HomeMy WebLinkAboutStaff Report 3737City of Palo Alto (ID # 3737)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 5/20/2013
City of Palo Alto Page 1
Summary Title: Contracts with Turner and Group 4: Mitchell Park Library &
Community Center
Title: Approval of Amendment No. 5 to Contract C10131631 with Turner
Construction, Inc., to Decrease Compensation by $135,000; Approval of
Contract C13149552 with Turner Construction, Inc., for $700,000 for
Construction Management Services for the Mitchell Park Library &
Community Center Project; and Approval of Amendment No. 7 to Contract
C09130744 with Group 4 Architecture, Inc., to Add $260,000 for a Total
Contract Amount Not to Exceed $8,855,231
From: City Manager
Lead Department: Public Works
Recommendation
Staff recommends that Council:
1)Approve and authorize the City Manager to execute Amendment No. Five to
Contract C10131631 with Turner Construction, Inc. (Attachment A), to
decrease the compensation by $135,000 and to revise the set-aside provisions;
and
2)Approve and authorize the City Manager to execute Contract C13149552 with
Turner Construction, Inc. (Attachment B), for $700,000 for construction
management services for the Mitchell Park Library and Community Center
(MPLCC)project; and
3) Approve and authorize the City Manager to execute Amendment No. Seven to
Contract C09130744 with Group 4 Architecture, Inc. (Attachment C), to add
$260,000 for additional construction administration services for the MPLCC
City of Palo Alto Page 2
project a total contract amount of $8,855,231.
Executive Summary
The Mitchell Park Library and Community Center (MPLCC) project has
experienced substantial construction delays and an extremely large number of
change orders and claims. The current schedule from the construction
contractor,Flintco Pacific,Inc.(Flintco),shows the project being completed in late
2013, approximately one and a half years later than the originally scheduled date
for project completion. The delay is primarily the result of construction problems,
including Flintco’s failure to properly schedule and coordinate work and
inspections, Flintco’s failure to properly manage key subcontractors through the
course of the project, and the City’s rejection of installed, but defective building
components.
As a result of the delays , change orders, claims and corrective action work, it is
now necessary to further engage the City’s Construction Manager, Turner
Construction, Inc. (Turner),and Architect,Group 4 Architecture, Inc.(Group 4),in
order to complete the project. The existing Turner contract ends on June 1, 2013,
and the Group 4 contract ends on June 30, 2013. A new Contract with Turner in
the amount of $700,000 and an amendment to the existing Group 4 contract in
the amount of $260,000 are recommended with termination dates of October 31,
2013. While services of both consultants are likely to be needed beyond that
date, details are uncertain at this time. Therefore,staff will return to Council at a
later time and any remaining needed work will be identified.
Background
Measure N, which passed on November 4, 2008, allows the City to sell bonds to
fund the renovation of the Downtown Library, construction of a new and
expanded Mitchell Park Library and Community Center (MPLCC), renovation and
expansion of the Main Library and renovation of temporary facilities to
accommodate the various library closures. The City entered into an agreement
with Group 4 to provide the architectural services for all of the Library Bond
projects. Six amendments have been previously approved by Council to add to
and revise the scope of work and project schedules and to add compensation.
City of Palo Alto Page 3
The City issued a Request for Proposals (RFP) for the construction management
services for all of the Library Bond projects and Turner was selected. On
September 14, 2009, the City and Turner entered into Contract C10131631 for
Turner to provide preliminary construction management services for the
Downtown and MPLCC projects. Four amendments have been previously
approved by Council to add construction management services and compensation
for all of the Library Bond projects.Amendment No. 4, approved by Council on
November 5, 2012, includes a schedule for the completion of Turner’s
construction management services on June 1, 2013. However, due to further
project delays caused predominantly by Flintco, City staff now anticipates the
completion of construction in late 2013. Accordingly, a new Contract is needed to
complete the project.
Turner’s current contract includes services that are to be performed after
construction is complete, specifically, post-construction and electronic
documentation services. The current contract includes $135,000 remaining in the
budget for these services. Accordingly, Amendment Five proposes to delete
$135,000 from the contract in order for that amount to be added to the new
contract. Therefore, $135,000 of the $700,000 new contract amount will
essentially be carried over from the old contract and $565,000 of new funding will
be added. This is reflected in the chart in the Resource Impact section of this
report. Also, Amendment Five proposes to amend Turner’s contract to revise the
amount of Turner’s compensation that is to be “set-aside”from $997,016.00 to
$850,000.00. The set aside amount of $850,000 will continue to be held by the
City until the contractual issues between the City and Turner are resolved. It is
likely that the Turner contract issues will be resolved after the contractor claims
are resolved. The Tolling Agreement entered into between the City and Turner is
still in effect.
Group 4 is contracted to provide construction administration services for the
MPLCC project. Amendment No. 6 to the contract, approved on November 5,
2012, included a schedule for the completion of these services on June 30, 2013.
In order to have Group 4 continue to provide these essential services from July 1
to October 31, 2013, staff recommends that the contract be amended to revise
City of Palo Alto Page 4
the schedule and to increase the compensation by $260,000.The City has also
entered into a Tolling Agreement with Group 4.
Discussion
The general contractor for the MPLCC project, Flintco is currently one and a half
years behind the original project schedule. Additionally, Flintco has produced an
unusually large number of project documents, including change orders, claims,
substitutions, requests for information, and submittals that require a substantial
amount of extra time by Turner and Group 4 to review and process. Flintco’s
failure to properly schedule and coordinate their work and inspections has
resulted in Turner spending additional time to intercede in these activities.
Flintco has failed to install certain building components correctly and Turner and
Group 4 have had to expend considerable amounts of time being involved in the
corrections. Given the job difficulties, the funding in both contracts will be
exhausted before the anticipated project completion. In addition, the Turner
contract will expire on June 1, 2013.
Council’s approval of a new contract with Turner also constitutes Council’s
approval of Public Works’ request for an exemption from the Palo Alto Municipal
Code (PAMC)competitive solicitation requirements. The PAMC generally requires
an RFP to select a consultant. However, due to the length of time it takes to issue
an RFP, review the proposals, select a consultant, and negotiate the terms and
compensation of the contract,and because it would then take a significant
amount of time and expense for a new consultant to become as familiar with the
project as Turner is, Public Works requests the exemption as allowed per the
PAMC in order to not delay the project further.
Resource Impact
Funds for the recommended new contract with Turner and the Group 4 contract
amendment are available in CIP PE-09006. The Group 4, Turner and Flintco
contracts and contract amendments encumbered to date as well as the proposed
contract and amendment are as follows:
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Contract Group 4
Architecture
Turner
Construction
Flintco
Construction
Original contract $3,827,280 $138,198 $24,365,000
Original Contingency -10%$2,436,500
Additional Contingency -10%$2,436,500
Amendment 1 $92,034 $432,000 n/a
Amendment 2 $312,396 $3,008,250 n/a
Amendment 3 $3,192,000 $205,297 n/a
Amendment 4 $258,041 $2,052,016 n/a
Amendment 5 $220,670 ($135,000)n/a
Amendment 6 $692,810 n/a n/a
Amendment 7 $260,000 n/a n/a
New contract w/Turner n/a $700,000 n/a
Total Contract Value to Date $8,855,231 $6,400,761 $29,238,000
Policy Implications
Amending the contracts with Turner and Group 4 does not conflict with any
current City policy. Entering into a new contract with Turner does not conflict
with City Policy if Council approves Public Works’request for exemption from
competitive solicitation.
Timeline
Construction of the new Mitchell Park Library and Community Center began in
September of 2010 and staff anticipates the facility opening to the public in late
2013.
Attachments:
·A -Amendment 5 to Contract with Turner Construction Inc.(PDF)
·B -Contract C13149552 with Turner Construction, Inc.(PDF)
·C -Amendment 7 to Contract with Group 4 (PDF)
City of Palo Alto Page 6
·D -Doc letters (PDF)
CITY OF PALO ALTO CONTRACT NO. CI0131631
AMENDMENT NO.5 TO CONTRACT NO. CI0131631
BETWEEN THE CITY OF PALO ALTO AND
TURNER CONSTRUCTION COMPANY
This Amendment No.5 ("Amendment") to Contract No. C1 0 131631 ("Contract") is
entered into and made effective on May 20,2013, by and between the CITY OF PALO ALTO, a
California Charter City ("CITY"), and TURNER CONSTRUCTION COMPANY, a California
corporation with offices located at 60 S. Market Street, Ste. 1100, San Jose, California 95113
("CONSUL TANT") (City and Consultant may be referred to collectively as "parties" or
separately as a "party").
RECITALS:
WHEREAS, on September 14, 2009, the City and Consultant entered into the Contract
concerning, among other libraries in Palo Alto, the Mitchell Park library and community center
("Project"); and
WHEREAS, on June 28, 2010, the parties entered into Contract Amendment No.1; and
WHEREAS, on August 5, 2010, the parties entered into Contract Amendment No.2; and
WHEREAS, on September 12,2011, the parties entered into Contract Amendment No.3;
and
WHEREAS, on October 31, 2012, the parties entered into Contract Amendment No.4
("Amendment No.4") (The Contract and Amendments Nos. 1, 2, 3 and 4 are collectively
referred to as the "Contract"); and
WHEREAS, the parties have agreed to enter into this Amendment to reduce the total
compensation by $135,000, delete one task and revise the "set-aside" amounts established in
Amendment No.4, on the terms set forth below.
