HomeMy WebLinkAbout1997-04-28 City CouncilCity of Palo Alt
C ty Manager’s Rep r
1
TO:HONORABLE CITY COUNCIL
FROM:
AGENDA DATE:
SUBJECT:
CITY MANAGER DEPARTMENT: PUBLIC WORKS
APRIL 28, 1997 CMR:197:97
APPROVAL OF CONTRACT WITH DAMES & MOORE FOR
CONSULTANT SERVICES FOR SEISMIC ANALYSIS OF
THE MUNICIPAL SERVICE CENTER BUILDINGS
This is a request for approval of a consultant contract with Dames & Moore in the amount’
of $30,000 for a seismic structural analysis of the buildings at the Municipal Service Center
(MSC).
RECOMMENDATIONS
Staff recommends that Council:
Approve and authorize the Mayor to execute the attached contract with Dames &
Moore in the amount of $30,000 for consultant services to conduct a seismic
structural analysis of MSC buildings.
o Authorize the City Manager Or her designee to negotiate and execute one or more
change orders to the. contract with Dames & Moore for related, additional but
unforeseen work which may develop during the project, the total value of which
change orders shall not exceed $3,000.
POLICY IMPLICATIONS
The approval of this contract is consistent with existing policies.
EXECUTIVE SUMMARY
Consultant Services Description
The MSC functions primarily as an operational headquarters for the Public Works and
Utilities departments. Since many of the City’s critical operational, functions are
Page 1 of 3
headquartered at the site, it is considered an Essential Facility per the Uniform Building
Code. The purpose of the seismic upgrade study is to identify structural modifications that
would be needed in order to bring the three main MSC buildings (A, B and C) into
compliance with the present Code. The study will include recommendations for
modifications as well as conceptual cost estimates. Upon completion of the study, the City
will have the option of negotiating with Dames and Moore for the preparation of construction
contract documents.
Selection Process
Staffsent a Request for Proposals (RFP) to thirty firms on February 6, 1997. The proposal
period was twenty:six days and a pre-proposal meeting was held at the MSC site on February
18, 1997. Proposals were received from nine firms on March 4, 1997 and ranged from
$24,000 to. $46,000. Those firms not responding indicated that they did not submit a
proposal because their work loads would not allow them to provide this project with the
attention it required.
A selection committee consisting of staff from the Public Works Department reviewed the
proposals relative to selection criteria contained in the RFP. Dames & Moore was selected
because the firm demonstrated experience with similar projects, had a dear understanding
of project goals and objectives, and outlined the best method of ascertaining the possible
seismic deficiencies of the buildings.
FISCAL IMPACT
Funds for the seismic study are included in the FY 1996-97 CIP # 18508 - Public Buildings:
Structural Improvements.
ENVIRONMENTAL ASSESSMENT
These services are categorically exempt under Section 15301 the California Environmental
Quality Act.
CONFLICT. OF INTEREST
Staff, withthe concurrence ofthe City Attorney, 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
are limited in scope or are primarily ministerial in nature. ¯
ATTACHMENT
Agreement
CMR:197:97 Page 2 ot" 3
PREPARED-BY: Karen Bengard, Senior Engineer, Public Works Engineering
DEPARTMENT HEAD REVIEW: ~L ~, ~
GLENN S. ROBERTS
Director of Public Works
CITY MANAGER APPROVAL:
" g~L. ?~~SON
Assistant City Manager
CMR:197:97 Page.3 ot’ 3
CONTRACT NO.
BETWEEN THE CITY OF PALO ALTO AND
DAMES & MOORE
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
DAMES & MOORE, a Delaware corporation, located at 221 Main Street,
Suite 600, San Francisco, CA 94105-1917 ("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 toengage 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 on the terms and in
the manner set forth herein; "
NOW, THEREFORE, in consideration ofthe.covenants~ terms,
conditions, and p~ovisions of this Contract, the parties agree:
SECTION i. TERM
i.i This Contract will commence on the date of its
execution by CITY, andwill 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
work 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. faultof 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 constitutingthe Project will be performed, delivered or executed by CONSULTANT
under the phases of the Basic Services as described below.
