HomeMy WebLinkAboutStaff Report 7077
City of Palo Alto (ID # 7077)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 8/29/2016
City of Palo Alto Page 1
Summary Title: Ventura Building Upgrades
Title: Approve and Authorize the City Manager to Execute a Contract With
Advanced Design Consultants, Inc., in an Amount Not-to-Exceed $160,701.00
for Design Services for the Ventura Building, Capital Improvements Program
Project PE-15011
From: City Manager
Lead Department: Public Works
Recommendation
Staff recommends that Council approve, and authorize the City Manager or his
designee to execute Contract No. C17163901, a professional services agreement
with Advance Design Consultants, Inc. (Attachment A), in a not-to-exceed
amount of $160,701 for the design of Ventura Community Center Buildings
Mechanical, Electrical and ADA Upgrades (Capital Improvement Program Project
PE-15011), including $146,092 for basic services and $14,609 for additional
services.
Background
The Ventura Community Center is located at 3990 Ventura Court and consists of
four buildings constructed in 1955. The buildings (formerly used by Palo Alto
Unified School District as an elementary school) are owned by the City of Palo and
are currently leased to Palo Alto Community Child Care (PACCC). The Ventura
buildings utilize a heat-only mechanical system comprised of in-floor radiant
heating with boilers. In the winter of 2013, the radiant floor heating in Building 2
failed, leaving eight rooms at the PACCC without heat. In January 2014,
temporary emergency repairs to Building 2 were performed, replacing the failed
system with ductless hydronic heating units utilizing the original boiler.
The Ventura Community Center was constructed prior to the passage of the
City of Palo Alto Page 2
Americans with Disabilities Act (ADA). In January 2016, the City hired SZS
Consulting Group (SZS) to evaluate the Ventura buildings for potential non-
compliant items and other physical barriers that do not meet current ADA codes.
The findings of SZS will be used by Advance Design Consultants, Inc. (ADC) to
design corrections to the most critical ADA deficiencies.
Discussion
Project Improvements
The Ventura Community Center is over 60 years old and in addition to the
mechanical and electrical systems having reached the end of their useful lives
accessibility improvements to comply with ADA requirements must be addressed.
The scope of this project is to: (1) upgrade the electrical and mechanical systems
servicing the buildings that have reached the end of their useful life expectancy,
keeping in mind design proficiency, energy savings, code compliance, and
aesthetics as well as a redistribution/increase in receptacles to areas in need, air
flow, and the inclusion of air conditioning; (2) upgrade and improve the buildings’
accessibility by addressing deficiencies identified by the ADA Transition Plan
Update (mechanical and electrical, fire/life safety, and parking accessibility
barriers); and (3) provide structural upgrades if needed to accommodate the
mechanical, electrical, and ADA improvements.
Purchase Agreement between PAUSD and City of Palo Alto
In 1980, the City of Palo Alto purchased the Ventura Community Center property
from PAUSD under the terms of the Ventura Purchase Agreement (Agreement).
The Agreement gives PAUSD the right to repurchase the property for educational
purposes. The Agreement requires the City to notify PAUSD 60 days in advance of
making any improvements exceeding a 1980 figure of $100,000, escalated to
current dollars using the applicable Construction Index. With escalation, the
current figure is approximately $290,000. Under the Agreement, PAUSD is not
required to pay the value of any improvements as part of the repurchase price if
notice of intent to repurchase is given by PAUSD before the end of the 60-day
notification. A notification (Attachment B) was provided PAUSD on July 28, 2016,
and the 60-day period ends on September 26, 2016.
Consultant Solicitation
A Request for Proposals (RFP) for the project was sent to prospective consultants
City of Palo Alto Page 3
and posted online on April 27, 2016. The scope of work outlined in the RFP
included a study phase, conceptual design phase, construction document phase,
and a bid and construction phase. The following table summarizes the results of
the solicitation:
Summary of Solicitation Process
Proposal Description/Number Consulting Services for the Ventura
Building Improvements
Number of firms notified via email 601
Total Working Days to Respond to
Proposal
20
Number of Proposals Received 3
Company Name
Location
(City, State)
Selected for Oral
Interview?
EDesignC, Inc. San Francisco, CA No
Yes
Advance Design
Consultants, Inc.
San Jose, CA Yes
Gordon Prill, Inc Mountain View, CA
Yes
Range of Proposal
Amounts
Submitted
$145,504 - $161,158
An evaluation committee consisting of representatives from Public Works
Engineering Services reviewed the proposals, and invited all three firms to
participate in oral interviews on June 22, 2016. The committee carefully reviewed
each firm's qualifications and submittal in response to the criteria identified in the
RFP. The evaluation committee selected Advance Design Consultants, Inc. (ADC).
ADC was selected because of the depth and quality of their design experience
that includes past project experience with the City, exceptional qualifications of
their proposed project design team, and the strength of their proposed project
design approach.
Timeline
City of Palo Alto Page 4
The design is scheduled to be completed within 180 calendar days following
issuance of the Notice to Proceed. The Ventura buildings will remain functional
during the course of the project and construction phase work will be sequenced
to minimize impacts on users. If feasible, selected project elements may be
accelerated to allow the work to take place during PACCC breaks. Work will be
planned in close coordination with PACCC users.
Resource Impact
Funding for the Ventura Building Improvements Project is available in Capital
Improvement Program (CIP) Project PE-15011.
Policy Implications
This recommendation does not represent any change to existing City policies.
Environmental Review
This project is categorically exempt from the provisions of the California
Environmental Quality Act (CEQA) under Section 15301 of the CEQA Guidelines as
repair, maintenance or minor alteration of an existing facility.
Attachments:
A - Contract with Advance Design Consultant- C17163901 FINAL (PDF)
B - Written Notice to PAUSD (PDF)
CITY OF PALO ALTO CONTRACT NO. C17163901
AGREEMENT BETWEEN THE CITY OF PALO ALTO AND ADVANCE DESIGN
CONSULTANTS FOR PROFESSIONAL SERVICES
This Agreement is entered into on this 22nd day of August, 2016, (“Agreement”)
by and between the CITY OF PALO ALTO, a California chartered municipal corporation
(“CITY”), and ADVANCE DESIGN CONSULTANTS, INC. a California corporation, located at 998 Park Avenue, San Jose, CA, 95126 ("CONSULTANT").
