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HomeMy WebLinkAboutStaff Report 2304-1318CITY OF PALO ALTO CITY COUNCIL Special Meeting Monday, May 22, 2023 Council Chambers & Hybrid 5:30 PM     Agenda Item     7.Approval of Amendment No. 1 to Contract No. S20178516 with Hohbach-Lewin, Inc. to increase compensation by $10,000 and to extend the Contract Term through March 30, 2026 for On-Call Structural Engineering Services for various Public Art Installations; CEQA Status – Not a Project. Q&A 2 0 5 6 City Council Staff Report From: City Manager Report Type: CONSENT CALENDAR Lead Department: Community Services Meeting Date: May 22, 2023 Report #:2304-1318 TITLE Approval of Amendment No. 1 to Contract No. S20178516 with Hohbach-Lewin, Inc. to increase compensation by $10,000 and to extend the Contract Term through March 30, 2026 for On-Call Structural Engineering Services for various Public Art Installations; CEQA Status – Not a Project. RECOMMENDATION Staff recommends that City Council approve and authorize the City Manager or designee to execute Amendment No. 1 to Contract Number S20178516 with Hohbach-Lewin, Inc. to increase compensation by $10,000, for a total not-to-exceed amount of $60,000, and to extend the contract term to March 30th, 2026 to provide On-Call Structural Engineering Services for various public art installations. BACKGROUND The City of Palo Alto’s Public Art Program manages the Public Art in Municipal Projects funds transferred annually as part of the budget cycle in accordance with Ordinance Number 5301 Municipal Code 2.26.070 (Public Art for Municipal Projects)1. The Public Art Program oversees the implementation of expanded public art programming, including permanent art installations associated with the City’s Capital Improvements Projects, temporary public art installations, Cubberley Artist Studio Program, and Code: ART. Engineered drawings and calculations are required for many temporary public art installations. Costs associated with structural engineering services are often prohibitive for the artists of such temporary public art installations as their overall budgets are limited. Therefore, the Public Art Program entered into the initial professional services agreement with Hohbach-Lewin, Inc. to provide on-call structural engineering services for various public art projects in April 2020. 1 Ordinance No 5301 of the Council of the City of Palo Alto Amending the Municipal Code to add Section 2.26.070 (Public Art for Municipal Projects) to Chapter 2.26 (Visual Art in Public Places); https://www.cityofpaloalto.org/files/assets/public/community-services/public-art-program/pap-policies-and- docs/ord-5301-public-art-for-muni-projects-2015.pdf 2 0 5 6 ANALYSIS In early January 2020, the Public Art Program released a Request for Proposals (RFP) for on-call engineering services for public art. The RFP was sent to multiple Engineering firms with a due date to respond of February 21, 2020. Hohbach-Lewin, Inc. was the only firm who responded. Staff is not certain why there was only one firm that responded, but suspects that it is due to the small contract amount and the unusual niche focus on public art in the field of structural engineering. Hohbach-Lewin, Inc. has been providing a range of services instrumental for the implementation of temporary public art installations for a variety of projects, including the King Artist-in-Residence program, and the Code:ART public art festival installations. The Public Art Program staff relies on the services provided by Hohbach-Lewin, Inc to ensure the installations are designed and fabricated to provide safety to the public, City staff, and surrounding structures and protection of the project from elements due to wind, seismic, or other typical potential hazards. The current contract with Hohbach-Lewin, Inc. expired on April 1, 2023. Extension of the contract will allow the Public Art Program staff to continue utilizing on-call structural engineering services by Hohbach-Lewin, Inc. essential for the successful implementation of various Public Art installations throughout Palo Alto in the next three years and the additional funds will ensue that adequate funding is available for these projects. This amendment requires Council approval as it extends the term of the contract beyond three years. FISCAL/RESOURCE IMPACT As part of the annual budget process, 1% of the Annual Capital Improvement Budget is earmarked for the purpose of commissioning public art and budgeted in the Art in Public Spaces CIP Project (AC-86017). The Fiscal Year 2023 Adopted Capital Budget Art in Public Places Capital Project has sufficient funding to absorb the cost of this contract with no additional budgetary action required. STAKEHOLDER ENGAGEMENT Staff coordinated internally with procurement staff and legal support to review and execute this amendment. ENVIRONMENTAL IMPACT Approval of this amendment is not a project under the California Environmental Quality Act. ATTACHMENTS Attachment A Contract (S20178516) HOHBACH-LEWIN, INC. Attachment B Amendment No. 1 to Contract NO. S20178516 with Hohbach-Lewin, Inc. APPROVED BY: Kristen O'Kane, Community Services Director Professional Services Rev. April 27, 2018 1 CITY OF PALO ALTO CONTRACT NO. S20178516 AGREEMENT BETWEEN THE CITY OF PALO ALTO AND HOHBACH-LEWIN, INC. FOR PROFESSIONAL SERVICES This Agreement is entered into on this 23rd day of April, 2020, (“Agreement”) by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and Hohbach-Lewin, Inc., a California corporation located at 260 Sheridan Avenue, Suite 150 Palo Alto, CA 94306 ("CONSULTANT"). RECITALS The following recitals are a substantive portion of this Agreement. A. CITY desires to engage a consultant who intends to provide On-Call Structural Engineering Services for various Public Art Installations (“Project”) and intends to contract with CONSULTANT whom will provide services in conjunction with the Project (“Services”). B. CONSULTANT has represented that it has the necessary professional expertise, qualifications, and capability, and all required licenses and/or certifications to provide the Services. C. CITY in reliance on these representations desires to engage CONSULTANT to provide the Services as more fully described in Exhibit “A”, attached to and made a part of this Agreement. NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, in this Agreement, the parties agree: AGREEMENT SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described at Exhibit “A” in accordance with the terms and conditions contained in this Agreement. The performance of all Services shall