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
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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 9hanges will be determined in
accordance with the provisions of this Contract. CITY will not be
liable, for the cost or payment of any change in work, unless the
amohnt 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
Deiiverables, which arediscovered by CITY afZer the construction
contract is awarded by CITY, will be .performed 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
CONSULTANT; 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 CONSULTANT. The project manager in
the reasonable exercise of his or her discretion will determine
whether the Basic 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.representsa~d 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
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CONSULTANT covenants and agrees that it will execute or cause to be
executed, the Project.
3.3 CONSULTANT will assign Ge~ardo V. Calvillo, Jr.,
S.E. as the projeht director to have supervisory responsibility
for the performance, progress, and execution of the Project.
Gerardo V. Calvillo,~ Jr., S.E. 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 permits and licenses, pay. all
charges and fees, and give all notices whichmay be necessary and
incident to the due and lawful prosecutionof the.Project;
3.4~2 Keep itself fully informed of all existing and
future Federal, Stateof California, and local laws, ordinances,
regulations, orders, and decrees which may affect those engaged or
employed under this Contract and anymaterials 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 withthree (3) copies
of any documents, which are a part .of the Deliverables .upon their
completion and acceptance by CITY.
’ 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
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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
perfo .rmance 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 beconsidered independent
CONSULTANTs and not a~ents or employees of CITY.
3.18 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 courtof record;
3.10.2 Incurring travel and ~subsistence expenses for
CONSULTANT 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
310.4 Other Additional Services now or. hereafter
described in an exhibit to this Contract.
3~ii CONSULTANT will~be responsible for employing all
~sub-consultants deemed necessa.ry to assist CONSULTANT in the
performance of the Services. The appointment of sub-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 I 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 eachphase of work performed by
CONSULTANT. CITY’s estimated .time of review and approval will be
furnished to CONSULTANT at the timeof 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.
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4.3 The city manager will represent CITY for all
purposes under t~is Contract. Karen Bengard 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 Debra Jacobs, the Proj.ect Engineer.
4.4 If CITY observes or otherwise becomes aware of any
default in the performance.of CONSULTANT, CITY will use reasonable
efforts to gi~e 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 Thirty Thousand
Dollars~ ($30,000.00). 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 Three Thousand Dollars ($3,000.00). An.
employee’s time will be computed at amultiple of two(2) times the
.employee’s direct personnel expense described below. The rate
schedules may be updated by CONSULTANT only once e~ch calendar
year, and the rate schedules will not become effective for purposes
of this Contract, unless and until CONSULTANT gives CITY thirty
(30) days’ priorwritten 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,
oH both, theparties~will agree upon an estimated maximum cost for
such extra work or changes. CONSULTANT willnot be paid for extra.
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.!.4 Direct personnelexpense of employees assigned
to~he execution of the Project by CONSULTANT will include only the
work of architects, engineers, designers, job captains,
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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. custbmary, benefits such as statutory employee
benefits, insurance, sick leave, holidays and vacations, pensions
and similar benefits~
5.2 The schedule of payments will be 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
mutually 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 CONSULTANTs.
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 amohnts
required to be paid. to CONSULTANT. These originals will be
delivered to CITY without additional compensation. CITY will have
the rightto utilize any final and incomplete drawings, estimates,
specifications, and any’ other documents prepared hereunder by
CONSULTANT, .but -CONSULTANT disclaims any ~esponsibility or
liability for any alterations or modifications of such documents.
SECTION 7.INDEMNITY
7.1 CONSULTANT agrees to protect, indemnify, defend and
hold harmless CITY, its Council members, officers, employees and
agents, from any and all demands, claims, or liability of any
nature, including 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’ neg!igent~ 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 of any breach or
violation of any covenant~ term, condition or provision, of this
Contract or of-the p~ovisions .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 breachor 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 partof.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.
9.3 Certificates ¯ of such 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
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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 will not 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 terminated or
the term has expired.
SECTION i0. WORKERS’ COMPENSATION
i0.i CONSULTANT, by executing this Contract, cegtifies
that it is aware of the provisions of the Labor.Code of the State
of California which require every employer to be insured against
~iability for workers’ compensation or to undertake self-insuranceIn accordance with the provisions of that Code, and certifies that
it will comply with such provisions, as applicabl4, before
commencing the performance of the Project.
PROJECT
SECTION ii - TERMINATION OR SUSPENSION OF CONTRACT OR
11.1 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 after submission to CITY by.
