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March 12, 1992
THE HONOAABLE CIT'f COUNCIL
Pale Alto, California
~lit2L"nia Avel1ue Parking structure, elf 19213 -Budge_t.... Ame_lJdment
Qrdinance. Resclutign of Reimbursement~~ltant Agreement
He~ers of the Council:
This report recommends that Council take the following 6-::tions
reqardinq the California Avenue parking Structure project:
• Adopt a Budget Amendment Ordinance to establish the pr~ject
and tund des~qn stage expenditures.
• Adopt;a ~esolution of Reimbursement dec!aring the City's
intent to be reimbur~ed for funds advanced for expenditures
inc~rred prior to the date of issuanc~ of bonds.
~ Approve an agrae~ent with International Parking Design, Inc.
for design stage enqinp?ring services~
Background
On December 2., 1991, Council directed staff to proce.ed w-ith the
r,ccessary steps leading to the constructior: of a single deck
parking structure on City parking lot No.3, located on Cambridge
Avenue in the Cal ifornia Avenue 5usin2ss District. The project
will be financed through the formation ot an assessment district
and sale of bonds (Attachment Al. Council also authorized staff to
negotiate an agree1!lent for phase II design serviCeS with the
consultant team of International Parking Design, Inc. and Wilbur
Smith and Associates. This team prepared the planning and
feasibility study for the parking st.ri.lcture as part of phase I
design services.
Die:cussign of Agreemei"l._~
Under the Professional Engin~ering Consultant Services Agreement
(Attachment B), the consultant 'Will be responsible for designing
the parking structure; assisting staff in obtaining design 5tage
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CKI<: 179; 92
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approv~l~; and preparifiq the final plans, specifications and cost
estimate for constru-:.:tion. The consultant "'ill also use this
information to prepare a Preli:min~,ry 'Engineer's Report/ ." .. 'li-:h is
needed to proceed with establishing the assessment district. A.fter
public input h8S been obtained, the consultant will assist staff in
seekinq construction bids for the parking structure; and the lowest
responsible bid will ~e used in determining actual ~5seS6ments in
the Final Engineer's Report. ,The contract for construction ~ill
n~t be awarded until after the assessment district is tormed.)
Following; is a summary of tas)-.s to be performe.d. by the consultant
in the design stage:
• preparation of a site soils report
• preparation of preliminary dra~ings
• preparation of an environmental assessment r~port
• assistance in public meeting presentations
• assistance in preparing an application to chanqe the project
site zoning to Planned Communjty
• assistance in obtaining Architectural Review Board, Planning
commission and Council plan approvals
• preparation of finel construction doc~ents {Did package) and
review of bids
• preparation of the Pr-eliminary Engineer's Report and Final
Enqineer's Report
Although the timing of a project of this magnitude may vary. it is
esti'mated 'that the desiqn stage tasks will be completf'la in 113
months as follows:
• preliminary design -4 montns
(site survey, soils report. ervironmental assess»ent and
pr:::::li.ina:"'~i ~ra""inqs)
• Planned community zone change - 5 months
(ARB, Planning Ccmmission, Council approvals)
• final constr".ctio!'l doc\llnents - 5 months
(detailed planE, specifications and engineer!s estiJDate for
bidding package)
• assessment district formation - 4 months
(assessment district formula review, community meetings,
putllic hearing J engineer' s repor~s, bid review, assessment
spread)
The agreement also identifies the estimateo consultant tasks and
costs during the ccnstruction 6t~ge, including construction
administration and observatio~. staff will s~ek Council approval
of these construction stage services, in an amendment to the
Professional Engineering Consultant Services 'greement, after
completion of the design stage. The construction stage is
e&timated to last approximately eight months.
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CKR: 179: 92
Piscussion of the Budget Amendment Qrdinanc~
The Budget Amandment Jrdinance (Attachment C) of $229,500 is needed
to provide funding for design staqe consultant and technic ... l
services. 'l''!3 consultan.t's total design fee of $190,500 is 14
per-::eT''t of the estImated $1,370,000 construction cost. This is
within the American Society of civil Engineers r standard fee
recommended r~nge of 10-15 pe~cent. The fee is in the upper end of
'the range, due to the inclusion of Planned Community zone change
and assessment district formation tasks Which are not normally part
of a design. The technical services will provide staff assistance
in such tas);s as making parcel map revisions necessary for the
slte. These services will be limited in Q.'.lration to not mere than
six weeks.
Follo~inq is a summary of expenditures anticipated in the design
stage:
• • • •
Totl" 1
consultant sarvices agreement
consultant agreement contingency
technical services assistance
bid package assembly/reproduction
Resolution of F;eip..bursement
$ 190,500
$ 29,000
$ 6,000
L_4~QQQ
$ 229,500
The Resolution of Reimbursement (Attachment D) is required due to
recent changes to the federBl tax law. By its adoption~ the city
declares its intent to seek. r'!."imbursement of expenditures which
will be incurred prior to the date of issuance of bonds. These up
front expenditures will include professional engineering services~
tecl"..1'Iical services assistance and bid package asse:nh1y /reproduction
in the design stage. It also covers possible pre-bond issuance
expenditures in the construction stage, including contract
construction as well as consult~nt construction administration and
observation. By adopting tbis resolution, CO'.lncil is not
committing itself either to the construction of this project or to
the issuance and sale of bonds.
Environme~tal Assessment
An environmental assessment ~ill be conducted as part of the design
stage of this project.
fUture Council Actions
staff :.rill return to Council ir. approximately nine months for
approval of the Planned community zone change. and pr-eliminary
design. staff will also request approval for th~ service~ of a
bond counsel firm and: financial advisory firm to assist in the
assessment district formation and bond sale. These services will
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be funded from the p~cceeds of the bond issuance. More detailed
information will be ,rrovided at that time on. thO! timing and steps
necessary to establish the assessment district and issue th~ bonds.
.R§.&ommendatioog
Staff recommends that Council:
L Adopt a Budget Amendment Ordinance to establish the California
Avenue Parkinq structure project, CIP 19213# and appro~riate
~2291S00 for the project to fund design stage s~rvices.
2. Aclopt a Resolution of Reimb\i.rsement declaring the city's
intent to be reimbursed for expenditures pri~r to the c·,ate of
issuance of bonds for the California Avenue Parking Struc~ure
project.
3. Approve and authorize the ¥.a~?or to execute the a't.tached
Consultant Aqreement ~ith International Parking D~sign, Inc.
in the amount of $190,500 for design stage services for the
California Avenue Parking structure project.
4. Authorize the City Manager or his designee to negotiate and
execute amendments for services related to the scope of work
or services, the total value of Ioro'hich a:m.endmer'cts shall not
ex("eed $29,000.
R2i:ll&;;::
GEORGE: BAGDON
Assistant Public Works Director
DAVID G. ADAMS
Director of Public Works
~~
W LLIAM ZANER
It.y Manager
Attachments:
cc: CAADA
CHR: 179: 92
A. CMR:437:91
B. Consultant Agreement
C. Budget Amendment Ordinance
D. Res~lution of Reimbursement
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october 3, 1991
HONORABLE CIT¥ COU~CIL
Palo Alto, California
~ttention: Finance coamittee
Members of the Council:
Att.achoent ~
This staff report ~~i-i~!f1e
sC!leduled for the Oct. 21
council meeting fer referral to I the Oct. 2? E·ind~~_e_corr-.. ~ittee!
Meetln9'"_
The purpose of this staff report is to propose that council direct
city staff to initiate the process that ~ill lead to the
construction of a parking structure and the formation of a parking
as~eS5ment district to fund such a project, on City parking Lot 3
on Cambridge Avenue in the California Avenue Bus inl?ss District.
Exhibit 1 illustrates the location of Lot 3 in relation to other
public pa~king lots.
parking studies, past and present, demonstrate a need for
additional parking in the California Avenu£! Busine:ss District, ..... ith
the most acute i!Tlbalance bet,ween supply and de-mand occ'urring in the
proximate area of City parking Lot 3. In additlon l the Califor~ia
AVenue Area DevelopmeJ"'.t District (CAADA) has consistently supperted
efforts to provide cdditional parking ~ithin the area.
In 1986, the City purchased a private parki~q ;~t (Keystone Lot)
adjacent to Lot 3 and converted it to public U5e~ The purchase of
the land 'Was funded through the forr.a.tion of a parking assessment
district. The assessment district also included funding for
temporary site improvements as well as the preparation of a parking
stru-=ture plan to determine ho ... best to provide an additional
increment of public parking within the california Avenue Business
District. The parking structure plan was to conside~ both the Lot
3/Keystone site along Cambridge .Avenue and the Lot 7 5i te along
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REVISED j"J'Oa 1990
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SheJ:"ttan Avenue.
The parking structure plat). study has now been completed and
includes a recommendation to proceed at the present time ~ith the
development of a single level above ground pa~king deck structure
on the existing City parking Lot 3. The next appropriate steps
include: (aJ the development of a detailed design ~ construction
drawings, bid documents; and a detailed cost estimate f:)r the
project, tollowed thereafter by (b} the formation of a ~ew parking
assessment district to lund the construction of the project. The
boundary of the new assessment district will lik~ly b~ the same as
the existing ass~ssment districts. }'ollo ...... ir.g fonr..ation. of a new
parking assessment district for t-..his purpose, actual censtructio!1
of the project would occu~.
Staff recommends that Council refer this report to the Finance
committee for revilR."'·, discussion and a reccn:.rnendation to the
Council~
llACKGROUlID
In the fall of 1985, Palo Alto initiated a t-w.'o phase process
('C:MR:S8J:5; October 31, 1985) for the, provision of a~ditic.nal
public parking in the Califo~nia Avenue Busin€ss District.
Phese I included: (a) the purchase of the private parking lot
(Keystone Lot) adj<3;cent to City parking Lot 3, (bJ temporary
improvements to allow it to be used as a public parking lot, (c}
formation of an assessment di~trict to fund the accuisition of the
property and the implementation cf tlle temporary Improvements, and
(d) the preparatioll of a parking structure plan that 'Would provide:
the information necessary for a decision ~hether or not to proceed
further with the construction of a parking structure.
Phase II was to follow cornpl~tion of the parking structure plan
(a~d acquisition of the Keystone parc~ls} and include the desig~
and construction of one or mere parking structures 'Wi thin the
California Avenue Business District as 'Well as the fo~ation of a
new parki~g assessment district to f":.l.tl.d the construction and
relate~ project costs.
The acquisition o:f the Keystone parcals was completed in 1986.
Temporary improvements were made at that time to incorporate the
use of these parcels for public parking as an extension to City
parkinq Lot 3. A new assessment district was .formed and bonds
were issued. to fund the 2.'_cqu.isition of the parcels~ the completion
of the temporary improvements and the preparation of a Parking
Structure Plan. Annual assessments are currently being made each
year to payoff the bonds. A consultant .... ·as hired in 1988 to
"""-paz-e -erie parking Structure Plan, the work for which has now been
OIR: 437: 91
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completed.
PARKING STRUCTURE PIN!
This section of ~~2 ~tatf report presents tne summary of
Conclusions and R, ..; ..... '..Alendations trom the California Avenue Par1ci!'.g
Structure Plan R.~~ct# prepared for the City ot Palo Alto by the
consulting firm. of Wilber S'mith. 1I.ssociates in a.ssociation TJith twc
other firms, International Parking Design and Angus McDonald
Associates~ A copy of the complete final report is atta~hed and is
also available from the city of Palo Alto, Transportation Pivision,
6th floor, civic Cente~.
The purpose of the study 'Was to inv..: ..;tigate the overall feasibility
of the development of a ~arkin9 6trlcture on one or both of two
sites located '\lIithin the California A'~'c'llJe Business Dis'trict. The
study in::luded: (1) an analY$is of parking dern;>lnd and s.upply. (2)
evaluation of alternatlve de~igns for each site: (3) assessment of
related impacts, and (4) analysis of r;;osts to design, construct and
finance a project~ Conclusions and recommendations from the study
include the following:
o Based upon field surveys. public parking supply in tt.e study
areas is approximately 1221 parking spaces~ with peak
occupancy reaching 91 percent overall and 97 percent for the
area north of California Aver:ue, during the peak period
(hOU1).. Peak parKing demand, inclusive of present intrusion
into adj acent n'!ighbo:::-hood areas, is approximately 1,357
vehicles~ with a resultant deficit ot 1JS parking spaces
(assuming a 100 percent peak occup~ncy rate).
o Based upon a more realistic: ar.d desirable effective car"lcity
of 90 percent, the eAisting parking deficit is 258 parking
spaces.
o The existing public parking deficit is most pronounced
(approximately 75 percent of tota.l) in the area north of
california Ave!i1..:.e and to a lesser ~egree (:as percent of
total) in the area south of Califor-nia ~~venue.
o Eight parking design layout optians ~ere evaluated for two
different sites. One location (Site A) is the existing Lot
3 north of California Avenue, and the 0~her location (Site
B) is the existing Lot 7 south cf California ],venue. Ta~le
S-l c01%!pares the eight opt,ions qualitatively_
o The parki~ design layout options reflect a ranqe of added
spaces (67 to 137); a range cf costs ($1.5 to 2.3 million)
fer-design, construction ~nd financing; and a range of
annual assess1'Clents ($.149, '000 to '$221,000). Tab~e $-2
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COMPARISON OF PARKING STRUCTlJRE ALTERNATIVES
Calilomia A."nue ".rking Slruc1ur. Plan
Srr:;CONCEPT
CAMBRIDGE sm; !LOT 3\
A1: Center RllmplSfopll19 floel
Entrance and' exit cj of Carnbridg€
Avenue. Sloping deck en the aJ)ey side,
\e\!ell~ 00 the othef sides.
fa; Spill Lev>1
One bay near aney depressed 5' below
grade. Two 2-wtry' ddv£"'oiIoCl)lS on of
Ca.71bridge Avem.:e.
.A3: Cfn;ufar End Rllmp$
Level facade .on an sides with internal
drille-up ram;l-T .... o 2-way d.;...._~'O:; C'~'!
of Cambrio'Qe Avenue.
SHERMAN S!DE Ib.O~ 7l
B 'J; Srupfng Floor
Entrances cn '''ISh and Slrct',. Ramp on
~ney side. 'Leve! facade along Sl1erman:.
82:: Ce!11.,r RamplSioplng FllXlf
EntJallCes :')n Ash and Sherman. One
way traffic "ow, angle par!;:fng.
Bl; Center Ramptsloplng Flttor
Erttrance-s on Ash and e if C!'t. Angle
parking.
84: Center .F1amp/Sloplng fl.oo,.
Enlrances on Ash and Sherman One-
way traffiC flow, angle parktng.
85: Center RemplSloplng FWOf
Enlfances 011 Ash & snerrl'"\.4rt, and exrrs
off of BirCh 8. Snerman OM-Wa.y tJafhc
flow, angle pai1<.ing,
POSITIVE ATTRlaUTES
Greatest Space 'tieid
Limited In/Oil!. ConfliC1S
Cornit'luous Search
Least Cost Per Stan
Good Space Y1e\d
Cont:nuous SearC!1
Both Orive" ..... ay.!ii Two-way
Ccntinu:)us Search
Greatest Space 'Yield
\.owest CC~1/Stan
Access from Ash & Birch
Both Driveways T wQ-way
Access fTom Ash & St1em-.an
Continuous Search
Angle Parirling
Low Profile
Room 10r landscaping
Both Ctt;eways Two->Ne:.y
Conlinuol.!S Search
A. ... gre P arid n:g
Room for L..anOsCapiilg
Access rrom Ash & S(Jerman
Conlinuous Search
AngJe Patkmg
Room for tandscapirl9
Rcom fer L.andsc.aping
N 0 Olilad""":!~ Circu laljon
Angli! Parf(ing
N.J Street CircurCition Reqpired
COr1!ifluaus Search
Low Cost/Slarl
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NEGATIVE ATTRJBUTES
H.eight of ApprCl(. 18 feet
N<:J Hoom for Lar1c!5caping
Oec\s(::m PC(nt at ent:y
Possible fn/Out Confricts
No Roan: for Landscapiilg
leas! Space Yield
Highest Co$'< Per S,ari
NU Rt.iurn ior lar.dscaplng
'opad-end Circula.tion
De':is:on at Ast-, Er;trance
S:~ee: ClrcOJTation Req u ir~d
90 Degre'5! Parl-:ing
l-!lgh Profile
No Room '0{ l.zndscaprng
One Way tn {Ash)fOI.rt (Birch}
Forced Turn at Ash Entrance
lea5t Spac~ Yiefd
High Cost/Addeo' Sloan
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st':mnarizes the physical and cost attributes or the. eight
options.
o Probable environmental effect5-include: (a) increased street
traffic in the imme.diate vicinity of the. parking structure,
(:0) better-accommoda.tion of parking demand 'With reduced
parking intrusion into adjac.ent residential neighborhoods#
(c) aisplacement of existing parking during con~tructicn of
the project, (d) pedestrian and bicycle circulation, (a)
noise and sir quali~y and (f) visual. None of these effects
were found to be significant and ~tafi does not anticipate
that an Environmental Impact Report will be required.
o Tha r~comDended plan is to proceed~ at the present time,
with the developwent of a single leve~ above qro~~d ~arkinq
deck structure (similar to option l) on the existing City
Parking Lot .3 (Site A).
o The recommende~ plan is expected to yield up to 98
addition'al parking spaces at a cost of approxi:rnately $1,31
'Uillion or $1.3 ,900 per added parking space. With the
formation of an asse~sment district to finance the project,
the total project cost {inclusive of financing costs} is
approximately $1..54 million or $15,700 l-'er added parking
space.
o The total anm~al assessment (at 7,50 per-cent:-20 years) is
estimated to he approximately $152,000 per year with
individual annual assessments averaging $0.22 per building
square foot (l."anqe $0. OJ to $0. gO). For comparison; the
C1.:rrent total annual assessment for the ~'J.rchase of the
Keystone Lot is approximately $132,000.
staff supports these conclUsions as ~ell as the recommendation to
proceed with the design and construction of a single level above
ground parking deck str~cture (similar to Option 1) on the existing
City Parkin; Lot .3 (Site Al and the fonoation of a ne_' parking
assessment district to finance project costs. The CAADA Boara of
Director~ has also expressed their interest and support in
proceeding with these r<::co!l\]Tjendations, A recent letter expressing
the view of the CAADA board is included as Attachment 1~
Three topics that 'Warrant a!!ditional comment, ho.ever, relate to
costs, landscaping and zonir.1:1~ The preliminary cost estimate,
prepared by the consultants, reflects their ~;~tessional judgement
and experience based upon their preliwinary understanding of the
project and represents a cost fer which a parking structure could
be provided under average conditions. The special review and
design considerations t~~t typify Palo Alto proj2cts. as ~ell as
unk.":Iolllll site conditions, are tt1.ore likely to result in higher rather
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than lower final costs.
As the study report points out, a common constraint for any of the
structure alternatives on Lot 3 (Site A), is the depth of the site
'Which is minimall.y sUfficient for necessary parking layouts but
lacks adequate space for landscaping along the Cambridge frontage.