NOW THEREFORE, in consideration of the covenants, ternls, conditions, and provisions
of this Amendment, the parties agree:
SECTION 1. SECTION 4 of the Contract, "NOT TO EXCEED COMPENSATION" is
hereby amended to reduce the not to exceed amount to Five Million, One Hundred Seventy One
Thousand, Three Hundred Fifty-Three Dollars ($5,171,353.00) and the total compensation not
to exceed amount to Five Million, Seven Hundred Thousand, Seven Hundred Sixty-One Dollars
($5,700,761.00).
SECTION 2. The budgeted amounts in Exhibit "C" are amended as follows: (1) The
$135,000 designated for Electronic Documents & Photo Recording (Mitchell Park Phase II
Construction Phase, Item D) is hereby reduced from $135,000 to $45,000 and (2) The $45,000
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designated for post-construction services (Mitchell Park Phase III -Post-Construction Phase,
Item A3) is deleted in its entirety.
SECTION 3. Phase III: Post Construction Services, Item A Turner Staff Services is
hereby deleted from Exhibit A of the Contract.
SECTION 4. The Set-Aside Amount' items (3) and (4) in EXHIBIT "C" to Amendment
No.4 are hereby deleted, decreasing the total for the Set-Aside Amount from $997,016.00 to
$850,000.00. Except as modified in this Amendment, the set aside amount shall be retained by
the City under the terms set forth in Amendment No.4.
SECTION 5. Except as modified in this Amendment, all other provisions of the
Contract, including any exhibits and subsequent amendments thereto, shall remain in full force
and effect.
IN WITNESS WHEREOF, the parties have by their duly authorized representatives
executed this Amendment on the date first written above.
CITY OF PALO ALTO: CONSULTANT:
By:, ___________ _ TURNER CONSTRUCTION COMPANY
City Manager
APPROVED AS TO FORM: By:I)WlI~
Name: Kevin T Antonelli
City Attorney Title: VP & General Manager
By: ___________ _
Capitalized tenns have the meaning as specified in the Contract, unless specifically defined in this
Amendment.
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CITY OF PALO ALTO CONTRACT NO. C13149552
AGREEMENT BETWEEN THE CITY OF PALO ALTO AND
TURNER CONSTRUCTION COMPANY
FOR PROFESSIONAL SERVICES
This Agreement is entered into on this 2nd day of June, 2013, ("Agreement") by
and between the CITY OF PALO ALTO, a California chartered municipal corporation
("CITY"), and TURNER CONSTRUCTION COMPANY, a corporation in the State of New
York, located at 60 South Market Street, Suite 1100, San Jose, CA 95113 ("CONSULTANT").
RECITALS
The following recitals are a substantive portion of this Agreement.
A. CITY intends to complete construction of the new Mitchell Park Library and Community
Center ("Project") and desires to engage a consultant to provide construction management
services in connection with the Project ("Services").
B. CONSULTANT has represented that it has the necessary professional expertise,
qualifications, and capability, and all required licenses andlor certifications to provide the
Services.
C. CITY in reliance on these representations desires to engage CONSULTANT to provide
the Services as more fully described in Exhibit "A", attached to and made a part of this
Agreement.
D. CITY and CONSULTANT entered into a prior agreement dated September 14,2009 and
subsequent amendments dated June 28, 2010, August 5, 2010, September 12,2011, and October
31, 2012 (collectively "Prior Agreement") whereby CONSULTANT agreed to provide pre
construction, construction and post-construction services for the Project.
E. The Prior Agreement expires on June 1,2013 and the Project has not yet been completed.
To ensure the continued provision of construction management services, the Parties have elected
to enter into this Agreement.
NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions,
in this Agreement, the parties agree:
AGREEMENT
SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described in
Exhibit "A" on a Time and Materials basis in accordance with the terms and conditions
contained in this Agreement. The performance of all Services shall be to the reasonable
satisfaction of CITY.
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SECTION 2. TERM.
The term of this Agreement shall be from the date of its full execution through October 31, 2014,
unless terminated earlier pursuant to Section 19 of this Agreement. The term of this Agreement
establishes only the window of time that the CONSULTANT may provide the Services without
the need for a new contract or extension of this Agreement.
SECTION 3. SCHEDULE OF PERFORMANCE. Time is of the essence in the performance
of this Agreement. CONSULTANT shall perform the Services on a Time and Materials basis
using the schedule ("Schedule") set forth in Exhibit "B", attached to and made a part of this
Agreement. Any Services not reflected in the Schedule shall be commenced and completed by
CONSULTANT in a reasonably prompt and timely manner based upon the circumstances and
direction communicated to the CONSULTANT. Nothing herein is intended to waive or limit the
CITY's right to claim delay damages to the extent delays are due to the fault of CONSULTANT.
SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to
CONSULTANT for performance of the Services described in Exhibit "A", including both
payment for professional services and reimbursable expenses, shall not exceed Seven Hundred
Thousand Dollars ($700,000.00) (the "Cap"). If the CITY wants CONSULTANT to perform the
Services so that CONSULTANT's compensation (for both professional services and
reimbursable expenses) would exceed the Cap, CONSULTANT will not be required to perform
those Services unless and until the City Council approves a written contract amendment to
increase the Cap accordingly. In the event Additional Services are authorized, CONSULTANT
shall be compensated on a Time and Materials basis.
The applicable rates CONSULTANT will charge and the schedule of payment are set out in
Exhibit "C-l", 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 be defined
as set forth in Exhibit "A," and 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 elsewhere in Exhibit "A".
SECTION 5. INVOICES. In order to request payment, CONSULTANT shall submit monthly
invoices to the CITY describing the services performed and the applicable charges (including an
identification of personnel who performed the services, hours worked, hourly rates, and
reimbursable expenses), based upon the CONSULTANT's billing rates (set forth in Exhibit "C-
1 "). If applicable, the invoice shall also describe the percentage of completion of each task. The
information in CONSULTANT's payment requests shall be subject to verification by CITY.
CONSULTANT shall send all invoices to the CITY's project manager at the address specified in
Sec~ion 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
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represents that it possesses the professional and technical personnel necessary to perform the
Services required by this Agreement and that the personnel have sufficient skill and experience
to perform the Services assigned to them. CONSULTANT represents that it, its employees and
subconsultants, if permitted, have and shall maintain during the term of this Agreement all
licenses, permits, qualifications, insurance and approvals of whatever nature that are legally
required to perform the Services.
All of the services to be furnished by CONSULTANT under this Agreement shall meet the
professional standard and quality that prevail among professionals in the same discipline and of
similar knowledge and skill engaged in related work throughout California under the same or
similar circumstances.
SECTION 7. COMPLIANCE WITH LAWS. CONSULTANT shall keep itself informed of
and in compliance with all federal, state and local laws, ordinances, regulations, and orders that
may affect in any manner the Project or the performance of the Services or those engaged to
perform Services under this Agreement.
SECTION 8. ERRORS/OMISSIONS. CONSULTANT shall correct, at no cost to CITY, any
and all errors, omissions, or ambiguities in CONSULTANT's work product submitted to CITY,
provided that CITY gives written notice to CONSULTANT demonstrating the existence of such
errors, omissions, or ambiguities. If CONSULTANT has prepared plans and specifications or
other design documents to construct the Project, CONSULTANT shall be obligated to correct
any and all errors, omissions or ambiguities discovered prior to and during the course of
construction of the Project. This obligation shall survive termination of the Agreement.
SECTION 9. COST ESTIMATES. [NOT APPLICABLE TO THIS CONTRACT]
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 expertise and experience of
CONSUL T ANT are material considerations for this Agreement. CONSULTANT shall not
assign or transfer any interest in this Agreement nor the performance of any of
CONSULTANT's obligations hereunder without the prior written consent of the city manager.
Consent to one assignment will not be deemed to be consent to any subsequent assignment. Any
assignment made without the approval of the city manager will be void.
SECTION 12. SUBCONTRACTING. Notwithstanding Section 11 above, CITY agrees that
subconsultants may be used to complete the Services. The sub consultants authorized by CITY to
perform work on this Project are:
Allana, Buick & Bers
Smith Emery
Multivista
Facility Management Services
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CONSULTANT shall be responsible for directing the work of any subconsultants and for any
compensation due to subconsultants. Except as may relate to its obligation to pay
CONSULTANT as provided in Exhibit "C," CITY assumes no responsibility whatsoever
concerning compensation for such subconsultants. 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 Tom Tripp as
the project director to have supervisory responsibility for the performance, progress, and
execution of the Services and Karen Hojas as the project coordinator to represent
CONSULTANT during the day-to-day work on the Project. If circumstances cause the
substitution of the project director, project coordinator, or any other key personnel for any
reason, the appointment of a substitute project director and the assignment of any key new or
replacement personnel will be subject to the prior written approval of the CITY's project
manager. CONSULTANT, at CITY's request, shall promptly remove personnel who CITY
finds do not perform the Services in an acceptable manner, are uncooperative, or present a threat
to the adequate or timely completion of the Project or a threat to the safety of persons or
property.
