HomeMy WebLinkAboutStaff Report 7417City of Palo Alto
City Council Staff Report
(ID # 7417)
Report Type: Consent Calendar Meeting Date: 12/12/2016
Summary Title: Public Safety Building and Cal Ave Garage Design Contract
Approval
Title: Approval of a Contract with RossDrulisCusenbery Architecture, Inc. in
the Amount of $7,007,992 to Provide Design and Environmental Assessment
Services for the new Public Safety Building, Capital Improvement Program
Project, PE-15001 and new California Avenue Area Parking Garage Capital
Improvement Program Project, PE-18000
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. C17165953 (Attachment A) with
RossDrulisCusenbery Architecture, Inc. (RDC) in a not-to-exceed amount of
$7,007,992 for design and environmental review services, including $6,370,902
for basic services and $637,090 for additional services for the new Public Safety
Building Capital Improvement Program project (PE-15001) and the new California
Avenue Parking Garage Capital Improvement Program project (PE-18000).
Background
In December 2015, Council directed staff to begin design for a 3-story Public
Safety Building (PSB) on Parking Lot C-6 in the California Avenue business district
(CMR 6069) and in advance of the PSB, design a new parking garage with a retail
element along Birch Street on Parking Lot C-7. The new parking garage is intended
to replace the existing surface parking on Lots C-6 and C-7 while adding a
minimum of 160 net new parking stalls (460 total stalls). The new Public Safety
Building and new California Avenue area parking garage projects are part of the
2014 Council Infrastructure Plan. The direction from Council included a request
for analysis of costs and other impacts for possible options to add more than the
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minimum 460 parking stalls.
In preparation for and in advance of procuring full design services, staff:
1.
2.
Prepared title reports for Lots C-6 and C-7;
Procured a geotechnical engineer and completed a soils report in
May 2016;
Procured an arborist and prepared a tree survey for Lots C-6 and C-7;
Surveyed boundaries and site topography for Lots C-6 and C-7;
Prepared Phase I Environmental Site Assessment (due diligence) for
Lots C-6 and C-7; and
Initiated Transportation Impact Analysis (TIA) and completed existing
traffic count survey.
3.
4.
5.
6.
In June 2016, Council authorized a contract with Nova Partners, Inc. (Nova) to
provide program management services for the 2014 Council Infrastructure Plan
projects. Nova assisted with developing the project delivery plan, preliminary
schedule and scope of work for procuring design, and environmental review
services for the PSB and garage. Nova also assisted with the selection process.
As stated in the Fiscal Year 2017 Adopted Capital Budget, the total budgets for
these two projects are:
1.
2.
Public Safety Building (PE-15001), $57.8 million and
California Avenue Garage (PE-18000), $10.3 million
The project budgets shown above are based on original estimates from the 2014
Council Infrastructure Plan, and include staff salaries and benefits. Construction
costs may be higher due to market escalation and anticipated scope modifications
such as the added retail element for the California Avenue parking garage. The FY
2017-2021 capital budget and 5-year plan includes a contingency fund of $30
million for the 2014 Council Infrastructure Plan projects that can be used to
provide additional funding for the Infrastructure Plan projects as needed.
Discussion
RDC Contract Scope of Services
The RDC contract scope of services includes the following for both the Public
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Safety Building and the Parking Garage:
Phase 1:
1.
2.
3.
4.
California Environmental Quality Act (CEQA) Assessment
Preliminary Design
Schematic Design
Design Development
Phase 2:
1. Permit Set and Construction Documents
2. Project Bidding and Award
Phase 3:
1. Construction Administration
2. Project Closeout and Commissioning
The design contract includes the scope of services and compensation for all three
phases. However, commencement of work for each phase will require written
authorization by the City. Phase 2 work will not be authorized until CEQA review
and Council approval of the projects are completed.
The contract with RDC includes preparation of environmental documents,
schematic designs, design development packages, and construction documents
for a new PSB and parking garage at existing surface parking Lots C-6 and C-7. RDC
will develop conceptual options for the parking garage in preliminary design that
include retail, additional above-ground levels, and additional sub-surface parking
levels. Staff expects to return to Council in March 2017 with the conceptual
options for the parking garage for approval prior to moving forward with
schematic design. RDC will present the designs for the new PSB and parking
garage to the Architectural Review Board (ARB), Planning and Transportation
Commission (PTC) and Council as appropriate at schematic design and design
development levels. RDC will also provide construction cost estimates upon
completion of schematic design, design development, and construction document
phases of the project.
At a minimum, the PSB will be designed to meet LEED Silver certification
standards per the current City policy. Consideration of LEED Gold or Platinum
certification will be evaluated during design, especially in light of the recently
adopted Sustainability and Climate Action Plan (S/CAP) draft framework. The
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design process will include evaluation of electrification potential for PSB
mechanical systems, photovoltaics on the parking garage and PSB, and other
green building concepts. LEED certification is not applicable to the parking
garage, however it will be designed to the
locally adopted Building Code.
Green Building requirements of the
Request for Proposals (RFP) Process
Table 1: Summary of Solicitation Process
On September 13, 2016, the City released a Request for Proposal (RFP No.
165953) for Professional Services. Seven proposals were submitted. Public Works,
Nova Partners, and Public Safety staff reviewed each firm’s submittal in response
to the criteria identified in the RFP. On October 31, 2016, the four top‐scoring
firms made presentations to the evaluation committee. RDC was selected as the
top candidate. Staff recommends awarding the contract to RDC based on their
experience designing public safety facilities and working
community, the overall strength of their project team
in the Palo Alto
including multiple
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Proposal Description/ Number
Public Safety Building and California
Avenue Parking Garage / RFP 165953
Proposed Length of Project 36 months
Number of websites 1 (PlanetBids)
Number of days to response 28
Number of Proposal received 7
Company Name
Location
Selected for
Interview?
Advanced Design Consultants, Inc. San Jose, CA No
Heller Manus Architects San Francisco, CA No
KMD Architects San Francisco, CA Yes
Mark Cavagnero Associates San Francisco, CA No
AECOM Technical Services, Inc. San Francisco, CA Yes
RossDrulisCusenbery Architecture, Inc. Sonoma, CA Yes
Ten Over Studio San Luis Obispo, CA Yes
Submitted Fee Range:
$4,956,951 to $6,806,221
subconsultants, their understanding of the project scope and their construction
administration experience.
The RFP requested pricing for both traditional design/bid/build and design/build
project delivery methods for the California Avenue Parking Garage. The RDC
contract includes the design/bid/build delivery method. The design/build project
delivery method is often considered advantageous for parking garage
construction due to its tendency to shift risk to the design/build contractor and
reduce costs by allowing the design/build contractor to find the most cost-
effective strategies for complying with the project specifications. In this instance,
the funding of the project through certificates of participation would require a
low bid-based design/build RFP process that would be less advantageous for the
City. Additionally, the need to complete construction of the parking garage prior
to initiating construction of the public safety building, and to secure ARB and
Council approval of the project and the CEQA document prior to the design/build
RFP, would likely limit the innovations of the design/build contractor and
potentially introduce delays.
The not-to-exceed contract amount for RDC includes a number of optional
services that were identified and negotiated after completion of the selection
process. The total also includes an additional services budget of 10% beyond the
amount for basic services and reimbursables. For comparison to the Table 1
Submitted Fee Range of all proposals, RDC’s fee exclusive of the optional services
is approximately $5.9 million.
Timeline
Staff anticipates returning to Council in March 2017 for direction on the Parking
Garage size. Following that action, design and environmental review is expected
to continue through to December 2017. Completion of the Parking Garage is
targeted for late summer 2018, and completion of the PSB is expected in late
spring of 2021. Preparation of a detailed schedule from RDC is one of first tasks
of the contract.
Resource Impact
As approved in the Fiscal Year 2017 Adopted Capital Budget, funding for Phase 1
services (environmental assessment and design services through design
development), reimbursables and additional services is available in Capital
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Improvement Program projects PE‐15001 and PE‐18000. Further funding needed
to support Phases 2 and 3 will be appropriated in future fiscal years to coincide
with the design and construction schedule.
Table 2: Capital Improvement Program Project Allocation
Total funding in the 2014 Council Infrastructure Plan for both projects was
established at $66.6 million, excluding staff salaries and benefits. Updated
construction cost estimates and corresponding total project budgets will be
developed during the preliminary design phase and will be presented to Council
as part of the consideration of providing more than 460 parking spaces in the
parking garage.
The two CIP projects that would be advanced under the proposed contract are
important City priorities. As such, they are expected to require significant staff
time that would be covered by the same CIP projects, as well as support by Nova
Partners. The staff involved would include the project manager in Public Works,
staff in Planning and Community Environment to support the environmental
review and ARB review tasks, as well as supporting staff throughout the City
organization.
Policy Implications
Authorization of this project does not represent a change in existing policies. A
new Public Safety Building was designated the top priority of the nine projects
established by the 2014 Council Infrastructure Plan. In addition, the following
policy statements in the Palo Alto Comprehensive Plan support the construction
of a new structure:
Policy C-22 Design and construct new community facilities to have flexible
functions to ensure adaptability to the changing needs of the
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PSB (PE-15001) Garage (PE-18000) Total
Phase 1: $1,701,404 $454,097 $2,155,501
Phase 2: $2,292,955 $418,314 $2,711,269
Phase 3: $1,176,297 $199,650 $1,375,947
Reimbursables: $74,125 $54,060 $128,185
Add. Services: $524,649 $112,441 $637,090
Total: $5,771,139 $1,236,854 $7,007,992
community.
Policy C-29 Strategically locate public facilities and parks to serve all
neighborhoods in the City.
The following policy statements in the Palo Alto Comprehensive Plan support the
construction of new parking supply in addition to Council direction to staff on
December 14, 2015:
Policy T‐45 Provide sufficient parking in the University Avenue/Downtown and
California Avenue business districts to address long range needs.
Policy T‐47 Protect resident areas from the parking impacts of nearby business
districts.
The policy implications involve discussion of the potential for increasing traffic in
the immediate vicinity of a new garage and balancing this against the benefits
(e.g. a reduction in the over‐flow parking in nearby residential neighborhoods and
convenient parking for area employees and visitors). This discussion is expected
when the Parking Garage options return to Council in March 2017 for further
direction to staff.
Environmental Review
RDC will complete an environmental assessment as outlined in the scope of work.
It is anticipated that the initial study will conclude that an Environmental Impact
Report or Mitigated Negative Declaration will be required for the project.
Attachments:
Attachment A: RDC-C17165953 Final Signed (PDF)
City of Palo Alto Page 7
DocuSign Envelope ID: A63DC2C9-56AB-4BCA-9D0E-69800F9213B6
CITY OF PALO ALTO CONTRACT NO. C17165953
AGREEMENT BETWEEN THE CITY OF PALO ALTO AND
ROSSDRULISCUSENBERYARCHITECTURE, INC. FOR PROFESSIONAL
SERVICES
12th This Agreement is entered into on this day of December, 2016,
(“Agreement”) by and between the CITY OF PALO ALTO, a California chartered
municipal corporation (“City”), and ROSSDRULISCUSENBERY ARCHITECTURE,
INC., a California corporation, located at 18294 Sonoma Highway, Sonoma, CA 95476
(“Consultant”).
RECITALS
The following recitals are a substantive portion of this Agreement.
A. City intends to construct a new Public Safety Building and a new Parking Garage
(“Project”) and desires to engage a consultant to provide professional design and
environmental 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.In reliance on these representations, City desires to engage Consultant to
provide professional services as more fully described in the Scope of Services set forth
in Exhibit “A,” (“Basic Services”) and any authorized additional services (collectively, the
“Services”), and in accordance with Schedule of Performance (“Schedule”) set forth in
Exhibit “B.”
NOW, THEREFORE, in consideration of the recitals, covenants, terms, and
conditions, in this Agreement, the parties agree:
AGREEMENT
SECTION 1. SCOPE OF SERVICES. Consultant will perform the Services described in
Exhibit “A” in accordance with the terms and conditions contained in this Agreement, to
the reasonable satisfaction of City.
Optional Incorporation of Proposal [This provision only applies if checked to
incorporate consultant’s proposal into this Agreement.]
Consultant’s proposal, dated (“Proposal”) is incorporated into and made part of
1
Attachment A
DocuSign Envelope ID: A63DC2C9-56AB-4BCA-9D0E-69800F9213B6
this Agreement, subject to the limitations of subsection 27.8, and excepting any and all
provisions in the Proposal which conflict with or are inconsistent with the provisions of
this Agreement, as determined by the City Manager.