CONSULTANT of any completed item of Basic Services. Upon receipt
of such notice, CONSULTANT will immediately discontinue its
performance under this Contract.~
II.2CONSULTANT may terminate this Contract or suspend
its execution of the Project by giving thirty ~30) days’ prior
written notice £hereof to CITY, but only in the event of a
substantial failure of performance by CITY orin the event CITY
indefinitely withholds or withdraws its request for the initiation
or continuation of Basic Services or the execution of the Project.
11.3 Upon such suspension ~ or. termination by CITY,
CONSULTANT will be compensated for the Basics 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,~CONSULTANTwill
be compensated for each item of service fully performed in the
amounts authorized underthis 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. ~
II.4.3 The total compensation payable ~nder 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 differendes in"
matters of judgment, will not be construed as a failure on the part
of CONSULTANT to fulfill its obligations underthis 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
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.
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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 Contra~t, CONSULTANT covenants
that it presentiy has no interest, and will not acquire any
interest, direct or indirect, financial or otherwise,~ which would
conflict 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 independent
contractors or persons having such an interest mentioned above.
CONSULTANT 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 of the Palo Alto Municipal Code and the
Government Code of the State ofCalifornia. "
SECTION 15.NONDISCRIMINATION
.15.1 As set forth in the Palo Alto Municipal Code,.no
discrimination will bemade 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:
"[Name of Provider] will provide CONSULTANT
with a certificate stating that .[Name of
¯ Provider] is currently in. c0mpliance 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 Cityof Palo Alto; and that
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[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 performance 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 in compliance with this
provision .as damages for breach of contract, or both.
SECTION 16.MISCELLANEOUS PROVISIONS
16.1 CONSULTANT represents and warrants that it has
knowl.edge 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.
16.3 This Contract will be governed by the laws of the
State of California, excluding its conflicts of law.
16.~ In the event that an action is brought, the’-partiesagree that trlal of such action will be vested exclusively~ in the
state courts of California or in the United States District Court
II
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 oneand thesame instrument.
16.12 This Contract is.subject to the fiscal provisions
Of the Charter of the City of.Palo Altoand the Palo Alto Municipal
Code. This CQntract 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 ifiscal
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. .~
ATTEST:.CITY OF PALO ALTO
City Clerk
APPROVED AS TO FORM:
Mayor
Senior Asst. City Attorney
APPROVED:
Assistant City Manager
Director of Public.Works
Acting Director of
Administrative Services
DAMES &
By:
Its
Taxpayer’s I.D. No. 00-7965189
RisklManager ~
Attachments:
EXHIBIT "A" :
EXHIBIT "B" :
EXHIBIT "C" :
EXHIBIT "D" :
SCOPE OF PROJECT & TIME SCHEDULE
RATE SCHEDULE
INSURANCE
NONDISCRIMINATION COMPLIANCE FORM
13
970409 ~n 0071175
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code § 1189)
a Notary said County and State, p~rsonally
appeared personally known to me
or .proved to me on the basls 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 instrumentthe person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature of
14
Exhibit A
DAMES & MOORE
221 MAIN STREET, SUITE 600, SAN FRANCISCO, CALIFORNIA 94105-1917(415) 896-5858 FAX: (415) 882-9261
March 4, 1997
Ms. Debra Jacobs
City of Pale Alto
Contract Administration
Civic Center, First Floor
250 Hamilton Avenue
Pale Alto, CA 94301
Dear Ms. Jacobs:
Re:Proposal
Seismic Upgrade Study
RFP #94743
¯ Project No. 18508
Dames & Moore is pleased to present this proposal for the seismic upgrade study ofthe
Municipal Service Center (MSC), 3201 EastBayshore Road, Pale Alto, California. This
.proposal .is in response to your Request for Proposal dated February 6, 1997. We have attended
the pre-proposal conference and have reviewedthe existiag construction drawings.
It is’our understand!ng that work related to the asbestos investigation is outside the scope of this
study. It is also our understanding that no previous seismic evaluations have been .performed for
these facilities to date.
Please do not hesitate to call me at (415) 243-3849, should you have any questions concerning
this proposal or require additional information. We very much look forward to working with
you..