Parti6l landscaping integrated into the design of the facili~y may
be possible. Also, the use of uni-size st",alls, 'With their
associated narrower aisle wicith s may provide some opportunity for
landscaping. Further detailed design ~ork 'Will n~ed to aodress
this issue.
Finally, Lot 3 is currently ~oned as FF (Public Facility). ~~ile
parking is a p.ermitt.ed use, the current :PF zoning-imposes se'''ere
restrictions ~n terms cf setback requirements and allo~able
buildable area that render the development of an efficient parking
structure on that site to be i~practical. In order to develop the
proposed parking deck structure, the staff ~ill be reco~ending
that the sit.e be rezoned to Planned Community Distri:::-t (PC)
designatian~
GENERAL COMMENTS
A Project Review Committee, co~prised of representatives from the
California Avenue Business District, the Palo Alto P'anning
COD'U!1ission olond various affected City d.epartm~nts, ~et periodically
throughout the Phase r work to review and comment on the work of
the consultant. In additions the Planning Commission and the
Architectural heview Board were asked to make. a preliminary review
of the Phase I vork.
Summary comments include:
o Support for the provision of additional parking
o Support £or site A (Lot J) as the first priority location
o .support for a design ccmcept similar to Option 1
o Interest in r.aving a cost efficient, loW' lr,air..tenance. simple
but visually pleasing facility that is easy for people tc
use.
o Concern that the struct:.lre be 'Well designad
detailing, landscaping, lighting (daytime
signing, pedestrian and vehicular circulation
within the existing urban context. .
in terms of
and nigj~t),
and fit "Well
o Concern regarding the financial impact of a new parking
assessment ~n property ovners and renants
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l o Concern about
neighborhoods
:ruagnitude
NEXT STEPS
e}o::isting paricing in~cusion j nto the adj .::lcent
an.d interest in measures that would reduce its
with the completion of the p~rkinq structure Plan, Phas~ I of the
two phase process for the p:r:ovision of additional public parking in
the Calirornia AVenue Business District has been completed.
Procedurally, Phase II is comprised of three sequential parts.
Part CA) is the preparation of bid documents n~cessary to build a
project, including deta.iled engineering' design and constnoctiGn
dra~ings, a detailed enqin~er's cost estimate, general requirements
and technical specifications, and other related bid_ documents.
Part (8) is the process of .fl'n"1lling an asse.ssment district to
finance the project. Part (e) is the actual physical construction
of the p:!"oj ect ~
Pha3e II. Part CA)
Phase IICA) would require that the city retain the services of
a qualified team of consultants to develop the detailed
engineering design and construction dra ...... ings., detailed
e~qineerls cost estimate, specifications and requirements, and
ot:her related technical -3.nd legal docwnents necessary t~
advertise and award a contract to construct a epecific project.
The development of such docwnents 'Would include. the review and
~ecessary approvals by the City, including the Planning
commission., tne Architectural Review Board, yarious affected
city departments, and the ~ouncil, as ~ell as public
informat:ion maetings for property o'Wners, tenants and
neighborhooe residents.
In 1988, the Request For pro~~sals and the consultant
evaluation and selection process yere set up in such a ~ay as
to solicit, evaluate I 2'.nd select .firms based upon their
capability t~ provide necessary services for both Phase I and
Phase II (CMR:397:B; August 4, 1988; page 2). This ~as done to
ensure continuity and consistency between t.'1e planning ana
feasibility 'Work and poss~ble subsequent de~ig~ and
consi:.ruction work~ It 'Was also done loti th the understanding that
it (and only if) council makes an affirmative decision to
proceed with Phase II work, ana: s'J.bject to the eliscr-etian of
the City's project manager regarding the quality of the ~crk
performed and continued sUitability of the selected firm, the
consultant selected for Phase I would be invited to negotiate
for Phase II work {w}.tho:.:t going through another'" consultant
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selection process). If staff was unable to successfully
negotia~e a satisfact~ry contract for Phase II work, a general
solicitation to other consultants I consi~tent with the cityt~
established consult~nt selection procedures, would occur. In
any event, a final design contract for Phase II would go to the
council for their approval.
Staff is satisfied .. lI'ith the Phase I work done by the
cO:1sultants, believes thac. they would be suit,able for the Pha5e
II work, and proposes to pursue negotiatlons 'With them for the
Phase II work, if the Council makes an affirmative decision to
proceed ~i~ Phase II. One change that was discussed at the
time of the original contract. and still seems relevant, is the
possible exchange of roles between WilbE'.r smith Associates aO'Jd
International Parking Design. The initial contract for the
Phase I ~ork was between the City ana Wilber Smith Associates,
wi~~ International Parking Design as a supporting team member
(sub-consultant) ~ With t1':.e strength of loalbe:r Smith Associates
beinq primarily in planning and feasibility of parking
stru;;:tures and the strength of rntel'national Parking DEsign
being in the detailed design of parking 5truct~re5, thi~ ~as a
desir-able and appropriate arrangement for the Phase I work.
GiVen the nature of the Phase II ~orkl a contract between the
City and International parking Design, .... ith wilber smith
Associates as a supporting team mernb~r, is likely to be a more
suitable arranqement~
Phase II. Part (B)
Phase II,B}, the process of forming a new assessment district
to finance a project, includes the following procedural steps:
o Preparation of an Eng-ineer's Report (based directly upon the
plans, specifications and cost estimate fer a specific
project, forthcoming from Part A of Pbase Ill.
o Council action. on resolutior-s making cert.ain prel i:ninary
determinations, "Jiving !,)relirninary approval of the
Engineer's Report and setting a time ~er e public hearing
~or protests.
o Public hearing noticing process.
o Council public hearinq.
o council action on resolutions making certain findings and
determinations, overruling pretests, adopting the. Engineer's
Report and ordering the ~ork to be accomplished.
AttachIcent 2 provides a description of the procedural steps
CMR: 431: 91
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leading to the formation of an assessment distt'ict for the
purpose of funding the construction ot a poark:ing deck s;tructure
on City P(".rking Lot J in the California Avenue Business
Distri-::t.
Fhase II (BJ would. require that the City also retain th2 services of
a bond counsel firm and a financial advisory firm: to assist staff
with the legal and procedural $teps r~lated to the formation 01 an
assess~ent di~trict and the preparation and sale of bonds.
Also, as part of Phase II(B)~ it will be necessary to e$ta~lish
the legal boundaries of tne ne.w assessment. district ar.d a
proceedings formula to be used to determine the annual
assessments upon the real property vithin the assessment
district~ This will be reviewed and considered at the time of
the preparation of the Bngineer-s Repcrt~ but at the present
time, staff anticipates that the assessment district boundary
and proceedings fonnula would be the same a<; "':.:h3t used in
conjunction .. ith the formation of the asse_ss:nent district for
the-purchase of the Keystone Lot in 196-6.
Phase II." Part (C)
Phase rr(e) involves the issuance and sale of bonds to raise
the necessary funds to pay ~or the proj ect and the actual
cor.struction of the parking facility. The construction ..... ar'k
",-ill. involve .advertisement and a~ ... ard of a construction contract
and related ite~s necessary to construct., manage, and finance
the project.
FUNDING
The Phase. I work 'Was co-mpleted as part of elP proj-ect e7~<ll# at a
cost o~ $44,000 with the source :Jf fUl1ds being {a) $42,000 from
bond proceeds related to the acquisition of the ~eystone Lot (elP
86-19), and (b) $2 /000 from the Arabian Horse "World mitigation
account (CMR~t77:9; o~toper 13 , 1988; Page 3) ~
The portion of Phase II work that requires funding, prior to the
availability of funds from the formation of a ne~ parking
assessment district and the sale of bends, is the consultant
services related to the preparat ion of engineering design and
const~ction drawings, cost estimate, specifications, related bid
dOcUlnents, and design re .... ie·. cocrdinaticn [Phase II (A») .
Approximately $ 20",000 (subject to Change upon tinal contract
negotiations) is required for this purpo$e~
These consultant design services are a necessary precursor to a
final decision regarding the formation of an assessment district~
Therefore, funds to accomplish these tasks must originally be
advanced from non-assessment district sources~ If a new ass~ssment
district is successfully formed, proceeds from the bond sale can be
CMR: 431: 91
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used to reimburse such monies advanced from other sources. If an
assessment district is not eVE>ntua!ly formed, such costs 'Would riot
be reimbursed to the City.
Sthff recommends that the source of funding f~r the consultant
design servicas, required to be pe~formed prior tc the decision to
torm an assessment district i be as follows: (a} the first $58,000
to come ~rom the remaL".inq balance in the Arabian Horse Worlt;l
mitigation fUnds ffor ~arkinq improvement9 in the California Avenue
Parking Assessment ~istrict} and (b) the remaining amount to be a
General Fund expenditure · .... ith reimbursement, of such costs to the
General Fund from the anticipated new parking assessment district,
~hen and at such time that a new parking assessment district is
formed and bonds are sold. This 'Would require a budget amer.drJ.ent
.;)ralnance. · ... hich staff \,rill prepare :for council approval I at an
appropriate futUre date~
Also, recent tax law no .... requires that, "rhen a city intends to use
the proceeds from an anticipated future bond sale for reimbllrse~ent
of some c~rrent expen~e (prior to the bond issue), the council is
re~~ired to pass a resolution of Intent To ISEue Bonds I prior to
the expenditure of any such funds. Staff 'Will prepare the
necessary resolution for Council adoption prior to award of the
Consultant contract.
The costs related to serv':"ces of a bond counsel firm and a
financial ~dvisory firm as ~el1 as ~ctual project const~ction and
construction mansgeIllf.:nt, are in addition to Ulose identified above.
They will be incurred only after the actual formation of a new
a~sessment district, ~nd they ~ill b~ fully funded by proceeds fro~
the sale of bonds.
f'!!llhlC MEETING
On August 21, 1991, a public meeting 'Was held at the Wesley United
Methodist Church for the purpose of sharing information about the
study findings anQ recommendations, receive comme~ts on the study
and. respond to questio;lS.
A meeting notice ",'as sent to approximately 300 property o\mers and
tenant-5, CAADA and neighborhood representatives. i\ copy ot the
meeting noti-=e is included as A.ttachment 3. A total of eight
persons, in addition to staff, attended the meeting five
represented property owners and three were residents from adjacent
neighborhcvds. .
rssues l concerns and questions that lJere raisad and discussed
incltJdp1.~
o How proposed project assessment __ ill affect and/or limit i:::Lny
future additional parking in the area.
o Ho.., well the businesses/o .... ners could handle the proposed
CMR: 437: 91
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Page 9
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additional assessment and/or other future assessme~t5.
o What form~la would be used to spreaj the total assessment
among the prop;::rty or,,71ers ~
o Residents expressed opposition to any new parking structure
along Shennan l'md questioned need for any ne ..... parking versus
similar investment in alternative travel modes~
o What consideration was qiv~n to the Caltrain parking lot at
the end of california Avenl.,;e and the county facility parking
lot along Sherman~
o Concern about construction
Birch Street and interest
c,ompleted structure i:tway
possible,
related trur.k traffic not using
in directing traffic from the
from Birch street as much as
OVerall, the par.:icipants seened to express general support for the
proposal to provide additional parking on Lot 3 ar.d appreciation
for the opportunity to learn ~ore about it and make comments.
EN'IIRONMENTAL ASSESSMENT
An environmental assessment will be prepared prior to the revie~
and approval of a parkinq facility project.
RECOMMENDATION
sta~f recomcends that Council:
1. Approve, in principal, and direct staff to proceed with the
necessary steps leading to, the construction of a single
level parking deck stru~ture and the formativn o~ a parking
assessment district to fund such a project, on city parkin;
Lot J, on cambridge ~venue, in the California Avenue
Business District, and
2~ AuthoriZe negotiation of a Phase II design contract with the
consul tant team utilized in Phase I and, if unable to
successfully negotiate a satisfactory Phase II design
contract, pursue a general solicitation of other
consultants, consistent 'With the City;s established
consultant selection procedures.
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Future Additional steps ~ill include:
a.
b.
It. resolution expres~ing the Council's intent to use the
proceeds from an anticipated future bond sale l fer
reimbursement of Phase II design consul tant seJ:Vices related
to the development and funding of the parking structure and
incurred prior to the bond sale,
A budget ame.ndment ordinance to provide funding for the
Phase II design consultant services, ~i th the source of
tund~ being: (a) $S9, ODD from the Arabian Horse World
mitigation account and (b} the rel:laining amount from the
General Fund with the understandin~ that the General Fund is
to be reimbur-sed f.rom tl":e proceeds of a bond sale, subject
to the fo~tion of a new parking assessment district,
c. Award ot a Phase II design ccntract for prepar",tion of
detailed engineering design and construction drawings, a
Qet~iled engineer's estimate, general re~~ire~ents a~d
technical specifications, and other related bid documents.
d. The services of bond counsel firm and financial advisory
fi~, to be funded from the proceeds of the bond sale,
e. Formation of a new parking asse5s~ent district,
f. Sale of bonds, and
g. construction of the parking deck struct~re.
staft further recommends that Council refer this statt report to
the Finance Committee for ~eviey, discussion and a recommendation
to the Council.
Re5pectfully submitted,
0\1.( ---~~ 70-J" r>J,
HARVIN L. OVERWAY
Chip-f Transportation Official
Assistant City Manager
CHR: 437:91
/GNwA ;f<-ddtuj:;p
KENNETH R. SCHREIBER
Director of Planning and
Community Envirorunent
lO/l/n
Page 1~
Attachments:
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1. Letter of from CAADA Board of ~irectors
2~ Procedural steps For The Fcroation Of A Parking
Assessment District
~ August 211 1991 Public Meeting Notice
4. california Avenue Parking structure Plan _
Recommend Plan
CC! Palo Alt~ Planning Commission
Architectural ~eview Beard
CA.r.DA
David Schrom, Evergreen Park Neighb~rhood Association
Paul Kahn, Grant Avenue Condominium Owners Association 3~~icc Pl~zz~~, Fa~k Central Commercial Cond~~inium Association
Persons attendinq August 21, 1991 public meeting
CMR: 437:91
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CAlIFOIINIA AVENUE AREA DMlOPM=Nl ASSOCIATION RO BOX tilSS3 P.",LO AlTO. CACIFORNIA Q430e,
Telephone .15/322·300:
~r. Marvin Overway
Cit~ of Paln 41t~
250 Hamilton Avenue
Palo Alto, CA 94301
September 11, 1991
Dear Mr. Overway.
Tbe CAADA Board of Directors recognizes the Deed for
new parking facilities in the California l!.\leuue
Business District and tbe recommendation to proceed
wi to thp constr'llcti(ln of a parking structure ar;;d
SUPpOTt~ formation of a parki~g assessment district
to fund such a project ~n City Parking Lot 3 along
Cambridge Avenu~.
Thank you fnr your work in this matter and please let
us kDow .... beo we ca.n be of fUrtber assistance.
~~ours truly.
, ?,f'
PROCEDURAL STEPS
REGARDING
FO~~TION OF AN ASSESSMENT DISTRICT
FOR THE PURPOSE OP FUNCING
THE CO';STRUCTION OF A PARX!NG STRUCTURE DECK
ON CITY PARKING LOT 3
IN THE O.LlFO:RN!A AVENUE BUSINESS DISTRICT.
1. Preparation of Enaineer's Report including:
a. A PROJECT DESC'i<.IMION based up-':ln detailed enqineerinq
design and construction drawings and inclusive of othe~
non-construction, project related costs.
b~ A COST ESTIMATE basen upon a de~ailed engineer's estimate
for the design and construction of the project plus other
!'!,=,!'::-ccr;.z~4.:..c"'~iun relat.ed costs.
c. PLANS AND SPECIFICATIONS including final enqineering
design and construction dra..,ir,gs , bid do.-;wnents and
engineer's estimate for the project.
d. A DESCRIPTION OF D1STRICT which includes a legal
description ~f the boundary line to the proposed
assessment district as well as a map showing the location
.:Jf the boundary line and. each individual parce.l by n'\J.mber
within the district boundary.
e~ An explanation of t.he METHOD OF ASSESSMENT wher-ein the
proc'S:edings fonnula to be used for determining the annual
apportiunment of benefits in the levy of annual
assessments upon real property within the proposed
assessment district is ~escribed~
L An ASSESSMENT ROLE indicating an estimated average an..'"'l.ual
assessment for each parcel Yithin the proposed parking
assessment district.
2. council act;;; on t'k.'O reso~tions
a. RESCWTION OF PRELIMINARY DETERMINATION AI'm OF INl'ENTIOtl
TO MAKE IMPRoVEM£NTS -resolution declares that Council
preliminarily determines that the public interest,
convenience and neceEsity require, and the council
inter.as to order, tbe improveme.nts described therein to
~e financed by asse$sments within a described district~
The project will include the design and construction of
a parking structcre deck on City parking Lot 3 in the
California Avenue Business District~
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RESOLUTION PRELIMINARILY APPROVING ENGINEER'S REPORT I
APPOINTING TIME AND PLACE OF HEARING PROTESTS AND
DIRECTING l'10TICE THEREOF, AND DESCRIBING PROPOSED
BOUNDARIES OF ASSESSMENT DISTRICT A."W DIRECTING FILING OF
BOUNDARY' Y.AP -resolution preliminarily approves the
Er..qinc.c.rt Si Rp.port, establlshe50 a time ami place for a
public hearing. directs staff to pr~eed -with proper
hearing noticing, and describes the specific boundaries
for the proposed parking assessment district.
3. Pub) ic hear ina noticing process
a. A formal legal MNotice of Improvem~ntW is sent by first
class mail to all property owners with the prolAJse,;!
district.
b. A fo~al "Notice of Improvement-is published once a week
tor at least two weeks in the Penil"'.sula. 'rimes Tr-U-p.lne and
the Palo Alto Weekly.
c. A formal "Notice of Improvements" is posted at numerous
locations throughout the propcsed di~trict.
a. A advisory notice is hand-delivered to all tenants and
other occupants within the proposed district~
e. An informal public information meeting is halQ by staff
at least on9 ~eek prior to the Council public hearing.
Notice of the public information meeting is sent to all
property owners, tenants and other occupant5~
4. council public hea~ing
a. All persons wishing to be heard should have the
opportunity to 9peak. at the public hearing:. Ho ... ·ever,
Section 13.02.010 ot the Palo Alto Municipal code
specifies that protests are to be in writing, and the
rig-bt to :;rotest and have such protest counted toward a
pos5i~le majo~ity protest comes only from property
ownership. Therefore, written protests from others than
those owning real property should not be counted toward
a possible majority protest.
5. Council acts on three resolutioD~
a. RESOLUTION FINDING AND DETERMINING 'THAT THE PUBLIC
CON"vE'NIENCE AND NECESSITY REQUIRE PROPOSED IMPROVEMENTS -
resolution formally establishes th~t the project is in
the public interest and is required, and is ba.sed upon an
identified set of considp.rations.
0.
c.
RESOLUTION OVERRULING PROTESTS -resolution establishes
e.ither (i) 1:hat protest.s bj~ the owners of ~ore than half
the area to be assessed have not been duly tiled or (ii)
tha'C a MAjority prote:::;t has been dl.'!.ly files, and tbe
Council act9 to overrule said protest.