The City'S project manager is Phil Bobel, Public Works Department, Engineering Division, 250
Hamilton Avenue, Palo Alto, CA 94303, Telephone: 650-279-0464. The project manager will
be CONSULTANT's point of contact with respect to performance, progress and execution of the
Services. The CITY may designate an alternate project manager from time to time.
SECTION 14. OWNERSHIP OF MATERIALS. Upon delivery, all work product, including
without limitation, all writings, drawings, plans, reports, specifications, calculations, documents,
other materials and copyright interests developed under this Agreement shall be and remain the
exclusive property of CITY without restriction or limitation upon their use. CONSULTANT
agrees that all copyrights which arise from creation of the work pursuant to this Agreement shall
be vested in CITY, and CONSULTANT waives and relinquishes all claims to copyright or other
intellectual property rights in favor of the CITY. Neither CONSULTANT nor its contractors, if
any, shall make any of such materials available to any individual or organization without the
prior written approval of the City Manager or designee. <;:ONSUL T ANT 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.
16.1. To the fullest extent permitted by law, CONSULTANT shall protect,
indemnify, defend and hold harmless CITY, its Council members, officers, employees and
agents (each an "Indemnified Party") from and against any and all demands, claims, or liability
of any nature, including death or injury to any person, property damage or any other loss,
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including all costs and expenses of whatever nature including attorneys fees, experts fees, court
costs and disbursements ("Claims") resulting from, arising out of or in any manner related to
performance or nonperformance by CONSULTANT, its officers, employees, agents or
contractors under this Agreement, regardless of whether or not it is caused in part by an
Indemnified Party.
16.2. Notwithstanding the above, nothing in this Section 16 shall be construed
to require CONSULTANT to indemnify an Indemnified Party from Claims arising from the
active negligence, sole negligence or willful misconduct of an Indemnified Party.
16.3. The acceptance of CONSULTANT's services and duties by CITY shall
not operate as a waiver of the right of indemnification. The provisions of this Section 16 shall
survive the expiration or early termination of this Agreement.
SECTION 17. WAIVERS. The waiver by either party of any breach or violation of any
covenant, term, condition or provision of this Agreement, or of the provisions of any ordinance
or law, will not be deemed to be a waiver of any other term, covenant, condition, provisions,
ordinance or law, or of any subsequent breach or violation of the same or of any other term,
covenant, condition, provision, ordinance or law.
SECTION 18. INSURANCE.
18.1. CONSULTANT, at its sole cost and expense, shall obtain and maintain, in
full force and effect during the term of this Agreement, the insurance coverage described in
Exhibit "D". CONSULTANT and its contractors, if any, shall obtain a policy endorsement
naming CITY as an additional insured under any general liability or automobile policy or
policies.
18.2. All insurance coverage required hereunder shall be provided through
carriers with AM Best's Key Rating Guide ratings of A-:VII or higher which are licensed or
authorized to transact insurance business in the State of California. Any and all contractors of
CONSULTANT retained to perform Services under this Agreement will obtain and maintain, in
full force and effect during the term of this Agreement, identical insurance coverage, naming
CITY as an additional insured under such policies as required above.
18.3. Certificates evidencing such insurance shall be filed with CITY
concurrently with the execution of this Agreement. The certificates will be subject to the
approval of CITY's Risk Manager and will contain an endorsement stating that the insurance is
primary coverage and will not be canceled, or materially reduced in coverage or limits, by the
insurer except after filing with the Purchasing Manager thirty (30) days' prior written notice of
the cancellation or modification. If the insurer cancels or modifies the insurance and provides
less than thirty (30) days' notice to CONSULTANT, CONSULTANT shall provide the
Purchasing Manager written notice of the cancellation or modification within two (2) business
days of the CONSULTANT's receipt of such notice. CONSULTANT shall be responsible for
ensuring that current certificates evidencing the insurance are provided to CITY's Purchasing
Manager during the entire term of this Agreement.
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18.4. The procuring of such required policy or policies of insurance will not be
construed to limit CONSULTANT's liability hereunder nor to fulfill the indemnification
provisions of this Agreement. Notwithstanding the policy or policies of insurance,
CONSULTANT will be obligated for the full and total amount of any damage, injury, or loss
caused by or directly arising as a result of the Services performed under this Agreement,
including such damage, injury, or loss arising after the Agreement is terminated or the term has
expired.
SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES.
19.1. The City Manager may suspend the performance of the Services, in whole
or in part, or terminate this Agreement, with or without cause, by giving ten (l0) days prior
written notice thereof to CONSULTANT. Upon receipt of such notice, CONSULTANT will
immediately discontinue its performance of the Services.
19.2. CONSULTANT may terminate this Agreement or suspend its
performance of the Services by giving thirty (30) days prior written notice thereof to CITY, but
only in the event of a substantial failure of performance by CITY.
19.3. Upon such suspension or termination, CONSULTANT shall deliver to the
City Manager immediately any and all copies of studies, sketches, drawings, computations, and
other data, whether or not completed, prepared by CONSULTANT or its contractors, if any, or
given to CONSULTANT or its contractors, if any, in connection with this Agreement. Such
materials will become the property of CITY.
19.4. Upon such suspension or termination by CITY, CONSULTANT will be
paid for the Services rendered or materials delivered to CITY in accordance with the scope of
services on or before the effective date (i.e., 10 days after giving notice) of suspension or
termination; provided, however, if this Agreement is suspended or terminated on account of a
default by CONSULTANT, CITY will be obligated to compensate CONSULTANT only for that
portion of CONSULTANT's services which are of direct and immediate benefit to CITY as such
determination may be made by the City Manager acting in the reasonable exercise of his/her
discretion. The following Sections will survive any expiration or termination of this Agreement:
14, 15, 16, 19.4,20, and 25.
19.5. No payment, partial payment, acceptance, or partial acceptance by CITY
will operate as a waiver on the part of CITY of any of its rights under this Agreement.
SECTION 20. NOTICES.
All notices hereunder will be given in writing and mailed, postage prepaid, by
certified mail, addressed as follows:
To CITY:
S:IICS/Tumer Construction
Office of the City Clerk
City of Palo Alto
Post Office Box 10250
Palo Alto, CA 94303
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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 compo sting waste. In particular, Consultant shall comply
with the following zero waste requirements:
• All printed materials provided by Consultant to City generated from a personal
computer and printer including but not limited to, proposals, quotes, invoices,
reports, and public education materials, shall be double-sided and printed on a
minimum 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.
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• Goods purchased by Consultant on behalf of the City shall be purchased in
accordance with the City's Enviromnental 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.
25.3. The prevailing party in any action brought to enforce the provisions of this
Agreement may recover its reasonable costs, expert witness fees, and attorneys' fees expended in
connection with that action. The prevailing party shall be entitled to recover an amount equal to
the fair market value (based upon the typical hourly rates for attorneys providing such services in
Santa Clara County at the time of the commencement of such action) of legal services provided
by attorneys employed by it as well as any attorneys' fees paid to third parties for legal services
provided to such party in the action.
25.4. This document represents the entire and integrated agreement between the
parties and supersedes all prior negotiations, representations, and contracts, either written or oral.
This document may be amended only by a written instrument, which is signed by the parties.
25.5. The covenants, terms, conditions and provisions of this Agreement will
apply to, and will bind, the heirs, successors, executors, administrators, assignees, and
consultants of the parties.
25.6. If a court of competent jurisdiction finds or rules that any provision of this
Agreement or any amendment thereto is void or unenforceable, the unaffected provisions of this
Agreement and any amendments thereto will remain in full force and effect.
25.7. All exhibits referred to in this Agreement and any addenda, appendices,
attachments, and schedules to this Agreement which, from time to time, may be referred to in
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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.
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 of their respective legal entities.
25.11 This Agreement may be signed in multiple counterparts, which shall, when
executed by all the parties, constitute a single binding agreement.
[Signatures on the next page]
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[City Of Palo Alto Contract No. C13149552 Between City of Palo Alto and Turner Construction
Company -Signatures]
IN WITNESS WHEREOF, the parties hereto have by their duly authorized
representatives executed this Agreement on the date first above written.
CITY OF PALO ALTO TURNER CONSTRUCTION COMPANY
By:
City Manager
APPROVED AS TO FORM:
Senior Asst. City Attorney
Attachments:
EXHIBIT "A":
EXHIBIT "B":
EXHIBIT "C":
EXHIBIT "C-l ":
EXHIBIT "D":
S:IICSffumer Construction
SCOPE OF WORK
SCHEDULE OF PERFORMANCE
COMPENSATION
SCHEDULE OF RATES
INSURANCE REQUIREMENTS
10
Professional Services
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1. INTRODUCTION
EXHIBIT "A"
SCOPE OF SERVICES
In November 2008, voters approved Measure N, which provided for the upgrade, replacement
and/or expansion of three libraries in Palo Alto: the Downtown Library, the Mitchell Park
Library and Community Center and the Main Library. The Downtown Library project has been
completed and the Main Library project has been designed and bid.