be to the reasonable satisfaction of CITY. Optional On-Call Provision (This provision only applies if checked and only applies to on-call agreements.) Services will be authorized by CITY, as needed, with a Task Order assigned and approved by CITY’s Project Manager. Each Task Order shall be in substantially the same form as Exhibit A-1. Each Task Order shall designate a CITY Project Manager and shall contain a specific scope of work, a specific schedule of performance and a specific compensation amount. The total price of all Task Orders issued under this Agreement shall not exceed the amount of Compensation set forth in Section 4 of this Agreement. CONSULTANT shall only be compensated for work performed under an authorized Task Order and CITY may elect, but is not required, to authorize work up to the maximum compensation amount set forth in Section 4. SECTION 2. TERM. The term of this Agreement shall be from April 1, 2020 through March 30, 2023 unless terminated earlier pursuant to Section 19 of this Agreement. DocuSign Envelope ID: 5D2FE27C-E283-46D9-AC06-90077479B349 Professional Services Rev. April 27, 2018 2 SECTION 3. SCHEDULE OF PERFORMANCE. Time is of the essence in the performance of Services under this Agreement. CONSULTANT shall complete the Services within the term of this Agreement and in accordance with the schedule set forth in Exhibit “B”, attached to and made a part of this Agreement. Any Services for which times for performance are not specified in this Agreement shall be commenced and completed by CONSULTANT in a reasonably prompt and timely manner based upon the circumstances and direction communicated to the CONSULTANT. CITY’s agreement to extend the term or the schedule for performance shall not preclude recovery of damages for delay if the extension is required due to the fault of CONSULTANT. SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to CONSULTANT for performance of the Services described in Exhibit “A” (“Basic Services”), and reimbursable expenses, shall not exceed fifty thousand Dollars ($50,000). CONSULTANT agrees to complete all Basic Services, including reimbursable expenses, within this amount. In the event Additional Services are authorized, the total compensation for Basic Services, Additional Services and reimbursable expenses shall not exceed fifty thousand Dollars ($50,000). The applicable rates and schedule of payment are set out at Exhibit “C-1”, entitled “SCHEDULE OR RATES,” which is attached to and made a part of this Agreement. Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to the CITY. Additional Services, if any, shall be authorized in accordance with and subject to the provisions of Exhibit “C”. CONSULTANT shall not receive any compensation for Additional Services performed without the prior written authorization of CITY. Additional Services shall mean any work that is determined by CITY to be necessary for the proper completion of the Project, but which is not included within the Scope of Services described at Exhibit “A”. SECTION 5. INVOICES. In order to request payment, CONSULTANT shall submit invoices to the CITY describing the services performed and the applicable charges (including an identification of personnel who performed the services, hours worked, hourly rates, and reimbursable expenses), based upon the CONSULTANT’s billing rates (set forth in Exhibit “C-1”). If applicable, the invoice shall also describe the percentage of completion of each task. The information in CONSULTANT’s payment requests shall be subject to verification by CITY. CONSULTANT shall send all invoices to the City’s project manager at the address specified in Section 13 below. The City will generally process and pay invoices within thirty (30) days of receipt. SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All of the Services shall be performed by CONSULTANT or under CONSULTANT’s supervision. CONSULTANT represents that it possesses the professional and technical personnel necessary to perform the Services required by this Agreement and that the personnel have sufficient skill and experience to perform the Services assigned to them. CONSULTANT represents that it, its employees and subconsultants, if permitted, have and shall maintain during the term of this Agreement all licenses, permits, qualifications, insurance and approvals of whatever nature that are legally required to perform the Services. All of the services to be furnished by CONSULTANT under this agreement shall meet the professional standard and quality that prevail among professionals in the same discipline and of similar knowledge and skill engaged in related work throughout California under the same or DocuSign Envelope ID: 5D2FE27C-E283-46D9-AC06-90077479B349 Professional Services Rev. April 27, 2018 3 similar circumstances. SECTION 7. COMPLIANCE WITH LAWS. CONSULTANT shall keep itself informed of and in compliance with all federal, state and local laws, ordinances, regulations, and orders that may affect in any manner the Project or the performance of the Services or those engaged to perform Services under this Agreement. CONSULTANT shall procure all permits and licenses, pay all charges and fees, and give all notices required by law in regarding CONSULTANT’S performance of the Services. SECTION 8. ERRORS/OMISSIONS. CONSULTANT is solely responsible for costs, including, but not limited to, increases in the cost of Services, arising from or caused by CONSULTANT’s errors and omissions, including, but not limited to, the costs of corrections such errors and omissions, any change order markup costs, or costs arising from delay caused by the negligent errors and omissions or unreasonable delay in correcting the errors and omissions. SECTION 9. COST ESTIMATES. If this Agreement pertains to the design of a public works project, CONSULTANT shall submit estimates of probable construction costs at each phase of design submittal. If the total estimated construction cost at any submittal exceeds ten percent (10%) of CITY’s stated construction budget, CONSULTANT shall make recommendations to CITY for aligning the PROJECT design with the budget, incorporate CITY approved recommendations, and revise the design to meet the Project budget, at no additional cost to CITY. SECTION 10. INDEPENDENT CONTRACTOR. It is understood and agreed that in performing the Services under this Agreement CONSULTANT, and any person employed by or contracted with CONSULTANT to furnish labor and/or materials under this Agreement, shall act as and be an independent contractor and not an agent or employee of CITY. SECTION 11. ASSIGNMENT. The