HomeMy WebLinkAbout0407.092".
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september 10, 1992
The Honorable City Council
Palo Alto l california
civic Center Build-9~LPJ;"9iect. CIP 20213 -CDnsu:tt~nt Aqreemen..t.
Report in Brief
This report recom,nends t~at council approve an .:o.gree;nent for
$161,380 with Forell/Elsesser Engineers Inc. for consultant design
services to build-out remaining space in the civic Center building
to accommodate Ut~lities Department staff.
Background
On March 23 r 1992{ Council approved the concept of building out the
Civic Center~ to accommodate Utilit.ie!::. Departillent personnel, and
authorized staff to negotiatos an agree_rncnt loti th Forelll Elsesser
Enqineers~ Inc., for consultant design services (CMR;151:92).
Func!s were ap~roved by Council in the .F1:' 1992-93 utilities Ca~ital
Improvem6nt P:Jgram budget.
Discussion of ~greement
Under the attached pr~fe.=.sional engineering services agreement, the
consultant will t"urnish only design stage servic-2s. Initially, the
consultant 'Will prepare a study to identify building seismic,
structllral, exiting, electrical and -mechanical requirements. This
information will be used to develop plans and specifications to
build out the eighth floor and the mezzanine floor above the
Purchasing, Human Resources and Reven~e Colle~tions offices.
Following is a summary of tasks to be performed by the consultant:
a. prepare an initial study identifying design parameters, cost
estimate and recomnendatlons.
b. Prepare preliminary design drawings, specifications and cost
estimate.
c. Assist staff in ob"Caining design stage Architectural Review
Board approval.
d. Prepare final design drawings, specifications and cost
estimate.
e. Prepare a construction non-disruption plan and d.:!tailed
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project sched~le.
f. Assist staff in responding 'to contract'~r questions d-.:.::ing the
bid period.
The agreement also provides for consultant construction
administration 3nd con!::tr"llction ::nan.:lgE-~lent. services. i'he fee for
these services ~ill be finalized at the co~clusion of the design
stage and will be brought back tc Council fCI!:' approval as an
amendment to the agreement. This "Will a 110 .... ' for possibl~ chang.:=:s
'Which Dlay occur to the construction scope of work dur ing the. design
p::ocess.
piscussiQ.tL. of I.lJlproved Civic cento?r Entry struct_urg
The Urban Design cc~~ittee has indicated a desire to provide an
improved entrance design~tion tc the Civic Center Building en the
plaza level and has considered such features as banners or canopies
to accomplis]"', this. Staff has excluded ~~ch entrance improvements
from this project r as the build-out does not impact the plaza l:.vcl
lobby or doers. Instead, the project is limited ~o construction on
the mezzanine level abQve the HUr;1an Rs.sources, purchasing and
Revenue Collection offices. If Council wishes to pursue any future
entrance improvemer.ts, staff recommends that this. be done as a
separate projec::t througfl the capital improvement buoget process and
this will be recommended in the fcrt~co~ing Urban Design Plan.
piscuss] on of Pa:rJ:',:.JJ19_J1,l,ntigatign Requirement
Existing d~:n .. 'r.to· ... n parking regu.lations require that parking be
provided at the rate of 1 space per 250 square feet o! new or
additicnal development. Based upon this standard. the pa:rxinq
requiret.tent for the planned build-out of the !!lezzanir:e and eighth
floor (4,796 square feet) would be 19 s:-paces. H 0"11' ever , staff
believes that the 96 neW' on-street parking spaces created by the
City in 1988 (through a cornbinatio~ of restriping and the
elimination of no pilrking zones), should be considered as an off
setting measure and, therefore, has not pade provision for
additional parking as part ci the project.
If Council wishes to create additional on-street parking. the
following options are available:
• A potential gain of 10 Dn-street parking spaces could be
achieved by remcYing ab.:andoned drive;.,'ays and installing
concrete sidewalk/ curb and gutter. This would require the
cooperation of the individual property Q'wm8rs to perforl':l and
pay for such ~ork. or failir.g that, t~e cityrs willingness to
pursue its legal right to have the appropriate 'Work completed
and bill the expense to the individual property owners.
• A potential gain of up to 15 spaces could be achieved by
establishing additional on-street parking adjacent to the
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Civic center plaza along F.a'rnona S':ree.t.,
Hamilton Avenue. ~his has not been done
d\le to aesthetic concerns.
Piscuss i on oi~Cl __ ...1:9D_g-Term Lease opt i on
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Bryant Street and
to date, prirearily
St-.aff reported to counci 1 that the bui ld-owt of the Civic Center
would result i~ a net savings to the Utiliti~s Department of over
$1.550,000, versus leasing space for a ten year term. The savings
wer~ based on a full service first year lease rental rate of $3.10
per square foot, with an estimated annu·31 increase of 5 percent.
Staff confir.ned this information .. .;1 th the cc,nsultant fi::t::m of Ernst
and Young. In July 1992, staff presented Council with a short-term
two year lease, ~ith a rate of $1.50 per square foot (C~~,;346:92).
If this rate were available for a long-term 10 year lease, staff
'Would not have recommended proceedlnq "'"ith the build-out. staff
esti!!',ates that the full service rental rate would need to oe
approximately $1.55 per square foot to be e~uivalent in cost to the
cost of the build-out proposal (based on 9,000 square feet with a
5 per cent cFr per year). Using the Ernst and Young inforroation t
the le.ase rate ~ould be even lower, about $1. -4 2 per square foot
{based on 9 1 00e square feet ~ith a 7 percent Cpr}.
Unfortunately I the $1.5~ figure is ~el1 belcw the r€ported long
term leass rate for property anY""'vlhere in tne city of Palo Alto.
Last year ~ staff found t~.at the lQ· ... e.s.t rent available for 9,000
square feet of space ..... as nei;.r the baylands at $1.80 per square
foot.. The San Jose Business Journal qucted a rate ranging from
$1.80 to $3.00 per square foot for full service office rental
throughout Palo Alto, based on informat: ion dated August 1, 1992.
One locally prominent lessor recently indicated a. rat-e ranging from
$2.75 to $3.35 for long-term, full serve space iJ"'l and around the
University Avenue area. The same ~essor also stated that long-term
tenants are willing to pay a premium for office space exceeding
5,000 square feet.
The succ~s$ful lessor fer the City'S short-term lease had also made
a $2.68 to $3. 00 per square foot rate propcsal last year for the
long-term lease. The Cit}.-was able to obtain the I!;uch lower $1.50
short-term rate due to a unique set 0: circ'Jmstances.. The o\llner
had leased 5,500 ~quare feet of the origin~l 9,000 ~quare feet of
space to a start-up company, ·,.thich anticipat.es expansion in two
years. Because the City's current space re:quirements of 3,500
squar-e teet and t .... o ye1!lr timing exactly complement this situation,
the o~n~r ~as ~illing to agree upon the ~1.5Q rental rate to obtain
the City as a tenant. This exemplifies the current market place,
..,-here o .... ·ners are .... illing to cOffipro~ise OD. short-'t.erl!l ~enant rates
'Wi th the anticipation of ar. €conomic recovery in the long term.
In summary, staff believes that it w'ould take a long-lease rate of
$1.55 per square foot ~c be equivalent in cast to the cost of the
build-out option. To date l staff has not been able to find
suitable space at that lease rate for a ten year term. Therefore j
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it is recommended that Council continue to proceed ~ith the option
of building out the Civi~ Center.
Thp.: project is exempt from the california Environr:lental Quality Act
(CEQA) under section 15301 of the CEQA G'.,lideli!1es.
Recommengg.ti:~ns
st~!f recommends that Council~
1. Approve and authoriz.e the ¥.al"or to eXeCtlte thp. attached
consultant agreement ~ith Fcr€ll/Elsesser Engineers l !nc. in
the amount of $161 ,380 for design staga services for the Civic
Center B\lild·~Out project, CIP 20213 ~
2. AuthorizE-the City Matlager or his designee to negotiate and
execute anend~ents for services related tc the scope of work
or services, the total value of ' .... hictl amendments shall not
exceed $241000~
Respectfully submitted,
GEORGE "BAGDON
Assistant Director of Public Works
DAVID G. ADAMS
Director of Public Works
JUNE FLEMING
Assistant City Manager
Attachments: Consultant Agre~rnent
Related CMRs; 151!92. 346:92
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CMR: 407:92
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A G 1 B , X B N T
for
P10FIISSIOIilIL D'GD!ElmDTG CO!iSULTAN'l' SEAnCES
ioli'ni...... TIm CITY 01' PALO ALTO AND
FOllBLL/BLSliSSliB. D'GDrKBRS, :mc.
THIS AGREEMENT~ made and entered into this day of
, 1992~ by and between the CITY OF PALO ALTO, a
=mun="i"c"""'pa=l;-C:c"o"rpo="r::::ation of california, hereinafter referred eo as
-C:ITY, :I and FORELt../RLSBSSER ENGINEERS, INC. (Taxpayer
Identification No. 94-1605095), a california corporation, with
offices at 539 Bryant Street; San Francisco, CA 94107. hereinaf.ter
referred to as ·CONSULTANT-:
• I T NBS S B T B:
WHEREAS, CITY desires certain professional engineering
consultant services for the design of additional office space
within the exist.ing Civic Center Tower located at 250 Hamilton
Avem.!.e in the City of Palo Alto~ hereinafter described; and
w""HER.BAS, CITY desires to engage CONSULTANT to provide
thes~ services by reason of its qualifications and experience for
perfor.ming such services and CONS~~TANT has offered to provide the
required services on the terms and in the manner Bet forth herein;
NOW, THBRBFORB J in consideration of their mutual
covenants, the parties hereto agree as follows:
SBCTION 1 . PEFINITIONS
Tne definitions used herein are incorporated by reference
and attached hereto as Exhibit ·B".
SECTION 2 • PRWECT COORDINATIOI;:
2.1 an
The C~ty Manager will be the representative of CITY for
all purposes under this Agreement. PATRICK STONE hereby is
designated as the PROJECT MANAGER for the City Manager and shall
supervise the progress and execution of this Agreement and shall b~
assisted by SCOTT WAHL, the PROJECT ENGINEER. Any other person may
be designated as the PROJECT MANAGER or the PROJECT ENGINEER by the
CITY MANAGER from time to ti:ne.
2 • 2 CONSULTANT
CONSULTANT shall assign a single PROJECT DIRECTOR to have
overall responsibility for the progress and execution of this
Agreement for CONSULTANT. RO~VD SHARPE hereby is designated as
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the PROJECT IJIRECI'OR for CONSt.'LTM"T. DAVID FRTEDMh..."l sha) 1 be
aS9iqned as the PROJE~ MANAGER for CCNSULT~ and shall represent
CONsiiLTA~ during: the day-to-day work. on the ~'roject. Should
cirC"UlnBtances or conditione subsequ~Ilt. to the e]:..e::ution of this
Agr-eement require a substitute PROJECT DIRECTOR or PROJECT MANAGER
for any reason th~ PROJECT DIRECTOR or PROJECT MANAGER designee
shall be subj.ect to the prior writ.ten approval of the PROJBCT
ENGINEER.
seCTION 3 -SCOPE OF PROJECT
CONSUL~~ shall perform design stage and if directed,
construct,ion administration/management services for buIlding out
the eighth and me2zanine floors af the Civic Center. The detailed
scope of services is ~re fully set forth in Section 4.1 of this
agreement and in Exhibit -A.·
CITY reserv-es the right to require the CONSULTANT to
provide additional services relative to the design, construction
administration a4d construction management whereas said services
are generally described in Section 4.2.
