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Home My WebLink About0192.092• - ~ . , '.'. ; .... -,. March 19. 1992 THB HONORABLE. C!'t'l COUNCIL Fale Alto~ California 4 Ci vic Center Bu] Iding EMS System _Additional DE'.s ian, CIP 19017 - NP-erdmen'i; to Cousy.l tant ];,g.r~e.ment Members of the Council: p.eporj:. in Brief This report recommends that Council approve the attached amendment to Agre-ement No. C-58757 with orBrien and Associates, Inc. to increase the consultantls compensation in the amount of $10,000. Funds are aVailable in CIP 1'9 01 "'} , Civic Cente.r Building Energy Manageuent System, and in the Facilities Management Division operating budget~ Discussion On February 5, 1990, Council approved an agreement in the amount of $29,400 with O'Brien and Associates for the design of a central, automated control system for ~he Civic Center heating. ventilating and air conditioning system tCMR:141:0). staff is requesting an amendment to the agreement in the amount of $10,000 to accomplish three rel~ted aspects of this ~ork: ~. Additional construc~ion ~anagement. beyond that provided for in the agreement) is ~equired to complete the project. The rate is $65 per hour (as stipulated in the agreement); the total will not exceed $3,520 for the additional construction 1'lanagement. 2. Additional design work is necessary to alleviate air flow and noise problems in specific areas. This 'Work could not be identified until after the 9roject 'Was essentially corr.plete, bu~ is provided for in the agreement as additional services. The cost for the design 'Work will not exceed $3,235. 3. Additional design work is needed to rnooif:1' ventilating zones in the City Attorney's office. this design ~ork ~ill not exceed $3,000. the-existing The cost for The foregoing work will complete the design phase for the Civic Cente.r Building Energy managen.ent System project. 'I'hese additional services will net exceed $10,000. CMR,192:92 1 ""-'~- staff recommends that Council ~pprove and authorize the Mayor to execute Amendment No. 1 to Agreement No. C-58157 with O'Brien and Aseociates, Inc~ in the amount of $10,000 for additional design and construction management services for the Civic Center Building Energy Management Sy.s:tem project. R~fUl ~.~bmitted. ~'CORAN Facilities Engineer . ~~\ ~,jGj(;J/ \"") ___ 0_)" ;'} ,; K/e,( rzc ./... ~ ,Cr.. ~,,-A ____ _ DAVID G. ADAMS Director of Public Works Amendment #1 Related CKR: 141:0 CHR:192:92 2 - AHENOKENT NO. 1 TO CONTRACT NO. C-587S7 EETWEEN ~ITY OF FALO ALTO AND O'BRJEN l ASSOCIATES, INC. CONSULTING ENGINEERS FOR. PROFESSIONAL ENGINEERING CONSUL~~ING SERVICI:S THIS A!"IENOMENT to Contract No. C-587S7 i5 -made and. entered into thj 5 day of ____________ , 19~2, by and between the CITY OF PALO ALTO, a municipal corporati.:m of California, hereinafter referred to as nCITY r -and O'BRIEN & ASSOCIATES, INC. CONSQLTIN~ ENGINEERS 'Tax~ayer Identification Number 94-2624963), a corporation, with offices at 305 So. 11th street, San Jose, CA 95!12, hereinafter r€ferred to as "CONSULT.~~N; WHEREAS, Contract No. c-sa757 was pr~viously entered into between CITY an:i CONSDLTA.l'fT for the pr:::;vision of design services for an energy manageltent sJ'stem for CITY's Civic center; and WHEREAS, t,he parties desire to amend said agreement to allo~ for CONSULTANT to perform additional design and construction management services in connection ~ith the system; NOW, THEREFORE~ in consideration of their mutual covenants, the parties hereto agree as follo~s: SECTION 1. The first paragraph of Subsection 7.1 of Contract No. C-58757 is hereby amended to read a~ follows: JtIn conside.ration for the fl.!ll performance of th-.a Basic Services and Reir.ili",nsable