Optional On-Call Provision [This provision only applies if checked and only
applies to on-call agreements.]
Services will be authorized by City, as needed, by a Task Order assigned and approved
by City’s designated Project Manager. Each Task Order will be in substantially the same
form the Professional Services Task Order form attached as Exhibit A-1. Each Task
Order will designate a City Project Manager and contain a specific scope of Services, a
specific schedule of performance and a specific compensation amount. The total price
of all Task Orders issued under this Agreement may not exceed the amount of
compensation set forth in Section 4, below. Consultant will only be compensated for
Services performed under an authorized Task Order. City may elect, but is not required,
to authorize Services up to the maximum compensation amount set forth in Section 4.
City is not obligated to issue any Task Orders under this Agreement.
SECTION 2. TERM.
[Option A - applies when the term ends on a specified, pre-determined date.]
The term of this Agreement (“Term”) begins on the date of its full execution and expires
on unless terminated earlier pursuant to Section 19 of this Agreement.
OR
[Option B - applies when the term ends upon completion of Services, the exact
date of which is not yet certain.]
The term of this Agreement (“Term”) begins on the date of its full execution and expires
upon satisfactory completion of the Services in accordance with the Schedule, but in no
event later than December 31, 2021 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 must complete the Services
within the Term and in accordance with the Schedule. Any Services for which times for
performance are not specified in this Agreement may be commenced and completed by
Consultant in a reasonably prompt and timely manner based upon the circumstances
and City’s direction to the Consultant. City’s agreement to extend or modify the Term or
the Schedule will not preclude recovery of damages for delay if the extension or
modification is required due to delay caused by the Consultant.
SECTION 4. COMPENSATION.
4.1 Basic Services. The compensation to be paid by City to Consultant for
performance of the Basic Services and reimbursable expenses may not exceed Six
Professional Services
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Million Three hundred Seventy Thousand Nine hundred two Dollars ($6,370,902).
Consultant agrees to complete all Basic Services, including reimbursable expenses,
within this amount.
4.2 Additional Services. Services in addition to the Basic Services
(“Additional Services”), if any, must be authorized in accordance with and subject to the
provisions of Exhibit “C,” entitled “Compensation.” In the event Additional Services are
authorized, the total compensation for Basic Services, Additional Services and
reimbursable expenses may not exceed Seven Million Seven Thousand Nine
Hundred Ninety Two Dollars ($7,007,992). Consultant will not be entitled to any
compensation for Additional Services performed without the prior written authorization
of City. Additional Services includes any Services that are determined by City to be
necessary for the proper completion of the Project, but which are not already
encompassed within the Basic Services described in Exhibit “A.”
4.3 Rate Schedule. The applicable rates and schedule of payment are set
forth in Exhibit “C-1”, entitled “Schedule of Rates” (“Rate Schedule”). Consultant is not
entitled to compensation for any Services performed or reimbursement for expenses
incurred to the extent that payment would result in a total exceeding the maximum
amount of compensation set forth herein.
Optional [for multi-year contracts]
4.4 Unexpended monies. At the sole discretion of the City, the not-to-
exceed compensation authorized in a contract year may include compensation
authorized and not expended in prior contract years.
SECTION 5. INVOICES. To request payment from City for Services performed,
Consultant must submit monthly invoices to the City describing the Services performed
and the applicable charges based on the Rate Schedule (including, for each day
Services were provided, the name and title of the individuals or subconsultants who
performed the Services, the hours worked, the hourly rates, and reimbursable
expenses). The invoice must clearly distinguish between Basic Services and Additional
Services, and must itemize all reimbursable expenses. The invoice must also describe
the percentage of completion of the Services or each Task Order, as applicable. The
information in Consultant’s invoices will be subject to verification by City. Consultant
must submit all invoices to the City’s Project manager (“Project Manager”) at the
address specified in Section 13, below. The City will process and pay all undisputed
amounts within thirty (30) days of receipt of an invoice submitted in compliance with this
Section 5.
SECTION 6. RESPONSIBILITY AND STANDARD OF CARE.
6.1 Responsibility. All of the Services must be performed by Consultant or
under Consultant’s supervision. Consultant represents that it possesses the
professional and technical personnel necessary to timely perform the Services required
by this Agreement and that Consultant’s personnel have sufficient skill and experience
Professional Services
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to perform the Services assigned to them. Consultant represents that it, its employees
and any subconsultants assigned to the Project, have and will maintain during the Term
of this Agreement all applicable licenses, permits, qualifications, insurance and
approvals of whatever nature that are legally required to perform the Services.
6.2 Standard of Care. All of the Services to be furnished by Consultant
under this Agreement must meet the professional standards applicable to professionals
in the same discipline and with similar knowledge and skill, who are engaged in related
Services in the San Francisco Bay Area under the same or similar circumstances.
SECTION 7. COMPLIANCE WITH LAWS. Consultant must keep itself informed of and
comply with all federal, state and local laws, ordinances, regulations, and orders
applicable to the Project, performance of the Services, or to any personnel or
subconsultants assigned to perform Services under this Agreement. Consultant must
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 AND OMISSIONS. Consultant is solely responsible for all costs
and damages, including, but not limited to, increases in the cost of Services, increased
Project costs, delay damages, or change order markup costs arising from or caused by
Consultant’s errors and omissions. Consultant is solely responsible for the costs to
correct such errors and omissions, and for any costs or damages caused by
Consultant’s unreasonable delay in correcting its errors and omissions.
SECTION 9. COST ESTIMATES. If this Agreement pertains to the design of a public
works project, Consultant must submit updated estimates of probable construction costs
at each phase of design submittal. If the total estimated construction cost at any
submittal phase exceeds ten percent (10%) of City’s stated construction budget,
Consultant must 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, Consultant, and any person employed by or contracted with
Consultant to provide Services under this Agreement, will provide such Services as an
independent contractor and not as an employee of City.
SECTION 11. ASSIGNMENT. Consultant’s expertise and experience is a material
inducement for City to enter into this Agreement. Consultant may 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.
Professional Services
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Option A: No Subcontractor: Consultant may not subcontract any portion of the
Services to a subconsultant without the prior written authorization of the City Manager
or his or her designee.
OR
Option B: Subcontracts Authorized: Notwithstanding Section 11 above, City
agrees that subconsultants may be used to complete the Services. This authorization
does not operate to create a contractual relationship between the City and any
subconsultant. The subconsultants authorized by City to provide Services for the Project
are:
WATRY DESIGN, INC. - Parking Consultants
MIG - Environmental Planners
WALTER P MOORE - Structural Engineers
WSP | Parsons Brinckerhoff - MEP/ IT / AV / Accoustics
WINBOURNE - Emergency Communications Consultant
CUMMING - Cost Consultants
GUIDEPOST SOLUTIONS - Low Voltage & Security Electronic Systems
SANDIS - Civil Engineers
INTERSTICE - Landscape Architects
HINMAN ENGINEERS - Threat assessment
Consultant must require its subconsultants to comply with all applicable provisions of
this Agreement, which must be attached to each subcontract. Consultant is solely
responsible for directing all subconsultants providing Services, and for any
compensation due to subconsultants. Consultant is fully responsible to City for all acts
and omissions of a subconsultant. Consultant may not change or add subconsultants
without the prior written approval of the City Manager or his or her designee.
SECTION 13. PROJECT MANAGEMENT.
13.1 Consultant will assign Michael B. Ross, AIA as the Design Principal
in Charge to have supervisory responsibility for the performance, progress, and
execution of the Services and Thomas R. Larson, AIA, LEED as the Project Manager to
represent Consultant during the day-to-day Services for the Project. If circumstances
require the substitution of the Project director or coordinator, or any other key personnel
for any reason, the appointment of a substitute Project director or coordinator and the
assignment of any new or replacement key personnel will be subject to the prior written
approval of the City’s Project Manager. At City’s request, Consultant must promptly
remove any personnel who City determines do not perform the Services in an
acceptable manner, are uncooperative, or who present a threat to the adequate or
timely completion of the Project or to the safety of persons or property.
13.2 City’s Project Manager is Matt Raschke, Public Works Department,
Engineering Division, 250 Hamilton Ave, Palo Alto, CA 94301, Telephone: 650-496-
5937. The Project Manager will be Consultant’s point of contact with respect to
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performance, progress and execution of the Services. City may designate an alternate
or substitute Project Manager without prior notification to Consultant.
SECTION 14. OWNERSHIP OF MATERIALS. All work product, including without
limitation, all writings, drawings, plans, reports, specifications, calculations, documents,
other materials and copyright interests developed under this Agreement are deemed
the exclusive property of City without restriction or limitation upon their use. Consultant
agrees that all copyrights which arise from creation of work product pursuant to this
Agreement will be vested in City, and Consultant waives and relinquishes all claims to
copyright or other intellectual property rights in favor of the City excepting for use of
project photos and diagrams for normal marketing and design award purposes on the
part of the Consultant, Consultant shall obtain prior written approval from the City for
any such use so that the City can ensure that no sensitive information is used for
marketing purposes. Neither Consultant nor its employees or subconsultants, if any,
may provide such work product 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 Services. “The City shall to greatest extent permitted by
law indemnify, defend and hold the Consultant harmless from and against any and all
claims, damages, liabilities, losses, costs and fees (including reasonable attorney fees)
arising from the use on unrelated other projects or from unauthorized modifications
made to the work product developed by the Consultant under this Agreement.”
SECTION 15. AUDITS. Consultant agrees to maintain and retain such records for at
least four (4) years after the expiration or earlier termination of this Agreement.
Consultant will permit City to audit, at any reasonable time during the term of this
Agreement and for four (4) years after expiration or termination of the Term,
Consultant’s records in any form or format pertaining to matters covered by this
Agreement.
SECTION 16. INDEMNITY.
[Option A applies to the following design professionals subject 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
attorney 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 subconsultants under this Agreement, regardless of
whether or not such liability for such Claims may have been caused in part by an
Indemnified Party.
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OR
[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, pertaining or in any manner related to performance or nonperformance by
Consultant, its officers, employees, agents or subconsultants under this Agreement,
regardless of whether or not such liability for such Claims may have been 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 liability for
Claims arising from the active negligence, sole negligence or willful misconduct of an
Indemnified Party
16.3. City’s acceptance of Consultant’s Services and duties will not
operate as a waiver of Consultant’s indemnity and defense obligations. The provisions
of this Section 16 survive the expiration or early termination of this Agreement.
SECTION 17. WAIVERS. 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 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, must obtain and maintain,
in full force and effect during the Term of this Agreement, the insurance coverage
described in Exhibit “D,” entitled “Insurance Requirements,” attached hereto and
incorporated herein. Consultant and its subconsultants, if any, must obtain and
maintain 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 subconsultants 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.
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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 City’s Purchasing Manager
thirty (30) days’ prior written notice of the cancellation or modification. If the insurer
cancels or modifies the insurance and provides less than thirty (30) days’ notice to
Consultant, Consultant shall provide the Purchasing Manager written notice of the
cancellation or modification within two (2) business days of the Consultant’s receipt of
such notice. Consultant shall be responsible for ensuring that current certificates
evidencing the insurance are provided to City’s Chief Procurement Officer during the
entire Term of this Agreement.
18.4. The procuring of such required policy or policies of insurance will
not be construed to limit Consultant’s liability hereunder nor to fulfill the indemnification
provisions of this Agreement. Notwithstanding the policy or policies of insurance,
Consultant will be obligated for the full and total amount of any damage, injury, or loss
caused by or directly arising as a result of the Services performed under this
Agreement, including such damage, injury, or loss arising after the Agreement is
terminated or the Term has expired.
SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES.
19.1. The City Manager may suspend the performance of the Services, in
whole or in part, or terminate this Agreement, with or without cause, by giving ten (10)
days prior written notice to Consultant. Upon receipt of such notice, Consultant will
must discontinue its performance of the Services, as specified in the notice of
suspension or termination.
19.2. Upon receipt of notice of suspension or termination, Consultant
must immediately deliver to the City Manager any and all work product and materials
including, but not limited to, all copies of studies, sketches, drawings, computations, and
other data, in any form or format, whether or not completed, which have been prepared
by Consultant or its subconsultants, or given to Consultant or its subconsultants, in
connection with this Agreement. Such work product and materials are deemed the
property of City.
