HomeMy WebLinkAboutStaff Report 12318
City of Palo Alto (ID # 12318)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 8/30/2021
City of Palo Alto Page 1
Summary Title: Amendment No. 2 for Public Safety Building Project
Title: Approval of Contract Amendment Number 2 to Contract Number
C17165953 with RossDrulisCusenbery Architecture, Inc., to Add to the Scope
of Services and Add $283,410 to the contract sum, for a new Total Not to
Exceed Amount of $9,037,608, for Design and Environmental Assessment
Professional Services for the Public Safety Building, Capital Improvement
Project (PE-15001)
From: City Manager
Lead Department: Public Works
Recommendation
Staff recommends that Council approve and authorize the City Manager or their designee to
execute the attached Amendment No. 2 to Contract C17165953 with RossDrulisCusenbery
Architecture, Inc. (RDC) (Attachment A) for design and environmental assessment professional
services for the Public Safety Building project (PE-15001), adding to the scope of services and
adding $283,410 to the contract sum. This amendment results in a revised total contract not-to-
exceed amount of $9,037,608 for the Public Safety Building and California Avenue Parking
Garage projects.
Background
The New Public Safety Building (PSB) (PE-15001) was among nine key projects included in the
2014 Council Infrastructure Plan. The PSB was identified as the plan’s highest priority project. In
December 2016, Council authorized a contract with RossDrulisCusenbery Architecture, Inc.
(RDC) to provide design and environmental assessment services for the new PSB and the now
completed California Avenue Parking Garage (Cal Ave Garage) (CMR# 7417).
On February 1, 2021, Contract Amendment No. 1 to RDC’s contract (CMR# 11752) replenished
the PSB construction administration budget, augmented the Cal Ave Garage construction
administration project budget, and replenished the contingency budget in the contract. During
discussion of that item at the Council meeting, staff recommended redesigning the Multi-
purpose room exterior to make it more inviting and open consistent with its planned use as a
Community Room.
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Discussion
The attached Contract Amendment No. 2 is requested for additional design work for the PSB
and for an outstanding construction-related item on the Cal Ave Garage. The following items
are included in the recommended contract amendment:
1. Cal. Ave. Garage Column Construction Issue $51,798
2. Additional Topographic Investigation and Survey for PSB Utilities $22,850
3. Secure Courtyard and Grading Re-design $15,646
4. PSB Garage Exhaust Design Modifications $13,000
5. Tier 4 Generator Emission Control Design $46,472
6. Design Options for PSB Multi-purpose/Community Room $33,644
7. Replenish the Additional Services budget $100,000
TOTAL $283,410
The Cal. Ave. Garage Column Construction issue centered around multiple columns within the
garage that were poured out of plumb by the contractor. RDC and their structural
subconsultant reviewed the issue extensively and specified corrective measures to bring the
columns back into the original design parameters. For overall project funding, this additional
expenditure on RDC is being negotiated into a final change order with the contractor for the
garage construction.
The amendment also includes funding for some design investigation of utilities around the PSB
site, changes to the courtyard landscape due to grade requirements, and a redesign of the
exhaust vents from the PSB garage levels to meet a strict interpretation of building code.
Another major component of this amendment relates to new emission controls on the
emergency generator for the PSB. In late December 2020, the Bay Area Air Quality
Management District (BAAQMD) began requiring Tier 4 emission controls for generators of the
size required for the PSB. This prompted the need for a major redesign and will require a
change order to Swinerton Builders for the extra equipment. The change order is expected to
be approximately $600,000. The BAAQMD directive was not included in the bid documents for
the PSB. Bids were opened on January 5, 2021.
The last major component of this amendment is the funding necessary to prepare three design
options to enhance the PSB Multi-purpose room into a more open and inviting Community
Room. Once the options are developed, staff will bring them to Council along with cost
estimates for selection and direction to proceed with the next steps that may include
authorizing additional funding for RDC (i.e. Contract Amendment No. 3) to complete final
design, getting a formal recommendation of approval from the Architectural Review Board
(ARB), and executing a change order with Swinerton Builders. Staff estimates that such a
change order to the current construction contract could range from $200,000 to $1,200,000
depending on the extent of the Community Room’s exterior modifications.
