo set to the appropriate location on the site plans and floor plans; online web hosting of the documentation on the Multivista website for the construction period covered by the documentation and for a minimum period of I-year thereafter; password protected access to the documentation; and two CD or DVD ROM copies of the entire documentation upon completion. Task 6: Allowance for Additional Testing The construction contract requires the Contractor to reimburse the City for re-testing that results from failed inspections. The City does not, however, have an administrative mechanism to return/rebate re-testing fees to the Consultant. The Consultant shall therefore carry a budget to pay for any additional re-testing that may be required. This allowance shall only be expended if authorized in advance, in writing, by the City's Project Manager. Task 7: Post Construction Services Move-back: Consultant shall oversee the efforts related to moving back to the Main Library: • Technical services from the Cubberley Community Center back to the Main Library; • Main Library staff from the Mitchell Park Library back to the Main Library. The temporary sites occupied by Main Library staff during construction of the Main Library will need to be converted back to their original uses. Any design effort shall be by separate contract with Architect, or by staff. Consultant shall coordinate the modification work between Architect, staff and contractor(s). Record Drawings and Close-Out: Within 60 calendar days after the "Notice of Completion to the Contractor", Consultant shall: • Coordinate the preparation of record drawings with the Contractor and review these Professional Services Rev. June 2,2010 19 drawings for "as-built" accuracy • Ensure completion and delivery of all Contractor required close-out documentation including O&M manuals, record drawings, warranties, etc. • Consolidate all project files and documentation maintained by the CM to be retained by the City • Under the direction of the City's Project Manager, work to resolve any contract claim issues (stop notices, bonding, delays, extra work etc.), that may arise • Consultant will set up and coordinate contractor-provided training of City staff as required by the contract documents and as necessary to ensure that the appropriate City personnel are adequately trained and familiar with the new and refurbished equipment • Consultant shall, as requested by the City's Project Manager, respond to and coordinate with the Contractor or responsible party to repair and/or replace defective work items that are included in the project's I-year warranty period, which may extend to one year from the Notice of Completion. Post Construction and Warranty Services: Consultant shall meet with Library and Public Works staff monthly for three months commencing after the building is open to the public in order to complete any remaining punch-list items and/or to contact the Contractor for any warranty issues that might arise. After the initial three month period, Consultant shall contact the Staff quarterly for a period of nine months to determine whether any new building or systems issues have been identified. Systems deficiencies that cannot be resolved by the Contractor shall be reported to the Commissioning Agent, Architect and City. Commissioning Verification: Consultant shall participate in the post-construction activities of the Commissioning Agent as follows: Participate in an off-season testing (i.e., testing the heating system prior to winter) session and work with the Contractor to correct any deficiencies. Compile the final testing documentation for inclusion in the Commissioning Record and in the O&M manuals. 12 Month Warranty Follow Up: Consultant shall return to the site at month 10 of the 12 month warranty period and review operating conditions with City facility staff and the Commissioning Agent in order to identifY any outstanding issues related to the original and seasonal commissioning. The Commissioning Agent will interview facility staff and identifY problems or concerns that they have with operating the building as originally intended. The Commissioning Agent will make suggestions for improvements and for recording these changes in the O&M manuals. The Commissioning Agent will identifY areas that may come under warranty or under the original construction contract. The Consultant shall work with the Contractor to resolve any warranty issues. 