19.4. Upon such suspension or termination by City, Consultant will be
paid for the Services satisfactorily rendered or materials delivered to City in accordance
with the scope of Services on or before the stated effective date of the suspension or
termination; provided, however, if this Agreement is suspended or terminated for cause,
which may include unsatisfactory performance or default by Consultant, City will
compensate Consultant only for that portion of Consultant’s services which have been
satisfactorily provided and which are of direct and immediate benefit to City as
determined by the City Manager acting in his or her sole discretion. The following
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Sections will survive any expiration or termination of this Agreement: 8, 14, 15, 16, 19.4,
20, 25 and 27.
19.5. No payment, partial payment, acceptance, or partial acceptance for
Services by City will operate as a waiver by City of any of its rights under this
Agreement.
SECTION 20. NOTICES. All notices under this Agreement 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 or Coordinator
at the address of Consultant
SECTION 21. CONFLICT OF INTEREST.
21.1. By entering into 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, subcontractors 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 will 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. Pursuant to Palo Alto Municipal Code section
2.30.510, Consultant certifies that in the performance of this Agreement, it will 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 or any other protected
classification. 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, and agrees to meet all requirements of
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Section 2.30.510 pertaining to nondiscrimination in employment.
SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO
WASTE REQUIREMENTS. Consultant must 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 must
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;
and second, reusing waste and third, recycling or composting waste. In particular,
Consultant must comply with the following zero waste requirements:
23.1. 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, must be double-sided and printed on a
minimum of 30% or greater post-consumer content paper, unless otherwise approved
by City’s Project Manager. Any submitted materials printed by a professional printing
company shall be a minimum of 30% or greater post-consumer material and printed
with vegetable based inks.
23.2. Goods of any type or nature purchased by Consultant on behalf of
City must 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 Department’s office.
SECTION 24. COMPLIANCE WITH PALO ALTO MINIMUM WAGE ORDINANCE.
Consultant must 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 must 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. In addition, Consultant must post notices
regarding the Citywide 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 City’s
Charter and its Municipal Code. Notwithstanding any other provision in this Agreement,
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.
SECTION 26. PREVAILING WAGES AND DIR REGISTRATION FOR PUBLIC
WORKS CONTRACTS
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26.1 This Project is not subject to prevailing wages. This Agreement is
not subject to prevailing wage requirements in the performance and implementation of
the Project if this Agreement is not a public works contract as defined under Labor Code
section 1720, et seq. and regulations promulgated thereunder, or if, pursuant to Labor
Code section 1782, the Agreement does not include a public works construction project
of more than $25,000, or a public works alteration, demolition, repair, or maintenance of
more than $15,000.
OR
26.1 This Project is subject to prevailing wage requirements, including
all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code,
including requirements pertaining to wages, working hours and workers’ compensation
insurance. The general prevailing wage requirements applicable to the City’s location
for each craft, classification, or type of worker needed to provide the Services, including
employer payments for health and welfare, pension, vacation, apprenticeship and
similar purposes, are on file at the City’s Purchasing Department’s office and available
online at http://www.dir.ca.gov/DLSR. Consultant must provide a copy of prevailing
wage rates to any staff or subconsultant, and must require compliance with the
prevailing wage requirements. Consultant must comply with all applicable sections of
the Labor Code pertaining to prevailing wages, including, but not limited to, Sections
1771.1, 1725.5, 1775, 1776, 1777.5, 1782, 1810, and 1813.
26.2 Consultant must comply with the requirements of Exhibit “E” for any
contract for public works construction, alteration, demolition, repair or maintenance.
26.3 Pursuant to Labor Code section 1725.5, Consultant and its
subconsultants or subcontractors must be registered with the California Department of
Industrial Relations (“DIR”) to perform public work. The Services provided pursuant to
this Agreement are subject to compliance monitoring and enforcement by the DIR
pursuant to Labor Code section 1771.4.
26.4 Pursuant to Labor Code section 1861, by entering into this
Agreement, Consultant certifies as follows: “I am aware of the provisions of Labor Code
section 3700 which require every employer to be insured against liability for workers’
compensation or to undertake self-insurance in accordance with the provisions of that
code, and I will comply with such provisions before commencing the performance of
public works services under this Agreement.”
SECTION 27. MISCELLANEOUS PROVISIONS.
27.1. This Agreement will be governed by the laws of the State of
California.
27.2. The state courts of California in the County of Santa Clara, State of
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California are the exclusive venue for any legal action arising from or related to this
Agreement.
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 is entitled to recover an amount equal
to the fair market value of legal services provided by its attorneys as well as any
attorneys’ fees paid to third parties.
27.4. This Agreement, including the exhibits hereto, represents the entire
and integrated agreement between the parties and supersedes all prior negotiations,
representations, and contracts, either written or oral. This Agreement may only be
amended by a written instrument signed by both 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 or attachments referred to in this Agreement and any
duly authorized Task Orders are incorporated into and made part of this Agreement.
27.8 In the event of any conflict or inconsistency between the terms of
this Agreement and the terms of any exhibits hereto or Consultant’s proposal (if any),
the Agreement shall control. In the case of any conflict or inconsistency between the
terms of the exhibits hereto and the terms of Consultant’s Proposal, the terms in the
exhibits shall control.
27.9 If, pursuant to this Agreement, City discloses to Consultant or
provides access to personal information as defined in California Civil Code section
1798.81.5(d) about any California resident (“Personal Information”), Consultant must
maintain reasonable and appropriate security procedures to protect the Personal
Information, and must inform City immediately upon learning that there has been a
breach in the security of the Personal Information or the system in which the Personal
Information is maintained. Consultant may 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 the party that each
represents.
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27.12 This Agreement may be signed in multiple counterparts,
shall, when executed by all the parties, constitute a single binding agreement.
which
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CONTRACT No. C17165953
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 ROSSDRULISCUSENBERY
ARCHITECTURE, INC.
City Manager (Contract over $85k)
Purchasing Manager (Contract over
$25k)
Contracts Administrator (Contract under
$25k)
Officer 1
By:
Name: Michael Ross
Title: CEO
APPROVED AS TO FORM:
Officer 2 (Required for Corp. or LLC)
By:
Name: Mallory Cusenbery
Title: Principal
City Attorney or designee
(Contract over $25k)
Contracts Administrator
(Checklist Approval)
Attachments:
EXHIBIT “A”:
EXHIBIT “B”:
EXHIBIT “C”:
EXHIBIT “C-1”:
EXHIBIT “D”:
SCOPE OF SERVICES
SCHEDULE OF PERFORMANCE
COMPENSATION
SCHEDULE OF RATES
INSURANCE REQUIREMENTS
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EXHIBIT A
SCOPE OF SERVICES
PUBLIC SAFETY BUILDING AND CALIFORNIA AVENUE PARKING GARAGE PROJECT
I. GENERAL INFORMATION
A. Project Summary.
1. Project Description and Purpose. The City of Palo Alto (“City”) intends to
construct a new approximately 45,500 SF, Public Safety Building (“PSB”)
combined with two levels of basement parking, to house the City’s Police
Department, 911 Emergency Dispatch Center, Emergency Operations Center,
Office of Emergency Services, Fire Department Administration, and other related
services. The new Public Safety Building and basement parking will be designed
to meet essential facility code requirements under the California Essential
Services Buildings Seismic Safety Act. In conjunction with the PSB Project, the
City intends to construct a new parking structure (“Parking Structure”) to provide
a minimum of 460 parking spaces and 4,700 square feet of commercial “warm
shell” retail space (interior commercial tenant improvements are excluded) in the
City’s California Avenue business district. This project, which includes two
separate structures—the Public Safety Building and the Parking Structure
(collectively, the “Project”)—is intended to address the City’s needs for housing
public safety operations and the need for public parking for the California Avenue
business district. The Parking Structure is a non- essential facility. To minimize
public parking impacts, the Parking Structure must be fully constructed before
construction may begin on the Public Safety Building.
2. Project Location. Both structures will be sited on Sherman Avenue on sites
that are currently in use as City-owned parking lots. The Public Safety Building is
to be constructed on City parking lot C-6 on Sherman Avenue between Park Blvd
and Birch Street (“Site A”). The Parking Structure is to be constructed on City
parking lot C-7 on Sherman Avenue between Birch Street and Ash Street (“Site
B”).
B. Summary of Basic Services.
1. Design Consultant Services. The design consultant services for the Project
(“Consultant Services”) include preparation of Preliminary Design, Schematic
Design, Design Development Documents, Construction Documents, assistance
with Bidding and Award, Construction Administration and Project Closeout
Services.
2. Environmental Consulting Services. For the Project, preparation of
environmental review and environmental document.
C. City’s Role. During the term of the Professional Services Agreement with
Consultant (“Agreement”), the following items will be the responsibilities of the City:
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1. The City’s Project Manager (as defined below, under II.A) or authorized
designee shall manage the Consultant’s performance under the Agreement.
Consultant shall receive final direction only from the Project Manager or his or
her authorized designee. The Project Manager shall resolve any conflicting
direction from other groups, departments or agencies.
2. City shall be responsible for scheduling all meetings between the Consultant
and other City departments including but not limited to: Utilities, Department of
Public Works, Fire Marshal, Arts Commission, City Building Official, Planning
Department, Traffic and Parking, ARB, Planning Commission and City Council.
3. The City shall provide evaluation, mitigation design and administration of work
for hazardous materials at each site and in the existing building. Removal of
hazardous materials will be bid and conducted as separate projects from the
Project. This hazardous material abatement work is not included in this
Agreement.
4. The City shall provide reviews and comment on what may be necessary to
complete design milestones, and/or approve completion of design milestones
and cost estimates. At the completion of each phase, the City shall, acting in its
sole discretion, provide written authorization to the Consultant to proceed to the
next phase, contingent upon satisfactory completion of the previous phase and
any required approvals, including, but not limited to, budget authorizations. Said
written authorization shall require the signature(s) of the City's Project Manager
or his/her authorized designee.
5. City shall provide record drawings of existing project facilities (when available).
6. City shall provide its standard front end template, in Microsoft Word format to
Consultant for review and comment.
7. City shall print and provide construction contractors with copies of bid
documents (including the front end documents and the final plans and
specifications for the Project).
8. City shall advertise and award construction contracts.
9. The City shall oversee and manage the artist selection process, City and artist
agreements, artwork approvals, budgets and schedule, and artwork installation.
Consultant’s Design Principal shall be included in the committee for identification
of the public art sites, coordination of the public art with the design of the Project
and selection of the public artists (s).
10. The City may prequalify general contractors and key subcontractors and limit
bidding to only those firms that have been deemed by the City to be qualified.
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City shall actively market the Project to general contractors and major trades to
increase likelihood of receiving competitive bids. The Project will consist of
developing two separate bid packages one each for the PSB and Parking
Structure. The Project delivery will be design/bid/build.
11. City shall identify, select and procure all equipment such as copy machines,
vending machines, computers, printers, and other miscellaneous office
equipment, etc., that is not included in the Project.
12. City shall provide the following basis of design studies, services, reports and
documents for the Consultant’s use; topographic survey, existing utility surveys,
geotechnical study and ongoing services through the construction phase,
transportation and parking study, arborist report, hazardous materials study and
abatement plan, cultural resource study and biological resources study.
13. The City shall identify stakeholders for the public outreach process, and
coordinate public meetings to be part of the Project implementation.
II. GENERAL REQUIREMENTS
The following general requirements apply to both the Consultant Services and the
Environmental Services (collectively, the “Services”). Requirements specific to
Consultant Services are provided in Part III, below. Requirements specific to the
Environmental Services are provided in Part IV, below.
A. Project Manager. The City’s Project Manager or authorized delegate (“Project
Manager”) will be the primary point of contact for the Consultant. The Project Manager
will monitor the Consultant’s performance.
B. Communications. The Consultant must maintain communications for all aspects of
delivery of the Services. Consultant must be in regular contact with the Project Manager
and must provide where reasonably possible same day responses to the City’s email
and telephonic requests. Consultant must be equally responsive to the sub-consultants
to ensure prompt and efficient delivery of coordinated Services.
C. Integrated Services. Time is of the essence for design and delivery of this Project.
The Consultant must at all times coordinate delivery of its Services to avoid delaying
progress on the Project. Consultant must ensure that it does not delay the Services
provided by the sub-consultants, and must coordinate schedules to avoid delay.
