HomeMy WebLinkAbout1997-04-22 City Council (19)City of Palo Alto
City Manager’s,Report
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TO: "HONORABLE CITY COUNCIL
FROM:
AGENDA DATE:
SUBJECT:
CITY MANAGER
MAY 19, 1997
APPROVAL
GUTIERREZ
DEPARTMENT: PUBLIC WORKS
CMR:189:97
OF CONSULTANT CONTRACT WITH
ASSOCIATES ARCHITECTS FOR DESIGN
SERVICES FOR MSC SECURITY WAREHOUSE ENCLOSURE,
CIP 19311
REQUEST
This is a request for approval of a consultant contract with Gutierrez Associates Architects
in the amount of $24,000 for design services to enclose the rear of the Municipal Service
Center (MSC) Warehouse building.
RECOMMENDATIONS
Staff recommends that Council:.
Approve and authorize the Mayor to execute the attached consultant contract with
Gutierrez Associates Architects in the amount of $24,000 to enclose the rear of the
MSC Warehouse.
°Authorize the City Manager or her designee to negotiate and execute one or more
change orders to the consultant contract with Gutierrez Associates Architects, for
related, additional but unforeseen work which may develop during the project, the
total value of which change orders shall not exceed $2,500.
POLICY IMPLICATIONS
The approval of this contract is consistent with existing policies and the MSC Master Plan.
EXECUTIVE SUMMARY
Consultant Services Description
The work to be performed under the contract is for design and construction administration
services for the enclosure of the rear of the MSC Warehouse. This will provide for growth
of inventory, staging of materials, protection from theft, damage, and for hazardous materials
storage area.
CMR:189:97 Page 1 of 2
Selection Process
Staff sent a request for proposals (RFP) to 16 consulting firms on November 22, 1997. Firms
were given 25 days to respond to the request. A pre-proposal meeting was held on
December 5, 1996; 10 firms attended the meeting. A total of 6 firms submitted proposals.
A selection advisory committee consisting of Public Works staffreviewed the proposals, and
2 firms were invited to participate in oral interviews on January 28, 1997. The selection
committee carefully regiewed each firm’s qualifications and submittal in response to the
RFP. Gutierrez Associates Architects was selected because of their experience with similar
projects and their proposed approach to the scope of work.
FISCAL IMPACT
Funds for this project are included in the CIP 19311 budget.
ENVIRONMENTAL ASSESSMENT
These services do not constitute a project for the purposes of the California Environmental
Quality Act.
CONFLICT OF INTEREST
Staff, with the concurrence of the City Attomey, has determined that the consultant is exempt
from complying with the financial disclosure provisions of the City’s conflict of interest
code, because the consultant’s range of duties and services to be provided under the contract
is limited in scope or is primarily ministerial in nature.
ATTACHMENTS
Agreement
PREPARED BY:.Karen Smith, Facilities Manager
DEPARTMENT HEAD REVIEW:
GLENN S. ROBERTS
Director of Public Works
CITY MANAGER APPROVAL~y .~i~~
Assistant City Manager
CMR:189:97 Page 2 of 2
CONTRACT NO.
BETWEEN THE CITY OF PALO ALTO AND
GUTIERREZ/ASSOCIATES ARCHITECTS
FOR CONSULTING SERVICES
This Contract No. is entered into ,
by and between the CITY OF PALO ALTO, a chartered city and a
municipal corporation of the State of California ("CITY"), and
GUTIERREZ/ASSOCIATES ARCHITECTS, a sole proprietorship, located at
1616 Franklin Street, Suite 202, Oakland, CA 94612 ("CONSULTANT").
RECITALS:
WHEREAS, CITY desires certain professional consulting
services ("Services") and the preparation and delivery of, without
limitation, one or more sets of documents, drawings, maps, plans,
designs, data, calculations, surveys, specifications, schedules or
other writings ("Deliverables") (Services and Deliverables are,
collectively, the "Project"), as more fully described in Exhibit "A";
and
WHEREAS, CITY desires to engage CONSULTANT,~including its
employees, if any, in providing the Services by reason of its
qualifications and experience in performing the Services, and
CONSULTANT has offered to complete the Project bn the terms and in
the manner set forth herein;
NOW, THEREFORE, in consideration of the covenants, terms,
conditions, and provisions of this Contract, the parties agree:
SECTION i. TERM
i.i This Contract will commence on the date of its
execution by CITy, and will terminate upon the completion of the
Project, unless this Contract is earlier terminated by CITY. Upon
the receipt of CITY’s notice to proceed, CONSULTANT will commence
wo[k on the initial and subsequent Project tasks in accordance with
the time schedule set forth in Exhibit "A".¯ Time is of the essence
of this Contract. In the event that the Project is not completed
within the time required through any fault of CONSULTANT, CITY’s
city manager will have the option of extending the time schedule
for any period of time. This provision will not preclude the
recovery of damages for delay caused by CONSULTANT.
SECTION 2.SCOPE OF PROJECT;CHANGES. & CORRECTIONS
2.1 The scope of Services andDeliverables constituting
the Project will be performed, delivered or executed by CONSULTANT
under the phases of the Basic Services as described below.
970505 syn 0071154
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2.2 CITY may order substantial changes in the scope or
character of the Basic Services, the Deliverables, or the Project,
either decreasing or increasing the amount of work required of
CONSULTANT. In the event that such changes are ordered, subject to
the approval of CITY’s City Council, as may be required, CONSULTANT
will be entitled to full compensation for all work performed prior
to CONSULTANT’s ~receipt of the notice of change and further will be
entitled to an extension of the time schedule. Any increase in
compensation for substantial changes will be determined in
accordance with.~he provisions of this Contract. CITY will not be
liable for the cost or payment of any change in work, unless the
amount of additional compensation attributable to the change in
work is agreed to, in writing, by CITY before CONSULTANT commences
the performance of any such change in work.