20 Professional Services Rev. June 2, 2010 EXHIBIT "B" SCHEDULE OF PERFORMANCE CONSULTANT shall perform the Services so as to complete each milestone within the time specified below. The time to complete each milestone may be increased or decreased my 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 two weeks of receipt of the Notice to Proceed. The estimated construction duration for the Main Library (excluding hazardous materials removal) is 14 months. The completion dates for the Milestones below are approximate. Milestone Completion Award of Consultant Contract and NTP October 1012 Phase 1-Design Phase Review Construction Documents November 2012 Contractor Prequalification January 2013 Hazardous Materials Contract March 2013 Construction Contract Award May 2013 Phase II -Construction Phase Construction Start June 2013 Substantial Completion July 2014 Project Close-Out (1 mo.) August 2014 Phase 111-Post-Construction Phase Warranty Period (12 mos.) August 2015 CITY agrees to compensate CONSULTANT for professional services performed in accordance with the terms and conditions of this Agreement, and as set forth in the Compensation schedule attached in Exhibit C. Compensation shall be calculated based on the hourly rate schedule attached as Exhibit C-1, up to the not to exceed budget amounts set forth in Exhibit C. CONSULTANT acknowledges and agrees that, if for any reason the project schedule described in this Exhibit B goes beyond the completion milestones set forth above, CONSULTANT shall complete all services and that compensation for those. services will not exceed the not-to-exceed amounts in Exhibit C unless the cause of the extended duration is the result of a significant change or addition to the project scope which neither party could reasonably anticipate at the time this Agreement was entered into. 21 Professional Services Rev. June 2, 2010 EXHIBIT "C" COMPENSATION 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 $688,121. 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 $68,812. 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. CITY'S PROJECT MANAGER may approve in writing the transfer of budget amounts between any of the tasks or categories listed below provided the total compensation for Basic Services, including reimbursable expenses, does not exceed $688,121 and the total compensation for Additional Services does not exceed $68,812. DESCRIPTION 1. BASIC SERVICES Task 1-Preconstruction Services Task 2-Construction Services Task 3-Testing and Inspection Services Task 4-Electronic Documentation Task 5-Photographic Recording Task 6-Additional Testing Allowance Task 7-Post Construction Services BASIC SERVICES SUBTOTAL Reimbursables: OfficelTrailer Equipment Allowance NOT-TO-EXCEED AMOUNT $107,384 $422,850 $90,000 ($10,000 Geotech +$80,000 Structural) $15,000 $23,902 $10,000 $13,485 $682,621 $2,500 $3,000 TOTAL BASIC SERVICES + REIMBURSABLES $688,121 2. ADDITIONAL SERVICES 10% of Basic Services TOTAL SERVICES: 22 $68,812 $756,933 Professional Services Rev. June 2, 2010 REIMBURSABLE EXPENSES: EXHIBIT "c" COMPENSATION -Continued Reimbursable expenses include, but are not limited to, preparation of public outreach materials, cost of copying plans and specifications, and other tasks not included herein. Postage (with the exception of delivery oflarge items such as contract documents or overnight mail, travel, meals, computers, bridge tolls, telephone, administrative, overhead, secretarial time or secretarial overtime, word processing, photocopying, in-house printing, insurance, other ordinary business expenses and other related overhead costs are included within the scope of payment for services and shall not be considered as reimbursable, but shall be included in the overall project costs. CONSULTANT shall provide additional services only by advanced, written authorization from the CITY. Additional Services include, but are not limited to, attendance at Council and Commission meetings not originally intended in the scope of work and reimbursable expenses not included in the base fee. The CONSULTANT, at the CITY'S project Manager's request, shall submit a detailed written proposal including a description of the scope of services, schedule, level of effort, and CONSULTANT'S proposed maximum compensation, including reimbursable expenses, for such services based on the rates set forth in Exhibit C-l. The additional services scope, schedule, and maximum compensation shall be negotiated and agreed to in writing by the City's project manager prior to commencement of the services. Payment for additional services is subject to all requirements and restrictions in this agreement. 