SECTION 4 -DU':!'ISS Of CQNSULT~
4.1 DESIGN STAGE 'BAS!C SERVICES)
Stages of Work. CONSULTANT's Basic Services shall
consist of furniehing only the design stage services for the
buildout of the eighth and mezzanine floors. Th~se Design Stage
Services sball be performed in three phases of vork, as follows:
(a) Initial Study Phase
(b) Preliminary Design Phase
(c} Fi~l Design Phase
Consultant shall perf~r.m the Basic Services in the
customary and usual manner in which qualified professionals in the
field of architecture r civilr structural~ electrical, and mechani
cal engineering, space planning and interior design, as applicable,
~ender their professiona~ services.
Initial Study _~ort Phase
{a} CONSULTANT shall attend ::tn initial
conference with City staff in Palo Alto called by the PROJECT
~ER at: a time and of a duration to be established by the
PROJECT MANAGER~ as described in Exhibit "AI!, to discuss the
requirements of the Project and to provide Consultant information
and araw:inga on the existing building I and develop an a ... ~€!rall
understanding of City'S goalB regarding the buildout.
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(b) CONSULT;.NT shall make at least one
site survey to con!irm as-built conditions on existing building
drawings.
{c } CONSULTANT shall at t end a minimum 0 f
one tr~eting with the Project Review CO!!Ullittee called by the PROJECT
MANAGER at a time and of a duration established by him to discuss
the conclusions of the initial study and any impacts on the
proj ect.
Cd) CONSULTANT shall submit five (5)
copies af the draft Initial Study Report to the PROJECT MANAGER+
The project R.::.viaw Committee and other st-aff comments will be
returned to the CONSULT~~ and incorporated into the final Initial
Study Report.
{e) CONSULTANT shall submit to CITY thle~
(3) c.opies of the conceptual design cost estimate. Tnis estimate
shall establish basic conceptual design costs for the entire
project, including any additional costs identified in the Initial
Study Report.
(II CONSULTANT shall submit to the
PROJECT MANAGER ten (10) copies of the final Initial Study Report.
(g) CONSULTANT shall submit to the
PROJBCT ENGINEER two (2) copies of the calculations~ sketches.
diagrams, con:puter printout.s, and other documents prepared during
this phase of the conB~ltant'S Design Stage Services.
(h) CONSULTANT shall perform its
obligations under this Initial Study pr~se within the t~ period
permdtte~ in the schedule Exhibit -A.·
(1) A£ter approval of the final Initial
Study Rep...;rt, City shall dir-ect CONSULTANT to proceed with the
Preliminary Design Phase Section 4.1.2.
4.:1.2 Prel~narv Desion ~~
(a) City shall provide direction to the
CONSULTANT on issues discussed in the Initial Study Report and as
described in Exhibit -AI. City shall direct CONSULTANT to prepare
prelimdnary design drawings, specifications, the construction
scheduler the preliminary construction cost estimate and the
construction non-disruption plan. These items shall be referred to
as the "preliminary design documents. 'II
{b) CONSULTANT shall prepare and submit
to the PROJECT MANAGER five (5) copies of the "preliminary design
documents· and any other necessary items to determine, fix and
describe the size and character of the entire Project as to
architectural, mechanical, electLical and structural syste~s,
uaterials and other such items required by City staff for review
and approval.
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Ie) CONSULTANT shall-~ork with 'City etaff
to secure approvals of the preliminary Design by the Architectural
Review Board (ARB). If required by City, CONSULTAl'IT shall make a
personal presentation of the preliminary Design to the ARB.
CONSULTA?~T shall attend a maximum of t\iiO (2) meetings at the ARB
during this Phase, as directed by the Project L~nager.
{d) CONSUl..:TANT shall subrr.it to the
PROJECT ENGINEER two (2} copies of each of the calculations,
sketches I -:liagr-ams. computer printouts, and cth2r documents used to
estimate quantities of material and costs thereof (in the form of
a Sta.tement of Probable Construction Costs) .
(e) The Project Engineer shall issue his
'Written approval upon CONSULTANT's completion of the Preliminary
Design pr..ase before c..'ONSl.TLTANT may proceed to the final
Design/Construction Document Phas~_
(f) CONSULTANT shall
obligations under this Preliminary Desig=. Phase
period permitted in the Schedule Exhibit "A.·
perform its
within the time
4 .1.3 Fine.l Desigr.{Construction DoctllTlonts Phase.
[a) CONSULTANT shall develnp final
detailed Drawings, Project Specifications and a listing of all
comments ~eceived during the previou~ review processes to develop
final detailed Drawings. Project Specifications, and other items as
described in Exhibit 'A· setting forth in detail the requirements
for the construction of the entire Proj eet. CONSULTANT shall
advise City of any adjustment in costs set forth in the Statement
at Prot'lable construction Cost .Estimate indicated by changes in
general ~arket conditions. The Contract Specifications shall be
written in conformance with the Construction Specifications
Instit.ute format for secc:ion numbering and organizatio:l~ The
Contract Specificat.ions shall consist of BiddinS and Contract
Requirements (Division 0), General Requirements (Division 1), and
Te:.hnical Specifi.cations (Divisions 2-16). CONSULTANl' sha:l
prepare all required sections of the Contract Specifications except
for Divisions a and 1, which will be provided by City.
(b) Upon completion of the Drawings~
Project Specifications, and other Contract documentB~ COfiBult~t
shall submit five (S) full-size sets of the. Drawings, Project.
Specifications~ and other Contract documents as described in
Exhibit -AI to the City for review and approval.
Ie) If required by City, Consultant shall
make personal presentations of the Final DeSign/Construction
Documents to the City Council, any Council committee to which ~he
Project is referred~ any community advisory group and/or the
Architectural Review Board. the Consult<?l.nt shall attend a maximum
of ODe {l) such meeting during this Phase, as directed by the
Project Manager_
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(d) upon completio;J of the approved final
Drawings, Project Specif1cations l and other Contract docur;;entB,
consultant shall submit one fUll-size set of tracings (reproducibl~
mylars) of the Drawings. project Specifications. a~ld other contract
documents as descri~d in Exhibit rA."
(e) Prior to advertising for bids,
CONSULTANT shall submit two (~) copies of a final detailed esti03te
of the probable construction cost to the PROJECT ENGI~-gBR for
rev~ew and approval.
(f) CONSULTANT sha.ll submit to PROJECT
ENGINEBR two (2) copies of any and all revisions to each of the
calculations, sketches. diagrams, computer printouts, and other
documents that were initially su.bmitted during the Preliminary
Design Phase and any new calculation diagrams, computer printouts
and other documantB.
(g) CONSULTANr shall Rsoist City a~ the
pre·bid conference in reviewing and making recommendations
concerning the Bids for the construction of the Buildout.
CONSULTANT shall be available Ct.t all times to answer inquiries
regarding cont.ractors· questions about the Drawing and Project
Specifications during tne bid period.
(h) The Project Manager shall issue his
written approval upon CONSULT~~TS completion of the Final
Design/Construction Documents Phase for supplying the appropriate
number of reports and documents to the proj e.:t Engineer and
otherwise complying with the provisions of this subparagraph 4.1.3
to the project Engineer's sole satisfaction.
4.2 COHSTRUC'TIQN STAGE SBRYJCES
CONSULTA...~I s Construction Stage Services shall
carmnence with the award of the CO:1struction Contract to the
Contractor and shall ~e rendered in accordance with the provisions
of this Section 4.2 and Exhibit ~A·, provided. upon completion of
the Design Stage Services, the parties first enter into an
amendment to this Agreement whiCh is approved by council.
Construction Stage Ser~iceB shall terminate when final payment is
~Ade by the CITY to the CONSULT~VT or upon expiration of ninety
(90) days after Substantial-completion of construction. CONSULTANT
shall perform the ConstrJction Stage Services in the customary and
usual manner in which qualified professionals in the field of
archicecture~ civil, I9tructural, electrical, mechanical. space
planning a.~d interior design/and construction management. as
applicable, r~r:der thei"r professional services. "Const.ruction
Stage Services r shall include, withou~ limitation~ the services as
may be set forth in Exhibit ~A' and the following:
Ca) CONSULTANT shall nrovide assistance
to the CITY for ~he administration of the constructio~ contract.
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(b) CONSULTA."IT sh-3.11 at all times have
access to the work 'W'herever it is in preparaticn or in progress.
te) CONST..i'LTANT shall mak.e periodic visits
(four to six time~ during tr.e construction period} to the site as
necessary to become familiar wi~h the progress and quality of the
work and to dete~~ne if the wor~ is proceeding in accordance with
the contract documents. On the basis of on-site observations,
CONS'1"]LTANT shall endeavor tQ guard CI.TY against defect.s and
deficienci~d in the work of the contractor including advising and
consulting with the CITY on technical in~tructions to the contrac
tor and may rec~~nd to the CITY disapproval of the contractor's
work as failing to meet contract documents. CONSULTANT shall not
be required to make continuous on-site inspections to check the
quality or quantity of the work, provided that the limited extent
of observation fu.rnished by CONSULTANT in no way shall reduce or
lessen its ability to assure the CI1~ that construction is
proceeding in accordance with contract drawin3's and ~pecifications.
CONSULTANT shall not be responsible for construction means,
methods, techniques, sequences or procedures, or for safety
precautiocs and programs in connection with the work, and shall not
be responsible for the contractor's failure to carry out the work
in accordance with the contract documents.
{d) CO!lStTL'l'ANT shall
technical requirements of the contract documents
CITY on technical instructions to the contractor.
interpret the
and advise the
(e) CONSULTM'"T B hall revi ew and take
appropriate professional action on laboratory, shop and mill tests,
reports of equipment performance, shop drawings, samples, and other
submissions of the contractor for confOrIMnce wi~h tr.e design
concept; of the Project and for compliance with the construction
contract documents.
Cf) CONS0LTANT shall prepare supplemen
tary s~etc~es required in order to clarify or s~pplernent original
contract documents during the Construction Stage of work.
(g) CONSULTANT shall assist the CITY in
preparing change orders.
(h) CONSULTANT shall observe initial
operatiC'1l of the Project, or of performance test,s required by
specifications.
(i) If required by CITY, CONSULTAN'I' shall
assiet CITY in start-up, testing and operation of equipment prior
to acceptance of Project by CITY_
(j) CONSULTANT shall conduct si te visits,
accompanied by a representative of CITY, to determine the dates of
substantial completion and final completion. Further r CONSULTANT
shall make a declaration that the Proj~ct is in conformance with
the design concept and is in compliance with the contract docu
ments.
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(kl CONSULTANT .;hall attend !f,eeting's at
least once €ach week throughouc the Constr~ction Phase with the
contractor a.nd representC"l.tives of the CITY and shall submit to all
concerned minutes of the me~ting at~ended.
