HomeMy WebLinkAboutStaff Report 3696City of Palo Alto (ID # 3696)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 5/20/2013
City of Palo Alto Page 1
Summary Title: Main Library Construction Contract Award
Title: Adoption of a Budget Amendment Ordinance, Approval of a
Construction Contract with S.J. Amoroso In The Amount of $17,707,000, and
Approval of a Professional Services Contract for $1,130,969 with Group 4
Architecture, Research + Planning Inc for the Main Library Expansion and
Renovation Project PE-11000
From: City Manager
Lead Department: Public Works
Recommendation
Staff recommends that Council:
1. Adopt a Budget Amendment Ordinance (Attachment A)in the total amount of
$3,869,063 to transfer $1,000,000 from the Downtown Library Renovation Project
(PE-09006),transfer $500,000 from the Art Center Upgrade Project (PF-09007),
transfer $1,317,563 from the Mitchell Park Library Project (PE-09006),and
transfer $1,051,000 from the Infrastructure Reserve (IR) to the Main Library
Expansion and Renovation Project (PE-11000);
2. Approve and authorize the City Manager or his designee to execute a contract
(Attachment B)with S.J. Amoroso, in the amount of $17,707,000 for construction
of improvements at the Palo Alto Main Library;
3. Authorize the City Manager or his designee to negotiate and execute one or
more change orders to the contract with S.J. Amoroso, for related, additional but
unforeseen work which may develop during the project, the total value of which
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shall not exceed $1,770,700; and
4. Approve and authorize the City Manager or his designee to execute a contract
(Attachment C)with Group 4 Architecture, Planning + Research, Inc. in the
amount of $1,130,969 for final signage design, construction administration
services, and project closeout services.
Background
Main Library is the third and final project to be funded by the Measure N bond
measure passed by Palo Alto voters in 2008. The Palo Alto Main Library Expansion
and Renovation project was designed by Group 4 Architecture, Research +
Planning, Inc. The project incorporates upgrades to the historic building’s
structural, electrical and mechanical systems, a new Teen Room, and Americans
with Disabilities Act (ADA)upgrades while preserving the integrity of the original
architect Edward Durrell Stone’s iconic design. A new 4,000-square foot addition
includes a program room and additional restrooms to extend the services of this
heavily used branch. The project targets Leadership in Energy and Environmental
Design (LEED) certification.
In October 2012, NOVA Partners was hired to assist staff with construction
management. They assisted with a final constructability review of the design,
contractor prequalification and bidding. During construction they will help
manage the contractor, provide testing and special inspections, maintain project
documentation, and establish and track deadlines for submittals, schedules,
responses to requests for information (RFIs), change order requests, change
orders, inspection requests, and claims.
Discussion
Budget Amendment Ordinance
Because bids for the project were higher than expected, staff recommends that
Council adopt a Budget Amendment Ordinance (BAO) to cover the additional
project cost. Market conditions are again changing and construction costs are
escalating. The Downtown Library project was completed under budget primarily
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due to the recession-related construction market conditions at the time,
therefore staff recommends transferring the remaining funds from Downtown
Library CIP PE-09006 into the Main Library CIP PE-11000. Additionally, as
previously reported to Council, the Main Library project scope was expanded to
include approximately $1.3 million of deferred maintenance and code compliance
items and approximately $1 million for a new connection between the Art Center
and Main Library parking lots. The parking lot connection was not part of the
original bond proposal. The attached BAO will provide for funding of $1,800,000
from the IR to the project. The BAO will also transfer $1,317,563 from the
Mitchell Park Library CIP PE-09006 to provide the remainder of the funding that is
needed.
Contractor Prequalification and Bidding
Given the size, complexity and location of the Main Library project, staff
conducted a prequalification process to ensure that any contractor selected
would be capable of completing the project at a high level of quality and in a
timely fashion. In December 2012, a Request for Prequalification of Bidders was
advertised and posted at local Builder’s Exchanges. Any contractor who intended
to submit a bid was required to complete a questionnaire that presented the
company’s financial status, ability to obtain bonding, experience on similar
structures, and references. The application focused on essential requirements for
public bids, history and organizational performance, safety, LEED and relevant
technical experience, performance on recent projects, historical building
experience and customer feedback. Approved companies demonstrated a
successful and established organization with a positive track record in similar
public projects. Of the nine applicants, five contractors passed the initial review.
Project data sheets showing relevant, successful work of significant dollar value
were the main differentiators.
During the prequalification process, contractors were notified that certain key
subcontractor disciplines would be required to meet specified qualifications
during the bidding process. Mechanical, Plumbing, Electrical and Geothermal
Drilling/System subcontractors were limited to those having direct experience
with similar projects in both size and scope. Additionally, these subcontractors
and their key personnel were required to have a minimum number of years
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experience. Subcontractor prequalification was one of the safeguards and
improvements planned when the NOVA contract was awarded.
On March 7, 2013, a notice inviting formal bids (IFB) for the Palo Alto Main Library
Expansion and Renovation Project was sent to the five pre-qualified contractors.
The bidding period was 33 days. Bids were received from four contractors on
April 9, 2013, as listed on the attached bid summary (Attachment D).Bids ranged
from a low of $14,592,630 to a high of $19,293,000. The low bidder withdrew
their bid due to clerical error on April 16, 2013. The one firm that chose not to
submit a bid indicated that they did not have the resources necessary to prepare
a proposal.
Solicitation:IFB 149297 Palo Alto Main Library Expansion and
Renovation Project
Proposed Length of Project 440 Days
Number of Bids Mailed to
Contractors
5
Number of Bids Mailed to Builder’s
Exchanges
N/A (prequalified contractors only)
Total Days to Respond to Bid 33
Pre-Bid Meeting March 14, 2013
Number of Company Attendees at
Pre-Bid Meeting
10
Number of Bids Received 4
Bid Price Range*low of $14,592,630 to a high of
$19,293,000
* The low bid shown in the table above was withdrawn due to a clerical error.
Staff has reviewed all bids submitted and recommends that S.J. Amoroso be
declared the lowest responsible bidder. Staff recommends that the City award
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the Base Bid ($17,727,000) minus Add Alternate 1 ($20,000) for a total contract
award of $17,707,000. Add Alternate 1 is a deductive amount and removes the
skylights that were not part of the original architectural design of the Main Library
building. The Historic Resources Board (HRB) and the Architectural Review Board
(ARB) recommended staff consider the removal of these skylights for historic and
aesthetic reasons. The savings is minor, but the removal is in the best interest of
the project. The skylights were installed during a previous renovation project in
the 1980’s. The interior lighting is sufficient so that the skylights are not needed.
By removing them, the roofline will be restored to its original condition. New LED
lamps will be installed in the fixtures above the area under the skylights. These
lamps will use much less energy and provide ample light to the area.
The base bid of $17,727,000 by S.J. Amoroso, is approximately 11 percent above
the construction cost estimate for the project of $15,900,000. The withdrawn low
bid is eight percent below the cost estimate. The high bid is 21 percent above the
estimate. The range of bids is indicative of a changing economic climate where
many recent project starts locally and regionally are quickly driving up
construction prices. The clerical error claimed by the low bidder indicates that
their bid would have been much closer to, but still above the project estimate.
They claim the error that caused them to withdraw their bid is in excess of $1.5
million.
Staff confirmed with the Contractor’s State License Board that S.J. Amoroso has
an active license on file. Staff checked references supplied by the contractor for
previous work performed and found no major complaints. Staff reviewed the
subcontractor information submitted by S.J. Amoroso and determined that the
subcontractors meet the qualification requirements established for the project.
A standard construction contingency amount of 10 percent is requested for the
Main Library Expansion and Renovation Project. Normally,for a project of this
size, age and complexity a larger amount would be requested. However,
numerous allowances are included in the contract that provide targeted
additional funds that may be necessary due to the historic nature of the project;
as well as the increased potential for unforeseen building conditions such as
termites,dry rot, window repair, irrigation repair, and sewer line replacement.
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For comparison, a contingency of 25 percent was included in the construction
contract for the renovation of the historic College Terrace Library (although only
16 percent was actually used).
Group 4 Contract –Construction Administration
The contract with the design architect, Group 4 Architecture, Research + Planning,
Inc. (Attachment C) will provide for the architect’s general construction
administration oversight during the construction phase of the Main Library. As the
designer of record, under this contract Group 4 will respond to design questions
and issues raised by the contractor, attend meetings at the job site, oversee green
building submissions and assist in the preparation of the record documents. The
contract also includes the final signage design for the building and the integrated
site signage that includes the Art Center and the adjacent community gardens.
Group 4 is the lead designer for all of the projects under the Measure N library
and community center bond measure.
Timeline
On April 30, 2013, the Main Library closed and the majority of the contents will be
moved into storage during the month of May 2013. A Temporary Main Library
has been established in the Art Center Auditorium. The Temporary Main Library
is made possible by a generous donation by the Friends of the Palo Alto Library
(FOPAL). It opened on May 3, 2013.
The Main Library Expansion and Renovation project is expected to be competed
by December 2014. By that time it could be officially renamed if a recent
recommendation by the Library Advisory Commision is pursued and ultimately
approved by Council. The signage design to be completed under the new contract
with Group 4 will take this renaming proposal into consideration for any signs that
will contain the library building name.
Alternate to Staff Recommendation
As an alternative to the staff recommendation, Council may choose to reject all
bids and and direct staff to rebid the project. Staff believes that a rebid would
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most likely result in cost escalation due to the current high demand for contractor
services in Silicon Valley. It is also important to note that one of the five pre-
qualified bidders is now ineligible to participate in a rebid because they withdrew
their bid by claiming a mistake (Public Contract Code Section 5105). Therefore,
there may be only 3 interested and available pre-qualified bidders.
Council may also choose to direct staff to reduce the project scope prior to
rebidding. Staff has considered a number of options for scope reduction, but they
would require additional time and design fees. Some of the options to reduce
cost may require review by the HRB and the ARB. The project building permit is
also ready to be issued, so changes would require additional time and fees for
further plan review.
Resource Impact
On May 6, 2013, Council approved a Resolution authorizing the second issuance
and sale of Measure N General Obligation bonds in an amount not to exceed
$20.6 million. The second issuance represents the remainder of the $76 million in
bonds approved by the voters under Measure N.
During the design phase of the Main Library project, deferred maintenance and
code compliance work with an estimated cost of approximately $1.3 million was
added to the scope of the project. The Art Center Connectivity project was also
added to the scope, with the estimated cost of approximately $1 million to be
shared between the Art Center and the Main Library projects. These additions to
the scope of the Main Library project were made following the approval of the
construction contract for the Mitchell Park Library and Community Center, the
cost of which was 25 percent lower than the engineer’s estimate. Because of the
lower than estimated cost of the Mitchell Park Library and Community Center
projected at that time, it was anticipated that the additions to the scope of the
Main Library project could be made without exceeding the $76 million total
approved under Measure N. There was also a desire to take advantage of a
favorable construction bidding environment and the cost efficiencies of
completing the additional work as part of a major project. At the time of the
additions, Council discussed the possibility that the additions would be funded by
the Infrastructure Reserve (IR) if the total cost of the three Measure N library
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projects were to exceed $76 million. Given the increased costs and uncertainty
surrounding the Mitchell Park Library and Community Center project,and the
higher than estimated construction contract bid for the Main Library project, staff
recommends funding the deferred maintenance and Art Center connectivity
components of the project, totaling $1.8 million, from the IR.
The most recent estimate of projected costs for the Main Library project, as
provided in the Mitchell Bimonthly report to Council dated April 8, 2013, was
$22.7 million. This estimate was based on the final engineer’s estimate for the
construction cost of $15.9 million. The updated project budget for the Main
Library project, which incorporates the construction contract with S.J. Amoroso, is
$24.7 million. The earlier estimate of $22.7 was developed with respect to the
Measure N library bonds and included a credit of $500,000 for the Art Center
contribution to the connectivity component of the project. The new $24.7 million
budget represents the total appropriation needed for the Main Library project,
and does not reflect the $500,000 credit for the Art Center contribution as that
contribution is proposed as part of the attached BAO. Therefore, the net increase
to the project budget for the Main Library project is $1.6 million.
The previously approved appropriation to CIP PE-11000 is $20,848,500, and an
additional appropriation of $3,869,063 is therefore needed to fund the updated
project budget of $24,717,563. The attached BAO provides a transfer for
$1,000,000 from the funds remaining in the Downtown Library project, $500,000
from the Art Center project, and $1,051,500 from the IR. The remaining
appropriation of $1,317,563 is from the Mitchell Park Library project.
