HomeMy WebLinkAbout1998-02-17 City Council (17)City
City of Palo Alto
Manager’s Report
1
TO:HONORABLE CITY COUNCIL
FROM:CITY MANAGER DEPARTMENT: PUBLIC WORKS
DATE:FEBRUARY 17, 1998 CMR:128:98
SUBJECT:APPROVAL OF CONSULTANT CONTRACT WITH WALLACE
ROBERTS & TODD FOR DOWNTOWN URBAN DESIGN
IMPROVEMENTS PROJECT, PHASE I:~ CONSTRUCTION
DOCUMENTS AND CONSTRUCTION MANAGEMENT (CIP
19608)
RECOMMENDATION
Staff recommends that Council:
Approve and authorize the Mayor to execUte the attached consultant contract with
Wallace Roberts & Todd (WRT) in the amount of $94,660 to perform design and
construction administration services for construction of Phase 1 of Downtown Urban
Design Capital Improvement Project No. 19608.
°Authorize the City Manager or her designee to negotiate and execute one or more
change orders to the contract with Wallace Roberts & Todd (WRT) for related,
additional but unforeseen work which may develop during the project, the total value
of which shall not exceed $4,000.
DISCUSSION
The Downtown Urban Design Improvements Project is a Capital Improvement Program
(CIP) project for implementing improvements to downtown public spaces identified in the
Downtown Urban Design Guide that was adopted by the City Council in 1994. On April 1,
1996, Council approved an agreement with WRT to perform the feasibility and schematic
design of the Downtown Urban Improvements Project. The resulting Downtown Master
Plan was presented to and approved by Council on August 11, 1997, CMR:355:97.
The current 1998-99 construction project will implement Phase I portions of the
improvements identified in the Master Plan. It will also provide for the future siting of
CMR:128’.98 Page 1 of 4
public restrooms. The recommendations regarding installation of automated public toilets
will be the subject of a separate staff report to be presented to Council at a later date.
The design scope includes the installation of new newspaper racks to accommodate news
boxes at various sites in the Downtown area. To resolve issues pertinent to the number,
siting and permitting of news racks, staff and the City Attorney’s office have met with the
Newsrack Working Group and the City Attorney’s office is revising the ordinance. The
ordinance will be presented to the Council in spring 1998. Construction of other
improvements recommended within the Master Plan will be done in subsequent phases,
subject to available funding. These future work items include improvements to University
Avenue intersections; parking lots and alleys; parks and plazas (including Cogswell Park and
Lytton Plaza); and additional street lighting.
Consultant Services Description
The work to be performed under this contract is for consulting services_on the Downtown
Urban Design Phase I Construction Project No. 19608. This includes preparation of
construction documents and construction management for a portion of the improvements
approved in the Downtown Urban Design Improvements Master Plan. A street map showing
the overall project improvements, which will be done in phases (as funds permit), is
provided. The project scope includes improvements to the following locations:
1.University Avenue - Major Intersections - at Emerson, Bryant, Cowper and Webster
2.University Avenue Sidewalk Areas - from Alma to Webster
3.Cross Street Sidewalk Areas - from Lytton to Hamilton
4.Hamilton and Lytton Avenue - sidewalk areas
In g~neral, the work includes repair of sidewalks, street signage and installation of new street
furniture such as benches and trash containers, tree grates, and bicycle racks. Existing corner
walls at University Avenue intersections will be renovated with new artist-designed tiles and
handcrafted metal screen panels. Newspaper boxes will be reorganized and placed in new
metal frames, which will be decorated with metal screen panels. New street lighting and
landscaping will also be installed. Other more specific improvements for the above areas are
identified within the agreement and will be further refined within the design process, and
subject to available funding.
Selection Process
On April 1, 1996, Council approved the initial agreement with WRT. The selection of WRT
as the recommended consultant for this project conformed with the City policy regarding
selection of consultants. Information regarding the project advertisement and consultant
selection is contained in CMR: 187:96. The prior agreement with WRT provided for the
CMR: 128:98 Page 2 of 4
continued use of WRT as consultant for the design and construction phases of this project,
if its performance was found to be satisfactory. The continued use of WRT as project
consultant is recommended based On its specific performance, knowledge and execution of
the previous feasibility phase.
RESOURCE IMPACT
Funds for the Phase I design are available from CIP project No. 19608. Funds for design and
installation of tree well grates will be paid from the Public Works General Fund operating
budget.
Phase I of the project will increase the Public Works annual operating budget for Downtown
maintenance by approximately $32,000. These costs will be included in the Public Works
Operations operating budget for 1-999-2000.
POLICY IMPLICATIONS
The Downtown Urban Design Improvements Project will implement needed streetscape
improvements identified in the downtown Urban Design Guide for the purpose of keeping
the Downtown a vibrant and desirable place for pedestrians and retailers. These
improvements are consistent with the Urban Design Element of the Comprehensive Plan,
Policy 5, "Encourage rehabilitation of aging retail areas to keep them economically healthy."
TIMELINE
The Urban Design Project will be coordinated with the proposed 1998 Resurfacing Project
planned for construction in mid-summer. Preparation of construction documents for the
Urban Design Project will begin after Council award of the attached agreement with WRT.
The project will be advertised for bids in the summer. Initial construction activities for the
Urban Design Project will commence in .late-summer after completion of the 1998
Resurfacing Project work in the Downtown.
ENVIRONMENTAL REVIEW
An environmental assessment and a Negative Declaration of no significant environmental
impact was presented to Council as an attachment to CMR:355:97. Council adopted the
Negative Declaration as part of the a~pproval actions taken pursuant to that report.
ATTACHMENTS
A - Street Map of Project Improvements
B - Contract
PREPARED BY: James M. Harrington, Senior Engineer, Engineering Division
CMR: 128:98 Page 3 of 4
DEPARTMENT HEAD:
CITY MANAGER APPROVAL:
GLENN S. ROBERTS
Director of Public Works
~ILY HARRISON
Assistant City Manager
CMR: 128:98 Pa.ge 4 of 4
ATTACHMENT A
"[tAV NO±-111.qVH
’~tAV
ATTACHMENT B
AGREEMENT
for
PROFESSIONAL ENGINEERING CONSULTANT SERVICES
BETWEEN THE CITY OF PALO ALTO AND
WALLACE ROBERTS & TODD
THIS AGREEMENT, made and entered into this day of
, 1998, by and between the CITY OF PALO ALTO, a
municipal corporation of California, hereinafter referred to as
"CITY," and WALLACE ROBERTS & TODD, a General Partnership, with
offices at 121 Second Street, 7th Floor, San Francisco, California
94105-3605, hereinafter referred to as "CONSULTANT"; .
W I TNE S SETH:
WHEREAS, CITY desires certafn professional consultant
services hereinafter described; and
WHEREAS, CITY desires to engage CONSULTANT to provide
~these services by reason of its qualifications and experience for
p~rforming such services and CONSULTANT has offered to provide the
required services on the terms and in the manner set forth herein;
NOW, THEREFORE, in consideration of their
covenants, the parties hereto agree as follows:
mutual
SECTION 1 DEFINITIONS
I.i
California.
CITY
The term "CITY" shall mean the City of Palo Alto,
1.2 CITY MANAGER
The term "City Manager" shall mean the duly appointed
City Manager of the City of Palo Alto, .California, or his or her
designated representative.
1.3 CITY CLERK
The term "City Clerk" shall mean the duly appointed City
Clerk of the City of Palo Alto, California, or his or her
designated representative.
1.4 RISK MANAGER
The term "Risk Manager" shall mean the duly appc
Risk Manager of the City of Palo Alto, California, or his
designated representative.
1
980204 syn 0071348
1.5 PROJECT
The term "Project" shall mean the services and
improvements, if any, as outlined in Section 3 and more fully
described in Exhibit "A" entitled "Scope of Project and Time
Schedule," attached hereto and made a part hereof by this
reference.
1.6 MASTER PLAN
The term "Master Plan" shall mean the Downtown Urban
Design Improvements Master Plan prepared by Wallace Roberts & Todd
dated Apri! ii, 1997. .
SECTION 2 - PROJECT COORDINATION
2.1 CITY
The City Manager will be the representative of CITY for
all purposes under this Agreement. JAMES M. HARRINGTON hereby is
designated.as the ~Project Manager for the City Manager and he or
she shall supervise the progress and execution of this Agreement,
and shall be assisted by GARY L. WEINREICH, the Project Engineer.
2.2 CONSULTANT
CONSULTANT shall assign a single Project Director to have
overall responsibility for the progress and execution of this
Agreement for CONSULTANT. Stephen D. Hammond hereby is designated
as the Project Director for CONSULTANT. Diane Ochi shall be
assigned as the Project Coordinator for CONSULTANT and shall
represent CONSULTANT during the day-to-day work on the Project.
Should circumstances or conditions subsequent to the execution of
this Agreement require a substitute Project Director or Project
Coordinator for any reason the Project Director or Project
Coordinator designee shall be subject to the prior written approval
of the Project Manager.
SECTION 3 -~SCOPE OF PROJECT
The scope of the Project to be executed by CONSULTANT
under the phases of the Basic Services described in Section 4.1 of
this Agreement, and the~time schedule for the Project, are outlined
in this Section 3 and further described in Exhibit A.
3.1 The Downtown Urban Design Improvements Project is a
capital improvement project for implementing improvements in
downtown public spaces identified in the Downtown Urban Design
Guide that was adopted by the City Counci! in 1994. The 1996-97
phase of the Project was preparation of a schematic design plan and
feasibility study. Completion of that phase culminated in the
Master Plan.
3.2 CITY wishes ~to implement improvements in the
University Avenue Downtown area which are identified within the
980204 syn 0071348
Master Plan. The 1998-99 phase of the project will implement
portions of the Master Plan. These improvements include but may
not be limited to the following:
including:
3.2.1 University Avenue - Major Intersections
(a)
(b)(c)
(d)
(e)
(f)
(h)
(i)
(j)
Walls (bunkers)
Brick and concrete paving repair
Benches
News racks
Lighting
Public Art
-Metal screen panels
-Tile work
Trash receptacles
Signage
Planting renovation
Bike racks
3 .2.2
3.2.3
University Avenue Sidewalks including:
(a)Paving repair
(b)News racks
(c)Trash receptacles
(d)Benches
(e)Lighting
(f)Signage
Cross Street Sidewalk Areas including:
(a)Paving repair
(b)News racks
(c)Lighting (provide limited accent lighting)
(d)Benches
(e)Signage
(f)Tree wells
(g)Bike racks
3.2..4 Emerson
Intersection including:
Street and Hamilton Avenue
(a) .Sidewalk widening at Creamery site
(b)Lighting (limited portion)
(c)Signage
(d)Tree wells
3.2.5 Public Restrooms - A total of 2 -restrooms
shall be designated at locations to be determined by others. This
¯ ,may cause relocation or adjustments of features shown in the
previously approved Master plan.
3.2.6 Recycling Facilities - Select receptacles and
designate locations for future installation.
980204 ~syn 0071348 3
3.3 The Phase I project improvements will be
incorporated into a competitive bid construction package,°with the
exception of public art elements consisting of art metal panels and
ceramic tile. Design, fabrication and installation of art metal
panels will be specified in separate proposal documents to be
separately issued to Angelo Garro dba Renaissance Forge by the
CITY. Fabrication of the metal framework on which the art metal
panels will be mounted will be part of the competitive bid
construction package; however, installation of the panels into the
metal framework will be part of the art-metal proposal package.
Design, fabrication and installation of art tile will be specified
in separate proposal documents to be separately issued to Benedikt
Strebel Ceramic Studio by the CITY. The artisticproposal package
and the competitive bid construction package will be structured to
clearly identify their respective scopes of work and relationship
to each other including the requirement that all contractors
coordinate their activities. The CONSULTANT will review submittals
from all contractors. The CONSULTANT will coordinate the design,
fabrication and installation activities of the public art
contractor to assure that the public art is consistent with the
overall project design intent and is properly incorporated into the
project. All contractors will assist in preparation of field
installed mockups of modified bunker walls, newspaper racks and all
artwork. The mockups shall be made ,using actual materials.