Sincerely,
DAMES & MOORE
. Calvillo, Jr. IE
’~ /Manager, SLruct .ur~arthquake Engineering ’
l/Northern Califorma "V
OFF~.CES WORLDW OE
Proposal - Project No. 18508
RFP #94743
Seismic Upgrade Study
2°0 Approach to Scope of Work
We will approach the scope of work with the following tasks: (1) liquefaction study including
seismicity/ground motion determination; (2) building seismic upgrade evaluation and conceptual
retrofit .recommendations; (3i nonstructural component evaluation; (4) architectural and ADA
compliance study; and (5) project report/presentation, including construction cost estimates.
Task ~1 -- LiquefactionStudy
According to the County of Santa Clara, Draft Geologic Hazard Maps, the Site is located in an area
adjacent to potentially liquefiable material. The maps do not put the site area in a liquefaction
hazard zone. However, due to the close proximity of Matadero Creek and Adobe Creek, which may
¯ be a source of potentially liquefiable granular material (sands), the potential for liquefaction cannot
be ruled out and must be further addressed.
We firmly believe that a probabilistic seismic hazard analysis should be performed to accurately
evaluate the buildings and design the retrofits to an appropriate risk level of strong ground motion.~
Our in-house earthquake and geotechnical engineers will review available soils and seismicity
reports for the site,-as well as data from Dames & Moo.re’s files for any other nearby sites where we
have previously carried out seismicity evaluations. We will then use this information together with
seismologic and tectonic data for the area to develop estimates of ground shaking (~esponse spectra)
associated with earthquakes having a 10-percent probability of exceedance in 50 years, or a 475~year
return, period.. This. work will be directed by Dr. Neville Donovan, one of the pioneers and
developeis of site-specific probabilistic seismic hazard analysis.
On February 26,199"7, we received a voice mail message from the City offices indicating that two
additional geotechnical reports, which include soils borings of the subject site, are available for our
review. "
Task 2 -- Building Seismic Upgrade Evaluation and Conceptual Retrofit Recommendations
The first step of the evaluation consists of reviewing design documents for all three
structures. We request that the original design documents (drawings, specifications, reports,
calculations, ff available) be made available for our use in our offices on this project. Details
from any other geotechnical, seismic or structural studies, or on any building additions or
structural modifications are also required. Our proposal includes the cost ofreproducing the
above documents.
3
Proposal - Project No. 18508
RF~ #94743
Seismic Upgrade
bo All three structures will be evaluated to determine their compliance with to the seismic
requirements of UBC for essential facilities. We will perform an equivalent static analysis or,
ff required, a linear dynamic response spectrum analysis, as appropriate, for each structure.
For each building, the analyses will incorporate the building’ structural attributes, and
geometry to assess seismic performance characteristics. T~e analyses will be used to
compute: (a) the"demands" (i.e., the internal forces, bending moments, drifts, etc., imposed
on the building by the earthquake motions); and (b) the force, moment, and drift "capacities"
of each building and Rs members and conn.ections. Comparison of the demands to the
capacities will serve as a basis for assessing the seismic performance characteristics Of the
building.
For each building or element item for which seismic strengthening is found to be needed, we
willidentify the parti ~cular deficiencies in the building and develop schematic seismic retrofit
concepts for the deficient elements that will enable conceptual estimates of the costs for
constructing the retrofits. These concepts will be shown on 8-1/2" x 11" or 11" x 17." sheets,
as appropriate. Where appropriate, we will develop more than one alternative seismic
retrofit option with varying levels of cost and-seismic performance. This will assist the City
of Palo Alto in selecting the option that best meets their seismic performance requirements
and cost targets as it relates to business interruption during construction.
Task 3 -- Nonstructural Component Evaluation
It is our understanding the City of Palo Alto recognizes that a limited amount of effort will need to
be expended to retrofit nonstructural components. Specifically, the telecommunications center
equipment and building HVAC equipment will be reviewed.
The purpose of our nonstructural component evaluation in this project will be to enable the City of
Palo Alto to gain a level of confidence as to the extent of the problem, if any.
We will develop acceptance criteria fore the various nonstructurai elements that reflect continuous
operational performance reqttirements. The engineering criteria to be developed by Dames & Moore
will be based on our experience and ~udgrnent, in accordance with (a) outobservations of the seismic
performance of components during m~.y past earthquakes; (b) results of our prior seismic
evaluations of hundreds Of components; and (c) knowledge compiledfrom our experience in code
committees and earthquake engineering research directed toward the continued improvement of
building seismic design and strengthening procedures.