parties agree that the expertise and experience of CONSULTANT are material considerations for this Agreement. CONSULTANT shall not assign or transfer any interest in this Agreement nor the performance of any of CONSULTANT’s obligations hereunder without the prior written consent of the city manager. Consent to one assignment will not be deemed to be consent to any subsequent assignment. Any assignment made without the approval of the city manager will be void. SECTION 12. SUBCONTRACTING. CONSULTANT shall not subcontract any portion of the work to be performed under this Agreement without the prior written authorization of the city manager or designee. CONSULTANT shall be responsible for directing the work of any subconsultants and for a ny compensation due to subconsultants. CITY assumes no responsibility whatsoever concerning compensation. CONSULTANT shall be fully responsible to CITY for all acts and omissions of a subconsultant. CONSULTANT shall change or add subconsultants only with the prior approval of the city manager or his designee. SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Doug Hohbach, S.E., Email: DHohbach@hohbach-lewin.com, as the principal to have supervisory responsibility DocuSign Envelope ID: 5D2FE27C-E283-46D9-AC06-90077479B349 Professional Services Rev. April 27, 2018 4 for the performance, progress, and execution of the Services and to represent CONSULTANT during the day-to-day work on the Project. If circumstances cause the substitution of the project director, project coordinator, or any other key personnel for any reason, the appointment of a substitute project director and the assignment of any key new or replacement personnel will be subject to the prior written approval of the CITY’s project manager. CONSULTANT, at CITY’s request, shall promptly remove personnel who CITY finds do not perform the Services in an acceptable manner, are uncooperative, or present a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property. CITY’s project manager is Elise DeMarzo, Email: Elise.DeMarzo@CityofPaloAlto.org, Department, Community Art and Sciences Division, 1313 Newell Road, Palo Alto, CA 94303, Telephone: (650) 617-3517. The project manager will be CONSULTANT’s point of contact with respect to performance, progress and execution of the Services. CITY may designate an alternate project manager from time to time. SECTION 14. OWNERSHIP OF MATERIALS. Upon delivery, all work product, including without limitation, all writings, drawings, plans, reports, specifications, calculations, documents, other materials and copyright interests developed under this Agreement shall be and remain the exclusive property of CITY without restriction or limitation upon their use. CONSULTANT agrees that all copyrights which arise from creation of the work pursuant to this Agreement shall be vested in CITY, and CONSULTANT waives and relinquishes all claims to copyright or other intellectual property rights in favor of the CITY. Neither CONSULTANT nor its contractors, if any, shall make any of such materials available to any individual or organization without the prior written approval of the City Manager or designee. CONSULTANT makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the scope of work. SECTION 15. AUDITS. CONSULTANT will permit CITY to audit, at any reasonable time during the term of this Agreement and for three (3) years thereafter, CONSULTANT’s records pertaining to matters covered by this Agreement. CONSULTANT further agrees to maintain and retain such records for at least three (3) years after the expiration or earlier termination of t his Agreement. SECTION 16. INDEMNITY. 16.1. To the fullest extent permitted by applicable law including California Civil Code section 2782.8, CONSULTANT shall, indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents (each an “Indemnified Party”) from and against any and all losses, , claims, or liability of any nature, including death or injury to any person, property damage or any other loss, including all costs and expenses of whatever nature including attorneys fees, experts fees, court costs and disbursements (“Claims”) to the extent that such Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT, its officers, employees, agents or contractors under this Agreement, regardless of whether or not it is caused in part by an Indemnified Party. 16.2. Notwithstanding the above, nothing in this Section 16 shall be construed to DocuSign Envelope ID: 5D2FE27C-E283-46D9-AC06-90077479B349 Professional Services Rev. April 27, 2018 5 require CONSULTANT to indemnify an Indemnified Party from Claims arising from the active negligence, sole negligence or willful misconduct of an Indemnified Party. Nothing in this Section 16.2 shall be construed to require any obligations on CONSULTANT in conflict with the provisions of California Civil Code section 2782.8. 16.3. The acceptance of CONSULTANT’s services and duties by CITY shall not operate as a waiver of the right of indemnification. The provisions of this Section 16 shall survive the expiration or early termination of this Agreement. SECTION 17. WAIVERS. The waiver by either party of any breach or violation of any covenant, term, condition or provision of this Agreement, or of the provisions of any ordinance or law, will not be deemed to be a waiver of any other term, covenant, condition, provisions, ordinance or law, or of any subsequent breach or violation of the same or of any other term, covenant, condition, provision, ordinance or law. SECTION 18. INSURANCE. 18.1. CONSULTANT, at its sole cost and expense, shall obtain and maintain, in full force and effect during the term of this Agreement, the insurance coverage described in Exhibit "D". CONSULTANT and its contractors, if any, shall obtain a policy endorsement nami ng CITY as an additional insured under any general liability or automobile policy or policies. 18.2. All insurance coverage required hereunder shall be provided through carriers with AM Best’s Key Rating Guide ratings of A-:VII or higher which are licensed or authorized to transact insurance business in the State of California. Any and all contractors of CONSULTANT retained to perform Services under this Agreement will obtain and maintain, in full force and effect during the term of this Agreement, identical insurance coverage, naming CITY as an additional insured under such policies as required above. 