The Mitchell Park Library and Community Center Project (Project) is under construction. The
original library and community center buildings located at 3700 & 3800 Middlefield Road were
demolished and removed. A combined library and community center building and associated
site amenities including parking have been under construction since September 2010. Group 4
Architecture (Architect) is the design consultant, Flintco Pacific, Inc., (Contractor) is the general
contractor, and Turner Construction Company (Consultant) is the Construction Manager, each
under separate contract to the City.
The original contract with Consultant includes a schedule for the completion of construction
phase services by June 1,2013. The term of that contract with Consultant expires June 1,2013.
However, the Contractor has advised the City that it will not complete construction of the Project
by that date and the City therefore requests that Consultant provide its construction management
services beyond June 1, 2013. Accordingly, this new Contract continues the type of services
Consultant has been providing.
2. SCOPE OF SERVICES
Consultant's services shall include construction management serVIces to assist staff in the
management of the construction of the Project.
If at any time, the City is not satisfied with the performance of Consultant's staff, the City
reserves the right to request the services of a different individual. If for any reason the
Consultant proposes a change of staffing during the course of the project, the City reserves the
right to approve any new staff.
Computers, cell phones, and other equipment needed for Consultant's staff shall be provided by
the Consultant. These costs shall be included in the Consultant's compensation.
Phase I -Preconstruction -[Not applicable.]
Phase II -Construction Phase Services To Be Provided On A Time And Materials Basis
A. Consultant Staff Services
General: Consultant shall be the point of contact for Contractor and shall endeavor to enforce
compliance with all of Contractor's contractual requirements on a Time and Materials basis, as
follows:
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Daily Construction Management: Consultant shall oversee the day-to-day construction work
performed by the Contractor. Consultant shall track the construction process, logistics, Requests
for Information (RFI), Change Orders (CO) and other information or requests. Consultant shall
oversee the construction activities and ensure that all aspects of LEED ® construction
requirements are followed and documented and shall work closely with the Project's
Commissioning Agent and Architect in that regard.
Consultant shall work with the Contractor and any involved parties to implement logistical and
communications measures to minimize any impacts to the nearby residential neighborhood, park,
fire station, and the various pre-school, elementary, middle, special needs, and charter schools on
that block. Consultant shall implement expeditious methods for resolving conflicts. Consultant
shall handle the coordination between the City staff, Contractor, and Architect.
If night time, holiday or weekend work is required periodically to minimize impacts or due to
delay in schedule, Consultant services shall still be required in full effect, but will be
compensated as Additional Services, for costs incurred. Consultant shall assume that the third
Monday in January (Martin Luther King Day), the second Monday in October (Columbus Day)
and November 11 (Veteran's Day) of each year shall be a working day for the Contractor and for
the Consultant. December 24 (Christmas Eve) and the Friday following Thanksgiving Day (the
fourth Thursday in November) shall also be considered to be regular working days.
Consultant shall install, advertise, and maintain a hot-line for community updates, questions, and
complaints. Advertisement, equipment and other related costs shall be included in the
Reimbursables cost section below. Consultant shall be a liaison with City staff and assist
Contractor as-needed in the connection and operation of a Contractor-installed video camera(s)
that will be connected to a website to monitor site progress.
Field Inspection and Supervision: Consultant, whose title shall be CM Field Superintendent
(CMFS), shall maintain a field presence whenever work is under way by the Contractor. The role
of the CMFS will be to enforce the Contractor's contract daily in the field to ensure that the work
is being constructed in compliance with the contract documents, the approved shop drawings, the
current RFI answers, etc, and in general, to protect the interest of the City daily in the field. The
CMFS will also observe and report daily field problems with respect to quality, cost and
schedule. The CMFS will develop and maintain deficiency, incomplete work item, and
preliminary punch list reports and will maintain a daily construction report, as the daily history
of the Project, to include significant jobsite field events that occur each day. The CMFS will not
be responsible for means and methods of the Contractor, nor for safety of any of the Contractor's
employees, but will have the authority, but not the responsibility, to observe and report concerns
with regard to such issues.
Documentation: Consultant shall oversee and manage the Contractor's preparation and/or review
of all necessary documentation for the Project including, but not limited to, daily logs and
inspection progress reports, photos/videos, RFI, correspondence, shop drawings, and other
contractor submittals. Consultant shall maintain all files and documentation related to managing
the Project. Consultant shall track all RFI, correspondence, and submittal status. Responses,
approvals, and decisions relative to Contractor's documents shall be provided in a timely manner
and as required in the construction documents.
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Consultant shall review and comment on any project-related correspondence as requested by the
City. Routine correspondence that is related to product information or minor design issues may
be prepared and answered by Consultant on its letterhead, with a copy of the response directed to
the City's Project Manager (PM) and Architect. Correspondence requiring City response,
including but not limited to correspondence with residents, cost or contractual issues, may be
drafted by Consultant but shall be signed only by City.
Submittals: Consultant shall manage, log and track all project submittals (i.e. shop drawings,
product information, substitution request, and samples) for approval in timely manner as required
by the construction documents and in order to prevent any delays to the Project. Comments from
different reviewers of the submittal shall be compiled before being returned to the Contractor for
revisions. All submittals shall be sent directly between the Contractor and the Architect, with
copies, documentation and management reports submitted to and managed by the Consultant.
Construction Schedule: Consultant shall review the Contractor's construction schedule.
Consultant shall analyze, monitor, and request updates for the master schedule as the project
progresses. Consultant shall analyze the schedule for logical construction, constraints, level of
critical activities and to verify progress in conjunction with the analysis of pay applications.
Consultant shall review Contractors' individual Critical Path Method (CPM) schedules, monitor
the Contractor's progress, notify the City of any slippage, and coordinate Contractor recovery
plans.
Progress Payments: Consultant shall review progress payment requests submitted by Contractor,
within five (5) days of receipt and verify the accuracy and percentage of completion against the
schedule, and resolve any discrepancies in the invoices. Consultant shall review the invoices and
backup for completeness and compliance with contract documents and make a recommendation
to PM for payment of the progress payment requests.
Change Order Monitoring and Processing: Consultant shall review and evaluate all Contractor
change order requests. Consultant shall review the contract documents to determine entitlement,
complete an independent estimate of the cost of the changes, and reconcile with the Contractor's
change order request. Consultant shall prepare contract change order authorizations for City
approval and track all scope and schedule changes. Consultant shall also implement expeditious
methods for resolving conflicts.
Claims: Consultant shall analyze any claims from the Contractor (i.e., compensation and delay)
for completeness, accuracy and on-time submittal per the Contractor's contract with the City,
and as to whether they are excusable, inexcusable, or compensable and prepare an initial written
response for City. This service pertains to the original claim and, if necessary, the Meet &
Conf(,!r and Direct Negotiation subsequent steps of the claim process as described in the
Contractor's contract with the City. Consultant shall prepare written response letters to the Meet
& Confer and Direct Negotiations meetings.
Meetings: Throughout the construction process, Consultant shall be prepared to address
comments and concerns of the Contractor, other construction contractors under contract to the
City, Architect, PM, the City Staff, and the general public on an as-needed basis. Consultant
shall set up and conduct weekly progress meetings and any other meetings necessary to facilitate
the project work. Consultant shall write and distribute the meeting agendas, and meeting
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minutes, including: City-Consultant meetings, regular site meetings, and meetings with the City
staff, Contractor, City contractors, various City departments, and also the public. The meeting
minutes will explicitly track who has the responsibility for each action item with expected
completion dates. Consultant will attend City Council meetings only when requested in writing
by the PM to do so.
Consultant shall coordinate the logistics related to a ground-breaking and to a ribbon-cutting
ceremony, including working with committees, identifying power sources, etc. Costs for
beverages, materials, photographs shall not be the responsibility of the Consultant.
Consultant shall, at the direction of the PM, install, advertise, and maintain a hot-line for
community updates, questions, and complaints. Printing of flyers, presentation boards,
advertisement, equipment and other related outreach material costs shall considered a
reimbursable expense, the cost for which shall be approved in writing in advance by the PM.
Miscellaneous: Consultant shall monitor Contractor's compliance in general with the
construction documents and contract. Consultant shall address comments and concerns of the
Contractor, City contractors and the Architect as needed.
During construction, the Consultant's office space shall be provided, maintained and removed by
the Contractor, including offices, furniture and office equipment.
Quality Control and Assurance: Consultant shall monitor and document the Contractors' work
for any deviations in scope, schedule, or performance and keep the City informed of and assist in
resolving any issues that may arise.
Record Drawings: Consultant shall coordinate the preparation of record drawings with the
Contractor, City contractors and Architect on a regular basis, both during the construction and
post construction phases, and review the "as-built" drawings for accuracy.
Training: Consultant shall set up and coordinate contractor-provided training of City staff as
required by the contract documents and as necessary to ensure that the appropriate City
personnel are adequately trained and familiar with the new equipment and systems.
Commissioning: Consultant shall work with the commissioning agent, Architect, Contractor and
City contractors to ensure that all new equipment have been installed in accordance with the
contract documents, are working properly as stand-alone equipment, and are working properly as
part of a complete system.