Proposal - Project No. 18508
RFP #94743
Seismic Upgrade Study
It is our understanding that our scope of work will include the cataloging of the telecommunications
and HVAC equipment. We ask that the City of Palo Alto staff assist in identifying items of
equipment within the telecommunications department, and provide reasonably accurate estimates
as to the quantities of such equipment, should a reasonable accurate cost estimate be desired.
Task 4 - Architectural and ADA Compliance Study
The seismic reftrofit recommendations shall be reviewed by Roberts and Associates to assess the
architectural and operational impacts of our retrofit recommendations as they are developed.
Additionally~ the team will review the requirements for the Americans with Disabilitites Act (ADA)
provisions as it applies to existing construction and the retrofit format.
Task 5 -- Report and Presentation
Findings from our seismic evaluation and conceptual retrofit design of the buildings and
nonstructural components will be presented in a report along with our recommendations. In
addition, one presentation to the City of Palo Alto staff has been included in our budget.
Proposal - ProjectNo. 18508
RFP #94743
Seismic Upgrade
4.0 Project Schedule and Cost Estimates
Project Schedule
Results of our evaluation will be available within ten weeks of receiving written authorization to
proceed, and receipt of design documentation (drawings, spec~cations, and all pm-t engineering
studies performed for the buildings). This schedule will enable options and recommendations to be
presented to the City ~f Palo Alto, if required. Our project report will then be finalized within two
weeks of the presentation.
Authorization to begin work
Drawing Collection and Drawing Reproduction
Draft Study Submittals at 50%
Draft Study Submittals at 90%
Final Submittal
May 5,1997
May 12,1997
June 9,1997
June 30,1997
Ju~y 14,1997
¯ 7 DAMES & MOORE
SCHEDULE OF CHARGES
UNITED STATES
1.0
111
1.2
1.3-
1.4
1.5
2.0
2.1
2.2
3.0.
3.1
The compensation to Dames & Moore for our professional services is based upon and measured by the following elements, which are com-
puted as set forth below.
PERSONNEL CHARGES
Charges for employees are computed by multiplying the total direct salary cost of our personnel (expressed as an hourly rate) bya factor of
2.5. The total direct salary cost shall be a sum equal to the direct payroll cost (computed by dividing the annual payroll cost by 1,940 Hours)
plus 40 percent of same to cover payroll taxes, insurance incident to employment, sick leave and other employee benefits. The time of an
employee of subsidiary companies or a retained consultant devoted to the project is charged at an assigned billing rate.
The 40 percent employee benefit factor is used for work performed by .personnel assigned to offices in the United States. For work performed
by personnel in our offices in other countries, it will vary depending on the employee benefits paid in the particular location.
When outside the United States, employees’ total direct salary cost will be increased by the premium customarily paid by other organizations
for work at the location.
Time spent in either local or inter-city travel, when travel is in the interest of the work, will be charged for in accordance with the foregoing
schedule; when traveling by public carder, a maximum charge of eight hours per day will be made.
Time spent in responding to any subpoena or other judicial or governmental request for documefits or testimony in connection with the Scope
of Services sh~l be compensated without regard to any other limitation on compensation.
EQUIPMENT CHARGES
Computer control of project costs will be billed at a rate of $1.25 per each $50 of job charges or fraction thereof.
Other Dames & Moore equipment, if used, will be billed at the rates noted in the proposal. Where not noted in the proposal, equipment will
be billed in accordance with the published rates in the current Dames & Moore Equipment Rate Catalog.
OTHER SERVICES AND SUPPLIES
Charges for services, equipment and facilities not furnished directly by Dames & Moore, and any unusual items of expense not customarily
incurred in our normal operations, are computed as follows:
3.1.1 Non-personnel costs, including attorneys’ fees, incurred in responding to any subpoena or other judicial or governmental request for
documents or testimony in connection with the Scope Of Services, without regard to any other limitation on compensation.
.3.1.2 Tariff rates plus 10 percent for telecommunications and delivery services.
3.1.3 Cost plus 10 percent for other shipping charges, professional services, Subsistence, transportafion,’printing and reproduction, miscel-
laneous supplies and rentals.
3.1.4 Cost plus 15 percent for surveying services, land drilling equipment, construction equipment,testing laboratories and contract labor.