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The amendment also includes a $100,000 replenishment of the additional services budget that
has been depleted by numerous other added scope items including the following:
1. Design of the photovoltaic solar energy system for the PSB that will be located on the
Cal Ave Garage
2. Acoustical analysis related to mitigation measures to keep operational noise within the
requirements of the Environmental Impact Report (EIR)
3. Costs to conduct a second invitation for bids for the PSB project
If this amendment is not approved, the added scope items will need to be absorbed into the
existing PSB Construction Administration (CA) task in which RDC is currently engaged. The CA
funding will then be depleted prior to the finish of construction that could result in the architect
stopping work at the critical closeout portion of the project.
Timeline
The construction of the PSB is in progress and scheduled to be completed Summer 2023.
Resource Impact
Funding for the recommendation in this report is available in the Fiscal Year 2022 New Public
Safety Building Capital Improvement Program project (PE-15001) and New California Avenue
Area Parking Garage project (PE-18000). For the $283,410 added with this amendment, $51,798
is allocated to the Cal Ave Garage project, and $231,612 is allocated to the PSB project.
The resultant redesign of the Community Room and generator emission controls could result in
further added design and construction costs of approximately $800,000 to $1,800,000. These
future costs may be able to be absorbed into the project’s contingency but may require a
budget amendment for the PSB project. Once the options are developed, staff will bring them
to Council along with cost estimates for selection and direction, for example, to proceed with
the next steps to complete final design, get a formal recommendation of approval from the
Architectural Review Board (ARB), and execute a change order with Swinerton Builders.
Stakeholder Engagement
Public Works has been and is engaging designated staff from key departments that will be
occupying the PSB upon completion. Additionally, the PSB design was reviewed and
recommended for approval via the ARB process that notifies nearby residents and publishes
formal meeting agendas online and via newspaper advertisements. The project website is
regularly updated with current information and email newsletters are sent to persons who sign
up to the mailing list via the website.
Environmental Review
An Environmental Impact Report for the PSB and the New California Avenue Area Parking
Garage was prepared and was certified by Council on June 11, 2018 (CMR# 8967), by adoption
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of Resolution No. 9772.
Attachments:
• Attachment4.a: Attachment A: Contract with RossDrulisCusenbery Architecture,
Inc.; C17165953, Amendment No. 2
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AMENDMENT NO. 2 TO CONTRACT NO. C17165953
BETWEEN THE CITY OF PALO ALTO AND
ROSSDRULISCUSENBERY ARCHITECTURE, INC.
This Amendment No. 2 (this “Amendment”) to Contract No. C17165953 (the “Contract” as
defined below) is entered into as of August 30, 2021, by and between the CITY OF PALO ALTO, a
California chartered municipal corporation (“CITY”), and ROSSDRULISCUSENBERY ARCHITECTURE,
INC., a California corporation, located at 18294 Sonoma Highway, Sonoma, CA 95476
(“CONSULTANT”). CITY and CONSULTANT are referred to collectively herein as the “Parties”.
R E C I T A L S
A. The Contract (as defined below) was entered into by and between the Parties hereto
for the provision of professional design and environmental services for a new Public Safety Building
(PSB) and a new Parking Garage, as detailed therein.
B. The Parties entered into Amendment No. 1 to provide an additional Scope of
Services under the Contract, increase the Compensation, and extend the Contract term, as detailed
therein.
C. The Parties now wish to amend the Contract in order to provide an additional scope
of services under the Contract and to increase the compensation by Two Hundred Eighty-Three
Thousand Four Hundred Ten Dollars ($283,410), from Eight Million Seven Hundred Fifty-Four
Thousand One Hundred Ninety-Eight Dollars ($8,754,198) to Nine Million Thirty-Seven Thousand
Six Hundred Eight Dollars ($9,037,608), as detailed herein.
NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of
this Amendment, the Parties agree:
SECTION 1. Definitions. The following definitions shall apply to this Amendment:
a. Contract. The term “Contract” shall mean Contract No. C17165953
between CONSULTANT and CITY, dated December 12, 2016, as amended by:
Amendment No.1, dated February 1, 2021
b. Other Terms. Capitalized terms used and not defined in this Amendment
shall have the meanings assigned to such terms in the Contract.
SECTION 2. SECTION 1, “SCOPE OF SERVICES,” of the Contract is hereby amended to read as
follows:
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“CONSULTANT will perform the Services described in Exhibit “A,” Exhibit “A-1,” and Exhibit “A-2,” in
accordance with the terms and conditions contained in this Agreement, to the reasonable
satisfaction of CITY.”