RESOLUTION ADOPTING ENGINEER'S REPORT AND ORDERING THE
WORK TO BE ACCOMPLISHED -resolution gives final approval
to the Engineer's Report, orders that the project :be
con5tructed and rel~t~d work completed. and egtablishes
tha assessme~ts.
6. Subsequent steps includ~:
a. Bonds are issued to raise the necessary funds.
b. Annual ~ssessments are sent to property o~ers.
c. Contractor is hired to construct the project.
d. Construction project is begun and fully completed.
e. Parking structure is opened for public use~
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(lhl of 1'010 'fWo " AITACfl..MENT 3
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PUBLIC MEETING NOTICE
Discussion of the California Avenue
Park;no Structure P~an
DATE: Augu$l21,1991
TIME: 7:00 p,m.
LOCATION: Wesley United Methodist Cnureh,
463 College Avenue Pale> Alto
BACKGRQUND
Fol!owing t'1e purchase of the Ke ,stone Lot and its consolidation with Lot 3 on
Cambridge AverilJe. the City retained Wilbur Smith Associates (\VSA), a consLirtfng firm.
to conduct the Caltfornia Avenue Parking Structure Study. The purpose cf tn e study was
to develop the necessary information for the CIty CDunc~ to consider w!1ether to proceed
with construc'jon of a parking struc!ure(s) on LOI 3 andlor possibly 00 ~ol 7 (on Sherman
Avenue).
WSA held 'rts first pub"c meeting in January 1989 10 seek public input at the, very
beginning of the study. Based on the input received in that meeUng and wOiking Ih'ith
representatives Df the Cafffornia .'~venue .b,.rea Developme"t Association (CAADA) and City
stall, WSA has completed the Parking Structure Plan Study, Copies of the study are
ava~abla in the Transportaf!on Divis'lon, Sixth Ftoor. City HaIl, 250 Ham~lton Avenue.
Palo Alto,
PURPOS~ OF THE MEETING
1. To discuss the study nndings ar<d recommendat~ons
2. To discuss th~ next steps:
• FIf13nCe Committee review, dis.cussion and recommendation
to the C'rty Counc~,
• City Council decision on whether to proceed wrth construction
of the parking structure(s),
• Preparation 01 de~aned design plans and bid documents,
• Formation of a new parking assessment district to finance
the desjgn and construction of the new parking structure(s}.
F'Jr further informalion ple3se call Asho'K Aggarwal at 329·2575,
'.
("\ Attachment 8
A G REEK LILt
PR07ESBIONAL ENGINE8RING CONSULTANT SERVICES
BETWEZN THE CITY OF PALO ALTO J.N!)
INTERNAT~ONAL P~ZNG DESIGN, INC.
FO~ OESIGN OF CALIPORHIA AVEYUE
PAR~ING STRUCTURE CIP • ~'213
This Agreement for Professional Engineering Consultant
Services (~Agreement~) is made and entered into tnis ______ day of
, 1992, by and between the City of Palo Alto, a
Ca"l'.'· "'f::o"r"n:-l'" a:-:m"'un::::'i::c"i"p:-.::Cl C Q rpo rat i on (~C i tytl) and Int erna t ional Pa rkinq
I)esign" Inc. (Taxpayer Identification No. 95-2696753), a California
corporation, with offices at 605 -20th Street J Oakland, CA 94612
,"Consultant lt ) •
WIT N ! S BET J~:
WHEREAS, city desires certain professional engineering
consu~tant services for the design of a public parking garage on
City's Par-king Lot lJo. 3 on Camb;-idge Avenue situated in the
California Avenue Business District; and
l'r"HEREAS, city desires to engage Consultant to provide
these services by reason of its qualifications and experience in
performing such services and Consultant has offered to provide the
services on the terms and conditions and in the manner set forth
herein:
NOW, THE!U:FCRE, in consideration of the covenants, t~r1llS
ar.,j conditions of this Agreement, the parties agree:
SECTI':)N 1 -DEF'INITIONS
The definitions used herein are inGoLporated b)~ referer.ce
ana attached hereto as Exhipit nE~.
~ECTION 2 -PROJEC'T COORD_INATJJ2_H
2.1 city
Tl-e City Manager ,iill be the representative of City for
a~~ purposes under this Agreement. Patrick Stone is desiqnated as
the Project :Manager !::.r the City Manager and he shall supE __ "Vise the
progress and execu~ion of this Agreement. He shall be assisted by
Roland Ekstrand, the Proj'3ct Engineer. Any otber person may !)e
designated ~s the Project Mana~er or the Project Engineer by the
City Manager from time to time.
2.2 Consul tant
consultant shall assign one project Director, one Project
Manager and one project Architect to exercise overall responsibili-
1
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ty for the progress and execution of this Agreement for Consultant.
Pili.p Nand'Wanna is "es.ignated as t.he Project Director. Lee Szromba
is designated ~s the project Manager for Consultant. Oominador C.
soliven, Jr. shall be assjgned as the Prv;ec't Architect for
C' .. .meul tant and shall represent consul tarot during the day-to-da:,+
",ork on the project. Should circumstances or conditions subseq'.lent
to the execution of this Agreement require: a $ubsti tute Project
Director, Project Manager or project Architect far any reas~~. the
appointment of a new Project Director, project Manager or Froject
Architect, or any two or all of them, shall be subject to the prior
written approval of the City's Project Manager acting in his sole
and complete discretion.
SEC"I'ION '3 -SCOPE OF PRDJEC"'J;.
Consultant shall design a single-level abov'3 ground
parking deck structure ("Garage") en City's Parking Lot No. J on
Catabridge Avenue in the California ~venue Bus .... ness Oist:rict of the
city of Palo Alto for City. The stru~tural design duties are more
fully set forth in Section 4.1 and in Exhibit ~A".
City reserves the right to require Consultant t~ provide
additio~al services relative to the monitoring of the administra
tion and manag(1ment of the construct ion of the Garage on city' s
behalf, which s~rvices are generally describ~d in Section 4.2.
SECTI~ DUTIES OF CO"sJLLT"'N~
4.1 Basic Services (Design S~agel
Consultant·s Basic Services (Oesign Stage) shall cons~st
of the rendering of design engineering services ("Design 'Stage
Services") fo~ the development of detailed design engineering and
c\jnstl'Uction Drawings of a lSB-po.rking space ;;ingle-level above
ground Garage. These Design stage Services shall be p~rformed over
four phases of Work, as fellOWS:
(a) preliminary Design Phase;
(b) Planned COmnlunity (ttPC n ) Zone Change Phase;
(e) Final Design/Construction Documents Phase; and
Cd) Assessment District Phase.
Consultant shall perform the Basic services (Design stage) under
these four phases in the customary and usual manner in 'Which
qualified profession~15 in the field of architecture, civil,
structural, traffic, soils, electrical and mechanical engineering,
environmental planning, landscape architecture, and irrigation and
economic consulting, as applicable, render their professional
se:;:-vices.
4.1.1 Prel imin.ary Desj,_:;LIlm Phase
(a) Consultant shall attend an initial
confer-ence with City statf in Pa 1:1 Al to called by the Project
Manager at a time and of a duration to b~ established by the
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920:U l 'l'll OC70166
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projact Manager, as described in Exhibit "AW, to diacuss city's
conceptual plan fer ~h~ Garage, ascert~in the requirements of the
Project, develop alter~ative approaches to design and construction
o~ the Project, as requested, and devel.op an overall understanding
of City's goals reqarding the Garage.
(b) Consultant shall prepare and submit
to the: Project M3nager fiye (5) copies of the soils report,. three
(3) copies of the schematic design/design develcpmsnt documents
designated as the preliminary design packilgE: and five (5) environ
mental assessment reports, and any other necessa~ data to det~r
mine, fix and desc~ibe the size and charact~r ot the entire Project
as to arc.hitectural, mechanical, electrical and stl1.l.ctural systems,
materials and such other items as may be deemed appropriate by City
staff ..
(C) Consultant shall attend a m~ximu~ of
two (2) additional meetings ~ith City staff call~d by the Project
Manager at times and of a duration as E!stabl ished by him to
consider and resolve any and all conce~ns expressed in the ~ritten
ccmment$ and oral communications of City staff: includlnq comments
and communications about adjustments to t~e Project~
(d) Consultant shall submit to the
Pr-oj ect Engineer two {:2J copies of each of the calculations,
sketches, diagrams, computer printouts, and other documents used to
estimate quantities of mate~ials and cost5 thereof (in the form of
a Statement-of Probo!1ble Construction Costs), calculate the detailed
design engineering requirements, and illustrate the scale and the
relationship of the Project components~ These documents shall
constitute ~onsultant's preliminary evaluation of the Project an~
the project budget requirements.
(e) The project Engineer shall issue his
written approvcll upon Consultant '5 completion of the Pr.s:liminary
Design Phase by supplying the appzopri~te number of reports and
doc~ments to the project Engineer and o~herwise complying witr. the
provisions 0= this subparagraph 4.1. 1 to thE: Proj ect Engineer r s
sole satisfaction before consultant may proceed to perfo~ its PC
Zone Change Phase obligations.
(f) Consultant
obliqatio!"ts under this P:-eliminary Design
period permitted. in Exhibit "A-.
shall perform its
Phase .... ,ithin the time
4.1.2 PC Zone chanq~~ase
(a) Consultant shall submit to City staff
the preliminary design packaqe ~pproved by city staff, prepare for
presentation to the Council, Architectural Review Board (-ARBN),
Planning COlOl:ission ("Planning"), and Council cC'mmittee (nCommit-
tee") such materials as may be deemed necessary by the Project
Engineer, attend meetings as requested by the ?roject Engineer, and
modify the preliminary design package as requested by the Project
Engineer during the PC Zone Change Phase revie~ process in
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9200 II .,a 0070166
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acco::-dance with E:.<bibit ftA" and the other provisiol"lS o~ tr~is
subparagraph 4.1.2 •
(b) Once the soils repol.-t and environmen
tal assessment report have be-en approved and the prel iminary design
package has been finalized, Co~sultar.t shall submit to city Staff
tlll'enty (20) cc.pies each of the preliminary design p-ackage, the
environmental assessment report and any other items dec~ed
necEissa=y by city staff in ord-er that City staff :rr1.ay submit such
docwnen~ation to initiate the PC Zone Change revi ~\{ process.
Consultant shall modify the preliminary design package as directed
by the Project Engineer to incorporate Planning:~ ARB, council i
Committee, cOmllJunity and City staff review comments received, and
shall resubmit twenty (20) copies of the preliminary design package
to city staff prior to each ARB, Planning, Council, committee or
community review meeting.
(C) Consultant shall attend and make
presentations~ if required by the Project Engineer, at a minimum of
six (6) and a maximum of eight (8) meetings during t.his Phase.
(dJ The Project Enginee't' shall issue his
written approval upon Consultan~'s completion of the FC Zone Change
Phase br supplying the appropriate number of reports and documents
to the Project Engineer and otherwise complying 'With t,he provisions
of this subparagraph 4.1.2 to the Project Engineer's sole satisfac
tion, before Consultant may proceed to perfoI~ its Final Designl
construction Documents Phase obligations.
4.1. 3 Final Des..i..9..!lLConstruction Documen.t~ ____ ?has_~
(al Consultant shall develop flnal
detailed Drawings, Project Specifications and a final Statement of
Probable construction Costs Estimate. Consultant shall incorporate
all comments received d.uring the PC Zone Change Phase review
process as directed by tro.;:! proj ect Engineer to develop fin.al
detailed Dra· .. dngs, Project Sp.ecifications, and othe:-items as
described in EXhibit lOA"-.~ Final Des ig'n/Construction Docume:nts
Phase -setting forth in detail the requiremen~s for the construc
tion of the entire Pt"oject'. Consl.lltant shall advise city of any
adjustment in costs set forth in the statement of Probable
Construction Costs Estimate indicate~ by changes in general market
conditions. The Contract Specifications sl"'.;'\11 be .... ritten in
conformance ~ith the construction Specifications Institute format
for section numbering and organizdtion. The Contract Specifica
tions shall consist of Bidding and Contract Re.quirements (Division
0), General Requirements (Division 1), and TeC-i-..nical Specifications
(Divisions 2-16). Consultant shall prepare all required sections
of the contract Specifications excepc for Divisions 0 and 1, which
will be provided by City.
(b) Upon completion of the Drawings,
Project Specifications, and other Contract documents, Consultant
shall furnish six (6) full-size sets of t.he Drawings, Project
specifications, and other Contract documents as described in
9203lI5),nOO101i506
Exhibit -A" fer approval by the Project Engineer and any other
~pproving authorities.
'c) Upon cOll".pletion of the approved final
Drawings, Project Specific.3tions r and other Contract documents,
Consulta~t shall submit one full-size set of tracings (reproducible
mylars) of the Ora'Wings~ Project Spec;.fications, and other Contract
documents ~s described in Exhibit "A~.
(d) Consultant s!1all submit to the
Project Engineer two (2) copies of any and all revisions to each of
t.he calculations, sketches, diagra~s, computer pL:intouts, an::i oth.gr
dQCum,ents that were initially submitted during the Preliminary
Desiqn Phase and any new calcul~tion diagraus, computer printouts
and other documents.
(e) The project Engineer shall issue his
written 03ppro'\'al upon Consultant's completion of the Final Designi
Construction DocU]!tllO:nt.s Phase by supplying the appropriate number of
reports and documer..ts to the Project Engineer and ot.h'!rwise
complying with the provisiDns of this subparaqraph 4~1.J to the
Project Engineer's sole satisfaction, before Consultant may proceed
to perform its Assessment District Phase ohlig~tions.
Assessme~t District Phase
(a) Consultant shall assist city staff in
maxinq written and/or oral presenta~ions of the original approved
assessment dist~ict cost spreading formula to the California Avenue
Assessment District Associ~tion (CAAOA) in the uanner specified by
the project Manager. Consultant shall attend a ~inimum of one (lJ
and a !!IaximWll of two (2) meetings ... il:h CAADA at times and of a
ouxation as may be noticed by the project Manager.
(b) Consultant shall assist City staff,
as they deem necessary, subject to CAADA!s response to the use of
the original approved formula, 'With the development of a new cost
spreading formula as directed by the Project Engineer~ .
(cJ Consultant shall assist City staff in
preparing portions o! the preliminary Engineer's Report, including
without limitation, a description of the assessment district,
description of Work, description of alterr.ate parking plan during
construction, the construction cost estimate~ method of asse.ssm"ant,
and the project specifications, to the level of detail as may be
specified or required by the Project Enqine~r.
(dj If required by City, Consultant sha.ll
assist City staff in making written and/or or~l presentations Df
the Preliminary Engineer's Report and the Fir.al Engineer's Report
to the council~ any Committee to which the report is referred, or
any community advisory group or other entity as may be specified by
the Project Engineer~ Consultant shall attend a minimum of three
(3) and a maximum of five (5) meet.ings in this regard.
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(e) Consultant shall ~ssist City at the
pre-bid conference in revie~ing ~na making recommendations concern
ing the Bids for the construction of the Garage. Consultant shall
be available at all tim~3 to answer inquiries from City regarding
the contractors I questions about the Project Specifications du~ing
the pre-bid period.
(f) Consult~nt shall revise those
portions of the Preliminary Engineer's Report and Final Engineer's
Repcrt prepared by Consultant as ~ay be request,ed or requi!'ed by
the Project Engineer at or afte~ each meeting, and shall resubmit
s:,:;:::~ ::;:.:;;~.z~ vf :I:'''"-· ... ·i~-=~ c. .... ;.."..:.=:. i...j",,, ... t:::U.L i.u tile rLoje(.;'C. ~nr:l.lneer ror
his review and approval.
Cv:i"L£ul t.d.Ill. ~ 50 Construction Stage services shall
commence with the award of Con"*:-.:act to the Contractor and shall be
rendered in accordance ~ith the provisions o£ t~is section 4.2 and
Exhibit -A-, provided, upon completion of the Qesign staqe
Services, the pal:ties first enter into an amer.dment to this
Agreement which is apprDved by Council. Consultant shall perform
the construction Stage services in the customary and usual manner
in which qualified professionals in the field of architecture,
civil, stn.:.ctural, traffic, soils, electrical, mechanical,
environmental planning. landscape architecture, in'igation and
construction management, as applicable, render their proressional
ser .... ices. "Construction stage Services" shall incll.;de, without
limitat~on, the services as may be set forth in an exhihit ~nd the
tollo'Wing:
(a) City staff shall provide for the
administration of the Contract, and Consultant shall assist with
the administration of the Contract commencing with the award of the
Contract and terminating ninety (50) days after the date of
Substantial Completion of constructio::1. City st-all furnish :!II
f:.lll-time Resident project Representative l a Code. CompUance
Inspector, a part or full-time Proj eet Inspe,=tor ~ as needed, and a
Survey Inspector.. All construction surveying services 'Will be
!urnished by Con~ractor.
(b} Consultant shall attend all p~e-con
struction meetings and answer questions regarding the final Project
Specifications ~nd Drawings prepared by Consultant.
{c) Consultant shall at all times have
access to the Work wherever it is in preparation or in progress.
Cd) Consultant shall make periodic visits
to the Work site as necessary to beco~e familiar with th_ progress
and quality of the Work and to determine if the Work is proceeding
in accordance with the Contract documents. On the basis of on-site
observations, Consultant shall apprise City of any and all defects
and deficiencies in the Work of the Contractor, including advising
and consultin~ with city staff on t~chnical instructions to the
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920J II ~y~ 0070166
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Contractor and disapproving c:ontractor's Work as :failir.q to meet
the terms and conditions of the Contract docu.r:'ler.ts. Consultant
shall not be required to make continuous on-site inspections to
check the quality or quantity of the Work, provided that the
limit€:d extent of supervision furnished by Consultant in no '*lay
shall reduce or lessen its responsibility or liability hereunder.
Consultant shall not be responsible for construction means,
methods~ techni~es, se~~ences Qr procedures, or for safety
precautions ~nd programs in connection with the Work, and shall not
be rp.sponsible for the Contractor's railure to carrI out the Work
in accordance with the Contract doc~ments.
(e) Consultant shall interpret the
technical requirements of the Contract documents and advise city o~
technical inst~ctions to the Contractor.
(f) Consultant shall revie~ and make
appropriate professional recommendations to the project Engineer an
labQratorj', shop and !!I_ill tests, reports of equipm-=nt pertorm"nce~
shop drawings. samples, and other SUbmissions of the Contractor for
con.formanc3i and compliance ... ith the Contract documents.
(9) Consultant shall prepare supplemen
tary s}cet~hes required in order to clarify or supplement the
original Contract docUlrt.a!i\ts during tht= construction stage of Work.
(h) Consultant shall assi~t City in
preparing Change Orders.
,i} Consult~nt shall observe the initial
operation of the project, including the parforma~ce tests required
by the Project Specifications.
(j) If required by City, Consultant shall
assist City in start-up, testing and operation of Project install
ed-equipment prior to ~_cceptance of the Proj ec't by city.
{k} Consultant shall cond:Jct site visits,
accompanied by a representative of City, to determine the date of
Substantial Completion and the date of final completion. Furt~er,
Consultant shall be responsible for issuing a written declaration
that the Project has been constructed in compliance with the design
plans and the Contract documents.