Substantial Completion: As per the construction contract, once the Contractor requests
substantial completion and it is determined to be warranted, Consultant shall prepare and
compile a project punch list with the assistance from the City and Architect to be forwarded to
the Contractor. Consultant shall oversee the completion of the punch list items before the final
notice of completion is issued.
Close Out: Consultant shall ensure completion and delivery of all required close out
documentations including operation and maintenance (O&M) manuals, record drawings, and
warranties. Consultant shall review all these materials for compliance with the contract
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documents and for completeness, and report any deficiencies or discrepancies to Contractor for
corrections and re-submittal. Consultant shall work under the direction of the PM to resolve any
contract claim issues that may arise (stop work notices, bonding, delays, extra work, etc). As
built drawings shall be scanned by Consultant for archiving by City.
Files: Consultant shall consolidate and deliver all project files and documentation maintained to
be retained by the City.
Additional Services: Include, but are not limited to, additional meetings, change order and claim
analysis and processing following both the Meet & Confer and Direct Negotiation steps of the
claim process described in the Contractor's contract with the City, and unforeseen testing or
inspection needs.
Reimbursables: Travel and meal expenses shall not be Reimbursable items but shall be
considered as included in the fee for associated work items. Temporary trailers, computers,
copiers, printers and office supplies are not considered as a Reimbursable expense, but will be
provided to the Consultant under the Contractor's Contract. Printing of plans and specifications
shall be paid by City. Printing of flyers, presentation boards, telephone hotlines and other
communication materials needed to fulfill outreach as described herein shall be budgeted for
and provided as a Reimbursable item by Consultant. Job site safety fencing is a reimbursable
expense.
B. Testing and Special Inspections
Testing and Special Inspections: A testing agency shall be under contract with and paid for by
the Consultant. Consultant shall coordinate with the Contractor in scheduling the testing agency
services for materials testing and special inspections needed for the life of the project. This
testing includes, but is not limited to, collecting and running geotechnical tests, concrete strength
and weld inspection. Consultant shall ensure that all required sign-offs are reviewed and
distributed and are in compliance with the specifications and the California Building Codes.
Geotechnical Inspections are included by the Architect, and are not included by the Consultant.
Building Code Inspection Services: Consultant shall coordinate all building code inspection
services for construction phases of the Proj ect.
C. -Electronic Documentation and Photograph Recording
Electronic Documents: Consultant shall provide an electronic, fully addressable and cross
referenced document filing system. It will be developed and used as the Project filing system
during construction and will be updated with all closeout documentation, and cross referenced
for simple search and retrieve functionality for all project documentation for City's use after
construction. Consultant will provide labor to input all documentation, and to train City in the
use and access to all electronic project files. Any monthly service fees shall be included herein
and not in Reimbursables.
Project Documentation -Photographic Record: Based upon a build period of thirty eight (38)
months, provide a photographic pre-construction site-survey of existing conditions; thirty eight
(38) maximum exterior progressions; interior progressions; nine (9) maximum interior
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mechanical, electrical and plumbing; pre-concrete slab pour; exterior elevation, including
window-flashing and waterproofing; three (3) maximum roofing exact built showing the roof at
various stages of the project; and finished condition prior to occupancy.
All documentation shall include consultations with City identifying project-specific needs,
appropriate photographic intervals, schedules, determination of optimal locations based on the
site plans, a representative number of digital photographs at such intervals and for such durations
and at the specified milestones; linking each photo set to the appropriate location on the site
plans and floor plans; online web hosting of the documentation on the Multivista website for the
construction period covered by the documentation and for a minimum period of I-year
thereafter; password protected access to the documentation and two CD or DVD ROM copies of
the entire documentation upon completion.
D -Extended Construction Duration -section deleted
Phase III: Post Construction Services To Be Provided On A Time And Material Basis
A -Consultant Staff Services on a Time and Materials basis as follows:
Post Construction and Warranty Services: Consultant shall meet with Library, Community
Services and Public Works staff (Staff) monthly for three months commencing after the building
is open to the public in order to complete any remaining punch-list items and/or to contact the
Contractor for any warranty issues that might arise. After the initial three month period,
Consultant shall contact the Staff quarterly for a period of nine months to determine whether any
new building or systems issues have been identified. Systems deficiencies that cannot be
resolved by the Contractor shall be reported to the Commissioning Agent.
Commissioning Verification: Consultant shall participate in the post-construction activities of the
Commissioning Agent as follows:
Participate in an off-season testing (i.e., testing the heating system prior to winter) session and
work with the Contractor to correct any deficiencies.
Compile the final testing documentation for the Commissioning Record and O&M manuals.
12 Month Warranty Follow Up: Consultant shall return to the site at month 10 of the 12 month
warranty period and review operating conditions with City facility staff and the Commissioning
Agent in order to identify any outstanding issues related to the original and seasonal
commissioning. The Commissioning Agent will interview facility staff and identify problems or
concerns that they have with operating the building as originally intended. The Commissioning
Agent will make suggestions for improvements and for recording these changes in the O&M
manuals. The Commissioning Agent will identify areas that may come under warranty or under
the original construction contract. The Consultant shall work with the Contractor to resolve any
warranty issues.
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EXHIBIT "B"
SCHEDULE OF PERFORMANCE
CONSULTANT shall perform the Services on a Time and Materials basis with the goal of
completing each milestone described below.
Milestones
1. Cel1ificate of Occupancy (CO)
2. Post Construction (3 months after CO)
3, Warranty Period Ellds (12 months after CO)
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E :timated Date
ctober 31 2013
January 31 2014
October 3] 2014
Professional Services
Rev. June 1.2013
EXHIBIT "C"
COMPENSATION
The CITY agrees to compensate the CONSULTANT on a time and materials basis for
professional services performed in accordance with the terms and conditions of this
Agreement. Compensation shall be calculated on a time and material basis for the
performance of the services specified in Phase II, Construction Phase Services in Exhibit
"A". The hourly rate schedule attached as exhibit C-1 will be used to compensate
CONSULTANT for personnel assigned to each task set forth below. The budget per task
below will be used by the CITY for internal accounting.
For Subconsultants, such as Inspections, special inspections, electronic document services,
and photographic documentation services, the CITY agrees to compensate the
CONSULTANT for services performed in accordance with the terms and conditions of
this Agreement and as set forth in the budget schedule below. Compensation for the
CONSULTANT shall be calculated based upon the actual cost of the subconsultant, plus a
fee of five percent (5%), up to the not to exceed budget amount set forth below.
The compensation to be paid to CONSULTANT under this Agreement for the
performance of services described in Exhibit "A" ("Basic Services") and reimbursable
expenses shall not exceed $700,000 (the "Cap"). If the CITY wants CONSULTANT to
perform the Services so that CONSULTANT's compensation (for both professional
services and reimbursable expenses) would exceed the Cap, then (a) prior written
authorization from the CITY will be required, and (b) CONSULTANT will not be
required to perform those Services unless and until the City Council authorizes a written
contract amendment increasing the Cap accordingly. Any work performed or expenses
incurred for which payment would result in a total exceeding the Cap without prior
authorization from the CITY shall be at no cost to the CITY.
CONSUL T ANT's work shall be performed on a Time and Materials basis and shall
perform the tasks and categories of work as outlined below. In the event Consultant's
Task 1 Staff Costs exceed $105,000 in any month, CONSULTANT shall promptly notify
the City Manager and Public Works Director in writing once it becomes aware that such
Staff Costs have been incurred. CONSUL T ANT shall submit detailed time records and
reimbursables backup in a form acceptable to the CITY. 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 $700,000.
BUDGET SCHEDULE
Task 1 Staff Costs
(Phase II, Section A: Construction Phase)
Task 2
(Phase II, Section B: Testing & Inspection)
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NOT TO EXCEED AMOUNT
$525,000
$15,000
Professional Services
Rev. June 1,2013
Task 3
(Phase II, Section C: Electronic Documents)
Task 4
(Phase II, Section C: Photographic)
Task 5
(Phase III: Post Construction)
Sub-total Basic Services
Reimbursable Expenses
Total Basic Services and Reimbursable expenses
Additional Services (Not to Exceed)
Maximum Total Compensation
REIMBURSABLE EXPENSES
$90,000
$5,000
$45,000
$680,000
$20,000
$700,000
$0
$700,000
The administrative, overhead, secretarial time or secretarial overtime, word processing,
photocopying, in-house printing, insurance and other ordinary business expenses are
included within the scope of payment for services and are not reimbursable expenses.
Then CITY will reimburse CONSULTANT for approved subcontracted services billed at
cost plus 5%.
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-l . 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
TIME AND MATERIALS WORK
Notwithstanding any other provision or anything to the contrary herein, it is expressly
understood and agreed by both parties that this contract is for Hourly .and Time and
Materials work, and that Consultant will provide staff and services up to the total contract
authorization of $700,000 only, regardless of the status of construction, the status of the
project, the performance or actions of the Contractor, the status of milestone dates, or the
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R~\ !lI1lC I. 21)1 ~
status of the Construction Schedule. Consultant will keep the City advised at reasonable
intervals as to how the Construction Management compensation is approaching the total
authorization of $700,000, and will work with the City to manage the level of staff and the
services to work towards the $700,000 authorization.