RECITALS
The following recitals are a substantive portion of this Agreement.
A. CITY intends to upgrade and improve the building services at the Ventura Community
Center located at 3990 Ventura Court, Palo Alto (“Project”) and desires to engage a consultant to
Provide mechanical, electrical, and ADA design services in connection with the Project
(“Services”).
B. CONSULTANT has represented that it has the necessary professional expertise,
qualifications, and capability, and all required licenses and/or certifications to provide the
Services.
C. CITY in reliance on these representations desires to engage CONSULTANT to provide
the Services as more fully described in Exhibit “A”, attached to and made a part of this
Agreement.
NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, in this Agreement, the parties agree:
AGREEMENT
SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described at Exhibit “A” in accordance with the terms and conditions contained in this Agreement. The
performance of all Services shall be to the reasonable satisfaction of CITY.
SECTION 2. TERM. The term of this Agreement shall be from the date of its full execution through completion of the
services in accordance with the Schedule of Performance attached at Exhibit “B” unless
terminated earlier pursuant to Section 19 of this Agreement.
SECTION 3. SCHEDULE OF PERFORMANCE. Time is of the essence in the performance
of Services under this Agreement. CONSULTANT shall complete the Services within the term
of this Agreement and in accordance with the schedule set forth in Exhibit “B”, attached to and
made a part of this Agreement. Any Services for which times for performance are not specified
in this Agreement shall be commenced and completed by CONSULTANT in a reasonably prompt and timely manner based upon the circumstances and direction communicated to the
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CONSULTANT. CITY’s agreement to extend the term or the schedule for performance shall
not preclude recovery of damages for delay if the extension is required due to the fault of
CONSULTANT.
SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to
CONSULTANT for performance of the Services described in Exhibit “A” (“Basic Services”),
and reimbursable expenses, shall not exceed One Hundred Forty Six Thousand Ninety Two
Dollars ($146,092). CONSULTANT agrees to complete all Basic Services, including
reimbursable expenses, within this amount. In the event Additional Services are authorized, the total compensation for Basic Services, Additional Services and reimbursable expenses shall not
exceed One Hundred Sixty Thousand Seven hundred One Dollars ($160,701). The applicable
rates and schedule of payment are set out at Exhibit “C-1”, entitled “HOURLY RATE
SCHEDULE,” which is attached to and made a part of this Agreement. Any work performed or
expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to the CITY.
Additional Services, if any, shall be authorized in accordance with and subject to the provisions
of Exhibit “C”. CONSULTANT shall not receive any compensation for Additional Services
performed without the prior written authorization of CITY. Additional Services shall mean any work that is determined by CITY to be necessary for the proper completion of the Project, but
which is not included within the Scope of Services described at Exhibit “A”.
SECTION 5. INVOICES. In order to request payment, CONSULTANT shall submit monthly
invoices to the CITY describing the services performed and the applicable charges (including an identification of personnel who performed the services, hours worked, hourly rates, and
reimbursable expenses), based upon the CONSULTANT’s billing rates (set forth in Exhibit “C-
1”). If applicable, the invoice shall also describe the percentage of completion of each task. The
information in CONSULTANT’s payment requests shall be subject to verification by CITY.
CONSULTANT shall send all invoices to the City’s project manager at the address specified in Section 13 below. The City will generally process and pay invoices within thirty (30) days of
receipt.
SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All of the Services shall be
performed by CONSULTANT or under CONSULTANT’s supervision. CONSULTANT represents that it possesses the professional and technical personnel necessary to perform the
Services required by this Agreement and that the personnel have sufficient skill and experience
to perform the Services assigned to them. CONSULTANT represents that it, its employees and
subconsultants, if permitted, have and shall maintain during the term of this Agreement all
licenses, permits, qualifications, insurance and approvals of whatever nature that are legally required to perform the Services.
All of the services to be furnished by CONSULTANT under this agreement shall meet the
professional standard and quality that prevail among professionals in the same discipline and of
similar knowledge and skill engaged in related work throughout California under the same or similar circumstances.
SECTION 7. COMPLIANCE WITH LAWS. CONSULTANT shall keep itself informed of
and in compliance with all federal, state and local laws, ordinances, regulations, and orders that
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may affect in any manner the Project or the performance of the Services or those engaged to
perform Services under this Agreement. CONSULTANT shall procure all permits and licenses,
pay all charges and fees, and give all notices required by law in the performance of the Services.
SECTION 8. ERRORS/OMISSIONS. CONSULTANT is solely responsible for costs,
including, but not limited to, increases in the cost of Services, arising from or caused by
CONSULTANT’s errors and omissions, including, but not limited to, the costs of corrections
such errors and omissions, any change order markup costs, or costs arising from delay caused by
the errors and omissions or unreasonable delay in correcting the errors and omissions.
SECTION 9. COST ESTIMATES. If this Agreement pertains to the design of a public works
project, CONSULTANT shall submit estimates of probable construction costs at each phase of
design submittal. If the total estimated construction cost at any submittal exceeds ten percent
(10%) of CITY’s stated construction budget, CONSULTANT shall make recommendations to CITY for aligning the PROJECT design with the budget, incorporate CITY approved
recommendations, and revise the design to meet the Project budget, at no additional cost to
CITY.
SECTION 10. INDEPENDENT CONTRACTOR. It is understood and agreed that in performing the Services under this Agreement CONSULTANT, and any person employed by or
contracted with CONSULTANT to furnish labor and/or materials under this Agreement, shall act
as and be an independent contractor and not an agent or employee of CITY.
SECTION 11. ASSIGNMENT. The parties agree that the expertise and experience of CONSULTANT are material considerations for this Agreement. CONSULTANT shall not
assign or transfer any interest in this Agreement nor the performance of any of
CONSULTANT’s obligations hereunder without the prior written consent of the city manager.
Consent to one assignment will not be deemed to be consent to any subsequent assignment. Any
assignment made without the approval of the city manager will be void.
SECTION 12. SUBCONTRACTING.
Option 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.
Option 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:
CONSULTANT shall be responsible for directing the work of any subconsultants and for any
compensation due to subconsultants. CITY assumes no responsibility whatsoever concerning
compensation. CONSULTANT shall be fully responsible to CITY for all acts and omissions of a subconsultant. CONSULTANT shall change or add subconsultants only with the prior approval
of the city manager or his designee.
SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Lorenzo Rios
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Jr, as the Project Manager to have supervisory responsibility for the performance, progress, and
execution of the Services and to represent CONSULTANT during the day-to-day work on the
Project. If circumstances cause the substitution of the project director, project coordinator, or any
other key personnel for any reason, the appointment of a substitute project director and the assignment of any key new or replacement personnel will be subject to the prior written approval
of the CITY’s project manager. CONSULTANT, at CITY’s request, shall promptly remove
personnel who CITY finds do not perform the Services in an acceptable manner, are
uncooperative, or present a threat to the adequate or timely completion of the Project or a threat
to the safety of persons or property.
CITY’s project manager is Matt Raschke, Public Works Department, Engineering Division, 250
Hamilton Avenue, Palo Alto, CA 94301, Telephone: 650-496-5937, email:
Matt.Raschke@CityofPaloAlto.org . The project manager will be CONSULTANT’s point of
contact with respect to performance, progress and execution of the Services. CITY may designate an alternate project manager from time to time.
SECTION 14. OWNERSHIP OF MATERIALS. Upon delivery, all work product, including
without limitation, all writings, drawings, plans, reports, specifications, calculations, documents,
other materials and copyright interests developed under this Agreement shall be and remain the exclusive property of CITY without restriction or limitation upon their use. CONSULTANT
agrees that all copyrights which arise from creation of the work pursuant to this Agreement shall
be vested in CITY, and CONSULTANT waives and relinquishes all claims to copyright or other
intellectual property rights in favor of the CITY. Neither CONSULTANT nor its contractors, if
any, shall make any of such materials available to any individual or organization without the prior written approval of the City Manager or designee. CONSULTANT makes no
representation of the suitability of the work product for use in or application to circumstances not
contemplated by the scope of work.
SECTION 15. AUDITS. CONSULTANT will permit CITY to audit, at any reasonable time during the term of this Agreement and for three (3) years thereafter, CONSULTANT’s records
pertaining to matters covered by this Agreement. CONSULTANT further agrees to maintain and
retain such records for at least three (3) years after the expiration or earlier termination of this
Agreement.
SECTION 16. INDEMNITY.
[Option A applies to the following design professionals pursuant to Civil Code Section
2782.8: architects; landscape architects; registered professional engineers and licensed professional land surveyors.] 16.1. To the fullest extent permitted by law, CONSULTANT shall protect, indemnify, defend and hold harmless CITY, its Council members, officers,
employees and agents (each an “Indemnified Party”) from and against any and all demands,
claims, or liability of any nature, including death or injury to any person, property damage or any
other loss, including all costs and expenses of whatever nature including attorneys fees, experts
fees, court costs and disbursements (“Claims”) that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT, its officers, employees,
agents or contractors under this Agreement, regardless of whether or not it is caused in part by an
Indemnified Party.
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[Option B applies to any consultant who does not qualify as a design professional as defined in Civil Code Section 2782.8.] 16.1. To the fullest extent permitted by law,
CONSULTANT shall protect, indemnify, defend and hold harmless CITY, its Council members,
officers, employees and agents (each an “Indemnified Party”) from and against any and all demands, claims, or liability of any nature, including death or injury to any person, property
damage or any other loss, including all costs and expenses of whatever nature including
attorneys fees, experts fees, court costs and disbursements (“Claims”) resulting from, arising out
of or in any manner related to performance or nonperformance by CONSULTANT, its officers,
employees, agents or contractors under this Agreement, regardless of whether or not it is caused in part by an Indemnified Party.
16.2. Notwithstanding the above, nothing in this Section 16 shall be construed
to require CONSULTANT to indemnify an Indemnified Party from Claims arising from the
active negligence, sole negligence or willful misconduct of an Indemnified Party.
16.3. The acceptance of CONSULTANT’s services and duties by CITY shall
not operate as a waiver of the right of indemnification. The provisions of this Section 16 shall
survive the expiration or early termination of this Agreement.
SECTION 17. WAIVERS. The waiver by either party of any breach or violation of any
covenant, term, condition or provision of this Agreement, or of the provisions of any ordinance
or law, will not be deemed to be a waiver of any other term, covenant, condition, provisions,
ordinance or law, or of any subsequent breach or violation of the same or of any other term,
covenant, condition, provision, ordinance or law.
SECTION 18. INSURANCE.
18.1. CONSULTANT, at its sole cost and expense, shall obtain and maintain, in
full force and effect during the term of this Agreement, the insurance coverage described in Exhibit "D". CONSULTANT and its contractors, if any, shall obtain a policy endorsement
naming CITY as an additional insured under any general liability or automobile policy or
policies.
18.2. All insurance coverage required hereunder shall be provided through carriers with AM Best’s Key Rating Guide ratings of A-:VII or higher which are licensed or
authorized to transact insurance business in the State of California. Any and all contractors of
CONSULTANT retained to perform Services under this Agreement will obtain and maintain, in
full force and effect during the term of this Agreement, identical insurance coverage, naming
CITY as an additional insured under such policies as required above.
18.3. Certificates evidencing such insurance shall be filed with CITY
concurrently with the execution of this Agreement. The certificates will be subject to the
approval of CITY’s Risk Manager and will contain an endorsement stating that the insurance is
primary coverage and will not be canceled, or materially reduced in coverage or limits, by the insurer except after filing with the Purchasing Manager thirty (30) days' prior written notice of
the cancellation or modification. If the insurer cancels or modifies the insurance and provides
less than thirty (30) days’ notice to CONSULTANT, CONSULTANT shall provide the
Purchasing Manager written notice of the cancellation or modification within two (2) business
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days of the CONSULTANT’s receipt of such notice. CONSULTANT shall be responsible for
ensuring that current certificates evidencing the insurance are provided to CITY’s Chief
Procurement Officer during the entire term of this Agreement.
18.4. The procuring of such required policy or policies of insurance will not be
construed to limit CONSULTANT's liability hereunder nor to fulfill the indemnification
provisions of this Agreement. Notwithstanding the policy or policies of insurance,
CONSULTANT will be obligated for the full and total amount of any damage, injury, or loss
caused by or directly arising as a result of the Services performed under this Agreement, including such damage, injury, or loss arising after the Agreement is terminated or the term has
expired.
SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES.