(I) Consultant shall attend 'Weekly
construction meetings throughout the construction Stage Phase with
the Co~tractor and representatives of City staff and shall prepare
and submit to City staff minutes of the meetings attended.
(m) Consultant shall provide the Project
~nqineer with one (1) copy of the final Project Specifications and
one (1) complete set af four mill minimum thickness, good quality
transparent mylar as-built Drawings of the projects (-Record
Drawings"). In addition, Consultant shall furnish City .'iti"l two
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9'20l11 '}'Il 007IJI66
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(2} cc-pies of all f11".1:\1 design calculations and other such similar
docul!len'Cs~
(n) Consultant shall not be respOnsible
for damages or injuries caused solely by acts O? o~issions of the
contractor, or ar,y subcontractor, or any agent or e:::nployee of the
Contractor or any subcontractor, or of a~y other persone performing
any of the Work.
City rese.:-..... es the right to add other specific duties
of Consultant under this section 4.2, and such nodi~ications shall
_ .... '-:~'';' \...:~ ;"-i t.j,r:: .. ,nenumenl:. t.o tnl.S Agreement.
Consultant shall perform or provide durlng the
Design stage and Construction Stage Seni~es 1I.ny ~nd :;!ll of the
following A~ditional Services to the extent such are authorized in
writing by City~ and Consultant shall be paid for such Additional
Services a~ provided in section 7 of this Agreement:
(a) Provide financial feasibility studies
or other special studies;
{b} Make measured drawirJgs of existing
construction when requ.ired for planning add it ions or alterations
t.."'1.ere_ :);
(e) Revise previously approved Drawings,
Project Specification.; or other Contract documents to accor;,plish
changes not initiated by Consultant;
(d) ?rovide consulta~ion concerninq
replacement of any Work damaged by fire or other cause during
construction, and furnishing the type of B-~sic Services as may be
required in conr:ection with the replace.ment r"lf EllCh Work;
(e) Provide such professi(:lnal services
'Which may be necessary by virtue of the default of th~ Contractor
in the performance of t~e Contract,
(f) Provid~ contract administ~ation
services and observation of ~onstruc~ion progress atter the
Contra.ct Tim~ \.l1"4-de.r the Cont'!:":;;.ct has been exceeded by more than
thirty (30) days through no fault of Consultant.
{g} Provide services, othet' than
co-mple.tion of Record Dra .... ings and related Project close-out, after
tinal payment to the Contractor;
(h) Provide services as an e~"pert witness
in connection with any public hearing, arbitration proceeding, or
proceeding of a court of record;
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9lOJll ~ 0070Ibt>
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(1) Pro'/ide services directly ap'!?licable
to t_he preparation of environroe-,.tal impoct studies and r~ports:
(j) Maxe det~iled mill t shop, ana/or
laboratory inspection of materials and equipment;
(k) ~~rnish property, boundary.
of-'Jay., topographic and utilit.y s-urveys, and related
co~putations and drafting ana surveying:
rights
office
(lj Furnish field su:-veys .. phQtn..Jr~m
!.l\oO:; .... J..::t, anci. fie.ld lay-outs of construction;
(n) Furnish special photography. mod.els,
printe-d. reports and additional copies of Drawings and CO!".tract
documents in quantities in excess of the number specified in this
Agreement;
other soils engineering
const met i on;
(r.) Per-fonD. soils investig,ations and
services before design and/or during
{a} Prepare applications and supporting
documents for governmental qrants or advances for pul:Jlic ..... orks
proje.cts,. antl implementing such grants or advances on be_half of
City:
(p) Instruct plant employees in the
operation and maintenance of newly installed equipment:
{q, Incur travel and SUbsistence expenses
for Consu~tan'c. al'ld its staff beyond these normally -required under
the Basle Services (Pesiqr. stage) and Construction Stage Services
provisions of this Aqreement:
(r) prepare cperat.icns al"',d maintenance
manuals;
{s) Perform any other services that may
be agreed upon b 1' the p~rties subsequent to the execution of this
Agreement;
(t) Provide value engineering analysis
for the design or parts of the design of the Project, to achieve
the lowest cost/benefit ratio of lite cycle costs to City ever the
life of the Garaqe~ -Life cycle costs· are defined ~s the present
value of all direct costs incurred with respect to tile planning,
desiqn, construction, operation, and maintenanc~ of the project
ov~r the lifetime of the Project. The scope of this analysis shall
include, but is not limited to, the following concepts: (1) supply
docu:u:e.ntatiun challenging any criteria furnished by City where a
savings in total life cycle cast can be achieved; and (2) examina
tion of all other design criteria for ~ach discipline of Work ~here
alternate Materials and mettlods of construction are possible. The
analysis: shall consist ot the follo'Jinq elements: (1) comparative
9
9lO3 U ry:a 0070166
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cost breakdown for direct labor and material of all selected
alternatives: (.2) construction and inst311ation techniques that
deer-ease any item's life cycle cost, even if there is a higher
initi~l inv~stment; (J) maintenance ~nd ~p~rating costs; (4)
technical references I catalog data, telephone quotes t~om suppliers
and contractors, names and dates, sketches, and test data: and (5)
summary statement; and
(u) Consultant shall attend any n~er of
conferenct:!s 'With City staff 3S detenined by the Pl.'oject Engineer
at criticlll phases of the Work, and shall assist thl!! City i.,
obtaining approval of regul~tory a9~ncies when required hy such
agencies~
(v) Consul tant s~all furnish any other
additional services not otherwise stated hereinabove as directed hy
the Project Engine.er during the Design Stage services and the
Construc~ion st~~e Services, as necessary, to complete both the
~sign Stage and Construction Stage cf the Project.
4~4 General Duties ofn Consultant
4.4.1 Consult:.ant represents and warrants that it
is qualified to furnish the Basic Services (Design Stage) described
under this Agreement. Consultant further repcesents and warrants
that lOlembe:ts and employees of its firm :md that of it.s subcons'..ll
tants l if any, who will employed on the Project are duly licensed
by the state of California to perform their services and that these
services will be performed by them or under their supervision~
Consultant sha~l furnish to City for approval, prior to execution
of this Agreem.ent.. a list of all firms or corporations to be
employed as subconsultants.
4.4.2 Consultant states that it is a ..... are of the
requirements of 'l'itle II of the AlIIericans 'With Disabili ties Act and
the provisions of the Gover:J.i!lent Code and the Health and Safety
Code of the state of Cal ifornia relating to accoess to public
buildings and accmn.moQ<'!;tions for physically handicapped persons;
and relating to facilities for har,dicapped persons, Consultant
shall comply with such prOVisions performing its services under
this Agreementa
4.4.3 Consultant shall prepare in the Contract
documents alterna~ive bid items, in addition to base bid ite~ , in
compliance with Section 6 hereof and at no extra cost to city.
4~4 a4 City reserv€:s thE' right to retain the
services of a construction cost consultant to prepare estimates of
cost independent of those prepared by Consultant during each phase
of design. Consultant shall meeot with the construction cost
consultant and City representati'les to resolve IJl.ajor differences in
their respective estimates.
4.4~5 Consultant shall furnish City with ~very
reasonable opportunity for city to ascertain that the services of
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920311 .~ 0070I~
•
Conoult.ant are being performed in accordance \lith the r~~Jirements
and· intentions of this Agreemei,t.
SECTION 5 -:_~17IES OF CITY
5 .. 1 City shall pr-ovide full intorrr,ation regarding its
requirem~nts for the project.
5.2 City shall examine documents submitted by Consul tant
al"ld shall ende~vor to render decisions pertaining thereto promptly,
to avoid unreasonable delay in the progress o~ Consultant's work.
S~3 City shall furnish a land survey of the site
including, as applicable, grades and lines of streets, alleys,
pavements and adj oining property; rights of way, r-es"t,rictions.,
easements, encl.'oachments, zoning, deed restrictions, bcundaries and
contour5 of the sit~; locations, dimensions and complete data
pertaining to existing buildings, other improve::nents, and trees;
and known information concerr.ing available service ann. u.tility
lines: both public and private, above and below grade, including
inverts and depths.
5~4 City shall furnish enviro:"lmental, st:ructl~ral,
mechanical and other laboratory tests, inspections and reports as
required by law or by the Contract documents.
5.5 city shall furnish such lege, accou.nting and
insurance counseling services as may be necessary tor the Project,
and such auditing services as may be re~uired to ascertain how or
ror ~hat purposes the Contractor has used the ~oneys paid to him
under the Con~ract.
5.6 The services, information, surveys and reports
required by paragraphs 5.1 and 5.3 through 5.5 inclusive shall be
furnished at City's expenst:=, and ConslJltant shall be entitled to
rely upon the accuracy thereof.
5.7 If City observe.s or otherwise becomes a ....... are of' any
fault or defect in the Project or nonconforman~e with the Contract
documents, City shall give prompt written notic~ thereof to
Consultant.
5.8 City shall fUrnish information require~ by Consul
tant in an expeditious manner.
5~ 9 City shall furnish portions of the Contract Specifi
cations as detailed in paragraph 4.1.3{a).
~ECTION 6 -EXCESS ESTIMATED CONSTRUCTION COST &~D BID
6.1 ~_~..in Excess of Final Estimate of Construt;ti.9..lL
!&ll
rf the lowest responsible bid for the Project received by
City exceeds one hundred twenty percent (120%) of the amount of the
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approved oe.tailcd final ::=:!!g~neer I s cost estimate of ccnstructi'::n
costs j city,. at its option, shall (a) give ""ritter. Cipproval of an
increase in such fixed cost limit, (b) authorize rebiddi~-:g cf t.he
project within a reasonable time~ or (c) cooperate in revisJ.ng the
Proj~ct scope and quality as required to reduce the construction
cost. In the event city selects option. (c), Cons'..lltant, -without
additional charq~, shall ~odify the Drawings and Project Specifica
tions as necessary to bring the construct.ion cost \oI'ithin the fixed
cost li~it. The provision of this serv~ce shall be the limit of
CO::1sultant's responsibility in this rega.rd, and in consideration
thereof, Consultant shall be entitl~d to its fees in accordance
with Section 7 of this Agreement.
6.2 Cons~ruction Cost Estimate
The state~en~s of Probable Construction Costs estimates
and detailed final Engineer I s est".i_1Cate: of construction cost
·prepared by' ConsLlltant represent its best judgment as a design
professional fa-miliar .... i th the constructi?n ir.dustry. It is
recognized, hO'wever, that r.either Consultant !lor City has any
control over the cost of labor, materials or equipment, over the
Contractor's methods of dete-nnining bid prices .. or over competitivE:
bidding or market condi~ions~ Accordingly; Consultant cannot and
does not guarantee that bids will not vary from any statement of
probable construction cost or other cost estimate prepared by it.
payment shall be made by City only for ser.iices rendered
and upon the submission, in triplicate, of monthly pr0'3res5 payr!lent
requests. Each invoice shall be itemized as to the type of payment
described in this section.
7.1 Consultant's Fees
In co~sideration for the full performance of the Bas!~
Services (Desig-n Stage) described in section 4 of this Agreeme:r.-t,
City agrees to pay Consulto.nt a fee not to exceed (,r.o> Fl,inrrenE..:...rn'...Y....
Eight: Thcusatlcl S~-.!_Jjwne$e':! l:;e,,60l~ ) for the Basic S€:rvic€s (Design
Stage) .
In consideration far the full performance of the
Cor~strl.lction Stage Services described in Section 4.:2 of this
Agreement, City agrees .... to pay Consultant a fee not to exceed.
FH-q 'l.'!}c,usand TOIO ;';undretiS;~:2"iQ_), provided the t-er1!l5 and conditions
of the Construction Stage services are rnut\lally agreed to -by the
p~rties in a ~ritten amendment to this Agreement.
The amount of Consultant's compensation shall be
calculated as set forth in Exhibit "An, Standard Fee Schedllle,
attached hereto, on a time and materials basis, up to the maxl!T'.I.l!tl
amount set forth in this section 7.1.
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"1 ~ 1.1 §..I"lJ:~S=..9..n-,?..!:!lt-ants~ The fees for subccn-
sultants, hired directly by Consult:ant, shall be approved by City
in advance of incurring such fees.
7.1.2 For Additiq1.~.~ Services (Des~gn stage) ~
For Consultantls J1.dditional services (Design Stage) t as described
in Section 4.3 ~f this Agreement, c~mpensation shall not exceed
EB~teen T~OiJ.::;8.r!1! 1'-.I(~'y--.:.ndre~ .. Fifty (SJ._B ,2;0 ) or as more
particl,.O.larly descri::'ed in Exhibits "A" and "51' ~ The rate sChedules
shall be updated cn March 30th of each year.
"} ~ 1. 3 For Addit~icnal Se=vice.s (<:.'.onstructio!"'-.
~). For Additional Services (Construction Stage) as described
in Section ".3 ot: this Agreement .. cOlr.pensation shall not exceed
Three Thousar.d Two Hundr-e<l Fifty.... ($ 3.25:J. . .... ) or as more
particularly aescribed iT'. Exhibits "JI..~ and UB" :--'l'he rat.e sche>:d\'lles
shall be updated on Ma~ch 3Qth of each year.
7.1.4 !_ormmExtra \<"cr'k ~gLcr~afl.s.g.§:. Pa)"lnent for
extra liork or changes in the Work not initiated by consultant and
authoriz~d in writing 'by the Proj Ect Engineer shall be l>I_ilde within
thirty PO) days of submission by Consultant of a statement in
-triplicate of itemized costs covering such ioI'l;,r}C. Prior to
co~encin9 such extra vork or cnanges, Consultant and city snall
agree upon an estimated not-to-e~ceed cost for such extra work. In
no event sha~l Consultant he paid for design w~rk or Change Order
preparation 'Which is detenr.ined by the Proj ect Manager to be
necessary or occa~ioned by Cons~ltant's errors or oversights.
7.1.5 Calculation of~..Q~rect Personnel E!!.MD..§..g.
Direct personnel expense of employees engaged or. the Proj ect by
Consultant includes the work of architec~s, engineers, designers,
job captains, draftspersons, ~pecification ~riters and typists, in
consultation, re$ea~ch and design, in producing Drawings, Project
Specifications arid other Contract documents perta ining to the
Proj ect, and in rendering construction Stage Setvices. Included in
the cost of direct persor.nel expense of these employees are
salaries and :mandatory and cLlstomary benefits such as statut·:)ry
employe":! benefits, insurance. sick: leave, holidays ;a.:'1d vacations,
pensions i'UlO sindlar benefits.
7 ~ 1. 6 R~.lmbursable Expensn §...$. ReiIt'bursable Basic
services (Design Stage) expenses under this Agreement shall nut
ex.ceed $~D __ . Reimbursable Basic Services (Design stage)
expenses are in additioT'J to the compensation for Bas ic Services
(Design Stage) and Additional Services and include. reasonable
expenditures made b~~ Consultant, its employees, or its profc3sional
conf:-ill tants in the di!'ECt interest of the Proj ect for expenses
listed in the follo,«ing paragraphs:
Reimbursable construction };~.'t;;ag:e~ expenses
for this A9reement shall not exceedE~_'~.e:'l 'I'.t", .. (,usand S.:X ,u. .. J.·(~U .. -'-~"~) .
Reimbursable Const~J.ction Stage. elo:penses are in additional to the
compensation for Construction stage services a:;.d inch .. d2 actual
construction stage e.Y.p.e.nditures mdde. by Consultant, its employees,
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or its professional Consultants in the interest of the Preject for
expenses list.Enj in U.e following paragraphs:
(a) Exp2nses i~curred in connection with
the project for long distance telephone calls and telcgra1ll.s and
fees paid for securing approval of authorities having jurisdiction
over the Proje~t~
(b) Expense of reproduction, graphics,
postage and handling of dra~ings and specifications, except for
those req'.lired to be furnished by Consu.ltant i~ Section" and for'
non-Project related use in Ccnsultant's office; and
(e) Only if a"..lthorized in ac.vance in
~riting by City. expense ot overtime ~ork requiring higher than
regular rates, expense of renderings or models for City's use, and
expense of computer time ""hen used in conr.ection with Additional
Services under section ~.3.
7.2 Payment Schedul~
7.2.~ For Basic ~~rDesig!'l_ §tM'~:_~
Constr~ction stage. pal~er.ts for Basic Services (Design stage) and
construction stage shall be made monthly in progress payments in
proportion to services performed for e3ch Phase ~ithin a Stage as
determined by the parties and as SEt ror~h more fully in Exhibit A.
Final progress payment snall be made by City after Consultant has
suhmitte~ all required Record Drawings and reports.
7.2.2 f9r Additional seryj,_£g§~ Payments for
Additional services of Consultant: shall 'be made as part ot the
monthly progress payments for services r~ndcred.
7.:2.3 For Reirnhl.lr-~able E:_~~.!J~. Payments for
rei£bursable expenses of Consultant shall b~ made as part of the
monthly progress payments f~r services rendered.
7.2. -4 Deductions. No deductions shall be made
froDl Consulti;l.nt's ccmpe:;'lsation on-account of penalties, liquidated
damages, or otheL s~~s withheld from payments to the Contractor.
7.2.5 Pay;:.e.nt Upon St.lspen;-;Jol1 or Abandonment of
Proj ect. I f the Proj ect is suspended for more than three (3)
months or abandoned in ~hole or in part, consultant shall be paid
its compensation 'for services perforJIled prior to receipt of ..... ritten
notice from City of such s\lspena.ion or abandomr\ent, toge.ther 'With
additional and reimbursable expenses then due. It the project is
resumed after being suspended for mQre than Ol'le hundred tWlenty
(120) days, any change in Consultant I s compensation shall be
subject to renegotiation and, if necessary, approval by the Palo
Alto City Council. It this Agreement is suspended or terminated
for fault of Consultant, City shall be oblig-3.ted to compensate
Consultant only for that portion of consultant's services ~hich are
of benefit to city as determined by the Project Manager.
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SECTION 8 -_~_J:ROG.BESS AND COMPLETION'
a~l Time is of the E~~~~
Time is of the e$sence of this A~reement, and the Design
stage Services cf the Work shall start immediately upon recp~pt by
consultant of written notice. Work on eeJ.:..:h successive Phase. of
service as specified in Section 4 of this Agreement shall proceed
sequentially by Stages ~nd Phases upon written notification and,
until such notification, consultant shall not proceed with any
subsequent item of service~
8.2 Time of completion of Each phase
ConsultaDt agrees to pe~tor.m the Basic Servic~s (Design
stage) within the time limits set forth in Exhibit ~A· p~ovidedJ
however I that any change in tr~e scope of serv ices may requir-e a
revised time table~
The time for completion of the Construc~ion stage
Services, if ~ny~ Ehall be determined by mutual agreement of tile
parties:. but in any evei1t, Consultant shall noe su):.·1I1it Record
Drawings later than ten {lO} days aftar completion of the Work, as
determined by cit~ ...