2.3 Where the Project entails the drafting and
submission of Deliverables, for example, construction plans,
drawings, and specifications, any and all errors, omissions, or
ambiguities in the Deliverables,~ which are discovered by CITY
before invitations to bid on a construction project (for which the
Deliverables are required) are distributed ~ by CITY, will be
corrected by CONSULTANT at no cost to CITY, provided CITY gives
notice to CONSULTANT.
2.4 Any and all errors, omissions, or ambiguities in the
Deliverables, which are discovered by CITY after the construction
contract is awarded by CITY, will be corrected by CONSULTANT, as
follows: (a) at no cost to CITY insofar as those Services,
including the Basic Services or the Additional Services, as
described below, or both, will result in minor or nonbeneficial
changes in the construction work required of the construction
contractor; or (b) at CITY’s cost insofar as those Services,
including the Basic Services or the Additional Services, or both,
will add a direct and substantial benefit to the construction work
required of the construction contractor. The project manager in
the reasonable exercise of his or her discretion will determine
whether theBasic Services or the Additional Services, or both,
will contribute minor or substantial benefit to the construction
work.
SECTION 3.
CONSULTANT
QUALIFICATIONS,. STATUS,AND DUTIES OF
3.1 CONSULTANT represents and warrants that it has the
expertise and professional qualifications to furnish or cause to be
furnished the Services and Deliverables. CONSULTANT further
represents and warrants that the project director and every ~
individual, including any consultant (including CONSULTANTs),
charged with the performance of the Services are duly licensed or
certified by the State of California, to the extent such licensing
or certification is required by law to perform the Services, and
that the Project will be executed by them or under their
supervision. CONSULTANT will furnish to CITY for approval, prior
to execution of this Contract, a list of all individuals and the
names of their employers or principals to be employed as
consultants.
3.2 In reliance on the representations and warranties
set forth in this Contract, CITY hires CONSULTANT to execute, and
CONSULTANT covenants and agrees that it will execute or cause to be
executed, the Project.
3.3 CONSULTANT will assign EFREN GUTIERREZ as the
project director to have supervisory responsibility for the
performance, progress, and execution of the Project. ROBERT WENDORF
will be assigned as the project coordinator who will represent
CONSULTANT during the day-to-day work on the Project. If
circumstances or conditions subsequent to the execution of this
Contract cause the substitution of the project director or project
coordinator for any reason, the appointment of a substitute project
director or substitute project coordinator will be subject to the
prior written approval of the project manager.
3.4 CONSULTANT represents and warrants that it will:
3.4.1 Procure all professional licenses, pay all
charges and fees, and give all notices which may be necessary and
incident to the due and lawful prosecution of the Project as a
licensed architect;
3.4.2 Keep itself fully informed of all existing and
future Federal, State of California, and local laws, ordinances,
regulations, orders, and decrees which may affect those engaged or
employed under this Contract and any materials used in CONSULTANT’s
performance of the Services;
3.4.3 At all times observe and comply with, and cause
its employees and consultants, if any, who are assigned to the
performance of this Contract to observe and comply with, the laws,
ordinances, regulations, orders and decrees mentioned above; and
3.4.4 Will report immediately to the project manager,
in writing, any discrepancy or inconsistency it discovers in the
laws, ordinances, regulations, orders, and decrees mentioned above
in relation to the Deliverables.
3.5 Any Deliverables given to, or prepared or assembled
by, CONSULTANT or its consultants, if any, under this Contract will
become the property of CITY and will not be made available to any
individual or organization by CONSULTANT or its consultants, if
any, without the prior written approval of the city manager.
3.6 CONSULTANT will provide CITY with three(3) copies of
any documents which are a part of the Deliverables upon their
completion and acceptance by CITY.
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3.7 If CITY requests additional copies of any documents
which are a part of the Deliverables, CONSULTANT will provide such
additional copies and CITY will compensate CONSULTANT for its
duplicating costs.
3.8 CONSULTANT will be responsible for employing or
engaging all persons necessary to execute the Project. All
consultants of CONSULTANT will be deemed to be directly controlled
and supervised by CONSULTANT, which will be responsible for their
performance. If any employee or consultant of CONSULTANT fails or
refuses to carry out the provisions of this Contract or appears to
be incompetent or to act in a disorderly or improper manner, the
employee or consultant will be discharged immediately from further
performance under this Contract on demand of the project manager.
3.9 In the execution of the Project, CONSULTANT and its
consultants, if any, will at all times be considered independent
contractors and not agents or employees of CITY.
3.10 CONSULTANT will perform or obtain or cause to be
performed or¯ obtained any and all of the following Additional
Services, not included under the Basic Services, if so authorized,
in writing, by CITY:
3.10.1 Providing services as an expert witness in
connection with any public hearing or meeting,~ arbitration
proceeding,or proceeding of a court of record;
3.10.2 Incurring .travel and subsistence expenses for
CONSULTTiNT and its staff beyond those normally required under the
Basic Services;
3.10.3 Performing any other Additional Services that
may be agreed upon by the parties subsequent to the execution of
this Contract; and
3.10.4~ Other Additional Services now or hereafter
described in an exhibit to this Contract.
3.11 CONSULTANT will be responsible for employing all
consultants deemed necessary to assist CONSULTANT in the
performance of the Services. The appointment of consultants, must
be approved, in advance, by CITY, in writing, and must remain
acceptable to CITY during the term of this Contract.
SECTION 4. DUTIES OF CITY
4.1 CITY will furnish or cause to be furnished the
services listed in Exhibit "A" and such information regarding its.
requirements applicable to the Project as may. be reasonably
requested by CONSULTANT.
4.2 CITY will review and approve, as necessary, in a
timely manner the Deliverables and each phase of work performed by
CONSULTANT. CITY’s estimated time of review and approval will be
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970505 svn 0071154
furnished tO CONSULTANT at the time of submission of each phase of
work. CONSULTANT acknowledges and Understands that the
interrelated exchange of information among CITY’s various
departments makes it extremely difficult for CITY to firmly
establish the time of each review and approval task. CITY’s failure
to review and approve within the estimated time schedule will not
constitute a default under this Contract.