III. DESIGN PROFESSIONAL SERVICES
A. General Provisions. This Part III of the Scope of Services includes the
requirements for delivery of the Consultant Services for the Project. In general, this
includes design and preparation of code-compliant Project drawings and specifications
and construction administration up to and including Project close out. The Consultant
Services include the general provisions included in this subpart III.A, as well as the
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phase-specific requirements set forth in subparts III.B-G, which follow.
1. Design and Construction Administration. Consultant’s responsibilities
include, but are not limited to the following:
1.1 Preparation of conceptual design documents, schematic design
documents, design development documents, construction documents,
project manual specifications and permit package, estimates of probable
construction cost;
1.2 Management of the entire design process, including all design
professionals;
1.3 Providing construction administration services, from bidding through
close out, including coordination of systems’ commissioning;
1.4 Providing assistance with obtaining construction permits and bidding
process; and
1.5 Coordination of public art (per City’s municipal code requirements).
These design and construction administration services are to be provided by
qualified, licensed professionals, including, but not limited to the following
professions: civil engineer, structural engineer, mechanical engineer, electrical
engineer/lighting designer, landscape architect, architect, cost estimator, audio-
visual engineer, acoustic engineer, energy analysis engineer, commissioning
agent(s), signage designer, and other specialty sub-consultants as needed.
2. Budget and Cost Estimates. The Project must be designed and constructed
for a total cost not to exceed $67 million dollars, including all exterior and interior
improvements and associated site work improvements. The Consultant must
work closely with the Project Manager to assure that the total Project cost does
not exceed the Project budget. The Consultant must provide cost estimates at
each phase of design in a CSI format acceptable to the Project Manager. City
shall provide a third party independent cost estimate at each cost estimate
milestone for comparison with the Consultant’s cost estimate. Both estimates
shall utilize the same approved CSI format. Consultant must provide a single
Statement of Probable Cost at the following milestones: Preliminary Design,
Schematic Design, 100% Design Development, 60% Construction Documents,
95% Construction Documents and Final/100% Construction Documents. If an
estimate indicates that the Project costs may exceed the budget, the Consultant
will not be authorized to proceed to the next design phase until the estimate is
reconciled with the budget, the design is modified to meet the budget, or the City
agrees to adjust the budget accordingly.
3. Project Schedule. Within ten business days after the City and the
Consultant have fully executed the Agreement, Consultant must provide a
Project schedule, in a format acceptable to the Project Manager. The schedule
must show all Project development phases, including environmental review,
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design, construction and closeout for each building. The Project Schedule must
show that construction of the Parking Structure is completed before construction
begins on the Public Safety Building. The schedule should be prepared in
consultation with the sub-consultants to ensure integrated delivery of Services.
The schedule may provide for final development of the design documents for the
Public Safety Building to be completed during construction of the Parking
Structure. The Project schedule must be sufficiently detailed to allow the Project
Manager to monitor progress on Project design and construction. During the
design phase, Consultant must submit an updated Project schedule as part of its
deliverables for each design phase. During the construction administration
phase, the Consultant will provide monthly schedule updates comparing the
progress of the overall Project schedule with the construction schedules
independently prepared by the two contractors. Consultant must submit an
updated schedule on a monthly basis, concurrent with submission of its payment
applications.
4. Investigation and Review. The Consultant is responsible for thorough and
appropriate field investigation of the Project sites and for identifying existing
conditions that may affect design or construction of the Project. The Consultant
must review available documentation regarding site conditions.
5. Code Compliance. All design and construction must comply with the most
recent requirements (i.e., current at the time of submitting an application for a
building permit) of all applicable local, state, and federal codes and regulations,
including, but not limited to, the California Building Code 2016 (Part 2 of Title 24),
the regulations promulgated under Titles II and III of the Americans with
Disabilities Act (28 CFR Parts 35 and 36), the Americans with Disabilities Act
Design Standards (Appendix A of 28 CFR 36), and the Palo Alto Municipal Code.
The design for the Public Safety Building must meet all current requirements
required under the California Essential Services Buildings Seismic Safety Act,
including, but not limited to Title 24, Part 1 of the California Building Standards
Administrative Code, Chapter 4, Articles 1 through 3.
6. Green Building Requirements. The City intends that the Public Safety
Building and Parking Structure are designed and built in conformance with the
City’s Green Building Policy, which currently requires LEED Silver or higher. At
50% Schematic Design the City shall determine if the Project will be registered
with the United States Green Building Council as a LEED Silver project. As part
of the process, City wishes to evaluate what would be required to bring the
Project to LEED Gold or Platinum. The City’s Green Building Policy is currently
under review and the Project will be required to comply with the applicable Green
Building requirements in effect during design development. Consultant is
responsible for designing the Project to comply with the applicable Green
Building Policy Requirements (“Green Building Requirements”), including, but not
limited to, providing qualified project management and submission of all required
documentation. Information regarding the City’s Green Building Policy may be
accessed via the City’s website at:
http://www.cityofpaloalto.org/gov/depts/ds/green_building/green_building_in_palo
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_alto.asp
7. Architectural Review Board. Consultant is required to participate in and
comply with the City’s Architectural Review Board (“ARB”) process for final
approval of the design of the Project. Notwithstanding the separate construction
time frames for the Parking Structure and the Public Safety Building, the
preliminary plans for each building must be submitted together for simultaneous
review and approval by the ARB.
7.1 The ARB is charged with design review of all new construction,
consistent with its objectives, which include:
Promote orderly and harmonious development of the City;
Enhance the desirability of residence or investment in the City;
Encourage the attainment of the most desirable use of land and
improvements;
Enhance the desirability of living conditions upon the immediate
site or in adjacent areas; and
Promote visual environments which are of high aesthetic quality
and variety and which, at the same time, are considerate of each
other.
7.2 Consultant must become familiar with the ARB process and be
prepared to provide all materials for both the informal and formal
submissions. The required entitlements needed from the Planning and
Community Environment Department are conditions of approval and ARB
design review for the new Public Safety Building and Parking Structure.
The Consultant will be required to attend multiple ARB study sessions and
will also be required to make formal presentations to the Board as
required to complete the ARB process. The Design Development phase of
the Project (addressed below, in subpart D) will not be considered
completed until formal ARB approvals are obtained.
8. Meetings and Presentations. Consultant will be responsible for leading
communications at design meetings, various public meetings, and meetings with
outside stakeholders, including community meetings. The design meetings will
include a minimum of 4 to 5 public meetings and information presentations to
City departments, community groups, and neighbors.
8.1 In addition to meetings with or presentations to the ARB,
presentations to the Palo Alto City Council will also be required.
Participation for the Project will include presentations to and meetings with
other City boards and commissions to solicit feedback and comments on
the progress of the design(s). Other meetings may also include City Fire
Department and Building Department, technical-planning meetings,
technical-building meetings, technical-Police meetings, technical-Fire
meetings, technical-Emergency Operations meetings, technical-
technology meetings, traffic meetings, reviewing agencies meetings,
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Design Review Committee, and other meetings reasonably required.
8.2 Consultant must attend meetings with the Project Manager and key
City staff people at each stage of design.
8.3 Most meetings will be held at Palo Alto City Hall, 250 Hamilton Ave,
Palo Alto, CA 94301. Community meetings may include interactive design
workshops for some aspects of the Project, particularly site design.
8.4 Consultant’s duties will include coordinating meeting logistics,
preparing invitations to meetings and meeting minutes, and follow up on
action items. Project meetings with the Project Manager and key City staff
people will be held, regularly throughout the Project design and
construction process. Meetings may be in person or through
teleconference depending on meeting topics. The sub-consultants will be
required to attend such meetings as needed. Consultant shall schedule
coordination meetings, including the key sub-consultants on a consistent
basis throughout the Project, but particularly early in the design phase to
ensure an integrated and informed design.
9. Plans and Specifications. For design-bid-build project delivery, the
Consultant must provide full construction plans and specifications for the Project,
including, but not limited to:
Architecture and interior design, including, applicable, acoustical design
services, special equipment design and installation, and finishes, furniture
and equipment (“FF&E”) design, selection and management;
Structural, civil, mechanical, electrical and plumbing engineering;
Fire protection system design to 90% CD level;
Complete telecommunication system distributions;
Waterproofing
All building low-voltage systems;
Security system design;
Coordination of building specialty systems
Landscape architecture;
Demolition plan development; and
Building signage, including code, interior and exterior wayfinding,
monument sign and exterior signage.
Parking guidance system
Photovoltaic systems
Acoustic engineering
Threat assessment
Blast resistant design (optional additional service)
Technical systems programming
Commissioning
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10. Communication Networks (optional additional service). The Public Safety
Building will include a wide range of telecommunications infrastructure, including
land mobile radio, landline fiber optic, data network cabling, wireless cellular
telephony, wireless data, microwave, and satellite connectivity. Lines-of-sight
geometries need to be considered in the placement of certain antennas and
transceivers. Additionally, some public safety communications infrastructure will
continue to exist at remote sites, including regional systems that are shared
among other government agencies. Thus, robust and resilient site and intra-
system connectivity will also be required, as will other protective measures, such
as back-up power. The City operates a number of public safety applications and
systems in partnership with the neighboring communities of Mountain View and
Los Altos and a shared trunked radio system with Santa Clara County
municipalities and agencies. Connectivity over both primary and redundant
networks is a critical consideration in the design of the Public Safety Building.
The City will inform the Consultant during Preliminary Design if design of these
systems will be authorized through an additional service authorization or
amendment to the Agreement. If design of these systems is authorized, the City
will inform Consultant whether all or part of these systems will be included in the
Agreement or if the procurement of these systems will be under separate
contract administered by the City.
11. Coordination. Consultant will be required to work with and coordinate
design efforts with other firms that are under separate contracts with the City,
including, but not limited to, hazardous materials, the transportation impact,
surveyor, geotechnical, and arborist, and to coordinate with the City and other
parties as needed to minimize adverse impacts during construction, including
vehicular, bicycle and pedestrian traffic and access, and impacts to normal
residential and commercial uses in the surrounding areas. For the purpose of this
Agreement the services provided by the City’s Hazardous Materials Consultant
during the design phase shall include: Investigation, borings, analysis, testing,
assessment report, preparation of abatement specifications, including as
required; material removal and disposal, dewatering and disposal, encapsulation,
barrier and venting requirements, testing and monitoring protocols, cost
estimation, provision of response to bid questions, and assessment of bid
proposals. Hazardous Materials Consultant construction phase services shall
include: on site observation, material sampling and testing, monitoring
equipment, material and air sampling, post construction monitoring and
certification process.
The City reserves the right to enter into separate contracts with other firms or
contractors supplying specialized services, use qualified City staff to provide
services, or direct the integration of qualified additional sub-consultants into the
Services.
B. Preliminary Design Phase Scope of Work
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1. Scope Verification. Consultant shall meet with the City to verify the scope, schedule
and budget.
2. Project Kick off Meeting. The Project will begin with a Project kick off meeting
where all Project stakeholders and user group representatives are introduced and
scope, schedule, budget and approvals discussed and agreed to. User group
program verification meetings (Item 4.) will be scheduled.
3. Data Gathering, Review & Evaluation. Consultant will review all previously
prepared Project documents, studies, design drawings and existing site plans.
4. Program and Design Verification Meetings. Consultant will participate in and
conduct meetings with all Project stakeholders to verify the program with each user
group and ensure all previously established and required building services are
incorporated into the final PSB design. Consultant shall review all existing
requirements, approvals and conditions relevant to Project, including evaluation of
existing site conditions. Consultant shall provide final programming documents for
the Public Safety Building and Parking Structure.
5. City Project Meetings. Consultant shall meet with the Project Manager, Department
of Public Works (“DPW”), the Building Department, Utilities Department, Planning
Department and Traffic and Parking Divisions to discuss the status of the Project
and Project objectives.
6. Communication Network, 911 Communications and Radio Systems Program
Meetings. Consultant and its communications consultant shall meet with
representatives of the City and the Palo Alto PD to establish the scope and
technology requirements of the 911 Dispatch Center and radio communication
systems.
7. Risk Assessment. Consultant shall prepare a risk assessment for the PSB which
identifies potential threats and risks, balances those risks with the budget and makes
recommendations for the architectural, site, physical and electronic security
measures or strategies to address potential vulnerabilities.
8. Structural Systems and Base Isolation Systems Study for PSB. Consultant shall
provide design options and estimated budget for structural systems and base
isolation systems for the PSB. The City’s decision regarding base isolation or
relative structural hardening of the building will be finalized at 100% Preliminary
Design.