The proposed funding of $1,051,500 from the IR is less than $1,800,000 (the sum
of deferred maintenance, code compliance and Main Library portion of
connectivity project costs) because past appropriations to CIP PE-11000 had
exceeded the original Engineer’s Estimate Budget of $20,100,000. These figures
are summarized in the table below
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Project Budget and
Appropriations
Budget Description
Engineer’s Estimate
Budget
$20,100,000 Main Library project estimate from
Measure N bond budget
Project Budget at Bid
Time
$22,660,000 Project budget based on engineer’s
estimate of construction costs from
final plans (included $500,000 credit
for Art Center contribution)
Final Project Budget $24,717,563 Revised project budget including
construction contract with S.J.
Amoroso
Existing
Appropriation
$20,848,500 Funds previously appropriated to the
Main Library project
Total New BAO
Appropriation
Request comprised
of the elements
below:
$3,869,063 New appropriation needed to match
Final Project Budget
Downtown Library
Project (PE-09005)
($1,000,000)Remaining funding in Downtown
Library project CIP
Art Center Project
(PF-09007)
($500,000)Funding for Art Center portion of
connectivity project
Infrastructure
Reserve
($1,051,500)Funding for deferred maintenance,
code compliance, and Main Library
portion of connectivity project, net of
previous appropriations in excess of
$20,100,000
Mitchell Park
Library Project
(PE-09006)
($1,317,563)Balance of funding from uncommitted
appropriations to Mitchell Park
Library project
City of Palo Alto Page 10
Attachment E provides a summary of the status of the Library Bond Funds in the
same format used in the Mitchell Bimonthly report. The summary reflects the
staff recommendation to fund $1.8 million of the Main Library project costs from
the IR. The updated “Current Projection” of total costs to be funded by the
Library bonds is $74.3 million.
Policy Implications
This recommendation does not represent a change in City policy and is consistent
with Council’s previous direction on the library projects and Measure N.
Environmental Review
On July 21, 2008, the Council confirmed the Director of Planning and Community
Environment’s approval of a 2007 Addendum to the 2002 final Environmental
Impact Report for the Main Library.
A total of 26 trees will be removed during the Main Library Expansion and
Renovation Project. Additionally, 4 existing trees will be relocated within the site.
During the project 31 new trees will be planted along with new landscape and site
improvements. Currently, there are approximately 175 trees within the proposed
project area around the Main Library. The entire property that includes the Art
Center and community garden area has over 400 trees.
Some trees on the site are being removed due to poor health or due to conflicts
with other neighboring trees that are to remain. Five trees have been
recommended for removal ASAP regardless of a project. Other trees are being
removed to accommodate the project site improvements. Prior to removal, a
notice will be posted on the tree for at least 14 days. Additional information on
the tree removals is available at this website:
http://www.cityofpaloalto.org/gov/topics/projects/facilities/library/main.asp?BlobID=27033#trees
The tree removals have been discussed at the following public meetings and
hearings:
City of Palo Alto Page 11
·City Council on May 21, 2012
·Historic Resources Board (HRB) on July 18, 2012
·Architectural Review Board (ARB) on July 19, 2012
·Addendum of EIR by City Council on July 21, 2008
·Initial EIR review by City Council on June 3, 2002
Attachments:
·A -Budget Amendment Ordinance (DOC)
·B -Main Library Construction Contract (PDF)
·C -Group 4 Contract C13149972 (PDF)
·D -Bid Summary (PDF)
·E -Library Bond Fund Status (PDF)
Attachment A
ORDINANCE NO.xxxx
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
AMENDING THE BUDGET FOR THE FISCAL YEAR 2013 TO
PROVIDE AN APPROPRIATION OF $3,869,063 TO CAPITAL
IMPROVEMENT PROGRAM PROJECT NUMBER PE-11000, MAIN
LIBRARY NEW CONSTRUCTION AND IMPROVEMENTS PROJECT
The Council of the City of Palo Alto does ordain as follows:
SECTION 1. The Council of the City of Palo Alto finds and
determines as follows:
A. Pursuant to the provisions of Section 12 of Article
III of the Charter of the City of Palo Alto, the Council on
June 18, 2012 did adopt a budget for fiscal year 2013; and
B.In fiscal years 2011, 2012, and 2013, the Council
appropriated $20,848,500 for CIP Project PE-11000, Main
Library New Construction and Improvements, for work as
outlined in the Measure N bond passed by voters in November
2008; and
C. The existing appropriation of $20,848,500 is not
sufficient to cover the revised project costs of $24,717,563.
An additional appropriation of $3,869,063 is needed to
complete the project;and
D. The additional appropriation of $3,869,063 for the
project will be funded by a transfer from existing CIP
projects and the Capital Fund Infrastructure Reserve. The
details of the funding sources are summarized in the following
table; and
Funding Source Amount
Transfer from CIP Project
PE-09005 Downtown Library
Improvements
$1,000,000
Transfer from CIP Project
PF-09007 Art Center
Electrical & Mechanical
Upgrades
$500,000
Transfer from CIP Project
PE-09006 Mitchell Park
Library and Community
Center New Construction
$1,317,563
Capital Fund Infrastructure $1,051,500
Reserve
Total $3,869,063
E. City Council authorization is needed to amend the 2013
budget as hereinafter set forth.
SECTION 2.The sum of Three Million Eight Hundred Sixty-
Nine Thousand Sixty-Three Dollars ($3,869,063) is hereby
appropriated to CIP Project PE-11000, Main Library New
Construction and Improvements.
SECTION 3. The sum of One Million Dollars ($1,000,000) is
hereby transferred from CIP Project PE-09005,Downtown Library
Improvements to CIP Project PE-11000, Main Library New
Construction and Improvements.
SECTION 4. The sum of Five Hundred Thousand Dollars
($500,000) is hereby transferred from CIP Project PF-09007,
Art Center Electrical & Mechanical Upgrades to CIP Project PE-
11000, Main Library New Construction and Improvements.
SECTION 5. The sum of One Million Three Hundred Seventeen
Thousand Five Hundred Sixty-Three Dollars ($1,317,563) is
hereby transferred from CIP Project PE-09006,Mitchell Park
Library and Community Center New Construction to CIP Project
PE-11000, Main Library New Construction and Improvements.
SECTION 6.One Million Fifty-One Thousand Five Hundred
Dollars ($1,051,500) is hereby transferred from the Capital
Fund Infrastructure Reserve, leaving a balance of $12,952,070.
SECTION 7. As specified in Section 2.28.080(a) of the
Palo Alto Municipal Code, a two-thirds vote of the City
Council is required to adopt this ordinance.
SECTION 8. As provided in Section 2.04.330 of the Palo
Alto Municipal Code, this ordinance shall become effective
upon adoption.
SECTION 9.On July 21, 2008, the Council confirmed the
Director of Planning and Community Environment’s approval of a
2007 Addendum to the 2002 final Environmental Impact Report
for the Main Library.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
ATTEST:
_________________________
City Clerk
__________________________
Mayor
APPROVED AS TO FORM:
_________________________
Senior Assistant City
Attorney
__________________________
City Manager
__________________________
Director of Public Works
__________________________
Director of Administrative
Services
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Attachment B
CONSTRUCTION CONTRACT
Contract No. C13149297
City of Palo Alto
Main Library Expansion and Renovation Project
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CONSTRUCTION CONTRACT
TABLE OF CONTENTS
SECTION 1 INCORPORATION OF RECITALS AND DEFINITIONS………………………………………………………. 5
1.1 Recitals. .................................................................................................................................. 5
1.2 Definitions. ............................................................................................................................. 5
SECTION 2 THE PROJECT……………………………………………………………………………………………………………… 5
SECTION 3 THE CONTRACT DOCUMENTS……………………………………………………………………………………. 6
SECTION 4 THE WORK………………………………………………………………………………………………………………….. 7
SECTION 5 PROJECT TEAM………………………………………………………………………………………………………….. 7
SECTION 6 TIME OF COMPLETION .................................................................................................... 7
6.1 Time Is of Essence. ................................................................................................................. Error! Bookmark not defined.7
6.2 Commencement of Work. ...................................................................................................... Error! Bookmark not defined.7
6.3 Contract Time. ........................................................................................................................ Error! Bookmark not defined.7
6.4 Liquidated Damages. .............................................................................................................. Error! Bookmark not defined.7
6.4.1 Entitlement……………………………………………………………………………………………………….. 7
6.4.2 Daily Amount…………………………………………………………………………………………………….. 8
6.4.4 Other Remedies……………………………………………………………….................................. 8
6.5 Adjustments to Contract Time. .............................................................................................. 8
SECTION 7 COMPENSATION TO CONTRACTOR……………………………………………................................... 8
7.1 Contract Sum. ......................................................................................................................... 8
7.2 Full Compensation. ................................................................................................................. 8
SECTION 8 STANDARD OF CARE…………………………………………………………………………………………………… 9
SECTION 9 INDEMNIFICATION………………………………………………………………………………………………….... 9
9.1 Hold Harmless. ....................................................................................................................... 9
9.2 Survival. .................................................................................................................................. 9
SECTION 10 NONDISCRIMINATION……………………………………………………………………………………………… 9
SECTION 11 INSURANCE AND BONDS………………………………………………………………………………………….. 10
SECTION 12 PROHIBITION AGAINST TRANSFERS………………………………………………………………………….. 10
SECTION 13 NOTICES ......................................................................................................................... 10
13.3 Method of Notice………..………………………………………………………………………………………………… 10
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13.2 Notice Recipents……………………………………………………………………………………………………………… 10
13.3 Change of Address. ................................................................................................................. 11
SECTION 14 INTENTIONALLY OMITTED. ............................................................................................ 11
SECTION 15 DEFAULT…………………………………………………………………………………………………………………… Error! Bookmark not defined.11
15.1 Notice of Default. ................................................................................................................... Error! Bookmark not defined.11
15.2 Opportunity to Cure Default. ................................................................................................. Error! Bookmark not defined.11
SECTION 16 CITY'S RIGHTS AND REMEDIES…………………………………………………………………………………. Error! Bookmark not defined.12
16.1 Remedies Upon Default. ........................................................................................................ Error! Bookmark not defined.12
16.1.1 Delete Certain Services………………………………………………………………………………….. 12
16.1.2 Perform and Withhold…………………………………………………………………………………….
Er
ror! Bookmark not defined.12
16.1.3 Suspend The Construction Contract……………………………………………………………….. 12
16.1.4 Terminate the Construction Contract for Default…………………………………………… 12
16.1.5 Invoke the Performance Bond………………………………………………………………………… 12
16.1.6 Additional Provisions………………………………………………………………………………………. 12
16.2 Delays by Sureties. ................................................................................................................. Error! Bookmark not defined.13
16.3 Damages to City. ..................................................................................................................... Error! Bookmark not defined.13
16.3.1 For Contractor's Default………………………………………………………………………………….. 13
16.3.2 Compensation for Losses………………………………………………………………………………… 13
16.4 Suspension by City for Convenience. ..................................................................................... Error! Bookmark not defined.13
16.5 Termination Without Cause. .................................................................................................. 13
16.5.1 Compensation…………………………………………………………………………………………………. 13
16.5.2 Subcontractors………………………………………………………………………………………………… 14
16.6 Contractor’s Duties Upon Termination. ................................................................................. 14
SECTION 17 CONTRACTOR'S RIGHTS AND REMEDIES………………………………………………………………….. 14
17.1 Contractor’s Remedies. .......................................................................................................... 14
17.1.1 For Work Stoppage…………………………………………………………………………………………. 14
17.1.2 For City's Non-Payment……………………………………………………….............................. 15
17.2 Damages to Contractor. ......................................................................................................... 15
SECTION 18 ACCOUNTING RECORDS…………………………………………………………………………………………… 15
18.1 Financial Management and City Access. ................................................................................ 15
18.2 Compliance with City Requests. ..................................................................................... ……… 15
SECTION 19 INDEPENDENT PARTIES…………………………………………………………………………………………….. 15
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SECTION 20 NUISANCE………………………………………………………………………………………………………………… 15
SECTION 21 PERMITS AND LICENSES…………………………………………………………………………………………… 15
SECTION 22 WAIVER……………………………………………………………………………………………………………………. 16
SECTION 23 GOVERNING LAW…………………………………………………………………………………………………….. 16
SECTION 24 COMPLETE AGREEMENT…………………………………………………………………………………………. 16
SECTION 25 SURVIVAL OF CONTRACT………………………………………………………………………………………… 16
SECTION 26 PREVAILING WAGES………………………………………………………………………………………………… 16
SECTION 27 NON APPROPRIATION…………………………………………………………………………………………….. 17
SECTION 28 AUTHORITY…………………………………………………………………………………………………………….. 17
SECTION 29 ATTORNEY FEES………………………………………………………………………………………………………. 17
SECTION 30 COUNTERPARTS………………………………………………………………………………………………………. 17
SECTION 31 SEVERABILITY…………………………………………………………………………………………………………… 17
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CONSTRUCTION CONTRACT
THIS CONSTRUCTION CONTRACT entered into on (“Execution Date”) by and between the CITY
OF PALO ALTO, a California chartered municipal corporation ("City"), and S.J. Amoroso Construction Co.,
Inc. ("Contractor"), is made with reference to the following:
R E C I T A L S:
A. City is a municipal corporation duly organized and validly existing under the laws of the State of
California with the power to carry on its business as it is now being conducted under the statutes of the
State of California and the Charter of City.