Approval of a mockup sample by the City project manager must be
obtained before proceeding with permanent installation of these
items. Issuance of this approval will also be conditioned on
concurrence by the ArtsCommission and Architectura! Review Board
representative.
3.4 The time schedule for the Project shall be as
defined in Exhibit A.~
3.5 Changes in the scope or,character of work, either
decreasing or increasing the amount of CONSULTANT’S services shall
conform with Section 9 of this Agreement.
3.6 Future Work -At the ~conclusion of the duties
contained in this scope of work and at the discretion of the
Project Manager regarding the quality of work performed and
continued suitability of CONSULTANT, CONSULTANT may be invited to
negotiate an amendment to this contract for future phases of.work.
The future phases of work may involve a feasibility phase if
approved by the CITY, and design and construction administration of
other Master Plan improvements including but not necessarily
limited to thefollowing:
3.6.1 University AvenueImprovements at Tasso, Kipling and Florence Tee Intersection
3.6.2 Parking Lot and Alley Improvements
4
980204 syn 0071348
3.6.3 Park and Plaza Improvements:
3.6.3.1 Lytton Plaza Redesign
3.6.3.2 Cogswell Plaza Enhancements
3.6.3.3 Hamilton Avenue Improvements at City
Hall Plaza
3.6.4 Lighting Improvements:
3.6.4.1 University Avenue
lights and modifications.
Sidewalks-Acorn
3.6.4.2 Cross Street Lighting - Additional to
the lighting installed in Phase i.
3.6.4.3 Accent Lighting (moon lighting)
Additional to the lighting installed in Phase I.
3.6.5 Public Restrooms Accommodate the siting of
additional public restrooms if required.
3.6.6 Public Art
Plaza.
3.6.6.1 Interactive Water Sculpture at Lytton
3.6.6.2 Information Kiosk or Bus Shelter.
3.6.7 Catering Station
3.6.8 Recycling Facilities -Installation of
recycling receptacles at locations selected in phase 1 (contingent
on suitable agreement between the CITY and PASCO or equivalent
vendor)~
Master plan.
3.6.9 Other impgovements identified within the
3.7 Excluded Items Items previously studied and
excluded from the overall scope of the project are as follows:
3.7.1 .University Avenue Gateway Markers~ (deleted
permanently by Council action).
SECTION 4 - DUTIES OF CONSULTANT
4.1 BASIC SERVICES
Staqes of Work. The Basic Services shall be furnished in
the stages of work as described below and as more particularly
described in Section 3 and Exhibit A.
5980204 syn 0071348
4.1.1. Design Stage
The Design Stage shall consist of the following
phases of work and shall include, but not be limited to, the usual
professional services of architecture, civil, structural, traffic,
electrical and mechanical engineering, environmental planning,
landscape architecture, and irrigation, as applicable.
CONSULTANT’S specific responsibilities under each of these phases
are described below.
4.1.2 Schematic Design Phase
The Schematic Design Phase was done within ~n
earlier study that resulted in the Council approved Master Plan.
4.1.3 Design Development Phase
(a) CONSULTANT shall prepare from the approved
schematic design studies, the design development documents
consisting of drawings and other data to fix and describe the size
ahd character of the entire Project, including materials and Such
other essentials as may be appropriate.
(b) CONSULTANT shall submit eight (8) copies
of all pertinent Design Development Phase documents for review and
approval by the Project Manager.
(c) CONSULTANT shall submit to the Project
Manager, for review and approval with the Design Development Phase
documents, a revised current estimate of probable construction
cost, in triplicate, based upon refinements of design that occurred~
during the Design Development Phase.
(d) If required by CITY, CONSULTANT shall
prepare required exhibits and make personal presentations of the
Design Development Phase to the Public Art Commission and the
Architectural Review Board. CONSULTANT shall attend a minimum of
two (2)) meetings and a maximum of two (2) meetings during this
Phase.
(e) CONSULTANT shall submit to the Project
Manager, in triplicate, a brief narrative describing the design
~~features and including copies of calculations, sketches, diagrams,
computer printouts and other documents summarizing this phase of
CONSULTANT’s Basic Services.
(f) Upon written approval by the Project
Manager of the Design Development Phase, CONSULTANT shall proceed
"’to the Construction Documents Phase.
4.1.4 Construction Documents Phase
(a) CONSULTANT shall prepare from the approved
Design Development Phase documents, for approval by the Project
6980204 syn 0071348
Manager, working drawings, specifications, and other contract forms
setting forth in detail the requirements for the construction of
the entire Project, including add alternatives and the necessary
technical specifications. The general conditions, bid forms and
other bidding information, and contract forms will be furnished by
CITY as described in Section 5.
(b) The technical specifications prepared by
CONSULTANT shall conform to the following Division numbers:
Division 0
Division 1
Division 2
Divislon 3
Division 4
Division 5
Division 6
Division 7
Division 8
Division 9
Division i0 "
Division ii
DiVlslon 12
Division 13
Divislon 14
Divislon 15
Divislon 16
General Bidding and Contract Requirements;
General Requirements;
Site Work;
Concrete;
Masonry;
Metals;
Wood and PlaStics;
Thermal and Moisture Protection;
Doors and Windows;
Finishes;
Specialties;
Equipment;
Furnishings;
Special Construction;
Conveying Systems;
Mechanical;
Electrical.
The technical specifications shall be limited to Division 2 through
16. The Divisions 0 and 1 will be prepared by the CITY as
described in Section 5.
(c) CONSULTANT shall assist the CITY in
identification and selection of scope of work items which shall be
treated as "add-alternatives" to the basic work of the construction
contract. The add alternatives shall be structured with a value
approximately i0 percent of the approved construction budget. The
add-alternatives shall be separately identified in the plans,
specifications and bid proposal pages sufficient to allow for
bidding, award and construction of the project with or without
inclusion of the add alternatives.
(d) Prior to the advertising for bids,
~..CONSULTANT shall submit in triplicate to the Project Manager for
review and approval a final detailed estimate of the probable
construction cost.
(e) CONSULTANT shall attend conferences with
CITY at critical phases of the work and shall assist CITY in
’.obtaining approval~of regulatory agencies when required by such
agencies.
(f) Upon completion of the contract drawings,
specifications, and documents, and at its expense, CONSULTANT shall
furnish three(3) full-size sets of the contract drawings,
7980204 ~yn 0071348
specifications, and documents for approval by the Project Manager
and any other approving authorities. °
(g) Upon completion of the approved contract
drawings, specifications, and other documents, CONSULTANT shall
submit the tracings to the Project Manager for signature. CITY
will reproduce copies of the plans and specifications for use
during bidding and construction.
(h) CONSULTANT Shall submit to the Project
Manager, in triplicate, any revisions to calculations, sketches,
diagrams, computer printouts and other documents that were
initially submitted during the Design Development Phase.
(i) CONSULTANT shall assist CITY at and after
the pre-bid conference, if required, in obtaining and analyzing.
bids, awarding the contract, and in the pre-construction confer-
ence. CONSULTANT shall be available to answer inquiries regarding
the plans and specifications by contractors and CITY during the
bidding period.
(j) Upon award by the City Council of the
construction contract, CONSULTANT shall proceed to the Construction
Stage. ’o
4.1.5
Construction Contract
Construction Stage--Administration of the
(a) The Construction Stage will commence with
the award of the construction contract and will terminate when
final payment is made by CITY to the contractor or upon the filing
and recordation of the notice of completion, whichever is later.
(b) CITY shall provide for the administration
of the construction contract.
(c) CONSULTANT shall attend pre-construction
meetings and answer questions regarding the plans and specifica-
tions prepared by CONSULTANT.
(d) CONSULTANT shall at all times have access
to the work wherever it is in preparation or in progress.
(e)~ CONSULTANT shall make periodic visits to
the site ~as necessary to become familiar with the progress~and
quality of the work and to determine if the work is proceeding in
accordance with the contract documents. On the basis of on-site
observations, CONSULTANT shall endeavor to guard CITY against
defects and deficiencies in the work of the contractor, including
*advising and consulting with CITY on technical instructions to the
contractor and disapproving the contractor’s work if it fails to
meet the requirements of the contract documents. CONSULTANT shall
not be required to make c~ontinuous on-site inspections to check the
quality or quantity of the work, provided that the limited extent
of supervision furnished by CONSULTANT in no way shall reduce or
8980204 ~yn 0071348
lessen its responsibility or liability hereunder. CONSULTANT shall
not be responsible for the construction means, methods, tehhniques,
sequences or procedures, or for safety precaztions and programs
employed in connection with the work, and shall not be responsible
for the contractor’s failure to carry out the work in accordance
with the terms of the contract documents.
(f) CONSULTANT shall interpret the technical
requirements of the contract documents and advise CITY on the
issuance of technical instructions to the contractor.
(g) CONSULTANT shall review and take appro-
priate professional action on laboratory, shop and mill tests,
reports of equipment performance, shop drawings, samples, and other
submissions of ~the contractor for conformance with the design
concept of the Project and for compliance with the construction
contract documents.
(h) CONSULTANT shall prepare supplementary
’sketches required in order to clarify or sqpplement the original
contract documents during the Construction Stageof work.
(i) CONSULTANT shall assist CITY in preparing
change orders.
(j) CONSULTANT shall observe the initial
operation of the Project, or of performance tests required by the
contract plans and specifications.
(k) If required by CITY, CONSULTANT shall
assist CITY in the start-up, testing and operation of the equipment
prior to acceptance of the Project by CITY.
(i) CONSULTANT shall conduct site visits,accompanied by a representative of CITY, to determine the dates of
substantial completion and final completion. Further, CONSULTANT
shall make a declaration that the Project is in conformance with
the design concept and is in compliance with the contract docu-
ments.
(m) CONSULTANT shall attend meetings asdescribed in Exhibi~ "A" throughout the Construction Phase with the
contractor and representatives of CITY and shall submit to all
,concerned minutes of the meeting attended.
(n) CONSULTANT, at. its expense, shall provide
the ~Project Manager with one copy of the specifications and a
complete set of four mil minimum thickness, single matte, good
quality transparent mylar drawings of the Project, as-built
.. (hereafter referred to as the "Record Drawings"). Mylars may be
produced using the electrostatic method or the photographic "fixed
line" process with reverse printing. Diazo (Ammonia) process
drawings are not acceptable. In addition, CONSULTANT shall furnish
CITY with copies of alldesign calculations and similar documents.
9980204 syn 0071348
(o) CONSULTANT shall not be responsible for
damages or injuries caused solely by acts or omissions of the
contractor, or any subcontractor, or any agent or employee of the
contractor or any subcontractor, or of any other persons performing
any of the work.
(p) CONSULTANT shall be responsible for
providing CITY with the Record Drawings and documents of the
construction after final completion.
4.2 ADDITIONAL SERVICES
CONSULTANT shall perform or 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:
studies.~(a)Provide financial feasibility or other special
(b) Provide planning surveys, site evaluations,, or
comparative studies of prospective sites.
(c) Make measured drawings of existing construction
when required for planning additions or alterations thereto.
(d) Revise previously approved drawings, specifica-
tions or other documents to accomplish changes not initiated by
CONSULTANT.
(e) Provide consultation concerning replacement of
any.work 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 replace-
ment of such work.
(f) Provide professional services made necessary by
the default of the contractor in the performance of the
construction contract.
(g) Provide contract administration and observation
of construction after the contract time has been exceeded by more
than twenty percent (20%) through no fault of CONSULTANT.
(h) Provide services, other than the completion of
the Record Drawings and the related Project close-out, after final
payment to the contractor.