SECTION 3. SECTION 4, “COMPENSATION,” of the Contract is hereby amended to read as
follows:
“4.1 Basic Services. The compensation to be paid by CITY to CONSULTANT for performance
of the Services (also referred to in this Agreement as the “Basic Services”) shall be based on the
compensation structure detailed in Exhibit C, entitled “COMPENSATION,” including any
reimbursable expenses specified therein, and the maximum total compensation shall not exceed
One Hundred Eighty-Three Thousand Four Hundred Ten Dollars ($183,410). CONSULTANT agrees
to complete all Basic Services, including specified reimbursable expenses, within this amount.
4.2 Additional Services. In addition to the not-to-exceed compensation specified above, CITY
has set aside the not-to-exceed compensation amount of One Hundred Thousand Dollars
($100,000) for the performance of Additional Services (as defined below). The total compensation
for performance of the Services, Additional Services and any reimbursable expenses specified in
Exhibit C, shall not exceed Nine Million Thirty-Seven Thousand Six Hundred Eight Dollars
($9,037,608), as detailed in Exhibit C.
“Additional Services” means any work that is determined by CITY to be necessary for the
proper completion of the Project, but which is not included within the Scope of Services described
at Exhibit A, Exhibit A-1 and Exhibit A-2. CITY may elect to, but is not required to, authorize
Additional Services up to the maximum amount of compensation set forth for Additional Services in
this Section 4. CONSULTANT shall provide Additional Services only by advanced, written
authorization from CITY as detailed in this Section. Additional Services, if any, shall be authorized
by CITY with a Task Order assigned and authorized by CITY’s Project Manager, as identified in
Section 13 (Project Management). Each Task Order shall be in substantially the same form as
Exhibit E, entitled “PROFESSIONAL SERVICES TASK ORDER”. Each Task Order shall contain a specific
scope of services, schedule of performance and maximum compensation amount, in accordance
with the provisions of this Agreement. Compensation for Additional Services shall be specified by
CITY in the Task Order, based on whichever is lowest: the compensation structure set forth in
Exhibit C, the hourly rates set forth in Exhibit C-1, or a negotiated lump sum.
To accept a Task Order, CONSULTANT shall sign the Task Order and return it to CITY’s
Project Manager within the time specified by the Project Manager, and upon authorization by CITY
(defined as counter-signature by the CITY Project Manager), the fully executed Task Order shall
become part of this Agreement. The cumulative total compensation to CONSULTANT for all Task
Orders authorized under this Agreement shall not exceed the amount of compensation set forth for
Additional Services in this Section 4. CONSULTANT shall only be compensated for Additional
Services performed under an authorized Task Order and only up to the maximum amount of
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compensation set forth for Additional Services in this Section 4. Performance of and payment for
any Additional Services are subject to all requirements and restrictions in this Agreement.
4.3 Rate Schedule. The applicable rates and schedule of payment are set forth in Exhibit “C-
1”, entitled “Schedule of Rates” (“Rate Schedule”). CONSULTANT is not entitled to compensation
for any Services performed or reimbursement for expenses incurred to the extent that payment
would result in a total exceeding the maximum amount of compensation set forth herein.”
SECTION 5. The following exhibits to the Contract are hereby deleted and replaced in the
entirety, or added, as indicated below, to read as set forth in the attachments to this Amendment,
which are hereby incorporated in full into this Amendment and into the Contract by this reference:
a. Exhibit “A-2” entitled “SCOPE OF SERVICES, AMENDMENT No. 2,” ADDED.
b. Exhibit “C” entitled “COMPENSATION, AMENDMENT No. 2,” AMENDED,
REPLACES PREVIOUS.
SECTION 6. Legal Effect. Except as modified by this Amendment, all other provisions of the
Contract, including any exhibits thereto, shall remain in full force and effect.
SECTION 7. Incorporation of Recitals. The recitals set forth above are terms of this
Amendment and are fully incorporated herein by this reference.
(SIGNATURE BLOCK FOLLOWS ON THE NEXT PAGE.)
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SIGNATURES OF THE PARTIES
IN WITNESS WHEREOF, the Parties have by their duly authorized representatives executed
this Amendment effective as of the date first above written.
CITY OF PALO ALTO
_____________________________
City Manager
APPROVED AS TO FORM:
_____________________________
City Attorney or designee
ROSSDRULISCUSENBERY
ARCHITECTURE, INC.