3.1.5 Cost plus 25 percent for aircraft, watercraft, helicopter and marine drilling equipment and operation.
115.5 (12.95)RII
Proposal - Project No. 18508
RFP #94743
Seismic Upgrade
4.2 Cost Estimate
We propose to perform our services on a time-and-materials basisin accordance with the following
labor rate schedule for a price of $30,000, as shown below. This fee includes all labor and direct
expenses and wRl not be exceeded without written approval from the City of Palo Alto.
Task I - Liquefaction Study including Seismicity/Ground Motion Determination
Task 2 - Building Evaluation;/C0nceptual Retrofit Recommendation/Cost
Estimate
Task 3 - Nonstructural Component Evaluation/Cost Estimate
Task 4 - ADA Compliance Study/Cost Estimate
Task 5 -- Report/Presentation
Senior Technical Review
Project Management and Administration
TOTAL
$2,500
14,500
4,000
$3o.ooo
18
Exhibit C CERTIFICATE OF INSURANCE 04/15/97
PRODUCER
Willis Corroon Corporation of Wisconsin
330 East Kilbourn Ave., Suite 1400
Milwaukee, Wisconsin 53202
Contact: Sally Ryan
INSURED.Dames & Moore
911 Wilshire Blvd., Suite 700
Los Angeles, CA 90017.
COVERAGES
THIS CERTIFICATE IS ISSUED AS A MATI’ER OF INFORMATION ONLY AND CONFER~="
NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEN~)
EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
COMPANIES AFFORDING COVERAGE
COMPANY A
LETTER
COMPANY
LETTER B
National Union Fire Ins. Co. of Pittsburgh, PA
American Home (Canadian)
COMPANYLETTER C Ins. Co. State of Pennsylvania
COMPANY
LETTER D
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED , NOT
wm-~TANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY
PERTAIN, THE INSURANCE AFFORDE0 BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS
GENERAL LIABILITY
[] COMMERCIAL GENERAL LIABILITY
[] CLAIMS MADE
[] OWNER’S & CONTRACTOR’S PROT.
SHOWN MAY HAVE BEEN REDUCEO BY PAID CLAIMS.
TYPE OF INSURANCE POLICY NUMBER
RMGL143"S025
RMGLA25O-E379(CANADU~
[] CONTRACTUAL LIABILITY
[] XCU ¯ EXPLOSION COLLAPSE & UNOERGROUND HAZARD
AUTOMOBILE LIABILITY
,[] ANY AUTO
A [] HIRED AUTOS
a [] NOR.OWNED~U~OS
[] STATUTORY NO-FAULT
A
B
C
WORKER’8COMPENSATION
AND
EMPLOYERS’ LIABILITY
AUTOMOBILE
A PHYSICAL DAMAGE
RMCA143~9011(AZ Sta~ F..x~ T~
RMCA143-9014 (TX)
POUCY NUMBER(CANAD~J~
RMWC217-7687
RMWC217-7688 (CA)
RMWC217-7689 fiX)
RMCA143-9011
! RMCA143-9014 (TX)
POLICY EFFECTIVE
DATE (MM/DD/YY)
111/97
111~7
111/97
111/97
DESCRIPTION OF OPERATIONS I LOCATION I VEHICLES I RESTRICTIONS I SPECIAL ITEMS
POLICY EXPIRATION
DATE (MM/DD/YY)
1 I1198
111198
111/98
111/98
ALL L;MnS ~
GENERAL AGGREGATE "($) 1,00C
PROOUCTS-COMP/OP$ AGGREGATE ($) 1,00C
PERSONAL & ADVERTISING INJURY ($) 1,00C
EACH LOSS ($) 1,00C
WATER & FIRE’ LEGAL LIABILITY (8) 1 ,ooc
COMBINED
S~NOLE uMn"($) 1,00C
BODILY INJURY (Per
BCOILY INJURY (Per accident)
PROPER~Y -
DAMAGE
STATUTORY
($} 1 .ooo (EACH ACCIOEI~
|$| 1.000 (DISEASE ¯ POLICY LIMIT)
($1 1.OO0 (DISEASE - EACH EMPLOYEE
($) ~O0 DEDUCTIBLE COMPREHENSIVE
.($) 500 DEDUCTtBLECOLLISION
Ref: RFP No. 94743 - Seismic Upgrade Study.(Project No. 18508)It is agreed that the City of Palo Alto is an’a(]ditional Insureo hereunder as respects liability for loss, damage, and expense caused by any
negligent act or omission of.Dames & Moore or Its pe.rsonnel dudng the performance of Its services. This endorsement shall be applicableonly up. to the limit of IIsb I~ specified In this certificate of Insurance. This Insurance does not Include the obligation to defend the certificateho der in any case in which any claim is made by any thlrd party for damages not covered by this endoraemenE
¯The ter~. "ins.u. red~ shall be used seve~lly and not collectively, but this provision shall In no way Increase the total each loss and annualaggregate IIm~s otherwise available unaer the policy.