9. Green Building Design Workshop. Consultant shall lead an “all hands” Green
Building design workshop identifying strategies to achieve LEED Silver or higher
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certification and meet the City’s Green Building Policies and energy conservation
initiatives.
10. Public Safety Building Conceptual Design. Consultant shall prepare design
concept and space plan drawings refining and depicting the PSB. These drawings
will be used as the basis of the CEQA review process. The preliminary PSB design
concept drawings will also be used in preliminary presentation meetings including
those with all Project stakeholders, initial community outreach meetings and
California Avenue Merchant Association meetings.
11. Public Safety Building Conceptual Design ROM Cost Estimate. Consultant shall
prepare rough order of magnitude (“ROM”) construction cost estimate for the Project
prior to proceeding with the Schematic Design phase. This will allow the City early
on to update or adjust the scope if needed to better align with the budget.
12. Parking Structure Conceptual Design. Consultant shall prepare design concept
and space plan drawings refining and depicting the Parking Structure. Two
additional parking structure concepts will also be prepared for review by city staff,
ARB and the City Council prior to proceeding to Schematic Design Phase for the
Parking Structure. At a minimum, these additional Parking Structure concepts must
indicate how additional parking beyond 460 stalls might be achieved and
demonstrate the building massing impacts and proposed floor plan layouts, code
exceptions needed, and other elements to assist in the final Council approval of the
Parking Structure design concept. The preliminary garage design concept drawings
shall include a minimum of 460 parking spaces and integrate commercial spaces
along Birch Street. The concept drawings will be used in preliminary presentation
meetings including those with all Project stakeholders, initial community outreach
meetings and California Avenue Merchant Association meetings. The preliminary
design concept drawings will also be used as the basis of the CEQA review process.
13. Parking Structure Conceptual Design ROM Cost Estimate. Consultant shall
provide a ROM construction cost estimate for the Parking Structure prior to
proceeding with the Schematic Design phase.
14. Planning Commission & ARB Study Sessions. The design of the PSB and the
Parking Structure will be coordinated and related. The Consultant shall attend study
sessions with the Planning Commission and ARB to discuss the preliminary design
concepts and receive input. Design modifications if requested will be made per
direction of the Planning Commission and ARB.
15. Public Arts Commission. Consultant will meet with the Palo Alto Public Art
Commission to discuss the Project and coordinate public art concepts.
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16. City Council Meeting. Consultant will attend the City Council meeting and present
the preliminary design concept for the PSB and Parking Structure. Design
modifications if requested will be made per direction of the City Council.
C. Schematic Design Phase. This phase involves the Consultant working with the
City to refine the conceptual design and space plans developed and approved during
the Preliminary Design Phase.
1. Schematic Design Documents. Upon receipt of a Letter of Authorization
issued by the City, the Consultant shall proceed with the Schematic Design
Phase. The Consultant will develop schematic design drawings and documents
based on Project concepts developed during the Preliminary Design Phase. The
schematic design documents developed during this phase should include
preliminary drawings showing the Project’s basic components, scale and
location.
The schematic design documents must include, to the extent applicable:
conceptual plans of the sites and improvements; preliminary sections and
elevations; approximate areas, volumes, and dimensions; and preliminary
selections of materials and systems. The Schematic Design Package must be
completed at the end of the Schematic Design Phase and will be used for City
sign offs and general cost estimating purposes.
2. Specific Elements. The schematic designs for the Project shall include the
following specific elements:
2.1 Emergency service routes, including possible tunnel connecting the
Public Safety Building basement with the basement level of the parking
structure or the addition of a second exit ramp on the Public Safety
Building site to provide the required secondary exit from the Public Safety
Building basement;
2.2 Employee and visitor parking;
2.3 Public and disabled persons access;
2.4 Temporary facilities and construction logistics; and
2.5 Address building separation concerns.
3. Deliverables. Consultant shall prepare for City’s approval a Schematic
Design Package that includes:
3.1 Plans in partial 3-D modeled format, suitable for serving as base
drawings for design development;
3.2 Site plans and floor plans;
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3.3 Exterior elevations as applicable;
3.4 Schematic building and site sections;
3.5 Outline specifications;
3.6 Code Analysis
3.7 Updated compliance with Green Building Requirements, consistent
with the outline specifications;
3.8 Updated cost estimates; and
3.9 Updated Project schedule
3.10 LEED Registration of Project
D. Design Development Phase. This phase involves further refinement of the
Schematic Design Package developed in the preceding phase. Design Development
Services shall be documented in 3D Building Information Model (“BIM”) Revit format
serving as base drawings for Construction Documents.
1. Design Development Documents. When directed by the City following
approval of the Schematic Design Package, Consultant shall begin the Design
Development phase, which includes developing design documents that further
define the Project, including drawings and outline specifications fixing and
describing the size, character and site relationships of major Project components.
Consultant must coordinate with sub-consultants as needed to develop designs
for all building systems, including civil, structural, mechanical, plumbing
(including sanitary sewer connections), electrical, lighting, fire protection,
security, emergency communications, telecom, audio visual, acoustics, and all
site improvements and landscaping. Structural analysis completed in the
schematic design phase shall be further developed, including base isolation as
an option for seismic survivability of this essential services building. Site
improvements and landscaping must anticipate full compliance with C.3 storm
water treatment regulations.
2. Coordination. Consultant shall coordinate and meet with the Project
Manager and key City staff people, as needed, for preparation of the Design
Development Documents, including Public Works Engineering, Fire, Office of
Emergency Services, Police, and Information Technology.
3. Phased Review. Consultant shall submit the Design Development
documents for preliminary City review at 50% completion. Consultant must then
refine the Design Development documents based on City’s comments and
further direction.
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4. Green Building Design. Consultant shall verify and develop Green Building
Design strategies from the Green Building Design Workshop. Consultant shall
complete the “Basis of Design” (BOD) report in the Design Development phase
to achieve LEED Silver or higher certification and meet the City’s Green Building
Policies and energy conservation initiatives.
5. Deliverables. Consultant’s submissions during Design Development include
the following:
5.1 Preliminary Design Development Package (50%), including a top level
drawing package provided with plans and written systems descriptions to
outline the final drawing package. The outline specifications should be
complete and include a comprehensive description, both in written and
plan drawing form, for the structural, mechanical and electrical designs.
5.2 Completed Design Development Package (100%), incorporating the
City’s comments and directions following review of the 50% documents
must be submitted for final review. The completed Design Development
package shall include but not limited to:
a. Plans in Revit modeled format;
b. Site plans and floor plans for all major disciplines, including site
demolition plans;
c. Interior and exterior elevations; Including showing preliminary control
locations;
d. Exterior wall sections;
e. Equipment schedules for all major disciplines; Including single-line
diagrams;
f. Preliminary furniture layout;
g. Proposed finishes;
h. Specifications;
i. Preliminary signage design and layout;
j. Updated documentation for Green Building Requirements;
k. Documentation showing the status of electronic submittals to United
States Green Building Council (“USGBC”), if applicable under the
Green Building Requirements, including Basis of Design report;
l. Updated cost estimates, including value engineering, if necessary;
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m. Updated Project schedule;
n. Design of specialty systems;
o. Design of security systems;
p. Acoustical analysis report; and
q. Parking structure guidance system and wayfinding.
E. Permit Set and Construction Documents. This design phase will refine the City-
approved Design Development package into final Project plans and specifications for
permit issuance, and for bidding.
1. Final Design Documents. Consultant shall provide completed Project
drawings and technical specifications to staff for review and approval at the final
design completion stage and for final review and sign off at the bid set design
stage. The final plans and specifications must be suitable for construction,
including structural, M/E/P systems (including new sanitary sewer), electrical, site
improvements, landscaping, storm drains, and finishes. Final drawings shall be
suitable for review by the Building Inspection Division and for sign off by the City.
The Construction Documents Package must include drawings and technical
specifications from all disciplines, executed to a level of detail for open public
bidding. They shall include overlays of equipment systems, including specialty
systems and furniture layout.
2. Development and Review Stages. The final permit and construction
documents will be developed and reviewed in three stages, as follows. At each
stage Consultant must incorporate directions from the City provided at the
conclusion of the preceding stage, and must update the estimated cost of
construction.
2.1 Consultant shall prepare and submit a 60% complete Construction
Documents Package to the City based on comments received from the City’s
review of the 100% Design Development submittal.
2.2 Consultant shall prepare and submit a 95% complete Construction
Documents Package to the City based on comments received from the City’s
review of the 60% Construction Documents submittal. The Building
Department plan check set shall be considered the 95% Construction
Documents and shall be provided to the City for review and comment during
the permitting process.
2.3 Final 100% complete Construction Documents shall be prepared based
on feedback provided at the 95% review and the permit review. These 100%
documents will be used as the Construction Documents to be issued for bid
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to procure the construction contract(s). All exhibits, drawings, reports, data,
renderings, elevations, and other materials required to support applications
for regulatory entitlements, permits, and approvals should be completed and
submitted.
3. Permit Process. Consultant shall assist Project Manager to obtain a building
permit by furnishing all the necessary drawings and calculations and working with
the Planning Department, Building Inspection Division, and Fire Marshal as
required. Consultant will be responsible for all services, exhibits and applications
required to obtain all necessary permits or approvals known at the time the
services are rendered. Consultant will be responsible for obtaining all necessary
design stage permits and approvals. City will pay permit and application fees.
Anticipated permits include, but are not limited to the City Building Department,
California Regional Water Quality Control Board, Santa Clara Valley Water
District, City Utilities, and City Fire Department.
4. Deliverables. Consultant shall submit three (3) sets of plan check drawings
and specifications during Construction Documents Phase. Upon completion of
the final design the Consultant will submit two (2) hard copies of specifications
and calculations, one (1) copy of the electronic version (using Microsoft Word
format) of the specifications on a compact disk or flash drive, three (3) sets of
drawings for stakeholders use, complete set of drawing on compact disk or flash
drive in PDF and AutoCAD formats, and three (3) wet stamped drawings to the
City Building Department. Specifications will include the front end template
provided by the City. Only applicable information shall be included in the
Specifications.
4.1 Updated documents for the Green Building Requirements must be
included.
4.2 Documentation showing the status of electronic submittals to USGBC, if
applicable.
4.3 FF&E bid documents which will be issued as a separate procurement(s).
4.4 Separate signage bid documents package
F. Project Bidding and Award. Consultant will participate in the general contractor
procurement process which, for the Public Safety Building and potentially for the
Parking Structure as well, will be a design-bid-build delivery model with a pre-
qualification component. Consultant shall assist the City during the bid solicitation
process. Consultant shall provide bid phase services, as requested by the City, through
award of the construction contract(s). Services include assistance in response to
bidders’ inquiries, preparation of addenda, and attendance at pre-qualification and pre-
bid meeting.
G. Construction Administration and Project Closeout. Consultant must provide
construction administration phase services commencing from the award of the
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construction contract for each structure. Construction administration services include,
but are not limited to, the following.
1. Identify and list the submittals to be made by the general contractor and its
subcontractors and provide review and assistance to the general contractor as
needed.
2. Review and approve all submittals including submittal from subcontractors
within (12) calendar days.
3. Promptly respond to requests for information (“RFIs”) within (7) calendar days,
clarify plans and specifications, and maintain an RFI log.
4. Issue ASIs within (7) calendar days if ASIs are needed.
5. Review/respond to change orders within (7) calendar days of receipt.
6. Attend weekly Project meetings and be available on site for a minimum of two
days per week for the PSB and one day per week for the Parking Structure.
7. Maintain updated LEED documentation for Green Building Requirements and
monitor the status of electronic submittals to USGBC.
8. Issue monthly field observation reports documenting the progress of work.
9. Punch list inspection and re-inspection, as needed
10. Provide post occupancy inspections, warranty support, and correction of
defects administration.
11. Attend all pre-construction meetings and weekly construction meetings.
12. Record Drawings. Upon completion of the Project, and after acceptance by
the City, the Consultant shall submit to the City one (1) complete set of record
drawings reflecting all as-built conditions as prepared and provided by the
general contractor. A complete set of record drawings shall also be submitted to
the Project Manager in AutoCAD and PDF electronic formats.