B. Contractor is a Corporation duly organized and in good standing in the State of California ,
Contractor’s License Number 331024. Contractor represents that it is duly licensed by the State of
California and has the background, knowledge, experience and expertise to perform the obligations set
forth in this Construction Contract.
C. On March 07, 2013 , City issued an Invitation for Bids (IFB) to contractors for the the City of Palo
Alto Main Library Expansion and Renovation Project (“Project”). In response to the IFB, Contractor
submitted a bid.
D. City and Contractor desire to enter into this Construction Contract for the Project, and other
services as identified in the Bid Documents for the Project upon the following terms and conditions.
NOW THEREFORE, in consideration of the mutual promises and undertakings hereinafter set forth
and for other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, it is mutually agreed by and between the undersigned parties as follows:
SECTION 1 INCORPORATION OF RECITALS AND DEFINITIONS.
1.1 Recitals.
All of the recitals are incorporated herein by reference.
1.2 Definitions.
Capitalized terms shall have the meanings set forth in this Construction Contract and/or in the
General Conditions. If there is a conflict between the definitions in this Construction Contract and
in the General Conditions, the definitions in this Construction Contract shall prevail.
SECTION 2 THE PROJECT.
The Project is the City of Palo Alto Main Library Expansion and Renovation Project, located at 1213 Newell
Road, Palo Alto, CA. 94303 ("Project").
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SECTION 3 THE CONTRACT DOCUMENTS.
3.1 List of Documents.
The Contract Documents (sometimes collectively referred to as “Agreement” or “Bid Documents”) consist
of the following documents which are on file with the Purchasing Division and are hereby incorporated by
reference.
1) Change Orders
2) Field Orders
3) Contract
4) Bidding Addenda
5) Special Provisions
6) General Conditions
7) Project Plans and Drawings
8) Technical Specifications
9) Notice Inviting Bids
10) Instructions to Bidders
11) Invitation for Bids
12) Contractor's Bid/Non-Collusion Affidavit
13) Reports listed in the Bidding Documents
14) Public Works Department’s Standard Drawings and Specifications (most current version at
time of Bid)
15) Utilities Department’s Water, Gas, Wastewater, Electric Utilities Standards (most current
version at time of Bid)
16) City of Palo Alto Traffic Control Requirements
17) City of Palo Alto Truck Route Map and Regulations
18) Notice Inviting Pre-Qualification Statements, Pre-Qualification Statement, and Pre-
Qualification Checklist (if applicable)
19) Performance and Payment Bonds
20) Insurance Forms
3.2 Order of Precedence.
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For the purposes of construing, interpreting and resolving inconsistencies between and among the
provisions of this Contract, the Contract Documents shall have the order of precedence as set forth in the
preceding section. If a claimed inconsistency cannot be resolved through the order of precedence, the City
shall have the sole power to decide which document or provision shall govern as may be in the best
interests of the City.
SECTION 4 THE WORK.
The Work includes all labor, materials, equipment, services, permits, fees, licenses and taxes, and all other
things necessary for Contractor to perform its obligations and complete the Project, including, without
limitation, any Changes approved by City, in accordance with the Contract Documents and all Applicable
Code Requirements.
SECTION 5 PROJECT TEAM.
In addition to Contractor, City has retained, or may retain, consultants and contractors to provide
professional and technical consultation for the design and construction of the Project. The Project requires
that Contractor operate efficiently, effectively and cooperatively with City as well as all other members of
the Project Team and other contractors retained by City to construct other portions of the Project.
SECTION 6 TIME OF COMPLETION.
6.1 Time Is of Essence.
Time is of the essence with respect to all time limits set forth in the Contract Documents.
6.2 Commencement of Work.
Contractor shall commence the Work on the date specified in City’s Notice to Proceed.
6.3 Contract Time.
Work hereunder shall begin on the date specified on the City’s Notice to Proceed and shall be
completed
not later than .
within Four Hundred Forty calendar days (440) after the commencement date
specified in City’s Notice to Proceed.
6.4 Liquidated Damages.
6.4.1 Entitlement.
City and Contractor acknowledge and agree that if Contractor fails to fully and satisfactorily
complete the Work within the Contract Time, City will suffer, as a result of Contractor’s failure,
substantial damages which are both extremely difficult and impracticable to ascertain and
quantify. Such damages may include, but are not limited to:
(i) Loss of public confidence in City and its contractors and consultants.
(ii) Loss of public use of public facilities.
(iii) Extended disruption to the public.
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6.4.2 Daily Amount.
If Contractor fails to achieve Substantial Completion of the entire Work within the Contract Time,
including any approved extensions thereto, City may assess liquidated damages on a daily basis
for each day of Unexcused Delay in achieving Substantial Completion, based on the amount of two
thousand dollars ($2,000.00) per day, or as otherwise specified in the Special Provisions.
Liquidated damages may also be separately assessed for failure to meet milestones specified
elsewhere in the Contract Documents, regardless of impact on the time for achieving Substantial
Completion. The assessment of liquidated damages is not a penalty but considered to be a
reasonable estimate of the amount of damages City will suffer by delay in completion of the
Work. The City is entitled to setoff the amount of liquidated damages assessed against any
payments otherwise due to Contractor, including, but not limited to, setoff against release of
retention. If the total amount of liquidated damages assessed exceeds the amount of unreleased
retention, City is entitled to recover the balance from Contractor or its sureties. Occupancy or use
of the Project in whole or in part prior to Substantial Completion, shall not operate as a waiver of
City’s right to assess liquidated damages.
6.4.4 Other Remedies.
City is entitled to any and all available legal and equitable remedies City may have where City’s
Losses are caused by any reason other than Contractor’s failure to achieve Substantial Completion
of the entire Work within the Contract Time.
6.5 Adjustments to Contract Time.
The Contract Time may only be adjusted for time extensions approved by City and memorialized
in a Change Order approved in accordance with the requirements of the Contract Documents.
SECTION 7 COMPENSATION TO CONTRACTOR.
7.1 Contract Sum.
Contractor shall be compensated for satisfactory completion of the Work in compliance with the
Contract Documents the Contract Sum of Seventeen Million Seven Hundred Seven Thousand
Dollars Dollars ($17,707,000.00).
[This amount includes the Base Bid and Add Alternates Number 1 (Deduct).]
7.2 Full Compensation.
The Contract Sum shall be full compensation to Contractor for all Work provided by Contractor
and, except as otherwise expressly permitted by the terms of the Contract Documents, shall cover all
Losses arising out of the nature of the Work or from the acts of the elements or any unforeseen difficulties
or obstructions which may arise or be encountered in performance of the Work until its Acceptance by
City, all risks connected with the Work, and any and all expenses incurred due to suspension or
discontinuance of the Work. The Contract Sum may only be adjusted for Change Orders approved in
accordance with the requirements of the Contract Documents.
SECTION 8 STANDARD OF CARE.
Contractor agrees that the Work shall be performed by qualified, experienced and well-supervised
personnel. All services performed in connection with this Construction Contract shall be performed in a
manner consistent with the standard of care under California law applicable to those who specialize in
providing such services for projects of the type, scope and complexity of the Project.
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SECTION 9 INDEMNIFICATION.
9.1 Hold Harmless.
To the fullest extent allowed by law, Contractor will defend, indemnify, and hold harmless City, its
City Council, boards and commissions, officers, agents, employees, representatives and volunteers
(hereinafter collectively referred to as "Indemnitees"), through legal counsel acceptable to City,
from and against any and all Losses arising directly or indirectly from, or in any manner relating to
any of, the following:
(i) Performance or nonperformance of the Work by Contractor or its Subcontractors or Sub-
subcontractors, of any tier;
(ii) Performance or nonperformance by Contractor or its Subcontractors or Sub-
subcontractors of any tier, of any of the obligations under the Contract Documents;
(iii) The construction activities of Contractor or its Subcontractors or Sub-subcontractors, of
any tier, either on the Site or on other properties;
(iv) The payment or nonpayment by Contractor to any of its employees, Subcontractors or
Sub-subcontractors of any tier, for Work performed on or off the Site for the Project; and
(v) Any personal injury, property damage or economic loss to third persons associated with
the performance or nonperformance by Contractor or its Subcontractors or Sub-
subcontractors of any tier, of the Work.
However, nothing herein shall obligate Contractor to indemnify any Indemnitee for Losses
resulting from the sole or active negligence or willful misconduct of the Indemnitee. Contractor
shall pay City for any costs City incurs to enforce this provision. Nothing in the Contract
Documents shall be construed to give rise to any implied right of indemnity in favor of Contractor
against City or any other Indemnitee.
9.2 Survival.
The provisions of Section 9 shall survive the termination of this Construction Contract.
SECTION 10 NONDISCRIMINATION.
As set forth in Palo Alto Municipal Code section 2.30.510, Contractor certifies that in the performance of
this Agreement, it shall not discriminate in the employment of any person because of the race, skin color,
gender, age, religion, disability, national origin, ancestry, sexual orientation, housing status, marital status,
familial status, weight or height of such person. Contractor acknowledges that it has read and understands
the provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination
Requirements and the penalties for violation thereof, and will comply with all requirements of Section
2.30.510 pertaining to nondiscrimination in employment.
SECTION 11 INSURANCE AND BONDS.
On or before the Execution Date, Contractor shall provide City with evidence that it has obtained insurance
and Performance and Payment Bonds satisfying all requirements in Article 11 of the General Conditions.
Failure to do so shall be deemed a material breach of this Construction Contract.
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SECTION 12 PROHIBITION AGAINST TRANSFERS.
City is entering into this Construction Contract based upon the stated experience and qualifications of the
Contractor and its subcontractors set forth in Contractor’s Bid. Accordingly, Contractor shall not assign,
hypothecate or transfer this Construction Contract or any interest therein directly or indirectly, by
operation of law or otherwise without the prior written consent of City. Any assignment, hypothecation or
transfer without said consent shall be null and void, and shall be deemed a substantial breach of contract
and grounds for default in addition to any other legal or equitable remedy available to the City.
The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of
Contractor or of any general partner or joint venturer or syndicate member of Contractor, if the Contractor
is a partnership or joint venture or syndicate or co-tenancy shall result in changing the control of
Contractor, shall be construed as an assignment of this Construction Contract. Control means more than
fifty percent (50%) of the voting power of the corporation or other entity.
SECTION 13 NOTICES.
13.1 Method of Notice.
All notices, demands, requests or approvals to be given under this Construction Contract shall be given in
writing and shall be deemed served on the earlier of the following:
(i) On the date delivered if delivered personally;
(ii) On the third business day after the deposit thereof in the United States mail, postage prepaid, and
addressed as hereinafter provided;
(iii) On the date sent if sent by facsimile transmission;
(iv) On the date sent if delivered by electronic mail; or
(v) On the date it is accepted or rejected if sent by certified mail.
13.2 Notice Recipients.
All notices, demands or requests (including, without limitation, Claims) from Contractor to City
shall include the Project name and the number of this Construction Contract and shall be
addressed to City at:
To City: City of Palo Alto
City Clerk
250 Hamilton Avenue
P.O. Box 10250
Palo Alto, CA 94303
Copy to: City of Palo Alto
Public Works Administration
250 Hamilton Avenue
Palo Alto, CA 94301
Attn: Matt Raschke
AND
City of Palo Alto
Utilities Engineering
250 Hamilton Avenue
Palo Alto, CA 94301
Attn:
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In addition, copies of all Claims by Contractor under this Construction Contract shall be provided
to the following:
Palo Alto City Attorney’s Office
250 Hamilton Avenue
P.O. Box 10250
Palo Alto, California 94303
All Claims shall be delivered personally or sent by certified mail.
All notices, demands, requests or approvals from City to Contractor shall be addressed to:
S.J. Amoroso Construction Co., Inc.
390 Bridge Parkway
Redwood Shores, Ca 94065
13.3 Change of Address.
In the event of any change of address, the moving party shall notify the other party of the change
of address in writing. Each party may, by written notice only, add, delete or replace any
individuals to whom and addresses to which notice shall be provided.
SECTION 14 [Intentionally Omitted.]
SECTION 15 DEFAULT.
15.1 Notice of Default.
In the event that City determines, in its sole discretion, that Contractor has failed or refused to
perform any of the obligations set forth in the Contract Documents, or is in breach of any
provision of the Contract Documents, City may give written notice of default to Contractor in the
manner specified for the giving of notices in the Construction Contract.
15.2 Opportunity to Cure Default.
Except for emergencies, Contractor shall cure any default in performance of its obligations under
the Contract Documents within two (2) Days (or such shorter time as City may reasonably require)
after receipt of written notice. However, if the breach cannot be reasonably cured within such
time, Contractor will commence to cure the breach within two (2) Days (or such shorter time as
City may reasonably require) and will diligently and continuously prosecute such cure to
completion within a reasonable time, which shall in no event be later than ten (10) Days after
receipt of such written notice.