Such Insurance is pdmary and not contributing with any other Insurance maintained by the foregoing.
CERTIFICATE HOLDER CANCELLATION".city of Paid Alto SHOUTHEContract Administration TO~TO THE LEP.O. Box 10250 OBLORPalo Alto, CA 94303
DESCRIBED POLICIES BE CANCELED BEFOREISSUING COMPANY, WILL ENDEAVORTHE CERTIFICATE HOLDER NAMEDSUCH NOTICE SHALL IMPOSE NOANY KIND UPON THE COMPANY, ITS AGENTS
AUTHORIZED REPRESENTATIVE
CERTIFICATE
;PRODUCER A
Willis Cormon Corporation of Wisconsin
330 East K]lbourn Ave., Suite 1400
Milwaukee, Wisconsin 53202
Contact Sally Ryan
INSURED
.Dames & Moore
911 Wilshire Blvd. Suite 700Los Angeles, CA 90017
OF INSURANCE ISSUE DATE 04/1~
THIS CERTIFICATE IS ISSUED AS A MATi’ER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,
EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
COMPANIES AFFORDING COVERAGE
COMPANY
LETTER " A
COMPANYLETTER B
American International Specialty Lines Ins. Co.
COVERAGES
THIS IS TO CERTIFY THAT ~’HE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN I~SUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED , NOT
WITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPEGT TO WHICH TH B CERTIFICATE MAY’BE ISSUED OR MAY
PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN |S SUBJECT TO N..L THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POMCIES, UMITS SHOWNMAY HAVE BEEN REDUCED BY PAID CLAIMS.
TYPE OF INSURANCE
PROFESSIONAL,ERRORS AND
OMISSIONS
POLICY NUMBER
818-5923
POLICY EFFECTIVE
DATE (MM/DD/YY)
-~ 711/96
DESCRIPTION OF OPERATIONS I LOCATION I VEHICLES I RESTRICTIONS I SPECIAL ITEMS
Ref: RFP No. 94743 - Seismic Upgrade Study (Project No. 18508)
POLICY EXPIRATION
DATE (MM/DD/YY)
7/1/97
ALL LIMITS
(U.S. Dollars)
$1,O00,0OO EACH LOSS$1,O00,0OO ANNUALAGGREGATE
CERTIFICATE HOLDER .
.City of Paid Alto
Contract Administration
P,O. Box 10250
Paid Alto, CA 94303
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORETHE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVORTO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMEDTO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NOOBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTSOR REPRESENTATIVES.
AUTHORIZED REPRESENTATIV~
Exhibit D
PART III CERTIFICATION of NONDISCRIMINATION SECTION 410
Certification of Nondiscrimination: As suppliers of goods or services to the City of Palo Alto,
the firm and individuals listed below certify that they do not discriminate in employment with regaml
to age, race, color, religion, sex, national odgin~ncestry, disability, or sexual preference; that thy
are in compliance with all Federal, State and local directives and executive orders regarding
nondiscrimination in employment; and thatltey agree to demonstrate positively and aggressively
the principle of equal opportunity in employment.
The Bidder agrees specifically:
1.0 To establish .or observe :.employment ..oolicies.. which affirmatively promote
opportunities forminodty persons.at all job levels.
2.0
3.0
To communicate this polity’to all ..persons concerned, including, all employees,
outside recruiting.services ;especially those serving minority.communities, and to
the minodty :communities at large.
To take affirmative action steps tohireminority employees within the organization.
4.0 To ,be knowledgeable of. the :local, state, and federal laws .,andregulations-
.concerning affirmative action.policies and provide opportunities for employees.
