HomeMy WebLinkAbout2001-06-04 City Council (2)TO:
FROM:
City of Palo Alto.
CityManager’s Report
HONORABLE CITY COUNCIL
CITY MANAGER DEPARTMENT: PUBLIC WORKS
5
DATE:
SUBJECT:
,JUNE 4, 2001 CMR:263:01
1)APPROVAL OF A BUDGET AMENDMENT ORDINANCE FOR THE
FISCAL YEAR 2000-01 TO PROVIDE AN ADDITIONAL
APPROPRIATION OF $6,024,814 FOR THE DOWNTOWN PARKING
STRUCTURES CAPITAL PROJECT NUMBER 19530 FOR PLANNING,
FINAL DESIGN, ACQUISITION, PROJECT MANAGEMENT,
ASSESSMENT DISTRICT COSTS; AND
APPROVAL OF CONTRACT AMENDMENTS WITH WATRY
DESIGN GROUP AND TURNER CONSTRUCTION COMPANY IN
THE AMOUNT OF $2,112,652 FOR FINAL DESIGN SERVICES
FOR THE DOWNTOWN PARKING STRUCTURES
REPORT IN BRIEF
On May 14, Council approved a Resolution authorizing staff to issue and sell bonds to
refinance the University Avenue Off-Street Parking District’s 1989 bonds; pay remaining
debt service on the 1977 Parking Bonds; and reimburse the City’s General Fund for study
and pre-design expenditures. Staff is now requesting approval of a Budget Amendment
Ordinance that appropriates funds for final design and architectural work, acquisition costs,
assessment engineer expenses, management and administrative work. In addition, staff is
requesting approval of amendments to existing design and construction contracts necessary
for the next phase of work.
CMR:263:01 Page 1 of 6
RECOMMENDATION
Staff recommends that Council:
Approve a Budget Amendment Ordinance (Attachment A)for Fiscal Year 2000-01
to provide an additional appropriation of $6,024,814 being funded by a combination
of bond proceeds and cash payments ($5,095,369), the General Fund Budget
Stabilization Reserve ($163,150), the University Avenue Parking In-Lieu Fund
($766,295) and additional transactions described in this report.
Approve and authorize the Mayor to execute Amendment No. 2 to Consultant
Contrac.t No. C6076145 with Watry Design Group (Attachment B) in the amount of
$1,636,000 to provide final design services for the Downtown Parking Structures.
Approve and authorize the City Manager or his designee to negotiate and execute one
or more change orders to the contract amendment with Watry Design Group for
related, additional but unforeseen work that may occur during final design work, the
total value of which change orders shall not exceed $163,000.
Approve and authorize the Mayor to execute Amendment No. 1 (Attachment C) to
Consultant Contract No. C8103688 with Turner Construction Company for $285,138
to provide project management services to supplement existing staff during Phase III
of the Downtown Parking Structures.
Approve and authorize the City Manager or his designee to negotiate and execute one
or more change orders to the contract amendment with Tumer Construction Company
for related, additional but unforeseen work that may occur during Phase III, the total
value of which change orders shall not exceed $28,514. ’
BACKGROUND
On March 19, 2001, Council adopted a Resolution Adopting Engineer’s Report, Confirming
the Assessment, Ordering the Work and Directing Actions with Respect Thereto for the new
University Avenue Area Off-Street Parking Assessment District. On May 14, Council
approved a Resolution authorizing staff to issue and sell bonds to refinance the University
Avenue Off-Street Parking District’s 1989 bonds; pay remaining debt service on the 1977
Parking Bonds; and reimburse the City’s General Fund for study and pre-design
expenditures.. In addition, on May 14 staff indicated that it would return to Council with a
Budget Amendment Ordinance for the downtown parking structures project.
DISCUSSION
In anticipation of a successful bond sale and closing on June 13 and June 26, respectively,
staff is requesting approval of a Budget Amendment Ordinance (BAO) and other contract
amendment approvals necessary to implement the downtown parking structures project. This
CMR:263:01 Page 2 of 6
BAO includes, the required appropriations for the next phases of the project. These include
funds for final design and architectural work, acquisition costs, assessment engineer
expenses, management and administrative work. Examples of such work include the contract
amendments cited in this report for architectural and engineering services that will provide
for the preparation of final construction documents. Approval of this BAO also will provide
design services and related support up to the time of construction of the garages.
During the final design phase, Watry Design Group will complete the exterior detailing as
well as the interior electrical, mechanical, and other specialty work on the garages. The
construction cost, logistics and schedule will also be refined during this period.
During the preliminary design period, an engineer from Turner Construction Company was
hired to supplement staff from the Public Works Department. The Public Works Department
did not have sufficient staff to fully staff the parking structure project given its workload and
used outside assistance in this area. Approval of the BAO and the attached .contract
amendment will allow this assistance to continue through final design.
As mentioned in prior reports, staff will be returning in Spring 2002 with the second stage
of financing for this project. As with the first phase, staff will return with a request to
authorize the issuance and sale of bonds; another BAO for authorization to spend funds for
the project; and a request to approve awarding a construction contract.
In addition to authorizing funds for the parking structure project, the BAO authorizes
additional transactions. Based on a previous Resolution of Intention to Reimburse, the
General Fund will be reimbursed $532,048 from bond proceeds for funds advanced in the
initial stage of .the project. The General Fund, in turn, is responsible for paying for
preliminary and final design costs associated with the non-parking area that will be made
available to future tenants. This results in an appropriation from the Budget Stabilization
Reserve (BSR) and a transfer to the project of $163,150. It is staff’s intent, to reimburse the
BSR for the $163,150 when it debt finances the construction of the non-parking area in the
second financing phase of this project. Staff is also requesting through the BAO a
transaction that wi!l transfer the cost of Assessment Engineer work to the project instead of
having it come from the City’s operating budget. This is accomplished by decreasing the
General Fund operating budget by $72,400 and including these fundsin the appropriation for
the project.
As stated in CMR:237:01, parking in-lieu funds used to finance the initial study and design
costs will not be reimbursed. This is because the sole purpose for which those funds may be
used is to pay costs associated with providing new parking. Staff is .requesting that $766,295
currently in the Parking In-Lieu Fund be transferred and appropriated for the project.
Finally, staff is requesting that Council recognize receipt of $144,754 in cash payments from
District property owners. Approximately $28,389 .in associated financing costs must be
CMR:263:01 Page 3 of 6
returned to these property owners since they are not financing their assessments; the
remainder of the cash payment, $115,426, will be used toward project Costs.
It should be noted that there are additional financial transactions related to the first phase
financing. These transactions are not included in the requested BAO for project
expenditures, but are necessary and will be paid by using bond proceeds. These transactions
include: refinancing the 1989 District Improvement Bonds; paying remaining debt service
on the 1977 parking bonds; funding cost of issuance expenditures such as the financial
advisor and bond counsel; and paying the underwriter discount and bond insurance.
RESOURCE IMPACT ~ ~
The attached BAO requests an additional appropriation for Project 19530 of $6,024,814 from
the sources and for the purposes indicated in the table below. These are one-time expenses
and future year ongoing resource needs that may arise as a result Of this BAO are unknown
~thistime.
Amount
$4,346,167
532,048
72,400
163,150
144,754
766,295
Total $6,024,814
Source
Bond Proceeds
Bond Proceeds
Bond Proceeds
General Fund
Assessment Payments
Parking In,Lieu Funds
Use
Project Experiditures
Reimbursement to Gen. Fund
Assessment Engineer
Design Work/Non-Parking
Project Expenditures
Project Expenditures
Attachment F summarizes the BAO’s approved to date in 2000-2001 that impact reserves.
POLICY IMPLICATIONS
Approval of the amendment and agreement are consistent with existing City policies.
TIMELINE
The final design is expected to be complete by December 2001. The construction documents
could then be advertised for bids in January 2002, with the construction contract available
for award in March 2002. It will take approximately 1.5 years to complete
construction.
2001
June 4 Budget Amendment Ordinance to fund final design, architectural,
and management work prior to construction
June 13 Bonds sold
June 26 Bond proceeds received
CMR:263:01 Page 4 of 6
May - December Design work completed
2002
January
March
March
Construction bids solicited
Publish and mail notices of second assessment payment to each
property owner. Property owners have 30 days to pay cash for
all or part of their confirmed assessment.
Award construction contract
April Council adopts Resolution Authorizing the Issuance of Limited
Obligation Improvement Bonds. This resolution confirms
unpaid assessments after the second cash payment, authorizes
the second, series of bonds and approves the bond sale
documents for the second series.