SECTION 16 CITY'S RIGHTS AND REMEDIES.
16.1 Remedies Upon Default.
If Contractor fails to cure any default of this Construction Contract within the time period set forth
above in Section 15, then City may pursue any remedies available under law or equity, including,
without limitation, the following:
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16.1.1 Delete Certain Services.
City may, without terminating the Construction Contract, delete certain portions of the
Work, reserving to itself all rights to Losses related thereto.
16.1.2 Perform and Withhold.
City may, without terminating the Construction Contract, engage others to perform the
Work or portion of the Work that has not been adequately performed by Contractor and
withhold the cost thereof to City from future payments to Contractor, reserving to itself
all rights to Losses related thereto.
16.1.3 Suspend The Construction Contract.
City may, without terminating the Construction Contract and reserving to itself all rights
to Losses related thereto, suspend all or any portion of this Construction Contract for as
long a period of time as City determines, in its sole discretion, appropriate, in which
event City shall have no obligation to adjust the Contract Sum or Contract Time, and shall
have no liability to Contractor for damages if City directs Contractor to resume Work.
16.1.4 Terminate the Construction Contract for Default.
City shall have the right to terminate this Construction Contract, in whole or in part, upon
the failure of Contractor to promptly cure any default as required by Section 15. City’s
election to terminate the Construction Contract for default shall be communicated by
giving Contractor a written notice of termination in the manner specified for the giving of
notices in the Construction Contract. Any notice of termination given to Contractor by
City shall be effective immediately, unless otherwise provided therein.
16.1.5 Invoke the Performance Bond.
City may, with or without terminating the Construction Contract and reserving to itself all
rights to Losses related thereto, exercise its rights under the Performance Bond.
16.1.6 Additional Provisions.
All of City’s rights and remedies under this Construction Contract are cumulative, and
shall be in addition to those rights and remedies available in law or in equity.
Designation in the Contract Documents of certain breaches as material shall not waive
the City’s authority to designate other breaches as material nor limit City’s right to
terminate the Construction Contract, or prevent the City from terminating the
Agreement for breaches that are not material. City’s determination of whether there has
been noncompliance with the Construction Contract so as to warrant exercise by City of
its rights and remedies for default under the Construction Contract, shall be binding on
all parties. No termination or action taken by City after such termination shall prejudice
any other rights or remedies of City provided by law or equity or by the Contract
Documents upon such termination; and City may proceed against Contractor to recover
all liquidated damages and Losses suffered by City.
16.2 Delays by Sureties.
Without limiting to any of City’s other rights or remedies, City has the right to suspend the
performance of the Work by Contractor’s sureties in the event of any of the following:
(i) The sureties’ failure to begin Work within a reasonable time in such manner as to insure
full compliance with the Construction Contract within the Contract Time;
(ii) The sureties’ abandonment of the Work;
(iii) If at any time City is of the opinion the sureties’ Work is unnecessarily or unreasonably
delaying the Work;
(iv) The sureties’ violation of any terms of the Construction Contract;
(v) The sureties’ failure to perform according to the Contract Documents; or
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(vi) The sureties’ failure to follow City’s instructions for completion of the Work within the
Contract Time.
16.3 Damages to City.
16.3.1 For Contractor's Default.
City will be entitled to recovery of all Losses under law or equity in the event of
Contractor’s default under the Contract Documents.
16.3.2 Compensation for Losses.
In the event that City's Losses arise from Contractor’s default under the Contract
Documents, City shall be entitled to withhold monies otherwise payable to Contractor
until Final Completion of the Project. If City incurs Losses due to Contractor’s default,
then the amount of Losses shall be deducted from the amounts withheld. Should the
amount withheld exceed the amount deducted, the balance will be paid to Contractor or
its designee upon Final Completion of the Project. If the Losses incurred by City exceed
the amount withheld, Contractor shall be liable to City for the difference and shall
promptly remit same to City.
16.4 Suspension by City for Convenience.
City may, at any time and from time to time, without cause, order Contractor, in writing, to
suspend, delay, or interrupt the Work in whole or in part for such period of time, up to an
aggregate of fifty percent (50%) of the Contract Time. The order shall be specifically identified as
a Suspension Order by City. Upon receipt of a Suspension Order, Contractor shall, at City’s
expense, comply with the order and take all reasonable steps to minimize costs allocable to the
Work covered by the Suspension Order. During the Suspension or extension of the Suspension, if
any, City shall either cancel the Suspension Order or, by Change Order, delete the Work covered
by the Suspension Order. If a Suspension Order is canceled or expires, Contractor shall resume
and continue with the Work. A Change Order will be issued to cover any adjustments of the
Contract Sum or the Contract Time necessarily caused by such suspension. A Suspension Order
shall not be the exclusive method for City to stop the Work.
16.5 Termination Without Cause.
City may, at its sole discretion and without cause, terminate this Construction Contract in part or
in whole by giving thirty (30) Days written notice to Contractor. The compensation allowed under
this Paragraph 16.5 shall be the Contractor’s sole and exclusive compensation for such
termination and Contractor waives any claim for other compensation or Losses, including, but not
limited to, loss of anticipated profits, loss of revenue, lost opportunity, or other consequential,
direct, indirect or incidental damages of any kind resulting from termination without cause.
Termination pursuant to this provision does not relieve Contractor or its sureties from any of their
obligations for Losses arising from or related to the Work performed by Contractor.
16.5.1 Compensation.
Following such termination and within forty-five (45) Days after receipt of a billing from
Contractor seeking payment of sums authorized by this Paragraph 16.5, City shall pay the
following to Contractor as Contractor’s sole compensation for performance of the Work :
.1 For Work Performed. The amount of the Contract Sum allocable to the portion
of the Work properly performed by Contractor as of the date of termination,
less sums previously paid to Contractor.
.2 For Close-out Costs. Reasonable costs of Contractor and its Subcontractors:
(i) Demobilizing and
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(ii) Administering the close-out of its participation in the Project (including,
without limitation, all billing and accounting functions, not including
attorney or expert fees) for a period of no longer than thirty (30) Days
after receipt of the notice of termination.
.3 For Fabricated Items. Previously unpaid cost of any items delivered to the
Project Site which were fabricated for subsequent incorporation in the Work.
.4 Profit Allowance. An allowance for profit calculated as four percent (4%) of
the sum of the above items, provided Contractor can prove a likelihood that it
would have made a profit if the Construction Contract had not been terminated.
16.5.2 Subcontractors.
Contractor shall include provisions in all of its subcontracts, purchase orders and other
contracts permitting termination for convenience by Contractor on terms that are
consistent with this Construction Contract and that afford no greater rights of recovery
against Contractor than are afforded to Contractor against City under this Section.
16.6 Contractor’s Duties Upon Termination.
Upon receipt of a notice of termination for default or for convenience, Contractor shall, unless the
notice directs otherwise, do the following:
(i) Immediately discontinue the Work to the extent specified in the notice;
(ii) Place no further orders or subcontracts for materials, equipment, services or facilities,
except as may be necessary for completion of such portion of the Work that is not
discontinued;
(iii) Provide to City a description, in writing no later than fifteen (15) days after receipt of the
notice of termination, of all subcontracts, purchase orders and contracts that are
outstanding, including, without limitation, the terms of the original price, any changes,
payments, balance owing, the status of the portion of the Work covered and a copy of
the subcontract, purchase order or contract and any written changes, amendments or
modifications thereto, together with such other information as City may determine
necessary in order to decide whether to accept assignment of or request Contractor to
terminate the subcontract, purchase order or contract;
(iv) Promptly assign to City those subcontracts, purchase orders or contracts, or portions
thereof, that City elects to accept by assignment and cancel, on the most favorable terms
reasonably possible, all subcontracts, purchase orders or contracts, or portions thereof,
that City does not elect to accept by assignment; and
(v) Thereafter do only such Work as may be necessary to preserve and protect Work already
in progress and to protect materials, plants, and equipment on the Project Site or in
transit thereto.
SECTION 17 CONTRACTOR'S RIGHTS AND REMEDIES.
17.1 Contractor’s Remedies.
Contractor may terminate this Construction Contract only upon the occurrence of one of the
following:
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17.1.1 For Work Stoppage.
The Work is stopped for sixty (60) consecutive Days, through no act or fault of
Contractor, any Subcontractor, or any employee or agent of Contractor or any
Subcontractor, due to issuance of an order of a court or other public authority other than
City having jurisdiction or due to an act of government, such as a declaration of a national
emergency making material unavailable. This provision shall not apply to any work
stoppage resulting from the City’s issuance of a suspension notice issued either for cause
or for convenience.
17.1.2 For City's Non-Payment.
If City does not make pay Contractor undisputed sums within ninety (90) Days after
receipt of notice from Contractor, Contractor may terminate the Construction Contract
(30) days following a second notice to City of Contractor’s intention to terminate the
Construction Contract.
17.2 Damages to Contractor.
In the event of termination for cause by Contractor, City shall pay Contractor the sums provided
for in Paragraph 16.5.1 above. Contractor agrees to accept such sums as its sole and exclusive
compensation and agrees to waive any claim for other compensation or Losses, including, but not
limited to, loss of anticipated profits, loss of revenue, lost opportunity, or other consequential,
direct, indirect and incidental damages, of any kind.
SECTION 18 ACCOUNTING RECORDS.
18.1 Financial Management and City Access.
Contractor shall keep full and detailed accounts and exercise such controls as may be necessary
for proper financial management under this Construction Contract in accordance with generally
accepted accounting principles and practices. City and City's accountants during normal business
hours, may inspect, audit and copy Contractor's records, books, estimates, take-offs, cost reports,
ledgers, schedules, correspondence, instructions, drawings, receipts, subcontracts, purchase
orders, vouchers, memoranda and other data relating to this Project. Contractor shall retain these
documents for a period of three (3) years after the later of (i) final payment or (ii) final resolution
of all Contract Disputes and other disputes, or (iii) for such longer period as may be required by
law.
18.2 Compliance with City Requests.
Contractor's compliance with any request by City pursuant to this Section 18 shall be a condition
precedent to filing or maintenance of any legal action or proceeding by Contractor against City
and to Contractor's right to receive further payments under the Contract Documents. City many
enforce Contractor’s obligation to provide access to City of its business and other records referred
to in Section 18.1 for inspection or copying by issuance of a writ or a provisional or permanent
mandatory injunction by a court of competent jurisdiction based on affidavits submitted to such
court, without the necessity of oral testimony.
SECTION 19 INDEPENDENT PARTIES.
Each party is acting in its independent capacity and not as agents, employees, partners, or joint ventures’
of the other party. City, its officers or employees shall have no control over the conduct of Contractor or
its respective agents, employees, subconsultants, or subcontractors, except as herein set forth.
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SECTION 20 NUISANCE.
Contractor shall not maintain, commit, nor permit the maintenance or commission of any nuisance in
connection in the performance of services under this Construction Contract.
SECTION 21 PERMITS AND LICENSES.
Except as otherwise provided in the Special Provisions and Technical Specifications, The Contractor shall
provide, procure and pay for all licenses, permits, and fees, required by the City or other government
jurisdictions or agencies necessary to carry out and complete the Work. Payment of all costs and expenses
for such licenses, permits, and fees shall be included in one or more Bid items. No other compensation
shall be paid to the Contractor for these items or for delays caused by non-City inspectors or conditions set
forth in the licenses or permits issued by other agencies.
SECTION 22 WAIVER.
A waiver by either party of any breach of any term, covenant, or condition contained herein shall not be
deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition
contained herein, whether of the same or a different character.
SECTION 23 GOVERNING LAW.
This Construction Contract shall be construed in accordance with and governed by the laws of the State of
California.
SECTION 24 COMPLETE AGREEMENT.
This Agreement represents the entire and integrated agreement between the parties and supersedes all
prior negotiations, representations, and contracts, either written or oral. This Agreement may be amended
only by a written instrument, which is signed by the parties.
SECTION 25 SURVIVAL OF CONTRACT.
The provisions of the Construction Contract which by their nature survive termination of the Construction
Contract or Final Completion, including, without limitation, all warranties, indemnities, payment
obligations, and City’s right to audit Contractor’s books and records, shall remain in full force and effect
after Final Completion or any termination of the Construction Contract.
SECTION 26 PREVAILING WAGES.
This Project is not subject to prevailing wages. The Contractor is not required to pay prevailing wages in
the performance and implementation of the Project, because the City, pursuant to its authority as a
chartered city, has adopted Resolution No. 5981 exempting the City from prevailing wages. The City
invokes the exemption from the state prevailing wage requirement for this Project and declares that the
Project is funded one hundred percent (100%) by the City of Palo Alto.