IV. ENVIRONMENTAL CONSULTING SERVICES
A. General Provisions. This Part IV of the Scope of Services includes the
requirements for delivery of Environmental Services for the Project. In general, this
includes conducting and coordinating complete environmental review the Project in
compliance with CEQA, preparation of the required environmental review documents –
most likely an Environmental Impact Report (“EIR”) – and participating in meetings and
public hearings. This scope of services assumes that an EIR will be required for the
Project. If it is later determined that an EIR is not required, this scope of services will be
modified accordingly, e.g., to include preparation of a mitigated negative declaration.
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The Environmental Services includes all components required to initiate and complete
full environmental review and preparation of an EIR for the Project including the Notice
of Preparation (“NOP”), scoping meeting, staff meetings, performing all the necessary
impact analysis for the EIR, including a climate change analysis, providing draft and
final documents, responses to comments, mitigation monitoring report, attending public
hearings including ARB approval. Formal approval by the ARB will be required prior to
the final Certification of the EIR. Based on a preliminary review, the anticipated
significant impacts for this Project are related to parking, traffic, and aesthetics. Critical
analysis of parking and circulation is needed in additional to other environmental impact
studies. The Project site is located in a commercial setting with newly constructed
housing nearby which requires a sensitive design approach for compatibility. The
aesthetic quality of the proposed structures and exterior improvements is a critical
component of the Project. The EIR shall be comprehensive yet easily understood. It will
clearly explain CEQA findings to the general public, City staff, agencies, and decision
makers. The EIR will make the direct and subtle connections between planning, design,
and environmental effects, regulations, and mitigations.
1. Agency Coordination. The Consultant must meet and confer with all other
appropriate local, regional, state and federal agencies as necessary to identify
and address concerns and comments. This includes all coordination with the
California State Office of Planning and Research regarding all notices and
information related to the CEQA EIR process.
2. Coordination. The Consultant will be required to work with and coordinate
CEQA efforts with other firms that are under separate contracts with the City,
including, but not limited to, the transportation impact (including parking),
hazardous materials, surveyor, geotechnical, and arborist consultants and to
coordinate with the City and other parties as needed to minimize adverse
impacts during construction, including vehicular, bicycle and pedestrian traffic
and access, and impacts to normal residential and commercial uses in the
surrounding areas. The City reserves the right to enter into separate contracts
with other firms or contractors supplying specialized services, use qualified City
staff to provide services, or direct the integration of qualified additional sub-
consultants into the Services.
3. Outreach & Meetings. The Consultant must prepare materials as necessary,
facilitate as necessary and attend community workshops, meetings and public
hearings. This includes preparation of notices and displays, and responding to
comments. The Consultant shall plan and budget for sufficient meetings with City
staff to accomplish all tasks with full consultation and review, including a
minimum of (7) meetings with staff. In addition to the public scoping session, the
Consultant should budget for (4) presentations at public meetings (two for the
Planning and Transportation Commission and two for the City Council). The
Consultant should closely coordinate with the sub-consultants as needed for
these meetings.
B. Initial Study. Consultant must conduct preliminary analysis of the proposed Project
and Project site and conduct an initial study in compliance with the CEQA Guidelines
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(14 CCR §15000, et seq.). Consultant will prepare a draft initial study and City staff will
determine the need for any revisions to the draft initial study. Development of the initial
study scope of work is described in the following Section D. Detailed CEQA Scope of
Services, Task 4.
C. Environmental Topics. The following environmental topics will be evaluated, each
in its own EIR chapter. Consistent with the explanation above, the environmental
evaluation will describe (1) impacts that can be avoided or reduced to a less-than-
significant level through implementation of uniformly applicable development policies,
standards, or regulations (“standard regulations”); and (2) impacts that require project-
specific mitigation.
1. Aesthetics (project-specific mitigation based on Architectural Review Board
conclusions). Consultant will evaluate the proposed Project for conformance with
City of Palo Alto adopted design standards and guidelines. The conclusions of the
ARB, and any subsequent design refinements, will be described. Consultant will
evaluate the Project plans, including before-and-after visual simulations, to
determine whether the Project would obstruct views of scenic resources, degrade
the visual environment, or create a new source of light and glare.
2. Air Quality (project-specific mitigation based on BAAQMD CEQA Guidelines).
The air quality analysis will evaluate whether Project construction and operation
would have the potential to result in significant air quality impacts. The analysis will
evaluate the Project’s consistency with the Bay Area Air Quality Management
District’s (BAAQMD’s) 2010 Clean Air Plan and the significance of the amount of
pollutants that would be generated by Project construction and operation.
The proposed PSB’s gross building square footage is below the BAAQMD
construction screening size criteria for a government civic center land use (277,000
square feet). However, if the Project involves extensive material transport (more
than 10,000 cubic yards) associated with building demolition and potential grading, a
detailed construction emissions assessment will be required. In addition, Project
construction emissions may generate pollutant concentrations at residential
receptors located in close proximity (within 500 feet) of the Project work areas. The
construction emissions assessment would use methodologies recommended by or
consistent with the most recent guidelines available from the BAAQMD (2011), and
would include:
a) Use of the California Emissions Estimator Model (CalEEMod) to quantify the
mass amount of pollutants, including fugitive dust, produced by Project
construction. Depending on the amount of pollutants that could be emitted by the
Project, the California Air Resources Board’s (CARB’s) latest EMFAC and
OFFROAD models may be used to refine CalEEMod emissions estimates. These
CARB models contain more detailed information on the type, operating modes,
and emissions associated with on-road and off-road vehicles and equipment.
b) Use of the American Meteorological Society’s / U.S. EPA’s Regulatory Model
(AERMOD) to quantify pollutant dispersion and resulting pollutant concentrations
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at sensitive receptor locations. Modeled pollutant concentrations will be used to
calculate carcinogenic and non-carcinogenic health risks from Project emissions.
3. Biological Resources (standard regulations based on City tree preservation
regulations). The findings of the Tree Survey Report (David L. Babby, March 17,
2016) will be summarized and applicable tree preservation/replacement regulations
explained.
4. Cultural Resources (mitigation based on CEQA Guidelines section 15064.5).
Potential cultural resource (archaeological and paleontological) impacts and
mitigations will be described, based on CEQA Guidelines section 15064.5
(Determining the Significance of Impacts to Archaeological and Historical
Resources).
5. Energy Conservation (standard regulations). This EIR chapter will be prepared
pursuant to the 2014 court decision in California Clean Energy Committee v. City of
Woodland. The analysis will describe existing energy supplies, regional patterns of
energy use, and Project energy requirements. In accordance with CEQA section
21100(b)(3) and Guidelines Appendix F (Energy Conservation), the analysis will
discuss the potential energy impacts of the proposed Project, with emphasis on
avoiding or reducing inefficient, wasteful, and unnecessary consumption of energy.
6. Geology and Soils (project-specific mitigation based on geotechnical report).
Consultant will base analysis of geology and soils on the geotechnical report
prepared by Romig Engineers, Inc. (May 2016). Based on this report, the primary
geotechnical concerns for the proposed Project are: (1) the need for temporary
shoring of the basement excavations; (2) the likelihood that ground water will be
present above the depth of the basement excavations, requiring dewatering; (3) the
need to design and waterproof the floors and walls of the basement and access
tunnel; and (4) the likelihood of severe ground shaking during a major earthquake.
The Romig report’s site-specific mitigation recommendations will be described.
7. Greenhouse Gas Emissions (standard regulations based on BAAQMD CEQA
Guidelines and City Policy). The climate change analysis will describe the existing
regional and local greenhouse gas conditions; documented, potential climate-
induced changes in the Project vicinity; and the GHG regulations applicable to the
Project, including the Palo Alto General Plan, Sustainability and Climate Action Plan,
and other City policies intended to reduce the Project’s GHG emissions and impacts
related to climate change, including sea level rise.
8. Greenhouse Gas Assessment. The proposed PSB’s gross building square footage
is above BAAQMD operational screening size criteria for a government civic center
(27,000 square feet) and therefore requires a detailed GHG assessment. This
assessment will quantify the net increase in GHG emissions that would result from
the Project (i.e., the incremental increase in emissions above that generated without
the Project). Existing and Project GHG emissions will be estimated using CalEEMod
and utility usage data provided by the City. The Project’s GHG emissions will be
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evaluated for consistency with the goals of the City’s Sustainability and Climate
Action Plan, and other regulations adopted for the purposes of reducing GHGs.
9. Hazards and Hazardous Materials (project-specific mitigation based on Phase I
ESA and subsequent investigations). Consultant will base its initial analysis of
hazardous materials on the Phase I Environmental Site Assessment (ESA) prepared
by Northgate Environmental Management, Inc. (April 22, 2016). Based on the report,
groundwater contamination associated with a Superfund plume, and also potentially
with a nearby former gas station, may have migrated beneath the Project site.
Although the plume and the gas station site are being remediated, volatile organic
compounds (VOCs) present in the groundwater could potentially impact future
construction of the underground parking structures, and could potentially impact
indoor air quality in the buildings. The ESA recommends on-site investigations
related to groundwater quality and vapor intrusion, and subsequent preparation of
Site Management Plans. This EIR scope assumes that the necessary work to
complete the hazardous materials investigations will be completed by a firm under
separate contract to the City; Consultant will integrate this subsequent work into the
EIR.
10. Hydrology and Water Quality (standard regulations). The EIR will describe the
standard City and agency regulations for ensuring that: (1) the Project is protected
from flooding and (2) the Project does not result in water quality impacts during
construction and operation (including NPDES and C3 requirements). According to
the FEMA Flood Insurance Rate Map (Effective Date May 18, 2009), the Project site
is located in Other Flood Areas/ Zone X, which means there is a 1% annual
probability of a flood creating an average water depth of 1 foot. Also, Project
development could adversely affect water quality by increasing both soil erosion and
the overall discharge of urban pollutants into local surface waters. Water quality will
be examined for both construction and operation, emphasizing the erosion and
sedimentation control regulations of the National Pollution Discharge Elimination
System (NPDES), as administered by the Regional Water Quality Control Board and
implemented by the City of Palo Alto under its Phase II NPDES Storm Water
Management Plan.
11. Land Use and Planning (project-specific mitigation). The proposed Project will
be evaluated for its conformance with City of Palo Alto zoning regulations and
General Plan policies. For example, the proposed PSB design will not require
variances from zoning regulations, but variances will be required for the parking
structure options (Site Evaluation Study, December 14, 2015).
12. Noise (project-specific mitigation). This assessment will describe the existing
noise and vibration environment in the Project vicinity and applicable City of Palo
Alto noise regulations, including General Plan policies related to noise. Consultant
will conduct short- (hourly) and long-term (24-hour) noise monitoring at up to two
noise monitoring locations to adequately describe the existing noise environment in
the Project vicinity and evaluate Project compatibility with existing noise levels.
Given the proposed construction activities and the land uses surrounding the Project
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site, it is expected that demolition and building construction activities could result in a
temporary and periodic increase in noise levels above ambient conditions (noise
generation). The EIR will identify typical construction equipment sound levels,
quantify peak and typical construction activity noise levels, and, if necessary, identify
best management practices or mitigation measures consistent with those contained
in City plans, policies, and regulations (e.g., restricted work hours) which would
reduce the magnitude of potential construction noise impacts to a less-than-
significant level.
13. Noise Generation. The Project does not involve the construction of a new, noise-
sensitive land use (noise exposure) and is not expected to result in significant
operational noise generation impacts.
14. Public Services (standard regulations). The Project will improve the operations
of the City of Palo Alto Police Department, 911 Emergency Dispatch Center,
Emergency Operations Center, Office of Emergency Services, Fire Department
Administration, and other related services. The EIR will describe how standard
design, safety, and building requirements of the police and fire departments are
incorporated into the Project design. Also, construction impacts will be described,
along with standard City regulations that minimize those impacts (e.g., construction
traffic plan) and mitigations already included in other EIR chapters (e.g., construction
air quality and noise).
15. Transportation, Traffic, and Parking (project-specific mitigation). Under
separate contract with the City, Fehr & Peers will prepare a transportation impact
(TIA, including parking) for the Project, based on the City of Palo Alto’s and Santa
Clara Valley Transportation Authority’s (VTA’s) requirements, as well as Fehr &
Peers’ knowledge of the study area (Fehr & Peers, August 23, 2016). Consultant will
incorporate the TIA, including its impact analysis and mitigation measures, into the
EIR to meet CEQA requirements.