4.3 The city~ manager, will represent CITY for all
purposes under this Contract. BILL SHADDLE is designated as
the project manager for the city manager. The project manager will
supervise the performance, progress, and execution of the Project,
and will be assisted by HUGO ESTRADA, Engineering Technician.~
4.4 If CITY observes or otherwise becomes aware of any
default in the performance of CONSULTANT~ CITY will use reasonable
efforts to give written notice thereof to CONSULTANT in a timely
manner.
SECTION 5. COMPENSATION
5.1 CITY will compensate CONSULTANT for the following
services and work:
5.1.1 In consideration of the full performance of the
Basic Services, including any authorized reimbursable expenses,
CITY will pay CONSULTANT a fee not to exceed twenty-four thousand
dollars ($24,000). The amount of compensation will be calculated
in accordance with the hourly rate schedule set forth in Exhibit
"B", on a time and materials basis, up to the maximum amount set
forth in this Section. The fees of the consultants, who have
direct contractual relationships with CONSULTANT, will be approved,
in advance,~ by CITY. CITY reserves the right to refuse payment of
such fees, if such prior approval is not obtained~by CONSULTANT.
5.1.2 In consideration of the full performance of
Additional ServiCes, the amount of compensation set forth in
.Exhibit "B" will not exceed two thousand five hundred dollars
($2,500). An employee’s time will be computed at a multiple of
one(l) times the employee’s direct personnel expense described
below. The rate schedules may be updated by CONSULTANT only once
each calendar year,, and the -rate schedules will not become
effective for purposes of this Contract, unless and until
CONSULTANT gives CITY thirty.(30) days’ prior written notice of the
effective date of any revised rate schedule.
5.1.3 The full payment of charges for extra work or
changes, or both, in the execution of the Project will be made,
provided such request for payment is initiated by CONSULTANT and
authorized, in writing, by the project manager. Payment will be
made within thirty (30) days of submission by CONSULTANT of a
statement, in triplicate, of itemized costs covering such work or
changes, or both.~ Prior to commencing such extra work or changes,
or both, the parties will agree upon an estimated maximum cost for
such extra work or changes° CONSULTANT will not be paid for extra
970505 syn 0071154
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work or changes, including, without limitation, any design work or
change order preparation, which is made necessary on account of
CONSULTANT’s errors, omissions, or oversights.
5.1.4 Direct personnel expense of employees assigned
to the execution of the Project by CONSULTANT will include only the
work of architects, engineers, designers, job captains,
draftspersons, specification writers and typists, in consultation,
research and design, work in producing drawings, specifications and
other documents pertaining to the Project, and in services rendered
during construction at the site, to the extent such services are
expressly contemplated under this Contract. Included in the cost
of direct personnel expense of these employees~ are ~salaries and
mandatory and customary benefits such as statutory employee
benefits, insurance, sick leave, holidays and vacations, pensions
and.similar benefits.
5.2 The schedule of payments willbe made as follows:
5.2.1 Payment of the. Basic Services will be made in
monthly progress payments in proportion to the quantum of .services
performed, or in accordance with any other schedule of payment
mut-ually agreed upon by the parties, as set forth in Exhibit "B",
or within thirty (30) days~of submission, in triplicate, of such
requests if a schedule of payment is not specified° Final payment
will be made by CITY after CONSULTANT has submitted all
Deliverables, including, without limitation, reports which have
been approved by the project manager.
5.2.2 Payment of the Additional Services will be
made in monthly progress payments for services rendered, within
thirty (30) days of submission, in triplicate, of such requests.
5.2.3 No deductions will be made from CONSULTANT’s
compensation on account of penalties, liquidated damages, or other
sums withheld by CITY from payments to general contractors.
SECTION 6.ACCOUNTING, AUDITS, OWNERSHIP OF RECORDS
6.1 Records of the direct personnel expenses and
expenses incurred in connection with the performance of Basic
Services and Additional Services pertaining to the Project will be
prepared, maintained, and retained by CONSULTANT in accordance with
generally accepted accounting principles and will be made available
to CITY for auditing purposes at mutually convenient times during
the term of this Contract and for three (3) years following the
expiration or earlier termination of this Contract.
6.2 The originals of the Deliverables prepared by or
under the direction of CONSULTANT in the performance of this
Contract will become the property of CITY irrespective of whether
the Project is completed upon CITY’s payment of the amounts
required -to be paid to CONSULTANT. These originals will be
delivered to CITY. CITY will have the right to utilize any final
and incomplete drawings, estimates, specifications, and any other
documents prepared hereunder by CONSULTANT, but CONSULTANT
disclaims any responsibility or liability for any alterations or
modifications of such documents.
SECTION 7.INDEMNITY
7.1 CONSULTANT agrees to protect, indemnify, and hold
harmless CITY, its Council members, officers, employees and agents,
from any and all demands, claims, or liability of any nature,
inciuding death or injury to any person, property damage or any
other loss, caused by or arising out of CONSULTANT’s, its
officers’, agents’, consultants’ or employees’ negligent acts,
errors, or omissions, or willful misconduct, or conduct for which
applicable law may impose strict liability on CONSULTANT in the
performance of or failure to perform its obligations under this
Contract.
SECTION 8.WAIVERS
8.1 The waiver by either party 0f any breach or
violation of any covenant, term, condition or provision of this
Contract or of the provisionS of any ordinance or law will not be
deemed to be a waiver of any such covenant, term, condition,
provision, ordinance, or law or of any subsequent breach or
violation of the same or of any other covenant, term, condition,
provision, ordinance or law. The subsequent acceptance by either
party of any fee or other money which may become due hereunder will
not be deemed to be a waiver of any preceding breach or violation
by the other party of any covenant, term, condition or provision of
this Contract or of any applicable law or ordinance.