Expenses described in sections 4 and 7 of this Agree:rnent~ crry agrees to pay CONSULTA.IliT ~ tetal fee !"lot to exceed Thirty-nine ThOt.:i.sand Four Hundred Dollars ($39,400) for the complete Design staqe and for one hundred ten (1IO} hours during the construction Stage. Notwithstanding the foregoing, in no event shall cITY pay CONSUL~ANT more than Three Thousand Dollars ($3,000) for services related to the city Attorney's office area air distribution system renovation, Three Thousand ~'O Hundred Thirty-five Dollars (S3, 235) for services related to air a.nd noise problems ~ith the system, and Three ~housand Six Hundred ~enty Dollars ($3,620) for additional construction management services related to Project completion~" SECTION 2. A ne ..... subparagraph 16. L 3 is hereby added to Section 16 of Contract No. C-Sa7S7 to read as fol1o~s~ 1 - '"16. L J In the event CONSULTANT prod .. ..lces 'ltl'l-itten documentation to support CONSULTA.l.IT' s claim that CONSLTLTA..'l'f is. unable to provide any or all of the insurance coverage as required b::{ this section 16~ and in t.he event CITY agrees to release CONSULTANT from t.he obligation to provide ani' or :all such insurance coverage as required hereunder, then CONSULT;'~'lliT shall be reI ieved of such obligat,~o!"., provided, ir, consideration of CITY's release of CONSULT.A.NT of the ~bligation to provide any or all insurance covet'age as req..;.ired hereunde.r. COt_:;;ULT_"U';T expressly covenants and agrees that CONSULTANT shall at its sole cost and expe!"lse be respons ible a.l'J.d liClble fo!'" the perfonr,ance of any and all rerosdial action deemed reasonable or neces~ary to modify, repa.ir, 0::-replace any d~fect in, or defect in the design of, the Civic Center Energy Management System caused by or arising out of the negligent acts, errors or c1i!lissions c-r willful misconduct of CONSULTANT, its officers, agents, subcontractors or employees in the performanc~ of any of CONSULT.lWT's services hereunder. II SECTION 3. The follo .... ing exhibits to Contr'9.ct No. C- 58757 are hereby ainended to re3d as set forth in the following exhibits attached to this Amendment a~d incorporated in full by this reference: a. Exhibit MAn e.ntitled I'IScope of work.: civic Center Energy Management System~. b. Exhibit PC:1 entitled nlnsurance". SECTION 4. Except as herein modified, aJI other provisions -oiand e;;.h.ibits to Contract No. C-SC!7S7 shall remain in full force and effect. IN WITNESS WHEREOF, the Amendment the day and year first CITY OF PJUO ALTO Mayor ATTEST: City Clerk }.PPROVED AS TO FORM: Assistant City Attorney--- 2 parties hereto have execu'ted this a.bove .. ·ritten. ~ O'BRr;-~ .. '~. ~TES' INC. CCNSUL'~~~~ NEEPS By: _~y . _ Its: ViC!! -IkES lUI:"" r Taxpayer Identification No.: 94-2624963 ........ -·:"~~,~i;~~, .. . ~,. APPROVED: Assistant City Mana3p-r Director of Finance Director of Ruman Resources---- APPROVED AS 1: 0 com ENT: Director of PUblic Works Attacht:lents: Exhibit 'RA": Scope of Work:: Exhibit "'C": Civic Center Energy Management system Insurance 3 \ , ' , ~tQ EXHIBIT A -Under Am~ndm&nt No, 1 tQ contract No. 587S7~ scope of Work: Civic Center Energy ~anagement System. The Consultant shall provide to the city the following services in phases, as described below. This phase shall encompass Consultant data gathering thrvugh onsite surveys. information and dra.ings provided by the city, and m~etings with Facilities Management personnel. Consultant shall develop points list and schematics. During this phase, Consultant shall determine whether the city is constrained to equipment of a particular man'Uiacturer based on its <::urrcr".t use of existing equipment. Consultant will· assist the City in vendor pre-qualification. Consultant .ill give a prezentation on the progress of the project. b) Design Development Ph~ Working from data obtained and/or approved schematics developed by the Consultant during the preliminary phase, the Consultant will proceed ~ith the development of the EMS design, preparing dra .... ings , specifications J and other related data for submittal to the city for review and approval prior to finalization of the design. 