23 Professional Services Rev. June 2, 2010 Team Member Proj ect Princapal Senior Project Manager Proj ect Manager Project Engineer Administrator Senior Materials Engineer Testing Inspection Proj ect Manager Testing Inspection Field Supervisor EXHIBIT "C-l" HOURLY RATE SCHEDULE Rate ($) 2012 Rate ($) 2013 175 185 145 -155 150 -160 130-140 135-145 120 128 90-100 100-105 150 157 125 131 105 110 24 Rate($)2014 190 160-170 142-155 136 105-110 168 143 120 Professional Services Rev. June 2, 2010 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 REOUIREMENTS, AS SPECIFIED, BELOW: MINIMUM LIMITS REQUIRED TYPE OF COVERAGE REQUIREMENT EACH YES YES YES YES YES YES OCCURRENCE AGGREGATE WORKER'S COMPENSATION STATUTORY EMPLOYER'S LIABILITY STATUTORY BODILY INJURY $1,000,000 $1,000,000 GENERAL LIABILITY, INCLUDING PERSONAL INJURY, BROAD FORM PROPERTY DAMAGE $1,000,000 $1,000,000 PROPERTY DAMAGE BLANKET CONTRACTUAL, AND FIRE LEGAL BODILY INJURY & PROPERTY DAMAGE $1,000,000 $1,000,000 LIABILITY COMBINED. BODILY INJURY $1,000,000 $1,000,000 -EACH PERSON $1,000,000 $1,000,000 -EACH OCCURRENCE $1,000,000 $1,000,000 AUTOMOBILE LIABILITY, INCLUDING ALL OWNED, HIRED, NON-OWNED PROPERTY DAMAGE $1,000,000 $1,000,000 BODILY INJURY AND PROPERTY $1,000,000 $1,000,000 DAMAGE, COMBINED PROFESSIONAL LIABILITY, INCLUDING, ERRORS AND OMISSIONS, MALPRACTICE (WHEN APPLICABLE), AND NEGLIGENT PERFORMANCE ALL DAMAGES $1,000,000 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 ANYRESULTANT 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 I1',SUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AiW EMPLOYEES. I. INSURANCE COVERAGE MUST INCLUDE: A. A PROVISION FOR A WRITTEN THIRTY DAY ADVANCE NOTICE TO CITY OF CHANGE IN COVERAGE OR OF COVERAGE CANCELLATION; AND B. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONTRACTOR'S AGREEMENT TO INDEMNIFY CITY. C. DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITY'S PRIOR APPROVAL. II. CONTACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE. III. ENDORSEMENT PROVISIONS, WIlli RESPECT TO THE INSURANCE AFFORDED TO "ADDITIONAL INSUREDS" A. PRIMARY COVERAGE WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS. . B. CROSS LIABILITY THE NAMING OF MORE TI!AN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE POLICY SHALL 25 Professional Services Rev. June 2, 2010 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 I. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER THAN THE NON·PA YMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. 2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON·PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. NOTICES SHALL BE MAILED TO: PURCHASING AND CONTRACT ADMINISTRATION CITY OF PALO ALTO P.O. BOX 10250 PALO ALTO, CA 94303 26 Professional Services Rev. June 2, 2010 Awarded Future Projected Total PE-11000 MAIN LIBRARY (95% CD Estimate) Construction Contractor Costs Future Construction Contract General Construction 12,950,000 15,319,000 15,319,000 (2,369,000) Future Parking & Circulation Art Center Credit (500,000)(500,000)500,000 Future Hazmat Abatement CPA Support Contract 250,000 14,495 235,505 315,000 (65,000) Future Custom Casework CPA Support Contract 400,000 400,000 400,000 0 Future Artwork CPA Support Contract 125,000 90,000 35,000 125,000 0 Future Graphics&Signage CPA Support Contract 250,000 250,000 250,000 0 Building Built In Technology Future AHM Book Handling CPA Support Contract 100,000 374,713 374,713 (274,713) Future Book Security CPA Support Contract 15,000 37,130 37,130 (22,130) Future Self Check Out CPA Support Contract 10,000 32,670 32,670 (22,670) Design C09130744 Architecture - Design 1,800,000 1,645,818 750,000 2,395,818 (595,818) 0 Construction Management & Inspections 0 C10131631 CM services 850,000 92,500 688,121 780,621 69,379 0 Other Costs 0 Future Permit, Fees & Expenses City Departments 1,000,000 1,000,000 1,000,000 0 Plan Check West Coast 39,200 16,300 22,900 39,200 0 Future Offsite Utility Installation CPA Utility Department 50,000 50,000 50,000 0 Sub Totals 17,839,200 1,859,113 18,695,039 20,619,152 (2,779,952) Project Contingency 10%Authorized 