April City issues second series of bonds to finance construction of
garages and non-parking area
April Construction begins
ENVIRONMENTAL ASSESSMENT
On December 20, 1999, the City Council adopted a resolution certifying the adequacy of the
Environmental Impact Report (EIR) for the parking structure project and made the required
California Environmental Quality Act (CEQA) findings.
ATTACHMENTS
Attachment A:Budget Amendment Ordinance
Attachment B:Amendment No. 2 to Contract. C607145 with Watry Design Group
Attachment C:Amendment No. 1 to Contract C8103688 with Turner Construction
Company
Attachment D:Budget Amendment Ordinances Impacting Reserves Approved to Date in
2000-2001
PREPARED BY:
Senior Engineer, Public Works
CMR:263:01 Page 5 of 6
PREPARED BY:
DEPARTMENT HEAD:
JOSEPH SACCIO
Deputy Director, Administrative Services
GLENN S. ROBERTS
Director of Public Works
CITY MANAGER APPROVAL:
HARRISON
Assistant City Manager
CMR:263:0 i"Page 6 of 6
ATTACHMENT A
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING THE
BUDGET FOR THE FISCAL YEAR 2000-01 TO PROVIDE ADDITIONAL
APPROPRIATIONS TO THE DOWNTOWN PARKING STRUCTURES, CAPITAL
¯ IMPROVEMENT PROJECT NO. 19530 AND TO REIMBURSE THE GENERAL FUND
FOR ADVANCE PROJECT FUNDING
WHEREAS, pursuant to the provisions of Section 12 of Article
III of the Charter of the City of Palo Alto, the Council on June
19, 2000 did adopt a budget for fiscal year 2000-01; and
WHEREAS, the Downtown Parking Structures Capital Improvement
Project 19530 was established to assess options for constructing
parking structures in downtown Palo Alto, including an
environmental assessment, fiscal impacts, and mixed use concepts;
and
WHEREAS, Council approved in January 1998 the funding of
design costs to the 50 percent completion level, after which time
an assessment district was to be proposed and potentially
approved by. a majority of downtown property in accordance with
the Municipal Improvement Act of 1913; and
WHEREAS, Council approved on January 2001, a resolution to
make acquisitions and improvements for the proposed parking
structures; and’ a resolution preliminarily approving the
Engineer’s Report to establish a University Avenue Assessment
District and conduct an assessment ballot process; and
.WHEREAS,-the results from the ballot tabulation on March 19,
2001 indicated approval of 73 percent of those submitting ballots
to establishan assessment district to help-to finance the new
parking structures; and
WHEREAS, Council approved on March 19, 2001, a resolution
adopting the engineer’s report, confirming the proposed
assessment, ordering work and directing actions with respect to
the assessment process; and
WHEREAS, Council has approved two financing phases for the
downtown parking structures project: the first to fund final
design work, acquisition costs, refund existing Assessment
District Bonds, and reimburse the General Fund for advanced
funding; and the-second phase to fund construction work; and
WHEREAS, Council approved on May 14, 2001, a Resolution
Authorizing Issuance of Limited Obligation Improvement Bonds for
first phase financing; and
WHEREAS, as part of its bond financing obligations, the City
will establish an Agency Fund whereby the City will collect all
monies associated with the bond issuance and annual assessments
and make all payments associated with the project and debt
service requirements on behalf of the 2001 University Avenue Off-
Street Area Assessment District; and
WHEREAS, Capital Project Number 19530, Downtown Parking
Structures, needs to be increased to provide for completion of
acquisition, final design, architectural, management and
administrative and other project work; and
WHEREAS, University Avenue Parking In-Lieu funds must be
used solely for construction of public parking spaces within the
assessment district; and
WHEREAS, the City’s General Fund has advanced funding for
parking structures expenses which are to be reimbursed by bond
proceeds; and
WHEREAS, design work related to the construction of the non-
parking area on the S/L site must be funded through the City’s
General Fund; and
¯ WHEREAS, City Council authorization is needed to amend the
2000-01 budget as hereinafter set forth.
NOW, THEREFORE, the Council of the City of Palo Alto does
ORDAIN as follows:
~. The sum of $4,346,167 is hereby appropriated to
Capital Improvement Project No. 19530 from bond proceeds.
~. The sum of $144,754 is hereby appropriated to
CIP 19530 from paid Parking District assessments.
~. The sum of $766,295 .is hereby appropriated to
CIP 19530, and the In-Lieu Parking Fund is reduced by the same
amount.
~. The sum of $72,400 is hereby appropriated to CIP
19530 from bond proceeds, and the budgeted appropriation to Non-
salary expenses in the Debt Issuance Functional Area in the
Administrative Services Department is hereby reduced by the same
amount.
~/Z~_O/3_~. Thelsum of $163,150 is hereby transferred from
the General Fund BSR to cIP 19530 to fund non-parking related
project costs.
~e~i~i~r~. The sum of $532,048 is hereby appropriated to
the General Fund BSR from bond proceeds as reimbursement for
advance funding.
S~c~_o!l_~. The transactions in 4 and 5 will increase the
BSR from $23,256,994 to $23,698,292.
S~ci~to]3_~. The transaction in 6 will reduce the In Lieu
Fund from $971,371 to $205,076.
~_LQ~. As specified in Section 2.28.080(a) of the Palo
Alto Municipal Code, a two-thirds vote of the City Council .is
required to adopt thisordinance.
S~d~T_LQ~I~I. On December 20, 1999, the City Council adopted
a resolution certifying the adequacy of the Environmental Impact
Report (EIR) for the parking structure project and made the
required California Environmental Quality Act (CEQA) findings.
~2~T_LQ]~L_II. As provided in Section 2.04.350 of the Palo
Alto Municipal Code, this ordinance shall become effective upon
adoption.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
ATTEST:
City Clerk
APPROVED’AS TO FORM:
Senior Asst. City Attorney
APPROVED:
Mayor
City Manager
Director of Administrative Services
Director of Public Works
.Director of Planning and Community Environment
ATTACHMENT B
AMENDMENT NO. TWO TO CONTRACT NO.C6076145
BETWEEN THE CITY OF PALO ALTO AND
WATRY DESIGN GROUP
. This Amendment No.Two to Contract No. C6076145
("Contract") is entered into , .by and between the
CITY OF PALO ALTO, a chartered city and a municlpal corporation of
the State of California ("CITY"), and WATRY DESIGN GROUP, a
California corporation, located at 815 Hamilton Street, Redwood
City, CA 94063 ("Consultant"). ’-
RECITALS:
WHEREAS, the Contract was entered into between the
parties for the provision ofdesign consultant services; and
WHEREAS~ the parties wish to amend the Contract;
NOW, THEREFORE, in consideration of the covenants, terms,
conditions, and provisions of this Amendment, the parties agree:
follows:
SECTION i.Section 2 is hereby amended to read as
"2.1 CITY
The City Manager will be the representative of
CITY for all purposes under this Agreement.
KAREN BENGARD hereby is designated as the
Project Manager for the City Manager and she
shall supervise the progress and execution of
this Agreement, and shall be assisted by YOUNG
TRAN, the Project Engineer."
010518 ¢1 0032449
"2.2 CONSULTANT
CONSULTANT shall assign a single Project
Director to have overall responsibility for
the progress and execution of this Agreement
for CONSULTANT. MICHELLE WENDLER hereby is
designated as the Project Director for
CONSULTANT. GARY NEWGARD shall be assigned as
the Project Coordinator for CONSULTANT and
shall represent CONSULTANT during-the day-to-
day work on the Project. Should circumstances
or conditions subsequent to the execution of
this Agreement require a substitute Project
Director or Project Coordinator for any reason
the Project Director or Project Coordinator
follows:
follows:
designee shall be subject to the prior written
approval of the Project Manager."
SECTION 2.Section 4.1 is hereby amended to read as
"4.1 SERVICES TO BE FURNISHED
(a) CONSULTANT shall provide,
without limitation, all services, labor
expertise, and material necessary to
accomplish the complete Scope of Services for
this project as described in Exhibit "A" and
in Exhibit "A-I", both of which are
incorporated herein by this reference.
(b) CONSULTANT shall coordinate the
work with CITY to ascertain the requirements
of the ~Project and shall confirm such
requirements to the Project Engineer.
(c) Upon completion of services,
CONSULTANT shall turn over t~o the CITY any and
all copies, of studies, sketches, drawings,
computations and other data prepared by the
CONSULTANT or loaned by the CITY during the
course of the preliminary design."