(I} CONSULTANT, at its expeose r shall
provide the PROJECT ENGINEER with one copy of specifications and a
complete set of four mil minimum thickness, g:>od quality transpar
ent mylar drawings of the Project, as-built (hereafter referred to
as ~Record Drawings-) ~ In addition, CONSULTANT shall furnish CITY
with copies of all design calculations and similar documents_
(m} CONSULTM"T shall not be responsible
for damages a injuries caused solely by acts or omissions of the
contractor, o. ~nv subcontractor, or any agent or employee of the
contra.ctor or a.ny -subcontraccor, or of any ot.her persons performing
any of the work.
(n) CONSULT~7 shall ~e responsible for
providing the CITY with record drawings and documents of the
construction after final c~letion.
4.3 ADDITIONAL SERVICBS
CONSULTAh~ shall perform Qr obtain any and all of
the following additional services if so authorized in writing by
CITY, and shall be paid as provided in Section 7 of this Agreement:
ia) Provide fir~ncial feasibility or
other special studies.
(b) Make measured drawings of existing
construction when required for planning additions or altera~ions
thereto.
(c) Revise previously approved d ra" •• ; longs ,
specifications or other documents to accomplish changes not
initiated by CONSULTANT.
(d) Provide consultation con~erning
replacement of any w,:)rk damaged by fire or other cause during
construction, and furnishing basic professional services of the
type set forth in this Agreement as may be required in connection
with the replacement of such work.
(e) Provide professional services made
necessary by the default of the contractor in the performance of
the construction contract.
observation
exceeded by
CONSULTANT.
{fl Provide co~~ract administration and
of construction after the contract time has been
more than twenty percent (20%) through no fault of
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(9) Provide servl':es. other
completion of Record Drawings ~~d related PrDject close-out,
final pa~ent to the contractor.
than
after
(h) Provide services as an expert witness
in connection with any public hearing, arbitration proceeding, or
proceeding of a cou~t of record.
(i) Make detailed mill~ shop. and/or
laboratory inspection of ~aterialB and equipment.
(j} Furnish special phot.osraphy. models,
printed reports and additional copies of contract drawings and
documents aboV~ the number specified in this Agreement.
{k) Instruct CrTY employees in the
operation and mainter~ce of newly installed equipment.
{l) Incur travel and subsistence expenses
for CONSULT~~ and his staff beyond those normally required under
Basic Services of this Agreement.
(m} pr~pa~e operation and maintenance
manual.
(n) Perfox~ any other services that may
be a.greed upon by the parties subsequent to the exe.---:ution of this
Agreement.
4.4 GENERAL DUTIES OF CONSULTAlIT
4.4.1. CONSULTANT represents that it is qua.lified
to furnish the services described under this Agreement. CONSULTANT
further declares that one or more members or employees of its firm
and that of its subconsultants l if ~y, are licensed by the State
of California to perform their ser~iceB ~~d that these services
will be perfo~ed by them or under their supervision. CONSULTANT
shall furnish to CITY for approval~ prior to execution of this
Agreement, a list of all firms or corporations to be employed as
subconS\l~tants .
4 ~4.:2 L"ONSm...TANT states that it is aware of the
requirements of the Government Code and the Health and Safety Code
of the State of california relating to access to public bt.dldings
and accotmnodations for physically handicapped persons, and relating
to facilities for handicapped persons. CONSULTANT shall comply
with such provisions in carrying out the terms of this Agreement.
4.4.3 CONSUL~~~ shall prepare in ~he contract
documents alternative bid items l in addition to base bid items, in
compliance with Section 6 hereof and at no ext~a cost to CITY.
".4.4 CITY reserves the right to. retain t.he
services of a construction cost consultant to prepare estimates of
cost independent of thosa pr~pared by CONSTJLTANT du~ins each phase
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of design. CONSULTANT shall meet .... ith the construction cost
consultant and CITY rEpresentatives to resolve rrajor differences in
their respective estimates.
4 ~4. 5 CONStJLTA!\"I' shall furnish CITY with every
reasonable opportunity for CITY to ascertain that the selvices of
CONSULTANT are being performed in accoraance with the r~quirements
and intentions of this Agreement~
SECTION 5 -PUTtEs OF CITY
5.1 CITY shall provide full 1nformation regarding its
requirements for the project.
5.2 CITY shall examine documents submitted by CONSULTANT
and shall render decisions pertaining thereto promptly, tc aVvid
unreasonable delay in the progress of CONSULTANT's work.
S.3 CITY shall furnish environmental. structural~
mechanical and other laboratory tests, inspections and reports as
re~~ired by law or by the contract do~ents.
5.4 CITY shall furnish such legal, accounting and
inaurance counseling services as may be necessary for the Project~
and such auditing servicea as may be required to ascertain how or
for what purposes the contractor has used the moneys paid to him
under the co~truct1on contract.
5.5 The services. information, surveys and repor~s
required by paragraphs 5.1 and 5.3 through 5.5 inclusive shall be
furnished at crTY~s expenBe~ and CONSu~TANT shall be entitled to
rely upon the accuracy thereof.
5.6 If CITY observes or otherwise becomes aware of any
fault or defect in the Projec~ or nonconformance with the contract
documents, CITY shall ;ive prcmpt written notice thereof to
CONSULTANT.
ia} CITY shall furnish
required by CONSULTANT as expeditiously as po~sible.
icfonnation
SECTION 6 -EXCRSS ESTIMATED CONSTRUCTION QQST AND BID
6.1 BIDS IN EXCESS OP FINAL ESTIMATE OF CONSTRUC7IO~L
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1f the lowest responsible bid for the Project received by
CITY exceeds one hundred twenty percent (120') of the amount of the
approved final detailed estimate of construction coat. CITY shall
(a) give written approval of an increase in such fixed limit, or
(bl authorize rebidding of the Project within ~ ~easonable time, or
(c) cooperate in revising the Project scope and quality as required
to reduce the constructivn cost. In tLe case of (el, CONSULTANT~
without additional charge, shall modify the drawings and specifica
tions as necessary to bring the construction cost within the fixed
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cost limit. The provision of t.his service shall be the 1 imi t of
CONSULTANT's responsibility in this re9a~d~ and in consideratioti
thereof, CGNSULTANT shall be entitled to its fees in accordanc:e
with Section' of this A9reeme~t.
6 .2 CONSTRUCTION CQ£T.. ESTIMATE
Statement.s of probable eonst.ruction cost. and detailed
fiLal estimate of construction coat prepared by CONSULTANT
represent its best. judgment. as a design professional faIdliar with
the construction industry. It is recognized, Itowever .. that neither
CONSUl.TANT no!" CIT'Y has any control over the cost of la.bor.
materials or equipment, over the concract.ors' methods of determin
ing bid prices, or over competitive bidding or market conditions.
Accordingly. CONSULTANT cannot and does not guarantee that bids
~ill no~ vary from any statement of probable construction cost or
other c~st estimate prepared by him.
and upon
requests.
described
~N 7 -PAYMENT
Payment shall be made by CITY only for services rendered
submission in triplicate of monthly p::-ogress paytn.ent
Each invoice shall be itemized as to the type of payment
in this section.
7.1 CONSULTANT'S FEES
In consideration for the full performance of the Design
Stage (Basic Services) described in Section 4 of tbis Agreement,
City agrees to pay CONSULTAN'! a fee not to exceed One Hundred
Forty-Three Thousand Eight Hundred Ninety Dollars ($143,890) for
the Design Stage (Ba~ic Services) .
In consideration for the full performauce of the
Construction St.age Services described in Section 4.2 of this
Agreement I City agrees to pay Consultant a fee not t;,;. exceed
Sixty-Nine Thousand Six Hundred Thirty Dollars ($69,630), provided
the terms and conditions of the C~nstruction Stage Ser~ices ~re
mutually agreed to DY the parties in a written amendment to this
Agreement.
The amoWlt of CONSULTANT' B compensation shall be
calculated as set forth in Ex..'1ibit -S-, Standard Fee Schedule,
attached hereto, on a time and materials basis. up to the maximum
amount set forth in this paragraph 7.1.
7.1.1 SubcQnsultants.. Fees for subconsul ta..nts.
hired directly by CONS'i.TLTAN'T. shall bE approved by CITY in advance
of incur=ing such fees.
7.1.2 ~ Mdi tional Services (DPsig+L...s_~.
For CONSULTANT's Additional Services (DeSign Stage), as describ~d
in Section 4.3 of this Agreement, compensation shall not exceed
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Ten Tnousand Dol1~re {$10,000) or as more particularly described in
Exhibits IAII and ·S·. The rate schedulE-s shall be updated on March
30th of each year.
7.1.3 For Additional Servic~ ___ (Construction
Staae). ror Additional Services (Construction Stage) as described
in Sect:'on 4.3 of this Agreement, corr:pensation shall not exceed
Ten Thousand Dollars ($10, 000) or as more paI."ticularly described in
Kxhibits "AI and IBI, The rate gchedu!es shall be updated on March
~Oth of ear.h year.
7.1.4 For BxtJ:A.....Jior}c Qr Changes. Payment for
extra work or changes in the work. not initiated by the COr..StJLTANT
and authorized in writing by the PRC'"JECT ENGINEER shall be lJ1ade
witc.in thirty {30} days of submission by CONSULTANT of a statement
in triplicate of itemized costs covering such work. Prior to
commencing such extra work or changes, CONSULT&VT and CITY shall
agree upon ar estimated not· to-exceed cost for such extra work. In
no event shall CONS~~TJL~ he paid for design work or change order
~reparation which is necessary because of CONSULTANT~s errors or
oversights.
7.1.5 calculation of Direct personnel ____ IDm~.
Direct personnel expense of employees engaged on the Project by
CONSULTANT includes ~e work of architects, engineers, d~signers,
job captains, draftspersons, speCification writers and typists, in
consultation, research and design, in producing drawings, specifi
cat-ions and other documents pertaining to the Proj ect, and in
servic~s during construction at the site. Included in the cost of
direct personnel expense of these employees are salaries and
mandatory and customary benefits such as statutory employee
beoefits, insurance, sick leave, holidays and vacations, pensions
and similar benefits.
7.1.6 Reimbursable Expens~. Reimbursable
Expenses under the Agreement shall not exceed S"2"Ven Thousand Four
Hundred Ninety Dollars ($7,490) f-:Jr the design stag-e nor Two
Thousand Four Hundred Thirty Dollars ($2,430) for the construction
stage. R~~ursable Expenses are in addition to the campen~ation
for Basic and Additional Se~~ices and include actual expenditures
made by CONSULTANT, its employe~B. or its professional consultants
in the interest of the Project for expenses listed in the following
paragraphs:
{al Expense in cOr'Jlection with
Project for long distancp. telephone calls and telegrams and
paid for securing approval of authorities having jurisdiction
the project.
the
fees
over
(b) Expense of reproduction, graphics,
postage and handling of drawings and specifications. except for
those required to be furnished hy CONSULTANT in Section 4 and far
use in CONSULTANT'S office.
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(c) Only ii e.uthorized in advance in
writi.:::..g by CI'rY. expense of overtime work requiring higher than
regular rates, expense-of renderings or models for CITY's use, and
expense of computer time when used in connection with Additional
services under Section 4.
7 . 2 PAYMENT S CJ!E!)Ul¥
7.2.1 For Basic Services. Payments for Basic
Services shall be made monthly in progress payments in proportion
to sen ices performed for each sta3"e. Final progress payment shall
be made by CITY after CONSULTANT has submitted all required Record
Dra~ings and reports.