19.1. The City Manager may suspend the performance of the Services, in whole
or in part, or terminate this Agreement, with or without cause, by giving ten (10) days prior
written notice thereof to CONSULTANT. Upon receipt of such notice, CONSULTANT will
immediately discontinue its performance of the Services.
19.2. CONSULTANT may terminate this Agreement or suspend its
performance of the Services by giving thirty (30) days prior written notice thereof to CITY, but
only in the event of a substantial failure of performance by CITY.
19.3. Upon such suspension or termination, CONSULTANT shall deliver to the City Manager immediately any and all copies of studies, sketches, drawings, computations, and
other data, whether or not completed, prepared by CONSULTANT or its contractors, if any, or
given to CONSULTANT or its contractors, if any, in connection with this Agreement. Such
materials will become the property of CITY.
19.4. Upon such suspension or termination by CITY, CONSULTANT will be
paid for the Services rendered or materials delivered to CITY in accordance with the scope of
services on or before the effective date (i.e., 10 days after giving notice) of suspension or
termination; provided, however, if this Agreement is suspended or terminated on account of a
default by CONSULTANT, CITY will be obligated to compensate CONSULTANT only for that portion of CONSULTANT’s services which are of direct and immediate benefit to CITY as such
determination may be made by the City Manager acting in the reasonable exercise of his/her
discretion. The following Sections will survive any expiration or termination of this Agreement:
14, 15, 16, 19.4, 20, and 25.
19.5. No payment, partial payment, acceptance, or partial acceptance by CITY
will operate as a waiver on the part of CITY of any of its rights under this Agreement.
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
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City of Palo Alto
Post Office Box 10250
Palo Alto, CA 94303
With a copy to the Purchasing Manager
To CONSULTANT: Attention of the project director
at the address of CONSULTANT recited above
SECTION 21. CONFLICT OF INTEREST.
21.1. In accepting this Agreement, CONSULTANT covenants that it presently
has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which
would conflict in any manner or degree with the performance of the Services.
21.2. CONSULTANT further covenants that, in the performance of this
Agreement, it will not employ subconsultants, contractors or persons having such an interest.
CONSULTANT certifies that no person who has or will have any financial interest under this
Agreement is an officer or employee of CITY; this provision will be interpreted in accordance with the applicable provisions of the Palo Alto Municipal Code and the Government Code of the
State of California.
21.3. If the Project Manager determines that CONSULTANT is a “Consultant”
as that term is defined by the Regulations of the Fair Political Practices Commission, CONSULTANT shall be required and agrees to file the appropriate financial disclosure
documents required by the Palo Alto Municipal Code and the Political Reform Act.
SECTION 22. NONDISCRIMINATION. As set forth in Palo Alto Municipal Code section
2.30.510, CONSULTANT certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person because of the race, skin color, gender, age,
religion, disability, national origin, ancestry, sexual orientation, housing status, marital status,
familial status, weight or height of such person. CONSULTANT acknowledges that it has read
and understands the provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to
Nondiscrimination Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section 2.30.510 pertaining to nondiscrimination in employment.
SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO
WASTE REQUIREMENTS. CONSULTANT shall comply with the CITY’s Environmentally
Preferred Purchasing policies which are available at CITY’s Purchasing Department, incorporated by reference and may be amended from time to time. CONSULTANT shall comply
with waste reduction, reuse, recycling and disposal requirements of CITY’s Zero Waste
Program. Zero Waste best practices include first minimizing and reducing waste; second,
reusing waste and third, recycling or composting waste. In particular, CONSULTANT shall
comply with the following zero waste requirements: (a) All printed materials provided by CONSULTANT to CITY generated from a
personal computer and printer including but not limited to, proposals, quotes,
invoices, reports, and public education materials, shall be double-sided and
printed on a minimum of 30% or greater post-consumer content paper, unless
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otherwise approved by CITY’s Project Manager. Any submitted materials printed
by a professional printing company shall be a minimum of 30% or greater post-
consumer material and printed with vegetable based inks.
(b) Goods purchased by CONSULTANT on behalf of CITY shall be purchased in accordance with CITY’s Environmental Purchasing Policy including but not
limited to Extended Producer Responsibility requirements for products and
packaging. A copy of this policy is on file at the Purchasing Division’s office.
(c) Reusable/returnable pallets shall be taken back by CONSULTANT, at no
additional cost to CITY, for reuse or recycling. CONSULTANT shall provide documentation from the facility accepting the pallets to verify that pallets are not
being disposed.
SECTION 24. COMPLIANCE WITH PALO ALTO MINIMUM WAGE ORDINANCE.
CONSULTANT shall comply with all requirements of the Palo Alto Municipal Code Chapter 4.62 (Citywide Minimum Wage), as it may be amended from time to time. In particular, for any
employee otherwise entitled to the State minimum wage, who performs at least two (2) hours of
work in a calendar week within the geographic boundaries of the City, CONSULTANT shall pay
such employees no less than the minimum wage set forth in Palo Alto Municipal Code section
4.62.030 for each hour worked within the geographic boundaries of the City of Palo Alto. In addition, CONSULTANT shall post notices regarding the Palo Alto Minimum Wage Ordinance
in accordance with Palo Alto Municipal Code section 4.62.060.
SECTION 25. NON-APPROPRIATION
25.1. This Agreement is subject to the fiscal provisions of the Charter of the
City of Palo Alto and the Palo Alto Municipal Code. This Agreement will terminate without any
penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the
following fiscal year, or (b) at any time within a fiscal year in the event that funds are only
appropriated for a portion of the fiscal year and funds for this Agreement are no longer available. This section shall take precedence in the event of a conflict with any other covenant, term,
condition, or provision of this Agreement.
SECTION 26. PREVAILING WAGES AND DIR REGISTRATION FOR PUBLIC
WORKS CONTRACTS
26.1 This Project is not subject to prevailing wages. CONSULTANT is not
required to pay prevailing wages in the performance and implementation of the Project in
accordance with SB 7 if the contract is not a public works contract, if the contract does not
include a public works construction project of more than $25,000, or the contract does not include a public works alteration, demolition, repair, or maintenance (collectively,
‘improvement’) project of more than $15,000.