16. Utilities and Service Systems (standard regulations). In consultation with City
staff, Consultant will evaluate potential impacts on water supply, wastewater
generation, storm water drainage, solid waste/recycling, and associated
infrastructure. Potential impacts are expected to be less than significant, based on
standard City requirements for maintaining adequate utility service and
infrastructure.
The following CEQA topics likely will have less-than-significant impacts when
Consultant prepares the Initial Study, and will not be further evaluated in the EIR unless
otherwise required:
i. Agricultural and Forest Resources. There is no Prime Farmland, Unique
Farmland or Farmland of Statewide Importance, lands under Williamson Act
contracts, or lands zoned for agriculture or forest land within the vicinity of the
Project site.
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ii. Minerals. There are no mineral deposits or gravel mining areas on the Project
site.
iii. Population and Housing. The Project site consists of two City-owned public
parking lots. There is no housing on the site; the Project would not displace any
existing housing or people.
D. Detailed CEQA Scope of Services. The specific tasks needed to complete the EIR
for the proposed Public Safety Building and Parking Structure are described below.
1. TASK 1: KICK-OFF MEETING/SITE TOUR
An initial meeting will be held with City staff to discuss and refine the EIR
approach, work scope, data needs (including for the Initial Study/EIR Project
description), cumulative analysis approach, and Project alternatives approach.
The team will discuss any preferences the City may have regarding EIR format,
organization, and presentation. The Consultant will visit the Project site and its
surroundings to verify relevant environmental conditions.
2. TASK 2: SCHEDULE FOR THE PREPARATION OF THE EIR
Based on the kick-off meeting and the RFP Draft Estimated Project Timeline,
Consultant will prepare a refined EIR schedule coordinated with the Project
design schedule. The EIR schedule, including any subsequent changes, will
require approval from the City.
Deliverable: Annotated EIR Project schedule graphic.
3. TASK 3: DATA COLLECTION AND REVIEW OF EXISTING INFORMATION
The EIR analysis will rely on existing data whenever possible. Available relevant
data will be assembled based on (1) technical studies prepared by firms under
separate contracts with the City, (2) the City’s latest planning and regulatory
documents, (3) information on any other pending development applications and
“pipeline” projects in the vicinity, and (4) any applicable, recent CEQA
documents. Consultant will review all technical studies for CEQA adequacy, and
will notify the City if there are gaps or deficiencies. Should this occur, the City’s
other consultants will make the appropriate revisions or conduct additional
studies. For one example, the ESA prepared for the project (Northgate
Environmental Management, Inc., April 22, 2016) recommends on-site
investigations related to groundwater quality and vapor intrusion, and subsequent
preparation of Site Management Plans.
Deliverable: Memo with follow-up questions and an annotated list of additional
data needs to complete the EIR.
4. TASK 4: INITIAL STUDY AND NOTICE OF PREPARATION
To verify which topics are to be included in the EIR (see discussion of
“Environmental Topics Covered in the EIR,” above), Consultant will complete an
Initial Study (IS) checklist and narrative, as recommended by CEQA Guidelines
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section 15082, to solicit public and interested agency input on the proper scope
of the EIR. The IS checklist format will follow the latest version of CEQA
Guidelines Appendix G (Environmental Checklist Form). Consultant assumes the
City will submit a single set of consolidated comments on the draft IS. Consultant
will prepare a draft Notice of Preparation (NOP) for City staff review and will edit
the NOP based on City comments to create a final public release NOP/IS. The IS
will be attached to the NOP for public and agency distribution. Consultant will
collaborate with the City on preparing its mailing list for the NOP/IS; Consultant
will review the City’s standard CEQA mailing list and, if necessary, suggest
additional recipients (e.g., State and responsible agencies). It is assumed that
the City will distribute the NOP/IS to those on the mailing list. Consultant will
overnight the NOP/IS to the State Clearinghouse (State Office of Planning and
Research), beginning the 30-day NOP/IS response period. Consultant will follow-
up with OPR to ensure that the NOP/IS was received, released, and posted on
the State Clearinghouse website.
Deliverable: Electronic Word and PDF versions of draft and final NOP/IS. Also,
Consultant will print (15) copies and overnight them to the State Clearinghouse.
5. TASK 5: PUBLIC SCOPING MEETINGS
Consultant will participate in a public scoping meetings to solicit feedback on the
Project, its potential impacts, and possible mitigation measures. At the scoping
meeting, CEQA lead will provide an overview (e.g., PowerPoint) of the CEQA
process, the purpose of the EIR and its general content, the Initial Study, and
opportunities for public input. CEQA lead will be available to answer questions
regarding these issues, without speculating on the future findings of the EIR
analysis. Consultant shall assume the City will schedule the meeting and provide
the venue.
Deliverable: PowerPoint presentation; notes from the public scoping meeting
summarizing the comments and their relevance to the EIR analysis.
Note: Under each appropriate task, this EIR scope describes the number of
meetings that, in Consultant’s CEQA experience, accomplishes the task. Should
more meetings be required or requested by the City, please see Task 14
(Additional Meetings) below. This Task 5 includes one scoping meeting, and
additional meetings can be budgeted from Task 15.
6. TASK 6: MITIGATION MEASURES.
Based on the overall Project impact, a series of mitigation measures will be
developed by Consultant working closely with staff. Both physical improvements
and policy considerations will be included as mitigation measures. This task shall
also include evaluation of the goals and objectives of the Comprehensive Plan to
determine consistency with mitigation measures.
Deliverable: All necessary reports required to complete and support the EIR
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process.
7. TASK 7: PREPARE DESCRIPTION OF PROJECT ALTERNATIVES
In collaboration with City staff and the design team, Consultant will prepare the
EIR project description plus descriptions of the EIR project alternatives. It is vital
to note that CEQA Guidelines section 15126.6 (Consideration and Discussion of
Alternatives to the Proposed Project) defines “project alternatives” as those
“which would feasibly attain most of the basic objectives of the project, but would
avoid or substantially lessen any of the significant effects of the project.”
Therefore, any EIR program and design alternatives must avoid or reduce im-
pacts compared to the proposed (“preferred”) project evaluated in the EIR. For
this reason, the preferred project should be the “worst-case” option relevant to
environmental impacts. If desired, the City then can approve one of the project
alternatives without requiring additional CEQA analysis. However, if during the
EIR process, an alternative with potentially greater impacts is chosen as the
preferred project, the EIR analysis will need to be re-examined and the schedule
adjusted accordingly.
Consultant will consult with City staff regarding the discretionary approvals that
will be needed for the Project. Council has requested that the staff investigate
the alternative of a larger garage with additional spaces. As part of this process
Consultant, coordinating with the sub-consultants as needed, will be required to
investigate this concept and present to Council for action. Once action is given,
Consultant can then move forward with the finalization of the concept plan and
the draft EIR.
Deliverable: Project descriptions for the proposed (“preferred”) project and for
each EIR alternative, in accordance with CEQA Guidelines section 15126.6,
required to complete and support the EIR process.
8. TASK 8: PREPARE ADMINISTRATIVE DRAFT EIR
Consultant will prepare all required EIR sections, including:
• Introduction
• Summary
• Project Description
• Environmental Topical Sections (see discussion of “Environmental
Covered in the EIR,” above)
• Project Consistency with Local and Regional Plans
• Cumulative Impacts
• Growth-Inducing Effects
• Significant Unavoidable Impacts
• Irreversible Environmental Changes
• Effects Found Not to be Significant
• Alternatives to the Proposed Project
• Mitigation Monitoring
• Agencies, Organizations, and Persons Contacted
Topics
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Consultant will prepare a project description in accordance with CEQA
Guidelines section 15124. The project description will consist of text and
explanatory graphics and maps, which describe the Project in sufficient detail to
allow for meaningful and useful analysis of impacts and mitigation measures.
Consultant will prepare a Mitigation Monitoring and Reporting Plan (“MMRP”),
pursuant to AB 3180, that defines how, when and by whom mitigation measures
are to be implemented.
For each topical section, Consultant will describe the existing environmental and
regulatory settings in written and graphic form. Project impacts and mitigation
measures warranted to avoid or reduce significant impacts will be identified. As
described above in “Environmental Topics Covered in the EIR,” the EIR will
evaluate the following environmental issues in detail:
• Aesthetics
• Air Quality
• Biological Resources
• Cultural Resources
• Energy Conservation
• Geology and Soils
• Greenhouse Gas Emissions
• Hazards and Hazardous Materials
• Hydrology and Water Quality
• Land Use and Planning
• Noise
• Public Services
• Transportation, Traffic, and Parking
• Utilities and Service Systems
Based on our review of available information and technical reports, Consultant
believes that the Project would result in less-than-significant impacts, with no
standard regulations or project-specific mitigation required, for the other
environmental issues included in CEQA Guidelines Appendix G (agriculture and
forestry resources, mineral resources, population and housing, airport land use
safety, parks and recreation, scenic highways, and wetlands). These envi-
ronmental issues will not be discussed in detail in the EIR, but will be listed in
EIR section “Effects Found Not to be Significant,” with reference to the Initial
Study in the EIR appendix.
OTHER REQUIRED CEQA DISCLOSURES
Consultant will summarize the EIR findings in terms of the assessment
categories required by CEQA Guidelines section 15126.2, which include project-
related “consistency with local and regional plans,” “cumulative impacts,”
“growth-inducing effects,” “significant unavoidable impacts,” “irreversible
environmental changes,” and “effects found not to be significant.” For the first two
categories (plans, cumulative), the EIR will have separate chapters. For the
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remaining four categories, almost all of the information will already be included in
other EIR chapters; to show a direct connection to the CEQA terms, one EIR
chapter will summarize the findings according to these categories.
Meetings:
Minimum three (3) in-person meetings are included in this task, which Consultant
considers more than adequate to coordinate the Administrative Draft EIR process
with City staff and the design team. In order to maintain the City’s proposed
schedule, team discussions concerning EIR data needs, methodology, and
potential impacts and mitigation measures must be accomplished efficiently and
effectively up front, during Tasks 1 through 4, so that Consultant can concentrate
on the work at hand. In addition, conference calls throughout the EIR process are
already expected as part of the work scope. Should more meetings be required
or requested by the City, please see Task 15 (Additional Meetings) below.
Deliverable: Fifteen (15) copies of the ADEIR and one (1) CD with Microsoft
Word and 1 CD with Adobe (pdf) version.
9. TASK 9: PREPARE SCREENCHECK DRAFT EIR
Consultant assumes the City will provide one consolidated, internally consistent
set of staff comments on the Administrative Draft EIR. Consultant will prepare a
“Screencheck” version of the Draft EIR for City staff approval prior to publication
of the Draft EIR for public release.
Deliverable: One (1) electronic version in Word and one (1) electronic version in
Adobe PDF of the Screencheck Draft EIR.
10. TASK 10: PREPARE PUBLISHED DRAFT EIR
Consultant will prepare a Draft EIR, incorporating any revisions and refinements
to the Screencheck Draft EIR in response to City staff comments. Consultant will
also prepare the Notice of Completion/Availability (NOC/NOA) in Word for use by
the City. Consultant will overnight the NOC/NOA to the State Clearinghouse
(State Office of Planning and Research), beginning the 45-day Draft EIR
response period. Consultant will follow-up with OPR to ensure that the NOC/NOA
was received, released, and posted on the State Clearinghouse website.
Deliverable: Sixty-five (65) printed and bound copies of the Draft EIR (including
appendices, unless the City would prefer the appendices on separate CD disks) -
50 to the City for public distribution and 15 for Consultant to overnight to the
State Clearinghouse; two (2) unbound copies; one (1) electronic version in Word;
and one (1) electronic PDF version for City posting on its website. One (1)
electronic version of the NOC/NOA in Word.
City responsibility: Noticing.
11. TASK 11: PUBLIC REVIEW AND HEARING
The City will provide for a 45-day noticing period during which the public will have
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an opportunity to review and comment on the DEIR. Consultant will attend one
Planning and Transportation Commission hearing to answer questions on the
Draft EIR from the public and the Commission. CEQA lead, will provide an
overview (e.g., PowerPoint) of the Draft EIR process and findings. Should more
meetings be required or requested by the City, please see Task 14 (Attend
Certification Hearings) and Task 15 (Additional Meetings), below. Key sub-
consultants may also need to attend the meetings.
Deliverable: PowerPoint presentation.
Meetings: Attend a Planning and Transportation Commission hearing on the
draft EIR.