2,250,000 171,607 1,869,504 2,041,111 208,889 20,089,200 2,030,720 20,564,543 22,660,263 (2,571,063) revised 10/10/2012 TOTALS BUDGET RESERVESCONTRACTSOctober 2012 Palo Alto Library Projects Bi-Monthly Progress Report July – August 2012 Mitchell Park Library & Community Center Main Library Mitchell Park Main Entry Table of Contents Mitchell Park Library  Status Report  Management Summary  Action Items  Schedule Milestones Main Library  Status Report  Management Summary Library Closure Plan Financial Summary Mitchell Park Library & Community Center 3700 Middlefield Road, Palo Alto The new Mitchell Park Library and Community Center is a highly sustainable joint-use facility that will be a vibrant destination for civic, cultural, social, educational, and recreational activities. The new center, which will replace undersized and aged facilities, is made possible through Measure N and the strong partnership between the city and the community. During construction, temporary library and teen center facilities are available at the Cubberley Community Center. PROJECT CONSTRUCTION CONSTRUCTION BEGAN: September 2010 ANTICIPATED OPENING: Spring 2013 PROJECT TEAM OWNER: City of Palo Alto Public Works (650) 329-2295 ARCHITECT: Group 4 Architecture, Research + Planning Inc. South San Francisco, CA (650) 871-0709 GENERAL CONTRACTOR: Flintco Pacific, Inc. Roseville, CA (916) 757-1000 CONSTRUCTION MANAGER: Turner Construction Company San Jose, CA (408) 918-1600 FOR MORE INFORMATION www.cityofpaloalto.org/libraryprojects KEY ACCOMPLISHMENTS Exterior Wall Finishes Glass Installation Start of Drywall UPCOMING ACTIVITIES Stonework Exterior Painting and Trim Interior Ceilings Drywall Continues Library West Fascia Installation Library Roofing Started Window Trim Installation at Multi Purpose Solar Hot Water Panels Installed Clerestory Glass for Natural Lighting Community Center with Library Beyond Library Plaster Finished Library Window Sealant Installation Bldg A South Plaster Installation Library Window Water Testing Mitchell Park Library & Community Center Management Summary July - August 2012 Noteworthy Accomplishments Exterior Glass, Plaster and Metal Siding are complete Solar Hot Water Panels are installed Raised Flooring nears completion and drywall has started Current Project Challenges: Processing the high volume of change documentation and providing direction Settle tube steel and exterior wall framing changes (Ready for Council approval) Settle waterproofing and sheet metal changes (Estimate complete) Significant number of new COR to review Submittals impacting material delivery and inspection (In progress but nothing completed) Photovoltaic systems need separate permits Deferred submittals for glass railings, elevators and library shelving need to complete plan check Safety Public Safety is a priority outside the fence. No incidents reported to date School resumed smoothly without any safety issues from construction Quality Control City and Special Inspection Work: Work needs to be ready when inspection is requested Work should pass inspection the first time around Quality Control Observation Reports : 56 have been issued and 12 remain open Courtyard Concrete benches finishes need remedial work. Exposed exterior steel needs welds ground smooth and finished with a protective coating Firewall Construction modified assembly needs Building Department approval Glazing contractor is having difficulty meeting quality control standards Sliding glass doors don’t meet specification Water testing 100% of windows due to high failure rate. Costs: Since the last report, the City issued 7 Change Orders dealing with over 50 Change Order Requests Flintco resumed Change Order Request submittals with an equivalent number of new requests. Schedule: No progress on completion date – August schedule still shows 9 months left. (May 2013) The Contractor needs adequate manpower to support the planed schedule. Next Key Milestones: Drywall finish Library 10/4 Teen Center 10/4 Community Center 10/3 Stonework finish Library 10/24 Teen Center 10/10 Community Center 9/19 Ceilings start Library 9/25 Teen Center 9/20 Community Center 9/25 Mitchell Park Library & Community Center Schedule Milestones July - August 2012 ACTIVITY ACTIVITY I.D.Bldg-A Bldg-B Bldg-C Pad Certification 10/27/10 10/27/10 10/27/10 Foundation Complete 12/28/11 1/16/11 1/7/11 Frame & Place Slab on Grade 2/11/11 5/6/11 