7.2.2
Additional Services of
made as part of the
rendered.
~ditiQnal Sery-ice:a. Payments for
CONSULTANT as defined in Section 4 shall be
monthly progress payments for services
7. :2 • 3 For Re imhursab1e ...IDcPenses . Payment s for
Reimbursable Expenses of CONSULTAb~ shall be made as part of the
montnly progress pa~nts for eervices rendered.
7.2.4 ~uctionB. No deductions shall be made
from CONSULTANT'S compensation on account of penalty. liquidated
damages, c= ether sums ~ithheld from payments to contractors.
7.2.5 Payment Upon SUBpe~1L.Qr Abandonment of
project. If the Project is suspended for more than three months or
abandoned in whole or in part, CONSULTANT shall be paid its
compensation for services performed prier to receipt of written
nctic~ from CITY of such suspension or abandonment, together with
additional and reimbursable expenses then due. If the Project is
resumed after being suspended for more than one hundred twenty
(120) days, any change in CONSULTANT's compensation shall be
subject to renegotiation and j if necessary, approval by the Palo
Alto City Council. If this Agreement is suspen,:jed or terminated
for fault c-f CONSULTANT, CITY S2hall be obligated to compensate
CONSULTANT only for that portion of CONStTLTANT's services whiCh are
of benefit to CITY.
SECTIQ~· PROGRESS AND COMPLEt~
8 . 1 TIMlLlS OF THE ESSENCE
It is understood and agreed that time is of the essence
of this Agreement, and the Schematic Design Phase of the work shall
start immediat.ely upon receipt by CONSULTANT of notice to proceed.
Work on each successive phase of service as specified in Section 4
of this Agreement shall proceed sequentially by stages and phases
upon written notification and~ until such notification. CONSULTAh~
shall not proceed with any subsequent item of service.
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8,2 TIME OF COMPLETION OF EACH FHAS~
CONSULTANT agrees to perfonm the phased services ~ithin
tbe t~ limits set forth in Exhibit "Ar provided, howev~r, that
any change in the scope of scr."ices IDay require a revised ti.i\e
table.
construction Stage, if any, shall be depend.ant upon the
length of contract, but in no event sholl C~NSULTANT submit Record
Drawings later than twenty (20) days after completion of construc
tion work. as determined by CITY.
CITY agrees to exercise due diligence in performing its
ta3lks to imple-ment the CONSULTANT's time table provided under
Exhibit 'A.·
8.3 CITY'S &!?VIEW AND APPROVAL
Between each phase of work there is a review and approval
period by CITY. The CITY will exercise due diligence to complete
these tasks; however, it is recognized that the interrelated
exchange of informatiC" n among CITY's various departments makes it
impossible to set a s'.Jecific time schedule. Normal1y~ the CITY's
estLrnated period of review and approval will be furnished to
CONSULTANT at the tiD'.E of submission of each phase of the work.
8.4 ~ENSION OF TIME OF CQMPLETIQ~
In the event the services called for under this Agreement
are not. comple"t:ed by CONSULTANT witnin the time specified, CITY
shall have the option to extend the time of completion. This
paragraph does Dot preclude the recovery of damages for delay of
either party.
SECTION 9 -qIANGBs IN WORK
CIT~ may order major changes in scope or character of
work. either decreasing or increasing the ~O'Unt of CONSUL!'rANT~ 5
services. In the event that such changes are ordered. CONSULTANT
shall be entitled to full compeJ:.s~ticn for all work perfol."T!'.ed prior
~o receipt of notice of change. I~~reased compensation for major
changes shall be determined in accordance with Section 7 of the
Agreement, but in no event shall CITY he liable for payment unless
the amount of such extra compensation shall first have been agreed
to in writing by CITY.
In the event that major changes are ordered pursuant to
this 8ection~ the schedule for progress and corupletion in Section
8 of this Agreement and compensation under Section 7 of this
Agreement, shall be adjusted by negotiation between CONSULTANT and
CITY. subject to approval~ if ~ecessary, by the City Council.
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SiCTrON 10 -TER.."'!!NATTON QR ~_~SION OF AGREEMEN'1:
10 ~ 1 CANCELLATION ~y CONSill,TANI
CONSu~TANT may te~nate this Agreement or suspend work
on the proj eet upon thirty DO) days' written notice to CITY, but
only in the even~ of substantial failure of perfcrrrer-ce by CITY or
in the event CITY abandons or indefiniteJy p~stpones ehe Project.
10.:2 CANCELLATION BY CITY
Without limitation to such rights or .t'"emedies as CITY
shall ot~erwise have by law~ crTY shall have the right to terminate
this Agreement or suspend ~rk on the Project for a~y reason, upon
fifteen {15) days' written notice to CONSULTANT, or ~ediately
after subtnission to CITY by CONSULTAN"l' of a.ny completed item of
service specified in Section 4 of this Agreement. CONSULTANT
agrees to cease all work under this Agre~ent upon receipt of said
writt.en notice.
10 .3 CQMI?irnSA1ION OF CONSlJLTM7 TN THE EVEIIT OF TRRMI!i~.:.
TroN QP-= AG&ERM!!NT
In the event of termination of this Agreement or
suspensio'C. of work on tt"~e Project by either CI'l'Y or CONSULTANT,
CONSULTANT shall receive compensation as fellows:
(al For approved iterr~ of service under
Section 4 of this Agreement, compensation shall be in the amount
outlined under Section 7 of this Agreeu;znt for the items of service
fully performed by CONSULTANT.
(bJ For items of service on which a.
notice to proceed t.as beeo issued by CITY, but ~""hich have not been
fully completed and approved, CONSULTANT shall be compensated for
said service in an amount which bears the same ratio to the total
fee othen:ise payable for the performance of said service as tC.l.e
service actually rendered bears to the total service necessarI for
tbe full performance of said item of service.
(c) In no event shall the total compensd.
tion paid in the immeciiately preceding paragraphs exceed the
payment specified in Section 7 for the respective items of service
to be furnished by CONSULTANT.
(di Notwithstanding a-u.ytbing in the
preceding paragraphs~ upon termination for fault of CONSULTANT ~
C~TY &hall be obligated to pay for only that portion of the service
which Can be incorporated in the Project.
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10.4 PUTIES OF CITY A1Iffi CQNSm,/l'MIT
Upon termination of this Agreement O~ Buspensicn of work
on the Project by either CITY or CONSULTANT, all duties of CITY and
CONSULTANT, as set forth in Sections 4 and 5 hereinabove ... shall
tenninc_te.
SACTIQN 11 -CONSULTANT I $ ACCOUNTING RECOEDS
Records
Proj ect shall be
accounting basis
convenient times;
of t.he following expenses pertaining to the
kept by CONSULTANT on a generally recognized
and eilal1 be available to CITY at mutually
consultant expenses.
(a) Direct personnel expenses, including
(See Section 7 of this Agreement.)
(b) Reimbursable expensea. (See Section
7 of this Agreement) •
Services.
(0:) Expenses pertaining to Mditi.onal
(See Section 7 of this Agreement.)
SECTION 12 -OWNERSlUP OF OOCUME!>'TS
12.1 Subj ect to the provisions of Paragrapll 12.2 belaW',
the original draW'in9s~ maps, plans. designs, recurds of survey,
work cata. specifica.tionEl, and other documents prepared by
CONSULTANT in the performance of thi.a Agreement. alt:bough instru
ments of professional service, are arod shall be the property of
err! whether the work for which they are made is performed or not.
~2.2 Upon termination under Section 10 of this Agreement
and upon CITY's payment of the amount required to be paid unGer
same section, the originals and all drawings, calculations,
specifications and similar documents become the property of CITY,
and CONSULTANT shall transfer t:1.em to CITY upon request without
additional compensation. CITY shall have the right to utilize any
completed or uncompleted drawings, estimates. specifications. and
other documents prepared hereunder by CONSULTANT; however I CITY
shall indemnify CONSUL']'AlIT against any loss whiCh may be caused co
CONSULTANT by such use and Teuee.
SBCTIQN 13 INTEREST OF CQNSlIli!'ANT; CORSill,TAN'!' INDEPEN·
DENT OF CrTY
In accepting this Agreement, CONSULTANT covenants that it
presently has no interest ~ and shall not acquire any interes.:.
direct or indirect, financial or otherwise, which would conflict in
any manner or degree with the performance of the services hereun
der. CONSULTANT further covenants that, in the perf~rmance of this
Agreement. no subcontract.or or person having such an interest shall
be employed_ CONSULTANT certifies that no one who has or will have
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Cl-ny financial interest under this Agreement is an officer or
employee of CITY.
It is expressly agreed that in the perfotli\.ance cf the
professional services required under this AgrEement CONSULTANT, and
any of ita subconsultants or employees, shall at all cimes be
considered independent contractors and not agents or employees of
CITY.
SECTION ~4 -OUTSIDE CONSULTANTS
CONSULTANT shall be responsible for employing all outside
consultants (subconsul tants} necessary to aid CONSULTANT in the
perfo,nnance of the services listed in Section 4 of this Agreement;
provided, howev~r, that all such subconsultants shall receive p~ior
approval of CITY in writing and shall remain acceptable to CITY
during the term of this Agreement.
SECTION 15 -INDEMNITY
CONSULTAlIT agrees to indernnify~ defend and hold harrroless
CITY, its officerB~ agents, ~d employees from any and all claims~
demands or liability of any nature, including death or injury to
any person, property damage or any loss, caused by or arising out
of CONSULT~~'sr its officers' j agents', subconsultants' or
a~lcyees' negligent acts, error~ or emissions, or willf~l miEcon~
duct, or conduct for which the law imposes strict :i...iability ,:m
CONSOLT~ in performance or failure to perform this Agreement.
SECTION 16 -INSURA~CB
lE.l WMllITY lNSllRANCR
16~1.~ CONSULTANT, at its sole cost and expense,
shall obtain and maintain in full force and effect throughout the
entire term of this Agreement the insurance coverage, insuring Dot
only CONSULTANT, b~t also (with the exception of .... orkers' compensa
tion, employer's :J...iability insurance and professional liability
insurance), CITY. its officers, agents, and employees, and each of
them but only in regard to this Project as shown in Exhibit "C W to
this Agreement, which is attached hereto and made a part hereof by
this reference.
106 .1. 2 cert.ificates of such insurance, preferably
on the forms provided by CITY~ shall be filed with CITY concurr~nt
ly with the execution of this Agree~ent or, with CITY'S writ~en
approval I within ten (lO) days thereafter. Said certificates shall
be subject to the approval of the Risk Manager and shall contain an
endorsement stating that said in&urance is primary coverage and
will not be cancelled or altered Dy the insurer without thirty (30)
days prior writ.ten notice t.o CITY of such cancellation or altera
tion, and that the City of Palo Alto is named as an additional
insured (except in policies of professional liability insurance) "
CUrrent certificates of such insura.nce shall be kept on file at all
times during the term of this Agreement with the City Clerk.