City responsibility: Noticing and conducting hearings, attending neighborhood
meetings
12. TASK 12: PREPARE ADMINISTRATIVE FINAL EIR (RESPONSES TO
COMMENTS AND DRAFT MMRP)
Following public review of the Draft EIR, Consultant will respond to substantive
comments on the Draft EIR and prepare an Administrative Final EIR. Consultant,
in collaboration with City staff, will prepare responses to substantive comments
received from the public, responsible or other agencies, and other interested
parties during the review period for the Draft EIR.
The Administrative Final EIR will be prepared as an attachment to the Draft EIR.
It will include a list of persons and agencies that commented on the Draft EIR; a
summary of comments received on the Draft EIR; a collection of verbatim
comments received on the Draft EIR (letters, memos, e-mails, minutes, etc.);
written responses to each substantive environmental comment; and any
revisions to the Draft EIR text or graphics necessary to adequately respond to
the comments received.
Consultant will produce a draft Mitigation Monitoring and Reporting Plan (MMRP)
consistent with CEQA section 21081.6 and will submit it to the City for review and
approval. Consultant will work with City staff and legal counsel to prepare draft
versions of the Findings of Fact and, if necessary, the Statement of Overriding
Considerations.
This task includes one meeting with City staff to discuss the appropriate level of
response to comments and the format for the Final EIR.
Consultant will prepare a Screencheck version of the Final EIR for City staff
approval before reproduction of the Final EIR for public release.
Deliverable: Twenty-five (25) printed and bound copies of the Administrative
Final EIR and draft MMRP, two (2) unbound copies, one (1) electronic version in
Word, and one (1) electronic version in Adobe PDF. For the Screencheck Final
EIR, one (1) electronic version in Word and one (1) electronic version in Adobe
PDF.
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Meeting/City Involvement: Collect and forward comments to Consultant, meet
to discuss appropriate level of response to comments and format for preparing
the Final EIR.
13. TASK 13: PREPARE PUBLISHED FINAL EIR AND MMRP
Consultant will prepare a Final EIR incorporating revisions and refinements
based upon City staff responses to the Administrative Final EIR. Consultant’s fee
assumes that no more than 60 hours of environmental sub-consultant
professional planning staff time will be required for responses to comments and
preparation of the Final EIR. Consultant will also produce the final Mitigation
Monitoring and Reporting Plan (MMRP).
The revised documents will be submitted to the City for certification by the City
Council. Response to comments, resulting changes to DEIR, MMRP, Statement
of Overriding Consideration, if necessary, Findings of Fact and prepare Final EIR
(FEIR) and Notice of Determination. The FEIR shall include the reprinted DEIR
with text changes.
Consultant will prepare the Notice of Determination (NOD) and will forward it to
the State Clearinghouse. Concurrently, City staff will post the NOD with the
County Clerk within five days of Project approval.
Deliverable: Fifty (50) printed and bound copies of the Final EIR and MMRP, two
(2) unbound copies, one (1) electronic version in Word, and one (1) electronic
version in Adobe PDF. For the NOD, one (1) electronic version in Word.
Note: For more resourceful and less costly production, the deliverables include
printing the Final EIR as a separate attachment to the Draft EIR. Any revised
pages to the Draft EIR will show track changes and will be coordinated and
printed with the responses to comments, in a separate Final EIR document. The
deliverables do not assume reprinting the entire Draft EIR.
14. TASK 14: ATTEND CERTIFICATION HEARINGS
In addition to the seven (7) meetings included in previous tasks (Tasks 1, 5, 6, 7,
10, and 11), Consultant will attend four (4) certification hearings with the Planning
and Transportation Commission and/ or City Council to assist City staff in
presenting the Final EIR and responding to questions. Consultant CEQA lead,
will provide an overview (e.g., PowerPoint) of the Final EIR process and findings.
Should more meetings be required or requested by the City, please see Task 15
(Additional Meetings) below.
Deliverable: PowerPoint presentation.
15. Task 15: Additional Meetings (each)
Should the City request additional meetings beyond those listed in this
Environmental Consulting Services scope of work, those meetings shall be
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invoiced hourly per the hourly rates in Exhibit C -1. Assume each additional
meeting to be based on six-hour total meeting time – including preparation, on-
site meeting, travel time beyond the employee’s regular commute, mileage, and
tolls.
-END-
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EXHIBIT “B”
SCHEDULE OF PERFORMANCE
Consultant must perform the Services so as to complete each milestone within the
date specified below, measured from the date of City's issuance of the Notice to
Proceed (NTP) with the Services. The time to complete each milestone may be
increased or decreased by mutual written agreement of Consultant and City so long as
all Services are completed within the Term of the Agreement. Consultant must
provide a detailed schedule of Services consistent with the schedule below within 2
weeks of receipt of the notice to proceed.
Milestones Target Completion
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Task A.1: PSB Preliminary Design - CEQA / EIR December 2017
Task B.1: PSB Schematic Design March 2018
Task B.2: PSB Design Development August 2018
Task B.3: PSB Permit Set / Construction Documents February 2019
Task B.4: PSB Project Bidding and Award May 2019
Task B.5: PSB Construction Administration and
Closeout May 2021
Task C.1: Parking Structure Preliminary Design –
CEQA / EIR December 2017
Task C.2: Parking Structure Schematic Design February 2018
Task C.3: Parking Structure Design Development March 2018
Task C.4: Parking Structure Permit Set / Construction
Documents May 2018
Task C.5: Parking Structure Project Bidding and
Award July 2018
Task C.6: Parking Structure Construction
Administration and Closeout August 2019
Task E.2: PSB Threat Assessment (Predesign) January 2018
Task E.4: PSB Programming Services for Technical
Systems January 2018
Task E.6: PSB Fixtures, Furniture and Equipment
Design and Procurement Documents February 2019
Task E.7: PSB Commissioning (Cx) May 2021
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EXHIBIT “C”
COMPENSATION
The City agrees to compensate the Consultant for the Services performed in
accordance with the terms and conditions of this Agreement, and as set forth in the
budget schedule below, and as further specified in each Task Order issued by the City.
Compensation will 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 must perform the tasks and categories of Services as outlined and budgeted
below. The City’s
amounts between
compensation for
Project Manager may approve in writing the transfer of budget
any of the tasks or categories listed below provided the total
Basic Services, including reimbursable expenses, and the total
compensation for Additional Services do not exceed the amounts set forth in Section 4
of this Agreement. Each phase requires a separate written Notice-to-Proceed (NTP).
Phases 2 and 3 will be authorized at CITY’s discretion, and upon
environmental review and budget for the Project.
approval of
BUDGET SCHEDULE NOT TO EXCEED AMOUNT
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BASIC SERVICES Phase 1 Phase 2 Phase 3
Task A.1: PSB Preliminary Design
- CEQA / EIR $242,696
Task B.1: PSB Schematic Design $495,700
Task B.2: PSB Design
Development $856,210
Task B.3: PSB Permit Set /
Construction Documents
$1,915,206
Task B.4: PSB Project Bidding and
Award
$90,127
Task B.5: PSB Construction
Administration and Closeout
$1,149,124
Task C.1: Parking Structure
Preliminary Design – CEQA / EIR $121,347
Task C.2: Parking Structure
Schematic Design $142,607
Task C.3: Parking Structure Design
Development $190,143
Task C.4: Parking Structure Permit
Set / Construction Documents
$399,300
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REIMBURSABLE EXPENSES
The administrative, overhead, secretarial time or 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 will reimburse Consultant for the following expenses at cost, provided that the
expenses were reasonably and necessarily incurred solely for providing the Services:
A. Travel outside the San Francisco Bay Area, including transportation and meals,
will be reimbursed at actual cost subject to limits of the City’s policy for
reimbursement of travel and meal expenses for City employees.
B. Long distance telephone service charges, cellular phone service charges,
overnight delivery, facsimile transmission and postage charges are reimbursable
at actual cost.
All requests for payment of expenses must be accompanied by appropriate
documentation of the claimed expenditure, such as written receipts. Any expense
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Task C.5: Parking Structure Project
Bidding and Award
$19,014
ROW
TOTALS
Task C.6: Parking Structure
Construction Administration and
Closeout
$199,650
Task E.2: PSB Threat Assessment
(Predesign) $47,634
Task E.4: PSB Programming
Services for Technical Systems $34,164
Task E.6: PSB Fixtures, Furniture
and Equipment (FF&E) Design and
Procurement Documents
$287,622
Task E.7: PSB Commissioning (Cx) $27,173
Additional Excess Insurance
Coverage $25,000
TOTAL BASIC SERVICES $2,155,501 $2,711,269 $1,375,947 $6,242,717
REIMBURSABLES $128,185
SUBTOTAL (BASIC SERVICES &
REIMBURSABLES) $2,283,686 $2,711,269 $1,375,947 $6,370,902
ADDITIONAL SERVICES –
10% OF SUBTOTAL $637,090
TOTAL NOT-TO-EXCEED AMOUNT $2,920,776 $2,711,269 $1,375,947 $7,007,992
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anticipated to be more than $500 must be approved in writing in advance by the City’s
Project Manager.
ADDITIONAL SERVICES
Consultant will provide Additional Services related to a duly authorized Task Order only
pursuant to advanced, written authorization from the City as specified in Section 4 of the
Agreement. At the City’s Project Manager’s request, Consultant must submit a detailed
written proposal including a description of the scope of Additional Services, schedule,
level of effort, and Consultant’s proposed maximum compensation, including
reimbursable expenses, for such Additional Services based on the rates set forth in
Exhibit C-1. The Additional Services, including scope, schedule and maximum
compensation will be negotiated and memorialized in writing by the City’s Project
Manager and Consultant prior to commencement of the Additional Services. Such
written agreements for Additional Services are deemed to be incorporated into the Task
Order payment.
[Optional] Work required because the following conditions are not satisfied or are
exceeded are considered Additional Services:
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EXHIBIT C-1
SCHEDULE OF RATES
HOURLY RATE SCHEDULE
48
Firm / Title Rate
RossDrulisCusenbery Architecture, Inc
Principal-in-Charge $229
Design Principal $229
Project Manager $182
Senior Architect $166
Architect $156
Designer $130
Programmer $104
Drafter $104
Administrative Support $83
W.P. Moore (Structural Engineer)
Principal-in-Charge $250
Director of Seismic Design $250
Senior Project Manager $180
Engineer $130
WSP (MEP)
Senior Vice President $300
Vice President $225
Senior Associate $180
Mech. CAD $95
Electrical Engineer $130
Electrical CAD $95
Plumbing Engineer $130
Administrative $85
Sandis (Civil Engineers)
Senior Project Manager $185
Project Manager $165
Project Engineer $140
Design Engineer $115
Engineer Technician $105
Interstice (Landscape Architects)
Principal $240
Project Manager $180
Project Landscape Architect $160
Designer/Draftsperson $140
Administrative $90
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Firm / Title Rate
Cumming (Cost Estimator)
Director $195
Associate Director $185
Senior Cost Manager $175
Watry (Parking Structure Consultant)
Principal $265
Associate Principal $215
Project Manager $185
Project Engineer $175
Project Architect $175
Job Captain $165
Staff Designer $145
Winbourne (PSB Technology Systems Consultant)
Project Manager $180
Senior SME $155
Senior Engineer $155
WSP (Building Data Systems Designer)
Associate $160
Senior Engineer $155
MIG (Environmental Consultant)
CEQA Project Manager $180
Senior Project Associate $135
Senior Environmental Planner $170
Project Associate $95
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EXHIBIT “D”
INSURANCE REQUIREMENTS
CONSULTANTS 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:
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 “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.
Professional Services
Rev. September 21, 2016
50
REQUIRE
D
TYPE OF COVERAGE
REQUIREMENT
MINIMUM LIMITS
EACH
OCCURRENCE AGGREGATE
YES WORKER’S COMPENSATION
YES 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.
$2,000,000
$2,000,000
$2,000,000
$5,000,000
$5,000,000
$5,000,000
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
$2,000,000
YES THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONSULTANT, 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 CONSULTANT 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.
DocuSign Envelope ID: A63DC2C9-56AB-4BCA-9D0E-69800F9213B6
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 REASON
OTHER THAN THE NON-PAYMENT OF PREMIUM, THE CONSULTANT SHALL
PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE
EFFECTIVE DATE OF CANCELLATION.
2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-
PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST A
TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE
CANCELLATION.
OF
VENDORS ARE REQUIRED TO FILE 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
Professional Services
Rev. September 21, 2016
51