Or
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The Contractor is required to pay general prevailing wages as defined in Subchapter 3, Title 8 of the
California Code of Regulations and Section 16000 et seq. and Section 1773.1 of the California Labor Code.
Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has
obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work
in this locality for each craft, classification, or type of worker needed to execute the contract for this
Project from the Director of the Department of Industrial Relations. Copies of these rates may be obtained
at cost at the Purchasing office of the City of Palo Alto. Contractor shall provide a copy of prevailing wage
rates to any staff or subcontractor hired, and shall pay the adopted prevailing wage rates as a
minimum. Contractor shall comply with the provisions of Sections 1775, 1776, 1777.5, 1810, and 1813 of
the Labor Code.
SECTION 27 NON APPROPRIATION.
This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto
Municipal Code. This Agreement will terminate without any penalty (a) at the end of any fiscal year in the
event that the City does not appropriate funds for the following fiscal year for this event, 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 Construction Contract are no longer available. This section shall take precedence in the event of a
conflict with any other covenant, term, condition, or provision of this Agreement.
SECTION 28 AUTHORITY.
The individuals executing this Agreement represent and warrant that they have the legal capacity and
authority to do so on behalf of their respective legal entities.
SECTION 29 ATTORNEY FEES.
Each Party shall bear its own costs, including attorney’s fees through the completion of mediation. If the
claim or dispute is not resolved through mediation and in any dispute described in Paragraph 14.2, the
prevailing party in any action brought to enforce the provision of this Agreement may recover its
reasonable costs and attorney’s fees expended in connection with that action. The prevailing party shall
be entitled to recover an amount equal to the fair market value of legal services provided by attorneys
employed by it as well as any attorney’s’ fees paid to third parties.
SECTION 30 COUNTERPARTS
This Agreement may be signed in multiple counterparts, which shall, when executed by all the parties,
constitute a single binding agreement.
SECTION 31 SEVERABILITY.
In case a provision of this Construction Contract is held to be invalid, illegal or unenforceable, the validity,
legality and enforceability of the remaining provisions shall not be affected.
[INTENTIONALLY LEFT BLANK]
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IN WITNESS WHEREOF, the parties have caused this Construction Contract to be executed the
date and year first above written.
CITY OF PALO ALTO
____________________________
Purchasing Manager
City Manager
APPROVED AS TO FORM:
___________________________
Senior Asst. City Attorney
APPROVED:
___________________________
Public Works Director
S.J. Amoroso Construction Co
By:___________________________
Name:_________________________
Title:________________________
Professional Services
C13149972 Rev. June 2, 2010
1
CITY OF PALO ALTO CONTRACT NO. C13149972
AGREEMENT BETWEEN THE CITY OF PALO ALTO AND
GROUP 4 ARCHITECTURE, RESEARCH + PLANNING, INC.
FOR PROFESSIONAL SERVICES
This Agreement is entered into on this 20th day of May, 2013, (“Agreement”) by
and between the CITY OF PALO ALTO, a California chartered municipal corporation
(“CITY”), and GROUP 4 ARCHITECTURE, RESEARCH + PLANNING, INC., a
corporation in the State of California, located at 211 Linden Avenue, South San Francisco, CA
94080 ("CONSULTANT").
RECITALS
The following recitals are a substantive portion of this Agreement.
A. CITY intends to renovate and expand the Main Library (“Project”) and desires to engage
a consultant to provide final signage design, construction administration services, and project
closeout services in connection with the Project (“Services”).
B. CONSULTANT has represented that it has the necessary professional ability,
qualifications, and capability, and all required licenses and/or certifications to provide the
Services.
C. CITY in reliance on these representations desires to engage CONSULTANT to provide
the Services as more fully described in Exhibit “A”, attached to and made a part of this
Agreement.
NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions,
this Agreement, the parties agree:
AGREEMENT
SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described in
Exhibit “A” in accordance with the terms and conditions contained in this Agreement. The
performance of all Services shall be to the reasonable satisfaction of CITY.
Optional On-Call Provision (This provision only applies if checked and only applies to on-
call agreements.)
Services will be authorized by the City, as needed, with a Task Order assigned and approved by
the City’s Project Manager. Each Task Order shall be in substantially the same form as Exhibit
A-1. Each Task Order shall designate a City Project Manager and shall contain a specific scope
of work, a specific schedule of performance and a specific compensation amount. The total price
of all Task Orders issued under this Agreement shall not exceed the amount of Compensation set
forth in Section 4 of this Agreement. CONSULTANT shall only be compensated for work
performed under an authorized Task Order and the City may elect, but is not required, to
authorize work up to the maximum compensation amount set forth in Section 4.
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SECTION 2. TERM.
The term of this Agreement shall be from the date of its full execution through completion of the
services in accordance with the Schedule of Performance attached as Exhibit “B” unless
terminated earlier pursuant to Section 19 of this Agreement.
SECTION 3. SCHEDULE OF PERFORMANCE. Time is of the essences in the
performance of Services under this Agreement. CONSULTANT shall complete the Services
within the term of this Agreement and in accordance with the schedule set forth in Exhibit “B”,
attached to and made a part of this Agreement. Any Services for which times for performance
are not specified in this Agreement shall be commenced and completed by CONSULTANT in a
reasonably prompt and timely manner based upon the circumstances and direction
communicated to the CONSULTANT. CITY’s agreement to extend the term or the schedule for
performance shall not preclude recovery of damages for delay if the extension is required due to
the fault of CONSULTANT. CONSULTANT shall not be responsible for delays beyond its
reasonable control.
SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to
CONSULTANT for performance of the Services described in Exhibit “A”, including both
payment for professional services and reimbursable expenses, shall not exceed one million
twenty-eight thousand one hundred sixty-nine Dollars ($1,028,169). In the event Additional
Services are authorized, the total compensation for services and reimbursable expenses shall not
exceed one million one hundred thirty thousand nine hundred sixty-nine Dollars ($1,130,969).
The applicable rates and schedule of payment are set out in Exhibit “C-1”, entitled “HOURLY
RATE SCHEDULE,” which is attached to and made a part of this Agreement.
Additional Services, if any, shall be authorized in accordance with and subject to the provisions
of Exhibit “C”. CONSULTANT shall not receive any compensation for Additional Services
performed without the prior written authorization of CITY. Additional Services shall mean any
work that is determined by CITY to be necessary for the proper completion of the Project, but
which is not included within the Scope of Services described in Exhibit “A”.
SECTION 5. INVOICES. In order to request payment, CONSULTANT shall submit monthly
invoices to the CITY describing the services performed and the applicable charges set forth
Exhibit C. The invoice shall also describe the percentage of completion of each task. The
information in CONSULTANT’s payment requests shall be subject to verification by CITY.
CONSULTANT shall send all invoices to the City’s project manager at the address specified in
Section 13 below. The City will generally process and pay invoices within thirty (30) days of
receipt.
SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All of the Services shall be
performed by CONSULTANT or under CONSULTANT’s supervision. CONSULTANT
represents that it possesses the professional and technical personnel necessary to perform the
Services required by this Agreement and that the personnel have sufficient skill and experience
to perform the Services assigned to them. CONSULTANT represents that it, its employees and
subconsultants, if permitted, have and shall maintain during the term of this Agreement all
licenses, permits, qualifications, insurance and approvals of whatever nature that are legally
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required to perform the Services.
All of the services to be furnished by CONSULTANT under this agreement shall meet the
professional standard and quality that prevail among professionals in the same discipline and of
similar knowledge and skill engaged in related work throughout California under the same or
similar circumstances.
SECTION 7. COMPLIANCE WITH LAWS. In accordance with the standard of care
described in Section 6, CONSULTANT shall keep itself informed of and in compliance with all
federal, state and local laws, ordinances, regulations, and orders that may affect in any manner
the Project or the performance of the Services or those engaged to perform Services under this
Agreement. CONSULTANT shall procure all permits and licenses, pay all charges and fees, and
give all notices required by law in the performance of the Services.
SECTION 8. ERRORS/OMISSIONS. CONSULTANT shall correct, at no cost to CITY, any
and all errors, omissions, or ambiguities in the work product submitted to CITY, provided CITY
gives notice to CONSULTANT. If CONSULTANT has prepared plans and specifications or
other design documents to construct the Project, CONSULTANT shall be obligated to correct
any and all errors, omissions or ambiguities discovered prior to and during the course of
construction of the Project. This obligation shall survive termination of the Agreement.
SECTION 9. NOT USED
SECTION 10. INDEPENDENT CONTRACTOR. It is understood and agreed that in
performing the Services under this Agreement CONSULTANT, and any person employed by or
contracted with CONSULTANT to furnish labor and/or materials under this Agreement, shall act
as and be an independent contractor and not an agent or employee of the CITY.
SECTION 11. ASSIGNMENT. The parties agree that the experience of CONSULTANT is a
material consideration for this Agreement. Other than the portions of the project assigned to the
CONSULTANT’S subconsultants, CONSULTANT shall not assign or transfer any interest in
this Agreement nor the performance of any of CONSULTANT’s obligations hereunder without
the prior written consent of the city manager. Consent to one assignment will not be deemed to
be consent to any subsequent assignment. Any assignment made without the approval of the city
manager will be void.
SECTION 12. SUBCONTRACTING.
Option A: No Subcontractor: CONSULTANT shall not subcontract any portion of the work
to be performed under this Agreement without the prior written authorization of the city manager
or designee.
■ Option B: Subcontracts Authorized: Notwithstanding Section 11 above, CITY agrees that
subconsultants may be used to complete the Services. The subconsultants authorized by CITY to
perform work on this Project are: Page and Moris, BKF, David Gates and Associates,
Rutherford and Chekene, Guttman and Blavoet, O'Mahoney & Myer, Smith Fause McDonald,
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Studio Wilks, Garavalia Architecture, GRD, Davis Langdon, Kleinfelder, Linda Stansen, Door
Hardware Consultants, AME, and D.Babby.
CONSULTANT shall be responsible for directing the work of any subconsultants and for any
compensation due to subconsultants. CITY assumes no responsibility whatsoever concerning
compensation. CONSULTANT shall be fully responsible to CITY for all acts and omissions of a
subconsultant. CONSULTANT shall change or add subconsultants only with the prior approval
of the city manager or his designee.
SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign as the to have
supervisory responsibility for the performance, progress, and execution of the Services and
Johnathan Hartman as the project managerto represent CONSULTANT during the day-to-day
work on the Project. If circumstances cause the substitution of the project director, project
coordinator, or any other key personnel for any reason, the appointment of a substitute project
director and the assignment of any key new or replacement personnel will be subject to the prior
written approval of the CITY’s project manager. CONSULTANT, at CITY’s request, shall
promptly remove personnel who CITY finds do not perform the Services in an acceptable
manner, are uncooperative, or present a threat to the adequate or timely completion of the Project
or a threat to the safety of persons or property.
The City’s project manager is Matt Raschke, Public Works Department, Engineering Services
Division, 250 Hamilton Avenue, 6th Floor, Palo Alto, CA 94303, Telephone: (650) 496-5937.
The project manager will be CONSULTANT’s point of contact with respect to performance,
progress and execution of the Services. The CITY may designate an alternate project manager
from time to time.
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SECTION 14. OWNERSHIP OF MATERIALS. Upon delivery, all work product, including
without limitation, all writings, drawings, plans, reports, specifications, calculations, documents,
other materials and copyright interests developed under this Agreement shall be and remain the
exclusive property of CITY without restriction or limitation upon their use. CONSULTANT agrees
that all copyrights which arise from creation of the work pursuant to this Agreement shall be vested
in CITY, and CONSULTANT waives and relinquishes all claims to copyright or other intellectual
property rights in favor of the CITY. Neither CONSULTANT nor its subconsultants, if any, shall
make any of such materials available to any individual or organization without the prior written
approval of the City Manager or designee. CONSULTANT makes no representation of the
suitability of the work product for use in or application to circumstances not contemplated by the
scope of work.
SECTION 15. AUDITS. CONSULTANT will permit CITY to audit, at any reasonable time
during the term of this Agreement and for three (3) years thereafter, CONSULTANT’s records
pertaining to matters covered by this Agreement. CONSULTANT further agrees to maintain and
retain such records for at least three (3) years after the expiration or earlier termination of this
Agreement.
SECTION 16. INDEMNITY. CONSULTANT shall indemnify, but shall have no obligation to
defend CITY, its Council members, officers, employees (each an “Indemnified Party”) from and
against liability for damages to the extent actually caused by the negligence, recklessness, or willful
misconduct of the CONSULTANT, its officers, employees, agents or contractors under this
Agreement, regardless of whether or not it is caused in part by an Indemnified Party.
SECTION 17. WAIVERS. The waiver by either party of any breach or violation of any covenant,
term, condition or provision of this Agreement, or of the provisions of any ordinance or law, will
not be deemed to be a waiver of any other term, covenant, condition, provisions, ordinance or law,
or of any subsequent breach or violation of the same or of any other term, covenant, condition,
provision, ordinance or law.