(i) Provide services as an expert witness in
connection with any public hearing, arbitration proceeding, or
¯ .proceeding of a court of record.
(j) Provide services for planning the lay-out of
tenant or rental spaces. ~
I0980204 syn 0071348
(k) Provide services directly applicabl% to the
preparation of environmental impact studies and reports.
(i) Make detailed mill, shop, and/or laboratory
inspection of materials and equipment.
(m) Furnish property, boundary, rights-of-way,
topographic and utility surveys, and related office computations
and drafting and surveying.
(n) Furnish field surveys,field lay-outs of construction.photogrammetry, and
(o) Furnish special photography, models, printed
reports and additional copies of contract drawings and documents
above the number specified in this Agreement.
(p) Perform soils investigations and other soils
engineering services before design and/or during construction.
(q) Prepare applications and supporting documentsfo~ governmental grants or advances for public works projects, and
implementing such grants or advances.
(r) Instruct plant employees in the operation and
maintenance of newly installed equipment.
(s) Incur travel and subsistence expenses for
CONSULTANT and its staff beyond those normally required under Basic
Services of this Agreement.
(t) Prepare operation and maintenance manual.
(u) Perform any other services that may be agreed
upon by the parties subsequent to the execution of this Agreement.
(v) Provide services necessaryconstruction of public restroom facilities.to implement
(w) (i) If requested in writing by CITY, CONSUL-
TANT shall provide one or more Project representatives to assist
the parties in inspecting the progress of the construction
contract.
(2) Such Project representative shall beselected, employed and ’directed by CONSULTANT or subconsultants,
and CITY agrees to pay to CONSULTANT and/or~subconsultants, for the
services of the Project representative, at a rate indicated in
¯ .Exhibit "B". For the purposes of this provision, the Project
representative’s time spent traveling from CONSULTANT’s and/or
subconsultant’s office to and from the job-site shall be calculated
as an addition al service, as shall be the time spent on the
job-site and preparing the reports required hereunder.~
980204 syn 0071348 11
(3) Such Project representatives shall visitth~ site of construction as required by the needs of th~ Project
and at least every other day over the term of construction,
provided there actually is work in progress. The Project represen-
tative shall file a written report with the Project Manager setting
forth the nature, scope, character and progress of the work
performed at the site immediately after each visit to the site.
(4) Through the on-site observations by the
Project representative of the work in progress, CONSULTANT and/or
its subconsultants shall assure further protection of CITY against
defects in the work, but the furnishing of such Project representa-
tion shall not make CONSULTANT and/or subconsultants responsible
for construction means, methods, techniques, sequences or proce-
dures, or for safety precautions and programs, or for the contrac-
tor’s failure to perform the work in accordance with the contract
documents. Nothing in this Agreement abrogates the professional
responsibilities of CONSULTANT and/or its subconsultants with
respect to design defects, errors, omissions, or malpractice.
4.3 GENERAL DUTIES OF CONSULTANT
4.3.1 CONSULTANT represents that it has theexpertise and professional qualifications to furnish the ~ervices
described under this Agreement. CONSULTANT further declares that
one or more members or employees of its firm and that of its
subconsultants, if any, are licensed by the State of California to
perform their services, if required, and that these services will
be performed 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
subconsultants.
4.3.2 CONSULTANT states that it is aware of therequirements of the federal Americans with Disabilities Act of
1990, and the Government Code and the Health and Safety Code of the
State of California, relating to access to public buildings and
accommodations for disabled persons, and relating to facilities for
disabled persons. CONSULTANT shall comply with or ensure by its
advice that ~compliance with such provisions will be effected
pursuant to the terms of this Agreement.
4.3.3 CONSULTANT at no extra cost to CITY shallpreparein the contract documents alternative bid items, in
addition to base bid items, in compliance with Section 6 hereof.
4.3.4 CITY reserves the right to retain theservices of a construction cost consultant to prepare estimates of
cost independent of those prepared by CONSULTANT during each phase
" of design. CONSULTANT shall meet with the construction cost
consultant and CITY representatives to resolve major differences in
their respective estimates.
4.3.5 CONSULTANT shall furnish CITY with every
reasonable opportunity for CITY to ascertain that the services of
12980204 ~yn~71348
CONSULTANT are being performed in accordance with the requirements
and intentions of this Agreement.
SECTION 5 DUTIES OF CITY
5.1 CITY shall provide full information regarding its
requirements for the Project.
5.2 CITY shall examine documents submitted by CONSULTANT
and shall render decisions pertaining thereto promptly, to avoid
unreasonable delay in the progress of CONSULTANT’s work.
5.3 CITY shall furnish a land survey of the- site
consisting of available digital GIS information including, as
applicable, grades and lines of streets, alleys, pavements and
adjoining property; rights of way, restrictions, easements,
encroachments, zoning, deed restrictions, boundaries and contours
of the site; locations, dimensions and complete data pertainingto
existing buildings, other improvements, and trees; and known
information concerning available service and utility lines both
public and private, above and below grade, including inverts and~
depths. Some variance from existing as-buil~ features may exist in
the digital GIS maps at certain intersections on University "Avenue.
The City will perform a land survey of these intersections and map
the survey data. The survey data and map will be provided to the
CONSULTANT as a supplement to the-GIS data noted above.
5.4 CITY shall furnish environmental, structural,
mechanical and other laboratorytests, inspections and reports as
required by law or.by the contract documents.
5.5 CITY shall furnish such legal, accounting and
insurance counseling services as may be necessary for the Project,
and such auditing services as may be required to ascertain how or
for what purposes the contractor has used the moneys paid’to it
under the construction contract.
5.6 The services, information, surveys and. reports
required by paragraphs 5.1 and 5.3 through 5.5 inclusive shall be
furnished at CITY’S expense, and CONSULTANT shall be entitled to
rely upon the accuracy thereof.
5.7 If CITY observes or otherwise becomes aware of any
fault or defect in the Project or nonconformance with the contract
documents, CITY to the extent it is feasible to do so shall give
prompt written notice thereof to CONSULTANT.
5.8 CITY shall prepare the General Bidding, Contract
"Requirements and General Project Requirements that form Divisions
0 and 1 as identified in Section 4 of this Agreement. The CITY
shall conform the technical specifications prepared by the
CONSULTANT with the Division 1 and 2 specifications prepared b~
CITy.
13
980204 syn 0071348
SECTION 6 -EXCESS ESTIMATED CONSTRUCTION COST’AND BID
6.1 BIDS IN EXCESS OF FINAL ESTIMATE OF CONSTRUCTION
COST
If the lowest responsible bid for the Project received by
CITY exceeds one hundred ten percent (110%) of the amount of the
approved final detailed estimate of construction cost, CITY shall
(a) give written approval of an increase in such fixed limit, or
(b) authorize rebidding of the Project within a reasonable time, or
(c) cooperate in revising the Project scope and quality as required
to reduce the construction cost. In the case of (c), CONSULTANT,.
without additional charge, shall modify the drawings and
specifications is necessary to bring the construction cost within
the fixed limit. The providing of this service shall be the limit
of CONSULTANT’s responsibility in this regard, and having done so,
CONSULTANT shall be entitled to its fees in accordance with Section
7 of this Agreement,
6.2 FIXED MAXIMUM LIMIT 0F CoNSTRUCTION COST
When a fixed maximum limit of construction cost is
established as a condition of this Agreement, pursuant to
subparagraph (c) of paragraph 6.1, CONSULTANT shall be permitted to
determine, with approval of the Project Manager, the materials;
equipment, component systems, and types of construction which are
to be included in the contract documents to bring the Project cost
within the amount of the fixed limit; however, at all times
hereunder, the principles of value engineering shall be adhered to
as mentioned in Section 4.1.2(b) hereof. CONSULTANT also may make
adjustments in the scope of the Project and include in the contract
~documents alternate bids to adjust the construction costs to the
fixed limit, al! with the express prior approval of the~Project
Manager.
6.3 CONSTRUCTION COST ESTIMATE
The statements of probable construction cost and detailed
final estimate of construction cost prepared by CONSULTANT
represent its best~judgment as a design professional familiar with
the construction industry. It is recognized, however, that neither
CONSULTANT nor CITY has any control over the cost of labor,
materials or equipment, over the contractors’ methods of
determining bid prices, or over competitive bidding or market
conditions. Accordingly, CONSULTANT cannot and does not guarantee
that bids will not vary from any statement of probable construction
cost or other cost estimate prepared by him.
SECTION 7 - PAYMENT
Payment shall be made by CITY only for services rendered
and within thirty (30) days of submission in triplicate of monthly
progress payment requests. Each invoice shall be itemized as to
the type of payment described in this section.
14980204 syn 0071348
7.1 CONSULTANT’S FEES
In consideration for the full performance of the Basic
Services and Reimbursable Expenses described in Sections 4 and 7 of
this Agreement, CITY agrees to pay CONSULTANT a fee not to exceed
seventy-five thousand seven hundred ten dollars ($75,710) for the
Design Stage and thirteen thousand nine hundred .fifty dollars
($13,950) for the Construction Stage.
The amount of CONSULTANT’S compensation Shall be
calculated as set forth in Exhibit "B", entitled "Rate Schedule,"
attached hereto and made a part hereof by this reference, on a’ time
and materials basis, up to the maximum amount set forth in this
paragraph 7.1.
7.1.1 Subconsultants. Fees for subconsultants,
hired directly by CONSULTANT, shall be approved by CITY in advance
of incurring such fees.
7.1.2 For Additional Services. For CONSULTANT’S
additional services, as described in Section 4 of this Agreement,
compensation shall be as prescribed in Exhibit B but shall not
exceed five thousand dollars ($5,000). The rate schedules shall be
updated after execution of this Agreement and each year thereafter.
7.1.3 For Extra Work or Changes. Payment for
extra work or changes in the work not initiated by CONSULTANT and
authorized in writing by the Project Manager shall be made within
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, CONSULTANT and CITY shall
agree upon an estimated not-to-exceed cost for such extra work. In
no event shall CONSULTANT be paid for design work or change order
preparation which is necessary because of CONSULTANT’s errors or
oversights.
7.1.4 Reimbursable~ Expenses.ReimbursableExpenses under the Agreement shall not exceed three thousand six
hundred dollars ($3,600). Reimbursable Expenses are in addition to
the compensation for Basic and Additional Services and include
actual expenditures made by CONSULTANT, its employees, or its
professional consultants in the interest of the Project for
expenses listed~in the following paragraphs:
(a) Expense in connection with the Project for
long distance telephone calls and telegrams and fees paid for
securing approval of authorities having jurisdiction over the
Project.
(b) Expense of reproduction, graphics, postage
and handling of drawings and specifications, except for those
required to be furnished by CONSULTANT in Section 4 and for use in
CONSULTANT’s office.
15
980204 syria71348
(c) Only if authorized in advance in writing
by CITY, expense of overtime work requiring higher tha~ 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 SCHEDULE
7.2.1 For Basic Services. Payments for Basic
Services shall be made monthly in progress payments in proportion
to the services performed for each Stage. The final progress
payment shall be made by CITY after CONSULTANT has submitted all
required Record Drawings and reports.
7.2.2 For Additional Services. Payments for
Additional Services of CONSULTANT as defined in Section 4 shall be
made as part ~of the monthly progress payments for services
rendered.
7.2.3 For Reimbursable Expenses. Payments for
Reimbursable Expenses of CONSULTANT shall be made as part of the
monthly progress payments for services rendered.
7.2.4 Deductions. No deductions shall "be made
from CONSULTANT’s compensation on account of penalties, liquidated
damages, or other sums withheld from payments to contractors.