SECTION 3.Section 6.1 is hereby amended to read as
"6.1 CONSULTANT’S FEES
In consideration for the full performance of
the Basic Services and Reimbursable Expenses
described in Section 4.1 and 6.1.3 of this
Agreement, CITY agrees to pay CONSULTANT a fee
not to exceed Seventy Thousand Dollars
($70,000) for Phase One; Six Hundred Eighty-
two Thousand One Hundred Thirty-six Thousand
Dollars ($682,136) for Phase Two; and One
Million Six Hundred Thirty-six Thousand
Dollars $1,636,000) for Phase III and IV
final design and construction administration."
010518 c10032449 2
~foliows:
SECTION 4. Section 7.1 is hereby amended to read as
"7.1 TERM OF AGREEMENT
The term of this Agreement shall commence upon
its execution by CITY. The work for Phase III
and Phase IV shall start immediately upon
receipt by CONSULTANT of the respective
Notices to Proceed. This Agreement shall
terminate on December 31, 2006."
SECTION 5.The following exhibit is hereby added to
the .Contract to read as set forth in the attachment to this
Amendment, which is incorporated in full by this reference:
a. Exhibit "A-I" entitled "Scope of
Work and Conditions for Phases III and IV
Architectural and Engineering Services for the
Design of Downtown Palo Alto Parking
Structures."
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.
II
II
II
II
II
II
II
II
II
II
II
II
II
010518 c10032449 3
IN WITNESS WHEREOF, the parties have by their duly
authorized representatives executed this Amendment on the date
first above written.
ATTEST:CITY OF PALO ALTO
City Clerk Mayor
APPROVED AS TO FORM:.WATRY DESIGN~GROUP
Senior Asst. City Attorney
APPROVED:
By:
Name:
Title:
Assistant City Manager
By:
Name:
Director of Public Works Title:
Director of
Administrative Services
Risk Manager
Taxpayer I.D. No. 94-2302782
(Compliance with Corp. Code§ 313 is
required if the entity on whose behalf
this contract is signed is a
corporation. In the alternative, a
certified corporate resolution
attesting to the signatory authority
of the individuals signing in their
respective capacities is acceptable)
Attachment :
EXHIBIT "A- i"Scope of Work and Conditions for Phases III and
IV Architectural and Engineering Services for
the Design of Downtown Palo Alto Parking
Structures
010518 el 0032449 4
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code ~ 1189)
STATE OF
COUNTY OF
)
)
)
On
notary public in and for
, before me, the undersigned, a
said County, personally appeared
,
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s) is/are
subscribed to the within instrument, and acknowledged to me that
he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
010518 cl 0032449 5
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code ~ 1189)
STATE OF
COUNTY OF
)
)
)
On
notary public in and for
, before me, the undersigned, a
said County, personally appeared
personally known to me (or proved to me on the. basis of
satisfactory evidence) to be the person(s) whose name(s) is/are
subscribed to the within instrument, and acknowledged to me that
he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
010518 c10032449 6
DESIGN GROUP
ARCHITECTS, ENGINEERS
& PARKING PLANNERS
April 17, 2001
Ms. Karen Bengard
City of Palo Alto Public Works
250 Hamilton Street
Palo Alto, CA 94303
Phone: (650) 329-2636
Fax: (650) 329-2299
Principals
C. Nicholas Watry, ArchiteCt/Engineer
Michelle Wendler, Architect
Lisa Watry-Blanton, MBA
John Purinton, S.E.
David N. LoCoco
Associates
Genaro Morales, Architect
Heather Home, Architect
Raymond A. Bligh,
Jess McInerney, P.E.
Jose Oseguera
Jesse Figueroa
Hiep H. Ho
Palo Alto Parking Structure Lot S/L including Non-Parking Space, and LofR
Palo Alto, California
WDG #9533.111
Dear Karen:
We are pleased to transmit to you herewith our revised fee proposal for the Palo Alto Parking Structures. We have
included therevisions per your requests, including Electric Vehicle Charging Stations and additional reimbursable
costs for mylar drawings.
As we discussed in our meeting Watry Design Group is going through ownership transition. As such a new
corporation is being ibrmed. That corporation will have the same insurance protection as the previous corporation and
we will be carrying a rider policy for the old firm. The purpose of the new company is for internal purposes. You will
still be getting the same quality service fi’om the same group ofprofessi0nals that have been servicing you to date. We
would request that a clause be added to our contract that would have the ability to assign this contract to that new firm.
We fhlly intend to service this contract as always and will provide whatever documentation you would require on the
new firm prior to the assigning of the contract. Could the clausebe constructed such that we do not need to return to
council to a~sign the contract? That would make it easier for all. Please let us know how you wish us to proceed.
We also request a revision to our December 4, 1995 Agreement. Ia~ order to reflect the current staffing of the project,
sentences two and hhree of Paragraph 2.2 should be modified to read:
"Miehelle Wendler hereby is designated as the Project Director tbr CONSULTANT. Gary Newgard
shall be assigned as the Project Coordinator for CONSULTANT during the day-to-day work on the
Project."
We look forward to our continued relationship with you and the successful completion of the Palo Alto Parking
Structures.
Sincerely yours,
WATRY~(~~DESIGN GROU~
Michelle Wendler, Architect
Principal (License No. 25066)
Enclosures
co: Principals, Gary Newgard, Ray Bligh and Accounting
Main Office: 815 Hamilton Street, Redwood Ci~, CA 94063
Email: wdg@watrydesign.com
Td:650"298"8150 Fax:650.298.8151
www.watrydesign.com
J :LPROJECTS\1995~9533’~Letters~041701 KarenBengard.doe
DESIGN GROUP
ARCHITECTS, ENGINEERS
& PARKING PLANNERS
April 17, 2001
FEEPROPOSAL
Principals
C. Nicholas Watry, Architect/Engineer
Michelle Wendler, Architect
Lisa Watry-Blanton, MBA
John Purinton, S.E.
David N. LoCoco
Associates
~enaro Morales, Architect
Heather Home, ArchitectRaymond A. Bligh, S.E.
Jess McInemey, P.E.
lose Oseguera
Jesse FigueroaHiep H. Ho
Ms. Karen Bengard
City of Palo Alto Public Works
250 Hamilton Street,
Palo Alto, CA 94303
Phone: (650) 329-2636
Fax: (650) 329-2299
Palo Alto Parking Structures Lot S/L including Non-Parking Space, and Lot R
Palo Alto, California
WDG #9533.111
Dear Karen:
We are pleased to submit this proposal for providing architectural and engineering services to complete the
design, documentation and construction administration phase services for the Palo Alto Parking Structure
projects. Per your request, we are submitting more detailed information about our proposed lump sum fee.
Our proposed fee, shown in detail in the at*ached Fee Summary and Detailed Estimate of Hours and Costs
spreadsheet, is a lump sum of $1,406,000.for architectural and engineering services. The fee includes our
budgeted effort of $43,000 for studying and implementing alternatives that will allow for a lower construction
price as described in Exhibit A. The fee also includes budgeted amounts of $17,700 for design of Electric
Vehicle Charging Stations and $1,000 for Tract Map fees.
In addition, we recommend an allowance of $143,000 to cover a set of Optional Services, as .described below,
and a budget of $87,000 for reimbursable expenses as described below.
Basic and Expanded Services
Our lump sum fee includes the following disciplines that typically are included within an PffE team’s Basic
Services:
1.Architectural (Watry Design Group, Joe Bellomo and Carrasco & Associates)
2.Structural Engineering
3.Mechanical and Plumbing Engineering
4.Fire Protection Engineering
5.Electrical .Engineering including fire alarm and security control systems
6.Lighting Engineering
Main Office: 815 Hamilton Street, Redwood City, CA 94063
Email: wdg@wala’ydesign.com
Tel: 650.298.8150 Fax: 650.298.8151
www.watrydesign.cora
Fee Proposal to Ms. Karen Bengard
Palo Alto Parking Structure Lot S/L and R
Apdl! 7, 2001
Page 2
Our lump sum also includes a set of expanded services that typically fall outside of an A/E team’s Basic
Services:
1.Specialty consultants and disciplines including:
a.Civil Engineering
b.Landscape Architecture
e.Geoteehnieal Engineering
d.Signage/Graphics Design
e.Construction Cost Estimating
Fees are not included for an Art Design Consultant as the entire design portion of the Art Design is
already included in the previous contract amendment.
2.Meetings with the Project Team, Public Art Commission, Architectural Review Board, Property Owners,
City Council, and City Staff, as described in Exhibit A.