SECTION 18. INSURANCE.
18.1. CONSULTANT, at its sole cost and expense, shall obtain and maintain, in
full force and effect during the term of this Agreement, the insurance coverage described in Exhibit
"D". CONSULTANT and its contractors, if any, shall obtain a policy endorsement naming CITY as
an additional insured under any general liability or automobile policy or policies.
18.2. All insurance coverage required hereunder shall be provided through carriers
with AM Best’s Key Rating Guide ratings of A-:VII or higher which are licensed or authorized to
transact insurance business in the State of California. Any and all subconsultants of
CONSULTANT retained to perform Services under this Agreement shall obtain and maintain, in
full force and effect during the term of this Agreement, insurance coverage naming CITY as an
additional insured under such policies as required above.
18.3. Certificates evidencing such insurance shall be filed with CITY concurrently
with the execution of this Agreement. The certificates will be subject to the approval of CITY’s
Risk Manager and will contain an endorsement stating that the insurance is primary coverage and
will not be canceled, by the insurer except after filing with the Purchasing Manager thirty (30) days'
prior written notice of the cancellation, CONSULTANT shall be responsible for ensuring that
current certificates evidencing the insurance are provided to CITY’s Purchasing Manager during the
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entire term of this Agreement.
18.4 Contractor Insurance and Indemnity Requirements: The CITY agrees, in any
construction contracts in connection with the Project, to require all contractors of any tier to carry
statutory Workers Compensation Insurance, Employers Liability Insurance and appropriate limits
of Commercial General Liability Insurance (CGL). The CITY further agrees to require all
contractors to have their CGL policies endorsed to name the CITY, the CONSULTANT and its
subconsultants as Additional Insured, on a primary and noncontributory basis, and to provide
Contractual Liability coverage sufficient to insure the hold harmless and indemnity obligations
assumed by the contractors. The CITY shall require all contractors to furnish to the CITY and the
CONSULTANT certificates of insurance as evidence of the required insurance as evidence of the
required insurance prior to commencing work and upon renewal of each policy during the entire
period of construction. In addition, the Client shall require that all contractors will, to the fullest
extent permitted by laws, indemnify and hold armless the CITY, the CONSULTANT and its
subconsultants from and against any damages, liabilities or costs, including reasonable attorneys’
fees and defense costs, arising out of or in any way connected with the Project, including all claims
by employees of the contractors.
SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES.
19.1. The City Manager may suspend the performance of the Services, in whole or
in part, or terminate this Agreement, with or without cause, by giving ten (10) days prior written
notice thereof to CONSULTANT. Upon receipt of such notice, CONSULTANT will immediately
discontinue its performance of the Services.
19.2. CONSULTANT may terminate this Agreement or suspend its performance
of the Services by giving thirty (30) days prior written notice thereof to CITY, but only in the event
of a substantial failure of performance by CITY.
19.3. Upon such suspension or termination, CONSULTANT shall deliver to the
City Manager immediately any and all copies of studies, sketches, drawings, computations, and
other data, whether or not completed, prepared by CONSULTANT or its contractors, if any, or
given to CONSULTANT or its contractors, if any, in connection with this Agreement. Such
materials will become the property of CITY.
19.4. Upon such suspension or termination by CITY, CONSULTANT will be paid
for the Services rendered or materials delivered to CITY in accordance with the scope of services
on or before the effective date (i.e., 10 days after giving notice) of suspension or termination;
provided, however, if this Agreement is suspended or terminated on account of a default by
CONSULTANT, CITY will be obligated to compensate CONSULTANT upon delivery of
completed or in-progress documents only for the portion of Services completed prior to such
termination. The following Sections will survive any expiration or termination of this Agreement:
14, 15, 16, 19.4, 20, and 25.
19.5. No payment, partial payment, acceptance, or partial acceptance by CITY will
operate as a waiver on the part of CITY of any of its rights under this Agreement.
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SECTION 20. NOTICES.
All notices hereunder will be given in writing and mailed, postage prepaid, by
certified mail, addressed as follows:
To CITY: Office of the City Clerk
City of Palo Alto
Post Office Box 10250
Palo Alto, CA 94303
With a copy to the Purchasing Manager
To CONSULTANT: Attention of the project director
at the address of CONSULTANT recited above
SECTION 21. CONFLICT OF INTEREST.
21.1. In accepting this Agreement, CONSULTANT covenants that it presently has
no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would
conflict in any manner or degree with the performance of the Services.
21.2. CONSULTANT further covenants that, in the performance of this
Agreement, it will not employ subconsultants, contractors or persons having such an interest.
CONSULTANT certifies that no person who has or will have any financial interest under this
Agreement is an officer or employee of CITY; this provision will be interpreted in accordance with
the applicable provisions of the Palo Alto Municipal Code and the Government Code of the State of
California.
21.3. If the Project Manager determines that CONSULTANT is a “Consultant” as
that term is defined by the Regulations of the Fair Political Practices Commission, CONSULTANT
shall be required and agrees to file the appropriate financial disclosure documents required by the
Palo Alto Municipal Code and the Political Reform Act.
SECTION 22. NONDISCRIMINATION. As set forth in Palo Alto Municipal Code section
2.30.510, CONSULTANT certifies that in the performance of this Agreement, it shall not
discriminate in the employment of any person because of the race, skin color, gender, age, religion,
disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status,
weight or height of such person. CONSULTANT acknowledges that it has read and understands the
provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination
Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section
2.30.510 pertaining to nondiscrimination in employment.
SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE
REQUIREMENTS. CONSULTANT shall comply with the City’s Environmentally Preferred
Purchasing policies which are available at the City’s Purchasing Department, incorporated by
reference and may be amended from time to time. CONSULTANT shall comply with waste
reduction, reuse, recycling and disposal requirements of the City’s Zero Waste Program. Zero
Waste best practices include first minimizing and reducing waste; second, reusing waste and third,
recycling or composting waste. In particular, Consultant shall comply with the following zero
waste requirements:
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All printed materials provided by Consultant to City generated from a personal
computer and printer including but not limited to, proposals, quotes, invoices,
reports, and public education materials, shall be double-sided and printed on a
minimum of 30% or greater post-consumer content paper, unless otherwise approved
by the 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.
Goods purchased by Consultant on behalf of the City shall be purchased in
accordance with the City’s Environmental Purchasing Policy including but not
limited to Extended Producer Responsibility requirements for products and
packaging. A copy of this policy is on file at the Purchasing Office.
Reusable/returnable pallets shall be taken back by the Consultant, at no additional
cost to the City, for reuse or recycling. Consultant shall provide documentation from
the facility accepting the pallets to verify that pallets are not being disposed.
SECTION 24. NON-APPROPRIATION
24.1. This Agreement is subject to the fiscal provisions of the Charter of the City
of Palo Alto and the Palo Alto Municipal Code. This Agreement will terminate without any penalty
(a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal
year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a
portion of the fiscal year and funds for this Agreement are no longer available. This section shall
take precedence in the event of a conflict with any other covenant, term, condition, or provision of
this Agreement.
SECTION 25. MISCELLANEOUS PROVISIONS.
25.1. This Agreement will be governed by the laws of the State of California.
25.2. In the event that an action is brought, the parties agree that trial of such
action will be vested exclusively in the state courts of California in the County of Santa Clara, State
of California. However in an effort to resolve any conflicts that arise during the design and
construction of the Project or following the completion of the Project, the CITY and the
CONSULTANT agree that all disputes between them arising out of or relating to this Agreement or
the Project shall be first submitted to nonbinding mediation. The CONSULTANT further agrees to
include a similar mediation provision in all agreements with their subconsultants, thereby for
mediation as the primary method for dispute resolution among the parties to all those agreements.
25.3. NOT USED
25.4. This document represents the entire and integrated agreement between the
parties and supersedes all prior negotiations, representations, and contracts, either written or oral.
This document may be amended only by a written instrument, which is signed by the parties.
25.5. The covenants, terms, conditions and provisions of this Agreement will apply
to, and will bind, the heirs, successors, executors, administrators, assignees, and consultants of the
parties.
25.6. If a court of competent jurisdiction finds or rules that any provision of this
Agreement or any amendment thereto is void or unenforceable, the unaffected provisions of this
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Agreement and any amendments thereto will remain in full force and effect.
25.7. All exhibits referred to in this Agreement and any addenda, appendices,
attachments, and schedules to this Agreement which, from time to time, may be referred to in any
duly executed amendment hereto are by such reference incorporated in this Agreement and will be
deemed to be a part of this Agreement.
25.8 If, pursuant to this contract with CONSULTANT, City shares with
CONSULTANT personal information as defined in California Civil Code section 1798.81.5(d)
about a California resident (“Personal Information”), CONSULTANT shall maintain reasonable
and appropriate security procedures to protect that Personal Information, and shall inform City
immediately upon learning that there has been a breach in the security of the system or in the
security of the Personal Information. CONSULTANT shall not use Personal Information for direct
marketing purposes without City’s express written consent.
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25.9 All unchecked boxes do not apply to this agreement.
25.10 The individuals executing this Agreement represent and warrant that they
have the legal capacity and authority to do so on behalf oftheir respective legal entities.
IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives
executed this Agreement on the date fIrst above written
CONSULTANT CITY OF PALO ALTO GROUP 4 ARCHITECTURE,
RESEARCH + PLANNING, INC.
City Manager BY:~
APPROVED AS TO FORM:
Senior Asst. City Attorney
Attachments:EXHIBIT "A": SCOPE OF WORK
EXHIBIT "B": SCHEDULE OF PERFORMANCE
EXHIBIT "C": COMPENSATION
EXHIBIT "C-I": SCHEDULE OF RATES
EXHIBIT "D": INSURANCE REQUIREMENTS
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Exhibit A - Scope of Work
Main Library Library Expansion and Renovation
Construction Administration, Signage and
Project Closeout Services
I. INTRODUCTION AND GENERAL INFORMATION
1.0 GENERAL INFORMATION
1.1 The “Palo Alto Libraries Schematic Design Report” and drawings, dated May 2008,
were prepared by Group 4 Architecture, Research + Planning Inc. (CONSULTANT)
for the City of Palo Alto (CITY). These reports include the schematic design
documents for three libraries in Palo Alto: the renovation of the renovation and
addition to the Main Library. The building programs for this project is documented
in an earlier Conceptual Design Report also prepared by Group 4 and dated October
2007. The scope of work included in this contract is for construction administration,
record documents and project closeout for the Main Library and adjacent site work.
This work is based on the approved design and Construction Documents for this
project.
2.0 THE PROJECT
2.1 The Main Library is located at 1213 Newell Road in Palo Alto. The original
building was designed by Edward Durell Stone and constructed in 1956, then in
1982-84 the building was renovated and a 2,200 square foot addition
completed. The project includes the renovation of the existing building structure,
mechanical, electrical and interior finishes as well as additions to accommodate a
new program room, group study rooms and new public restrooms. The new
additions will add approximately 4,200 square feet. The existing Main Library is
21,313 square feet on grade with a 5,000 square foot basement. The Main Library
Project shall be designed to meet the standards for LEED certification by the US
Green Building Council (USGBC).
2.1.1 In addition to the work described above, the following deferred maintenance
items shall be included in the Construction Documents phase of the project:
2.1.1.1 Replace the existing wood shake roof
2.1.1.2 Replace or provide new site pedestrian paving and site landscaping
2.1.1.3 Replace the existing fire sprinkler system
2.1.1.4 Replace the existing exterior plywood walls at the staff area
2.1.1.5 Replace basement sump pumps
2.1.1.6 Upgrade stormwater treatment system
2.1.1.7 Upgrade parking lot lighting
2.1.1.8 Provide for separate access to the Teen room conference area
2.1.1.9 Outfit the library to function as a broadcast center for the local
television station.
2.1.1.10 Develop concepts to analyze the integration of the Art Center and
Main Library sites and prepare design documents and cost estimates
for the parking lots, pedestrian plaza and landscaping to the south
and south east of the library (between the library, Art Center and
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Community Gardens).
3.0 CITY DUTIES
3.1 During the term of CONSULTANT’s professional services under this
AGREEMENT the following items will be the responsibilities of the CITY:
3.1.1 The CITY’s Project Manager 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.
3.1.2 The CITY shall provide evaluation, mitigation design and administration of
work for hazardous materials at site and in the existing building.
3.1.3 CITY shall provide record drawings of existing project facilities (when
available).
3.1.4 CITY shall provide all applicable building permits.
3.1.5 CITY shall print and provide construction contractors with copies of bid
documents (Plans and Specifications).
3.1.6 CITY shall advertise and award construction contracts.
3.1.7 CITY shall manage the construction of the Project and provide building
code and quality control inspections.