7.2.5 Payment Upon Suspension or Abandonment of
Projecb. If the Project is suspended for more than six months or
abandoned, in whole or in part, CONSULTANT shall be paid its
compensation for services performed prior to receipt of written
notice 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 eighty
(180) days, any change in CONSULTANT’s compensation shall be
subject to renegotiation and, if necessary, approval by the Palo
Alto City¯ Council (the "City Council"). If this Agreement is
suspended or terminated for fault of CONSULTANT, CITY shall be
obligated to compensate CONSULTanT only for that~ portion of
CONSULTANT’s services which are of benefit to CITY, as such
determination may be made by the City. Manager in the reasonable
exercise of his or her discretion.
SECTION 8 -PROGRESS AND COMPLETION
8.1 ~ TERM OF AGREEMENT; TIME IS OF THE ESSENCE
The term of this Agreement shall commence upon its
execution by CITY.The Schematic Design Phase of the work shall
"start immediately upon receipt by. CONSULTANT of a 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 CITY’s written notification thereof and, until
receiving such notification, CONSULTANT shall not proceed with any
subsequent item of service. The parties hereto agree that time is
16
980204 ~yn~71348
of the essence of this Agreement.
upon agreement of both parties.
This Agreement shall qerminate
8.2 TIME OF COMPLETION OF EACH PHASE
CONSULTANT agrees to perform the phased services within
the time limits set forth under the time schedule in Exhibit A
provided, however, that any change in the scope of services may
require a revised time table.
The Construction Stage, if any, shall be dependant upon
the length of the contract, but in no event shall CONSULTANT submit
Record Drawings later than ten (I0) days after completion of
construction work, as determined in writing by the Project Manager.
CITY agrees to exercise due diligence in performing its
tasks to implement CONSULTANT’s time table provided under
Exhibit A.
8.3 CITY’S REVIEW AND APPROVAL
Between each phase of work there shall exist a review and
approval period by CITY. CITY shall exercise due diliggnce to
complete these tasks; however, it is recognized that the
interrelated exchange of information among CITY’s various
departments makes it impossible to set a specific time schedule.
Normally, CITY’s estimated period of review and approval will be
furnishedto CONSULTANT at the time of submission of each phase of
the work.
8.4 EXTENSION OF TIME OF COMPLETION
In the event the services called for under this Agreement
are not completed by CONSULTANT within the time specified, CITY
shall have the option to extend the time of completion. This
paragraph does not precludethe recovery of damages for delay of
either party.
SECTION 9 -CHANGES IN WORK
CITY may order, major changes in scope or character of
work, either decreasing or increasing the amount of CONSULTANT’S
services. In the event that such changes are ordered, CONSULTANT
:shall be entitled to full compensation for all work performed prior
to receipt of notice of change. Increased compensation for major
changes .shall be determined in accordance with Section 7 of the
Agreement, but in no event shall CITY be liable for payment unless
the amount of such extra compensation shall first have been agreed
to in writing by CITY.
In the event that major changes are ordered pursuant to
this section, the schedule for progress and completion 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 necessary, by the City Council.
17
980204 syria71348
SECTION I0 - TERMINATION OR SUSPENSION OF AGREEMENT
i0.i CANCELLATION BY CONSULTANT
CONSULTANT may terminate this Agreement or suspend work
on the Project by providing thirty (30) days’ written notice
thereof to CITY, but only in the event of substantial failure of
performance by CITY or in the event CITY abandons or indefinitely
postpones the Project.
10.2 CANCELLATION BY CITY
Without limitation to such rights or remedies as CITY
shall otherwise have by law, CITY may terminate this Agreement or
suspend work on the Project with or without cause, by providing
fifteen (15) days’ written notice thereof to CONSULTANT, or
immediately after submission to CITY by CONSULTANT of any completed
item of service specified in Section 4 of this Agreement.
CONSULTANT agrees to cease all work under this Agreement upon
receipt of said written notice.
10.3 COMPENSATION OF CONSULTANT
TERMINATION OF THIS AGREEMENT
IN THE EVENT OF
In the event of termination of this Agreement or
suspension of work on the Project by either CITY or CONSULTANT as
provided herein, CONSULTANT shall receive compensation as follows:
(a) For approved items of servic~ under Section 4
of this Agreement, compensation shall be in the amount outlined
under Section 7 of this Agreement for the items of service fully
performed by CONSULTANT.
(b) For items of service on which a Notice to
Proceed has been issued by CITY, but which have not been fully
completed and approved, CONSULTANT shall be compensated for the
items of service in an amount which bears the same ratio to the
total fee otherwise payablefor the performance of the service as
the service actually rendered bears to the total service necessary
for the full performance of the item of service.
(c) In no event shall the total compensation paid
".-in the immediately preceding paragraphs exceed the payment
specified in Section 7 for the respective items of service to be
furnished by CONSULTANT.
(d) Notwithstanding anything in the preceding
..paragraphs, upon termination for fault of CONSULTANT, CITY shall be
obligated to pay for only that portion of the service which can be
incorporated in the Project.
10.4 DUTIES OF CITY AND CONSULTANT
Upon termination of this Agreement or suspension of work
on the Project by either CITY or CONSULTANT, as provided herein,
18
980204 syn~71348
all duties of CITY and CONSULTANT, as set forth in Sections 4 and
5 hereinabove, shall terminate.
SECTION Ii CONSULTANT’S ACCOUNTING RECORDS
Records of the following expenses pertaining to the
Project shall be kept by CONSULTANT in accordance with generally
recognized accounting principles and shall be made available to
CITY at mutually convenient times during the term of this Agreement
and for three (3) years following the termination of this
Agreement:
expenses.
(a) Direct personnel expenses, including,consultant
(See Section 7 of this Agreement.)
Agreement).
(b)Reimbursable expenses.(See Section 7 of this
(c) Expenses pertaining to Additional Services.
(See Section 7 of this Agreement.-)
SECTION 12 -OWNERSHIP OF DOCUMENTS
12.1 OWNERSHIP OF ORIGINAL DOCUMENTS
Subject to the provisions of Paragraph 12.2 below, the
original drawings, maps, plans, designs, records of survey, work
data, specifications, and any other documents prepared by
CONSULTANT in the performance of this Agreement, although instru-
ments of professional service, are and shall be the property of
CITY whether the work for which they are made is performed or not.
12.2 TRANSFER TO CITY
Upon termination under Section’10 of this Agreement.and
upon CITY’s payment of the amount required to be paid under same
section, the originals and all drawings, calculations,
specifications and any similar documents shall become the property
of CITY, and CONSULTANT shall transfer them to CITY, upon request,
without additional compensation. CITY shall have the right to
utilize ~any completed or uncompleted drawings, estimates,
specifications, and any other documents prepared hereunder by
.~.CONSULTANT.
SECTION 13
INDEPENDENT OF CITY
INTEREST OF CONSULTANT;CONSULTANT
In accepting this Agreement, CONSULTANT covenants that it
"’presently has no interest, and shall not acquire any interest,
direct or indirect, financial or otherwise, which would conflict in
any manner or degree with the performance of the services
hereunder. CONSULTANT further covenants that, in the performance
of this Agreement, no subcontractor or person having such an
interest shall be employed. CONSULTANT certifies that no one who
980204 syn 0071348 19
has or will have any financial interest under this AgreeMent is an
officer or employee of CITY.
It is expressly agreed that in the performance of the
professional services required under this Agreement CONSULTANT, and
any of its subconsultants or employees, shall at all times be
considered independent contractors and not agents or.employees of
CITY.
SECTION 14 -OUTSIDE CONSULTANTS
CONSULTANT shall be responsible for employing all outside
consultants (subconsult~nts) necessary to aid CONSULTANT in the
performanceof the services listed in Section 4 of this Agreement;
provided, however, that all such subconsultants shall receive prior
approval of CITY in writing and shall remain acceptable to CITY
during the term of this Agreement.
SECTION 15 INDEMNITY
CONSULTANT agrees to protect, indemnify, defend and hold
hirmless CITY, its Council members, officers, employees, and any
agents of whom CONSULTANT~has knowledge or whose identi<ies are
disclosed to CONSULTANT, 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 the
negligence or willful misconduct of CONSULTANT or its officers,
employees, or subconsultants, or conduct for which California law
may impose strict liability on CONSULTANT in .the performance or
non-performance of .its obligations under this Agreement.
SECTION 16 INSURANCE
16.1 INSURANCE COVERAGE
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 described in Exhibit "C"
to this Agreement, attached hereto and made a part hereof by this
reference, insuring CONSULTANT, and, with the exception of workers’
compensation, employer’s liability and professional liability
insurance, naming as additional insureds CITY, its Council members,
officers, employees and any agents of. whom CONSULTANT has knowledge
or whose identities are disclosed to CONSULTANT, and each of them,
concerning this Agreement and the Project.
All insurance coverage required hereunder shall be
provided through carriers with a Best rating of A:X or higher that
are admitted to do business in the State of California. Any and
"’all~subconsultants of CONSULTANT under this Agreement shall obtain
and maintain, in full force and effect throughout the term of-this
Agreement, identical insurance coverage, with CITY named as
additional insured under such policies as required above.
2O980204 syria71348
16.2 EVIDENCE OF COVERAGE
Certificates of such insurance, preferably on the forms
provided by CITY, shall be filed with CITY concurrently with the
execution of this Agreement. The Certificates shall be subject to
the approval of the Risk Manager and shall contain an endorsement
stating that the insurance is primary coverage and will not be
cancelled or materially altered by the insurer without thirty (30)
days’ prior written notice to CITY of such cancellation or altera-
tion, and that the City of Palo Alto is named as an additional
insured except in policies of workers’ compensation, employer’s
liability, and professional .liability insurance. Current certifi-
cates of such insurance shall be kept on file at all times during
the term of this Agreement with the City Clerk.
16.3 NO LIMIT OF LIABILITY
The procuring of such required policy or policies of
insurance shall not be construed to limit CONSULTANT’s liability
hereunder nor to fulfill the indemnification provision and
r4quirements of this Agreement under Section 15 hereof.
Notwithstanding said policy or policies of insurance, CONTRACTOR
shall be obligated for the full and total amount of any damage,
injury, or loss caused by the services performed under this
Agreement, including after the Agreement has terminated or expired.
SECTION 17 WORKERS’ COMPENSATION
CONSULTANT, by executing this Agreement, certifies that
it is aware of the provisions of-the Labor Code of the .State of
California which require every employer to be insured against
liability for workers’ compensation or to undertake self-insurance
in accordance with the provisions of that Code, and certifies that
it will comply with such provisions before commencing the
performance of the work under this Agreement.
SECTION 18 CORRECTION OF ANY ERRORS, OMISSIONS, AND
AMBIGUITIES IN CONTRACTDOCUMENTS
Any errors,omissions, or ambiguities in the contract
documents prepared by CONSULTANT which are discovered before the
Project is invited 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 non-beneficial changes in
construction. 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 and shall be paid for by
CITY only insofar as they add a benefit to the construction work.
980204 syn 0071348
SECTION 19 -AUDITS
CONSULTANT agrees to permit CITY to audit, at any
reasonable time during the term of this Agreement and for three (3)
years thereafter, CONSULTANT’s records pertaining to matters
covered by this Agreement. CONSULTANT further agrees to maintain
such records for at least three (3)’years after the termination of
this Agreement.
SECTION 20 AGREEMENT BINDING
The terms, covenants, and conditions of this Agreement.
shall apply to, and shall bind, the heirs, successors, executors,
administrators, assigns, and subcontractors, ~as the case may be, of
both parties.
SECTION 21 NONASSIGNABILITY
21.1 PERSONAL SERVICES OF CONSULTANT
¯ . Both parties hereto recognize that this Agreement is for
the personal services of CONSULTANT and cannot be tran@ferred,
assigned, or subcontracted by CONSULTANT without the prior written
consent of CITY.