EXHffiIT "C-1"
HOURLY RATE SCHEDULE
Rates for Services Performed in 2013 Rates for Services Performed in 2014
(because anticipated warranty period
extends into 2014) Project Executive $261
Project Manager $185
Superintendent $119
Project Engineer $118
Administration $71
Scheduling $174
Accounting $113
.. C"S IUll1e'!' llll"II'II~lhlll
Project Executive
Project Manager
Superintendent
Project Engineer
Administration
Scheduling
Accounting
20
$270
$191
$184
$122
$ 73
$179
$116
IJI'(llcs~inllal . Cl'I'ICCS
f{\;, June I. 20 IJ
EXHIBIT "D"
INSURANCE REQUIREMENTS
CONTRACTORS TO THE CITY OF PALO ALTO (CITY), AT THE[R SOLE EXPENSE, SHALL FOR THE TERM OF THE CONTRACT
OBTA1N AND MA1NTA1N lNSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY
COMPANIES WITH AM BEST'S KEY RATING OF A-:VlI, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT
INSURANCE BUSINESS IN THE STATE OF CALIFORNIA.
AWARD [S CONTINGENT ON COMPLIANCE WITH CITY'S INSURANCE REQUiREMENTS, AS SPECWIED, BELOW:
MINIMUM LIMITS
REQUIRED TYPE OF COVERAGE REQUIREMENT EACH
YES
YES
YES
YES
YES
YES
OCCURRENCE AGGREGATE
WORKER'S COMPENSA T[ON STATUTORY
EMPLOYER'S LlAB[L1TY STATUTORY
BODILY INJURY $1,000,000 $1,000,000
GENERAL LIABILITY, INCLUDING
PERSONAL INJURY, BROAD FORM PROPERTY DAMAGE $1,000,000 $1,000,000
PROPERTY DAMAGE BLANKET
CONTRACTUAL, AND FIRE LEGAL BODILY INJURY & PROPERTY DAMAGE $1,000,000 $1,000,000
LIABILITY COMBINED.
BODILY INJURY $1,000,000 $1,000,000
-EACH PERSON $1,000,000 $1,000,000
-EACH OCCURRENCE $1,000,000 $1,000,000
AUTOMOBILE LIABILITY, INCLUDING
ALL OWNED, HIRED, NON-OWNED PROPERTY DAMAGE $1,000,000 $1,000,000
BODILY INJURY AND PROPERTY $1,000,000 $1,000,000
DAMAGE, COMBINED
PROFESSIONAL LIABILITY, INCLUDING,
ERRORS AND OMISSIONS,
MALPRACTICE (WHEN APPLICABLE),
AND NEGLIGENT PERFORMANCE ALL DAMAGES $1 000000
THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONTRACTOR, AT ITS SOLE COST AND
EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY
RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONTRACTOR AND ITS
SUBCONSULTANTS, IF ANY, BUT ALSO, W[TH THE EXCEPTION OF WORKERS' COMPENSATION, EMPLOYER'S LIABILITY AND
PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS,
AND EMPLOYEES.
I. INSURANCE COVERAGE MUST INCLUDE:
A. A PROVISION FOR A WRITTEN THIRTY (30) DAY ADVANCE NOTICE TO CITY OF CHANGE IN
COVERAGE OR OF COVERAGE CANCELLATION; AND
B. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR
CONTRACTOR'S AGREEMENT TO INDEMNIFY CITY.
C. DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITY'S PRIOR APPROV AL.
11. CONTACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE.
III. ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO "ADDITIONAL
INSUREDS"
A, PRIMARY COVERAGE
WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE AS
AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING WITH ANY OTHER
INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS.
21
S:i'CS Tlllilcr ('OIlSU'LlCIIOIl
Prolessiollul Serviccs
ReI JLlIlC I. 2fJIJ
B. CROS L1ASI ITY
TH ' NAMING OF MORE THAN ONE P 'RSON, FIRM, OR CORPORATION A INSUREDS UNDER THE POll V
SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH A Y RIGHTS OF THE INSUR.ED AGAINST ANOTHER,
BUT TI-IIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHAL NOT INCREASE THE TOTAL
LlAI3lLlTY Of-THE OMPANY UNDER THI POLl Y.
C. NOTICE OF CANCELLATION
I. IF THE POLICY IS ANC ' LED BEPORE ITS EXPIRATION DATE FOR ANY R.EASON
OTHER THAN THE NON·PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL
PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITIEI NOTf E BEFORE THE
EFFECTIVE DATE OF CANCELLATJON.
2. IF THE POLl Y IS ANCELED BEFORE IT EXPIRATION DAT · FOR THE NON
PAVMENT OF PREMIUM, THE I SUING OMPANY SI-IALL PROVIDE CITY AT LEA l' A
TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
NOTICES SHALL BE MAlLEI) TO:
~ (~l llrn~'1 I 11I1~II IICW)1I
PURCHASING AND CONTRACT ADMINISTRATJON
CITY OF PALO ALTO
P.O. BOX 10250
PALO ALTO, CA 94303
22
l'roIC$ Illmll Services
RI'I .111111; 1 201.1
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S://CS/Mitchell Park/Group 4 Contracts
CITY OF PALO ALTO CONTRACT NO. C09130744
AMENDMENT NO. 7 TO CONTRACT NO. C09130744
BETWEEN THE CITY OF PALO ALTO AND
GROUP 4 ARCHITECTURE, RESEARCH + PLANNING, INC.
This Amendment No. 7 (“Amendment”) to Contract No. C09130744 (“Contract”)
is entered into and made effective on May ____, 2013, by and between the CITY OF PALO ALTO,
a California chartered municipal corporation (“CITY”), and GROUP 4 ARCHITECTURE, RESEARCH
+ PLANNING, INC., a California corporation with offices located at 211 Linden Avenue, South
San Francisco, California 94080 (“CONSULTANT”).
R E C I T A L S:
WHEREAS, the Contract was entered into on March 2, 2009, between the parties
for a total Contract amount not to exceed $3,827,280 for the provision of professional
consulting design services relating to, among other things, the demolition of an existing library
and community center at Mitchell Park and the construction of a new joint library and
community center (“Mitchell Park Project”), rehabilitation of the Downtown Library, renovation
and addition to the Main Library, and to provide temporary facilities during the construction of
the other projects (“Project”); and
WHEREAS, on September 14, 2009, the parties amended the Contract to add
$92,034 of compensation for a total Contract amount not to exceed $3,919,314; (Amendment
No. 1) and
WHEREAS, on June 28, 2010, the parties amended the Contract to add $312,396
of compensation for a total Contract amount not to exceed $4,231,710; (Amendment No. 2)
and
WHEREAS, on August 5, 2010, the parties amended the Contract to add
$3,192,000 of for a total Contract amount not to exceed $7,423,710; (Amendment No. 3) and
WHEREAS, on July 25, 2011, the parties amended the Contract to add $258,041
of compensation for a total Contract amount not to exceed $7,681,751; (Amendment No. 4)
and
WHEREAS, on January 5, 2012, the parties amended the Contract to add
$220,670 of compensation for a total Contract amount not to exceed $7,902,421; (Amendment
No. 5) and
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WHEREAS, on November 5, 2012, the parties amended the Contract to add
$692,810 of compensation for a total Contract amount not to exceed $8,595,231. In addition,
the parties entered into a Tolling Agreement which remains in effect; (Amendment No. 6); and
WHEREAS, the contractor, Flintco, Inc. (“Contractor”), hired to build the Mitchell
Park Project has failed to complete the Mitchell Park Project within the time specified in the
related construction contract and the current schedules indicate the Mitchell Park Project will
be delayed beyond the completion date specified in such construction contract and the parties
understand that current projections are for opening of the Mitchell Park Project in November
2013 and Contractor’s Substantial Completion of it sometime before that opening; and
WHEREAS, Consultant, on the one hand, contends that the Mitchell Park Project
will be delayed beyond the completion date of its responsibility to provide Basic Construction
Administration Services for the Construction Phase of the Mitchell Park Library Project and,
further contends under Article 1.5.1 of Exhibit A of the Contract and its Amendments, any
further time and effort spent by Consultant on behalf of the Construction Phase of the Mitchell
Park Project shall be provided as an Additional Service; and the City, on the other hand, desires
to reserve its rights regarding these contentions and to assert damages incurred for delay
and/or extra consultant fees if the delay and/or consultant fees are required due to the
negligence of Consultant; and
WHEREAS, the parties seek by this Amendment No. 7 to maintain Consultant
services and avoid delay to the Mitchell Park Project by extending the completion date of
Consultant’s responsibility to provide Basic Construction Administration Services for the
Construction Phase of the Mitchell Park Library Project and amending Consultant’s
Compensation under the Contract; and to reserve the City’s rights with respect to certain
damages relating to this amendment.
NOW, THEREFORE, in consideration of the covenants, terms, conditions, and
provisions of this Amendment, the parties agree:
SECTION 1. The Recitals set forth above are hereby incorporated in and made
a part of this Amendment and the Contract by this reference.