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16.2 CORRECTiON OF ANY ERRQRS. OI".!ISSTONSt AND .,A!tti8IGU
ITIBS IN CON'I'RAC1' poctJMEJIT9
Any errors. omissions, or ambig-tIities in the contract
documentg prepared by CONSt~TAh~ which are discovered before the
P~oject i~ out for bid shall be corrected by CONSULTANT without
cost to CITY. CONSULTANT services required to make changes in
construction resulting from errors, omissions. or ambiguities in
the contract documents which are discovered after the contract is
awarded shall be performed by CONSULTANT without cost to CITY only
insofar as they result in unnecessary or Don-beneficial changes in
construction. CONSULTANT services required to make changes in
construction resulting from errore, omissions. or ambiguities in
the contract documents which are discove=ed 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.
SICl'rQN 17 -WQRKERS I COMPENSATION
COl.rSu"LTANT certifies that it is aware of the provisions
of the Labor Code of the ~tate of california which require every
employer to be insured against liability for workers' compensation
or to undertake self-insurance in accordance ~ith the provisions of
that Code, and it certifies that it ~ill ccmply with such provi
sions before cOII'IIleDcing the performance of the work of this
Agreement.
SECTION 16 -AUDITS
CONSULTANT agrees to permit CITY to audit. at any
reasonable time dur.ing the term of this Agreement and for three (3)
years thereatter, CONSULT~~~s records pertaining to matters
covered by this Agreement. CONSULTANT further agrees to maintain
such records for at least three (3) years after the term of this
Agreement.
SECTION 19 -AGREEMENT BINDING
The terms, covenants I a-·' conditions of this Agreement
shall apply to, and S!hall bind, tC. _-:eirs, successors, executors,
administrators, assigns, and subcontractors of both parties.
SHerION 20 -NQNASSIGNABILITY
20.1 ~NAL SERVICES OF CQ~Illm:
Both parties hereto recognize that this Agreement is fQr
the personal seIVices of CONSULTANT and cannot be transferred,
assigned, or subcontracted by CONSu~TANT without the prior written
consent of CITY.
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20.2 SSRVICBS OF S_~CQNSu"LTANT$ A..lID THEIR ~WLOYEE~
CONStrLTAl'Il"T sha~l bl";: responsible for employing or engaging
all persons necessary to perform the services of CCNS%TANT
hereunder. No subconsulca.."lt of CONSVT.JTANT will be recognize::d by
CIT! as such; rather, all subconsultants are deemed to be employees
of CONSULTANT, and it agrees to be resFonsible for their perfo~
ance. CONSt.TLTANT shall give its personal at.ter.tion t.o the
fulfillment of the provisions of this Agreement by all of its
employees and subcotlSult,ants I if an~{ ~ and sp.all keep the work 'Jnder
its control. If any employee or subconsultant of CONSULTANT fails
or refuses to carry out the provisions of this Agre~ent or appears
to be incampeeent or to act in a disorderly or improper ~~nn2r, he
or she shall be discharged immediately from the 'Work under this
Agreement on demand of CITY~
SECTION 21 -BELIANCB UPON PROFESSIQNA[! SKILL OF
CONSULTANT
It is mutually understood and agreed by and between the
parties hereto that CONSUIJTAN'I' is skilled in the professional
calling necessary to perform the work agreed to be dane hereunder
and that CITY relies upon the skill of CONSUI:TANT to do aDd perform
the work in the most skillful manner, and CONSULTANT agrees to thus
perform the work. The acceptance of CONSULTANT's work. by CITY does
not operate as a release of CONSULTANT fram said obligation.
SECTION 2, -NO IMPLIED WAIVER
No payment, pa.=t.ial payment, acceptance or partial
acceptance by CITY shall operate as a vaiver on the part of CITY of
any of its rightB under this Agreement_
SECTION 23" -WArnES
The waiver by either part~ of any b~each or violation of
any term, covenant, or condition of this Agreement or of any
prOVisions of any ordinance or law shall not be de9f[l.ed to be a
waiver of such term , covenant, condition, ordinance or law or of
any subsequent breach or violation of the same or of any other
term, covenant., condition, ordinance or law. The subseqo...lent
accept~~ce by either pc..rt:.y of any fee or other money which may
become due hereunder ehall not be deemed to be a waiver of ~~y
preceding breach or viclation by the other party of any term,
covenant, or condition of this Agreement or of any applicable law
or 0 rdinanc e .
SECTION 24 -COSTS AND AITORft4~ys' FEES
The prevailing party in any action brought to enforce the
terms of this Asreement or ariSing out of this Ag:r-cdITlent may
recover from the other party its reasonable costs and attorneys'
fees expended in cor..nection 'With such an action.
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SECTIQN 25 -NQNDIS('RIMINATION; PENALTY
25.1 DIm OF CONSULTANI:
No discrimination shall be r:tade in the employrneut. of
per:1ons under this Agreement becau3e of the race, color. national
origin j ancestry, religion or sex of such person. If th~ value of
this Agreemer.t is, or may be, Five Thousand Dollars ($S,COO) or
more, CONSULTANT agrees to met all requirements of th~ palo ~to
Municipal Code pertaining to nondiscrimination in employment,
including completing the "Compliance Report--l-:ondiscrimir..ation
provisions of City of Palo ~to Contracts· on the form furnished by
CITY and attached hereto as Exhibit ~D~ and made a part hereof by
this reference.
25.2 PENALTY lI'OR DISCRIMTNATJQ,r!
If CONSULTANT is found in violation of the nondiscrimina
tion provisions of the State of California Fair Employment
practices Act or similar provisions of federal law or executive
order in the performance of this Agree~~nt, it shall thereby be
found in material breach of this Agreement. Thereupon, CITY shall
have the power to cancel 0= suspend 'Chis Agreement, in whole or in
part, or to d.,,=d.uct from the amount payable to CONSULTANT the sum of
TWenty-five Dollars {$25) for each person for eacD calendar day
durin~ which such person was discrimin~ted against, as damages for
said breach of contract, or both. Only a finding of the State of
california Fair Employment Practices Ccmmission or the equi 'alent
federal agency or officer shall constitute evidence of a violation
of contract under this section.
If CONSULTANT is found in violation of the nondiscrimina
tion provision of this Agreement or the applicable affirmativE:
action guidelines pertaining to this Agreement, CONSULTANT shall be
found in material breach of this Agreement. Thereupon CITY shall
have the po·..,er to cancel or suspend this Agree.."n6nt, in whole or in
part, or t~ deduct from the amo~t payable to CONSULTANT the sum of
Two Hundred Fifty Dollars ($250) for each calendar day during whiCh
CONSULTANT is found to have been in such noncompliance as damages
fer said breach of contract, or both.
S.ECTION .6 -.MlUTRAIION
Upon agreement of the parties any controversy or claim
arising out of or relating to this Agreement may be settled by
arbitration in accordance with the Rules cf the American Arbitra
tion Association, a..'ld judgment upon the award rendered by the
arbi trators may be entel."ed in any court having jurisdiction
thereof.
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SBCTIQ~ 27 -NOTICES
All notices hereunder shall be given in writing and
~ailed, postage prepaid, by certified ~ail. addressed as follows;
To CITY:
To CONSUT ... TANT!
Office of the City Clerk
250 Hamilton Avenue
Palo ~tO, California 34301
Attention of the PROJECT ENGINEER
at the address of CONTRACTOR recited
above
SBC'fIQN 18 -ALL COVENANTS ARB CONDITIONS
All pr'ovisions of this Agreement are expressly made
conditions.
SBCTIQN 29 -AGRRRMRm CONTAINS ALL UNDERSTANDINGS
AMRNPMRNT
This document represents the entire and integr~ted
agreement between CITY and CONSULTANT and supersedes all prior
negotiations, representation8~ and agreements. either written or
oral.
This document may be amended only by written instrument,
signed by both CITY and CONSULTANT.
SB CTIQN 3 Q -GOyERL"iING LAW
This Agreement shall be governed by the laws of the State
of california.
IN WITNESS WHEREOF, CITY and CONSULTANT have executed
this Agreemer-t the day a~d year first above written.
Cl TY OF PALO ALTO
City Clerk Mayor
APPROVED AS TO FORM: FORELL/ELS"ESSER ENGINliERS, INC.
By,Dw)dCU=-~
Sr. Asst. City Atcorney
Its: \hc.e. Preffioo-rr
APPROVED:
Assistant City Manage~
Taxp;aye:r Id:nt.if.ication No. "'14 -/ (,92e1 Eo~ ___ _
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Director of Finance
Director of Public Works
Risk Manager
APPROVED MJ TO CONTENT:
Engineering Department
At tachments :
EXHIBIT 'A':
EXHIBIT -B':
EXHIBIT lie-:
EXHIBIT -D-:
EXHIBIT '8-:
SCOPE OF PROw~CT & SCHEDULE
RATE SCHEDULE
INST.."RANCE
NONDISCRIMINATION COMPLIANCE FORM
DEFINITIONS
Palo Alto Civic Center
Tower Build Out Proje-;t
C[P #20213
PRCPOSAL FOR PROVIDING PROFESSIONAL DESIGN SERVlCES
1NTR000CTlQN
EA.'1{1BIT A
The purpose of this project is to provide additional office space within the existing Tower
Building by enclosing and building out the unused area on the e<isting eighth floor
(hAIlway~bby area plus southern half) a.~d by building out the non-utilized areas on the existing
mezzanine floor level, see Figures I and 2.
SCOPE OF SERVICES
The 1991 Uniform Building Ctxk (UBC) look effect in Palo Alto on 11uly 92. The exiting and
seismic requirements b the new UBC are more stringent than previous editions. The report by
WAC previously oompleted in 1982 titled "Seismic Risk Study of Palo Alto Civic Conte<" shall
be ,",".ewed and aDdressed. The Building Department will be consulted and its intupfetation
of the new exiting requirements and L"le acoeptabIe seismic design cri teria will be det.ennined.
The ForelIIEIsesser Engineers, Inc. Design Team proposes to provid. professional services in
two stages; the design stage anci the construction stage.
Dr$ign StAge
Initial Study Phase
There arc a number of items to be studied prior to proceeding with prelimina.')' design. These
items will be part of an initial study report and shalJ include structural support, seismic
resistance, required exiting induding impact an existing building exits, HV AC, electrical
'SerVice, communicatioJ'ls, plumbing and Americans with Disabilities Act (ADA) requirement'li.
After rooeiving direction from City Staff, the Design Team will attend an initial ecruerenee with
City Public WorksIUtilities Staff to gain further insight into the project needs, confirm the
project schedule and obtain any existing drawings, calculations 3lld other data not alreaDy
aoquiI<d. The ForelllElsesser Desig. Team will make • sile survey, and confirm as-built
conditions en existing building drawings provided by the City_ The Design Team will complete
a building code analysis and meet with the Building, Fire, and other City Departmenl, to
determine City Staff requirements concerning t.x.iting, ADA, resttooms, he2ting. ventilating.and
air conditioning (HV AC), elcct.i-:a1, and impact on ather floors. The inilial study will include
an a.ssess.menl of the required expansion, additions a.'ld/or modifications to the tower HV AC and
electrical systems.
A presentation wiU be marle to the City's Project Review Commlttoe of the Initial Study Report.
'I11..ls report shall deflne recommendations necessary to meet the seismk. structur.u., exiting,
ADA, HV AC, electrical, mechanical or any other requirement';. to build out the mezzanine and
\
Palo Alto Ci .... ·ic Center
Tower Build Out Project
CIP #20213
PROPOSAL FOR PROVIDING PROFESSIONAL DFSlGN SERVICES
8th floors. 'The committee's comments wili be incorporated into the final dr.aft of !he fnitiaJ
Study Report and five copies .:iubmitted to the Cit), for Teyicw a.,d approva.!.