8.2 No payment, partial payment, acceptance, or partial
acceptance by CITY.will operate as a waiver on the part of CITY of
any of its rights under this Contract.
SECTION 9. INSURANCE
9.1 CONSULTANT, at its sole cost and expense, will
obtain and maintain, in full force and effect during the term of
this Contract, the insurance coverage described in Exhibit "C",
insuring not only CONSULTANT and its consultants, if any, but also,
with the exception of workers’ compensation, employer’s liability
and professional liability insurance, naming CITY as an additional
insured concerning CONSULTANT’s performance under this Contract.
9.2 All insurance coverage required hereunder will be
provided through carriers with Best’s Key Ratinq Guide ratings of
A:X or higher which are admitted to transact insurance business in
the State of California. Any and all consultants of CONSULTANT
retained to perform Services under this Contract will obtain and
maintain, in full force and effect during the term of this
Contract, identical insurance coverage, naming CITY as an
additional insured under such policies as required above°
970505 syn 0071154
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9.3 Certificates ofsuch insurance, preferably on the
forms provided by CITY, will be filed with CITY concurrently with
the execution of this Contract. The certificates will be subject
to the approval of CITY’s risk manager and will contain an
endorsement stating that the insurance is primary coverage and will
not be canceled or altered by the insurer except after filing with
the CITY’s city clerk thirty (30) days’ prior written notice of such
cancellation or alteration, 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 certificates of such insurance will be kept on
file at all times during the term of this Contract with the city
clerk.
9.4 The procuring of such required policy or policies
of insurance willnot be construed to limit CONSULTANT’s liability
hereunder nor to fulfill the indemnification provisions of this
Contract. Notwithstanding the policy or policies of insurance,
CONSULTANT will be obligated for the full and total amount of any
damage, injury, or loss caused by or directly arising as a result
of the Services performed under this Contract, including such
damage, injury, or loss arising after the Contract is terminatedor
the term has expired.
SECTION i0. WORKERS’ COMPENSATION
I0.i CONSULTANT, by executing this Contract, 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, as applicable, before
commencing the performance of the Project.
PROJECT
SECTION ii TERMINATION OR SUSPENSION OF CONTRACT! OR
ii.i The city manager may suspend the execution of the
Project, in whole or in part, or terminate this Contract, with or
without cause, by giving thirty (30) days’ prior written notice
thereof to CONSULTANT, or immediately a£ter submission to CITY by
CONSULTANT of any completed item ofBasic Services. Upon receipt
of such notice, CONSULTANT will immediately discontinue its
performance under this Contract.
11.2 CONSULTANT may terminate this Contract or suspend
its execution of the Project by giving thirty (30) days’ prior
written notice thereof to CITY, but only in the event of a
substantial failure of performance by CITY or in the event CITY
indefinitely withholds or withdraws its request for the initiation
or continuation of Basic Services or the execution of the Projecti
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11.3 Upon such suspension or termination by CITY,
CONSULTANT will be compensated for the Basic Services and
Additional Services performed and Deliverables received and
approved prior to receipt of written notice from CITY of such
suspension or abandonment, together with authorized additional and
reimbursable expenses then due. If the Project is resumed after it
has been suspended for more than 180 days, any change in
CONSULTANT’s compensation will be subject to renegotiation and, if
necessary, approval of CITY’s City Council. If this Contract is
suspended or terminated on account of a default by CONSULTANT, CITY
will be obligated to compensate CONSULTANT only for that portion of
CONSULTANT’s services which are of direct and immediate benefit to
CITY, as such determination may be made by the city manager in the
reasonable exercise of her discretion.
11.4 In the event of termination of this Contract or
suspension of work on the Project by CITY where CONSULTANT is not
in default, CONSULTANT will receive compensation as follows:
11.4.1 For approved items of services, CONSULTANT will
be compensated for each item of service fully performed in the
amounts authorized under this Contract.
-11.4.2 For approved items of services on which a
notice to proceed is issued by CITY, but which are not fully
performed, CONSULTANT will be compensated for each item of service
in an amount which bears the same ratio to the total fee otherwise
payable for the performance of the service as the quantum of
service actually rendered bears to the services necessary for the
full performance of that item of service.
11.4.3 The total compensation payable under the
preceding paragraphs of this Section will not exceed the payment
specified under Section 5 for the respective items of service to be
furnished by CONSULTANT.
11.5 Upon such suspension or termination, CONSULTANT
will deliver to the city manager immediately any and all copies of
the Deliverables, whether or not completed, prepared by CONSULTANT
or its consultants, if any, or given to CONSULTANT or its
consultants, if any, in connection with this Contract. Such
materials will become the property of CITY.
11.6 The failure of CITY to agree with CONSULTANT’s
independent findings, conclusions, or recommendations, if the same
are called for under this Contract, on the basis of differences in
matters of judgment, will not be construed as a failure on the part
of CONSULTANT to fulfill its obligations under this Contract.
SECTION 12.ASSIGNMENT
12.1 This Contract is for the personal services of
CONSULTANT, therefore, CONSULTANT will not assign, transfer]
convey, or otherwise dispose of this Contract or any right, title
or interest in or to the same or any part thereof without the prior
9970505 syn 0071154
written consent of CITY. A consent to one assignment will not be
deemed to be a consent to any subsequent assignment. Any
assignment made without the approval of CITY will be void and, at
the option of the city manager, this Contract may be terminated.
This Contract will not be assignable by operation of law.
SECTION 13.NOTICES
13.1 All notices hereunder will be given, in writing,
and mailed, postage prepaid, by certified mail, addressed as
follows:
To CITY:Office of the City Clerk
City of Palo Alto
Post Office Box 10250
Palo Alto, CA 94303
To CONSULTANT: Attention of the project director
at the address of CONSULTANT recited above
SECTION 14.CONFLICT OF INTEREST
14.1 In accepting this Contract, CONSULTANT covenants
that it presently has no interest, and will not acquire any
interest, direct or indirect, financial or otherwise, which would
confli~ct in any manner or degree with the performance of the
Services.