21.2 SERVICES OF SUBCONSULTANTS AND THEIR EMPLOYEES
CONSULTANT shall be responsible for employing or engaging
all persons necessary to perform the services of CONSULTANT
hereunder. No subconsultant of CONSULTANT will be recognized by
CITY as such; rather, all subconsultants are deemed to be employees
of CONSULTANT, and it agrees to be responsible for their
performance. CONSULTANT shall give its personal attention to the
fulfillment of the provisiohs of this Agreement by all of its
employees and subconsultants, if any, and shall keep the work under
its control. If any employee or subconsultant of CONSULTANT fails
or refuses to carry out the provisions of this Agreement or appears
to be incompetent or to act in a disorderly or improper manner, he
or she shall be discharged immediately from the work under this
Agreement on demand of CITY.
SECTION 22 - RELIANCE UPON PROFESSIONAL SKILL OF
CONSULTANT
It is mutually understood and agreed by and between the
parties hereto that CONSULTANT is skilled in the professional
calling necessary to perform the work agreed to be done hereunder
and that CITY relies upon the skill of CONSULTANT to do and 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 from the obligation.
22
980204 syn 0~371348
SECTION 23 NO IMPLIED WAIVER
No payment, partial payment, acceptance or partial
acceptance by CITY shall operate as a waiver on the part of CITY of
any of its rights under this Agreement.
SECTION 24 WAIVERS
The waiver by either party of any breach or violation of
any term, covenant, or condition of this Agreement or. of any
provisions of any ordinance or law shall not be deemed to be a
waiver of such term, covenant, condition, ordinance o9 law or of
any subsequent breach or violation of the same or of any othen
term, covenant, condition, ordinance or law. The subsequent
acceptance by either party of any fee or other money which may
become due hereunder shall not be deemed to be a .waiver of any
preceding breach or violation by ~the other party of any term,
covenant, or condition of this Agreement or of any applicable law
or ordinance.
SECTION 25 COSTS AND ATTORNEYS’ FEES
The prevailing party in any action brought to enfQrce the
~terms of this Agreement or arising out of this Agreement may
recover from the other party its reasonable costs and attorneys’
fees expended in connection with such an action from the other
party.
SECTION 26 NONDISCRIMINATION; PENALTY
26.1 DUTY OF CONSULTANT
No discrimination shall be made in the employment of
persons under this Agreement because of the age, race, color,
national origin, ancestry, religion, disability,, sexual preference,
or sex of such person. If the value of this Agreement is, or may
be, Five Thousand Dollars ($5,000) or more, CONSULTANT agrees to
meet all requirements of.the Palo Alto Municipa! Code pertaining to
nondiscrimination in employment, including completing the
"Compliance Report~-Nondiscrimination Provisions of City of Palo
Alto Contracts" on the form furnished by CITY and attached hereto
as Exhibit "D" and made a part hereof by this reference.
CONSULTANT agrees that each agreement for services
from independent providers shall contain a provision.substantially
as follows:
"Provider shall provide CONSULTANT with a
certificate stating that he (or she) is currently in
compliance with all Federal and State of California laws
covering nondiscrimination in employment; and that he (or
she) will not discriminate in the employment of any
person under this contract because of the age, race,
color, national origin, ancestry, religion, disability,
sexual preference or sex of such person."
23
980204 syn 0071348
26.2 PENALTY FOR DISCRIMINATION
If CONSULTANT is found in violation of the
nondiscrimination provisions of the State of California Fair
Employment Practices Act or similar provisions of federal law or
executive order in the performance of this Agreement, it shall
thereby be found in material breach of this Agreement. Thereupon,
CITY shall have the power to cancel or suspend this Agreement, in
whole or in part, or to deduct from the amount payable to
CONSULTANT the sum of Twenty-five Dollars ($25) for each person for
each calendar day during which such person was discriminated
against, as damages for breach of contract, or both. Only a
finding of the State of California Fair Employment "Practices
Commission or the equivalent federal agency or officer shall
constitute evidence of a violation of contract under this section.
If CONSULTANT is found in violation of the
nondiscrimination provisions of this Agreement, CONSULTANT shall be
found in material breach of this Agreement.~ Thereupon CITY shall
have the power to cancel or suspend this Agreement, in whole or in
p~rt, or to deduct from the amount 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
for breach of contract, or both.
SECTION 27 ARBITRATION
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 of the American
Arbitration Association, and judgment upon+ the award rendered by
the arbitrators may be entered in any court having jurisdiction
thereof.
SECTION 28 -NOTICES’
All notices hereunder shall .be given in writing and
mailed, postage prepaid, by certified mail, addressed as follows:
To CITY:
To CONSULTANT:
Office of the City Clerk
Post Office Box 10250
Palo Alto, California 94303
Attention of the Project Director
at the address of CONTRACTOR recited
above
SECTION 29 -ALL COVENANTS ARE CONDITIONS
All provisions of this Agreement are expressly made
conditions.
24980204 syn~71348
SECTIQN $0 -AGREEMENT CONTAINS ALL. UNDERSTANDINGS :
This document represents the entire and integrated
agreement between CITY and CONSULTANT and supersedes all prior
negotiations, representations, and agreements, either written or
oral.
This, document may be amended only by written instrument,
signed by both CITY and CONSULTANT.
SECTION $I ..- GOVERNING LAW
This Agreement shall be governed by the laws of the State
of California.
IN WITNESS WHEREOF~ CITY and CONSULTANT have executed
this Agreement the day and year first above written.
ATTEST:
City Clerk
APPROVED AS TO FORM:
Senior Asst. City Attorney
APPROVED:
Assistant City Manager
CITY OF PALO ALTO
Mayor
WALLACE ROBERTS & TODD
Taxpayer Identification No.
231615241
Acting Director of
Administrative Services
Director of Public Works
Risk Manager
Attachments:
EXHIBIT "A" :
EXHIBIT "B" :
EXHIBIT "C" :
EXHIBIT "D" :
SCOPE OF PROJECT & TIME SCHEDULE
RATE SCHEDULE & PAYMENT SCHEDULE
INSURANCE
NONDIS’CRIMINATION COMPLIANCE FORM
25980204~n~71~48
CERTIFICATE OF ACKNOWLEDGEMENT
{Clvll Code ~ 1189)
STATE OF c2~^)
COUNTY OF ~O )
F£8 1 0 1998 , 1998, before me,
,
a Notary Public in and for said County and .State, personally
appeared __~]~ 2~ ~.6~T~~ , personally known to me
or proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the same in
.his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Skignature of Notary Public
SAN DIEGO L;,OUNTYMyCon~misslo¢, Expires
R. M. MEDINA
NOTAI~ PUBUC~
~20 W, Broadway, Lobby
San Diego, CA ~ 101
26980204 syn 0071348
WALLACE ROBERTS ~"
EXHIBIT A
Mr. Jim Harrington
lanuary 20, 1998
PROJECT OVERVIEW
Wallace Roberts & Todd (WRT) and its subconsultants have completed the Master Plan for Downtown Urban
Design Improvements. for the City of Palo Alto (City), under contract #C6082953, executed April I, 1996. On
August I I, 1997 the Master Plan was approved by Palo Alto City Council,
The current project involves implementation of selected improvements recommended in the adopted
Downtown Urban Design Improvements Master Plan, The Master Plan improvements are generally,
developed to schematic or planning levels of detail, as possible given existing base maps and as-built drawings.
The Phase One construction budget is assumed to be $630,000, Improvements to be included in the Phase
One project were tentatively identified by City staff, based on the July 1996 Master Plan Improvement Costs
developed by WRT. Because the master pl.an opinion of cost was prepared for budgeting purposes only, the
final scope of project improvements will be determined at the end of the design development phase, after
confirmation of site conditions, further development of the designs and preparation of more accurate cost
estimates, Public art elements to be incorporated into Phase One will be commissioned by the City ~lnder
separate contracts with the artists; however, WRT will coordinate design, production and installation of the
elements as part of this scope of work.
The project site is described on the attached Project Area Map. It is a 17-block area generally bounded by Alma
,Street, Lytton Avenue, Middlefield Road and Hamilton Avenue; and includes University Avenue, Lytton Plaza,
Cogswell Plaza, public streets, sidewalks and parking lots in downtown Palo Alto.
SCOPE OF WORK
I.SCOPE ITEMS
Master Plan recommendations which were identified for implementation in the Phase I design and
construction project include improvements to:
Pedestrian areas at four major University Avenue intersections, to include:
2.
3,
4,
5.
6.
7,
8.
Renovation of existing concrete walls with artist-designed tile and metalwork.
New metal railings incorporating artist-designed metalwork
Custom metal rail supports for standard modular newsboxes
Street furniture
Replacement and addition of street lights
Renovation of plantings and irrigation as necessary
Sidewalk repair, including brick pavement areas
Bike racks
L:\961068~ADMIN~CDPROP2.WPD 2
Mr. Jim Harrington
January 20, 1998
University Avenue sidewalks (outside the four maior intersection areas), to include:
I,Street furniture
2,Custom metal rail supports for standard modular newsboxes
3.Replacement and addition of street lights at intersections
4,Sidewalk repair
Downtown cross street sidewalks, to include:
2,
3.
4.
5,
6.
7.
Street furniture
Custom metal rail suppo~ for standard modular newsboxes
Replacement of selected street lights
Sidewalk repair
Coordination with tree well improvements by the City
Bike racks
Tree wells
Emerson/Hamilton intersection, to include:
I,Sidewalk widening on two corners, with associated drainage improvements"
2.Street furniture
3.Custom metal rail supports for standard modular newsboxes
4.Replacement of selected street lights
Coordination with public restroo~n installation.by the City
Parking lot, directional and street signage.
II.
III.
WORK PHASES
The Scope of Work includes the following phases:
A,Design Development
B,Construction Documents
C.Construction Administration
SUBCONSULTANTS
WRT shall retain and coordinate the services of professional consultants for the following items:
A.Civil engineering, including vehicular pavements and storm drainage improvements
B,Electrical engineering, including street and pedestrian lights and associated electrical service,
C,Structural engineering
D.Irrigation design,
L:\961068V~DMIN~CDPROP2,WPD 3
Mr. Jim Harrington
January 20, 1998
IV.SCOPE OF SERVICES
Ao Design Development Phase
Upon receipt of a signed contract or authorization to proceed, WRT shill provide those
services necessary to prepare the Design Development documents from the approved Master
Plan. The purpose of the Design Development Phase is to define the scope, detail and
expected cost of the Phase I improvements listed in section I, to a level which will allow
preparation of Construction Documents to begin. During the Design Development Phase,
existing conditions will be surveyed or field checked, and the scope and character of
improvements will be refined as necessary to respond to specific site conditions, applicable
CiS/details, work of other City consultants and other City improvement projects such as street
resurfacing, traffic signal upgrades and implementation of the newsrack ordinance.
I.Design Development Tasks and Deliverables:
Topographic Survey
¯ Prepare topographic surveys as necessary to create an accurate
CAD base map for areas targeted for construction (primarily the four
major University Avenue intersections and the Hamilton/Emerson
area of sidewalk widening).
¯CAD base maps provided by the City, which are not based on
topographic survey, will be used to describe improvements outside
the surveyed areas.
Preliminary Demolition, Layout and Materials Plan
¯Indicate extent of demolition and elements to be removed.
¯Indicate proposed site elements, including pubtic art elements,
lighting, signage, furnishings and paving.
¯Give dimensions of major site elements, including public art elements
to assist the metal and tile artists with layout and development of
designs.
Preliminary Grading and Drainage Plan
¯Indicate intended grading concept and extent of regrading.
¯Indicate existing and proposed drainage structures, and necessary
modifications to the existing storm drain system. Note drainage
improvements by others to accommodate Phase II T-intersection
sidewalk widenings.
Preliminary Planting Plan
¯ Define new planting areas, existing planting areas to be replanted
and existing planting areas to be renovated and enhanced.
¯Develop preliminary plant lists
Preliminary assessment of irrigation improvements
L:\961068VkDMI N~CDPROP2.WPD 4
Mr. Jim Harrington
January 20, 1998
¯Assess existing irrigation system in planting areas to be replanted,
renovated and enhanced, for adequacy and need for alteration.