Upon receipt of direction and autl,orization to proceed wit.~ preliminary design from the City,
the ForellfEl5esser Design Team wi.l.l prepare preliminary design drawings, specifications, rost
estimate and final Design Construction Documents. A construction schedule oIi1ld construction
cost estimate wiil be prepared and submitted. The main work tasks of this stage shall be as
follows:
1. Preparation of preliminary structural, architectural, c!ectricaI, mechanical and
interior space design drawings showing required structural and architectu..ra1 work
and modilicatior..s to mechanical and electrical systems required 10 accommodate the
structural and architectural work.
a. Structural: Sen'ices. The construction project includes adding floorspa.ce to
the mezzanine floor level and building-out the 8th floor area wit..,.in the existing
building shell of the Tower. The structural services will encompass structural
framing for the build out areas including floor, wali and ceiling framing. Any
required structural stJd'lgthening of the tower wi1l 'be identified in the Initia1
Study Report.
b. Architectu rat Services. The architectural services shall include architectural
drawings and specifications for the Tower Shell and Core areas (excluding
space plamung, finishes, and fUITliture -see Interior Design). Upgr.ldes to the
portions of Ih< building other thar. within the areas to be added or modified
(i.e. the 8th and mezzanIne floors) are not part of this Scope of Services.
Architectural Services shall include two meetings with the Architectural
Re,".ew Board (ARB). Renderings of the Civic Center are not required.
Minimal ch"wings and photographs (photos to be provided by City Stafl)
showing. non.t and side elevatioo views of the tower shall be used to convey
to the ARB the visual impact of placing windows between the 8th floor and
roof.
Upgrades to the mezzalline and 8th floors to comply with the 1991 Edition of
the Unifonn Building Code special provisions on high-rise buildings in Section
1807 and requirements to existing high-rise buildings in California. Title 24
1989 Amendments, Sections 1733 through 1747 and the Essential Service, Act
(in so far as feasible) are part of the proposed Scope of Services. Upgrades
to the remainder of the building to comply with thf'5e sections or with
prm-isions of the Essential Services Act are not a pan of the proposed scope
2
Palo Alto Civio Center
Tower Build Out Project
CIP ,20213
PROPOSAL rOJ< PROVIDING PROFESSIONAL DFSIGN SERVICES
" -"
of ser .... ices. Upgrades to the rem.ainder or the building to comply with the~
sections of Ille Code w.ll be completed as part of ,",other proj:>:'. independent
of this agreemetll.
Additions or modificatioos to the exterior cf the building except for added
fenestration and modifications to the existinr roof are not a part of the
proposed SeoP'! of Services:.
c, HV ACiElectricallPlumbing Sen ic", " The HVACIElectricallPh,mbing
sendces 'Q.ill include drawings and specifications for the Tower shell and core
areas at the eighth floor a.1d mez!aJ1ine buildolJt areas; provisions fo~
communications hook-ups will be included. The fees listed in Tabte 1 are best
estimates based on anticipated service.3. to comply will} the requirements of the
UBC j Title 24 and Essential Services Act for the buildout areas.
Additional requirements by the City's Building Department for building out the
HVAC, Electrical, Plumbing and Fire protection over and above what is
required by the UBC, Title 24 and ,he Essential Services Act (such as listed
below) shall be considered. as extra sen'kes. The foil.owing items are a part
of t"'l.e ~ighth floor and mezzanine buiJdout project, but are not being prO'¥ided
in the remainder of the building.
1. The llpgrade of the existing fire alarm system for confonnance to
california Administrative Codo (CAe) Title 24, ADA, N.tion.a] Fire
Protection Association (N'FPA) or any other requiremeilt by UBC or
insurance carrier.
2. Addition or modifica.'~ons to exis.ting life safety requirements other than
exten~on of existing services,
3. Any testing of existing systems.
d, Space Planning and Interior Design Services, The Spa", l'lanning and
lnterior Design seI'\;ces will include:
SPACE PL-'\NNING, includ.ing workstation analysis, layout, incidental
spet.."ifying of new fumi srungs. and mov~ coordination.
3
Palo Alto Civic Center
Tower Build Out Proj ect
elF 120213
':'~~,-
.~; ;--'" :~.
~ .
~" .
PROPOSAL FOR PROVIDING PROFESSIONAL DESIGN SERVICES
INTERIOR DESIGN· Design and speclfication. for the finish materials of the
new space including flooring materia!, wall surfaces, ceiling systems, SOLInd
mas!cing systems, acoustic ,,'all materials, a.r.d color system.'i.
NON· DISRUPTION PLAN, including development of spedfic
plans/specification! to mitigate effect of COl1strJetion on City employees.
2. Preparation of final design dfAwings, technical specifications and assist:ance to Cit)'
Staff with deveJ.oping Divisions 0 &: I specifications which include fonns and
instructions necessary for bidders.
3. Preparation ofa C~nstn;ction Plan including the Non-Disruption Plafl, ronstruction
schedule and construction cost esti mate_
4. Assistance to City SLaff during the bidding of the project.
Progress meetings shall be held .. ith City staff to keep them informed a,d to incorporate City
review comments..
Construction Shire
During the construction .stag: the ForeWElsesser Design Team representati Ve& shall furnish
<:OnS1ruction admiraistration servlCCS. Cons.truction mdJiagemem services v.'ill be provided by
ForeUlEJsesser Engil1een, Inc.
Construction administration services "\l,ill ir.dude the following:
a. Visiting the site periceically (4 to 6 times during the construction pence) to insure
that work is proceeding in acoordance with the design documents.
b. Review shop dra";ngs sub"utted by Ille contractor.
c. Prepare-changes to the drawings and/or specifications.
d. Prepare change orders a.'ld proposal requests (PR',).
c. Respond to the contractor's requests-for-infonnation (RFrs).
f. Furrlsh City with Record Drawings.
Construction management 5ervlCCS shall be as foUows:
a. Schedule and conduct the precon"irrucrion and weekly ccnstruction meetings to
discuss procedures, problems, prog.·~s and scheduling.
b. Preparation and distributi.on of meeting minutes.
c. Process and coordinAte shop drawings, RFI's, FR'.!>, etc. with City staff .
.. ~---...,...--
•
I
~
I
Palo Alto Civic Center
Tower Build Out Project
ClP f20213
..
" ....
<, .. ""-. ----~ ..........-"--..-.-.. -----
PROPOSAL FOR PROVIDING PROFESSIONAL DESIGN SERVICES
·' .-
d" Make nx:ommenc:l.ations to th~ City regarding applications for payment, change
orden and general a.dministration of the construction con tract.
The City of Palo Alto 'Will be responsible for obtaining and directing Lie project's Resident
Inspector.
REfMlUIRSABT FS
!be 0Jsts of reproduction and printing ,"ill be reimbursable as specified in the Agreement
PROJECT ORGANIZATION
The project work. will be coordinated by ForelllEbesser Engineers, Inc. as prime coruuitanL
David Friedman will be project manager and will be assisted by qualified staff. ForelJlElsesser
proposes 10 retain Woodsool1!arksdaJe, Architects, Palo AlIO; ENCON·Me<:hai1ical &. Eleotrical
Engineers. Los A11oll; and MockIWallace, Architects (Space Planning &. Interior Design), San
Francisco as consultants on the project Cost estimates will be provided by Adamson
Ass<lciaIes.
FEE FSTIMATE AND TIME SCHEDUI,E
Following is • cost estimate and preliminary time schedule f"" the completion of the proposed
scope of work. TahIe 1 shows a summary of costs for the prime contractor and subcontractors.
The budget esti""'te of Table 1 represents our best estimate of project costs based on cun'Ol1t
information and our understanding of the project. The estimate could change jf conditions
actually encountered differ from Ehose assumed herein, For purposes of the. fee estimates, it is
aSS\lined that all required services will be completed in calendar years 1992 and 1993.
5
'."
"'#f;.
Palo Alto 0\1 ic Cell ter
Tower Bui1 d Out Project
CIP 120213
PROPOSAL FOR PROVmlNG PROFESSIONAL DESIGN SERVICES
PALO ALTO CIVIC CENTER
8TH AND MEZZANINE FLOOR BUlLDOUT PROJECT
PROPOSED f'EE SCHEDULE
CONSULTANT
STAGE FiE WOODSON! MOCK! ENCON ADAMSON
ENGINEERS IA1lKSDALE WALLACE ASSOCIATES
~· ... c , -Projed.~ 14,000 ----
Imtitl SI»6)' Report ',000 • ',600 1,100 5,:80 1,100
""''''''''''' ""'" 10,000 ',900 2,750 ',900 3,300
AllBw-ap 1,000 3,300 ---
J=ia,I.! Dn.willp a. SpceilicationI I 20,000 J.4,300 ',500 16,500 1,000
N....tI. i 'CfI P!u. 2,200 1,200 -
Addtioa&l ~~ -'.400 iI" "'" 770 -
.AaIiDnec elwin( Bidd"1A( ',000 1 ,f,jO 550 1,7M -
s._DsIp $&2,600.00 SJ',LlMO $Il,540.00 $34,.2.10.00 $5,400,00
C • =c* ...,.', "
c • Adm' . ..... 7,000 6,600 1,69.l 6.~8\l
~ServiocI
-" 1,000 SSQ 44<l "'" -
ConJlruc:tioD Malu.,&e:ma\I ",= ----
Sabtotal Coasbvdio.a S5Ci,!)()(tOG 51,150.00 1i2,090.00 $6,m.1II:! 1 so.oo
fP'~: O1.1G.pp.]
TOTAL
'14,109
ntI ....
m,ISG
~
$57."'"
"' ...
$16,000 -
$7,490
$7 ....
$16I~,OO
$21,~
S18,000
$2,01
$48,000
$82,0.0.00
-... -~---~->.-.. -,-,-'----... ~-------'--.-.-~---.... '"
Palo Alto Civic Center
Tower Build Out Proj IX'
CIPI20213
PROPOSAL FOR PROVIDING PROFESSIONAL DESIGN SER'y1CES
DESIGN
Initial Study
City Review
Preliminary
City
Review
Final
Construction
Docum"'t
City
Review
Final
Bid
Document
fudding
Award
Construction
Period
PAce TOWER BUlLDOur
Preliminary S<-lledule
(Weeks)
• Dependent on Final Alternative Design selected.
:u.... 2'3 °';<2
I -
.-,..". :
~t:.-~ • --'.
----------------
", .. ,
FiE PROJECT 9127
CITY OF PALO ALTO PROJECT DIRECTORY
PACC TOWER BUTLDOUT PROJEt."T
CIP NO. 20213
PROJECT PRIME CONSULTANTI
STRUcroRAL
ForelilElsesser Ellgineers, [nco David Friedman 415/896-0066
539 Bryant Street Roland Sharpe FAX 4151m4294
San Francisco. CA 94107
ARCHITECT
Woodson/Barksdale Archite<:ts John Barksdale 415/856-1700
860 East Charleston Road. '100 FAX 415/424-8987
Palo Alto. CA 94303
INTERIOR DFSIGN/SPACE PLANNING
Mock/Wallace Ron Wallace 4151626-6868
1108 Bryant Street FAX 4151552-9942
San Francisco. CA 94lO3
MECHANICAUELECTRICAU
PLUMBINGiCOMMUNICA nON
Encon Bob Trifunovic 4151961-8095
4940 EI Camino Real FAX 4151964-3754
Lo, Altos. CA 941122
COST ESTIMATOR
Adam~ Associates Marti n Gordon 4151981-1004
170 Columbus A venue FAX 4151981-1419
San Francisro. CA 94133
'll" PAC'etm:,
FoREUJELSf.sSER F~'lGlNEERS, lNC.