14.2 CONSULTANT further covenants that, in the
performance of this Contract, it will not employ contractors ~or
persons having such an interest mentioned above. C0~SULTANT
certifies that no one who has or will have any financial interest
under this Contract is an officer or employee of CITY; this
provision will be interpreted in accordance with the applicable
provisions ofthe Palo Alto Municipal Code and the Government Code
of the State of California.
SECTION 15. NONDISCRIMINATION
15.1 As set forth in the Palo Alto Municipal Code, no
discrimination will be made in the employment of persons under this
Contract because of the age, race, color, national origin,
ancestry, religion, disability, sexual preference or gender~of such
person. If the value of this Contract is, or may be, five thousand
dollars ($5,000) or more, CONSULTANT agrees to meet all
requirements of the Palo Alto Municipal Code pertaining to
nondiscrimination in employment, including completing the requisite
form furnished by. CITY and set forth in Exhibit "D"
15.2 CONSULTANT agrees that each contract for services
from independent providers will contain a provision substantially
as follows:
i0
"[Name of Provider] will provide CONSULTANT
with a certificate stating that [Name of
Provider] is currently in compliance with all
Federal and State of California laws covering
nondiscrimination in employment; that [Name of
Provider] will pursue an affirmative course of
action as required by the Affirmative Action
Guidelines of the City of Palo Alto; and that
[Name of Provider] 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 gender of
such person. "
15.3 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 per.formance of this Contract, it will be in
default of this Contract. Thereupon, CITY will have the power to
cancel or suspend this Contract, in whole or in part, or to deduct
the sum of twenty-five dollars ($25) for each Person for each
calendar day during which such person was subjected to
discrimination, as damages for breach of contract, or both. 0nly
a finding of the State of California Fair Employment Practices
Commission or the .equivalent federal agency or ,officer will
constitute evidence of a breach of this Contract.
15.4 If CONSULTANT is found in default of the
nondiscrimination provisions of this Contract or the applicable
Affirmative Action Guidelines pertaining to this Contract,
CONSULTANT will be found in material breach of this Contract°
Thereupon, CITY will’ have the power to cancel or suspend this
Contract, in whole or in part, 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 not incompliance with this
provision as d~mages for breach of contract, or both.
SECTION 16. MISCELLANEOUSPROVISIONS
16.1 CONSULTANT represents and warrants that it has
knowledge of the requirements 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 will
comply with or ensure by its advice that compliance with such
provisions will be effected pursuant to the terms of this Contract.
16.2 Upon the agreement of the parties, any controversy
or claim arising out of or relating to this Contract 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.
970505 syn 0071154
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16.3 This Contract will be governed by the laws of the
State of California, excluding its conflicts of law.
16.4 In the event that an action is brought, the parties
agree that trial of such action will be vested exclusively in the
state courts of California or in the United States District Court
for the Northern District of California in the County of Santa
Clara, State of California.
16.5 The prevailing party in any action brought to
enforce the terms of this Contract or arising out of this Contract
may recover its reasonable costs and attorneys’ fees expended in
connection with that action.
16.6 This document represents the entire and integrated
Contract between the parties and supersedes all prior negotiations,
representations} and contracts, either written or oral. This
document may be amended only by a written instrument, which is
signed by the parties.
16.7 All provisions of this Contract, whether covenants
or conditions, will be deemed to be both covenants and conditions.
16.8 The covenants, terms, conditions and provisions of
this Contract will apply to, and will bind, the heirs, successors,
executors, administrators, assignees, and consultants, as the case
may be, of the parties.
16.9 If a court of competent jurisdiction finds or rules
that any provision of this Contract or any amendment thereto is
void or unenforceable, the unaffected provisions of this Contract
and any amendments thereto will remain in full force and effect.
16.10 All exhibits referred to in this Contract and any
addenda, appendices, attachments, and schedules which, from time
to time, may be referred to in any duly executed amendment hereto
are by such reference incorporated in this Contract and will be
deemed to be a part of this Contract.
16.11 This Contract may be executed .in any number of
counterparts, each of which will be an original, but all of which
together will constitute one and the same instrument.
16.12 This Contract is subject to the fiscal provisions
of the Charter of the City of Palo Alto and the Palo Alto Municipal
Code. This Contract will terminate without any penalty (a) at the
end of any fiscal year in the event that funds are not appropriated
for the following fiscal year, or (b) at any time within a fiscal
year in the event that funds are only~appropriated for a portion of
the fiscal year and funds for this Contract are no longer
available. This Section 16.12 will take precedence in the event of
a conflict with any other covenant, term, condition, or provision
of this Contract.
12
IN WITNESS WHEREOF, the parties hereto have by their duly
authorized representatives executed this Contract on the date first
above written.
APPROVED AS TO FORM:
CITY OF PALO ALTO
Senior Asst. City Attorney
Assistant City Manager
APPROVED:
Director of Public Works
Deputy City Manager,
Administrative Services
GUTIERREZ/ASSOCIATES ARCHITECTS
Taxpayer’s I.D. No. 94-2560032
Risk Manager
Attachments:
EXHIBIT "A" :
EXHIBIT "B" :
EXHIBIT "C" :
EXHIBIT "D" :
SCOPE OF PROJECT &TIME SCHEDULE
RATE SCHEDULE
INSURANCE
NONDISCRIMINATION COMPLIANCE FORM
970505 syn 0071154
13
CERTIFICATE OF ACKIWOWLEDGMENT
(Civil Code § 1189)
STATEOF ~A )
) ss.
COUNTY OF ~L~m ~)
On 5- ~? , 1997, before me,
a Notary Public in and for said County and State, personally
appeared EFR~N G~~ , person~lly 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 ha~d and ’official seal.