18.3. Certificates evidencing such insurance shall be filed with CITY concurrent- ly with the execution of this Agreement. The certificates will be subject to the approval of CITY’s Risk Manager and will contain an endorsement stating that the insurance is primary coverage and will not be canceled, or materially reduced in coverage or limits, by the insurer except after filing with the Purchasing Manager thirty (30) days' prior written notice of the cancellation or modification. If the insurer cancels or materially reduces the insurance and provides less than thirty (30) days’ notice to CONSULTANT, CONSULTANT shall provide the Purchasing Manager written notice of the cancellation or material reduction within two (2) business days of the CONSULTANT’s receipt of such notice. CONSULTANT shall be responsible for ensuring that current certificates evidencing the insurance are provided to CITY’s Chief Procurement Officer during the entire term of this Agreement. 18.4. The procuring of such required policy or policies of insurance will not be construed to limit CONSULTANT's liability hereunder nor to fulfill the indemnification provisions of this Agreement. Notwithstanding the policy or policies of insurance, CONSULTANT will be obligated for the full and total amount of any damage, injury, or loss caused by or directly arising as a result of the Services performed under this Agreement, including such damage, injury, or loss arising after the Agreement is terminated or the term has expired. DocuSign Envelope ID: 5D2FE27C-E283-46D9-AC06-90077479B349 Professional Services Rev. April 27, 2018 6 SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES. 19.1. The City Manager may suspend the performance of the Services, in whole or in part, or terminate this Agreement, with or without cause, by giving ten (10) days prior written notice thereof to CONSULTANT. Upon receipt of such notice, CONSULTANT will immediately discontinue its performance of the Services. 19.2. CONSULTANT may terminate this Agreement or suspend its performance of the Services by giving thirty (30) days prior written notice thereof to CITY, but only in the event of a substantial failure of performance by CITY. 19.3. Upon such suspension or termination, CONSULTANT shall deliver to the City Manager immediately any and all copies of studies, sketches, drawings, computations, and other data, whether or not completed, prepared by CONSULTANT or its contractors, if any, or given to CONSULTANT or its contractors, if any, in connection with this Agreement. Such materials will become the property of CITY. 19.4. Upon such suspension or termination by CITY, CONSULTANT will be paid for the Services rendered or materials delivered to CITY in accordance with the scope of services on or before the effective date (i.e., 10 days after giving notice) of suspension or termination; provided, however, if this Agreement is suspended or terminated on account of a default by CONSULTANT, CITY will be obligated to compensate CONSULTANT only for that portion of CONSULTANT’s services which are of direct and immediate benefit to CITY as such determination may be made by the City Manager acting in the reasonable exercise of his/her discretion. The following Sections will survive any expiration or termination of this Agreement: 14, 15, 16, 19.4, 20, and 25. 19.5. No payment, partial payment, acceptance, or partial acceptance by CITY will operate as a waiver on the part of CITY of any of its rights under this Agreement. SECTION 20. NOTICES. All notices hereunder will be given in writing and mailed, postage prepaid, by certified mail, addressed as follows: To CITY: Office of the City Clerk City of Palo Alto Post Office Box 10250 Palo Alto, CA 94303 With a copy to the Purchasing Manager To CONSULTANT: Hohbach-Lewin, Inc. 260 Sheridan Ave. Ste. 150 Palo Alto, CA 94306 DocuSign Envelope ID: 5D2FE27C-E283-46D9-AC06-90077479B349 Professional Services Rev. April 27, 2018 7 SECTION 21. CONFLICT OF INTEREST. 21.1. In accepting this Agreement, CONSULTANT covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services. 21.2. CONSULTANT further covenants that, in the performance of this Agreement, it will not employ subconsultants, contractors or persons having such an interest. CONSULTANT certifies that no person who has or will have any financial interest under this Agreement is an officer or employee of CITY; this provision will be interpreted in accordance with the applicable provisions of the Palo Alto Municipal Code and the Government Code of the State of California. 21.3. If the Project Manager determines that CONSULTANT is a “Consultant” as that term is defined by the Regulations of the Fair Political Practices Commission, CONSULTANT shall be required and agrees to file the appropriate financial disclosure documents required by the Palo Alto Municipal Code and the Political Reform Act. SECTION 22. NONDISCRIMINATION. As set forth in Palo Alto Municipal Code section 2.30.510, CONSULTANT certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person due to that person’s race, skin color, gender, gender identity, age, religion, disability, national origin, ancestry, sexual orientation, pregnancy, genetic information or condition, housing status, marital status, familial status, weight or height of such person. CONSULTANT acknowledges that it has read and understands the provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section 2.30.510 pertaining to nondiscrimination in employment. SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE REQUIREMENTS. CONSULTANT shall comply with the CITY’s Environmentally Preferred Purchasing policies which are available at CITY’s Purchasing Department, incorporated by reference and may be amended from time to time. CONSULTANT shall comply with waste reduction, reuse, recycling and disposal requirements of CITY’s Zero Waste Program. Zero Waste best practices include first minimizing and reducing waste; second, reusing waste and third, recycling or composting waste. In particular, CONSULTANT shall comply with the following zero waste requirements: (a) All printed materials provided by CONSULTANT to CITY generated from a personal computer and printer including but not limited to, proposals, quotes, invoices, reports, and public education materials, shall be double-sided and printed on a minimum of 30% or greater post-consumer content paper, unless otherwise approved by CITY’s Project Manager. Any submitted materials printed by a professional printing company shall be a minimum of 30% or greater post- consumer material and printed with vegetable based inks. (b) Goods purchased by CONSULTANT on behalf of CITY shall be purchased in accordance with CITY’s Environmental Purchasing Policy including but not limited to Extended Producer Responsibility