Preliminary Electrical Drawings
¯Determine service points and requirements for electrical systems.
¯Site lighting fixtures and materials, and proposed light intensities.
¯Site lighting layout, including diagrams of service equipment, feeders
and panels other than branch circuits,
Preliminary Site Details
In coordination with artists developing metalwork and tile, indicate
proportions, use of materials, interface with existing structures,
support, materials, colors and other features of site elements such as
the bunker walls and newsrack railings.
¯Samples of proposed materials, colors and textures. Catalog cuts of
manufactured items.
¯Concept design of footings for railings; footings for furnishings, if
necessary.
¯Vehicular and pedestrian pavement finishes
Phasing Plan, based on projected funding levels, for future phases of work.
Study models and mockups, as determined necessary by WRT.
Coordination
¯Work of subconsultants
¯Elements to be designed and produced by artists, including
production of a full-size samples of tile and metalwork for approval
by the Art Commission.
Identification of items to be coordinated with other City construction
projects, i.e. street resurfacing and traffic signal upgrades.
Site visits as necessary to check proposed design with existing site conditions
Design Development level opinion of cost
Design Development Submittals
50% completion: plans, sections, details, catalog cuts
100% completion: plans, sections, details, catalog cuts, mockups, irrigation
assessment, design development opinion of cost and phasing plan.
Design Development Meetings and Presentations
Public Art Commission and/or ARB: 2 meetings
Working sessions with City staff: 3 meetings.
L:\961068~ADMIN~CDPROP2.WPD 5
Mr. Jim Harrington
January 20, 998
Construction Document Phase
Upon review of the design development documents and approval to proceed from the City,
WRT shall provide those services necessary to prepare the Construction Documents for
Phase I improvements from the approved Design Development Documents.
I.Construction Document Tasks and Deliverables
Demolition Plans
Layout Plans
¯Baseline, location and overall dimensions of proposed site elements
¯Existing and proposed paving and ~lanting areas
Grading and Drainage Plans and Details
¯ Original and proposed finished grades within identified construction
areas. The grading will be consistent with ADA regulations.
¯Invert and rim elevations for all existing and proposed
drainage structures, and necessary modifications to the existing
storm drain system.
¯Details of proposed drainage improvements.
Planting Plans and Details
¯New planting areas, existing planting areas to be replanted and
existing planting areas to be renovated and enhanced,
¯Planting details
¯Plant list and schedule.
Irrigation Plans and Details
¯For new planting areas and existing planting areas in which the
Irrigation Assessment determined a need for modifications to the
existing irrigation system.
Electrical Plans and Details
¯ Electrical plans including light layout and circuiting, power layout and
circuiting, lighting fixture schedules, single line diagrams, panelboard
schedules, sections and details.
¯Electrical calclulations including lighting level, electrical loads, voltage
drop and short circuit calculations.
Construction Details
¯Structural details for sitework footings.
¯Paving details
¯Wall details
Specifications
¯Technical Specifications
¯Include requirements for qualification of metal fabricators and
performance standards for metalwork fabrication.
L:\961068~ADMIhACDPROP2.WPD 6
Mr. Jim Harrington
January 20, 1998
¯Include requirements for coordination of construction and fabrication
with metal and tile artists, and submittals including full-sized sections
of metal and tilework installed in the field.
Coordination
¯Work of ~ubconsultants
¯Design and production of elements produced by artists
Site visits as necessary to check proposed design with existing site conditions
Construction Documents level opinion of cost
Construction Documents Submittals
50% completion
¯ 8 sets of plans, details, technical specifications and construction cost
estimate for City review,
100% completion
¯3 sets of plans, details, technical specifications and final construction
cost estimate for City approval.
Bid Set
¯One reproducible set of all approved plans, documents and forms
submitted to the City for reproduction.
Construction Documents Meetings and Presentations
a.Working sessions with City staff: 3 meetings.
Bidding Phase
Upon approval to proceed from the City, WRT shall provide assistance to the City’during the
bidding of the project.
Attendance at a pre-bid conference.
Assisting the City in with pre-bid questions, clarifications and issuance of addenda
Assisting the City as necessary with analysis of the bids.
D0 Construction Administration Phase
Upon approval to proceed from the City, WRT shall provide construction administration
services during the construction of the project.
L:\961068M, DMI N~CDPROP2.WPD 7
Mr, lira Harrington
January 20, 1998
WRT shall endeavor to secure compliance by the contractors to the plans and specifications.
On the basis of its observations while at the site, V~/RT will keep the City informed of the
progress of construction. WRT may recommend to the City the rejection of work failing to
conform to the design intent of the contract documents. V~/RT shall not be responsible for
construction means, methods, techniques, sequences or procedures in connection with the
work and V~RT shall not be responsible for the contractor’s errors of omission or failure to
carry out the work in accordance with the contract documents.
Construction Administration Tasks and Deliverables:
Review submittals, including shop drawings, samples, manufacturers’ literature
and prototypes, to determine general conformance with the construction
documents.
Respond to clarification request.
Review contractor proposals for change order work and provide ’
recommendations to the City. Assist the City in negotiation of change order
work with contractors as necessary.
Participate in up to nine site visits during construction to observe the progress
of the work and to determine in general if the construction is proceeding in
accordance with the design intent and construction documents. These visits
shall be scheduled approximately as follows:
¯Layout of maior intersection improvements, including review of
submittal of sample a~t metal and art tile installation.
¯Layout of sidewalk extension,s)
¯Layout of street furnishings and other landscape elements ~2 visits).
¯Layout and testing of the irrigation system.
¯Planting.
¯Preliminary and final project close out.
¯Conclusion of the maintenance period.
Participation in two field visits to the nursery to select and review plant
materials for the project.
Preparation of record drawings as required.
Construction Administration Meetings
a.Working sessions/coordination meetings: 6 meetings
EXCLUSIONS TO SCOPE OF SERVICES
The City shall provide the following information or services required for performance of the work.
WRT assumes no responsibility for the accuracy of this or any information or services supplied by the
L:\96106~ADMIN~CDPROP2,WPD 8
Mr. Jim Harrington
January 20, 1998
City or their other consultants and shall not be liable for errors or omissions therein, Should WRT be
required to provide services obtaining this information, or altering our work due to errors or omissions,
such services shall be charged as Extra Services,
F.
G.
H.
Accurate and up to date topographic survey of areas of improvements, including verification of
dimensions of existing streetscape improvements at major University Avenue intersections.
Utilities block maps of the proiect area, orthophotogrammetric maps and as-built drawings of
University Avenue streetscape improvements.
Street and property boundary information.
Planning studies which have been prepared for the project site and surrounding area.
Soils and other technical reports, including recommendations for on-grade paving and other
structures,
Soi! fertility analysis, if required,
Further analysis of existing planting by an arborist or horticulturalist, if so required.
Engineering other than that provided within the Scope of Services
Design approvals from government bodies.
WRT shall prepare construction documents to reasonably conform to applicable cod6s and
regulations of government bodies having iurisdiction over the work at the time of preparation.
Should design approvals from such government bodies be required during the course of the
project, the City shall be solely responsible for securing all such approvals.
VI.EXTRA SERVICES
Extra services shall be provided only upon the City’s request and approval, and will be billed according
to the WRT Hourly Fee and Expenses Schedule. Extra services include but are not limited to the
following:
Bo
C.
D,
E,
Preparation of revisions to ,approved drawings when such revisions are inconsistent with data
or approvals previously given by the City.
Changes in the design program, budget or schedule,
Preparation of environmental or other documentation for government agency approval.
Providing services as listed in the Exclusions to Scope of Services.
Any other service not described within the scope described herein.
L:\961068M~MIN~CDPROP2.WPD 9
Mr. Jim Harrington
January 20, 1998
VII.FEES AND EXPENSES
Fees for professional services for this scope of work shall be billed monthly based on percent
completion of each phase, Fees for each phase shalt be the following:
Design Development
Construction Documents
Bidding
Construction Administration
25,250.
44,220,
2,640.
13,950.
Total Labor 86,060.
Expenses
Reimbursable expenses shall be billed according to the WRT Hourly Fee and Expenses
Schedule, Reimbursable expenses are estimated to be:
Travel 500,
Reproduction 2,600.
Miscellaneous (phone, fax, delivery, etc,)500,
Total Expenses 3,600,
Total Labor and Expenses $89,660.
L:\961068~ADMIN~CDPROP2.WPD
Palo AJto Downtown Urban Design Improvements Project
COST PROPOSAL
PHASE I IMPLEMENTATION
I. DESIGN DEVELOPMENT
ia, Base preparation
b Preilm. ~emo & layout plan
c. IPrehm" grad~ng/drmnage plan
d. Prelim. planting plan
e, IAssess irrlgat~on imprs.
f. Prehm. electrical drawings
g. IPreliminary site details
h. Phasing plan
~, /Study models, mockups
I, /Coord’na~on
k. /Site vis~s
1, !Opinion of cost
m./Meet~ngs and presentationsIDD PHASE TOTAL
2. CONSTRUCTION DOCUMENTS
al Demolnion plar~
b. Layout plan
c. IGrad~ng plan and details
d. Planting plan and detads
e./Irrigation plan and det~ds
f. Electrical plan and details
g. IConstruct~on details
h. Technical specifications
i. Coord~nabon
j. ]Site vls~ "
k, IOpinion of cost
I. IMeetings and presentations
/CD PHASE TOTAL
3. BID01NG
a. IPre-bid conference
b. Bid assistance
c.Analysis of bids
B D PHASE TOTAL
4. CONSTRUCTION ADMINISTRATION
a. I Review submittals
b. IClarifications and change orders
c. I$ite v~sits (9. incL 3 meetings)
d. INursery vis~
e. I Record drawings
f. ICoord~nation
g. !Meetings (3)
CA PHASE TOTAL
To~al L~bor _ ¯
DireCt Expenses
Subtotal
TOTAL
961068VkDMIN\CDFEES.XLS,
Och~
Hrs I $
0
3 270
o
2 18o
0
0
16 1,44o
2 180
o
4 360
4 i 360
2 ,180
4 360
3.330
180
36O0
360
9O
90
720
36O
360
360
180
22/98
Wallace Roberts & Todd
Lee
HrsI $
8 I 520
8 !520
2 I 130
4 I 260
Total
$
MTH
Electrical Eng.
Hrs ! $
5HJ Butzbacl~
Engineers Structural Eng,
Brookwater
Irrigation Des.Davis Support
Hrsl $ Hrsl $
32 I 1,440 0
8 I 360 0
0 0
12 I 540 ’0
0 0
0 0
0 0
0 0
16 I 720 ’0
0 0
12 I 540 ’0
8 I 360 ’0
0 0
3,960 0
32 [ I,~400 o
32
I,i40
24 1,080
16 I 720
8
3600
I 6,120 540
0
o
o
0 0
o o
o 0
o 0
24 1,080 0
0 0
o o
I 1,080 0
Total by
Phase
1360
1,150
130
980
26O
130
4.040
700
1 140
t1400
1,420
1,060
88O
15,350
4 t 260 1,000
2 [130
40 I 2,600
8 I 82O
B I 8~d ’
16 I 1,040
8 I 520
8 1 520
8 I 520
I 8,060 1 1,000 25,250
1,240
2,840
260
2,840
480
480
4,400
2,040
4,260
2,120
1,760
1,400
24,120
8 520
16 l 1,04d
4 260
16 I 1,040
6 I 390
6 l 390
40
12 ]780
60 3,900
16 1,040
16 1,040
16 1,040
I 14,040
5,000
I
12,59o
12.500
700
1,800
20,000
300
20,300
8 520
4 I 260
4 260
’,040
2,900
1,000
2300 1,000
24 1,560
16 1,040
36 2,340
8 520
2 130
40 2,600
12 780
8,970
2.000
0’ ~3,000
520
260
260
1,040
1,560
1.040
2,340
520
2,600
78O
10,050
:50,560
3,000
53,560
44,220
2,640
13,950
3,600
89,660
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7
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WALLACE ROBERTS ~" TOOD
EXHIBIT B
FEE SCHEDULE
1998 Hourly Billing Rates
Partner
Associate
Senior Landscape Architect
Landscape Architect
Junior Landscape Architect
Senior Planner
Planner
Junigr Planner
Senior Designer
Designer
Junior Designer
Administrator
Secretary.