Signature of Notary Public CO~M. #t0~5980NOTARY PUBLIC; - CALIFORNIA m
ALAMEDA COUN’fY ~
14
970310 svnO071154
MSC W~EHOUSE EXP~SION
EXHIB~A
Description of the Work
Existing Condition: The existing warehouse of 3,840 square feet has an open end consisting of three
bays. Some material stored there are sensitive to weather. An additional mission is to provide storage
for palleted 50 lb. bags of Sodium Fluoride (a salt). This material has a low hazard rating except for
contact with the dust or when mixed with water the solution will attack aluminum and even glass.
The existing toilet rooms near the front office area have no direct ADA accessibility and are not
compliant to current standards.
Scope of Work: At rear of Warehouse building, a new wall structure, and a new entry door at the end of
the main corr!,dor to enclose the existing covered, unwalled area. New Hazardous Materials StorageRoom with 10 exterior door. Power, lighting, and heating.
At front office area of Warehouse building, redesign restroom and exterior stairway for accessibility.
The Budget for the project is $200,000.
.Scope of Services
Preliminary Design: The Key Personnel from Gutierrez/Associates AIA will be Efren Gutierrez, Project
Director, and Robert Wendorf, Project Architect, who will be in authority and responsible throughout
the work until completion at warranty review.
To begin Preliminary Phase, meet with appropriate personnel to finalize requirements and prepare
schematic level drawings suitable for Municipal Service Center (MSC) and Facilities Management P.ublic
Works (the Client), and City of Palo Alto Architectural Review Board (ARB) submittal and review.
Receive approvdl for the schematic from Client prior to submittal to the ARK Determine Fire Marshal ’
requirements for Hazardous Materials Storage Building and other agency requirements. Attend ARB
meeting to present project.
Upon approval by ARB, completion of single option, with Preliminary Cost Estimate fo~ decision
making purposes and outline specification to be in CSI format with general conditions section. The ¯
Preliminary Design package will fix the scope, scale and character of the project~ and will describe the
extent of all architectural and engineering work to be completed. Submit Package to the Client for
review and approval.
Contract Documents: Complete Contract Documents, including Specifications, to 90% and submit to
Client for review. All engineering including Mechanical, Electrical, and Structural (if required) will be
included. Include Final Cost Estimate at 90% completion. Final 100% Contract Documents will be
approved by the City and suitable for bidding. Work for Preliminary Design and Contract Documents
will be completed in 90 days.
Bidding: Assist the Client as required to expedite the obtaining of responsible bids. Includes
addendums pre-bid conference, clarifications, review of pre-bid substitutes, and assistance in.
evaluation of bids.
Construction Administration: Weekly Site Visits will be made during Construction. Attend a pre- ’
construction conference. Monitor Shop drawings, proposed changes, change orders and action items.
Warranty Period: At one year following construction, review the building under the guidelines of the
Client’s warranty with the Contiactor. One complete set of reproducible Mylar record drawings
reflecting as-built conditions will be submitted to the City.
EXHIBIT B
_L.ump Sum Fee
The fee for this project is a fixed fee of $23,000. All architectural and engineering work is included as
described in Exl~ibit A, to the completion o~ project. "
Reimbursables not-to-exceed $1,000 are not included in the lump sum fee. Reimbursable costs are
printing of drawings and specifications for client review, agency approvals and bidding purposes.
Reimbursables are not travel and telephone, which are included in the lump sum fee.
Additional Services not to exceed $2,500 will be billed at an Hourly Rate or by agreed-upon lump sum.
All work required as additional services must be approved in writing by the City prior to
commencement.
Hourly Rates for Additional Services:
Personnel Hourly Billing
Principal Architect/Engineer $95
PrOject Manager Architect/Engineer $80
Architect/Engineer $70
Draftspersons $55
Clerical $35
Reimbursables for additional services include xerox copying, blueprints, and other materials
used exclusively for the completion of the client’s project. Reimbursables for do hot include
travel and telephone (included in fee). Reimbursables will be billed at 1.1 times the amount not-
. to-exceed $1,000. Rates are good for the length of the project.
CERTIFICATION of NONDISCRIMINATION SECTION 410
Certification of Nondiscrimination: As suppliers of goods or services to the City of Palo.AIto,
the firm and individuals listed below certifies that they do not discriminate in employment with
regards to age, race, color, religion, sex, national origin, ancestry, disability, or sexual
preference; that they are in compliance with all Federal, State and local directives and
executive orders regarding nondiscrimination in employment; and that they agree to
demonstrate positively and aggressively the principle of equal opportunity in employment.
The Bidder agrees specifically:
1.0 To establish or observe employment policies which affirmatively promote
opportunities for’minority persons at all job levels..
2.0 To communicate this policy to all per.sons concerned, including all employees,
outside recruiting services, especially tho.se serving minority communities, and
to the minority communities at large.
3.0 To take affirmative action steps to hire minority employees within the
organization.
4.0 To be knowledgeable of the local, state, and federal laws and regulations
concerning affirmative ¯action policies and provide opportunities for employees.
Title Of Officer Si ning:
Signature ~z~:~_. o .,
Please include’ an~" additional information available regarding equal opportunity employment
programs now in effect within your company.
(Please attach additional pages if necessary)
ENDOF SECTION
CITY of PALO ALTO: Non-discrimination (6/94)SECTION 410-1
PART III - INSURANCE REQUIREMENTS Lon9 Form City of PaiD Alto:SECTION
Insurance Requirements for Contractors
CONTRACTOR:
PROJECT MANAGER:
CONTRACT NAME:
Guiterrez and Associates
Karen Smith PW- Facilities Mgmt.
MSC Warehouse Expansion
GENERAL TERMS AND INSTRUCTIONS
THIS INSTRUCTION SHEET SHOULD BE GIVEN TO YOUR INSURANCE AGENT/BROKER.