requirements for products and DocuSign Envelope ID: 5D2FE27C-E283-46D9-AC06-90077479B349 Professional Services Rev. April 27, 2018 8 packaging. A copy of this policy is on file at the Purchasing Division’s office. (c) Reusable/returnable pallets shall be taken back by CONSULTANT, at no additional cost to CITY, for reuse or recycling. CONSULTANT shall provide documentation from the facility accepting the pallets to verify that pallets are not being disposed. SECTION 24. COMPLIANCE WITH PALO ALTO MINIMUM WAGE ORDINANCE. CONSULTANT shall comply with all requirements of the Palo Alto Municipal Code Chapter 4.62 (Citywide Minimum Wage), as it may be amended from time to time. In particular, for any employee otherwise entitled to the State minimum wage, who performs at least two (2) hours of work in a calendar week within the geographic boundaries of the City, CONSULTANT shall pay such employees no less than the minimum wage set forth in Palo Alto Municipal Code section 4.62.030 for each hour worked within the geographic boundaries of the City of Palo Alto. In addition, CONSULTANT shall post notices regarding the Palo Alto Minimum Wage Ordinance in accordance with Palo Alto Municipal Code section 4.62.060. SECTION 25. NON-APPROPRIATION 25.1. This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code. This Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Agreement are no longer available. This section shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Agreement. SECTION 26. PREVAILING WAGES AND DIR REGISTRATION FOR PUBLIC WORKS CONTRACTS CONSULTANT is not required to pay prevailing wages in the performance and implementation of the Project in accordance with SB 7 if the contract is not a public works contract, if the contract does not include a public works construction project of more than $25,000, or the contract does not include a public works alteration, demolition, repair, or maintenance (collectively, ‘improvement’) project of more than $15,000. SECTION 27. MISCELLANEOUS PROVISIONS. 27.1. This Agreement will be governed by the laws of the State of California. 27.2. In the event that an action is brought, the parties agree that trial of such action will be vested exclusively in the state courts of California in the County of Santa Clara, State of California. 27.3. The prevailing party in any action brought to enforce the provisions of this Agreement may recover its reasonable costs and attorneys' fees expended in connection with that DocuSign Envelope ID: 5D2FE27C-E283-46D9-AC06-90077479B349 Professional Services Rev. April 27, 2018 9 action. The prevailing party shall be entitled to recover an amount equal to the fair market value of legal services provided by attorneys employed by it as well as any attorneys’ fees paid to third parties. 27.4. This document represents the entire and integrated agreement between the parties and supersedes all prior negotiations, representations, and contracts, either written or oral. This document may be amended only by a written instrument, which is signed by the parties. 27.5. The covenants, terms, conditions and provisions of this Agreement will apply to, and will bind, the heirs, successors, executors, administrators, assignees, and consultants of the parties. 27.6. If a court of competent jurisdiction finds or rules that any provision of this Agreement or any amendment thereto is void or unenforceable, the unaffected provisions of this Agreement and any amendments thereto will remain in full force and effect. 27.7. All exhibits referred to in this Agreement and any addenda, appendices, attachments, and schedules to this Agreement which, from time to time, may be referred to in any duly executed amendment hereto are by such reference incorporated in this Agreement and will be deemed to be a part of this Agreement. 27.8 In the event of a conflict between the terms of this Agreement and the exhibits hereto or CONSULTANT’s proposal (if any), the Agreement shall control. In the case of any conflict between the exhibits hereto and CONSULTANT’s proposal, the exhibits shall control. 27.9 If, pursuant to this contract with CONSULTANT, CITY shares with CONSULTANT personal information as defined in California Civil Code section 1798.81.5(d) about a California resident (“Personal Information”), CONSULTANT shall maintain reasonable and appropriate security procedures to protect that Personal Information, and shall inform City immediately upon learning that there has been a breach in the security of the system or in the security of the Personal Information. CONSULTANT shall not use Personal Information for direct marketing purposes without City’s express written consent. 27.10 All unchecked boxes do not apply to this Agreement. 27.11 The individuals executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities. 27.12 This Agreement may be signed in multiple counterparts, which shall, when executed by all the parties, constitute a single binding agreement. DocuSign Envelope ID: 5D2FE27C-E283-46D9-AC06-90077479B349 Professional Services Rev. April 27, 2018 10 CONTRACT No. S20178516 SIGNATURE PAGE IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement on the date first above written. CITY OF PALO ALTO ____________________________ Contracts Administrator or designee APPROVED AS TO FORM: __________________________ City Attorney or designee HOHBACH-LEWIN, INC. By: Name: Title: Attachments: EXHIBIT “A”: SCOPE OF SERVICES EXHIBIT “A-1” PROFESSIONAL SERVICES TASK ORDER (for on-call contracts only) EXHIBIT “B”: SCHEDULE OF PERFORMANCE EXHIBIT “C”: COMPENSATION EXHIBIT “C-1”: SCHEDULE OF RATES EXHIBIT “D”: INSURANCE REQUIREMENTS DocuSign Envelope ID: 5D2FE27C-E283-46D9-AC06-90077479B349 Principal Douglas Hohbach Professional Services Rev. April 27, 2018 11 EXHIBIT “A” SCOPE OF SERVICES The CONSULTANT will perform Services on an on-call basis, using the form included as Exhibit “A-1”, in one or more of the following areas: 1. CONSULTANT will consult with the Public Art Program and artists on artwork design to ensure compatibility and constructability for the desired location. 2. CONSULTANT will prepare calculations for public art projects for display purposes as necessary, including any structural, electrical or other disciplines associated with the project. 2.1 This could require the structural design of mounting brackets, foundations, and other combinations or means of attachment that will provide stability, both statically and dynamically for the protection of the project, the general public, City staff, surrounding structures and elements due to wind, seismic, or other typical potential hazards using prudent engineering methods and judgement. 