SECTION 2. Section 4 NOT TO EXCEED COMPENSATION is hereby amended to
read:
“Subject to the Reservation of Rights provisions set forth in Exhibit “C”, attached
and incorporated by this reference, and Section 7 of this Amendment 7, the compensation paid
to CONSULTANT for performance of the Services described in Exhibit “A”, including both
payment for professional services and reimbursable expenses, shall not exceed Seven Million
Nine Hundred Fifty Eight Thousand Nine Hundred Ninety Nine Dollars ($7,958,999). In the event
Additional Services are authorized, the total compensation for services and reimbursable
expenses shall not exceed Eight Million Eight Hundred Fifty Five Thousand Two Hundred Thirty
One Dollars ($8,855,231). The additional compensation amount of $260,000 added by this
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S://CS/Mitchell Park/Group 4 Contracts
Amendment No. 7 shall be billed on the actual time and materials basis based on the hourly
rate schedules attached as Exhibit C and C‐1 up to such not to exceed amount budgeted for
Task G1.1. The applicable rates and schedule of payment are set out in Exhibit “C” and “C‐1”
which are attached to and made part of this Agreement.”
Additional Services, if any, shall be authorized in accordance with and subject to
the provisions of Exhibit "C" and Exhibit "C‐1". 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 3. The following exhibits to the contract are hereby amended to read
as set forth in the following attachment to this amendment which is incorporated in full by this
reference.
a. Exhibit “B” entitled “EXHIBIT “B” SCHEDULE OF PERFORMANCE”.
b. Exhibit “C” entitled EXHIBIT “C” “COMPENSATION”.
SECTION 4. EXHIBIT “A” SCOPE OF WORK, II. CONSULTANT’S BASIC SERVICES,
SECTION 1.5.1, as most recently amended in Amendment No. 5 to the Contract, is hereby
amended to read:
“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 on October 31, 2013 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 by October 31, 2013, any further time and
effort spent on behalf of the project shall be an Additional Service provided on a time and
materials basis. Consultant will not be obligated to provide any work beyond October 31, 2013
unless directed by CITY in writing."
SECTION 5. To facilitate the resolution of any reasonably possible dispute
between the parties, Consultant agrees to separately document any and all work performed by
Consultant that can reasonably be interpreted as being affected by, or necessitated because of,
a defect, error or omission on the part of Flintco, Inc. in Flintco, Inc.' s work on the Project.
SECTION 6. Except as herein modified, all other provisions of the Contract,
including any exhibits and subsequent amendments thereto, shall remain in full force and
effect.
SECTION 7. Should a dispute (“Dispute”) arise between the parties over the
interpretation of this Contract, and the benefits and obligations therein, the parties’ agreement
to extend the term or the Schedule of Performance and amend Consultant's Compensation
shall not preclude City from asserting damages incurred for delay and/or extra consultant fees
if the extension and/or consultant fees are required due to the negligence of Consultant and
shall not preclude Consultant from asserting damages incurred for delay and/or extra fees and
expenses if the extension and/or consultant fees and expenses are required due to the acts or
omissions of City and/or any third party, including City's separate consultants and contractors.
The parties agree that nothing contained in the Recitals hereto and provisions herein are in any
way intended to be an admission or concession regarding liability and shall not be interpreted
to impact the parties' respective positions, rights, claims and remedies in any respect.
IN WITNESS WHEREOF, the parties have by their duly authorized representatives
executed this Amendment on the date first above written.
CITY OF PALO ALTO
James Keene
City Manager
APPROVED AS TO FORM:
Senior Asst. City Attorney
s:/ /CS/Mitchell Park/Group 4 Contracts
4
GROUP 4 ARCHITECTURE, RESEARCH +
PLANNING, INC. ~ ~ . By: i~~
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S://CS/Mitchell Park/Group 4 Contracts
CITY OF PALO ALTO CONTRACT NO. C09130744 – AMENDMENT SEVEN
EXHIBIT “B”
SCHEDULE OF PERFORMANCE
CONSULTANT shall perform the Services so as to complete each milestone within the number
of 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.
Milestones Completion
No. of Weeks
From NTP
MITCHELL PARK LIBRARY / COMMUNITY CENTER
Task D1: Design Development Week 24
Task E1: Construction Documents Week 50
(26 weeks from receipt of
authorization to proceed from
Design Development Task)
Task F1: Bidding & Award Week 63
(13 weeks from receipt of
authorization to proceed from
Construction Document Task)
Task G1: Construction Administration Approx. October 31, 2013
Task H1: Project Closeout & Record Documents 90 days starting from General
Contractors receipt
of substantial completion.
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CITY OF PALO ALTO CONTRACT NO. C09130744 – AMENDMENT SEVEN
EXHIBIT “C”
COMPENSATION
CITY agrees to compensate the CONSULTANT for professional services performed in accordance with the
terms and conditions of this Contract, and as set forth in the budget schedule below. Compensation shall
be paid to the CONSULTANT on a lump sum basis for Mitchell Park Library Task D1, E1, F1, subject to the
Reservation of Rights below. Compensation shall be paid to the CONSULTANT on a lump sum basis for
Renovated Downtown Library Task D2, E2, F2, G2, and H2. Compensation for Temporary Library Task D3,
E3, F3, and G3 shall be calculated based on the hourly rate schedules attached as Exhibit C‐1 up to the Not
to Exceed amount set forth below. Compensation for Participation Task D4 shall be on a per meeting basis
as identified in attached Exhibit C‐1 up to the Not to Exceed amount set forth below.
Subject to the Reservation of Rights below the compensation to be paid to CONSULTANT under this
Contract for all services described in Exhibit "A ", ("Basic Services") and reimbursable expenses shall not
exceed $7,958,999. 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 $8,855,231. Any work performed or expenses incurred for which payment would result in 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 $7,958,999 and the total compensation for Additional Services does not exceed
$896,232.
RESERVATION OF RIGHTS
Reservation of Rights: All sums paid to Consultant and received by Consultant under this
Amendment are made without prejudice and City and Consultant hereby agree each reserves
any and all rights and/or defenses they may have against each other, whether in existence now
or hereafter, including, but not limited to, the City's right to claim it incurred extra consultant
fees due to construction delays and/or other causes, irrespective of whether the City’s claimed
extra consultant fees were paid to Consultant or the City’s separate consultant(s). The parties
reserve the rights to make these claims until such time as the City and Consultant resolve all
claims and disputes that may arise between them in connection with the Mitchell Park Project.
Any payment made by City to Consultant under Contract Amendment No. 7 shall not affect in
any way City’s ability to assert that it incurred damages in the form of extra consultant fees and
expenses, in connection with the Mitchell Park Project.
Notwithstanding the foregoing, if the CITY and CONSULTANT have been unable to agree in
writing to the entitlement to the funds paid by CITY to CONSULTANT, subject to the Reservation
of Rights above within ninety (90) days after the CITY’s final resolution (e.g., the dates of any of
the following: settlement agreement; judgment following trial; or judgment following an award
in binding arbitration) of any and all claims by or against Contractor, then CITY AND
CONSULTANT may submit the dispute surrounding the Reservation of Rights funds to final and
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S://CS/Mitchell Park/Group 4 Contracts
binding arbitration to be conducted by a single arbitrator from Judicial Arbitration and
Mediation Services (“JAMS”) of San Jose, California, or any successor entity. The arbitrator, if
any, shall be jointly selected by the CITY AND CONSULTANT or, if they are unable to agree
within fourteen (14) days of the first written proposal of an arbitrator, appointed in accordance
with the then‐current JAMS arbitrator appointment process and subject to all JAMS procedural
and discovery rules then in effect.
This provision shall not be construed as an agreement to submit any other claims or actions
either party has or may have against one another to JAMS arbitration and such other claims or
actions shall be governed by the terms set forth in the Contract.