Our proposed fees are based on a lump sum amount per phase as outlined below. The lump sum includes all
expenses other than the Reimbursable Expenses specifically itemized below. As part of the lump sum
compensation, Watry Design Group accepts the risks that its projected level of effort and person-hours are
adequate for the assumed project scope. Other than as necessitated by changes in the project scope,
assumptions or additional services, Watry Design Group, will not seek adjustments to the agreed-upon
compensation if the assumed level of effort is greater than anticipated. If the overall project scope or major
assumptions change, the lump sum amounts will be renegotiated. This includes compensation decreases
based on reductions in the projectscope.
Optional Services
In order to keep our base fees as low as possible, we have identified as Optional Services tasks that might not
be needed or may be provided either by our team or by other consultants. We will .work closely with you to
identify the most c0st-effective ways of providing each of the Optional Services required.
Anallowance to cover Optional Services is shown in the Summary of Fees below. This allowance is not
meant to cover comprehensive services for all Optional Services. Services included in this allowance amount
are described in the attached Exhibit A.
Non-Reimbursed Expenses
The following expenses are included within our fees:
1. All Greater Bay Area travel expenses in connection with the project including between the Watry Design
Group and its consultants’ offices and the project site.
2. All office overhead items other than progress reproductions.
Reimbursed Expenses
The expenses shown in Exhibit.A, Reimbursed Expenses, will be billed in addition to Basic and Optional
Services at cost plus 10%.
\~amilton~admin)rojeels\1995~9533~contract~fee proposal letter 041701 .doc
Fee Proposal to Ms. Karen Bengard
Palo Alto Parking Structure Lot SFL and R
April 17, 2001
Summary of Fees by Phase
Our total proposed fees and allowances are summarized as follows:
Duration
Design Documents
Completion of Design Development
and Construction Documents, Parking Structures 4/01 - 1-2/01
Electrical Vehicle Charging Stations (EVCS) Design.4/01 - 12/01
Completion of Design Development
and Construction Documents, Non-Parking Space 4/01 - 12/01
.Fees
$913,800
$15,500
¯ $62,000
¯Value Engineering Allowance
Tract Map fees.¯
Sub Total Design Phase
Plan Check/Bidding Parking Structures/EVCS
Plan Check/Bidding Non-Parking Space
Sub Total Plan Check/Bidding
Construction Administration Parking Structures
Construction Administration EVCS
Construction Administration Non,Parking Space
Sub Total Const. Admin.
Meetings per Scope of Work Parking Structures/EVCS
Meetings per Scope of Work Non-Parking Space
Subtotal Meetings
Total Lump Sum Amount
1/02- 3/02
!/02- 3/02
4102 - 1 I103
4/02 - 11/03
4102- 11103
104 weeks
$43,000
$1,0o0
$61,000
$4,000
$272,000
$2,200
$17,500
$13,000
$1,000
Allowance for Optional Services
Allowance for Additional EVCS Services
Budget for Reimbursable Expenses
Expenses other than Printing of Bid Documents:
. Printing of Bid Documents (150 sets):
Total Compensation, Expenses & Allowances:
Page 3
Sub Total Fees
$1,035,300
$65,000
$291,700
$14,000
$1,406,000
$140,000
$3,000
$46,000
$41,000
$1,636,000
Sub Total Non-Parking Space Only $84,500
Sub Total Electric Vehicle Charging Stations Only $17,700
Additional Services
Additional services beyond those listed in the scope of services will be billed hourly per our current standard
hourly rate:
Nick WanT:$175/hour Asst. Project Mgr.$95/hour
Senior Consultant:$155/hour Senior Job Captain:$95/hour
Consultant:$130/hour Job Captain:$90/hour
PHncipah $125/hour Senior Designer:$85/hour
St. Project Mgr:$ l l 0/hour Staff Designer:$80/hour
Project Manager:$ 100/hour Clerical:$S0/hour
These rates will be adjusted by 4% per year starting on the first anniversary date of this contract amendment..
\’~hamilton~adminkprojecls\i 995\9533~eonlraetkfee proposal letter 041701 .doe
Fee Proposal to Ms. Karen Bengard
Palo Alto Parking Structure Lot S/L and R
April 17, 2001
page 4
Assumptions
o
fees are based on the following assumptions:
The fee is based on the 50%Design drawings provided by Watry Design Group dated June 30, 2000 and
the attached Exhibit A (Project Description, Scope of Work & Conditions for Phases III and IV), which
will be incorporated into our agreement with the City of Palo Alto.
Progress payments for basic services in each phase shall be invoiced monthly based on the percentage of
services completed in the prior month.
.If the design services covered by this agreement have not been completed within 18 months of the date
hereof, the remaining fees shall be escalated at the rate of 4% per year.
If the project is suspended, there willbe a.Re-Startup fee of $2,000 for each month of delay beyond the
first month with a maximum of $10,000 or as otherwise agreed upon.
There will be a single bidding phase with one set of contract documents with one General C0ntraetor.
6. Site visits during construction will be weekly on average. If more frequent site visits are desired, these
can be provided as an Optional Service.
7.Record drawings will be produced by the construction contractor. As part of Basic Services, our team
will review progress and f’mal submittals of the record drawings for general completeness.
Sincerely yours,
WATRY DESIGN GROUP
Principal (License No. 25066)
Enclosures: Exhibit A Project Description, Scope of Work & Conditions
cc:Principals, Gary Newgard, Ray Bligh and Accounting
j Aprojects\1995\9533~contract~fee proposal letter 04 1701 .doc
Exhibit A-Project Description, Scope Of Work & Conditions for
Phases III & IV Architectural & Engineering Services
for the Downtown Palo Alto Parking Structures (Cip 19530)-
GENERAL
Project Description
The Project consists of two parking structures, as outlined in the Downtown Parking Structure Feasibility
Study by Watry Design Group, dated January 16, 1997. The designs for both structures, Lot S/L
including the Non-Parking Space, and Lot R, are based on the 80 percent Complete Design Development
documents previously prepared by Watry Design Group This Scope of Work covets.Phase III (Final
Design) and Phase IV (Services during Construction) for both Structures R and S/L, including the Non-
Parking Space, as described below.
Project Phases
The various project phases are defined as follows:
Phase I:Downtown Parking.Structure Feasibility Study. Completedby Watry Design
Group on January 16, 1997.
Phase II:Preliminary Design. Includes environmental assessment and design services to
approximately 50 percent completion. (80% Design Development, completed)
Phase III:Final Design - 100% construction plans, specifications and estimates
Phase IV:Services during Construction
Services and Information Provided by the City
The City will provide the following services:
-Permit application processing
-Meeting schedules, agendas and mailers
-Advertising of construction documents
-Utility coordination
The City will also provide or make available to the Consultant the following information:
General Conditions for Construction Documents
WATRY DESIGN GROUP
P/S LOT S/L & R, 9533
April 17, 2001
Page 1 of 8
Exhibit A - Project Description, Scope Of Work & Conditions for
Phases III & IV Architectural & Engineering Services
for the Downtown Palo Alto Parking Structures (Cip 19530)
DEFINITIONS
The following definitions apply to this Scope of Work:
Primary Structural System: the completed combination of elements which serve to support the Building’s
self weight, the applicable live load which is based upon the occupancy and ~se of the spaces, the
environmental loads such as wind and thermal, plus the seismic loading. Examples of elements-that are
not part of the Primary Structural System may include, but are not limited to: curtain wall members, non-
load bearing walls, and exterior facade.
Pre-Engineered Structural Elements: are structural elements that are specified by the Consultant but may
be designed by a Specialty Engineer. These elements are normally fabricated off-site, require specialized
equipment not usually available at the job site or could require a proprietary process. The Consultant
shall specify the design eriteria including the incorporation of the Pre-Engineered Structural Elements
into the structure. Examples of Pre-Engineered Elements include but are not limited to the following:
-Open web steel joist and joist girders
-Prefabricated wood trusses
-Combination wood and metal, and plywood joist
-Pre-cast concrete elements
-Prefabricated wood or metal buildings
-Tilt-up concrete panel reinforcement and hardware required for lifting into position
-Prefabricated stairs -"
-Elevators
-Exterior Wall Systems .
Specialty Engineer: an engineer who is lawfully eligible to seal plans and designs for Pre-Engineered
Structural Elements that become part of the building. The Specialty Engineer is usually retained by the
supplier or subcontractor responsible for the design, fabrication and (sometimes) installation of
engineered elements.
Secondary Structural Elements: are structural elements that are structurally significant for the function
they serve but do not contribute to the strength or stability of the primary structure. Examples include,
but are not limited to: support beams above the primary roof structure which carry a chiller, elevator
support rails and beams, retaining walls independent of the primary building and flagpole or light pole
foundations.