5/3/11 Top out Structural Steel Frame 5/31/11 4/15/11 5/12/11 2nd Floor Poured 4/16/11 X X Roof Poured 5/31/11 6/24/11 6/21/11 Frame Ext Walls EXT 4000 9/2/11 9/26/11 9/2/11 Building Dried In EXT 5555 6/8/12 6/8/12 6/8/12 Frame Interior Walls INT 1130 5/24/11 6/1/11 7/1/11 Hang Drywall Start 1 INT A1085 B1080 C2330 9/6/12 8/8/12 8/6/12 Ceiling Start (MEP inspections pass) 2 INT A.B.1220, C1270 9/25/12 9/20/12 9/25/12 Drywall Finished INT A1080 B1080 C1090 10/4/12 10/4/12 10/3/12 Ceiling Tile Finished FIN 1120 11/27/12 11/8/12 11/12/12 Permanent Power 3 INT A2120, EQU B2010, C2020 9/27/12 9/27/12 9/27/12 Heat & Air Conditioning Online EQU A1100, BC1090 10/16/12 1/9/13 1/18/13 Casework Start Date 4 FIN A10049, BC1090 10/19/12 9/20/12 10/9/12 Elevator Complete AEQU1090 10/23/12 x x Owner/Arch Punchlist - Start PCO A5000 B2020 C3030 3/11/13 1/24/12 2/11/12 Parking Paving & Driveways Complete STE 1840 1/7/13 x x Substantial Completion 5 PCO A1555 B2555 C3555 2/26/13 2/28//13 3/8/13 Certificate of Occupancy PCO 5020/1555 4/12/13 4/12/13 4/12/13 Building Air out and Commissioning EQU 1070 4/17/13 4/2/13 4/26/13 Footnotes 1. Actual from Inspection log 2. Schedule dates passed - used inspector's estimate 3. Per Flintco at 9/5 weekly meeting 4. need walls finished and HVAC online 5. Temporary Certificate of Occupancy Completion DateFlintco Monthly Schedule update 8-15-12 Completed Main Library 1213 Newell Road, Palo Alto Exterior View PROJECT CONSTRUCTION CONSTRUCTION STARTS: Summer 2013 ANTICIPATED OPENING: Fall 2014 PROJECT TEAM OWNER: City of Palo Alto Public Works (650) 329-2295 ARCHITECT: Group 4 Architecture, Research + Planning Inc. South San Francisco, CA (650) 871-0709 CONSTRUCTION MANAGER: TBD FOR MORE INFORMATION www.cityofpaloalto.org/libraryprojects KEY ACCOMPLISHMENTS Budget Update complete based on current construction UPCOMING ACTIVITIES Plan Check Submittal is anticipated by the end of September The Palo Alto Main Library renovation and addition is in the final phase of design “Better Libraries for Palo Alto” projects, funded by the passage of Measure N by voters in 2008. The project incorporates upgrades to the historic building’s structural, electrical and mechanical systems while preserving the integrity of architect Edwards Durrell Stone’s iconic design. The new addition includes a program room and additional restrooms to extend the services of this heavily-used branch. The project targets LEED certification. Library Closure Plan July - August 2012 201 4 Main Library Opening to the Public in 2014 Downtown Library re-opened Mitchell Park Library and Community Center construction started, College Terrace Library re-opened Mitchell Park Library & Community Center Anticipated Public Public Opening in the Spring 2013 Main Library Closes for construction Mid 2013 20 1 0 20 1 1 201 2 201 3 printed 9/11/2012 MEASURE N ENGINEER'S ESTIMATE PROJECTED RESERVES 09010 Cubberley Temporary Library 645,000 619,687 25,313 09005 Downtown Library 4,000,000 5,212,000 4,418,111 793,889 09006 Mitchell Park Library & C.C.50,000,000 49,043,000 41,411,673 7,631,327 11000 Main Library 18,000,000 20,100,000 21,682,800 -1,582,800 11010 Art Center Temporary Library 500,000 500,000 0 Bonding and Financing Costs 4,000,000 500,000 500,000 0 BONDED AMOUNT 76,000,000 76,000,000 69,132,271 6,867,729 data 8/28/12 - - - July - August 2012 Update PALO ALTO LIBRARIES BOND MEASURE N PROJECTS FINANCIAL SUMMARY BUDGET COSTS The combined projects currently have projected cost reserves of $6,867,729. Notes on Projected Cost: Temporary Library at Cubberley finished below estimate. Balance is held for move out costs. Downtown Library is now finished. Final Cost will update when all contracts are closed out. Mitchell Park Library and Community Center bids were significantly below estimate. Pending Design and C.M. Contract amendments are not included and will affect Reserves. Bond costs were reforecast and the financing budget was reduced to $500,000. Main Library is still the June 2012 estimate Turner's updated estimate is under review by Public Works Engineering. Council increased Project Scope. Projected Cost includes current estimated cost increases. Projected Costs are based on contracts awarded to date with their full contingency authorization. Projected Costs for contracts not yet awarded are based on the current estimate. Reserves will adjust as future contract awards are made.