125.00 - 185.00
100.00 - 125.00
75.00- 100.00
55.00 -75.00
45.00 -55.00
75.00- 100.00
55.00 -75.00
45.00 -55.00
75.00- 1.00.00
55.00 -75.00
45.00 -55.00
45.00 -60.00
30.00 -45.00
Rates are subject to increase January 1, 1999.
Reimbursables:
Employee Car @ $.3 i/mile, or current’government allowance
Rental Car, Airline Tickets, Taxi, and any other transportation charges
Subsistence
Reproduction (Includes all blueprints, xerox, photography, etc.)
Miscellaneous (Includes postage, overnight mail, telephone, messenger, etc.)
CADD terminal charges @ $30/hour
Consultants
There is a 10% administrative fee on all reimbursables.
Invoices are due within 30 days from the date of the invoice. Interest of 1.5% per month (18% annual)
’ will be charged on any overdue invoices.
605 CoCo
MounI~in VIew,
~4042-0~0
Tel. (45) 969-6900
Fox (415) 969.6472
14 (408) 757.2927
Fax (408) 757.6876
Socm~onb Office
tel. (916) P29-9290
Fox (916) 929-9541
SAND5 I’IUMBERCIVIl, ENGINEERS $URVEI’OR$ PL,~NNERS
STANDARD HOURLY CHARGE RATES
MOUNTAIN VIEW OFFICE
Effective July 16, 1999
pFPI~ SERVICES
Technical/Clerical Assistance ........$
Computer Draftsperson/Senior Draftsperson ....
Engineering/Surveying Technician ........
Assistant Engineer/Surveyor/Planner .....
Project Engineer/Surveyor/Planner ........
Senior Engineer/Surveyor/Planner ........
Principal .... . ................
4O.OO
80.00
60.00
85.OO
95.00
If0.00
150.00
~ELD SEBVICES
Chief of Survey Crew ..............$
Surveying coordinator ...........
2-Person Survey Crew .............
2-Person Survey Crew with Apprentice ......
3-Person Survey Crew ..............
87.00
i00.00
155.00
197.00
223.00
SPECIAL SERVICES
Expert Witness (4 hrs. min.) ..........$
~EIMBURSABLE ~OSTS
Printing, Monuments, Materials, Outside Services and
Consultants, Agency Fees Advanced, Delivery Service,
Express Mail, Travel and per diem, etc., at Cost Plus 15%.
200.00
All overtime charges are invoiced on the basis of one and
one-quarter times the above rates.
MTH ENGINEERS, INC.
SCHEDULE OF CHARGES
EFFECTIVE JANUARY 1, 1998TO DECEMBER 31, 1998
PERSONNEL CHARGES
I Principal Engineer $110
II Supervising Engineer $95
" III Senior Engineer $85
IV Engineer $75
V Designer $65
VI CAD Designer $60
Vll Clerical/Technical Support $48
The above billing rates are based on personnel salaries, overhead mark-up and profit.
REIMBURSABLE EXPENSES
Expenses for outside special consultants, reproduction, postage and handling, communications,
transportation and. out-of-town living expenses incurred in the interest of the project, will be billed at
invoice cost, plus 10% handling charge.
SCHEDULE OF PAYMENT
Invoices arc payable within 30 days. A late payment charge, computed at the annual rate of fiv~: (5)
percent above the Federal Discount Rate, will be billed on an), invoiced balance due commencing
thirty (30) days after the invoice date.
M.F, IRUINE & RSSOCIRTES ÷ 65032B229~NO.4
BUSINESS INSURANCE CORP.
21 EAST 5TH AVE., STE.205
GONSHOHOCKEN, PA 19428
WALLACE ROBERTS & TOOD
260 SOUTH BROAD STREET
BTH FLOOR
PHILADELPHIA, PA 19102
COMPANIES AFFOROING COVERAGE
COMPANYLm~B A TRAVELERS INDEMNITY OF ILLINIOS
COMP^NYLETTER B STATE WORKMENS INSURANCE
cOW~NY C C~ INSU~NCE COS,
L~ER D
COMPANY
L~R
TH~S ~S TO ~ERT~FY THAT ~E ~LiCI~s OF tNSU~NCE LIS~D BELOW HAVE B~N ISSUED TO ~E INSURED NAMEDABOVE FOR THE POLICY PERIODtND CAT~, NO~ITHSTANDING ~Y REOUIREMENT, TERM OR CONDITION OF ANY CONTACT OR OTHER OOCUMENTWITH RESPECT TOWHiCH THISCERTIFICATE MAY BE ISSUED DR MAY PERTAIN THE INSU~CE ~RPEO eY THE ~LICIE$ DE$CR!~O HEREIN !~ SUBJECT TO ALL THE TERMS,
~CLU60NS AND COED T ONS OF SUCH POL ¢ ES, L M T6 ~OWN MAY HAVE BEEN REDUCED BY PAID C~IM8.
CO TTPE OF INSURANCE
( "X (COMMERCtALGt~NERALLIAOILIT~
~ A~OMOBILE UABILI,Y
~ ~ ~HEDULEP A~O~
.~ ~ OTHER THAN UMB~EL~ FORM
B ;
OTHER
PRO~_SSIONAL
LIABILITY
UJ6601B9K635997
UJCAP169K615197
UJCUP189K636097
1346601-97
ANN4313082
OESC!~IP~IOH OF OP|~ATIOMSzl, OCA]ION$/VEHICLF.~/5"I~,~SAI. I~m
PAT((MMYOO~y) ) Z)A~ (MM~OY~Y)
07/18~7 07/18/98
07~8/97
07/18~7
07/21/97
07/18/98
07/18R8
07/21198
uMI~
¯ ~NE~ ^~RE=X~’ s 2,000,000
~e~sON~ ~OV, tmu.~:~S i,OOO,OOO
EAC~ ~CURRENCE
:, MeO, ~e.s~ (A~?~,F~.on) ’: S 5,000
iO01LY I~J~Y ’(Per pzreon)
BODILY INJURY
PROPERW ~A~GE . $
07/!8R7 07/18198 LIMIT AGGR 1,000,000
i OEO EA/CLM 25,000
ADDITIONAL INSURED AS PER FORM CG T4 gl 11 88 (ATTACHED)
RE: DOWNTOWN URBAN DESIGN IMPROVEMEN_TS
SHOUt.O ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIP~TION DATE THEREOF, THE ISStJING COMPANY WiLL
MAIL ~ OAY$ WEll-tEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
P.o. Box ’ / /
02/0~/98 1~:39 M.F. IRDINE & RSSOCIRTES ÷ ~5{~3292~9
POLICY NUMBER: U J 6 6 018 9 E 6 3 5 9-9 7
THIS ENDORSEMENT CHANGES THE POLICY,
N0,404 P003/003
CLJMMERCIAL GENERAL LIABILITY
ISSUE DATE: 2/09/98
PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED- DESIGNATED PERSON
OR ORGANIZATION
Thls endorsement modifies Insurance provided under the foIIowlng:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Nameofpersonororganization:
CITY OF PALO ALTO, ~TS COUNCIL M~HBERS, OFFICERS, ~HPLO¥~S AND ANY
AGENTS OF SAHE OF WHOM CONSULTANT HAS KNOWLEDGE OR WHOSE IDENTITIES
ARE DISCLOSED TO CONSULTANT.
DOWNTOWN URBAN DESIGN IHPROVEH~NTS ~RO3ECT.
WHO IS AN INSURED (Section !1) is amended to Include as an insured the person or organlzatfon shown In the
Schedule as an Insured but only with respect to liability arising out of your acts or omissions.
CG T4 91 11 88 Copyright, Insurance Services Office, Inc., 1984 Page I of 1
EXHIBIT
AFFIRMATIVE ACTION GUIDELINES
PRE-AWARD PHASE OF CONTRACT
1. In addition to the Certificate of Nondiscrimination required to be filed under
Section 2.30.090 of the Palo Alto Municipal Code (hereinafter "PAMC"), the
bidder shall complete a questionnaire furnished by the City setting forth the
affirmative actions the bidder has taken or will take to:
a. Recruit minorities in its location for all levels of jobs.
b. Select methods assuring equal employment opportunity for all
persons.
c. Establish a training program for new hires where necessary to assure
ample opportunity for the less qualified to more fully qualify.
d. Provide adequate opportunity for upgrading and further training to
assure equal opportunity in advancement and promotion.
e. Provide counselling service for all who may need help to’ &dvance,
especially new employees.
f. Educate supervisors regarding nondiscrimination practices.
2. In addition to furnishing the completed questionnaire called for under #1
above, each bidder for a construction or service project within the City shall
submit the following information for himself and subcontractors. This
information shall constitute the bidding contractor’s Minority Employment
Program (hereinafter "MEP").
a. The estimated total number by job classification of personnel who
shall be used by the contractor and each subcontractor in performance
of the contract. These numbers shall include the estimated breakdown
by one month for the life of the contract. No estimate furnished under
this subparagraph shall be construed or enforced as a hiring quota.
b. In preparing these estimates it is expected the bidder will take, or
agree to take, these additional steps to assure affirmative action in the
field of minority employment.
(1) Recruiting for needed help in the local areas inhabited by
minority members, including open advertising and use of various
p:\typing\-forms\guidelns .mep Sheet 1 of 3
established public and private agencies. [Lists and advice
furnished by the Palo Alto Human Relations Council (hereinafter
PAHRC)].
(2) Training those less qualified to assure adequate promotional
opportunities for all.
(3) Providing necessary counseling for upgrading, including use
of outside training facilities in this area (Lists available from the
PAHRC).
(4) Assigning an Equal Employment Opportunity (EE0) coordinat(~r
full time or as additional duty and assuring that all supervisors are
aware of their responsibilities and that union representatives
recognize their responsibiliti.es in the equal employment program.
(5) Assuring that all subcontractors are in compliance with the
federal and California state laws and regulations relating to
nondiscrimination.
(6) Where the contract is of sufficient duration, "assuring
development of apprenticeship programs with union cooperation.
(7) Upon request,, furnishing the City a copy of the latest Federal
Form EEO-1, or equivalent form.
(8) Providing the name and address of all suppliers whose
supplies and/or equipment exceed 5% of the total supply cost for
each contract and subcontract for the performance of the
contract.
c. Any bidder not submitting an MEP shall not be defined as &
"responsible bidder" and his bid shall be disregarded in the manner now
prescribed by the City.
d. The city Manager will analyze the MEP submitted by each bidding
contractor with the objective of determining if the program submitted by
the contractor for himself and his subcontractors presents a reasonable
effort to further minority employment.
e.. If the City Manager has questions about a particular bidder’s
proposal, he may address such questions to the bidder. The City
Manager will be available to answer questions relative o the guidelines
and to advise those seeking assistance of resources known to him. He
shall not be responsible for the service or lack of service rendered by the
resources recommended, nor shall he be responsible for developing an
MEP for any bidder, or to serve as a recruiter for any bidder.
p:\typlng\-forms\guidelns,mep Sheet 2 of 3
f. Bidders shall be allowed to revise their MEP after consideration. If
bidders withdraw their MEP for revision, their revised progra~q must be
resubmitted b~ a date which shall be established by the City Manager.
Bidders failing to have their revised MEP submitted by the established
date shall not be classified as a responsible bidder.
g. The City Manager, pursuant to the guidelines, shall make a decision
as to the responsibility of each bidder.