OR
26.1 CONSULTANT is required to pay general prevailing wages as defined in
Subchapter 3, Title 8 of the California Code of Regulations and Section 16000 et seq. and
Section 1773.1 of the California Labor Code. Pursuant to the provisions of Section 1773 of the
Labor Code of the State of California, the City Council has obtained the general prevailing rate
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of per diem wages and the general rate for holiday and overtime work in this locality for each
craft, classification, or type of worker needed to execute the contract for this Project from the
Director of the Department of Industrial Relations (“DIR”). Copies of these rates may be
obtained at the Purchasing Division’s office of the City of Palo Alto. CONSULTANT shall provide a copy of prevailing wage rates to any staff or subcontractor hired, and shall pay the
adopted prevailing wage rates as a minimum. CONSULTANT shall comply with the provisions
of all sections, including, but not limited to, Sections 1775, 1776, 1777.5, 1782, 1810, and 1813,
of the Labor Code pertaining to prevailing wages.
26.2 CONSULTANT shall comply with the requirements of Exhibit “E” for any
contract for public works construction, alteration, demolition, repair or maintenance.
SECTION 27. MISCELLANEOUS PROVISIONS.
27.1. This Agreement will be governed by the laws of the State of California.
27.2. In the event that an action is brought, the parties agree that trial of such
action will be vested exclusively in the state courts of California in the County of Santa Clara, State of California.
27.3. The prevailing party in any action brought to enforce the provisions of this
Agreement may recover its reasonable costs and attorneys' fees expended in connection with that
action. The prevailing party shall be entitled to recover an amount equal to the fair market value of legal services provided by attorneys employed by it as well as any attorneys’ fees paid to third
parties.
27.4. This document represents the entire and integrated agreement between the
parties and supersedes all prior negotiations, representations, and contracts, either written or oral. This document may be amended only by a written instrument, which is signed by the parties.
27.5. The covenants, terms, conditions and provisions of this Agreement will
apply to, and will bind, the heirs, successors, executors, administrators, assignees, and
consultants of the parties.
27.6. If a court of competent jurisdiction finds or rules that any provision of this
Agreement or any amendment thereto is void or unenforceable, the unaffected provisions of this
Agreement and any amendments thereto will remain in full force and effect.
27.7. All exhibits referred to in this Agreement and any addenda, appendices,
attachments, and schedules to this Agreement which, from time to time, may be referred to in
any duly executed amendment hereto are by such reference incorporated in this Agreement and
will be deemed to be a part of this Agreement.
27.8 In the event of a conflict between the terms of this Agreement and the
exhibits hereto or CONSULTANT’s proposal (if any), the Agreement shall control. In the case
of any conflict between the exhibits hereto and CONSULTANT’s proposal, the exhibits shall
control.
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27.9 If, pursuant to this contract with CONSULTANT, CITY shares with
CONSULTANT personal information as defined in California Civil Code section 1798.81.5(d)
about a California resident (“Personal Information”), CONSULTANT shall maintain reasonable and appropriate security procedures to protect that Personal Information, and shall inform City
immediately upon learning that there has been a breach in the security of the system or in the
security of the Personal Information. CONSULTANT shall not use Personal Information for
direct marketing purposes without City’s express written consent.
27.10 All unchecked boxes do not apply to this agreement.
27.11 The individuals executing this Agreement represent and warrant that they
have the legal capacity and authority to do so on behalf of their respective legal entities.
27.12 This Agreement may be signed in multiple counterparts, which shall, when
executed by all the parties, constitute a single binding agreement
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CONTRACT No. C17163901 SIGNATURE PAGE
IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement on the date first above written.
CITY OF PALO ALTO
City Manager (Contract over $85k)
Purchasing Manager (Contract over $25k)
Contracts Administrator (Contract under $25k)
APPROVED AS TO FORM:
City Attorney or designee
(Contract over $25k)
N/A Contracts Administrator
(Checklist Approval)
ADVANCED DESIGN CONSULTANTS
Officer 1
By:
Name:
Title:
Officer 2 (Required for Corp. or LLC)
By:
Name:
Title:
Attachments:
EXHIBIT “A”: SCOPE OF SERVICES
EXHIBIT “B”: SCHEDULE OF PERFORMANCE
EXHIBIT “C”: COMPENSATION EXHIBIT “C-1”: HOURLY RATE SCHEDULE
EXHIBIT “D”: INSURANCE REQUIREMENTS
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President
Lorenzo Rios
Renato O'Neal
EXHIBIT “A” SCOPE OF SERVICES
Ventura Building Improvements
Work Plan
CONSULTANT’S scope of services for the Ventura Building Improvement Project consists of
six Tasks, which include Architectural, Mechanical, Electrical, Structural Engineering and ADA improvements:
1 Task 1, Study Phase;
2 Task 2, Conceptual Design (30%);
3 Task 3, Construction Documentation (60%);
4 Task 4, Construction Documentation (90%);
5 Task 5, Issue for Permit (100%);
6 Task 6, Bid and Construction Assistance.
CONSULTANT’s deliverables will vary depending on the task and recommended improvements to the Mechanical, Electrical and ADA upgrades. CONSULTANT shall attend review meetings with the City staff throughout the project as required.
Task 1: Study Phase
CONSULTANT understands that the Ventura Community Center is an occupied building and will remain so during the entire design process and through the completion of construction.
CONSULTANT will be responsible for surveying all the various departments and end-users that
will be utilizing the areas of refurbishment to effectively address their desired needs and
concerns. CONSULTANT’s study shall identify three strategies and alternatives that will provide maximum benefit to end-users and optimize the functionality and usefulness of the work spaces. The analysis and resulting recommendations shall take into account feasibility and
economics as well as accomplishing with minimum downtime and minimum disruption to the
occupants.
1.1 CONSULTANT shall work with the City’s Project Manager to develop the survey strategy,
identify the existing conditions and needs, and develop recommended modifications to meet
the critical needs.
1.2 CONSULTANT shall perform field investigation of the project site and all existing
conditions in conjunction with the findings found in the ADA Transition Plan Update from SZS Consulting Group that may affect the scope of work. CONSULTANT has AutoCAD
files of the Ventura Community Center from the emergency repair project that was
completed in 2014 and will review any and all additional plans and documentation.
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1.3 CONSULTANT shall survey the adequacy of the existing mechanical and electrical systems
and note/rectify any deficiencies while evaluating the condition and required upgrades for
each of the systems.