Hourly Billing Ra\eS
As of January I, 1m
Senior Principal:
Principal:
Associate:
Senior Engineer:
Engineer:
Drafter (C,~i)):
Typist:
$ 135:bour
$ I05-12Slhou,
$ 81).e 90."00ur
$ 75-80m our
$ 60-70100u,
$ 60-6Sihour
$ 45fhour
• NOTE: All houdy biUlr.g rates are subject to annual increase.
FOR-ELL. ELSESSER ENGINEERS. INC.
-.. -"
]UN 18 '92 13:~3
ENCON
E.NERGY • COI\'ScHv/"TION • CCMf'ANY
A.
STANDARD FEE SCHEDlILE
FOR
CONSULTING ENGINEERING SERVICES
Basic Servi,e
Servi!;e Hourly Rate.
Principal $110.00
Engineer S80.00
Designer 56.1.00
Production S55.00
B. Rate for services outside of California (ba.,ed on doily rate plus air fare),
living eJlpenses are included.
Service
Principal
ELlginee r
Sunday or Travel Day
Daily Rateli
1800.00
S700.00
1500.00
C. F .... and expem. billing> rend.red monthly. Payments are due 3{) aays net
[rom date of invoice.
D. Addie anal Ch arge,
1. Out of pocket upenses: shipping. long distance telephone charges,
printing or reproducing documents.
2. Sales, use, excise taX and any other duties dlrectly Telated to the job.
:-.late: All ""P.= will be invoiced on the basis of direct cost plus 10%.
4940 Ei Camino Real. los AJtos • Cali~orrua 94022 • U,S.A.
Tel. r4~5) 961·8095 USA PrOJects, (415) 964-8285 Ollerseas Division
FAK.. 14'5) K4·3754
£"PO"$&;:
COnStJi!an( Fees nd .
COS! Plus 15% to acov:;I~~~~~~~~" EXPbenSf:
S
tJre biIJed at
qnee Urden,
•
112 City of Polo Alto i:XH:::3IT C
Insurance Requirements for Contractors
COtmlACTOR ~~-~----+I---~---~
CO~"" __ ~~RCIN"TO_A __ -t
CON"TAACT [)£SCRIPTION
Pat Stone
Civic Cente.r Build Olt (consultant;
GENERAL TERMS AND INSTRUCTIONS
CON~S TO THE" cr-;Y OF PALO Aim. ATT:-jE:IR SOLE EXPENSE, SHALl OBTAJN ANCl MAINTAJN INSURANCE FOR THE-TE;:rM
Of" THE CONTRACT. CONTRACTORS WILL BE RECUIRED TO PROVIDE A CEFITJFICATE EVIDENCING THE INSURANCE A,N~ NA~JlI!,;G
THE: C'TY ,IS AN AOOITlONAl ~NSlJRED
mE CE"RT!F1CATE OF INSURANCE MUSi BE COMPLETED AND EXECUTED BY AN AUTHORIZED AEPRESENTAT~VE OF" Tf-'E CO"-~P,Q.~,;y
PROVIDING lNSUFIANCE:, ~lLEOWITH THE CITY, Atm APPROVEtlBY THE CITY'S RISK MAI\IA3ER 8EFO~E TI-IE CONl'F<.,t,CT W~LL
BE' CONSIOERED COMPLETE !oS RESPECTS INSURANCE.
THIS INSTRUCTION SHEET SHOULD BE GIVE'-4 1'0 ¥OUR iNSURANCE AGENTIBROKER W'TH THE REOUIRED CEf=mFIG.tl,i:E FOR1,:
AE:IJRN THE COMPLETED CEATIFlC.lo.TE TO THE CITY OF PALO ALTO comAAC1'jNG DEPARTMENT
THE rNSU.RANCE COVERAGES CHECKED BELOW ARE REaurREC FOR nus CONTRACT.
-~-~~,;-oo;;;£~~~--~ -----~,
STATJTCR';'
B ~H~M: !'".LI(Ei'W. !.IASILrr'i IHCWOt-;:----r;8~~-~;~~~-
• .P~SON ... l ~URY I =>F":-PE-~~ :JiI,MA.:;.e
• B~ FOfI.M l'tl.o"eRr-.,. DAM'-,:'£ r----··---
• Bt.»i><E-r CON1"P..ACTiJAL I El'::'u~L" Ii'JJ'-''1'·'' "R')PE;::r-~
• RFIE L..=G,~ U"l"!i:'i"!"Y \ 0""'''':3" CQr",?,;r.O':l
gCOMPREH~ ~;;~--~----~-BOul~.~;~-,,::~--';G-S-;,:
UA8il.IT"t )Hr.UID\»ro ~_SrJDI~" IN_Jy_~~:_rE"~' ~!_"~e,
• OWt,E:' , Pi'ioPERTY "'-... fA"'::;;:
• HlREO 1---80DI ~~-;;::~~~P;C:;;-;;;--:-
• NON-("r:",E';> I D~,~~ C,?~;;;I~t~, ______ _
• , .. ""PR,IoC7ICt:: II" ,.,f>Pt.ICAELEj
L • rlf-GllGE"{T PERFORM .... NC.C'C. ____ _
f2f.H.E CTTY OF PA.LO AlT'C' IS: TO BE $lA1IIIEJ:i .lS Atrrii AOOiTIONAl IN'SUREC o NO NSU~ CE:I'tTlFICAT£ ,:ceO\JlREO
S'10RT FORM
A... The Crt)' O'f Palo Arlo. ~ otI'C'9T1;, a~m. and emo1OJE'eS ,;i(e <'1,;i""pd as ad~lllor.ar 'rls:Jrt!,j but or-Iy as 10 wv'il poer1or<'T1ffl un::fer conlraCi &tIC ~:no€?~';:O :'
as 'Iu the Crt)' of Palo AItC, etc,. &tI.a11 be pmna') c:~r,;ige, wllr-,o~ ctrs~ ligains: Crt(s e;(ISllrg 1T1.EilJrancoe aOlc! an) t't~,.n Insurance :a,,,j>~' ~\ ::'1€ C ~'j
.beinllilt¢1jli,$. insurar.ce Or1/y,
B ~ tnt ~ lnO'Ohooes gra.di~, p.a,'ing, e~ca ... allng< drl:llng Of ~"er IJr\Q'9'9'll;.Jr'd WO":' :" .. pe,l,er ,[';Iudes c'eS1r~C1I'::'" oj ""r~, roT'::Iurts p·~,€,s .-~:"~
0( CItH!. ~milar prO'f)':~,. 01' <lrl)' a.ppara~us 111 COMtod,",n I~e;@' .. ,:~ tlel-ow .-j'r.c-SUr/iIIC€' o! tt>€ iro".,r:; whelhe-O'II'1@o~ b') l""d parties 01 me Cit) :" FC": "'11:
C Where Itle WQl'I( fJ'lVO'1'eS eJr:c:avalmg, collapse CO"'\!lrage IS pro-.'IG t::' m lhe ;;l'nOU'11!l at: cc .. e
C. Tr. poIiC)' iI\CI~ •. 'Se>oerat<~ty af Intenst" pro...t$~n
E. Decluetlblfts 0II'ef SStJOO.ooo ml.lS! be' j!1dl~ aM ara S-IIb~~ to i!:Dpr,,'.'al
F If stK:h pollcills are C8l1(:iJloed '" changed dunn" tnli perlOO 01 CO'l"er!lg-e a~ i!illec ~€reln ,r-SJ::" a manl>€'r ~ 10 af1BCt this CenllC.ale, :h,rt,' ,30: d':','s
wrrtlerl notice ....,., be mai~ad to tToe Crt\' 01 Palo )0.:10, ~,&I< Manlllgw, ",,0 Be>. 1G:2:5'J, Palo 11.110, Cil.Ir1ornra 9-1303-
G Ttle ~Ill:lliity insurance poll:;)' :ncl...ci@o$ • cor'1traetual IllIbltll)' err.:)or5e"r1enl ... r~I.:"1n1l Ifl~"ran;;!;' cov!;'rage 10' "O:1!rat:lor'.s 119 r<hlrn&fll 10 Indem~'') ~"" C,~,
1'\. 1M 'OCW'Or~ .«"ClIled \.I!'\d'tr 11"oe PGI,eilt'$. is. s,w~ tQ ait \11i! ten<;\,:!, ~ \r.e pot'''I\l''i;. ees,<9"13Ied ~,ereir a"l.d 'rI~~ I.~t t!'\e )l«:"fISK)!"o$. "alie~ I,:' h~,,,,, •
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DULEY .~CI\I. U.oc,
',0. "'x n.n~
O.kI4n'.CA 14104
~1D-4III-S{110
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f.r,tI/EI""" fftll~.' •. I~c_
131 IrYln\ 11r"" Ir. "tor
s.ft Fr.ncllc,~ CA .~10?
RJlO'U2.111
WpaaS7445I
The C't., 'f 'al. &1,.
Attft~ Jip. 'Ii Silt".
PIIII"'i, .. ,h E ... ,l", • .,;./\.
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-.~ " ""'" --B """ --C 1£1~
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1/11/12
111 "I.e.
7101/1%
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7101lU
1'1vn "~IHICI~ODO I i_it
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EXHIBIT [)
AFFIRMATIVE ACTION STATEMENT
The affirmative action policy of the F"me:IJElsesser !::n.g:neers. Inc" is to promot'2 equal
opportunity in hiring and advancement without regard to r(lce, color, religion. physical
handicap. sex, sexual preference. n:}tionel origin. or political persuasio!1.. In addi~:on. the firm
attempts to promote training and scholarship opportunities in order to increase the number of
minorities in engineering.
ForenlElsesser attempts to increa,5e its percentage of minority prcfessionat employees, to
utilize minortty entrepreneurial !)usinesses and to reccgnize those non,mino,ity owned firms
that have commendable affirmative action progfsms of their own. It is Fcrell/E~sesser's intent
to continue to seek out minority entrepreneurs, and those firms with eCluitab!e opportur.ltres
for minorities, for procurement of ser .... ~ces and supplies. The firm seeks and encour~ges the
placement cof construction contracts with minority cont."actors and intends to continually
encourage awareness among others of opportunities for equality and affirmati ..... e action.
In the process of the planning. design, and management of services, the firm attempts to
reflect the distrib'\.ltion of citizen opportunities and public resources and facilities on a n~n·
discriminatory basis. This would include providing opportunities to correct effects of past
discrimination and, where possible. to assure against fuwre Jiscrimination.
Foreri/Elsesser Engineers. Inc, encouragp.s entry of members of disad'.ramaged minority groups
;(1to the design profession. and the firm attempts to recruit employees from amana minority
g~oups to fiJI staff posit~ons.
As a condmon of employment, emplcyses afa required to adhere to the firm's poticy of equal
opportunity for arl personnel with whom they come into contact. both within and outside the
otfice when representing ForefiiElsesser Engineers. Inc.