City agrees to exercise due diligence in performing its
tasks to implement Consultant's time table provided under Exhibit
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8.3 City'S Review and Approval
Bet~een each Phase of Work under Basic Services (Design
stage) there is a review and approval procedure followed by City
staff ~ City will exercise reas")nable diligem::p.. in completing these
procedures; however, it is recognized that the interrelated
exchange of inf~rmation ~mong City's various departments ~akes it
impossible to set a sp.:cifi.-: time schedule. Normal1y~ City's
estimated time for revie. and approv.;=,l .ill be furnished to
Consult~nt at the time of SUbmission of each Phase of the Work~
8.4 Extension ,of 'rime of Cvmpletion
In the event the various services called for und~r this
Agreement are not completed by CO!lsultant withi"" the times speci
fied herein~ City-shall have the option to extend the time of
completion~ In the event of IS d@lay in performance by consultant
caused solely by City's action or inaction, Consultantts exclusive
remedy shall he an extension of time and no damages for delay shall
be permitted. This paragraph does not preclude city from seeking
the recovery of damages for delay by Consultant~
~SiJE!.ICT;TIIJ;O!!!NU9~:...iC;]:HAN!'y!-"G~ES IN WOR!<
City may 0': ,~r major Changes in the scope or cr.::lcacter of
Work, either decrea!'i ,H~ or increasjng the amount of Consultant's
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services. In the event that such changes arc ordered, c~nsultant
shall be entitled to full compensation for all Work performed prior
to receipt of itotice of change in Work. Additi"nal compensation
tor maj or changes .s;hall be determined by the proj ect Manager in
accordance with section 7 of the Agreement, but in no event shall
city be liable for payment unless the amount of such extra
compensation shall first have been agreec to in writing by city.
In the event that major changes are ordered pursuant to
this section, the sch~du16 for progress and completion in Section
8 of this Agreement and for compensation under Secticn 7 of this
Ag~eement, shall be adjusted by negotiation between consultant and
City, subject to approval, if n,=cessary, by the City Council.
SECTION 10 -TERMINATIOt, ____ OR SUSPENSJON OF AGR~m:NT
10.1 C'ancellat ion by Consul t-2!._nt
Consultant may terminate this Agreement or suspend ~ork
on the Project upon thirty (30) days' written notice to City, but
only in the event of substantial failure of performance by City or
in the even't city abandons or indefinitely postpones the Project.
10.2 ~ancellation by City
Without limitat::i.on to such rights or remedies as City
shall otherwise have by law, City shall have the right to terminate
this Agree~ent or suspend ~ork on the Project for any reason, upon
fifteen (15) days' "Written notice to consultant, or immediately
after submission te.-City };y C':)!".!9ultant of any completed item of
se:cvice specified j n Section 4 of this Agreement. Consultant
agrees to ce~se all Work under this Agreemen~ upon receipt of said
written notice.
10.3 CompensCi.J.ioD_ of Consultant in t}"l~ ___ Event of Termina-
ti~D of this ~greernent
In the. ev~r-."'. of terminaotion of this
suspension ot ""'ork on the Project by either City
consultant shall receive compensation as !ollow5:
Agreement or
or Consultant,.
(a) For approved items of services under
section 4 of this Agreement, compensation shall be in the amount
outlined under section 7 of this Agreement for the items of service
fully performed by Consultant.
(b) For items of service on which a
'Written notice has been issued b~t City t.o Consultant, but Which
have not been fully completed and approved, Consultant shall be
compensated for said servic.a in an amount which bears the same
ratio to the total fee otherwise payabla for the performance of
said services as suet! services actually rendered bears to the
total service necessary for the full performance of said item of
service.
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(e) In no event shall the total compensa
tion paid in tha ir.l.!Iiediately preceding p":o:-agraph8 c-xceed the
payment specifi~d in section 7 for the respective items of service
to be furnished by Consultant.
(d) Not",i thsta:1ding anything in the
preceding paraqraphs, upon termination for fault of Consultant,
city shall be obligat.ed to pay for only that portion or the
services Which the Project Mana?er determines can be incorporated
in the Project.
1u.4 .Lr,Jties of cit:v eod ~~
Upon t~raination of this Aqreem2nt or suspension of Work
on the P~aject by either City or Consultant~ all duties of City and
Consultant, as ~~t £orth in Sections 4 and 5 hereinabove, shall
terminate.
SECTION 11 -CONSULTA.rJ'l' I S ACCOt'NTING RECO~RDS
Records
project shall be
accounting basis
convenient times:
of tha following expenses pertaining to the
kept by Consul taTlt on a generally recognj zed
;;Jnd shall be available to City at mutually
consultant expenses.
(a) Direct personnel expenses, including
(See Section 7 of this Agreement.)
(b) Reimbursable expenses. (See Section
7 of this Agreement).
services.
(cl Expenses pertaining to Additional
(See Section 7 of this Agree~ent.)
SECTION 12 -O~E~.~.tnp Of DOCUMENTS
12.1 Subject to the provisions of Pa~agraph 12.2 belo~,
the original drawings, tr.aps, plans, designs, records of survey,
work data; specifications, and other documents prepared by
Consultant in the performance of this Agreement, although instru
ments of professional service, are and shall be the property of
city whether t~e Work for which they are made is performed or not.
12.2 UpOl. termination under section 10 of this Agreement
and upon City's payment of the amount required to be paid under
same section, the originals and all D~a~ings, calculations, Project
spec~fications and similar Contract documents become the property
of City, and Consultant shall transfer them to City upon request
without aaditional compensation~ Cit}' shall have the right to
utilize any completed or incompl~ted Drawings, estimates, Project
SpeCifications, and other Contract documents prepared hereunder by
consultant; however, City shall indemnify consultant against any
loss which may be caused to Consultant by such use and reuse.
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SEC?ION 13 -
In accepting this Agreement, Consultant covenants that it
presently has no interest, and shall not acquire any interest.
direct or indirect. financial or otherwise, which would conflict in
any manner or ~egree ~ith the performance of the services hereun
der. Consultant further covenants that, i!l the performance of this
Agreement, roo subcon~ractor or person having such an interest shall
be employed. Consult.ant certifies t'_h~t: nn ~n,,", wh..-. h;o,<:. n..,... ",,-i 1., 'h"""","
any tlnancial intere-st under this Agree;nent 15 an officer or
employee of city.
It is expressly agreed that in the performance of the
pro-tessional services required under t.his Agre2cent Con~ul tant l am!
any ot' its subconsultants or employees, shall at all times be
considered im:!epend~nt =cr',tractors .:::.r;.:! .. ::;t, age .. ts 0;0 e ... plvyees. of
City.
SECTION 14 -OUTSIDE CON5D1..{I,'MTS
Consultant shall be responsible for emplc.:ing all outside
consultants {subconsultants) necessary to aid Consultant in the
pe~foLmance of t~e services listed in Section 4 of this Agreement;
provided, however, that all such subconsultants shall receive prior
approval of city in _~itin9 and shall remain acceptable to City
during the term of this Agreement.
~EcrI_~ 15 -INDEMNITY
Consultant agrees to indemnify, defend and hold harmless
City, its officers, agents} and employees fro~ any and all claims,
demands, liability, loss or da~age of any nature, including death
or inju~ to any person r property damage or any loss, caused by ~r
arising out of Consultant's, its office!'s', agents', subconsult
ants' or employees ' negligent acts, errors or omissions, or ~illful
misconduct, or conduct for 'Which the la .... iIr,poses strict liability
on Consultant in the perfortl':ance of or failure to perform this
Aqrt!ement.
SECTION 16 -INSURANCE
16.1.1 Consultant, at its sole cost and expense,
shall obtain and maintain in full fC"Jrce and effect throughout the
entire term of this Agree~,~nt th~ insurance coverage, insuring not
only Consultant, but also (with the eAception of ~orkers' compensa
tion t employerts liability insurance and professional liability
insurance}, City, its officers, agents, and emplcyees, and each of
them but only in regard to this Project, as shown in Exhibit AC~ to
this Agreement, which is attached hereto and made a part hereof'by
this reference~
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16~ 1.:2 Certificates of such insurance, preferably
on the forms provided by City, shall be tiled ~ith City :::oncurrent
ly with the execution of this Agreement or, with City's -written
approval, within ten (10) days thereafter. Such certificat:.es shall
be subject to the approval of the Risk Manager and shall contain an
endorsement stating that the insurance is primary coverage a~d will
:not b~ cance~led or altered by the insurer -without thirty (30) days
pLior written notice to city of such cancellation or alteration,
and that the city of Palo Alto is named as an additional ins~red
(except in policies of professionai liability insurance). current
certificates of !'::'1l""h i ,"',"",.."",.... .... .0 ~~~~! ~:: !:::;': .:;;-. ':~':'c;. Q.~ .:i~i. \...1_lIu::::,
during the ter-m of this Agreement with the City Clerk.
16.2 C01:~_ectio . ., of any Errors« orni_ssions I and A.'.!'\~.i.m!=
it les in Contract DQcum_~J~,
1>..ny errors~ omissions, or ambiguities in the Contract
documents ~repared by Consultant which are discovered before the
Project is Qut for bid shall be corrected by Consult.,ant lll'ithout
cost to City. Cor.sllitant services r~quired tc make ch3:nges in
construction resulting fron errors, omissions, or ambiguities in
the Contract documents which are discovered after the Contract is
e:ward&d shall be performed by conso',.ll tant without cost to Cit}' only
insofar as they rest.llt in unnecessary or non-beneficial changes in
construction. consultant. services required to make changes in
construction resulting from errors, omissions~ or ambiguities in
the Contract documents ~hich are discovered after the Contract is
awarded shall be performed by Consultant and shall be paid for by
City only insofar as they add a benefit to the construction work as
determined by the project "anager.
SECTION 17 -WORKERS' COMPENSATION
Consultant certifies that it is aware of the provisions
of the Labor Code of the State of California which require every
employer to be insured ag~ir.st liability for workers I cvrnpensation
or to undertake self-in5urance in accordanc£ ~ith the provisions of
that Code, and it certifies that it 'Will comply -with suet. provi
sions before cOIIllllencing the: performance of the work unde.r this
Agreement.
SE~!O~ 18 -AUDITS
Consultant agrees to permit City by its designated
representatives to aUQit, at any reasonable tim£ during the term of
this AgreE:ment and for three (3) years thereafter, Consi.lltant's
records pertaining to matters covered by this Agreement. Consul
tant further agrees to maintain such records for at least three (3)
years after the termination of this Agreement.
SECTION 19_ -AGREEMENT BINDING
The terms, covenants, and conditions of this Agreement
shall apply to, and shall bind, the heirs, successors~ executors,
administrators, assigns, and 5ubcor,tractors of both p.:o,n:-,ies.
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~O.l Pers0nal Services of Consultant
Both parties hereto ~ecoqnize that this Agreement is for
t..~e personal services of Consultant and cannot be transferred,
assigned, or subcontractad by Consultant · .. ithout the prior written
consent of City.
20.2 Servjces of Subconsultants and their EmJilo~~s
consultant shall be tesponsible for employing or engaging
all persons necessary tc perform the services of ccnsultant
hereunder. No subconsultant of consultant will be recognized by
City as such; rather~ all subconsultants are deemed to be ~~ployee5
of Consultant~ and it agrees to be responsible for their perform
ance. Consultant shall give its personal attention to the
fulfillment of t.he provisions of this Agreement by all of its
employees a~d subconsultants, if any, and shall keep the work under
its control. If kny employee or subconsultant of Consultant fails
or refUses to carry out the provisions of this Agreement or appears
to be incompetent or to act in a disorderly or improper manner, he
or she shall be discharged immediately from the Work under this
Agreement on demand of City.
SECTION 21 -Br:LIANCE UPON PRQFLSSrONAL ___ )~'uKJ.1.!.t.---.9..f _____ .:::;oN-
SUL-TART
It is mutually und~r5tood and agreed by and between the
parties hereto that Consultant is skilled in the professional
callinq necessary to perform the Work aqreed to be done hereunder
and that City relies upon the skill of Consultant to do and perform
tbe Work in the most skillful man~er, and consultant agrees to thus
perform t.he Work. Tbe acc'?ptance of Consult.ant's Work by city Ooes
not operate as a release of Consultant from said obligation.
SECTION :2 2 -NO IMPLIED Wl!,Ju'LE..B
No payment, pa~tial p3yrnent, acceptance or partial
acceptance by City shall operate as a waiver on the part of City of
~ny of its rights under this Agreement.
SECTION 23 -WAIVERS
The waiver by either party of any breach or violation of
any term, covenant, or condition of this Aqreelr.ent or of any
provisions of any Law shall not be deemed to be a waiver of such
term. covenant, condition, or La. or of any subsequent breach or
violation of the same or of any other term~ covenant, condition, or
Law. The subsequent acceptance by either party of any fee or other
money which may become due hereunder shall not be. deemed to be a
waiver of any preceding breach or violation by the other party of
any term, covenant. or condition of this Agreement or of any
applic<'\ble Law.
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SECTION 24 -__ ~OSTS AND ATTORNEYS I FEE.~
The prevailing party in any action brought to enforce the
terms of this JIr!.<;reement or arising out of this Agreement may
recovet f~OM the other party its reascnable costs and attvrneys'
fees expended in connection with such an action.
SECTION 25 -NONOISCRIMINATION1~~
25.1 put.". of ConJLttltant
No discrimination shall be made i:1 the emplo}"'Dlent of
persons under this Agree~ent because of the race, color, national
oriqir., ancestry, religion. physical handicap or sex of such
person. If the value of compensation under this Agree~ent is, or
may be, Five Thousand Dollar.s ($5~ODO) or more, Consultant agrees
to c01'lply .... ith all requirements. .of the Palo I,.lto Mun:"cipal Code
pertaining to nondiscrimination in empJoY1!lent, including completing
the "Compliance Report--Nondiscri.mination Provisions of City of
Palo Alto Contracts" en the form furnished by City and atta~hed
hereto as Exhibit ~D" and made a part hereof by this reference.
25.2 PEN'A.LT¥ FOiL DISCRIMINATION
If Consultant is found in violation of the nondiscrimina
ti~n pro~isions of the State of Cali~ornia Fair Employment
Practices Act or similar provisions of federal 1 a •. : or executive
order in the performance of this Agreement, it shall thereby be
found in material bre~ch of this Agreemcnt~ Thereupon, City shall
ha.ve the power to cancel or sllspeno this Aqreeme'lt, in whole or in
part, or to deduct from the amount payable to Consultant the sum of
TWenty-five Dollars ($25) for each person for each calendar day
during which such person ~a5 discriminated against, 3S damages tor
said breach of contract, or both~ Only a finding of the State of
Californi3 Fair Elrtployment Practices CClfJ'I'lission or the equivalent
federal agency or ofticer shall cO:-l.sT_itute evidence Qf a violation
of this Agreem~nt.
If Consultant. is found in violation of th~ nondiscrimina
tion proviSion of this Agreement or the applicable affirmative
action guidelines p~rtaining to this Agreement, Consultant shall be
found in Eaterial breach of this Agreement. Thereupon City shall
have the power to cancel or suspend this .&,.greeme:nt, in 'Whole or in
part, or to deduct from the amount payable to Consultant the sum of
Two Hundred Fifty Dollars {$2S0) for each calendar day durinq which
Consultant is found to have been in s<Jch noncompliance 3-5 damages
for said breach of contract, or both.
SEC'.fION 26 -ltRBITRATION
Upon a9ree~ent of the parties, any controversy or claim
arising out of or relating to this Agreement may be settled by
arbi tration in ace or" CE:: with thF> Rules of the American Arbitra
tion Association, a.1d ;ud9'" upon the award rendered by the
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arbitrators may be entered in any court baYing j'urisdiction
thereof.
SE~r;QN 27 -NOTrCES
All notices hereunder shall be given in writing and
mailed, post~ge prepaid, by certified mail, addressed as fol1o~s:
T'!) City:
With a copy to:
To Consu.ltant:
Office of the city Cl~rk
250 Hamilton Avenue
Palo A1to. california 94301
Project Manager/cal AvenUE Project
250 Hamilton Avenue
Palo Alto, California 94301
Attention of the Project Director
at the ~ddress of CONTRACTOR recited
above
SECTION 28 -ALL CO~NANTS ARE CO:HDITIONS
All provisions of this Agreemfln"t are expressly lnade
conditions.
SECTION 29_--= ~EMENT CONTAINS _Al.!.,-UNDERSTANDINGS
A,.'llfENDMENT
This document represents th~ entire and integrated
aqree:ment between City and COf"_sultant and supersedEs all prior
negotiations, representations~ and agreements, either written or
oraL
This document may be amended only by ~ritten instrument,
signed by both city and Consultant.
SECTIC:N 30 -GOVER,.~ __ J::_NG_Jd>W
This Agreement shall be governed by the la· ... s of the State.
of california.
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IN WITNESS WHEREOF, City and Cor,sl..il tant have ey.ecuted
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this Agre~~ent the day and year first above written.
ATTEST:
city Clerk
APPPOVED AS TO FORM:
Sr. A~et~ City Atto~ney
APPROVED;
city Manager
Director ot Finance
Director of Public Works
Risk Manager
Attachments:
EX1UBI"r "Alii
EXHIBIT "a"
EXHIB.IT ftc'"
EX~UBrT "On
EXHIBIT "En
CI'f'i OF PALO A.LTO
Mayor
Taxpayer Identiftcaticn No.
__ ~S\c..S-26');;7S3
SCOPE OF PROJECT , SCHEDULE
RATE SCHEDULE
I NSURA!'lCE
NONDISCRIMINATION COMPLI~~CE FORM
DEFINITIONS
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i EXHIBIT II-J'ABll
CITVOFPAlO.ALTO
\,
CONSlJi. TANTS SCOPE OF SERVICES
CALIFORN1A AVENUE PARKING STRUCTURE
Cj? NO 1921,3
Is DES1GN STAGe (BASIC S!:RVI~
A...-efIEUJoIIINARY DESIGN PHA~
1. InHlal canference. Consu~ail1·.eam (IPD,WSA & AM) sha~ meet wnh City staff and
confirm Project schedule and m~estonasldead!ines. Prior comments 'rom ARB wfll
also be discussed at this meet: ng. TM Cransu ~ant will toe g we n base maps, utflity
lnformatfon such as sewer, wat&r, power, gas, stann fines, etc. and other sUPPO!1
mate-liafs. Basic design cmeria and reqtJifements in !erms of massing, siz~, shape,
cofol. textu r&, finlshes, etc. will be discussed a! tnis meeting. Available sits
cftmension for the Garage w~l be reviewed and de~lned', Tt1e City and Con5u~ant may
also visit the site after the meetmg in order to bette r u ndersland the scr:.pe 01 Wc-J'f(..
2. Solis Report. Con3w~a:rt shall prepar~ a so~s ,eport (Oi PSC Associates} with
foundation recommeoo.aHons for this Pn:>ject and submit f.'\Ie (5) COPfeS of the 5O~S
,epotllo 1I1e City.
3, Pranmlnary DesIgn Package. The Consultant shall pre.Dare a pl'efiminary des"ign
package at 1 ".1i; 6~ scale consisting of Iroe fu~cwing:
TOle Sheet I'PO)
Site Survey and Existing Site Drawings {IPO)
rrefimirlary Demollfloo Dra-winws (IPO)
Prelrninary Srte Drawings {IPO)
Preijminary An::hitedural Drawings ;IPD.r1-tKIT)
Pre~mjnary structvru.1 Drawings to determii1e stze.s of various strucWral eJemenls
meeting vertic2illOad and fa:er.LI bad Cliteria {IPD}
Pfefimiliary Electrical Drawings with typl"ca' fighting layoul and smgle fine diagram.