3.1.8 The CITY shall oversee and manage the artist selection process, CITY and
artist agreements, artwork approvals, budgets and schedule, coordination of
artwork with the building design, and artwork installation.
3.1.9 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. CITY shall actively market the project to general contractors and
major trades to increase likelihood of receiving competitive bids.
3.1.10 The CITY shall manage all construction and procurement contracts related
to the overall project and shall oversee and coordinate each of the budgets.
Within the overall project budget the CITY shall determine with input from
the CONSULTANT the specific budgets for each of the procurement
contracts including, but not limited to:
3.1.11 Furniture procurement, including multiple contracts for custom, general,
systems and miscellaneous furniture
3.1.12 Construction management services
3.1.13 Public art
3.1.14 Moving
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3.1.15 Publicity
3.1.16 Computer equipment
3.1.17 Telecommunication equipment.
3.1.18 CITY shall identify, select and procure all equipment such as copy
machines, vending machines, miscellaneous office equipment, etc. that is
not included in the technology package.
II. CONSULTANT’S BASIC SERVICES The CONSULTANT’s scope of Basic Services for the
Project is divided into three parts: Construction Administration, Project Closeout and Record
Documents.
1.1 TASK G1 CONSTRUCTION ADMINISTRATION
1.1.1 CONSULTANT’s responsibility to provide Basic Construction
Administration Services for the Construction Phase under this Agreement
commences with CITY's issuance of a Notice to Proceed with the Contract
for Construction and will end 440 calendar days from that date or upon
commencement by the CONSULTANT of the Substantial Completion
Correction (“Punch”) list, as mutually agreed upon by CONSULTANT, the
CITY’s Construction Manager and CITY, whichever comes first. If the
punch list does not commence within 440 calendar days of the Notice to
Proceed, any further time and effort spent on behalf of the project shall be
an Additional Service provided on a time and materials basis at the
CONSULTANT’s standard billing rates in effect at that time. Consultant
will not be obligated to provide any work beyond the 440 calendar days
unless directed by CITY in writing and compensated accordingly.
1.1.2 CONSULTANT shall be a representative of and shall advise and consult
with the CITY during the provision of the Contract Administration Services.
The CONSULTANT shall have authority to act on behalf of the CITY only
to the extent provided in this Agreement unless otherwise modified by
written amendment.
1.1.3 Duties, responsibilities and limitations of authority of the CONSULTANT
under this phase shall not be restricted, modified or extended without
written agreement of the CITY.
1.1.4 CONSULTANT shall neither have control over or charge of, nor be
responsible for, the construction means, methods, techniques, sequences or
procedures, or for safety precautions and programs in connection with the
Work, since these are solely the Contractor’s rights and responsibilities
under the Contract Documents, the CONSULTANT will not be responsible
for the Contractor’s schedules or failure to carry out the work in accordance
with the Contract Documents. The CONSULTANT will not have control
over or charge of acts or omissions of the Contractor, Subcontractors, or
their agents or employees, or of any other persons performing portions of
the work. CONSULTANT shall not be responsible for acts or omissions of
the Contractor, Subcontractors, or their agents or employees, or any other
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persons or entities performing portions of the Work.
1.1.5 CONSULTANT will have access to the work at all times wherever it is in
preparation or progress within 24 hours of notifying the CITY..
1.1.6 CONSULTANT shall attend the pre-construction conference.
1.1.7 Project Meetings and Site Visits
1.1.7.1 CONSULTANT shall attend up to 70 site construction meetings.
The CONSULTANT as a representative of the CITY, shall visit
the site at intervals appropriate to the stage of the Contractor’s
operations, or as otherwise agreed by the Project Manager or
authorized designee and the CONSULTANT, (1) to become
generally familiar with the work and to keep the CITY informed
about the progress and quality of the portion of the Work
completed, (2) to endeavor to guard the CITY against defects and
deficiencies in the Work, and (3) to determine in general if the
Work is being performed in a manner indicating that the Work,
when fully completed, will be in accordance with the Contract
Documents. However, the CONSULTANT shall not be required
to make exhaustive or continuous on-site inspections to check the
quality or quantity of the Work.
1.1.7.2 CONSULTANT shall report to the CITY observable and known
deviations from the Contract Documents by the Contractor.
1.1.7.3 CONSULTANT shall at all times have access to the work
wherever it is in preparation or progress.
1.1.7.4 CONSULTANT shall have authority to reject Work that does not
conform to the Contract Documents. Whenever the
CONSULTANT considers it necessary or advisable, the
CONSULTANT will have authority to require inspection or
testing of the Work in accordance with the provisions of the
Contract Documents, whether or not such Work is fabricated,
installed or completed. However, neither this authority of the
CONSULTANT nor a decision made in good faith either to
exercise or not to exercise such authority shall give rise to a duty
or responsibility of the CONSULTANT to the Contractor,
Subcontractors, material and equipment suppliers, their agents or
employees or other persons or entities performing portions of the
Work.
1.1.7.5 CONSULTANT shall be responsible for scheduling the Sub
CONSULTANTs visits to the site in coordination with and or as
directed by CITY.
1.1.8 On the basis of on-site observations as a CONSULTANT, and through
information provided to the CONSULTANT by the CITY’s Project
Manager, the CONSULTANT shall keep the CITY informed of the quality
of the work.
1.1.9 Submittals:
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1.1.9.1 CONSULTANT will review Contractor’s submittals, including
Shop Drawings, Product Data and Samples, but only for the
limited purpose of checking for conformance with information
given and the design concept expressed in the Contract
Documents. The CONSULTANT’s action shall be taken with
such reasonable promptness so as to cause no delay in the work,
while allowing sufficient time in the CONSULTANT’s judgment
to permit adequate review unless otherwise agreed to. Submittals
critical to work flow shall be responded to within a timely manner
from receipt. Review of such submittals is not conducted for the
purpose of determining the accuracy and completeness of other
details such as dimensions and quantities or for substantiating
instructions for installation or performance equipment or systems
designed by the Contractor, all of which remain the responsibility
of the Contractor to the extent required by the Contract
Documents. The CONSULTANT’s review shall not constitute
review of safety precautions or, unless otherwise specifically
stated by the CONSULTANT, of construction means, methods,
techniques, sequences or procedures. The CONSULTANT’s
review of specific items shall not indicate approval of an
assembly of which the item is a component. When professional
certification of performance characteristics of materials, systems
or equipment is required by the Contract Documents, the
CONSULTANT shall be entitled to rely upon such certification to
establish that the materials, systems or equipment will meet the
performance criteria required by the Contract Documents.
1.1.9.2 CONSULTANT shall maintain copies of submittals supplied by
the Contractor in accordance with the requirements of the
Contract Documents. Reviewed submittals shall be stamped with
appropriate action to be taken with notes and comments initialed
and dated.
1.1.9.3 Action required of the CONSULTANT beyond review of one
submittal and one resubmittal shall be subject to Additional
Services.
1.1.10 If professional design services or certifications by a design professional
related to systems, materials or equipment are specifically required of the
Contractor by the Contract Documents, the CONSULTANT shall specify
appropriate performance and design criteria that such services must satisfy.
Shop Drawings and other submittals related to the Work designed or
certified by the design professional retained by the Contractor shall bear
such professional’s written approval when submitted to the
CONSULTANT. The CONSULTANT shall be entitled to rely upon the
adequacy, accuracy and completeness of the services; certifications or
approvals performed by such design professionals.
1.1.11 Request for Information (RFI) & Architectural Supplement Information
(ASI)
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1.1.11.1 CONSULTANT shall review properly prepared, timely requests
by the Contractor for Request for Information (RFI) about the
Contract Documents. A properly prepared RFI about the Contract
Documents shall be in a form prepared or approved by the
CONSULTANT and shall include a detailed written statement
that indicates the specific Drawings or Specifications in need of
clarification and the nature of the clarification requested.
1.1.11.2 If deemed appropriate by the CONSULTANT or if directed by
the Project Manager or her authorized designee, the
CONSULTANT shall on the CITY’s behalf prepare, reproduce
and distribute supplemental Drawings and Specifications
(Architectural Supplemental Information (ASI) in response to RFI
by the Contractor or because of a need determined by
CONSULTANT to achieve the intent of the Contract Documents.
1.1.11.3 Interpretations and decisions of the CONSULTANT shall be
consistent with the intent of and reasonably inferable from the
Contract Documents and shall be in writing or in the form of
drawings. When making such interpretations and initial
decisions, the CONSULTANT shall endeavor to secure faithful
performance by both CITY and Contractor, shall not show
partiality to either, and shall not be liable for the results of
interpretations or decisions so rendered in good faith.
1.1.11.4 CONSULTANT’s action shall be taken with such reasonable
promptness as to cause no delay in the Work or in the activities of
the CITY, Contractor or separate contractors, while allowing
sufficient time in the CONSULTANT s professional judgment to
permit adequate review. RFI’s critical to workflow shall be
responded to within a timely manner from receipt.
1.1.12 CONSULTANT shall review for compliance, any items submitted by the
Contractor for consistency with the contract documents, including but not
limited to submittals, O&M Manuals, written guarantees, instruction books,
diagrams and charts, etc,.
1.1.13 Review and recommend approval or rejection of substitutions for
conformance with the project design concept and for compliance with
Contract Documents. CONSULTANT shall briefly review each substitution
at no additional cost to the CITY and provide the CITY’s Project Manager
with a fee and time schedule for detailed review of each substitution. Time
and cost for detailed review of substitutions shall be negotiated with
Contractor on a case-by-case basis. Detailed review of each substitution
cannot begin until authorized by the CITY’s Project Manager. Detailed
review of substitutions is subject to the requirements of Additional Services
when approved and authorized by the CITY’s Project Manager prior to
beginning the detailed review.
1.1.14 Changes in the Work
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1.1.14.1 Change Order Review and Negotiation: All changes to the
Contract between the CITY and Contractor shall be only by
change orders executed by the CITY.
1.1.14.2 CITY and its designee shall review the contents of all Contractor-
requested changes to the contract time or price, endeavor to
determine the cause of the request, and assemble and evaluate
information concerning the request. CITY and its designee shall
in its evaluations of the Contractor’s request consider the
CONSULTANT’s comments regarding the proposed changes.
1.1.14.3 All proposed CONSULTANT and CITY -initiated changes shall
first be described in detail by the CITY and its designee in a
request for a proposal issued to the Contractor. The request shall
be accompanied by drawings and specifications prepared by the
CONSULTANT. In response to the request for a proposal, the
Contractor shall submit to the CITY and its designee for
evaluation detailed information concerning. The price and time
adjustments, if any, as may be necessary to perform the proposed
change order work. The CITY and its designee shall review the
Contractor’s proposal, shall discuss the proposed change order
with the Contractor, and endeavor to determine the Contractor’s
basis for the price and time proposed to perform the work. All
work by CONSULTANT related to CITY -initiated changes will
be performed as Additional Services on a Time and Material
Basis or mutually agreed lump sum.
1.1.14.4 The CITY and its designee shall negotiate change requests on
behalf of the CITY. CITY and its designee shall prepare and issue
to the Contractor appropriate change order documents, reviewed
and signed by the CONSULTANT as required by contract.
1.2 SIGNAGE
1.2.1 BUILDING AND CODE-REQUIRED SITE SIGNAGE
1.2.1.1 CONSULTANT shall provide a sign location drawing and sign
copy schedule for the interior signage, exterior building signage,
and exterior code signage (disabled access parking, electric
vehicle parking signage)
1.2.1.2 CONSULTANT shall provide a 60% and 95% Design Intent
Signage Documents for the CITY’s review.
1.2.1.3 CONSULTANT shall provide a 100% Bid Design Intent Signage
Document.
1.2.1.4 CONSULTANT shall provide updated estimates of probable
construction costs to the CITY at the 60% and 95% Design Intent
submittals.
1.2.1.5 CONSULTANT shall provide written responses to the CITY’s
review comments.
1.2.1.6 CONSULTANT shall conduct up to three signage design review
meetings with the CITY.
1.2.1.7 CONSULTANT shall assist the CITY in reviewing bidder
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questions and provide written addenda as required.
1.2.1.8 CONSULTANT shall attend a signage pre-installation meeting
with the signage contractor.
1.2.1.9 CONSULTANT shall be available for one day for punch list
services.
1.2.2 LIBRARY SITE INTERPRETIVE SIGNAGE
1.2.2.1 CONSULTANT shall provide a sign location drawing and sign
copy schedule for interpretive signage for the Main Library. The
iconography for the site interpretive signage will be consistent
with what is being installed at the Mitchell Park project. The
interpretive signage will include an exterior site map/interpretive
sign, and digital graphics (sign) to be displayed on the digital
signage system located in the Library interior.
1.2.2.2 CONSULTANT shall provide a 60% and 95% Design Intent
Signage Documents for the CITY’s review.
1.2.2.3 CONSULTANT shall provide a 100% Bid Design Intent Signage
Document.