STAFF PROFILE
TOlar ;otal
Minority Ftlln./lle BIdC'Ol \o"i"lspBnIC
STAFF Employe"li Employee!: M F M F
P1otessioMI 2S •
Te<:llr1ical • 7
Admirolslrall..,. 7 3
Tola~ 40 11
ASlani
F'acJs
M F
2
F~I;.plno
M F
AI1"""lnd.
" Ala$\cll ....
Native
M F
Minority~
Wom"n:
To~al %
Minontv
12"
70"
32.15""
27.5%
FORELL ELSESSER ENGI NEERS, INC
."
PART I -DEFINITlONS SECTiON 00005
Tl-.e r"lI~wing terms 3Ind' abbre .... j;rti<:ns, whether stated in th6 singular or plural word form. used
ir. me CO~ Of in ;.ny d.ocumeo't or instrument go .... erning or Governed by th"l contract shall hal/8 t:'6
meanings. Ht forth below or i!' Section 1 of the 1992 Standard' DrawinQs and Specifications, unless
the ~om8xt cieart'Y indic-i.te,s. otherwise:
1,01 "A.dd,e1\dum'" m.eans "ny documfint or instrument which changes, ctarifies, corrects, expfains,
or mocf.rlts the Contract docum811ts in whole or in part. pr;or to the time for !tit! openi~ of
Proposals.,
, .02 "Sid'" or '"Propoui" mean, the formal ..... ritts(1 offer of tha Bidder C>f Proposj)!' 10 supply services,
~bor. matarials and/or eQuipm.eret reQuired bV tt"e City.
1.03 "if,jd Bonc'· means the .security to be fumished by oil BJdder or Pro~o$er as iI gU;1fanty of good
faith that the Proposer will enter into tha Contract, fumish e .... idence of insuranr::e, as required,
and executes the Bonds reQuired under the Project if the City selects the Proposer as the most
FI!:sponsiblfJ Propcser meeting the. requirements. of tile Pmject.
1.04 "'Proposal Form· t'Mans the a~ro\'ed form upon or format for which tile City requirea; a formaf
writtelll offef to .supply Lilbor. services, mat&rials Cindior IIQuipment niQuifed by the Project.
1.06 "'Bu.sines.$ DoilY"' l"JlSai"15 any calendar Day 8Jl(cept a saturday, Sunday, and any Day obser'oled
as I legal holiday by the City. If the time in wtl iell an act is to be performed fans en a
Saturday, Sul\day, or ;ilr.y Day observed as: I legaol "o~daoy by 11'H! City, the time for performance
shail be extended 10 the following Business Day.
'.06 "'Change Order"' rneans any an an additions, deletions and re .... isions to the Ord'er and any and
1i1.djustmants in tM Contract Pric-e and COl1tract Ti~ .... hich ara ag1eed to in writing by the
City and the Contractor or Saner after the Date of Execution or issuance of Purchase Order.
1.07 '"City" means the City of Pa.lo Alto, iI municipal cQf'p.Oration, as dltfjned in Section T .04.050<1)
of the Palo Atto Municipal Code, as 8f"1\9n-ded.
1.08 -City ,r..n~ey· means the City Attorney of the City.
1.09 "City COl,lrlcil"' meaTis th~ City Counc~ of the City, n defined in Section' .C4.050\2i of '!.r.e
?olio Alto MuniCipal Code, SiS amended
1.10 '"City Manager" means the City Manager of the City, Dr a desigf'lCited repr-asentative Cincludin~,
oMthout.limitatior.. the A$sistant City Manager}.
1.' 1 '"Con$lJttim'". See Contractor below.
, .12 ·Contract"' means the 1Nrftt-en agreement ~twaen the City ano the Contractor coverin~ the
covenartts, terms lind conditions pertaining to the svpply of labor, sel"\lices, materials and
equipment required uod!!r me Pro~ect. It const!>ts ot \tI.e Project Spedfications. other
SpecifiutiOflS, ilnd any and all written amendments thereto. Inclt.lded ar1d witl"loLlt limitation,
in the Contract are the following documen.ts; Afftrmative A.ctiQn Declaration, Proposa.l Form,
Change Orders, Insurance Certificate, Reques.! For Proposals (RFP)' and Performa~ce Bond,
when required.
CITY of PAlO AL. TO: PUBLIC WORKS [1,192) SECTION 00005·1
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1.13 ·Contract Price'" rne.ans tI'\e consideriilion payable bv the City I~ the Contractor u, satisfa-ction
ot a!\ covenan'tl, terft\l and conditions of the Contract bV tro. ContractOf Of Froposer.
,., 4 .~ Specifications· ~ans the Cc\'&r..anu, larms and 'Co!'.dition$ set forth in me Generli
Propo~ and Contract RaQuiremenu and Project Specifications whic hare orgar'lind ac~ordiog
tfJ 'the fo&\owmg Oi .. i&ion f'o\Jmber~:
01_0
Division 1
01_2
Dil<isiotl 3
0i~4
Division 5
01.....".,6
DiYbion 7
0;_8
Di..wan 9
Diviaion 10
Division 11
Oiviaion 12
Divi5ion13
OIl1islon 14
OMsian 15
~'\fi&ion 1"
Genera} Proposal 3nd Contract ReQuirem~nts;
Gel'Wlrll Requirements;
_Worl<;
Conc<e .. ,
M,sonry;
Metals;
Wood and PIoastic'f.;
Thermal and Moisture Protection;
Doors and W!.ndows;
finishes;
Specialtiu;
EClujpm6n~
Fu.mtsh.ings;
Spt<:i.al Construction;
Ccnv&"Iing Systems;
Mechenical; Clnd
El4tctli -;al,
1 .15 "'Contract Time"' means. the time :.Mwln whtch the Contractor is raQuire« to complete the Wodc.
under me Project.
, .16 "Contractor". "Consultant", or "SeneI'''' means the Responsible ProjJoser who f1as entered into
the Contn.ct with the Citv and include:;. the CGntractar's directors. affic8fi, emplo'{eu.
pal"tn8f1i. princip •• agents, subc:omrilctors and lepres.entati ¥es.
1.17 "Data of ExecutiOn" means the doIte O~ which the Contract is executed by me CJ'ty and the
ContrKtQ(,
1,18 ·Oav" means any calendar Day, unleSS a. SiJsiness D.ay is $pecrfied. The time in which an act
"is to be performed ;&hill~ be comp~ed by 8)(cluding ttle fir$t Day and including the last.
1.19 '"General Propos.al and Cor\tract ReQuiremerns· means the general information concaming the
Crty'l-Sid polieles, procech,lres, and reQuirements (induo:nQ the form and SL.lbstiince of Bonds
and insurance) and the Addenda, General Conditions. and Supj?lementary Conditions.
1.20 "Labor.nd Materials Bond" means th!l appr'o¥ecI form of 5Kurity furnished by the Contractor
Ind the Contractor's surB1'{ to guarantee thai the Contractor will pav in fu-n iilrl accounts, b+l!s,
COJtI and expel\$81i '01 tabor, services, materialS and eqUIpment used in tl'\e perfO(TTlanCI of
the Wort<.
CITY of PA!.C ALTO: PUBUC WORKS l'f92~ SECTION 00005·2
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T .21 '"laws'" ms.ans any administrati .... e order, c-onstitutlon, judlciai decis.ion, ordinance, regulation,
resolution, rvle, statute, or other requirement of any mUf'.:cipaf county, .state !edera~. {)( other
gOYern.metltal egency 0( authority having juriscflction over the parties Of the Project, or any part
thGraof, :to! effect eitJ\er on the Date of Execl.Itior. lContract issuance) or at any tie during the
term of the Contract. including, without lim·ltation, any ordel or re'Jula!ion of ai1 o"ficlal or
~~~-Qffici.al entit'; or body.
1.22 "Notice of Awan;1" tnUrli the wrinen notice issued by the C:t{ te ttle Proposer whom tile City
has determined qualifies 1$ the r.lQit Re5Ponsibia Propose r. This notice is issued after the City
Council approves the "ward to the ProjJoser, and is intended to inform the PropoSflr !ha!, upor'i
complianC4J with .n concfrtion; preced"-ent sat forth in the Request For Propoul3 and any otW:ir
provision of the Contract wi!hin the time specffiec:l therein, the City will exeCl,;t8 the Colltract
with the ContrlctO(.
1.23 "Notice to Ptoceed'" !Mans the written notice issued by the Project Manager fOf" and on behaH
of the City to the Contn:!ctor. which rhees the commencement of the Contract Time.
1.24 '"Performance Bond"' lTI6ans the approved form of So'!'CUrFty furn:shed by the Contractor and the
Contractor's .surety to guarantee the Contra.c!or's good fah .. h 3nd ability to perform the Work
in ac~o,dance with the covenants, terms and conc'itions of the Contract.
1.25 "Person-means any agency (including a public agency" business association, buslne~ trust.
com~ny, corporation (including a public corporation), firm, generaf partnership, ir1dJ\'ldual, joi!"lt
stock company, joint .... 8f1ture, limited partnership, orgsnizsti"Cln, or a combination pf iiIIny of the
entities. refilrred to in thi.s definition.
1.26 ·ProJEct" mean.s the Work to be performed, or eQuipment to be furnished, ill accordance with
the Contract Specifications and the Other Specifications of the Contract.
1.27 "Project Manager'" means the City employee, or a designated representative, who is authorized
by the City to manage the Project for and on beha.lt of the City.
1.28 "Project Specifications'" means PAR11II, Divisions 1 throu~h 16 of the Cootract Spec:ifications.
1.29 "'Proposal" Dr .. Sid" means the form;e:f written offe~ of the Bidder or Proposer to supply services.
I..bor, materials .and/or equipment reQuired by the City.
1.30 ·Proposer" rn ... ns ill j:)erson who submits a Proposal in response to a Reflue-st for Proposals.
1.31 "Purchase Order.· (Sae 1.12 "Contract" hereini.
1: .32 "Purchasing Manager'" means the Manager, Di""ision of Furchasing! & Contrifct Administration,
Department of Finance of the City,
1.33 '"Request For Proposals" means Division 0 of the Contract Spec:ifications cover[n~ the City's
aid p~icie.s. j:)eocedures and requirements (including the form and substanc:e of the Bonds and
insurance) which are administered by the Purchasing Mana~er.
CfTY of PAlO AL iO: PUBLIC WORKS (1/921 SECTfON 00005·]
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1.34 .. ~ Proposer-means thB Biddfir, Contractor or Proposer who is determined bv m&
City of rPeet the criter~ enumEllinod in Section 2.30.1 SO of the Palo Alto Municipal Code, as
amended.
1.35 -Ri.Sk Ma1lagar· means the Risk Manager of the City.
1.36 "~etor· mearu any parson who ~rforms work under the Project pursulU1t to an oral
or. w«tten. contract witf\ ~ Contract;)f. Sellei', 0( another Subcontractor.
1.37 "'Su.pptier'" mtan. any person who provides labor, services, materiais or equipme..'1t 10 the
Project.
1.38 "'Treasury M.an~er" means the Managllr, Treasury and In"eStm8nts, Oepartmeut of Fin~
01 the City,
1.39 "Work" means the scope of work: included' with in the Project
END OF SECTION
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