1 . - --- I I (I I ., (City will coordinate closely with Consultant during tt: is period to minimize re-dasign effort for the final design phase)~ c) COhstruction.Documents Phase Upon approval by City of -the Design Develop~ent docucents (drawings and specifications), Consultant shall make any changes, additions, deleticns l andjo.r-modifications to the documents produced during the Final Design Drawings and Sp=cificaticns for the proposed EMS a City shall reviev these final documents and, upon approval, accept them. If required by the city, consultant shall assist in the preparation of final design development phase to the City Council and any council cO!lUllittee to .-hich the project is referred. The Consultant will attend a minimum of two meetings during this phase. The Ccnsultant shall submit to the project engineer. in triplicate, copies of any and all calculations, sketches, diagrams, computer printouts and other documents used by the Consultant in the design of this project. d) Construction Phase Consultant shall attend the pre-bid walk through to ~nswer contrac~ors' questions and for clarification cf specifications~ C-ansul tant shall assist in evaluation of bid!:: for the furnishing and installation of the EMS System. Co~sul tant shall atte!'"Jd pre-construction meetings and answer questions regarding the plans and specificdtions~ Con~ultant shall assist in the resolution of technical and/or administrative matters that may arise during the installation of the F.MS relativ-e to design interpretations, fi~ld conditions, conflicts, and/or errors or omissions in the drawings or specifications~ Consultant shall assist in evaluation of ... ·ork cO!:lpleted by the installing contractor for est.ablishIl'..ant of partial payments by the city to the contractor~ Consultant shall assist in the eVd.luation of the final installation of the EMS for project. acceptance by the City~ Consultant shall provide engineering analysis and design to correct noise and air problems related to? the new control system~ Consultant shall provide all required 3 au: construction administration necessa_ry to cO>:lplete this work, and the project. Consultant shall provida design dra"Wings and specifications for alterations to the existing air distribution system in the City Attorney's offices. Such documents sh3.11 be sufficient ft:lr the City to obtain competitive bids to accomplish the air system alterations. ~. Time of ..::ompletion All desi'1n work for this project shall be co::npleted by the consultant by April 30, 1992. 3~ Scope and Characte~ist~cs of the EMS desiql1 The final design as prepared by the Consultant shall adores$ and encompass the specified fe3:tures ar.d capabilities as set forth in Attachment aD~ hereto, entitled nRe~est for Proposal for Design services for an Eneray Management Systerr. for the HV/AC sy§>tem at the Civic _nee.pter Building. 250 nHamilton Avenue, pa10 A:.l.to. California" (d~~tedn_.A.iJgust 17. 1989). 4 -L ;~~1~1: ~ : l_~::' - CITY 0.. PlWO ALTO FACILITIES MGMT DIV A'l"I'N; KAREN SMIT"d POBOX 10250 PiUD AIJl'O, CA 94303 L fiXPft\T1oti ~1!! ~-(7c. !'HE ~ CQj,pAHY~ E:KPfA\IOA TO IiWl. ----3"' .... WftfI'1I!)f ~TleETo 'n1E~pC.t,n; HC't.DDI MAYBlTO-ndi LCI"T, auT fAfLUfE 'Tt),wA,jL.avcH rc.1lC£ ~ ~ MDoaucJ.'MH OR QR~"'T!Ve'!l