1.4 CONSULTANT shall include strategies and alternatives to replace or retrofit the existing systems and shall describe the feasibility of retrofitting the systems while operating the
occupied facility. The analysis and resulting recommendations shall take into account both
feasibility and economics.
1.5 CONSULTANT shall explore opportunities to conserve energy through consultations with
City’s energy program. 1.6 CONSULTANT shall evaluate the ADA Transition Plan Update and address the
requirements to upgrade and/or improve the Ventura Community Center to ADA compliance
for the following physical barriers:
a) Mechanical and Electrical related barriers;
b)Fire/Life Safety barriers;
c)Parking barriers including, parking stalls, access aisle, accessible ramp and curb.
1.7 CONSULTANT shall develop a budgetary breakdown for the physical barriers listed in item
1.6 to determine which barriers are reasonably within the Project Budget for corrective
action.
1.8 CONSULTANT shall evaluate the structural modifications necessary to improve and/or
upgrade the buildings mechanical, and electrical system and for ADA compliance if necessary.
1.9 CONSULTANT shall identify implementation methodologies for the renovation to assist in
accommodating existing occupants. Relocation alternatives, rebuilding on a “fast-track”
basis, and other alternatives proposed by CONSULTANT shall be considered during this
phase to accomplish the work with the least cost and/or minimum disruption to the occupants.
1.10 CONSULTANT shall prepare a draft Study Report summarizing the findings of the Study
Phase. CONSULTANT shall present the Study Report to the City’s Project Manager and
appropriate departmental managers in the affected work areas for review and comment. Once
a decision on approach, alternates, and recommendations is made by the City, the next phase of the project shall commence.
Task 2: Conceptual Phase (30%)
CONSULTANT’s second task shall be to prepare preliminary design drawings, estimated
construction costs and project schedule for the City’s review and comment at 30% design.
CONSULTANT shall evaluate all parameters and observations in preparing a conceptual design to accomplish the City’s objectives as outlined in the task described above.
2.1. CONSULTANT shall design a more modern system for efficiency, if feasible, and
replace/retrofit outdated equipment such that the building systems get an extended life of 30
or more years. CONSULTANT shall provide a life-cycle analysis of new major pieces of
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equipment and proposed energy efficient equipment. CONSULTANT shall recommend
equipment changes and methodologies in change-out while accommodating existing
occupants
2.2. CONSULTANT shall provide design to retrofit the physical barriers found in the ADA
Transition Plan Update that were addressed in Task 1 Item 1.6 and found to be reasonably
within the Project Budget per City’s direction.
2.3. CONSULTANT shall include in design, the structural modification associated with the
mechanical, electrical and ADA upgrade and improvements.
2.4. CONSULTANT shall provide a proposed methodology for completing the renovations
during time periods of least impact to the functions of the building occupants; along with
refining the full scope of the project.
2.5. CONSULTANT shall design improvements to conform to all applicable codes, laws and
regulations including the California Building, Mechanical, Plumbing, Electrical, Fire code
and ADA standards.
2.6 CONSULTANT shall coordinate and meet with project team, as needed, including Public
Works Engineering, Fire, Planning, Building and Utilities Engineering.
2.7. CONSULTANT shall provide (30%) design drawings, demolition drawings, and project
schedule including time for permits for City review and approval.
2.8. CONSULTANT shall provide a preliminary engineer’s estimate of the construction cost for
City review at the (30%) design stage to aid the City in determining the final scope of work.
2.9. CONSULTANT shall attend meetings after (30%) submission with the City to review the documents submitted and receive comments. 2.10. CONSULTANT shall finalize the Study Report from Task 1 with the recommendation
and/or modifications necessary and as discussed with the City.
TASK 3: Construction Documentation (60%)
The 60% design stage shall further develop the design components of Task 2 and incorporate all
city provided design review comments. CONSULTANT shall prepare detailed construction documentation, including drawing and details for each discipline, material, and technical
specifications. The drawings and specifications shall be non-proprietary so multiple vendors can
bid on the installation. CONSULTANT shall provide an updated project schedule for review, and
comment.
3.1. CONSULTANT shall prepare plans and technical specifications, and updated project
schedule to the City at (60%) completion for review and comment.
3.2. CONSULTANT shall attend meetings after (60%) submission with the City to review the
documents submitted and receive comments.
TASK 4: Construction Documentation (90%)
The 90% design stage shall include the incorporation of the City’s 60% design review comments and development of the drawing and documentation to permit submission. CONSULTANT shall
prepare all construction drawing, technical specifications, and include all known design
components for the project. CONSULTANT shall provide an engineer’s estimate, and updated
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project schedule for review, and comment.
4.1. CONSULTANT shall prepare plans and technical specifications, and updated project
schedule to the City at (90%) completion for review and comment. 4.2. CONSULTANT shall provide an updated engineer’s estimate for City review at the (90%) design stage.
4.3. CONSULTANT shall attend meetings after (90%) submission with the City to review the
documents submitted and receive comments.
TASK 5: Issue for Permit (100%)
The 100% design phase shall incorporate all city provided design review comments and
finalization of all documents to be issued for permit. CONSULTANT shall provide an engineer’s
construction cost estimate, and construction schedule.
5.1. CONSULTANT shall provide (100%) drawings, technical specifications and documents to
be issued for permit. CONSULTANT shall assist the City in obtaining all building permits,
and other permits as applicable, required for implementation of the work. Five to seven sets
of signed and stamped plans are typically required for building permit submittal. 5.2. CONSULTANT shall provide a construction estimate and a detailed construction schedule
to the City. The construction schedule will include, but not be limited to, equipment lead
times for major equipment purchases, any tenant relocations, and temporary equipment and
staging as required to minimize disruptions to building occupants.
5.3. CONSULTANT shall attend meeting with the City at (100%) design to review the documents submitted and receive comments.
5.4. CONSULTANT shall prepare any revisions required by building permit plan check and
resubmit the necessary number of stamped and signed plan sets.
5.5. Following approval for permit, CONSULTANT shall provide permitted construction
drawings and specification for the City’s use.
TASK 6: Bid and Construction
During the bidding phase of the project CONSULTANT shall provide assistance to City staff
(e.g. pre-bid meeting with prospective bidders, issuance of addenda, responding to requests for
information or clarification, etc.) and shall assist the City with evaluation of the bids.