2.2 Some projects could require design/confirmation of existing electrical circuits to prevent overloading or design of new, properly grounded circuits as needed. 2.3 Consultant shall not: (1) conduct land surveys or other fieldwork; (2) directly participate in any on-site aspects of fabrications, assembly or removal or temporary public art. Deliverables CONSULTANT’s deliverables will be determined on a task -by -task basis, as specified on a form substantially in the form of Exhibit “A-1”. DocuSign Envelope ID: 5D2FE27C-E283-46D9-AC06-90077479B349 Professional Services Rev. April 27, 2018 12 EXHIBIT “A-1” PROFESSIONAL SERVICES TASK ORDER Consultant hereby agrees to perform the work detailed below in accordance with all the terms and conditions of t he Agreement referenced in Item 1A below. All exhibits referenced in Item 8 are incorporated into the Agreement by this reference. The Consultant shall furnish the necessary facilities, professional, technical and supporting personnel required by this Task Order as described below. CONTRACT NO. ISSUE DATE Purchase Requisition No. 1A. MASTER AGREEMENT NUMBER 1B. TASK ORDER NO. 2. CONSULTANT 3. PERIOD OF PERFORMANCE: START: COMPLETION: 4 TOTAL TASK ORDER PRICE: $__________________ BALANCE REMAINING IN MASTER AGREEMENT $__________________________________ 5. BUDGET CODE: _______________ COST CENTER_________________ COST ELEMENT______________ WBS/CIP___ _______PHASE___ 6. CITY PROJECT MANAGER’S NAME/DEPARTMENT_________________________________________ 7. DESCRIPTION OF SCOPE OF SERVICES MUST INCLUDE: ▪ WORK TO BE PERFORMED ▪ SCHEDULE OF WORK ▪ BASIS FOR PAYMENT & FEE SCHEDULE ▪ DELIVERABLES ▪ REIMBURSABLES (with “not to exceed” cost) 8. ATTACHMENTS: A: Scope of Services B: __________________________________ ----------------------------------------------------------------------------------------------------------------------------------- I hereby authorize the performance of I hereby acknowledge receipt and acceptance the work described above in this Task Order. of this Task Order and warrant that I have authority to sign on behalf of Consultant. APPROVED: APPROVED: CITY OF PALO ALTO COMPANY NAME: ______________________ BY:__________________________________ BY:____________________________________ Name ________________________________ Name __________________________________ Title_________________________________ Title___________________________________ Date _________________________________ Date ___________________________________ DocuSign Envelope ID: 5D2FE27C-E283-46D9-AC06-90077479B349 Professional Services Rev. April 27, 2018 13 EXHIBIT “B” SCHEDULE OF PERFORMANCE CONSULTANT shall perform the Services so as to complete each task by the end of the term of this Agreement or by a sooner date with mutual written agreement of the project managers for CONSULTANT and CITY, so long as all work is completed within the term of the Agreement. If specified in the applicable Task Order, CONSULTANT shall provide the CITY with a detailed schedule of work. DocuSign Envelope ID: 5D2FE27C-E283-46D9-AC06-90077479B349 Professional Services Rev. April 27, 2018 14 EXHIBIT “C” COMPENSATION The CITY agrees to compensate the CONSULTANT for professional services performed in accordance with the terms and conditions of this Agreement based on the schedule of rates attached as Exhibit C-1. The compensation to be paid to CONSULTANT under this Agreement for all services, additional services, and reimbursable expenses shall not exceed the amount(s) stated in Section 4 of this Agreement. CONSULTANT agrees to complete all Services and Additional Services, including reimbursable expenses, within this/these amount(s). Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth in this Agreement shall be at no cost to the CITY. REIMBURSABLE EXPENSES The administrative, overhead, secretarial time or secretarial overtime, word processing, photocopying, in-house printing, insurance and other ordinary business expenses are included within the scope of payment for services and are not reimbursable expenses. CITY shall reimburse CONSULTANT for the following reimbursable expenses at cost. Expenses for which CONSULTANT shall be reimbursed are: none All requests for payment of expenses shall be accompanied by appropriate backup information. Any expense anticipated to be more than $0 shall be approved in advance by the CITY’s project manager. ADDITIONAL SERVICES The CONSULTANT shall provide additional services only by advanced, written authorization from the CITY. The CONSULTANT, at the CITY’s project manager’s request, shall submit a detailed written proposal including a description of the scope of services, schedule, level of effort, and CONSULTANT’s proposed maximum compensation, including reimbursable expenses, for such services based on the rates set forth in Exhibit C-1. The additional services scope, schedule and maximum compensation shall be negotiated and agreed to in writing by the CITY’s Project Manager and CONSULTANT prior to commencement of the services. Payment for additional services is subject to all requirements and restrictions in this Agreement. DocuSign Envelope ID: 5D2FE27C-E283-46D9-AC06-90077479B349 Professional Services Rev. April 27, 2018 15 EXHIBIT “C-1” SCHEDULE OF RATES Standard Structural Engineering Billing Rates: Title: Rates: Principal $220.00-$250.00 Associated Principal $200.00-$210.00 Senior Associate $180.00-$200.00 Associate $155.00-$165.00 Project Structural Engineer $150.00-$155.00 Project Engineer $130.00-$150.00 Design Engineer $100.00-$130.00 Staff Engineer $90.00-$100.00 BIM Modeler $90.00-$120.00 Senior CAD Drafter $115.00-$130.00 CAD Drafter $80.00-100.00 Engineer in training $85.00 Clerical $75.00 Plots $5.00 per sheet Automobile $0.58 per mile (federal rate) DocuSign Envelope ID: 5D2FE27C-E283-46D9-AC06-90077479B349 Professional Services Rev. April 27, 2018 16 EXHIBIT “D” INSURANCE REQUIREMENTS CONTRACTORS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITH AM BEST’S KEY RATING OF A-:VII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA. AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AS SPECIFIED, BELOW: REQUIRED TYPE OF COVERAGE REQUIREMENT MINIMUM LIMITS EACH OCCURRENCE AGGREGATE YES YES WORKER’S COMPENSATION EMPLOYER’S LIABILITY STATUTORY STATUTORY YES GENERAL LIABILITY, INCLUDING PERSONAL INJURY, BROAD FORM PROPERTY DAMAGE BLANKET CONTRACTUAL, AND FIRE LEGAL LIABILITY BODILY INJURY PROPERTY DAMAGE BODILY INJURY & PROPERTY DAMAGE COMBINED. $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 YES AUTOMOBILE LIABILITY, INCLUDING ALL OWNED, HIRED, NON-OWNED BODILY INJURY - EACH PERSON - EACH OCCURRENCE PROPERTY DAMAGE BODILY INJURY AND PROPERTY DAMAGE, COMBINED $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 YES PROFESSIONAL LIABILITY, INCLUDING, ERRORS AND OMISSIONS, MALPRACTICE (WHEN APPLICABLE), AND NEGLIGENT PERFORMANCE ALL DAMAGES $1,000,000 YES THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONTRACTOR, AT ITS SOLE COST AND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONTRACTOR AND ITS SUBCONSULTANTS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’ COMPENSATION, EMPLOYER’S LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES. I. INSURANCE COVERAGE MUST INCLUDE: A. A PROVISION FOR A WRITTEN THIRTY (30) DAY ADVANCE NOTICE TO CITY OF CHANGE IN COVERAGE OR OF COVERAGE CANCELLATION; AND B. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONTRACTOR’S AGREEMENT TO INDEMNIFY CITY. C. DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITY’S PRIOR APPROVAL. II. CONTACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE AT THE FOLLOWING URL: https://www.planetbids.com/portal/portal.cfm?CompanyID=25569. III. ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO “ADDITIONAL INSUREDS” A. PRIMARY COVERAGE WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS. DocuSign Envelope ID: 5D2FE27C-E283-46D9-AC06-90077479B349 Professional Services Rev. April 27, 2018 17 B. CROSS LIABILITY THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY. C. NOTICE OF CANCELLATION 1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER THAN THE NON-PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. 2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. VENDORS ARE REQUIRED TO FILE THEIR EVIDENCE OF INSURANCE AND ANY OTHER RELATED NOTICES WITH THE CITY OF PALO ALTO AT THE FOLLOWING URL: HTTPS://WWW.PLANETBIDS.COM/PORTAL/PORTAL.CFM?COMPANYID=25569 OR HTTP://WWW.CITYOFPALOALTO.ORG/GOV/DEPTS/ASD/PLANET_BIDS_HOW_TO.ASP DocuSign Envelope ID: 5D2FE27C-E283-46D9-AC06-90077479B349 Vers.: Aug. 5, 2019 Page 1 of 4 AMENDMENT NO. 1 TO CONTRACT NO. S20178516 BETWEEN THE CITY OF PALO ALTO AND HOHBACH-LEWIN, INC. This Amendment No. 1 (this “Amendment”) to Contract No. S20178516 (the “Contract” as defined below) is entered into as of May 22, 2023, by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and HOHBACH-LEWIN, INC., a California corporation, located at 260 Sheridan Avenue, Suite 105, Palo Alto, CA 94306 (“CONSULTANT”). CITY and CONSULTANT are referred to collectively as the “Parties” in this Amendment. 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 providing On-Call Structural Engineering Services for various Public Art Installations (“Project”), as detailed therein. B. The Parties now wish to amend the Contract in order to extend the contract term for three years through March 30, 2026, increase total Not-to-Exceed Compensation by Ten Thousand Dollars ($10,000) from Fifty Thousand Dollars ($50,000) to Sixty Thousand Dollars ($60,000), and update the Schedule of Rates, 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. S20178516 between CONSULTANT and CITY, dated April 23, 2020. 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 2 “TERM” of the Contract is hereby amended to read as follows: “The term of this Agreement shall be from April 1, 2020 through March 30, 2026 unless terminated earlier pursuant to Section 19 of this Agreement.” SECTION 3. Section 4 “NOT TO EXCEED COMPENSATION” of the Contract is hereby amended to read as follows: “The compensation to be paid to CONSULTANT for performance of the Services described in Exhibit “A” (“Basic Services”), and reimbursable expenses, shall not exceed Sixty Thousand Dollars ($60,000). CONSULTANT agrees to complete all Basic Services, including reimbursable expenses, DocuSign Envelope ID: 5F098D37-8900-4FCF-BCF2-961F48189FA5 Vers.: Aug. 5, 2019 Page 2 of 4 within this amount. In the event Additional Services are authorized, the total compensation for Basic Services, Additional Services and reimbursable expenses shall not exceed fifty thousand Dollars ($60,000). The applicable rates and schedule of payment are set out at Exhibit “C-1”, entitled “SCHEDULE OR RATES,” which is attached to and made a part of this Agreement. Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to the CITY. Additional Services, if any, shall be authorized in accordance with and subject to the provisions of Exhibit “C”. CONSULTANT shall not receive any compensation for Additional Services performed without the prior written authorization of CITY. Additional Services shall mean any work that is determined by CITY to be necessary for the proper completion of the Project, but which is not included within the Scope of Services described at Exhibit “A”.” SECTION 4. The following exhibit(s) to the Contract is/are hereby amended or added, as indicated below, to read as set forth in the attachment(s) to this Amendment, which is/are hereby incorporated in full into this Amendment and into the Contract by this reference: a. Exhibit “C-1” entitled “SCHEDULE OF RATES, AMENDMENT NO. 1”, AMENDED, REPLACES PREVIOUS. SECTION 5. 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 6. 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.) DocuSign Envelope ID: 5F098D37-8900-4FCF-BCF2-961F48189FA5 Vers.: Aug. 5, 2019 Page 3 of 4 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 ______________________________ Purchasing Manager APPROVED AS TO FORM: ______________________________ City Attorney or Designee HOHBACH-LEWIN, INC. Officer 1 By:___________________________ Name:________________________ Title:_________________________ Officer 2 By:___________________________ Name:________________________ Title:__________________________ Attachments: Exhibit “C-1” entitled “SCHEDULE OF RATES, AMENDMENT NO. 1” (AMENDED, REPLACES PREVIOUS) DocuSign Envelope ID: 5F098D37-8900-4FCF-BCF2-961F48189FA5 Principal Douglas Hohbach Principal Joaquim Roberts, Treasurer Vers.: Aug. 5, 2019 Page 4 of 4 EXHIBIT “C-1” SCHEDULE OF RATES, AMENDMENT NO. 1 (AMENDED, REPLACES PREVIOUS) Standard Structural Engineering Billing Rates: DocuSign Envelope ID: 5F098D37-8900-4FCF-BCF2-961F48189FA5 Dear Mayor and Council Members: On behalf of City Manager Ed Shikada, please find below the staff responses to questions from Councilmember Tanaka regarding the Monday, May 22 Council Meeting consent agenda items. Item 6: Approve the Services Agreement between the City of Palo Alto and the Peninsula Corridor Joint Powers Board (Caltrain) for the Connecting Palo Alto Grade Separation Projects and Authorize the City Manager to Execute the Agreement; CEQA status – not a project. 