Non-Structural Elements: are elements of a structure thai are not part of the primary or secondary
structural elements. Items in this category include, but are not limited to, exterior curtain walls and
cladding, .non-bearing partitions, stair railings, etc.
Construction Cost of the Project: is the cost of all labor, materials and equipment used or incorporated to
construct the entire project.
WATRY DESIGN GROUP
P/S LOT S/L & R, 9533
APril 17, 2001
Page 2 of 8
Exhibit A - Project Description, Scope Of Work & Conditions for
Phases III & IV Architectural & Engineering Services
for the Downtown Palo Alto Parking Structures (Cip 19530)
Phase II1- Final _Desiqn of Structures R and S/L including the Non-Parking Space
Task 1: Construction Documents
A. Based on the approved Phase II Documents and any adjustments authorized by the City in the
program, schedule or construction budget, the Consultant shall prepare, for approval by the City, the
Phase III Drawings consisting of drawings and other documents suitable for bidding, plan check and
construction.- During this phase Consultant shall:
4.
5.
6.
Prepare the Contract Documents that may include, but are not limited, to the following:
-Cover sheet and general notes
"Architectural and Structural floor plans with dimensions.
-Building sections and elevations
-Enlarged. floor plans, elevations, and sections
-Architectural and Structural Details
-Door schedules
-Finish schedules and legend
-Construction details necessary for permit and construction
-Site demolition plan
-Mechanical, Electrical, Plumbing, Security, Civil and Landscape drawings
-Specifications
-Structural Caleulati0ns for the Primary Structural System for submittal to G0veming
Building Officials
-Pedestrian/sidewalk protection requirements during construction.
-Electric vehicle and bicycle eormeetions
-Coordinate Sub-consultant Documents
-Specifications
Designate elements to be designed by Specialty Engineers under the employ of the contractor,
The Contract Documents shall specify Structural Design Criteria, type of element, position
within structure.and connection to Primary Structural System, and required Submittals (see
"Defmitions" above). The following is a list of these elements.
Miscellaneous metals items as described in specifications Section 05500
Metal Stairs
Preeast concrete if applicable
Review the effect of Secondary and Non2Structural dements-on the Primary Structural System
and design the information regarding the-supporting capability and physical, attachment
limitations of the Primary Structural System (see "Definitions" above)
Designate on the Contract Documents all required Special Inspection and Testing
Attend meetings with city staff and review agencies (see "Meetings" Task below)
Assist in the preparation and updating of the project schedule.
WATRY DESIGN GROUP
P/S LOT S/L & R, 9533
April 17, 2001
Page 3 of 8
Exhibit A - PPojectDescription, Scope.Of Work & Conditions for
Phases III & IV Architectural & Engineering Services
for the Downtown Palo Alto Parking Structures (Cip 19530)
7.Review the construction cost budget based on the formation of the assessment districL Provide
alternative design as necessary to fit within the budget established by the Phase II assessment
district. These alternatives shall consist of material or equipment substitutions that will allow
for a lower construction price and shall be approved by the Pr_oject Manager. Fundamental
changes to the complete structure, i.e., major changes to building footprints, changing to
different structural system, deleting or adding levels, etc. are not included in this proposal. A
fee limit for these alternatives is described in the Fee Proposal.
8.Consultant shall prepare a settlement analysis, based on existing soil boring, for each site. Any
additional borings .required may :be provided for additional fee.
9..Preparation ofd0euments for altemate bids is included as allowance.
Task 2: Non-Parking Space/Commercial Design
A. Based upon the space and needs analysis performed in Phase II, tenant improver~ent drawings for
the Non-Parking Space will be prepared to include interior elevations, millwork details, finish
schedules and final plans and specifications for Contract Documents.
B.Consultant shall work with the City contractor, Tivet Interiors, to locate any modular furniture,
partitions.or office equipment.
C.Consultant shall attend three (3) meetings with Teen Center staff to discuss layout.
D.Consultant shall arrange for and tour the existing Teen Center located.in Pacific Grove in order to
have a better understanding of teen needs.
E.Prepare demolition plan for the existing Teen Center.
Task 3: Meetings
A.Throughout the Phase. III design process, Consultant shall be prepared to address comments and
concerns of City staff, downtown merchants, citizens and Council. At the request of the Project
Manager, Consultant shall prepare presentation materials for and attend meetings (of the estimated
number and duration) with any or all of the following:
-Four (4) meetings with the Public Art Commission to review art design
-Two’(2) Architectural Review Board meetings
-Six (6) meetings with property owners and/or merchants to discuss construction-related issues
-Two (2) Council meetings
-One (1) pre-eonstruetion meeting with contractors
-One (I) meeting as needed with low-bid contractor
-Meet as-needed with City staff, merchants or property owners to discuss project issues
Task 4: Services During Bidding Period
A. Consultant shall be available to answer contractor questions related to the Contract Documents.
WATRY DESIGN GROUP
P/S LOT S/L & R, 9533
April 17, 2001
Page 4 of 8
Exhibit A - Project Description, Scope Of Work & Conditions for
Phases III & IV Architectural & Engineering Services
for the Downtown Palo Alto Parking Structures (Cip 19530)
Task
A.
B.
Co
Task
A.
B.
5: Plan Check
Assist in submittal for building permit.
Consultant shall respond to all comments by the City of Palo Alto’s Building Department or a third
party plan checker hired by the City of Palo Alto.
Consultant shall provide revised drawings and calculations, if required, for plan check response.
Coordinate response to comments from the subeonsultants.
6: Final Subdivision Map
Finalize the draft subdivision map. and submit to City Planning Department for approval.
Obtain a Tract Map number from the Santa Clara County Recorder’s Office. Consultant shall
prepare the application and pay all fees associated with this task up to the limit described in the Fee
Proposal.
Phase IV- Services Durinq Construction
1.Attend Construction Meetings at Site as necessary (assume 1 per week average)
2.Attend slab walks prior to deck Pours.
3.Review Submittals and RFI’s as needed.
4.Issue Design Clarifications and Sketches.
5.Update CAD drawings to include rnodifieations during construction.
6.Review any design related requests for change orders.
Optional Services’
At the City’s request, our team will provide the following services either on an hourly basis or, if the
scope can be easily defined, on a lump sum basis. These services include:
1.Development and documentation of Alternate Bids.
2.Additional detailed formal value engineering. (Ongoing value engineering is included within our
basic services:) .
3.AdditionalAgency Reviews or services necessitated by changes in agency interpretations.
4.Additional construction phase site observation meetings should the City want a higher level of
observation. (Included within our fees are weekly site observation meetings.)
5.Responding to construction defects or other items outside of the A/E’S control.
6.Services related to Change Orders other than caused by AlE. team.
7.As-built record drawings based or~ the contractor’s marked-up blue prints.
Reimbursed Expenses
The following expenses, in addition to compensation for Basic and Optional Services, will be billed at
cost plus 10%.
1. Agency or permit fees, if any, paid by Warty Design Group in connection with the project.
2. Renderings, mock-ups and additional models specifically requested by the City.
WATRY DESIGN GROUP
P/S LOT S/L & R, 9533
April 17, 2001
Page 5 of 8
Exhibit A - Project Description, Scope Of Work & Conditions for
Phases III & IV Architectural & Engineering Services
for the Downtown Palo Alto Parking Structures (Cip 19530)
3.Reproduction, plotting, postage and handling of progress drawings, specifications and other documents
for use of Watry Design Group and its consultants.
4.Reproduction of additional documents used for review and construction phase services or as-built
drawing purposes beyond the following, which will be invoiced at costplus I0%:
For City Review:
-Up to twenty (20) full-sized sets of 70% plans.
-Up to five (5) half-sized sets of 70% plans.
-Up to twenty (20) sets of 70% specifications.
-Up to twenty (20) full-sized sets of 90% plans.
-Up to five (5) half-sized sets of 90% plans.
-Up to twenty (20) sets of 90% specifications.
-Up to twenty (20) full-sized final plan sets..
-Up to five (5) half-sized sets of final plans.
-Up to twenty (20) sets of final specifications.
For the final Subdivision Map:
Five (5) sets of plans no largerthan 24"x36"
For Bidding Documents:
Up to one hundred fifty (150) Bid Sets of Drawings and Specifications
As-built Drawings:
-One set of Xerox mylar As-built Drawings
-One set of final As-built Specifications.
Other Expenses:.
-Expense in connection with authorized out-of-town travel;long-distance communications.
-If authorized in advance by the City, expense of overtime work requiring higher than regular
rates.