Upon award of a construction contract to a general contractor, the City will negotiate with CONSULTANT an appropriate scope of work for construction phase services to be provided
(e.g. assistance with Requests for Information, review of contractor submittals, review of change
order requests, periodic site inspections, preparation of record drawings, etc.). Construction
phase services will be added to the CONSULTANT’s contract at the City’s discretion via a contract amendment.
At project completion, contractor will provide “as-built” information for CONSULTANT to
prepare final record drawings. CONSULTANT shall verify the data provided before preparing
the record drawings. Record drawings shall be provided in AutoCAD 2013, PDF format, as well as one set of reproducible drawings.
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DELIVERABLES:
Consultant shall submit construction documents including specification in Microsoft Word
format and drawings in AutoCad format. Project and Construction Schedules shall be prepared
using Microsoft Project. The General Conditions and General Requirements sections of the
specifications (including Instructions to Bidders and bid forms) will be provided by City.
Task 1 Study Phase
•Consultant shall deliver five (5) hard copies and one (1) electronic copy (MS Word and
PDF) of the draft Study Report.
Task 2 (30% Design)
•Five (5) hard copies and one (1) electronic copy (MS Word and PDF) of the Final Study
Report.
•Five (5) hard copy sets and one (1) electronic copy of the conceptual plans (AutoCad andPDF).
•Five (5) hard copy sets and one (1) electronic copy set of the project schedule (MS
Project and PDF) and construction estimate (PDF).
Task 3 (60% Design)
•Five (5) hard copy sets and one (1) electronic copy set of the design plans (AutoCad and
PDF) and technical specifications (MS Word and PDF).
•Five (5) hard copy sets and one (1) electronic copy set of the project schedule (MSProject and PDF).
Task 4 (90% Design)
•Five (5) hard copy sets and one (1) electronic copy set of the design plans (AutoCad andPDF) and technical specifications (MS Word and PDF).
•Five (5) hard copy sets and one (1) electronic copy set of the project schedule (MS
Project and PDF) and construction estimate (PDF).
Task 5 (100% Design)
•Five (5) hard copy sets and one (1) electronic copy set of the construction estimate (PDF)
and construction schedule (MS Project and PDF).
•Permit Submittal Set: Five (5) to seven (7) wet signed/stamped hard copy sets and one (1)electronic copy set of the permit submittal plans (AutoCad and PDF), specifications (MS
Word and PDF) and calculation (PDF) as required.
•Resubmittal Sets as required for permit approval: Five (5) to seven (7) wet
signed/stamped hard copy sets and one (1) electronic copy set of the revised plans (AutoCad and PDF), specifications (MS Word and PDF) and calculation (PDF) as
required.
•Permit Approved Set: Five (5) hard copy sets and one (1) electronic copy set of the
permitted plans (AutoCad and PDF), specifications (MS Word and PDF) and calculation (PDF).
Task 6 “As-Built” Record Drawings
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•Preparation and delivery of one (1) hard copy (reproducible) and one (1) electronic copy
(AutoCad and PDF) of “As-Built” Record Drawings.
Proposed Engineering Schedule (NTP + 160 days):
The Time of Completion of all services is proposed to be within one-hundred sixty (160) calendar days after issuance of the Notice to Proceed (NTP). Further, CONSULTANT understands the City of Palo Alto may request that certain high-priority components be
completed within sixty (60) days after issuance of NTP.
Bidding and Construction Support is shown tentative and upon receipt of NTP the schedule will be finalized.
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EXHIBIT “B” SCHEDULE OF PERFORMANCE
CONSULTANT shall perform the Services so as to complete each milestone within the number of days/weeks specified below. The time to complete each milestone may be increased or
decreased by mutual written agreement of the project managers for CONSULTANT and CITY
so long as all work is completed within the term of the Agreement. CONSULTANT shall
provide a detailed schedule of work consistent with the schedule below within 2 weeks of receipt
of the notice to proceed.
Milestone Completion
No. of Weeks From NTP
Kick-Off Meeting 1
Submit BOD 3
BOD Review Meeting 4
Submit IFR30% 6
IFR30% Review Meeting 7
Submit IFR60% 9
IFR60% Review Meeting 10
Submit IFR90% 12
IFR90% Review Meeting 13
Submit IFR(100%) and Review Meeting 15
Submit IFC and Obtain Permit 18
Bidding and Construction Support TBD
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EXHIBIT “C”
COMPENSATION
The CITY agrees to compensate the CONSULTANT for professional services performed
in accordance with the terms and conditions of this Agreement, and as set forth in the budget schedule below. Compensation shall be calculated based on the hourly rate
schedule attached as exhibit C-1 up to the not to exceed budget amount for each task set
forth below.
CONSULTANT shall perform the tasks and categories of work as outlined and budgeted below. The CITY’s Project Manager may approve in writing the transfer of budget
amounts between any of the tasks or categories listed below provided the total
compensation for Basic Services, including reimbursable expenses, and the total
compensation for Additional Services does not exceed the amounts set forth in Section 4
of this Agreement.
BUDGET SCHEDULE NOT TO EXCEED AMOUNT
Task 1 $23,586 (Study Phase)
Task 2 $18,114
(Conceptual Design 30%)
Task 3 $29,141
(Construction Documentation 60% )
Task 4 $32,620
(Construction Documentation 90%)
Task 5 $27,562
(Issue for Permit)
Task 6 $11,505 (Bid and Construction)
Sub-total Basic Services $142,528
Reimbursable Expenses $3,564
Total Basic Services and Reimbursable expenses $146,092
Additional Services (Not to Exceed) $14,609
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Maximum Total Compensation $160,701.00
REIMBURSABLE EXPENSES
The administrative, overhead, secretarial time or secretarial overtime, word processing,
photocopying, in-house printing, insurance and other ordinary business expenses are
included within the scope of payment for services and are not reimbursable expenses.
CITY shall reimburse CONSULTANT for the following reimbursable expenses at cost.
Expenses for which CONSULTANT shall be reimbursed are:
A. Travel outside the San Francisco Bay area, including transportation and meals, will be
reimbursed at actual cost subject to the City of Palo Alto’s policy for reimbursement of
travel and meal expenses for City of Palo Alto employees.
B. Long distance telephone service charges, cellular phone service charges, facsimile
transmission and postage charges are reimbursable at actual cost.