CONTRACTORS TO THE CITY OF PALO ALTO, AT THEIR SOLE EXPENSE SHALL OBTAJN AND MAINTAIN INSURANCE FOR THE TERM 0F THE CONI’RACT, CONTRACTORS WILL BEREQUIRED TO PROVIDE A CERTIFICATE EVIDENCING THE INSURANCE AND NAMING THE CITY AS AN ADDmONAL INSURED, ALL INSURANCE COVERAGE REQUIRED SHALL BE
PROVIDED THROUGH CARRIERS WITH A BEST RATING OF A:VII OR HIGHER THAT ARE ADMiT’rED TO DO BUSINESS IN THE STATE OF CALIFORNt~
THE CERTIFICATE OF INSURANCE MUST BE COMPLETED AND EXECUTED BY AN AUTHORIZED REPRESENTATIVE OF THE COMPANY PROVIDING INSURANCE, FILED W~’H THE CrrY,
AND APPROVED BY THE CITY BEFORE CONTRACT W1LL BE CONSIDERED COMPLETE AS RESPECTS INSURANCE.
RETURN THE COMPLETED CERT/FICA TE TO THE CITY OF PAL O AL TO, PURCHASING & CONTRACT
ADMINISTRATION, 250 HAM/L TON A VENUE, PAL O ALTO 94301.
THE INSURANCE REQUIREMENTS CHECKED BELOW ARE REQUIRED FOR THIS CONTRACT.
TYPE OF COVERAGE REQUIREMENT
~Worker’s Compensation
Automobile Liability’
~L ,Comprehensive General Liability:
INCLUDING:
¯PERSONAL INJURY
¯BROAD FORM PROPERTY DAMAGE
¯BLANKET CONTRACTUAL
¯FIRE LEGAL LIABILITY
r-i ,Comprehensive Automobile Liability:
INCLUDING:
¯OWNED
¯HIRED
¯NON-OWNED
,~Professional Liability:
INCLUDING:
¯ ERRORS AND OMISSION~
¯ MALPRACTICE (If Applicable)
¯ NEGLIGENT PERFORMANCE
Statutory
BODILY INJURY
PROPERTY DAMAGE
BODILY INJURY & PROPERTY
DAMAGE COMBINED
EACH OCCURRENCE
LONG FORM (Minimum Limits)
$1,000,060
$1,000,000
BODILY INJURY (Each Person)
BODILY INJURY (E.ch Occ~r*.~,)
PROPERTY DAMAGE
BODILY INJURY & PROPERTY
DAMAGE COMBINED
ALL DAMAGES
$1,000,000
$1,000,000
,THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED
D.
E.
F.
The City of PaiD Alto, its officers, agents and employees are named as additional insured, but only as to work performed under contract. Said
coverage as to the City of Paid Alto, etc., shall be primary coverage, without offset against City’s existing insurance and any other insurance carried
by the City being excess insurance only.
Where the wod~ involves grading, paving, excavating, drilling or other undergroundwork, the policy includes destruction of wires, conduits, pipes,
mains, or other similar property or any apparatus in connection therewith below the surface of the ground whether owned by third parties or the City
of Paid Alto.
Where the work involves excavating, co!lapse coverage is provided in the amounts above.
The policy includes a "Severability of Interest" provision.
Deductibles over $5,000 must be indicated and are subject to approval.
If such policies are canceled or changed during the period of coverage as stated herein, in such a manner as to affect.the Certificate, thirty (30)
days written notice will be mailed to the City of Paid Alto, Contract Administration, P.O. Box 10250, 94303
The liability insurance policy includes a contractual liability endorsement providing insurance .coverage for Contractor’s agreement to indemnify thecity.
The coverage afforded under the policies is subject to all terms of the policies designated herein and meets all of the provisions called
for herein.
END OF SECTION
CITY OF PALO ALTO: Insurance Requirements (REV.6/94)SECTION 00650-1
CERTIFICATE OF INSURANCE
This certifies that [] STATE FARM FIRE AND CASUALTY COMPANY, Bloomington, Illinois
[] STATE FARM GENERAL INSURANCE COMPANY, Bloomington, Illinois
insures the following policyholder for the coverages indicated below:
Name of policyholder _EFREN GUTIERRF.Z
Address of policyholder DBA GUTIERREZ ASSOCIATES
1616 FRANKLIN sT STR 202: (]A~<T,A~:~.A qz~19_9806
Location of operations ON F I LE
POLICY PERIODPOLICY NUMBER TYPE OF INSURANCE Effective Date i Expiration Date
[] Comprehensive " i
....~.7..-...6..0...-_3...o..6..7. =..o. ...........G..e.n..e.r.a! ~.a..~JI!V. ............F...E..B.. ,..1..9..,~.9..7..;...Z J;..B.....~. 9. ,. 9.~:
[] Manufacturers and ;
............................................ .c..o.n.!r..a.c.t.o..rp....u~a..~)[.~. ..............................i ........................
[] Owners, Landlo?ds,
............................................ .~n~..T.e.n..a.n..t.s.~L.~.![.~. ....." "i ¯
This insurance includes:[]Products ~ Completed Operations
[]Owners or Contractors Protective Uabi{ity
[]Contractual Uabllity
[]Professional Errors and Omissions
[]Broad Form Property Damage
[]Broad Form Comprehensive General Liability
POLICY PERIODPOLICY NUMBER TYPE OF INSURANCE Effective Date’ i Expiration Date
97-GB9771-4
EXCESS LIABILITY
[] Umbrella
[] Other
[]Workers’ Compensation
and Employers Liability
I
£PRIL4,1995 APRIL
1998
[] Dual Limits for:.
Each Occurrence $.