Additional Services
Services beyond those outlined above will be provided as Additional Services based on written
authorization of the fee and services by the Project Manager and approval by the City of Palo Alto.
Additional Services are services that may or may not be foreseen at the beginning of design stages and
are not normally included as Basic Services. Examples include but are not limited to:
1.Preparation of demolition documents in addition to those listed in Tasks 1-6 above.
2.Field Investigation of existing Buildings and structures including surveys of existing construction,
hazardous materials reports or to make measured drawings thereof.
3.Studies of various schemes to accommodate special energy requirements.
4.Continuous and/or detailed inspections of construction.
5.Design for ~future expansion, facilities, systems and equipment.
6.Providing services of consultants other than those provided as part of Basic Services.
7.Services related to the analysis of the Client’s needs and programming the requirements of the
Project other than those listed under Basic Services.
8. Services related to financial feasibility or other special studies other than listed under Basic .
Services.
9.Services related to planning surveys, site evaluations or comparative studies of prospective sites.
WATRY DESIGN GROUP
P/S LOT S/L & R, 9533
April 17, 2001
Page 6 of 8
10.
11.
12.
13.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
Exhibit A - Project Description, Scope Of Work & Conditions for
Phases III & IV Architectural & Engineering Services
for the Downtown Palo Alto Parking Structures (Cip !9530)
Services related to special surveys and submission~ required for approvals of governmental
authorities or others having jurisdiction over the Projeetl other than those included in Basic
Services.
Services related to the structural designofNon-Stmctural Elements and their attachments, such as:
-Exterior cladding systems..
-Interior architectural systems.
-Window washing systems and tie downs.
-Antennas and flagpoles."~
-Mechanical, electrical and plumbing equipment, stox;age tanks, cooling towers and
underground vaults.
Mechanisms and guide systems for elevators, escalators, other conveyor systems and
associated operating equipment.
Ladders, handrails, railings, gill!s, screens and signs.
Services related to the structural design of Secondary Structural Elements and their attachments,
such as:
Site-work elements not part of the Building Structural System, such as retaining walls,
culverts, bridges, etc. Support for landscape furnishings such as flagpoles, lighting poles,
benches, foundations, signs, etc.
Steel Stairs.
Tenant-related design services other than those listed under Basic Services.
Services related to special dynamic analysis such as time-history response to seismic forces, or
floor-response analysis for foot-fall or vil~ratory equipment.
Services related to special wind analysis, such as wind-tunnel test, etc.
¯ Services related to ’seismic risk’ analysis.
Design or field observation of shoring and bracing for excavations and building, of underpinning
of adjacent structures.
Design or review related to contractor’s construction related equipment, e.g., c~’anes hoist, etc.
Filing application for a building permit.
PreParation of shop or fabrication Drawings, for example, tilt-up wall panel drawings, reinforcing
and structural steel detailing, etc.
Services connected with interior design and other similar services required for or in connection
with the selection, procurement or installation of furniture, furnishings and related equipment other
than those listed under Basic Services;
Services resulting from changes in scope or magnitude of the project as described and agreed to
under the Basic Services agreement. .
Services resulting from revisions that are inconsistent with approvals or instructions previously
given to the Consultant.
Services resulting from revisions due to the enactment or revision of codes, laws, or regulations
subsequent to the preparation of documents.
Services due to extended design or construction time schedules.
Services, including assisting in preparation for litigation or arbitration as witnesses or consultants,
in connection with any public hearing, arbitration or legal proceedings with respect to the project.
Services resulting from damage, as the result of fires, man made disasters, or acts of God.
Review and design of alternate or substitute systems proposed by the construction contractor.
WATRY DESIGN GROUP
P/S LOT S/L & R, 9533
April 17, 2001
Page 7 of 8
Exh!bit A - Pr.oject Description, Scope Of Work & Conditions for
Phases III & IV Architectural & Engineering Services
for the Downtown Palo Alto Parking Structures (Cip 19530)
¯ . 29.
30.
31.
32.
Overtime work required by The City.
Preparation of Models, Color Boards, Sketches, Renderings, and Finish Selections other than those
listed as a part of Basie Services..
Services rendered, for special foundations when-the discovery of poor soil conditions is made after
execution of this Agreement. Examples include, but are not limited to: deep foundations such as
driven piles or drilled piers, mat footings, structural grade slabs, and grade beams.
Contaminatedsoils remediation plan.
WATRY DESIGN, INC, m OTHER TERMS AND CONDITION~
The Terms & Conditions contained on this page are apartial list of the items contained in Watry Design
Group’s complete contract that are usually noteworthy in resolving a contract of this type. These terms,while not a complete list, will be incorporated into the final contract between the City of Palo Alto and
Watry Design Group.
Fees for professional services and reimbursable expenses shall be billed monthly. Invoices shall be
for work and expenses performed or incurred during the month prior to the date of invoice for the
defined scope of work.
Revisions and additions: Fees are based upon the time estimated to complete the services described.
Any revisions or additions to the services described will be identified at the time of change and will
be billable as additional services above and beyond quoted amounts.
Reimbursable Expenses: Major expenses including out of town travel (airfare, hotel), the costs of
printing, typography, delivery, photography, and models shall be billed by Warty Design Group at
cost plus 10%.
Payment: All invoices are payable, net, within 30 days of the date of the invoice. A service charge
0ft .5% per month will be added to all outstanding accounts over 30 days old.
In an effort to resolve any conflicts that arise during the project or following the completion of the
project, the Client and Watry Design Group agree that all disputes between them arising out of or
relating to this Agreement shall be submitted to nonbinding mediation unless the parties mutually
agree otherwise.
WATRY DESIGN GROUP
P/S LOT S/L & R, 9533
April 17, 2001
Page 8 of 8
ATTACHMENT C
AMENDMENT NO. 1 TO CONTRACT NO. C8103688
BETWEEN THE CITY OF PALO.ALTO AND
TURNER CONSTRUCTION COMPANY
This Amendment No. 1 to Contract No. C8103688("Contract") is entered into , by and between the
CITY OF PALO ALTO, a chartered city and a municipal corporation
of the State of California ("CITY"), and TURNER CONSTRUCTION
COMPANY, a New. York corporation, located at i01 Park Center
Plaza, Suitell00, San Jose, CA 95113 (’!CONSULTANT").
RECITALS:
WHEREAS, the Contract was entered into between the
parties for the provision of professional -consulting services
relating to the Downtown Parking Structures; and
WHEREAS, the.parties wish toamend the Contract;
NOW, THEREFORE, in consideration of the convenants,
terms, conditions, and provisions of this Amendment, the parties
agree:
SECTION I. Section i.i is hereby amended, in whole
or in part, to read as follows:
"This Contract will commence on the date of
its execution by CITY, and will terminate
upon the completion of the Project, unless
this Contract is earlier terminated by CITY.
Upon the receipt of CITY’s notice to
proceed, CONSULTANT will commence work on
the initial and subsequent Project tasks."
SECTION 2. Section 4.3 is hereby amended, in whole
or in part, to read as follows:
"The City Manager will represent CITY for
all purposes under this Contract. KAREN
BENGARD is designated as the Project Manager
for the City Manager~ The Project Manager
will supervise the performance, progress,
and execution of the Project, and will be
assisted by YOUNG TRAN, the Project
Engineer."
010523 c10032450 1
sEcTION 3.
as follows:
Section 5.1.1 is hereby amended to read
"In considerationof the full performance of
the Basic Services, including any authorized
reimbursable expenses, CITY will pay
CONSULTANT a fee not to exceed One Hundred
Sixty-seven Thousand Four Hundred Twelve
Dollars ($167,412) for Phases I & II, and
Two Hundred Eighty-five Thousand One Hundred
Thirty-eight Dollars ($285,138) for
Phase III. The amount Of compensation will
be calculated in accordance with the hourly
rate schedule set forth in Exhibits "B" and
"B-I", on a time and materials basis, up to
the maximum amount set forth in this
Section. The fees of the consultants, who
have direct contractual relationships with
CONSULTANT, will be approved, in advance, by
CITY. CITY reserves the right to refuse
payment of such fees, if such prior approval
is not obtained by CONSULTANT."
SECTION 4.The following exhibit(s) to the
Contract is/are hereby amended, in whole or in part, to read as
set forth in the attachment(s) to this Amendment, which are
incorporated in full by this reference:
a.Exhibit "A-I" entitied "Scope of Work".
b.Exhibit "B-I" entitled "Fee Schedule".
Except as herein modified, all other provisions of the
Contract, including any exhibits and subsequentamendments
thereto, shall remain in full force and effect.