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S://CS/Mitchell Park/Group 4 Contracts
CITY OF PALO ALTO CONTRACT NO. C09130744 – AMENDMENT SEVEN
BUDGET SCHEDULE NOT TO EXCEED AMOUNT BASIS
MITCHELL PARK LIBRARY/COMMUNITY CENTER
Task D1 $845,456 Lump Sum
(Design Development)
Task E1 $1,882,656 Lump Sum
(Construction Documents)
Task F1 $150,437 Lump Sum
(Bidding & Award)
Task G1 $1,156,517 Lump Sum
(Construction Administration, FFE & Signage)
Task G1.1 after Jan. 2, 2012 $940,810 Lump Sum
(Construction Administration, FFE & Signage)
Task H1 $143,339 Lump Sum
(Project Closeout & Record Documents)
Subtotal $5,119,215
RENOVATED DOWNTOWN LIBRARY
Task D2 $88,383 Lump Sum
(Design Development)
Task E2 $227,882 Lump Sum
(Construction Documents)
Task F2 $14,941 Lump Sum
(Bidding & Award)
Task G2 $146,100 Lump Sum
(Construction Administration)
Task G2.1 $81,796 Lump Sum
(LEED Design & Documentation)
Task G2.2 $20,000 Lump Sum
(Furniture)
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S://CS/Mitchell Park/Group 4 Contracts
CITY OF PALO ALTO CONTRACT NO. C09130744 – AMENDMENT SEVEN
BUDGET SCHEDULE NOT TO EXCEED AMOUNT BASIS
Task H2 $25,500 Lump Sum
(Project Closeout and Record Documents)
Subtotal $604,602
TEMPORARY MITCHELL PARK LIBRARY
Task D3 $12,688 Time & Materials to a
(Schematic Design & Design Build Bid maximum
Package)
Task E3 $95,916 Lump Sum
(Construction Documents)
Task F3 $9,440 Lump Sum
(Bidding & Award)
Task G3 $24,415 Lump Sum
(Construction Administration)
Subtotal $142,459
MAIN LIBRARY PROJECT
Task D4 $488,307 Lump Sum
(Design Development)
Task E4 $892,814 Lump Sum
(Construction Documents)
Task E4.1
(Library and Art Center Site Integration $41,948 Lump Sum
Design and Construction Documents)
Task F4 $90,749 Lump Sum
(Bidding & Award)
Subtotal $1,513,818
TEMPORARY MAIN LIBRARY
Task AS &C5 $39,725 Time & Materials to a
(Site Analysis & Prelim Design Documents) maximum
Task ES $22,410 Lump Sum
(Construction Documents, Bidding & Award)
Subtotal $62,135
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CITY OF PALO ALTO CONTRACT NO. C09130744 – AMENDMENT SEVEN
ART CENTER RENOVATION
Task E4.2 $41,948 Lump Sum
(Library and Art Center Site Integration)
Design & Construction Documents
Subtotal $41,948
PARTICIPATION
Task D6 Mitchell Park Library $75,000 Lump Sum Allowance
Main Library 82,000
Art Center 7,000
Subtotal $164,000
Subtotal Basic Services $7,648,177
Reimbursable Expenses Allowance:
Mitchell Park Library $160,000
Mitchell Park Library after Sept. 4, 2012 12,000
Downtown Library 56,000
Temporary MP Library 13,500
Main Library 50,000
Temporary Main Library 19,322
Subtotal Reimbursable Expenses $310,822
Total Basic Services and Reimbursable Expenses $7,958,999
Additional Services (Not to Exceed)
Mitchell Park Library $654,510
Downtown Library 56,000
Temporary MP Library 15,600
Main Library 157,082
Temporary Main Library 8,145
Art Center 4,895
Subtotal Additional Services $896,232
Maximum Total Compensation $8,855,231
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CITY OF PALO ALTO CONTRACT NO. C09130744 – AMENDMENT SEVEN
REIMBURSABLE EXPENSES
The administrative, overhead, secretarial time or secretarial overtime, word processing,
photocopying, in‐house printing, insurance and other ordinary business expenses are
included within the scope of payment for services and are not reimbursable expenses. cm
shall reimburse CONSULTANT for the following reimbursable expenses at cost not to
exceed the total amount shown above. Expenses for which CONSULTANT shall be
reimbursed are:
• Outside service printing/copying of drawings and documents of any size.
• In‐house printing of CAD check sets and presentation drawings larger than
11"x17": $2.00 per square foot.
• In‐house black & white photocopying for draft and final reports and specifications:
$2.00 per page.
• In‐house color and grayscale printing and photocopying up to 11"x 17" for in house,
consultant or client use: $1.25 per page.
• Software purchase and licensure on behalf of the client.
• Postage, delivery and messenger service.
• Photographic and digital imaging.
• Architectural renderings and scale models.
• Travel expenses
• Subconsultant costs over and above those included in Basic Services.
• Presentation boards.
• Facilitation tools.
• Workshop accessories.
• Workshop facilitation materials
All requests for payment of expenses shall be accompanied by appropriate backup
information. Any expense anticipated to be more than $1,000.00 shall be approved in
advance by the CITY’s project manager.
ADDITIONAL SERVICES
The CONSULTANT shall provide additional services only by advanced, written
authorization from the CITY. The CONSULTANT, at the CITY's project manager's request,
shall submit a detailed written proposal including a description of the scope of services,
schedule, level of effort, and CONSULTANT's proposed maximum compensation,
including reimbursable expense, for such services based on the rates set forth in Exhibit
C‐I. 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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CITY OF PALO ALTO CONTRACT NO. C09130744 – AMENDMENT SEVEN
Work required because the following conditions are not satisfied or are exceeded shall
be considered as additional services.
1. If any of the following circumstances affect the CONSULTANT's services for the
Project, the CONSULTANT may be entitled to an appropriate adjustment in the
CONSULTANT's schedule and compensation:
a. Change in the instructions or approvals given by the CITY that necessitate
revisions in design drawings and which are not caused by CONSULTANT's
negligence;
b. Enactment or revision of codes, laws, or regulations or official interpretations
which necessitate significant changes to previously prepared drawings;
c. Material delay caused by the CITY beyond CONSULTANT's reasonable control
d. Significant change in the Project including, but not limited to, size,
complexity, the Owner's schedule or budget, or procurement method;
e. Preparation for and attendance at a dispute resolution proceeding or a legal
proceeding except where the CONSULTANT is a party thereto;
f. Substantial change in the information contained in Exhibit A.
Additional services may also include, meetings exceeding those outlined in
Exhibit A as Basic Services.
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S://CS/Mitchell Park/Group 4 Contracts
EXHIBIT C‐1
CONSULTANT Hourly Rates and Meeting Rates for Additional Services
CONSULTANT's hourly and meeting rate schedule shall be:
Group 4 Architecture Research + Planning, Inc.
Position Hourly Rate
Consulting Principal $250
Principal in Charge $195
Principal $180
Associate $160
Project Manager $150
Professional I $140
Professional II $130
Professional III $120
Technical I $125
Technical II $110
Technical III $ 95
Technical IV $ 85
Project Support $ 80
Subconsultants of the CONSULTANT will be billed hourly in accordance with the subconsultants’
rate table as follows:
BKF Engineering (Civil)
Position Hourly Rate
Engineering:
Associate $170
Project Manager $160‐$165
Engineer IV $150
Engineer I, II, III $105‐$125‐$145
Planning:
Planner I, II, III $110‐$125‐$140
Surveying:
Project Manager $160
Surveyor I, II, III, IV $105‐$125‐$145‐$150
Survey Party Chief $135
Survey Chainman $105
Apprentice I, II, III, IV $55‐$75‐$85‐$95
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S://CS/Mitchell Park/Group 4 Contracts
Design & Drafting:
Technician I, II, III $105‐$110‐$115
Drafter I, II, III, IV $80‐$90‐$95‐$105
Student Engineer/Surveyor $60
Construction Administration:
Senior Construction $160
Administration
Resident Engineer $115
Field Engineer I, II, III $115‐$124‐$140
Services & Expenses:
Project Assistant $70
Clerical/Admin Assistant $60
Rutherford & ChekeDe (Structural)
Position Hourly Rate
Executive Principal $230
Principals $190‐$200
Senior Engineers $150‐$190
Engineers $110‐$150
Designers $95‐$120
CADD Specialists $90‐$140
Guttmann & Blaevoet (Mechanical)
Position Hourly Rate
Principal $230
Associate Principal $210
Associate $185
Senior Engineer $170
Engineer $135
CAD Manager $125
Designer $120
Drafter $110
Administrative $70
O'Mahony & Myer Electrical + Lighting)
Position Hourly Rate
Founding Principal $235
Principals $200
Project Electrical Engineer $130
Project Lighting Designer $130
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S://CS/Mitchell Park/Group 4 Contracts
Electrical/Lighting Designer $115
CAD Supervisor $105
CAD Technician $90
Administrative $70
Davis Langdon (Cost Estimator)
Position Hourly Rate
Principals $250‐$300
Associate Principals $210
Senior Associates $185
Associates $160
Cost Planners $90‐$155
Clerical $70
Gates + Associates (Landscape)
Position Hourly Rate
President $175
Principal $120‐$150
Senior Associates $105‐$125
Irrigation Designer $105
Associates $80\5‐$105
Draftspersons/Landscape Designer $70‐$85
Clerical Staff $60‐$70
Smith Fause McDonald (Technology/Acoustic)
Position Hourly Rate
Principals $175
Associates/Senior Engineers $145
Project Consultants/Engineers $125
Consultants/Engineers $105
Technicians/Drafting $80
Administrative $70
The above listed rates are adjusted annually. The next adjustment will be 30 June 2013.
Minor, Beth
From: Michael Goldeen <goldeen@goldeen.coM~ y CLE.r{~;'S OFF ICE·
Sent:
To:
Subject:
Wednesday, May 08,2013 12:55 PM
Council, City
Mitchell Park Library Shambles
Perhaps it's time to put City management on notice too.
Michael Goldeen
2350 Tasso Street
Palo Alto, CA 94301
Phone 650-391-7247
E-mail michael@goldeen.com
Library contractor on notice
Letter tells Flintco Pacific to produce plans for getting project back on track
BYJASON GREEN
Daily News Staff Writer
13 MAY -9 Mi lO: 47
5
The city of Palo Alto has put the contractor it hired to rebuild the Mitchell Park Library and Community Center on notice: shape up or ship out.
The roughly $27.2 million project is now more than a year behind schedule and isn't expected to be completed until Nov. 22. City Manager James
Keene attributed the delay to shoddy work and poor management in a four-page letter he sent Monday to Tom Maxwell, president and CEO of
Flintco Pacific.
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