Aggregate $
LIMITS OF LIABILITY
BODILY INJURY
Each Occurrence $
Aggregate*
PROPERTY DAMAGE
[] Combined Single Umit for:
Each Occurrence
Aggregate
BODILY INJURY AND
PROPERTY DAMAGE
CONTRACTUAL LIABILITY LIMITS (if different from above)
BODILY INJURY
Each Occurrence
PROPERTY DAMAGE
Each Occurrence
Aggregate
BODILY INJURY AND PROPERTY DAMAGE
(Combined Single Limit)
Each Occurrence
Aggregate
Part 1 STATUTORY
Part 2 BODILY INJURY
Each Accident
Disease Each Employee
Disease - Policy Limit
$
$
$1,000,000
$1,000,000
"Agg~ga~ no~ ~ ff Ownem, 12n~:J~s, ~ Tenants Ll~b~i~y In~urence excludes
THIS CERTIFICATE OF INSURANCE IS NOT A CONTRACT OF INSURANCE AND NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS, EXTENDS, OR
ALTERS THE COVERAGE APPROVED BY ANY POLICY DESCRIBED HEREIN.
Name and Address of Certificate Holder
AND ADDITIONAL INSURED:
AGBILL SHADDLE ~
FACILITIES PROJECTS SUPERVISOR APRIL I,MSC WAREHOUSE EXPANSION DateCITY OF PALO ALTO ~
Ag~lt’SCOdeSlzul~pPALO ALTO,’CA
F6-994.10 P,~v, 1~91 Prated In U.G.A.
1997
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND-CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE
DEALEY,RENTON& ASSOC.
P.O. Box 12675
Oakland,CA-94604
510-465-3090-
Gutierrez/Asso¢iates
1616 Franklin Street, Ste.
Oakland, CA 94612
202
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
CO~A~
LETTER A
~TTER B
A~ociated Internat’l In~ Co
~A~LETTER C
~A~LETTER D
LETTER E
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO ThE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHST ANDING ANY REOUIREMENT, TEI:~4 OR CONDITION OF ANY CONTRACT OR OT HER DOCL~ENT WITH RESPECT TO WHICH T HIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TEI:~MS
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. L~ITS SHOWNMAY HAVE BEEN REDUCED BY PAID CLAIV~S.
POLIOV NUMBER POt.IO¥ Et~’EOTIVE POLIOY swXPIR ATIOR LIMITS
DAT~ (MM/DD/VY) DAT1E (MM/DOIVY)
AUTOMOBILE LIAG~.ITY
ANY AUTO
ALL OWNED_AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON-0WNED AUTOS
GARAGE LIABILITY
A
EXeESSLIAGILITV~UMBRELLA FORM
OTHER THAN LIIVIBRELLA FORM
WORKER’S O MI~N~ATION
EMPLOYERS’LIABILITY
OTHER
Professional
Liability
AEP 450 369C
DESCRIPTION OF OPERATIONSILO~ATION~JVEH I~,i,.~PEOIAL iTEMS
12/03/96 12/03/97
GENERAL AGGREGATE $
PRODUCT S-COMP/OP AGG.$
PERSONAL & ADV. INJURY $
EACH OCCURRENCE $
FIRE DAMAGE (An~, one fire)$
MED. EXPENSE (An~, one perso~$
COMBINED SINGLE $LIMIT
80DILY INJURY $(Per person)
BODILY INJURY ! $(Per accident
PROPERLY DAMAGE $
EACH OCCURRENCE
AGGREGATE
I STATUTORY LIMITS
EACH ACCIDENT
DISEASE-POLICY LIMIT
DISEASE-EACH EMPLOYEE
$1,000,000 per
claim & annual
aq~reqate.
EXPIRATION DATE THEREOF, THE ISSUINC COMPANY WILL ENDEAVOR TO
iMAIL 30 DAYSWRITTENNOTICETOTHECERTIFICAIEHOLDERNAMEDTOTHE
The C i ty o f P a I o A I to LEFT. BUT FAILURE TO MAIL SUCH NOTICE SHALL IvIPOSE NO OBLIGATION OR
A t t n : ,B i I I Sh a d d I e LiABiLIT Y OF ANY KIND UPON THE COMPANY, IT S AGENT S OR REPRESENT A TIVES.
M S C Warehouse Expansion iii!AUTHO~IZ~RI~PRESENTAT~~
Confirmation of Liability Coverage
P.O. Box429186, S~nFran¢i~co, CA 94142-9186
NAMED INSURED:
GUTIERREZ,EFREN;OR TAMARA M
21 HACIENDAS RD
ORINDA
CA 94563
POLICY NUMBER
B5-59-33.3
POLICY EXPIRATION DATE
10 29 1997
EFFECTIVE DATE
t0/29/96
[] Additional insured Bodily Injury and Property Damage is:
wl~ieh, subject to all terms and conditions of the CSAA Members Car Policy, shall have the rights of coverage
and defense 9ranted to organizations by subpart (3) of the section entitled "Additional Definition Used In this Part
Only" under Part I-Liability.
[]The Bureau will give 10 days Notice of Cancellation for r)on-paymcnt of premium, 20 (|ay~ notioe of Cancellation
for any other reason or lapse of policy to:
[] Coverage are extended to:
which, subject to all terms and conditions of the CSAA Members Oar Policy, shall Ilavo the rights of coverage
and defense 9ranted to organizat!ons by subpart (3) of the sectiorl entitled °’Additlol~al Definition Used in It]is Part
Only" under Part I-Liability.
The policy of automobile insurance includes the oovorages and limits of liability as show~ below.
The policy will expire on the date shown unless cancelled by the insurecf or by the Bureau prior thereto.
MAKE OF CAR
POR$c
MERCE
ROVER
BMW
YEAR
80
94
94
069408
8ALHVI244RA641520
WBABE6321RJC147
VEHIGLE |DENTIrlCATION NUMBER (VIN)
LIABILITY COVERAGES
~-- ’ BOEILY [N_J_URY LIABILITY
LIMITS _Q.E..L!ABILITY~Eeoh Ooourr~c~
~1 ,o0o,00o
PROPERTY DAMAGE
LIMIT
Each Occurrence
121t0790
03/27/1997 GCDLOW