AWARD PHASE OF CONTRACT:
Upon award of the contract by the City, the recipient’s MEP which has been
approved and accepted by the City shall be an integral part of the contract and subject
to Section 2.30.093 of thePAMC. No contractor shall be deemed in material breach
of contract under PAMC Section 2.30.093 when he has made a reasonable and
substantial effort to comply with the MEP.
C.POST-AWARD PHASE OF CONTRACT:
1. The contractor shall post in conspicuous places, available to employees and
applicants for employment, notices to be provided, setting forth the law prohibiting
discrimination and advising anyone who feels he is being discriminated against to
advise the FEPC.
2. The contractor shall make written progress reports on the performance of
his MEP at intervals established by the City Manager. The contractor, however, is
encouraged to submit written reports as often and when he deems it relevant to his
MEP.
3. The City Manager shall monitor the performance of the MEP until
completion of the contract and will report to the PAHRC on the progress of the
contractor in living up to his MEP.
4. Any questions of possible breaching of MEP shall be discussed with the
contractor by the City Manager.
References
Resolutions No. 4144 and 4148
Pa/o Alto Municipal Code 2.30. 090
Ordinance No. 2420
p;\typing\-~’orms\guidelns,mep Sheet 3 of 3
ORDINANCE NO.2420
ORDINANCE OF THE COUNCIL OF THE CITY OF PASO ALTO
AMENDIN.G THE PALO ALTO MUNICIPAL CODE TO ADD
PROVISIONS REGARDING NONDISCRIMINATION IN THE PER-
FORMANCE OF CITY CONTRACTS
The Council of the City of Palo Alto does ORDAIN as follows:
SECTIO~ i. That Section 2.30.090 of the Palo Alto Nunicipal
Code be amended to read as follows:
"2.30.090 Lowest responsible bidder. In ~ddition to price,
in determining the ’lowest responsibl6’bidder,’ consideration
will be given to quality and p~rformance of the supplies to
be purchased or services provided by the seller. Criteria
for determining low bid shall include, but not be limited to
the following:
(i) The ability, capacity and skill of the bidder’, to
perform the contract or provide the supplies or services
required.
(2) The ability of the bidder to provide the supplies
or services promptly, or’within the time specified, without.
delay or interference.
(3) The character, integrity, reputation, judgment,
experience and efficiency of the bidder.
(4) The quality of bidder’s performance on previous
purchases or contracts with the city.
(5) The ability of the bidder to provide future main-
tenance, repair parts and services for the use of the supplies
purchased.
(6) Current compliance by the bidder with federal acts
and executive orders and State of California statutes govern-
ing the subject of nondiscrimination in employment, provided
that the city manager shall recognize as proo’f of noncompliance
only the final decisions and orders of those federa! and
state agencies empowered under the law to make such findings.
(7) Certification by the bidder that he will pursue
an affirmative course of action as required by affirmative
action guidelines provided hereinafter reasonably pertaining
to the work of the contract and to the nature and size of his
work force, to ensure that applicants are sought and employed,
and that employees are treated during employment, without
regard to their race, color, national origin or ancestry, or
religion.
(a) Under this section, specific guidelines will
be adopted by council resolution from time to time,
identifying the nature and scope of ’affirmative action’
desired by the city.
(b) Such guidelines shall be made available to
all persons desiring to bid on city business."
SECTION 2. That Section~2.30.091 be added to the Palo Alto
Municipal Code to read as follows:
"2.30.091 Certificate of nondiscrimination. Each bidder
shall enclose with his bid a certificate stating whether
he is currently in compliance with all federal and State of
California la~s covering nondiscrimination in employment, and
that he will pursue an affirmative course of action as required
by affirmative action guidelines as set forth in Section
2.30.090 and resolutions adopted pursuant thereto, and that
if awarded the contract he will not discriminate in the em-
ployment of any person under the contract because of race,
color, national origin or ancestry, or religion, of such
person, and that he will participate, if requested, in pro-
award review of his qualifications under provisions of this
section. The requirements of this section shall apply only
to contracts in excess of five thousand dollars for services
or for a combination of services and supplies."
SECTION 3. That Section 2.30.092 he added to the Palo Alto
Municipal Code to read as follows:
"2.30.092 ’Penalties for discrimination in employment. ANy
contractor who shall be found in violation of the nondis-crimination p~ovisio~s o~ the State of california Fair
Employment Practices Act ~r similar provisions of federal
law or executive order in the performance of any contract
with the city, thereby shall be found in material breach
of such contract and thereupon the city shall have powerto cancel or suspend the contract, in whole or in part, or
to deduct from the amount payable to such contractor the
sum of twenty-five dollars ($25’.00) for each person for each
calendar day during.which such person was discriminated
against, as damages for said breach of contract, or both.
Only a finding of the State of California Fair Emp!oyment
Practices Co.-uaission or the equivalent federal agency orofficer shall constitute evidence of a violation of contract
under this section.’~
SECTION 4. That Section 2.30.093 be added to the Palo Alto
~tunicipal Code to read as follows:
"2.30.093 Penalties for violation of affirmative, action
provisions. Any contractor who shall be found by the City
Manager to be in violation of his agreement to pursue anaffirmative course of action or in violation of any provision
of the affirmative action guidelines pertaining to his con-
tract shall be found in material breach of such contract and
thereupon the City shall have power to cancel or suspend the
contract, in whole or in part, or to deduct from the amountpayable to such contractor the sum of two hundred fifty
dollars ($250.00) for each calendar day during which the
contractor is found to have been in noncompliance, as dam-ages for said breach of contract, or both."
SECTION 5. This ordinance ’shall become effective thirty
days ’from the date of its passage.
INTRODUCED: March ~8, 19~8
PASSED:April 1, 1968
AYES: Arnold, Deahrs, Bcr\vald, Clark, Cow, stock, Cooley, Dias, Gallagher,
Pcarsolb Spaeth, V,’hcatlcy~OES : None
ABS~"NT : ~one
ATTEST:.APPROVED:’
... . .M~yor
/ APPROVED
~ y Attorney
- 2 -
COMPLIANCE REPORT Non-Discrimination Provisions of. Palo Alto
Contracts
IMPORTANT
This report must be completed by prime
contractor and each subcontractor.
Complete all items unless otherwise
instructed. Use extra sheets if
necessary. SUBMIT ORIGINAL OF THIS
REPORT DIRECTLY TO:
City of Palo Alto
Public Works Engineering/Staff Secretary
Civic Center- 6th Floor
250 Hamilton Avenue
Palo Alto, CA 94301
Circle One" Prime Contractor
Part I Complete the Following:
Down town U r banDe sign
Project Improvemm,ts Project
Name of Firm Wallace Roberts & Todd
Telephone 415/541-0830
Name of person preparing form,
person to contact.
Renee Early Ext.#
Subcontractor
1. Full name and address of firm
or other reporting unit covered
by this report.
Wallace Roberts & Todd
121 Second Street, 7th Floor
8an Francisco, CA 94105
2. Name and address of principal
official or manager.
3. Name and address of principal
office of company.
4. Name and address of parent
company, if an affiliated
corporatior~.
Stephen D. Hammond
Wallace Roberts & Todd
121 Second Street, 7th Floor
San Francisco, CA 94105
Wallace Roberts ~z Todd
260 South Broad Street, 8th Floor
Philadelphia, PA 19102
n/a
5. Name and address of prime
contractor (complete only if
this is a subcontractor’s
report.
6. Signature and title of
authorized representative.
DATE: 15 January 1998
Part II
Attach a statement of your company’s policy on equal employment
opportunity to all persons without regard to race, creed, color, national
origin, or ancestry, and describe what steps have been taken to put this
policy into effect.
Part III Circle the Proper Answer.
Have you informed company officials and representatives regarding the
non-discrimination provisions of City of Palo Alto Contracts?
Have you examined your company’s practices regarding assignments,
layoffs or transfers of your employees from one job to another for
evidence of a practice or employment pattern that might appear to be
discriminatory and based upon sex, race, color, ancestry, religion or
national origin or disability.? Are they non-discriminatory?
o you have educational or trainin£) programs sponsored or financed for
the benefit of employees or prospective employees.
..
How many people participate in these programs?
4.Ye(~s No
b.~ How many are minorities?
Does your help wanted advertising state that you are an equal
opportunity employer?
Are any apprentices obtained from sources outside the employer’s work
force? if yes, have you circulated information about apprenticeship
openings or opportunities to the following.
Yes No
Yes No
Yes No
State Employment Offices
Newspapers or other media
High Schools, including those in minority group areas.
Local trade or vocational schools, including those with
minority group students.
Yes No Agencies and/or organization specializing in minority
employment.
-2-
Federal or State apprenticeship representatives.
Who?
Others
If you are a prime contractor have all subcontractors covered by these
compliance inspection reports been instructed as to their contractual
obligations relating to non-discrimination provisions of City of Palo Alto
Contracts?
Explain
Have all recruitment sources been advised that all qualified applicants
will receive consideration for employment without regard to sex, race,
color, ancestry, religion, national origin, or disability?
Identify (names and addresses) the employment agencies, personnel
recruitment organizations, newspaper advertising or other non-union
sources from which the company recruits its personnel.
ASLA Joblink (hI~:P://www’asla’°rg)
McCall’s ’S~affi~,~g Services, Inc., 351 California Street, Ste 1200, SF, CA 94104
Part IV
1. Yes No Have you a collective bargaining agreement with a labor union or other
organization? The discipline is non-union.
If yes, specify the Union(s) or organization(s)
-3-
2. Yes No
n/a
3.%
n/a
Have you advised the labor union and/or worker organization of the
company’s responsibility under the non-discrimination provisiens of City
contracts.
Approximately what percentage of ,your employees covered by union
agreements are referred by or hired through the unions?
Explain procedure for hiring balance.
4. Yes
n/a
Does the company’s collective bargaining agreement or other contract
or understanding with a labor union (or unions) or other worker’s
organization include a provision for non-discrimination in employment?
5. Yes No Is there any labor union or worker’s organization policy which prevents
nTa you from fulfilling your obligations under the non-discrimination
provisions of City contracts? If so, specify.
6. Yes No Specify the trade(s) or craft(s) involved in this contract.
7.Use this space for comment on any answers you have supplied.
-4-
DATE: January 15, ]998
RACIAL MAKEUP OF REPORTING UNIT
Renee L. Early, Offic~ AdministratorName of Firm Wallace Roberts & Todd Submitted by.,
Project Name Downtown Urban Design Improvements Project
Contract #.(l~dicate only for monthly report, No. 3)
Three types of breakdown are required. This form is used for all three. (Check)
()-1- Permanent makeup of company.( ) -2- Estimated makeup for this project.
( ) -3- Monthly report for.19__. Submit once per month for duration of pro.i, . ,
1 = Permanent.2 = Estimate for project.3 = Monthly only.
Be sure to include all employees in first column, not just minorities. Nos. 1 and 2 below are required to be
filled in and submitted with Compliance Report.
JOB CATEGORIES
Manaqement
Professionals
Clerical-Office
Field Supervisor
Skilled - list
a. Technicians
b.
C.
d.
Unskilled - list
a.
b.
C.
d.
TOTAL OF ABOVE
Total all
.5227
21
Asian American
Female Black , American Indian
3 1 I 21 3 11 2 3 1 21 3 1 2 1393
13
17 2 1
5 4 1 1
105 43 2 11
Spanish
Surnamed
1 213
l
The data below should also be included in the appropriate cateqories above.
On Job Training
a. White Collar
[IIb. Production ’
This re~ort must be completed by contractor and each subcontractor.
The term "Spanish Surnamed" includes all persons of Mexican, Puerto Rican, Cuban, Latin American or
Spanish origin.
Report only employees enrolled in formal 0n-the-job training programs.
Rov 11/92
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