(WH.I)
Pre~minary Landscape DraYJir.{Js IDA)
Outline SpecificatiOn and Material Sch~..fo.Jle (rPD/HK!T)
The Consllnant wiD also prepare a prer.minary cost es!imale of the serected design
and submft two (2) copies to the City. (LSi
4. Environmental ".ssessmen!. The Consunant wHI prepare an environmel"!tal
assessment ri!port for this Project, (\VSA)
5, Staff Review. The ConsuM:ant shalT subm'rt three (3) s('t:i eaen 01 the prefiminary
design hems to the City, City 51aff wHI review the preliminart design and the
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E.xh1b~ A.. Pan'
Cr.y 01 Palo Ano
Ccnsu!!:ants Scope cf Servi:::es
Califomia Avenu<s-Park.ln.~ Slruc1ure
..... :\1-' r'joc 1SSZ1
P"9< 2
Consu!ian! will ~'lCOrpor;r.e al! 01 !he Cit~ staffs com.nerrts ;rn.::llhe preriminary design.
The Fro}ec1: Engrr.eer shan issue a written approval of the Prerirn~nai)' Desigr: prier to
ConSllltanl pt'OCt:!eding w/trl the 'ffl:)~ ot PC Zone Ch aoge Phase,
8 PlANNEP coMMuNay ZONe CHANGE PHASE
6 Preparation of PC Zone Change Presentation M;!!tef'laFs The Con!lunant
(HKlT/IPD) shan prepare all J:"resel1lation ma!erta~ (wall graphics, artisB: renderings,
slides, e1C.) fe<:!uired to clarity design features lor presentatlon at ARB, Planning
Commiss)oT'l, and City Council meetings. Consu!\ant shall update pre.sentaticn
mmerlals as required by ARB, Planning Commission, Council and s:atf requeS-ls a'S
Oireded by Projec1 Engin~r
7. City Reviews, Once the soils repCIrt and environmental assessmfnt rep<)rt have
been appro .... ed and fM prer:minary desi~n package has been finanz:ed, \he
Consultant shan submit twe-my (2.0) sets each ':l~ ~z preflmfnary De.:>igr'l p.ack.age anc: if
r.ecessa~ thiS packag! rna)! need 10 be revised and 20 new sets reproduced after
each of the JorlOwing Crty l"El'lIiews. AOditionatiy, the Consl..'ftail1'S arch~ecl and
engineer wiTi attend the 'ot\Owing ARB, Planning and Council reviews of:M Project
as directed by Pr'Oj&c1 Engi~er.
Preiminary A~ B Review Meeting {I PDrHKiT)
P1anning Commissicn Conceptual Review Meeting (rPO)
ARB Formal ReviewlAdior. Mee1ing (IPD}
Planning Commission Final R-dvi&NiAchon Meeting (IPD~KlT)
City COuncil Review and Approval Mee1ing (IPO)
city O, •. mcij Flr.al Ac1ion Meeting (iPD)
Tr.e Project Enginee~ shat! issue a written approval upon Consul'tarn's compleUon ot
the PC Zone Change Phase to the Project Engir'leer's satisfaC1ion, be~ore ~n$l!nant
is atrthor!zed 10 ~roceed with the Final OesigntCOnstruC1ion Doc:umem Phase .
.c..... FINAL DEStGNfCQNSTRUCTION _ POCUMENTS PHASE
B. Final Design. Based on the C1ty's approlla' of the prer.min;:.!), design pacr::a<J8, the
Consultant sha" prepare 1~:118· sca~e final D~win~$, wori<.ing drawings and
specir.caHons setting forth in detail and prescribing the worlt. to be done and the
materials, workmanship, finishes and eql'~pmen1 required tor the Project. The
Drawirogs shan incMje archited:ural, slructural, p:umbing. mechanical, electricaj, eMI,
landscape and ~ns and graphjc work.
Th~ design package wiil i:nc!i.ide the follO'Njf'lg:
Title ShEel {I PO)
Final Demoltion Drawtf"9S (IPD)
Finaf Sie Drawings (I PO)
Final Asch~ectural Dra.wings (IPO)
r\f'\3.\ StNCl',Jra,\ Ora't\ings. {IPO}
ex_ ". Part ,
Ciiy of Fc.tio Airo
Ca~i(omi;;, A'lel'lIJe Pad<.~iIg .strl..:turl:l'
CIP No. 18821
Pag< 3 Conwltants Scop.e I)f Ser..tices
Final Eleclri::al """ings (V.IHM)
FnaJ Mechanica I Drawlr<Js (CaB)
FifI3i landscape Dra'llffngs (CAl
Final Structurai Cak:t.Jl::rt1oos {lPDl
Cons1r.;ction ~taHs. Prepare construction data~s lnc'/uding sigr.agoe a~ trarfic flow.
(IPO)
9. Final Cost Estimate. The Conswllcml shall submit a ~ta~ed final cost estima~e
(dor'le by Lee Saylor, Ir;e.) for all !mprcvements including all calcu!a!ions and other
dlx:umen!s used 10 cstlnwe QU8ntit1t'S.
10. F'nal Staff Revlew. ·Submit soC( (5) copies of llle dratt conS1ruct'¢t! drawings and
speciflC'.atiOns for ttle fil'll::ll staff ,eyiew. COl1su!1anl: sha~ meet with City staff 10 review
comments on Drawil'lgS and Spe<:lflCaflo.ns.
11. Constructton Document!. After incorporating City comments and City Co .. mc~
approval, the COnsultant shan provide the C ily wfth the construction speclficatlO ns
and reproducbe myfars of the Project Dfawings.
p. ASSE2SMENT DISTBICT PHASE
12. Cost Estimate. Q)(lw"ant 51131 assist City staff and bond couns.el in deveklpillg a
cost es.timMe tor constNc\ion costs., baoo o'ie·mead. costs, and any other oosts
involved wttn tne co~tlon of this Project. The ~:;5uftart will apply this cost
estimate to the assessment a-slrict using the e)( isting. apprO'oled formula.
13. California Avenue Area DeyefOpmenl Assoclallon (CAAOA) Meeting.
Consulmfll shan mafl:e a personal presentation of the present assessment olStnct rost
spread"mg lomula 10 CAADA.
14. Assessment formula. Consunant shat! deveiop a new assessment formula If at
the CAAOA ~eting, I. is !oufld. to 00 n&:essary to. de sa and if sa ciirected bY' the
engineer,
15. Preliminary Eng;lr'!eer" Re-port. The Consui'tant shari prepare POrti()n5 ot the
Pre~minary ane!' Final EnQineer's. reports lor the formation of an assessment district
lncLufing: desc:tipfion of dis!nct, description of work. metnod of as~ssmem, and
construction doCuments tct;3.wings and specificatloos /.
16. Bid Perfod Assistance. The City will receive an Jlquir.es from the Comractors
bidding upon the Project The City w!l! convey an questions to the Consultant for
rtsponse and issuance of Adde nda. The Consu lI:arri: will not respond 10 incfrvidual
il"QJiries by (;(Infractors. The COrl$U~an:l shalf attend a pre,bid meeting.
17. Councfl Meetlng:ll and Pt.;tJlic Hearlngs. The Consultant shall attend the
'olloviulg Counc~ meetIngs and pubrlC htarif'9"$
Coonc~ approval of orawlngs ;J.M spectficatkms,
Imonnatkmal meetir.gs witn Pfoperty owners to discuss Projf!ct and assessments
These meeting'S are 10r informational purposes only and not inl.eroed to be hearings
Exhi>1 A -Part I
City 01 Palo Mo
C'Jnsuttants Scope of Services
C ... i~:;m1ii A·.:~,.;,;~ f'<i"',,;;-~ Sij'"v.:.,\.i-~
CIP No. 18821
Page 4
to receive prote~t$. C.(luf'le'll '1.':11 :<Ippro'le the Final Enginet:!r's Report at1er the public
hearing process is completp.d A maximum of three (3) meetirigs afe anticipated
flNSA. AM & iPD wm attend these mee1ings iI.!: d~me-d necessar",.)
Counc~ public hearing and approval 01 Final Engll"11:;'13rS Report.
II CONSTAucnON STAGe SERVICES (THIS SECTION WllL NpI BE PARI OF
THE INITIAL AGBE5MEN~S!GN STAGE SERVICES)
18. Pteeons1ructlcn Conference. The Consultant and City 10 l1leet with Contractor
!o relliew and es:ablrsh CJllslrudion Pr"lase adlTlinistration c:ri'teria.
19. ProJect: AdmInIstration. The ConsuMnt shari provide design support ...... hfch
tncludes but IS not limited te interpretatior'! 'Ol the Contra,,! Drawings and
Spec"'icaHons, re"jew and approval of shop dra ..... ings and vend'1r submittals,
preparation of design changE" no!fees, and we€kl,. visi1s to the job srte and job
meetings 10 cM:errnJne in generallhat thE Project is p~oceeding in accordance wTth
the Contract documems. This scope oj services wiil be provided by lPD, WHM & C&B
with IPO being tlie lead cons.ultant in coomrnaHng and msnaging the PrOjeC1 betwee,"!
the City and the Comractor. Fees Jor constructiOn phase of "Nol1< are based on an
eight (8) month c.onstr\!ct~n period from start 10 finIsh wTth an average of 25 hours per
week lirm allocated for tt1ls work tor the duration of the Project. The Consultant will
me~ with the City st8ff 10 establish 'ormal pror;esslng procedure 10r ar. ma!efials,
submittals, shop drawing review, Oesign darrllcalions and draWIng changes that may
be requirej. The C:msultam win also produce meeting notes, Iss;.:e memorandums
and maintain all racorns rela!ing to the Project. The Consultant wig also rs"iew
Conlradofs cfitical path s.ctledule and comment on its adequacy. The COi1S· ..... ~ant will
prov)de iii walk-Ihru at \r'!e point the Project is subs!antJany complete with a written
19pOr1 of punch ~st items and do a final watk-thru to confi.rm that an corrective 'NOrk is
t;emple1ed.
20. Cons1ructlon Observ&tion. The Consultant shall er'<leavor1o guard City againsl
detect:; and defldcnc~es in the wcl1c: 0: the Contractor. The Cons:ultam shall no~ be
required 10 make exhaus!i ..... e or co;11:inuous on-she inspections to check the quality or
quantrtl of the work. The Ccnsultant shall no! be responsible for conSiruc:ion rJ1Jans,
methods. techniques, sequences or procedures, or h.lr sa:ety precauHons and
progr4ims in conneC1io~ with the "Non<. Wt','e.n€,,~r, in Ihc Consul'tant's opinion, :he
WOl'k is 001 prcceed1ng in accorcance with the Contract documents, !he Consultant
shaQ ~4y the City who shall take appropriate ac6ons.
21. ChinQe Ordltrs. The Consul1an! shan prej>8re design change notices and change
orders. The Consultant s!1an prepare drawings, estimates and otherwise assist in
eft.tdillg SlJc:fl changes as may b9 requested by the Crt)'.
22 Record Orawlngs. Upon completion of ~he Project. 1he Consultant shan prepare,
in conjuliCtion WTlh the Resident ~ngi{leer, and deriver tc Ihe Crt)' • accurate ~as·built·
RltCQrd Drawings Dt th~ Project, whicn reflect variallons to the orig"lI1al wori<.ing
a-ZW'i1'lQ$ based on drawings or otne r reprcsentCltiOos provided by the Contractor of
the actual construction.
EXH!BI"T A -PART 2 '-',
'~'J:j. "~ " ,_ ,'j' '',fF'-' ........ or'.;,-'.' . f&'r,v/: .>~;,t: '. ly·'
" '" ' I . , r q
-
""'~'_"",",,''''i':''''''' ~-~.
Call1Oml1l Avenue Parking GIrUctUrll, CIP NO, ~92-13 ONSULTANT FEE SCHEDULE -EXHIBIT A·PART 3 ~/11 "12
i NollI: TlleM' 0::0,,18 repreaenl II 'not Ie. II.C,.<J': I SQI.S ECON I ligul. It. dtlnnMl ~l ConRullRI~!_~_Q_/_~.!¥~~ SURVEY REp CC'l:::l_L~~_EC J Nr;lf,I£I I TClTAl
jOESIGN STAGE ..
~TIAI, MEETING
SOUilEPOR r--
P"',"UM Or:=:SIGN PACKAGE AssisTIN e------::. ----
'11UJ., ~~!\A.TI~:L
"'OBSERVATION
--'IGi~--_ .. _-_ ... _-
--------
RECO~D OAAWINGS
8AS1¢~'ftlijQTIONSTA~c:i),it9-:
AI)IlITJONAI99mnI'AQe~t;Qi'ti.
TOTAL. CONSTRUCTION STAGE C(
",000
~5C /<M r u,Olt;'llCWI
--1--I--+---I-+---I---I------j--·+--+~ -f---f-----j--" .. "
so"
1.5001 ~5Q01
-f:-1000 1( '''--;-(I'~~ ~ .. ';OO(J, ~-':-'::-D>i<> :='005"1l, ~
--~~i----~-~090~ -,~
~i~~t= __ ~_ ~~ _.-q-~ __ , _ _ __ """".J IO,O(J() .,."Or 'J59.L2.7~ __ 090
__ ~5Q
I '''I I .9 __ !,,l50 ..
1,750
-"""f :",500 _),000 __ f)/OO
-,=~~: ~~~~~~
11,600 6~,IOO
-.T" '-.,~,
I)
)
~ --
, 'i" .,., .. ,' . ' I;}~.;;h~~,h,' 'j ",' .. Si~d~'~i:':, "l~P~ f-' 'k ',0 -~-... ", "t':r.i-'c< '\'5~~'," " :',~,":}~(; '" ..,
..
' ..
.. " ,," ,.,. . .'1
, ,
WI eIT A ~ PART 4
CITY OF PALO "'-TO
PROJECT DIRECTORY
CAU;:ORNIA AVENUE PARK!NG STRU(;TURE
CIP ~~O. 19213
t.RCtyIElir
Intemaliona! Pal1ting Desfgn Inc.(IPD) Oiip t. NarY.tNana
605 -20th St DomlnaOO r So~\'en
OaJdMd, CA 94S' 2
CONSI "-liNG ARCHiIEGI
Hardison Komatsu lvelictl & Tucker(HKlT) Bob Tucke~
400 2nd $I St. 200
San Francisco, CA 941(17
STRUCTURAL
IntematiQnal ParkJr.g Desig:1. ItlC.(IPD) Mike Broad
3186L Airwa'i Alje
Costa Mesa, CA 92626
E\EC16ICAL
'vYHM Jen!1Y Sh2W
1605 &_, 51
Mo~a, CA 94556
MEGHANI CAva L 1MBiNG
Cr.anes & Braun Consulting Engineersl,C&B) Carson Woo
150 Spear S1 St. 500
San Francisco, CA 94105
l.AWlS.Qlfi.
DillngI1am Assoda1es(OA) Rffij Oinngham
2927 Newburl St.
6ert..eley. CA 947Q3
CMUSURVEY
Wlisoy &. Ham(W&H)
1035 East Hillelale Blvd
Foster City, CA 94404
COST ESIIMATOR
L"" Say'o< IncILS)
1390 WltIow Pas.." Rd Ste 200
Concord, CA. 94520
TRAfFIC
WibJr Smith .A.ssocia1es(WSA)
282 Second St, 2nd Floor
San Francisco, ell 94105
SOILS BEpopt
PSG Asse<:late.(PSC)
20')0 Blossom lane
MO'Jr'IIain VIEIW, CA 94041
ECONOMIC CONSl!t.TNST
~s McDonald &. Assooales(AM)
19S0 Addison St., Suite 107
Berkeley, CA 947(14
Ga,! Pa>i<h
r" "''''.(',,,,-.-.,
I >l"'-
,
510·832·4490
iFAX)S1 0-832·1830
415·541·0811
(FAX)415-541-0479
714·66:2-2230
( FAX) 7' 4-6£;2-3 954
510·376·2902
(FIIX)510·3762904
41S-4"2~0110
(FAX)415·882·7747
~10~548·4700
I FAX)51 0·548·0265
415-349·2151
{FAX)415-34S-4921
510·933·6000
(FIIX)510·685·3968
415·B96~0670
(FAX) 415·896·5960
415·909·1144
(FAX)415-969·5523
5. 0~548~5831
(FAXJ510-548·7599
,
l
I
, i
intematlonal Parking Design, Inc.
EXHlBlT B
SIA.'IDARD RATE SC'HED!!J E
Effective January 1, 1 m
The foUowing hourly rate fees will be applicable La the work performed, including travel
time, in connection with the specifi.c ~lroject described in the accompanying proposal with
invoices on an "hOllfiy not to exceed" basis. ('Nill pro .... id'e tiIP.e ~heet back-up, if re.quir'l!d).
Fum Principals
Associates
Senior Parking Consultant
Parking Consultant
Draft.<;r:lan, Senior
Draftsman,In,ermediate
Draftsman, Junicr
Secretary
aer;cal -Field Enumerator
$PO.OO
$140.00
$115.00
$ 90.(){)
$ 75.00
$ 6000
$ 50.00
$ 39.00
S 34.00
For prcsent:arion by a Fum Principal at fonnal bea.."ings. a ~r diem charge of $1,200.00 is
applicable fQ1' all or part of each one day appearana. Preparation time is <:harged at nonnal
hourly rates.
Houriy rates are detcrrr.ined by diR::ct permnnel expense, Billings are based on a milltip15er
of 2.5 x hourly rate, excepting Firm Principals and Senior Parking Consultants ..
Subcontractors will be billed at cos:' pJ us ten percent
All identifiable direct expenses incurred .in connecti::m wi'll the work. induding
reproduction. communications, display materials and printing. will be charged at cost plus
ten pcrcent 5emce charge.
Automobile expense will be charged at $.30 per mile. Plane, train. taxi, or bus fares will
be charged at cost Private plane. if used. will be charged 2.t commercial air travel r<ites.
Compemation for services wiU not be contingent on the Cliem's ability to collect from
others. The Client will be liabte for all COstS, including attorne)"s fees, incurred in the
collection of outstanding accounts.
Statements for payment will be presenled monthly for work in progress. Ali charges will
be due and payable within 30 days after the presentation of the statement Statements aged
~nore than 90 days will be increased toy two percent per month carT) ing charges unless
otherwise arrangcl.
VAIL INSURANCE ~GENCY
2316~ VENTURA ~L
fO ~OX 621S
WOO~~AND HILLS CA '13.~
INTfRNA1IQNAl PARKIN;
11652 ~E.NTURA &L
SH£kMAN OAKS CA 9!10~
.-!'"',.