Officer 1
By:___________________________
Name:________________________
Title:_________________________
Officer 2 (Required for Corp. or LLC)
By:__________________________
Name:_______________________
Title:________________________
Attachments:
Exhibit “A-2”: SCOPE OF SERVICES, AMENDMENT NO. 2 (ADDED)
Exhibit “C”: COMPENSATION, AMENDMENT NO. 2 (AMENDED, REPLACES PREVIOUS)
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CEO
Michael Ross, CEO
Mallory Cusenbery, Principal
Principal
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EXHIBIT “A-2”
SCOPE OF SERVICES, AMENDMENT NO. 2 (ADDED)
CONSULTANT will provide the Services detailed in this Exhibit “A-2” in addition to the Services
detailed under Exhibit “A” and “Exhibit A-1” of this Agreement.
1. Additional Scope of Work related to Task B.3 (PSB Construction Documents):
a. Additional topographic utility survey
b. Secure courtyard and grading re-design
c. PSB exhaust design modifications
d. Tier 4 generator emission control design
2. Additional Scope of Work related to Task B.5 (PSB Construction Administration and
Closeout):
a. Design options for the PSB multi-purpose room
3. Additional Scope of Work related to Task C.6 (Garage Construction Administration):
a. Garage column repair
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EXHIBIT “C”
COMPENSATION, AMENDMENT NO. 2
(AMENDED, REPLACES PREVIOUS)
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, or as
further specified in each Task Order approved by the CITY pursuant to this Agreement.
Compensation shall be calculated based on the hourly rate schedules attached as Exhibit C-1 up to
the not-to-exceed budget amount for each task set forth below.
CONSULTANT shall perform the tasks and categories of work in 3 phases 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 does not
exceed the amounts set forth in Section 4 (Not to Exceed Compensation) of this Agreement. Each
phase requires a separate written Notice-to-Proceed (NTP). Phases 2 and 3 will be authorized at
CITY’s discretion, and upon approval of environmental review and budget for the project.
(CONTINUED ON THE NEXT PAGE.)
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BUDGET SCHEDULE NOT TO EXCEED AMOUNT
BASIC SERVICES (TASK) Phase 1 Phase 2 Phase 3
Task A.1: PSB Preliminary Design
- CEQA / EIR $242,696
Task B.1: PSB Schematic Design $495,700
Task B.2: PSB Design
Development $856,210
Task B.3: PSB Permit Set /
Construction Documents $2,966,336
Task B.4: PSB Project Bidding and
Award $90,127
Task B.5: PSB Construction
Administration and Closeout $1,425,973
Task C.1: Garage Preliminary
Design – CEQA / EIR $121,347
Task C.2: Garage Schematic
Design $142,607
Task C.3: Garage Design
Development $190,143
Task C.4: Garage Permit Set /
Construction Documents $528,367
Task C.5: Garage Project Bidding
and Award $19,014
Task C.6: Garage Construction
Administration and Closeout $512,220
Task E.2: PSB Threat Assessment
(Predesign) $47,634
Task E.4: PSB Programming
Services for Technical Systems $34,164
Task E.6: PSB Fixtures, Furniture
and Equipment (FF&E) Design
and Procurement Documents
$287,622
Task E.7: PSB Commissioning (Cx) $27,173
Additional Excess Insurance
Coverage $25,000
ROW TOTALS
TOTAL BASIC SERVICES $2,155,501 $3,891,466 $1,965,366 $8,012,333
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REIMBURSABLES $128,185
SUBTOTAL (BASIC SERVICES &
REIMBURSABLES) $2,283,686 $3,891,466 $1,965,366 $8,094,046
ADDITIONAL SERVICES $637,090 $260,000 $897,090
TOTAL NOT-TO-EXCEED AMOUNT $2,920,776 $3,891,446 $2,225,366 $9,037,608
REIMBURSABLE EXPENSES
The administrative, overhead, secretarial time or overtime, word processing, photocopying, in-
house printing, insurance and other ordinary business expenses are included within the scope of
payment for Services and are not reimbursable expenses. CITY will reimburse CONSULTANT for the
following expenses at cost, provided that the expenses were reasonably and necessarily incurred
solely for providing the Services:
A. Travel outside the San Francisco Bay Area, including transportation and meals, will be
reimbursed at actual cost subject to limits of the CITY’s policy for reimbursement of travel
and meal expenses for CITY employees.
B. Long distance telephone service charges, cellular phone service charges, overnight
delivery, facsimile transmission and postage charges are reimbursable at actual cost.
All requests for payment of expenses must be accompanied by appropriate documentation of the
claimed expenditure, such as written receipts. Any expense anticipated to be more than $500 must
be approved in writing in advance by the CITY’s Project Manager.
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