1. The staff report states that the Services Agreement between Palo alto and Caltrain will cost $106,677 for Caltrain to provide technical input on the conceptual designs of rail grade separations. Could you provide a breakdown of how this money will be used to support the City in different ways, and what specific technical input will Caltrain provide with this money? Staff response: The scope of work entails the initial coordination and assessment of the preliminary conceptual plans prepared by the City for three crossings: Churchill Avenue, Meadow Drive, and Charleston Road. Presently, there are five alternatives being evaluated. Caltrain personnel will conduct a technical evaluation and offer feedback in accordance with Caltrain Planning and Design criteria as the City determines the preferred alternative(s). Caltrain is presently engaged in the development and updating of their standards as a result of corridor electrification. The early review will identify any potential impacts and take into account the specific Caltrain facilities in this initial project phase. The breakdown of costs can be found in Appendix B of the Service Agreement, which outlines various categories such as Project Delivery, Infrastructure Engineering, Planning, and Environmental considerations. 2. The report states that the funding for this work can be partially found in the Railroad Grade Separation and Safety Improvements project, and the other portion will be considered during the FY2024 budget process. In the case that the funding is not available in the FY2024 budget, how will the City move forward with the project and what will happen to the remaining funds? Staff response: The funding request for this scope is minimal considering the scope of the overall project. There is adequate funding allocated in the FY 23 and in the proposed FY 24 budget. Also, City plans to amend existing VTA agreement for reimbursement of these costs from Measure B Grade Separation funding. 3. Why is input from Caltrain needed now and not during the start of the Connecting Palo Alto Grade Separation Project, where specifics and technical input about the railroads could have been used by CAP and XCAP to do more research and develop proposed alternatives? Staff response: As Caltrain manages an operating railway, their input and consideration is valuable throughout every phase of the project. Although there was informal input during the XCAP and CAP review processes, the input received was limited due to the constrained staff resources at Caltrain. This agreement establishes a mechanism and process for the City and Caltrain to collaborate and conduct a formal review, allowing for a more comprehensive and structured evaluation. Item 7: Approval of Amendment No. 1 to Contract No. S20178516 with Hohbach-Lewin, Inc. to increase compensation by $10,000 and to extend the Contract Term through March 30, 2026 for On- Call Structural Engineering Services for various Public Art Installations; CEQA Status – Not a Project. 1. What specific projects will the additional money be used for, and how has the money previously been used- specific art installations, projects, etc? Staff response: Hohbach-Lewin has been instrumental in consulting the Public Art Program staff and project artists on a range of services (including proving input on artwork design to ensure compatibility and constructability for the desired location, and preparing calculations for public art projects for display purposes that are required by the City’s Public Works and Buildings Depts) for the implementation of temporary public art installations for a variety of projects, including King Artist-in-Residence program and the Code:ART public art festival installations. The past projects include: o Community Advice by Susan O’Malley (temporary installation on Embarcadero Road), o Arbor by Adam Marcus (temporary public art for King Plaza), o Paleoalto by Marpi Studio (temporary new media interactive installation for Code:ART 2021); o I See You, I Hear You, I Honor You by Rayos Magos (temporary public art installation for King Artist-In-Residence Program. Without the structural engineering services provided by Hohbach-Lewin none of these temporary public art project would have been possible due to their limited budgets. The Public Art Program staff relies on the services provided by Hohbach-Lewin, Inc to create impactful installations of high artistic value designed and fabricated to provide the safety and protection of the project, the general public, City staff, surrounding structures and elements due to wind, seismic, or other typical potential hazards. In the next three years, the Public Art Program will rely on the services by Hohbach-Lewin for the main art installation for Code:ART 2023, temporary public art installation for the ongoing King AIR artist; large scale digital projections event in downtown Palo Alto, and other temporary public art projects. 2. What are the rates of the company, and how does this compare with other companies in this area, since the rates were not included in the staff report? Staff response: Rates were provided as Exhibit C-1 to the staff report (packet page 68). These rates are competitive with other structural engineering firms in the Bay Area and beyond. 3. Why choose this company (which is specialized in architecture with art as a subset) rather than one focused on art installations? Staff response: Hohbach-Lewin has previous experience in consulting on the integration of temporary and permanent public art installations in buildings and public places. There is only a handful of structural engineering consultants across the US who specialize in art installations and public art. 4. Since we chose Hohbach-Lewin in 2020 because they were the only company to reach out to us during that time, is it an option to look at the rates of other companies further and then decide on the contract? Staff response: Since this is a very specialized area of expertise, Staff do not feel that going out to bid for another RFP would result in better or more efficient services. Public Art Program staff has an ongoing agreement with Hohbach-Lewin and an established working relationship with the engineering team who have in-depth understanding of both requirements for the design and placement of temporary public artworks as well as specific site requirements and restrictions. Adding funds to the existing contact would allow to the Public Art Program continue to implement its programming in the most time- and cost-effective manner.