//
//
//
//
//
//
010523 cl 0032450 2
IN WITNESS WHEREOF, the parties hereto have. by their
duly authorized representatives executed this Contract oh the
date first above written.
ATTEST:CITY OF PALO ALTO
City Clerk
APPROVED AS TO FORM:
Mayor
TURNER CONSTRUCTION COMPANY
Senior Asst. City Attorney
APPROVED:
By:
Name:
Title:
Assistant City Manager
By:
Director of Administrative
Services
Name:
Title:
Director of Public Works Taxpayer Identification No.
Risk Manager
13-1401980
(Compliance with Corp. Code § 313 is
required if the entity on whose behalf
this contract is signed is a corporation.
In the alternative, a certified corporate
resolution attesting to the signatory
authority of the individuals signing in
their respective capacities is
acceptable)
Attachments:
EXHIBIT "A-I": SCOPE OF PROJECT & TIME SCHEDULE
EXHIBIT "B-I": RATE SCHEDULE
010523 cl 0032450
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code ~ 1189)
STATE OF
COUNTY OF
On , 2001, before me, the undersigned, .a
Notary Public in and for said County and State, personally
appeared ,
personally known to me or proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that
he/she/theY executed the same in his/her/their authorized
caPa.city(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature of Notary Public
010523 cl 0032450 4
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code § 1189)
STATE OF )
) SS.
COUNTY OF )
On , 2001, before me, the und~9.~gned, a
Notary Public in and for said County and state, personally
appeared ,
personally known .to me or proved to me on the basis of
satisfactory evidence to be the person(s) whose name.(s) is!are
subscribed to the within instrument and acknowledged to- me that
he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the
instrumentthe person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature of Notary Public
010523 cl 0032450 5
ScoP oF
3/19/01
PROJECT MANAGEMENT SERVICES
For the
Final Design.Phase (Phase IZI)
DOWNTOWN PARK~G STRUCTURES .(CISP 19530)
GENERAL
Project Description ,-
The Project consists of two parking structures, as oh~lined in the Downtown Parking Structure
Feasibility Study by Watry Design Group, dated January 161 1997. The designs for both Lot
S/L and Lot R have been completed to the 50 percent design stage by the Watry Design Group
in Redwood .City. This Scope of Work covers Phase III design as described below.
Project Phases ..
The various projec!: phases are defined as follows:
Phase I:.
Phase II:
Phase
.Phase IV:
Downtown Parking Structure Feasibility Study. Completed byI Warty
Design Group on Jan.u.ary 16, 1997.
Preliminary Design:" Ineludes environmental assessment and design
services to approximately 50 percent completion.
Final Design . (design from 50% completion to 100% plans,
specifications and .estimates)
Construction Administration Sercices
This Scope of Work is for Phase III (Finn Design) project management services for Structures
..... and_.S/L,__S eDP~-and_fezs_for_P_hase_I_V_(C-onst-ru .~tion_Admi_ni_s _tr_afion_S erviees_)_m ay;.at_the.
City’s option, be negotiated prior to construction.
Expenses -~
Unless negotiated as part of the Agreement between the City and Consultant the fbllowing .
expenses shall be paid by:
¯ City:
¯ Copying of plans, specifications; ~rawings or reports that are not pax of plan check
submittals.
¯Copying of final Construction Bid Documents
April 19, 2001
Exhibit "A-I "
¯¯ Advertising related to obtainingthes~rvices of a design consultant or.c0nstruction bids
¯ . Costs incurred throughnotificatiofi of community meetings "
Consultant:
¯ Unless otherwise specified or approved by the Project Manager, the Consultant shall
provide working spaces, clerical staff, reprographic equipment, computers and other
-services. See."Reimbursables" Task for exdeptions.
Phase III- FINAL DESIGN: Oversee Final Design.of Structures R and S/L
Assist the City in producing construction bid documents and construction cost estimates.
Task 1: Overseethe Final Design of Structures R and S/L. ¯
A. The’Consultant shah provide the Design Consultant with information needed to develop final
construction documents for Sfructures R and S~, such as existing utility locations, .right-of-
way information, specifications formats and design requirements. Information contained
within the Department of Public Works shall be located and procured by the Consultant. If
the information is maintained by departments other than Public Works, the Project Manager
shall identify a pointof contact and the Consultant shall contact that department to obtain the
desired information.
B.Consultant shallwork with the Design 6r~sultant and the Project Manager to prepare and
-update the project schedule..
c.Consultant shall prepare construction logistics plans for each site.to show traffic handling,
trash bin location, delivery areas and other logistical information. Pl..ans will be developed in.
such a way that they can be inserted into the Construction Documents. Plans shall be revised
and updated as needed. ~.
constructability reviews to include alternative construction methods .hnd materials: ¯ Consultant
shall identify areas fQ~" construction cost reduction for inclusion as potential.Bid Alternatives.
E.Consultant shall review-and c~mment, on plans, specifications and cost-estimates submitted by
the Design Consultant. These reviews are anticipated at the 70%, 90% and 100% stages and
¯ ’ during Plan Check.
In addition to plan cheeks Consultant may be asked to review and comment on the following:
¯s~ils reports
¯survey control and right-of-way verification
[] entries and exits for pede.strians and vehicles
April 19, 2001
Fo
i[] par.king layout and traffic circulation
[] parking control equipment
[] Americans with Disabilities Act compliance
¯ ¯adequacy of lighting.
¯ maintenance issues and requirements
¯ .-fire s.afety
¯construction mi~terials
¯seismic requirements
¯underground utilities
¯electrical and mechanical systems
¯landscaping and art pieces
¯relocation and/ordemolition of existi_ng facilities at the site
If there are conflicting comments between reviewers, Consultant shall work with Project¯
Manager, reviewers and Design Consultant to resolve conflicts. Consultant shall compile
resulting comments and meeting notes and distribute as needed.-.
Consultant Shall prepare an independent construction cost estimate based on design plans
including all components necessary to deliver a completed project.
Task 2: Review City Specifications.....¯
The City currently uses a modified Americ~(n Institute of Architects (AIA) specification format for
building projects. In order to insure the adequacy of these specifications for the Project,
Consultant shall provide or secure the services of a firm tO review the existing specifications and
recommend revisions. The Project Manager shall approve any proposed subconsultantprior to
hire by Consultant. city will provide copies of current specifications as well as .payment and
retention¯ components for review.
A.- The review shall consist of both Division 0 (Bidding and Contract Requirements) and Division
1 (General Requirements) in CSI format and of a nature compatible ..with general, building
construction as opposed, to utility infrastructure work.
B,Consultant shall prepare and submit an outline set of specifications for¯review and discussion.
Consultant shall meet with Watr) Design Group as-needed to obtain their input.
Do
Ten (10) sets of documents shall be provided at the following stages: Initial Dra~; Final Draft;
Final Document.
Other reimbursables related to this Task shall be included in the fee for this Task..This
includes, but is not limited to, the cost of copying, postage, telephone and facsimile, travel
within the Bay Area, tolls, parking and computer usage.
April 19, 2001 -
The Consultant shall meet with the City Attorney’s office as needed to review the proposed
revisions to the specifications. ..
Task2A:.. Develop Specifications Compliance Checklist
A. Develop a checklist to ensure that the contractor submits all insurance,., safety plans, material,
equipm¢.nt and any other submittals required by ~che specifications. Checklist shall be in a
computer format.
Task 3: Review Invoicing and .._Correspondence
A. At the Project.. Manager’s direction, Consultantshall review payment invoices submitted by the
Design Consultant or other consultants hired by Publi.c Works as part of the parking structure
¯ project. Within ten (!0) days of its.receipt from the Project Manager, Consultant shall verify
the invoice’s accuracy. Consultant shall rdsolve any discrepancies in the invoice(s) and
prepare a city Purchase Request for the Project Manager’s signature...
Bo Consultant shall review and comment on any project-related correspondence if requested by
the Project Manager. The Consultant may be asked to prepare a response to design,
construction or finance,related issues and correspondence from merchants, citizens or outside
agencies. Correspondence requiring Cit),..respo.nse shall be signed o.nly by the Project
Manager on City of Palo Alto letterhea~t. Routine or minor cor.respondence thatis related to
product information or minor., design issues may be prepared and answered by the Consultant
on the. Consultant’s letterhead,. with .a co.py of the response directed to the Pr.oject Manager
.and to the Design Consu.ltant.
Task 4: Meetings
A. Throughout the Phase III design process, ¯Consultant Shall be prepared 1~o addresscomments
and concerns of City staff, the Design Consultant, downtown merchants, citizens and Council.