COMPA~IES AFFORDINO c( .·eRAGE
VERAoes.. . . • ~.. .... ~ .. --•
t"'l!i .. 0: 1 ~<:U~II 'I 1'",,1,1 Jl'Ol.I(;IU 0' If\o5LO~''''C~ l!!ill': 0, 6E"LOW ...... 101 eH~ rSS",~ C 1 0 'f~1: jN; <JI'I!f..tl ",,,,..EO •• O'~t: f O~ 1..-1 I .:;, "[""00 ,"DIt ,~~'"
"'OfI'Iol'r>'.$1 "~DI~C; ,,"'.., ~"'I!;jllfMC~". 'H''''' 0:1 CC~~I~tO .. 00-l .. n,O .... ~J.C~ C"l 0"1';';,f'" DO<::f.,IItIt£l<j WllK IFU:$P'EC' "FO .,.."", .... "$ Cl't'iro: ... '£ .. ~y
Ii: t!o$l.1fr tl" MU .!In .l:~ 1,~r ~U.'Iocr-... rF-OR~f 0 IIi l >;f '~'.II(.~ \I r,' ~("";E! £ 0 "'[III til, 1$ 'utjrCT TO .IlL T ~~ TEll.)." ;, ~"1.'5-0" S ,," .. , COfj"l r;a .. s Dt' SoJi I'( "01 .tltS
::il hI"]. (')/ ""'~'L ... ·.cr
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X 'IIW.1"'" J, ~.f .. t~f, 1;$. ,.~
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1'101\~! I~""· ..... ,~ ...... I!",.
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t,.c.~SS ~IA8'lf'"'"
.... C~l(rM'C~Pf"l~ ... ~~"
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E""p" .. 'O"'£~S 1,.1!"lI1''I'
1 __ ._. __
r~Lr30119 -ll' I 3i3i7lll3T:H
-·i· 3/31T9it3lili9~
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Qf;$(Pl:IFTIC" Of OF'f I\~T~" 50' .oc., iO~S .''If "'CL!"S, "0 5TI'\ ~r,O~'~, IE';,,,", '""E"-'li
IT Ie HEREBY ~G~££D AND UHDE~STOOO THAT THE
I~ INCLUOEO AS AOOlltOHAl INSU~EO
CITY OF PALO ~l10
RTfI'CATt HOlDER "CANCEti.ATtOH
CITY OF FALO AL10
Z~O HAMILTON AVE
FALO ALTO CA 91301
PU&LIC WORKS EN~IN£rR!NG
L
:i!i ~O"U)~" \ 01' h" AII\)"[ .of 5':: ~! lit 0 f"¢LICIU I [ ;. ~t:.1. to '6Ef¢P.~ TI"l r,
I".""C"I c .... 1! 'h.!lH.cr, T'"t: ISSUI"iQ <;:0""'" w,~ .. ""'~~"'"",O'" 'T'
~.ll 30 pl."~ ",1111'1"1£"" NDTICE: T.o "l-Ill;~ATI'I::"·i ,,¢<..~~ -'lfLt~ TO-'''
1.1!'1. ev" r&rL~J'f. '0 \U~ IIICX ,,"0'1(( Ii"i ..... III·~ "'0 O&\.l(:nl~ 0
~if;;~~fI;i~~;;k;1lf.;~=7'~'~'~'~. ~~~.~,,,,c;.;~ ~"'tlllt:,
.--' !
Un c 5.53 JJ~l
,_ .. ___________ . ____ .. _0_
A~om'. CERTIFICATE OF INSURANCE .M'~~;~;;~'
T~J$ CE'RTIJ"!C)"'1 CI:fl ;:sLrtb-nA--MA.~ i'nCOF'"INYo~MJ.,fb'NO Ii; (Y--AND
(;ON~C:R5 NO AIGH'iS UPO" THE CEJ:;TI!=ICItTl ~OLCtA, T~~!I C'E~TlfICAl
, DOts NOT It.~E"':J. txTE:ND O~ Al. 'HCI: n~ C:OVE:FI.t..OE AFFOROEC BY TH
~O'UC:I"
The Cro~ell Insurenc~ Ager'~i
P. O. eo~ 19501
43 CO'l'"porate F="tlrk, Suit.e 2CO
Irvine. CA 92713-9S01
~'MUIIC.D
I
: 1:lt.ernattof"!61
Desl';T'l.Ir,C'.
14b5:2 Vent,\,.oIl""iJ
'S-heT'llla r. 0" lCs
?e.rking
'c~V"iAQU---··"~---·--------------
P£~ICI€)_e~_w _____ . ___________ . ___ ..... ~. __ ......... __ _
COMPANIES ArFOFlOI.~G COVERAGE
T!-lIS l-$ '1'(1 ell!:~"'" ~1 TME F'Oki'C'E"So 0" i!"lSl.:A"'''~£ .:!>'[:l BI!'".ow ""'1'1 !I~EN 155\.1EO TO r,..E ,,,:c>uFI"0 """, .. I:!l "II;:)',!. ~o~ tt1t ~O~oC\" PEAlvC
1h00CATF_O,I\d)TWIT,.,sT"M:n!\!O -'!~,.. ~EOI,;I~E"'I!:"'T, Tf"'~ C'" CC'iIlO,T'O" 0" "'''''' CO"''''-'.II¢'I' C1I. O-:-,,~tI oO¢~ Mr'~" Y'o'lt .. jIIt~,"EC1 ro 1I'I~'~f11"H !I
CE~'I'~~"T! ~.AY If fS~U'EO 0lI; 1,1"", PE~rAI"I. , .... ! m'i:;"'A,":;:f "~~~I='C .. r:: sv ,.,..e .Ok~ t!I DO:SC~laeO I-<~REI~ 1$ 1:';il:~EC" l'O ALL 11'11 i[~~:!
Ext;LUlO;lo..S ,I,.D CON~Il'-IC"$ ~ $'lJ¢,., '-"lo¢:li!5 ~ ",.;-:-~ S~;::"",'i'j WI' ~.) \IE eEf~ '-!'Out!t if ". I;" CI..r,,\IIj;. ,.
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9/01/9l
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.,ill; .... S..:_U!::!"< ('!~ .. ~Q";.i I
lOOOOOC
100QOQC
lQQOQOC
',!=i:=:: CAL'!.FORN!A AVENUE PAH:KlN:::i STj:n .• 'CTU~E:
$rEXCEPT IF POLICY CANCELS FDR NCN-FAYME~T Or PREMJUl""., ·TrlEN lO-OAY
-
!>Q=e: -'!.I.w._Jle:. CU,"~.~. ' .... __ ..... _ ..
Ci::.HIFICATIE HClDE~
CITY OF PALO ALTO
ATTN: pua~tc wO~KS EN'
2S0 HA.I"',IL rON AvEN:\J~
P~LO ALTO, CA 94301
-. ---~---,.-
,"O'-'kO .... 1Il ... Ol" TMe ... nO"f J:;t:$':~I.i;' ~O~IC:!!::I u: C:"'l'<C~kk!C 1!l~~OI'\E",.
C)!;l",I';",~O~ 0",,,1. Tro ••• ::", -:"1 I$SU1"'~ ee..~"' ... i';'i ¥Ill":" E'~::lE ...... aFl 1
~~~O"'$ Wo;.iTTI:I'O "'O-,CI; '1'0 T~E CE~~lF'lc,,'!'e 0040\.:'1:-'" "',0. ..... 0 TO,,.
l£iOi, .\,JT " ... 110;':1'1:1 '!'O \(,;,ik 8..!C'" ,,-:JT.Ce: S'"iAlL 1~F';I"!>e ~o 09~I(;ATIO,," C
LIA9'"I-V g~' ,.,.,-ot: ... D OJ"::l ... T-! ~M""'~'_~.~ 1501\ roo ,e. r.E!.r-~1ATl~.'E
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C~TIFICATE or P~OFES3IO~A~ LI~eILIT~ lNS~~CE
feSU£D sr ~AT10NAL CNIO~ 'iRE INSURANCE COKPAN~
Por. N1706 (08/Sg) lS5ue Date, Haroh 9, 1992
~---------------------------------------------..... -.------+ l"thf.. CCl"tttteate ,l:5 issued a3 II. &.!:t-t.r ot Int'ol"ma.tf.on only I
and confer. no ri9htl upon the certificate Bolder. ~i, ,
,Certificate does not amend, extend or alte~ tb. eoveraie !
lafforded by the Policy. I
I I ITbl. eertities that a profe.~io~al ~iability fnsuranee ,
IPolicy he. been iwsued to the insured namad below tor tho I
lI'oliey period indicated. Notllith!ftanding ""Y .... quire.ent,1
jte.a or eondition o! the contr.aet with re.~ct to ~hieh ,
Ithis CertIficate aay b. issuld or a.y ~rtain, the I
linsuranoe afforded by the Policy d~aerlbed ha.ein 1s i
joubject to all the terms, e~olu.I.n8 and conditions ~f I
Isueh PoliCy, end any attachment. or &ndor •• ~e~t, added I
I ther.to. I + ___ ._. __ ~ ________________________ ~w ______________ ~_._--_ •• t
IN$URZD. INt£RNATIONAL PARKING DESIGN, INC.
1.652 ventura Boulevard
eber&ar. Oak., CA 9140l-l603
POLleY E'r£~IY~ DATB. O~ Mareb liDZ
POLICY EXPIRATION CAT'. 02 Horeb lt~l
~IHITS OF LI~9ILITY. One Kill!o~ eoll~rs
£:xcess
CERTIFICATE HOLCERI
CITY or PALO ALTO
250 ~ilton Avenue
Palo Alto, CA '4l01
ATTEIITIO}l,
($1,QOO,000) AGGREGATE PER ¥ZAR
of A?pliosble Deduetibl.
8nould the above deseribed
P~lley bQ cane.ll@d b.fore
the 6xpiration date, National
Union lira In,. Co. will
aall thirty days (30) w:itten
n~tice to the certificate
PubllQ Work Enqin.erin9
Holdor named to tba leftl
but failure to mail ouch
notlco &h011 impQse no
obllvation or llability of
a1\y kind upon the company.
_______________ .. _. __ ._. ______ ._."'=*'~o:J~u:~~~e!._":'-:?:'=-·~;;;~~~~~ __
884 Walker Road, suite
t~l. (302) ~'4-2J43 I
DE .9901
~74-Z 387
-,
COMPLIANCE REPORT ') Non-Discrimination Prov.I-.Jo'ions of Palo Alto Contracts
EXHIBIT 0
IMPORTANT
This l"t:pCl't m~.t be comp Ze ted by prime
contraetar and each B~bco~tra~tDr.
Complet. atl ite~e unleB6 othe~i~e
instr~ct~d. V6£ aztra .heet. if
nee' •• ~l'y. SUBMIT OnlCINAL OF THIS
REPORT IJIRECTU TO,
Dir~ctcr of Purchasing Ser.ices
Civit:. Center
250 R~iltoc Ave~ue
Palo A1to~ CA 94301
Circle On;!:! Prime Contractor
Part 1 Co~plet~ the following:
1. Full name and address of firm
Project Ca1ifc''''r:" Aver:t.:e Par-king
StrLJGc"re
Name of Firm-..ir~"fr"atior.al Parking
Telephone (51G ;'83?-4~9D
Name of person preparing fO~1 o·
person to contact.
:"1argarc'; Fleig Ext_"_' __
Subcontr3ctOl"
or otheT reporting uni~ covered -
by t.his report.
In~ernati0nal Pa:-king Design~ Inc.
6 CJ5 -20 th S;: .•
Oakland, CA 9!l612
2. Name and address of principal
official or manager.
3. Name and address of principal
office of company.
4. Name and address of parent.
-
company if an a££11 iated .-...
corporation~
5. Name and address of prime
contractor (complete only if --
this is a subcontractor's
report.
Dili;:. Nand..,ana
3458 Arcadian Dr'
Castr·J Vall':::;, C~. ,?45~~
Intern3!"!onal .i?arking Desig~, Ir,c. •
l1l652 Ventu!'3 Blvd
She.rran OaJ.ts, C1I. 9i403
""
,I
J
\
6. Signature and ti~]~ of author
ized ~epr~5entdtive_
Da.te: 3/1:' /n
• ,
Part II
1. Atta,h a statement of your company's policy on equal emfl~y~ent
opportunity to all persons without reE~Td to race, creed. cclor,
national origic, or ancestry~ and describ2 ~hat st~?S have been
taken to put this policy into effect.-
PaTt ]11 Circle the F~oper 2ns~eT
l.a NO
z. ~NO
3. Yes
4. res Q§)
5. res ®
Have you informed company officials a~d representatives
regarding the non-discrimination provisions of City of
Palo Alto Contr&cts?
Have you e.xt-mined your company's practices regaroH~.& assign
m-ents. layoffs or transfers ~f yo:..:.r employees from one job
to another f~r evidence of a pTa~tice OT employ~ent pattErn
that might appear to be dis~rimina~oTY and based upon rac~~
religion or national origin? Are they non-~iscTiminatoTY?
Do you have educational or training pTogra~s sponsored or
t:;':lanced fOl the benefit of emplo)'~es or prospective
e:nployees? .. How many people partiCipate in these pr~gTa~s?
b. How many are ~inorities?
DOES ¥DUT help wanted advertising state that y~u aTe an
eq'Jal cpportunity employer?
Are any apprentices obtained from sources outside the
employer's ~oTk force? If yes, have you circulated inform
~tion about apprenticeship PFenings or upportunities to
the follo ... ·ing?
Yes No
Yes No
Yes No
Yes No
State Employment Offi~es
Nevspapers or other media
HiEh Sc~ools, including those in minority group
areas.
Loc.l trade Or vocational schDol!, including those
with minority group students_
6. ye:s®
7. Yes
8.
Part IV
1.
2. Yes No
-,
)
'fes No
Yes No
Ag.encies and/ol" oT,ga.niz.a.ticn speCialitin& in 'iTlincl'i
e::u.ploYI:lent.
Federal or State Apprenticeship repTesenta~ives.
Who-,? __ _
Oth.r~s _________ ___
If you 3re a prime contractor, have all subcontractors
covered by these compliance inspection report~ been instructe,
as to theiT contractual obligations relating to the ~on
discrimination provisions of City of Palo Alto ContTacts? Explain: ____________ _
H3ve all recruitment SO~Tces been ~dYised that all qualifieJ
applicants ~ill receive consideration for empl~yment ~ithout
Tegar~ to race. COlOT. creed or national origin?
Id:entify (name's and addresses) the emplo)''lnent agencies I
personn~l recruitro~nt oTgani%ations~ newspaper ~dvertising
or ot~er non-union sources from ~hich the company recuits
its 'Oersonnel.
g~ -Chronicle ~15-777-11ll
Have you a collective bargaining agreement with a labor union
or other organization?
If yes. specify tbe Unio~(s) or organization(s)
Have you advised the lahoT union and/or lo'orker organizat-
ion ~f the company's responsibility under the non-discriminat
ion provisions of City contTa~ts?
-~"-".'",··a'''_'':''-''·~I''''?''-........ ?~-
3. il-I
4. Yes ~
s. Yes
6.
7.
ApproximateI) \lhat percentage of your eUlployee-s covered
!ly unil)n &gre~ments are ref ~r%"ed by or hired through Ule
u.nions t
Explain procedure for hit'ing ba.!ar.ceo _________ _
Doe$ ~be co~pany's collective b.rgaining agreement or
other contract or understanding with a lahor unjcn (or
unions) or other worker's organization include a provision
for non-disc-rimination in employment?
Is there any labor union or ·, .. orker's 'Organization" policy
.... hich pre\rents you from fulfilling your obligations undtr
the non-rliscrimination provisions of City ,o~tracts1 If so. speciiy, _____________ .
Specify the trade(s) or craft(s) involved in thi3 contract,
-------------------------
Use this space [or comment on any answers you have supplied.
--.. -... -,~-
!-
·-"'---><",-"<-,----
DA7£. :~, _ '_,_' ____ _
Project Na'l'llr ________ 'C'aclclcfcoc·c.cf::C'"'U',',,1f.'."""eW'"'";""".JlJ""''-'"-''·.-"'"''C'c'"!~"ee,-______________ _
·1· Pen!',.?r.e!'tt ~kl!iJ.p of cnm?lIny.
( ) -J-~Qnrhly rppo~t fOl _______________ 191 __ S~bmit On~e peT ~~th for dcT~:i~n ~f
projec: t. 1" Per,,",.IInrnt. 2" r~t~~6tc for pr~Jcct.
Be surt t<.J' fndlld~ .!!! itlllployec5 fn fiT-H ((llu::-;n~ nc: JUSt min·:oricle.s. fi':H. 1 Ct:1.d 2 bele ..
ate. -r~q,u.ire.d tQo ~e fl1ied in B"d svbmitt<lc ... ·ith·C(l~pli"mce Report.
r::lt,i .. H Asia;} r-~r1,.a SF'oIIn.i.~h
JO! C"Ttr,Nlf.S ,.~ 10 'ces F'emale !latk At1erica:'l I 11'1::'£'ln Surnl!l~~~
I 2 J I 2 J \ 1 J I , l 1 I J 1 1 J -
l'I'anilt:ctf1enl: JJ , I~ , 1 1
P:r-ofusfon.lf 1; 2 2 1
C1e':'iol-0filce 8 1 ') 1
Fisld' supervisor l II I
llig,.o ~ lin I .. Draftsoers{)7l 1 ' 2-I , 'l , 1
b, ~rati~n$ Ccnsu 2 I
<, CADD Operator 6 t 1 2 I 1 11 , 1 I
d, I I I I
Unskilled -lin I r J 1-1 i ,
0, ,
b, i
< • ---
" I
lctr At OF" AiWVE 46 1 11 2 1 8 4 1
Th d • "0 belou should _1",-, bl!' lnr:ILld~.:f in th~ .pproeriate c .. tt.;:o['1~$ .'!lOV! •
On Job I I )
'tt.lnine; I ., \thite Co1hr
Pro6un ion
~~~5 report ~u~t be cnmplrted by contra~tDr .nd e.~h ,~bcQntr.ctor.
'!he t'!:'rm "SP'l1'li$h Sl,Irn"'Il'Ie'd·· .1ncll.ld!!s .all per$Ol'lS of Hex!cu:I, ruerto i!i(.1I1, Cuban, ut1n
~erical1 ~r S~a~1sh or1g1~.
Report: only tmploye:@'s enr.oll~d Ltl form,l c!1·tl-,e·job r:r .. lning proRr.m.s.
\
International Parking Design, Inc.
Statement of Equal Employtt"K':n! Opponumry as slated if'!-fntttii.e.titJnaJ PGritir;:g
De$!8!l. lnc:s Firm Ph.ilosophy and Objective.s, Page 2, dated .December I,
1984.
Race. color. sex, crr..ed or nariona) orig!n ShaU not be
considered in evaluating .a.ny person for e!'Tlploymcnt,
merit mcte<lses. prorr:ntion, tcrmination for cause. or
redu~tion in for~e. or any othc::r such action affe.,con&;
employees.
--.j<~~,-~",,--".,,\ i-j .r'.-*&~
I.; ,
EXHIB17 "EI'II
DEFINIT10NS AND TE~S
The follo1t.·ing terms and abbreviations .. W'hether stated in the
singular :Jr plural word forz, used in the Agree"!!iF';nt and Contract or
in any document or instrument governing or governed by the
Agxeement or Contract shall have the llleani71gs set forth bel 0"'" ,
unless the con'text clearl)' indicates otherwise:
1.01
1.03
1. 04
1. 05
1.06
1. 07
1.08
1. 09
920006 1)'11 0071H 11
~A.A.S.H.T.O.N means the American Association of State
Highway and Transportation Officials.