1.2.2.4 CONSULTANT shall provide updated estimates of probable
construction costs to the CITY at the 60% and 95% Design Intent
submittals.
1.2.2.5 CONSULTANT shall provide written responses to the CITY’s
review comments.
1.2.2.6 CONSULTANT shall conduct up to three signage design review
meetings with the CITY.
1.2.2.7 CONSULTANT shall assist the CITY in reviewing bidder
questions and provide written addenda as required.
1.2.2.8 CONSULTANT shall attend a signage pre-installation meeting
with the signage contractor.
1.2.2.9 CONSULTANT shall be available for one day for punch list
services.
1.2.3 CAMPUS MONUMENT SIGNAGE
1.2.3.1 CONSULTANT shall provide a sign design for the replacement
of the monument sign for the Main Library and Art Center that is
located at the intersection of Newell and Embarcadero, monument
signs at the two driveways at Newell Road, and site wayfinding
signage for the Main Library and Art Center Campus, including
the entry to the Community Garden.
1.2.3.2 CONSULTANT shall provide a 60% and 95% Design Intent
Signage Documents for the CITY’s review.
1.2.3.3 CONSULTANT shall provide a 100% Bid Design Intent Signage
Document.
1.2.3.4 CONSULTANT shall provide updated estimates of probable
construction costs to the CITY at the 60% and 95% Design Intent
submittals.
1.2.3.5 CONSULTANT shall provide written responses to the CITY’s
review comments.
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1.2.3.6 CONSULTANT shall conduct up to three signage design review
meetings with the CITY.
1.2.3.7 CONSULTANT shall assist the CITY in reviewing bidder
questions and provide written addenda as required.
1.2.3.8 CONSULTANT shall attend a signage pre-installation meeting
with the signage contractor.
1.2.3.9 CONSULTANT shall be available for one half-day for punch list
services.
1.3 PROJECT CLOSEOUT
1.3.1 Project Closeout, will begin with the commencement by CONSULTANT of
the Punch List as mutually determined by CONSULTANT, CITY and
CITY’s Construction Manager, and will end 60 calendar days from that
date. CONSULTANT shall complete all items over which the
CONSULTANT has control indicated in the scope of Project Closeout
within the 60 calendar day period. CONSULTANT Closeout Services after
60 days will be provided as an Additional Service on a Time & Materials
basis.
1.3.2 CONSULTANT shall receive from the Contractor and forward to the CITY,
for the CITY’s review and records, written warranties and related
documents required by the Contract Documents and assembled by the
Contractor.
1.3.3 CONSULTANT shall conduct a “Punch List” review to check conformance
of the Work with the requirements of the Contract Documents and to verify
the accuracy and completeness of the list submitted by the Contractor of
Work to be completed or corrected.
1.3.4 CONSULTANT shall complete and distribute the project punch list in a
timely manner from the Contractor’s request of the CITY for review by the
CONSULTANT in either MSWord or Excel format.
1.3.5 CONSULTANT shall conduct a Final Completion Review with the CITY to
determine whether the punch list items have been completed and are in
conformance with the Construction Documents
1.4 RECORD DOCUMENTS
1.4.1 CONSULTANT shall incorporate information provided by the Contractor
and information gained during site visits throughout the Project
construction, and prepare record drawings and specifications based on
record field construction documents package. Prior to acceptance of the
Project by the CITY. CONSULTANT shall review the contractor’s “as-
built” drawings and specifications, and shall return them to contractor for
revision if they are not complete, or otherwise known to not represent facts
known to the CONSULTANT. Apart from reviewing Contractor’s as-built
documents, CONSULTANT shall prepare and sign the CONSULTANT’s
Record Drawings submit both a hard copy on Mylar and an electronic copy
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on Compact Disc (CD) to the CITY.
II. OPTIONAL ADDITIONAL SERVICES
The following services are not part of the CONSULTANT’s Basic Services and shall be
performed by the CONSULTANT as Additional Services on a Time & Materials Basis only
if and when authorized by the CITY in writing:
2.1 Additional meetings or presentations.
2.2 Developing and preparation of information kiosks.
2.3 Developing project flyers and public information posters.
2.4 Other participation services not described in Basic Services above.
2.5 Other services not specifically identified under Basic Services above.
2.6 Making changes in the design or documentation that is contrary to prior direction
provided by the CITY.
2.7 Preparing CITY-initiated change orders during construction.
2.8 Providing more than two reviews of each submittal.
2.9 Detailed review of substitution request.
2.10 Work required to correct non-conforming work of contractor.
2.11 Increasing Professional Liability Insurance from the CONSULTANT’s standard two
million ($2,000,000 per claim/$2,000,000 in aggregate) coverage.
2.12 Providing multiple City reviews for signage packages
2.13 Application fees and presentation materials required for Architectural Review and
Historic Review Board meetings.
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Exhibit B - Schedule of Performance
Main Library Expansion and Renovation
Construction Administration, Signage and
Project Closeout Services
CONSULTANT shall perform the Services so as to complete each milestone within the number of
days/weeks specified below. The time to complete each milestone may be increased or decreased
by mutual written agreement of the project managers for CONSULTANT and CITY so long as all
work is completed within the term of the Agreement. CONSULTANT shall provide a detailed
schedule of work consistent with the schedule below within 2 weeks of receipt of the notice to
proceed.
Construction Administration: 440 calendar days
Signage Concurrent with above
Project Closeout 60 calendar days
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Exhibit C - Compensation
Main Library Expansion and Renovation
Construction Administration, Signage,
Project Closeout Services and
LEED Services
The CITY agrees to compensate the CONSULTANT for professional services performed in
accordance with the terms and conditions of this Agreement, and as set forth in the budget
schedule below. Compensation shall be a lump sum, based on scope of services attached as
Exhibit A-1 the hourly rate schedule attached as exhibit C-1 up to the not to exceed budget
amount for each task set forth below.
The compensation to be paid to CONSULTANT under this Agreement for all services
described in Exhibit “A” (“Basic Services”) and reimbursable expenses shall not exceed
$1,028,169. CONSULTANT agrees to complete all Basic Services, including reimbursable
expenses, within this amount. In the event CITY authorizes any Additional Services, the
maximum compensation shall not exceed $1,130,969. Any work performed or expenses
incurred for which payment would result in a total exceeding the maximum amount of
compensation set forth herein shall be at no cost to the CITY.
CONSULTANT shall perform the tasks and categories of work as outlined and budgeted
below. The CITY’s project manager may approve in writing the transfer of budget amounts
between any of the tasks or categories listed below provided the total compensation for Basic
Services, including reimbursable expenses, does not exceed $1,028,169 and the total
compensation for Additional Services does not exceed $102,800.
Task G4.1 - Construction Administration: $867,037. Lump Sum
Task G4.2 – Signage: $64,000. Lump Sum
Task H4.1 - Project Closeout: $59,632. Lump Sum
Task H4.2 – Record Documents, LEED $37,500. Lump Sum
ADDITIONAL SERVICES
The CONSULTANT shall provide additional services only by advanced, written
authorization from the CITY. The CONSULTANT, at the CITY’s project manager’s
request, shall submit a detailed written proposal including a description of the scope of
services, schedule, level of effort, and CONSULTANT’s proposed maximum compensation,
including reimbursable expense, for such services based on the rates set forth in Exhibit C-1.
The additional services scope, schedule and maximum compensation shall be negotiated
and agreed to in writing by the CITY’s Project Manager and CONSULTANT prior to
commencement of the services. Payment for additional services is subject to all requirements
and restrictions in this Agreement
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Exhibit C-1 – Schedule of Rates
Renovation and Addition to the Main Library
Construction Administration, Signage,
Project Closeout Services and
LEED Services
SCHEDULE OF PROFESSIONAL SERVICES
Effective 1 January 2013
Consulting Principal $250.00 per hour
Principal in Charge 195.00 per hour
Principal 180.00 per hour
Associate 160.00 per hour
Project Manager 150.00 per hour
Professional I 140.00 per hour
Professional II 130.00 per hour
Professional III 120.00 per hour
Technical I 125.00 per hour
Technical II 110.00 per hour
Technical III 95.00 per hour
Project Support 80.00 per hour
Consultants to the Architect will be billed at 1.15 times direct cost.
Reimbursable expenses related to the project, whether for in-house, consultant or client use, will be billed at
1.15 times direct cost. Such expenses include, but are not necessarily
limited to:
CAD plotting of Check Sets and Presentation Drawings.
Outside service printing/copying of drawings and documents of any size.
Photographic and digital imaging, including color and gray scale copies of any size.
In-house black and white photocopying for draft and final reports and specifications.
In-house black and white printing/copying of drawings larger than 11"x 17".
Outside telephone conferencing services.
Postage, delivery and messenger service.
Overtime expenses with prior client approval.
Architectural renderings, physical and digital scale models and animations.
Videos, web services, opinion surveys.
Travel expenses, including mileage, tolls, lodging and meals.
Sub-consultant costs.
Presentation boards.
Facilitation tools.
Workshop accessories and facilitation materials.
Software purchase and licensure on behalf of the client.
The above-listed rates are adjusted annually. The next adjustment will be 1 January 2013
C
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C13149972
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C13149972 39
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IFB 149297 Attachment D
Main Library Expansion & Renovation
Bid Summary
Item #Description Gonsalves & Stronck Construction S.J. Amoroso Co., Inc.Midstate Construction Big D Pacific Builders, LP
Company Inc.Corporation
1 Base bid $13,837,630 $16,977,000 $17,096,750 $18,548,000
2 Signage allowance 150,000 150,000 150,000 150,000
3 Allowances 2-15 595,000 595,000 595,000 595,000
4 Art work foundations 10,000 5,000 13,911 0
Total $14,592,630 $17,727,000 $17,855,661 $19,293,000
Add Alternate #
1 Delete skylights -$21,000 -$20,000 -$25,000 -$100,000
Withdrawn
Item 3 break down from Technical Specification 01210
2 $125,000.00 for unforeseen site conditions for substrate installations as per the bid documents.
3 $75,000.00 for repair of dry rot and termite damage over and above that shown or required
by the contract documents or termite inspection report.
4 $20,000.00 for the repair or replacement of existing window hardware or the repair or replacement of
existing window screens over and above that indicated on the contract documents.
5 $35,000.00 for the removal and abatement of the existing boilers located in the Art Center building
(located in basement) over and above that required by the drawings located in the appendices.
6 $25,000.00 for the replacement of sanitary sewer lines above and beyond those indicated on the drawings
and that are found to be damaged or not in compliance during the Contractor's required.
investigation and video camera survey of the existing sanitary lines that are to remain.
7 $10,000.00 for the patching and repair of existing wood ceilings above and beyond that indicated
on the drawings.
Page 1 of 2
IFB 149297 Attachment D
Main Library Expansion & Renovation
Bid Summary
Item 3 break down from Technical Specification 01210
8 $40,000.00 for the repair and replacement of existing landscape irrigation components or wiring above
and beyond that shown on the drawings or indicated in the specifications.
9 $30,000.00 for tree and limb pruning above and beyond that shown on the drawings or required
by the specification 02110 or the Arborist Report contained in the Appendices.
10 $75,000.00 for unforeseen mechanical/plumbing items over and above the requirements of the
documents and specifications.
11 $35,000.00 for the removal of existing asphalt and re-compaction of road base and subgrade in accordance
with the documents for the driveway area at the Art Center. This allowance shall only apply
to the section of the driveway from the eastern limit of work for the Art Center parking
area to the concrete pan at Newell Road.
12 $10,000.00 for replacement of grass above and beyond what is required by the drawings or specifications.
13 $5,000.00 for temporary way-finding signage during construction for the Art Center and Main Library sites
14 $100,000.00 for replacement of existing sanitary sewer line from the Main Library to the connection point
in the street at Newell Road, including tie-in to the sanitary in Newell Road.
15 $10,000.00 for additional electrical and mechanical appurtenances for the Owner-furnished
book-handling equipment above and beyond the requirements of the documents and specifications.
Page 2 of 2
4.19
(DT)
5.21
(DT)
4
(DT)
$46.08 (Mitchell)
$49.04
(Mitchell)
$50
(Mitchell)
$22.42*
(Main)
$20.1
(Main)
$18
(Main)
1.53
(Other)
1.65
(Other)
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Dollars (Millions)
Library Bond Fund Utilization Projections
(May 2013)
Mitchell Park Library Main Library Temporary Libraries & Bond Costs
$74.28M $76M
*The total project cost for the Main Library project is $24.7 million. $1.8 million for deferred maintenance items, code compliance items, and the Main Library’s share of the
connectivity project is proposed to be funded from the Infrastructure Reserve. $0.5 million for the Art Center’s share of the connectivity project is proposed to be funded
from the Art Center project. Therefore, the Main Library project cost to be funded by the Measure N bonds is $22.4 million.
$76M
$29.24
(Flintco)$5.97
(Turner)
$6.02
(Group 4)
$4.85
(Other)