All requests for payment of expenses shall be accompanied by appropriate backup
information. Any expense anticipated to be more than $500 shall be approved in advance by the CITY’s project manager.
ADDITIONAL SERVICES
The CONSULTANT shall provide additional services only by advanced, written authorization from the CITY. The CONSULTANT, at the CITY’s project manager’s
request, shall submit a detailed written proposal including a description of the scope of
services, schedule, level of effort, and CONSULTANT’s proposed maximum
compensation, including reimbursable expense, for such services based on the rates set
forth in Exhibit C-1. The additional services scope, schedule and maximum compensation shall be negotiated and agreed to in writing by the CITY’s Project
Manager and CONSULTANT prior to commencement of the services. Payment for
additional services is subject to all requirements and restrictions in this Agreement.
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EXHIBIT “C-1” HOURLY RATE SCHEDULE
1.Principal/Mgr $ 214.10
2. Supervisor $ 149.75 3.Spec Writer $ 128.51 4.Cost Estimator $ 147.62
5.Drafter $ 90.10
6.Architect $ 156.83
7.Architect-Designer $ 108.07 8.Structural Engineer $ 154.46
9.Structural Designer $ 108.07
10.Civil Engineer $ 131.43
11.Geotechnical Engineer $ 131.43
12.Mechanical Engineer $ 131.43 13.Mechanical Designer $ 102.23
14.Electrical Engineer $ 131.43
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EXHIBIT “D” INSURANCE REQUIREMENTS
CONTRACTORS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITH AM BEST’S KEY RATING OF A-:VII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA.
AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AS SPECIFIED, BELOW:
REQUIRED TYPE OF COVERAGE REQUIREMENT MINIMUM LIMITS
EACH OCCURRENCE AGGREGATE
YES YES
WORKER’S COMPENSATION EMPLOYER’S LIABILITY STATUTORY STATUTORY
YES GENERAL LIABILITY, INCLUDING PERSONAL INJURY, BROAD FORM PROPERTY DAMAGE BLANKET
CONTRACTUAL, AND FIRE LEGAL LIABILITY
BODILY INJURY
PROPERTY DAMAGE
BODILY INJURY & PROPERTY DAMAGE COMBINED.
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
YES AUTOMOBILE LIABILITY, INCLUDING ALL OWNED, HIRED, NON-OWNED
BODILY INJURY
- EACH PERSON - EACH OCCURRENCE
PROPERTY DAMAGE
BODILY INJURY AND PROPERTY DAMAGE, COMBINED
$1,000,000
$1,000,000 $1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000 $1,000,000
$1,000,000
$1,000,000
YES PROFESSIONAL LIABILITY, INCLUDING, ERRORS AND OMISSIONS, MALPRACTICE (WHEN APPLICABLE),
AND NEGLIGENT PERFORMANCE ALL DAMAGES $1,000,000
YES THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONTRACTOR, AT ITS SOLE COST AND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONTRACTOR AND ITS
SUBCONSULTANTS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’ COMPENSATION, EMPLOYER’S LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES.
I. INSURANCE COVERAGE MUST INCLUDE:
A. A PROVISION FOR A WRITTEN THIRTY (30) DAY ADVANCE NOTICE TO CITY OF CHANGE IN COVERAGE OR OF COVERAGE CANCELLATION; AND
B. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONTRACTOR’S AGREEMENT TO INDEMNIFY CITY.
C. DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITY’S PRIOR APPROVAL.
II.CONTACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE AT
THE FOLLOWING URL: https://www.planetbids.com/portal/portal.cfm?CompanyID=25569.
III.ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO “ADDITIONALINSUREDS”
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.
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B. CROSS LIABILITY
THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE POLICY
SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY.
C. NOTICE OF CANCELLATION
1.IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASONOTHER THAN THE NON-PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDECITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATEOF CANCELLATION.
2.IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST A TEN(10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
VENDORS ARE REQUIRED TO FILE THEIR EVIDENCE OF INSURANCE AND ANY OTHER RELATED NOTICES WITH THE CITY OF PALO ALTO AT THE FOLLOWING URL:
HTTPS://WWW.PLANETBIDS.COM/PORTAL/PORTAL.CFM?COMPANYID=25569
OR
HTTP://WWW.CITYOFPALOALTO.ORG/GOV/DEPTS/ASD/PLANET_BIDS_HOW_TO.ASP
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ft City of Palo Alto U Department of Public Works
, 1 ,, , , , Engineering
PALO
ALTO
July 28, 2016
Robert Golton
Palo Alto Unified School District
25 Churchill A venue
Palo Alto, CA. 94306-1099
Subject: 60 Day Work Notice required by Ventura Purchase Agreement
Dear Mr. Golton,
In accordance with Section 1.H.5 of the 1980 Purchase Agreement between the City of Palo Alto and the
Palo Alto Unified School District (P AUSD) for the Ventura Community Center facility, a 60-day written
notice is required to be submitted to the PAUSD by the City prior to commencing improvements exceeding
$100,000 in value, with the $100,000 threshold to be adjusted annually by an applicable Construction Index
beginning in 1981.
This 60-day notice of work is to inform PAUSD that improvements to the Ventura Community Center
facility that exceed the 2016 adjusted threshold amount of approximately $290,000 are scheduled to begin
this September. The improvements to be implemented at the facility include: (1) upgrade the electrical and
mechanical systems and their components servicing the buildings that have reached the end of their useful
life expectancy, keeping in mind design proficiency, energy savings, code compliance, and aesthetics as well
as a redistribution/increase in receptacles to areas in need, air flow and the inclusion of air conditioning; (2)
upgrade and improve the buildings' accessibility features as identified in a recent ADA Transition Plan
Update survey for the following physical barriers: mechanical and electrical barriers; fire/life safety; and
parking accessibility barriers; and (3) provide any structural upgrades that may be needed for the proposed
mechanical, electrical and ADA improvements. The design phase of the project is expected to begin in
September, and the total budget for the project is $690,000.
Some work under the design contract is expected to begin prior to the end of the 60-day notice period. The
initial work will be a study and inventory of the existing components along with developing concepts for the
new system. If PAUSD decides to initiate the repurchase of this facility during the 60-day period, the design
contract will be cancelled immediately.
Thank you very much for your attention to this matter.
Best Regards,
Brad Eggleston
Assistant Director of Public Works
Engineering Services Division
J