~Addendum" means any document or instrument which
chanqes .. clarities, corrects, explains, or modifies the
Contract documents, in whole or in part, prior to the
time for the opening of Bids.
RApplication for Payment~ means the document which is to
be used by the Contractor to request a progress payment
installment or the final payment installment and any
other dOCUlnp.!nt which the Contractor is reauired to or
volunteers to submit in support of the Appiic~tion for
Paj"lllen't. •
-Architect-means the person \i'ho is designat.ed in the
Con~ract as the Architect for the project.
"A.S.T.M.II!: means the Americ&n Society for Testing and
Materials.
-Bid-means the formal vritten off~r ~f' the Bidde;:--t'')
supply labor, servic~s, materials and equipment re~~ired
by the Project.
r~~dderN means a persor. 'Who submits .1. Bid in response to
a Notice Inviting Formal Bids.
"Bid Bond" means the security to be furnished by a Bid<ie:r
as a guaranty of good faith that the Bidder will ~nter
into the Contract, furnish evidence of insurance: as
required, and execute the Bonds required under th~
Project if the. City selects the Bidder as the Lowest
Responsible Bidder.
-Bid Form~ me~ns the approved form upon which the City
requires ~ formal ~ritt£n offer to supply labor,
services, materials and equipment required by the
Project.
-Bonds· means the ~bor and Materials Bond, the
Performance Bondi and any other app~oved form of security
furnished by the Contractor in accordance with the
requirements of the Project j but excluding the Bid Bond ..
1
1.11
L12
1.13
1.14
1.15
1.16
1. 17
L1S
1.19
1. 20
!n0306 .yD 0070111
o
-B:..lsinesti-Day" lI1eans any calendar Day except a Saturday,
S\,;.nday. and any Day observed as a l..:gal holiddj:' by the
city.
rlC'alTrans 8tandard Specifications" :aeans the standard
specifications of the State of California, Depart~ent o~
TI""ansportation l in effect on the Date of Execution.
References to the section nu.mhE:'!t's of the Cal Trans
Standard Specifications are made to the section numb-ers
in effect on th~ Date uf Execution, as !t,ay be a'mended
from time to time. If, in ,c;uho;;e'Y'l~F1't ~,:n t_1""'-.... ~. t:!':~
section numbers are cha"nged, the "reference shall be
construed to refer to the class of material or i~em in
the latest edi tic.on which was designated by that number in
~~at current edition.
"change Orderll means any and all ad.ditions, deletion."i and
revisicns, to the WlJrk Z'nd any and all adjustments in the
Contract Price and Contract Time which are agreed to in
writing by the City and the Contractor after the Date of
Exec:.:tion.
"City~ means the City c£ Pale Alto, a ~unicipal
corporation, as defined in Section 1.04.050(1) of t.he
Palo Alto Municipal Code. as amynded.
"City Attorney" Eeans the City Attorney of the City~
"City Council" means the City Council of the City, as
defined in Section 1. 04.050 (2) of the Palo .1-.1 to Municipal
Code, as amended~
"City lnspector~ means any person ~ho is authori4ed to
inspect the Project or any aspect thereof for and on
behalf of the City, including, .... ithout limitation, the
Engineer and the project Manager.
"City Manager" tr,eans the City Manager of the City, or a
designated representative (includi!'lg~ ..... ithout limitation~
~~e Assistant city Manager) .
·Contract· means the written agre.ernent betiieen the City
and the Contractor covering the covenants, terms and
conditions pertaini~g tc the supply of labor. services,
materials and equipment required und~r the Project. It
consists of the Contract Specifications, the 1972
Standard Dra.ings and Specifications, and the other
Specifications, and any and all written amendments
thereto~ Included, without limitation, in the Contract
are the follolJing documents: Affirmative: Action
Declaration, Bid Form, Change Orders, DraWings, Insurance
Certificate, Notice Inviting Formal Bids, Labor and
Material~ Bond, and Performance Bond.
"Contract Price" means the consideration payable by the
2
1.21
1.22
1.23
l.24
1.25
1. 26
1. 27
1. 28
,
City to the Contractor in satisfacticn of all cQvenants,
te~s and conditions of the Contract by the Contractor.
ftContract specifications~ means the covenants, terms and
conditions set !"orth in the Gene.t"al Bidding and CO:""Jtract
Requirements and project Specifications vhich are
organized according to the following Division numbers:
Division
CivisioJ"'.
Division
Division
Division
Division
Division
Division
Division
Divis-io!"'.
Divisior.
Division
Division
Division
Division
Division
Division
tj -Gener~l Stdding an;:! Contract
Requirements;
1 -r.~n~ral R~~~ir£m~~~s;
2 -Site Work;
3 -c"=,ncrete;
4 -Masonry;
5 -Metals;
6 -Wood ~nd Plastics;
7 -Th.ermal and Moisture PI'otection;
a Doors and Windows;
9 -Finishes;
10 -Specia1ities;
11 -Equipment;
12 ~urnishings;
13 -special Construction;
14 -Conveying systems;
15 -MQcha~ical; and
16 -Eh:ctrical ..
ftContract Time" means the time within which the
Consultant or contractor, as appropriate, is required to
cOlilplete the Design stage Services and Construction Stage
Services, as applicable~ and W~rk, respectively, under
the Project.
"Contractorft means the Lctalest Respons i hI e Bidder who has
entered into the Contract with the City and includes the
Contractor I s directors, officers, employees} partners.
pr incipals, agents ( subcontractors and represe:lt_ati ves.
"Date of Executior." means the date on ·which the Contract
is executed by the city and the Contractor.
"Day" mear.s any calendar Day, un).ess a Business Day is
specified.
"Drawings" means the Official Project Drawir.qs of the
parking deck structure of the City as developed by the
Consultant.
"Engineer" =eans the Engineer of the city~ or a
designated representative (including, without limitation,
the acting Engineer; .
-Field Order" means a written order issued by the
Engineer ~hich mayor may not require a change in Work.
3
.' 1. 29
1. 30
.1. 31
1. 32
1. ]J
1.35
1. 36
1. 37
"General Biddi I1g and Contra(::t Requirements:'!' means the
general information conce~nil1g th~ City's Bid }X'lid e:::.
procedur€s, and requirements l incl udir.g the .form and
substance of Bonds and in6~rance) and th~ Ad~enda(
DrawJnq~, General Conditions, and Supplementary
Conditions~
"General conditions" :::aear.s thalt part of the Ceneral
Bidding and Contract Re~uirements con~ainin9 th~ general
clauses which set forth the conditjons and requir.e~er.ts
pertaininq to the Work.
"Gel"'.eral Provi.sions" means the terms described in Part I
of the 1972 Standard Pra~ings and specifications.
-Labor and ~ate['ials; Bond" means the approved form of
security furnished by the Contractor .and the CC'lntractor's
surety to guarantee that the contractor vill pay in full
all accounts, bills, costs and expenses for Ia~r,
services, materials and equipIDF.:.nt used ir. the perfonnance
of the Work.
-Law" means any administrative order, constitution,
judicial decision, ordinance, regulation. resolution,
rule, statute. or other require1rlent of' any municipal,
county, state, federal, or other governmental aqency or
authority having jurisdiction over the pa!"ties or the
Project, or any p~rt ther~of, in effect either on the
Date of Execution or at any time during the term of the
Contract. including, without limitation, any order or
regulation of an official or quasi-official entit:y or
body.
"Liquidi\ted Damages" means the SUln ~rescribed in the:
Contract pursuant to the authority of Government C·Xl:P.
Section 530650.85 , as 3!mended l to be paid to tl"-.e City or
to be deducted f40m any payments dUe or to become due to
the Contractor for each Day~s delay in the performal"!~e of
Work at any time during the ContJ'.:'act Time.
"Lowest Responsible Bidder" means the Bidder who is
dete:rmined by the City to meet t_he cri teria en1.:llleratec! in
Section 2.30.150 of the Palo Al to Municipal Code, as
amended.
".Notice Invitir.g Formal Bids" means the City's Bid
policies, procedures and reguire~ents (including the form
and substance of the Bonds and insurance) which are
administere:d by the Purchasing Manager.
"Notice of Award" mear.s the ~ritten notice issued by the
City to the Bidder 'Whom the city has determined cr":'C:lli fies
as the Lowest Responsible Bidder. This notice is issued
after the City Council approves the award to the Bidder l
and is intended to inform ~he Bidder that, upon
4
-, ,
1. 38
1.39
1.40
1.41
1.42
1. 43
1. 44
1.45
1. 46
L47
1. (S
9ZOlO6 'YO 0070}"/1
compliance with all conditions precedent set forth in the
Notice Inviting Formal Bids and any other provision of
the Contract within the time specified therein, the City
will execute the Contract with the ContI'act.or.
"Notice to Proceed" means the written notice issued by
the Project Manager for anQ on behalf of the city to the
contractor, which fixes the commencement of the Ccntract
Time.
"Other specifications"" means the specifications set forth
in the materials of ~he A.A.S.H.T.O. and the A.S.T.M. and
the CalTrans Standard Specifications.
~pe~formanc~ Bond-means the approved form of ~ecurity
furnished by the Contractor and the Contractor's surety
to guarantee the Contractor's good faith and ability to
perform the Work in accordance ~ith the covenants, terms
and conaitions of the Contract.
·Person~ means any agency (includinq a public agency),
business association, business trust, company,
corporation (including a public corporation), firm,
general partnership, individual, joint stock company,
joint venture, limited partnership, orqanization, or a
combination of any cf the entities refErred to in this
definitioT'!~
"Project" means the Work to be performed in accordance
wi th the Contract Specifications, the 1972 Standard
Drawir.qs and Specifications and the Other Specifications
of the Contract.
-Project Manaqer~ means the City employee, or a
designated representative~ who is authorized by the City
to ~anage the Project fer and on behalf of the City.
"Project specirications~ means Divisions 1 throug~ 16 of
the Contract Specifi~ations~
"Purchasing Manager" means the Manager,
Purchasing and ~ontracting Administration,
Finance of the city~
Division of
Department of
~Risk Manager~ means the Risk Manager of the city.
.,stand3.rcS Drawings· means the drawings or repI"oouctions
ther~of, approved by the Engineer, which show the
location, character, dImensions and aetails of the Work
to be performed and which are included or referred to in
Part III of the 1972 Standard Drawings and
specif:i.cations.
"1972 standard Drawings and Specifications" means the
City's Department ot PUblic Works' standard Public Works
5
1.49
1. 50
1. 51
1.52
1. 53
1. 54
1. 55
1. 56
1. 57
92QlO6 1)'111 OO7tl171
contract provisions~ as amended from time to time,
c0nsisting of the following categories: the Genel."al
Provisions: the Technical Specifications; and the
standal.-d Drawings.
"St.1bcontraC't:.~rn means any person 'Who performs iofork undc.r
the proj~ct pursuant t.o an oral or a written contract
wi t:l the Contractor or another Subcontractor~
"Substantial Completion" means the state of completion of
the Work under the Project achieved by the Contractor in
accordance with the coven6nts, terms ~nd conditions of
the Contract. This stage of progress is evidenced by the
issuance of a Certificate of Substa~tial Completion by
the Engineer or~ if no certificate of Substantial
completion is to be issued, by the authorization of t~e
Project Manager of the final payment to the Cont~actor.
"Supple.-rne!"Jtary Conditions" means the specific cl auses
setting forth conditions and req~ire@ents pertaining to
the Work and supplementary to the General ConaitiDns~
"Supplier lt means any person ;"oho provides labor, services,
materials or e~'ipment to the Project~
"TE-C"':-".':":';II'I.. :;peciiicaticns" means the terms describE"d in
Pa-.:t II of the 1972 st.md3.rd Dra ... ings and Specifica
ti:ms.
""I'reasu-ry Ma.nage.r:-tl' means the Manager, Treasury and
Investments, Department of Finance of the City~
"Underground Facilities· means any and all cables,
conduits, ducts, manholes, pipes, tanks, tunnels, vauh .. s,
wires and other City infrastructure attachments or
facilities 'Which have been installed underground to
furnist. any of the follo ..... ing: cable television,
electricity ~ liquid pe.trole.um products (including natl..iral
gas), sewage and storm 'Water removal, steam, 'telephone or
other com..'!l,.mications sy~tem.s~ traffic or other control
systems or water.
'"WO] 0(.-means the scope of work included 'Within the
Project, including the structural design engineering
services and the construction of the parking deck
stru.cture.
"Working Day" means any Day during the Contract Time on
which the Contractor is required to perform work and is
not excused from performing the Work under the Contract.
6
_ .. _-.... -.'.-.
Attachl".lent C
ORDrNA.t~CE NQ.
ORDINANCE Gf THE COUNCIL OF THE CI1''i OF P"<LO ALTO
A~ENDING THE BUDGET FOR THE FISCAL YEAR 1991-92 TO ESTABLISH
~\. NEW CAPITAL IMPPOVF.MENT PROJECT NO. 19213 "CALlfOF.....HA AVENUE
PARKING STRUCTUKE"
WHEREAS, pursuant to the provisions cf Section i2 of Article
III of the Char~er of the C~ty of Palo Alto, the Council on Ju~e
24, 1991 did adopt a budget for fiscal year 1991-92; and
WHEREAS, present and p"t parY.:i~g studies have demonstrated
the need for additional parking in the California Avenu~ Business
Dist.rict; and
WHEREAS, in 1986 the city of Palo Alto purchased the Keystone
parking lot on Cambridge A ..... anue t'J relieve insufficient parking in
the Califo~nia Avenue Business District and converted it to public
use in conjunctio~ with Lot 3; and
WHEREAS, on Decer:lber 2, 1991 Council directed staff to proceed
.. i th the necessary steps leading to the construct icon of a parking
structure on Let Ji and
WHEREAS, approval ..... as also given to form a ne .. parking
assessment district to fund the desigr. and construction of the
parking structure ~hich enables the City to be paid back for design
and construction expenditures from future bend proceeds; and
WHEREAS, the City is no~ ready to begin
prepare final plans, specifications and
constrlO.ctior. and format iO:1 of the ass~ssrr.ent
the desiGn staae anj
cost estimate~ for
district;
NOW, THEREFCRE, the Co· ... ncil of th-: City of Palo Alto does
ORDP.IN as follows:
SECTION 1. Th.e sum of Two Hundre:d
Hundred Dollars ($229,500) is hereby
Improvement proj ect No. 19213. Ca 1 i f orni.3
and the :R~serve (or Capital Projects
reduced.
T\oIenty Nine Thousand Five
appropriated to Capital
Avenue Parking structure,
will be correspondingly
SE(''TION 2. This transaction will reduce the Reserv.e from
$5,~98,031 to $5,068,531 as of February 29, 1992_
SECTION 3. The Council of the City of Palo Alto hereby finds
that the enactment o( this ordinance is not a proje~t under the
California Environ-rneni<.al Quality Act and, therefo:-e, no environmen
tal impact assessment is necessary.
"
1 -
SBCTION 4.
Mu~icipal Code,
adoption.
As provided in Sec~ion 2.04.375 of the Palo Alto
this ordina!1ce shall beco:':le effective upon
INTROOUCED ~~D PASSED:
AYES:
l<OES:
ABSTENTIOl<S:
."'SENT:
ATTEST~ APFROVED:
City Clerk =-:-=----------Mayor
AP?ROVED AS TO FORM:
Sr • .Asst. City Attorr.ej'
APPROVED:
city Manager
Director of Finance
Director of Public Works 91-2. 15
•
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, I
1
j
I
I
!
--... -----• _ .• _->,...-
Attachment D
RESOLA"TICN !'io.
RESOLUTION OF THE COUNCIL OF THE'"Crl'¥ OF PALO ALTO
DECLA...-qING INTENTION TO REIMBUR..SE 'EXPENDITJ.SRES FROM
THE PROCEEDS OF OBi,ICATIOKS TO BE ISSUED BY THE
CIT¥ FOR THE ClI,.LIFOR."JIA AVENUE PARKING OISTF.IC'".!'
AND DIRECTn~G CE.RTAIN ACTIONS
The Council of th~ City of Palo Alto does RESOLv""E as
follows:
SFCT10i:i......1.. The City proposes to undertake the prcject
ref.arence-:1. oelol,rr·, to issue debt for 5lJ·:h project 2nd to use a
portion ot: the proceeds of s'Jch debt to reimburse expendi tures made
for the project prior to the issuance ot' the debt.
SECTj:ON ". United States. Income Tax Regulations Secti-ofl
1.10)-18 ~rovide:s generallr that; proceeds of tax-exempt debt Clre
not deellled to be expended when S'.lch proceeds are used for
reimburse~ent of expenditures made p4ior to the date of issuance of
such debt unless certain procedures are followed. a~ong ~hich is a
requirement that (lliith certdin exceptions), prior-to tbe payment of
any such expenditure. the issuer mUst: declare an intention to
reimburse such expenditure.
SECTION 3. It is in the public interest and for the public
benefit t..'1at the city decla=e its official intent to reimburse the
expenditures referenced herein.
SEC'I'ION 4. The City intends to issue obligations in a
~aximum principal amount of $1,750,000 of special assessment bonds
{the "'Obligations B ) for the purpose of paying a "'..,rtiorl of the
costs of the construction of a publi.c parking stl. '::ture for the
City's California Avenue Parking District (the: "project").
SECTION 5. The City ~ereby declarEts th-3t it reasonably
expects to use a portion of the proceeds of the Obligations for
reimbursement of expenditures fer the Project that are paid before
the date of issuance of ~he ObligQtions.
SECTION 6. The foregoing declaration is consistent 'With
the budqetary and financial circumstances of the City in thQt there
are no funds (other than proceeds of the Obligations) that are.
reasonably expected to be (i) reserved~ (i i) allocated or C iii)
otherwi~e set aside. by or or. behalf of the City or any entity
controlled by the city. for the ey.pe~ditures for the Project that
are expected to be reimbursed from the proceeds of the Obligations.
SECTION 7" Within not more than thirt~~ (30) days follo .... ,ing
the date of adoption of this Resalution l the c~ty Clerk is directed
to make this Resolution available to the pub)ic at the customary
location of public records of the City. ~he City Clerk is hereby
further directed to assure such public availability unti.l the date
of issuance of the Obligations.
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intent under Income
be construed as nor
for this Project.
This resolution is a declaration of official
Ta~ Re7ulatiQ~s Section 1.10)-'-19 and shall not
constitute any form c,f approv31 oj:' the Council
SECTION Q.. The City Council finds
approved does not ~onstitute a project
Environmental Quality Act.
INTRODUCED A..'W PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
th~t the action hereby
'It!''.der the California
ATTEST: APPROVED:
City Clerk Mayor
APPROVED AS TO FORM:
JONES HALL HILL & WHITE
a Professional L..alt.' Corporation
By:
Stephen R. Casaleqqio
R--:-nd Cour.s'? 1
Director of Finance
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