In addition, at the requestof.the project Manager,. Consultant shall prepare presentation
materials for and attend meetings (of the estimated number and duration) with any or all of the
following:
Four (4) 3-hour meetings to discuss downtown merchant and property owner
comments/concerns on construction issues.
¯Three (3) 3-hour City Council meetings.
¯Meet hi-weekly, at a minimum, with the Project Manager to discus.s pt:oject status
¯Meet as-needed with the Desigfi Consultant to review design status
¯Attend two (2) Pre-bid or site meetings with contractors and prepare any needed
presentation materials
¯Meet with low-bid contractor as-needed prior to award of contract
April l9,2001
Attend meetings with various City departments as-needed to coordinate design
plans 0r construction logistics
Task 5: Plan Check
A. C~nsultant shall secure the services of a firm certified to provide building plan-check services.¯The firm shall be approved by the Project Manager.
B. Consultant shall act as.a liasion with the City’s Building Division during the plan-check
¯process and provide any information that is not design-related.
~Task.6: Construction Bid Documents
A. Consultant shall discuss means b.y which to pre-qualify potential construction bidders with the
City Attorney and Purchasing Divisioni-iAny ~pproved means shall be included in the ¯
specifications.. ...
B.Consultant shall assist Project Manager in identifying and informing potential contractors of
the project.
Task 7: Extra Services ..
A. I.fall bids are rejected as a result of funding constraints, Consultant-shall .work with the Design
Consultant to identify areas for l:iotential sc~pe reduction.
!
B. Consultant Shall prepare a backgi’ound information report that summarizes the bids received
and a recommended action(s).
Const~ltant may bedirected to perform additional services related t~ the investigation and
evaluation of existing Conditions or facilities; verification Of existing drawings or other
information provided by (he City.
Do If City decides to pre-qualify contractors, Consultant shall perform all .work necessary to
¯ evaluate contractor submittals for. completeness and compliance with the pre-qualification
standards. Consultant sfiall recommend those contractors who will be allowed to bid on the
project and wo~l~ with the City to address any contractor challenges.
Task 8: Reimbursabies
A.This task includes miscellaneous incurred costs such as ttiavel costs, copying documents for
once use, telephone chargesl film, video, photographs, computer and.postage expenses:
END
Projects~Parking\Scopes of Work\Turner Scope 50 to I00 percent
April 19, 2001
Cityof Pate Alto "
Parldng Structuree R & elL
Phase III -’FINAL.DES|GN i
Fee Prdpoeal
Turner Construction Co.r~pany
Task 1
Provide information as required to develop final design
Prepare and Update Project Schedule"
Prepare
Updat.e.
Prepare constru~on logistics plans’for each site (2 @ 24 HRS EACH)
(NETo Computerize)
Provide d0nstructability reviews and value engineering at ~0%, 90% and 100% design
Comment on the Cost Estimate By Design Consultant ( @100%, backcheok
comments only) "
Sr. Estimator
Project Manager
Evaluate reports prepared by others
Assist In resoMng conflicts between reviewers, desig.n consultants etc.
Prepare cost estimate.(1 estimate/garage at 100 hours each), Check unit costs
of designer estimating consultant at 100%
Sr. Estimator
Estimator
Project Manager
Task 2
Secure firm" to review adequacy of specifica~ons, (Div 0 and 1 only)
Assume 160 hours .-
P.r~pa~e and review Division 0 and 1 specifications
Task 2A
Pr.epare submittal log from .specifications
Task 3
Review payments of design consu t~nt
Review and comment on project related correspondence
Task 4 Meetings
Community and merchants meetings
City Council
Bi-weekly Meetings with PM (Aesur~e for 12 monihs)
Bi-~eekly Me.e~irlgs with Design consuR~,nt (Same meeting)
..Pre-bid meeting
Hours
160
~ 97Apr-01
Total $.
160 25,600
160 4,800
160 2,560
48 160 7,680
140
60
24
~6
154 21,560
160 9,600
160 3,840
160 2,560
160 154 24,640
100 135 13,5004O1606,400
160 160 25,600
100 160 16,000
12
9
104
40 160 6,400
8 160 1,280
16 160 2,560
10
160 1 920
160 1,440
160 16,640
.~/~bove
160 1,600
~ set with low bidder to review bid
Attend vadous meetings with C!ty departments
Say 12 meet!nga at 4 hours each
¯ Task S PI:~ Che~k
Secure services of plan check firm
Liasion with City Bldg Dept
Task 6 Bid Documents
IdenUfy and Contact. potential hi.driers
Point of contact for contractor rel~tad queptions
Evaluate bids ~nd mike recommendation
Prs-qual Bidders and review statements
Task 7 Extra Services
Work With Design Consultant to identify areas of c~st reduction if bids over budget
Background Information report that summarizes bids for action
Perform evaluation .of ex!sting oonditJons.of f~cilities, verification of exi~ti.ng dwgs
Contingency fo~ re-bid
Task 8 Relmbursables
Travel
Copying documents for office use
Telephone charges
Film
Video
Photographs
Postage
Subtotal Pre~onstruction Services
Escalation for One Year
Total Remaining Preconstruction
,Assumptions and Clarifications.
We assume that this scope ~f servi_.c, es Will be completed.within one year ’
from the ~Jate Of contract approval
E~’alat~oh i~ for one year and.is calculated at 5%. Rates will be esca’lated in July 2001
Hourly rates include base wage, benefits and wage based taxes, overhead and profit
Prot’~ is Included in rates at 10%
Overhead multiplier iscalculated at .65
48
16
40
16
120
4O
40
40
80
1
1
1
1
1
1
160.
160 ’
160
160
16o
160
160
160.
,160
1000
1000
500
500
5OO
1000
480
7,680
By city
2,560
61400
2,~60
19,200
6,400.
6,400
6,400
12,800
1,000
¯ 1,000
500
5OO
’500
" 1,000’
271,56O
13,578
285,138
TUrner
A, century of Excellence
Turner Construction Company
llO ~V~T~t 8allt~ Clara Street
8an Jose, California 95n3.
]=[ou fly Rates
Turner Construction Company
¯ Position
Project Executive
P.roject Manager
Assistant Pr0je(t Manager
Project Engineer
l~ngineer
C0nstmction.Manag~i~
Assistant Construction Manager
Chief E.~timator
Sr. Estimator
Estimator
Cost~Accounting
Ro urly Rate
$180
$160
$140
$135
$125
$150
$i40
.$190
$154
$135
$125
Rates are subject to annual increases on January 1 of each year.
EXHIBIT "B-I "
City of Palo Alto
ATTACHMENT D
Budget Amendment Ordinances Impacting Reserves Approved-To-Date in 2000-0t
BAO Description
Balance
Cost ,Revenue
Placeholders_
Already in the Impact on the
20004)1 Adopted Resen~e Fund
¯Budget
Estimated
Future Year
Ongoing Costs
Adopted Budget Addition to BSR
$20,029,000
$1,075,000
Public Safety Building - CIP 19820
Planning Transcription Services
Office of Transportation Safety Grant
Cubberley Theatre Chiller Replacement - CIP 10120
Arts Council Silicon Valley Grant
Police Department Grants (1)
Zoning Ordinance Update
Friends of the Palo Alto Library Grant
Office Space Renovation - CIP 10020
Acquisition of Pinkerton Property
Homer Avenue Undercrossing - CIP 10121
Municipal Fee Schedule Amendments
Public Library Fund
Midyear Report
California Arts Council and Palo Alto Art Foundation Grants
Street Maintenance - CIP 9630
Downtown Parking Structures - CIP 19530
($74,000)($74,000)
($40,000)($40,000)
($187,065)$!87,065 $0
($22,000)($22,000)
($5,192)$5,192 $0
($277,314)$277,314 $0
($110,o00)$110,000 $0
($59,000)$59,000 $0
($411,000).$156,000 ($255,000)
($400,000)($400,000)
($100,000)’$100,000 $0
$0
($101,918)$101,918 $0
($2,782,049)$5,726,043 $2,943,994
($18,139)$18,!39 $0
($438,396)$438,396 $0
($163,150)$604,448.$441,298
$40,000
$17,000
$188,000
$3,700,000
BSR Balance After BA O’s $23,698,292
(I) Of this amount $121,259 will be deposited in the General Fund and $156,055 deposited in the Special Revenue Fund.
Balance $971,371
Downtown Parking Strncturcs - CIP 19530 ($766,295)($766,295)
Reserve Balance After BA O’s $205,0 76
05/30/01