Firm: DJkt~_,S & UOOt~DATE; 3/4/97
Ti" "’~ ....¯ ¯VZCE PEESZDENT -&"OFFZCER -" ’
Please i~lude any additional info~ation:-availaN~ )regarding equal oppoaunity,employment
programs now in effe~ within your ~mpany. "
SEE EEO POLICY .ATTACHED TO. THI.S PAGE
(P.iease attach additional pagas~ifnecessary)
END OF SECTION
CITY of PALO ALTO: Non<lis.crimination. RFP 94743 SECTION 410~1
DAMES & MOORE
EXECUTIVE OFFICES. 911 WILSHiRE BOULEVARD. SUITE 700, LOS ANGELES, CALIFORNrIA 90017{213) 683-1560 TELEX: 315528 FAX: {213) 628-0015 TWX: 910-321-4299
EQUAL EMPLOYMENT OPPORT.UNITY AND AFFIRMATIVE ACTION POLICY
DATE: JANUARY 1, 1995
It is the policy of Dames & Moore to comply with Federal and State regulations pertaining to Equal
Employment Opportunity and Affirmative Action.
EQUAL EMPLOYMENT OPPORTUNITY POLICY
It is the policy of Dames & Moore to follow Equal Er0ployment Opportunity hiring procedures which
gives the right to all persons to work andadvance on the basis of merit, ability and potential. The
company prohibits discrimination in employment on the basis of race, color, religiorb national origin,
ancestry, physical disability, pregnancy or medical condition, marital st~’,us, sex or age (over forty).
Discriminatory practices are prohibited in all terms and conditions of employment.
,The company prohibits discrimination because of age, disability, and wage differential based on sex
among persons performing similar work.
AFFIRMATIVE ACTION PROGRAM POLICY
It is the policy of Dames & Moore to establish specific result-oriented procedures to increase utilization
of minorities and females at all job levels and to assure equal employment opportunity in all its
personnel policies regarding:
Recruiting Wages and Salaries
Testing Selection Other Benefits
Hiring Training
Transfers Layoff
Promotions Discharge
These policies shall be administered without regard to race, color, religion, national origin, ~nce~try,
physical disability, pregnancy or medical condition, marital status, sex or age (over forty), ex.cept where
sex or.age is a bona fide occupational qualification. The company will give full consideration to tl~e
employment of qualified disabled persons.
Overall company-wide responsibility and accountability for the implementation of the Equal Employment
Opportunity Policy and Affirmative ,~ction programs have been assigned to Cynthia A. Hartley, Vice
President of Human Resources. She will serve as Dames & Moore’s Vice President .of Equal
Employment Opportunity.
President & Chief Executive Officer
DAMES & MOORE
EXECUTIVE OFFICES. 911 WILSHIR.E BOULEVARD, SUITE 700, LOS ANGELES, CALIFORNIA 90017.
~213) 6~-3-1560 TELEX: 315528 FAX: (213)628-0015 "I’WX: 910-321-4299
EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION PLAN
DATE: JANUARY 1, 1995
The following Equal Employment Opportunity and Affirmative Action Plan has been developed to
implement and enforce Dames & Moore’s Policy No. 101, Equal Employment Opportunity and
Affirmative Action Policy.
POLICY AND COMMITMENT
Dames & Moore believes that measures and efforts are required to prevent discrimination within the
organization. We commit ourselves to support this belief land the policies.outlined in-this Affirmative
Action Policy.
The company encourages initiative and personal leadership by individuals as the best means to ensure
success of the program. We want to meet this challenge in a positive ahd constructive spirit.
Violations of the Affirmative Action Program will be met with appropriate action.
The company will work with and seek the assistance of appropriate minority groups and agencies,
governmental agencies, educational institutions, civic organizations, study .groups, and its suppliers.
RESPONSIBILITIES
It is the responsibility of each member of management, from the President & Chief Executive Officer
to first line supervisors, to give the AA policy the necessary support through leadership and example.
In addition, it is the duty of every employee of Dames & Moore to create a job environment which is
conducive to our non-discrimination policies.
Overall company-wide responsibility and accountability for the implementation of the Equal Employment
Opportunity Policy and Affirmative Action programs have been assigned to.Cynthia A. Ha~Jey, Vice
President of Human Resources.She will serve as Dames & Moore’s Vice President of Equal
Employment Opportunity.
TRAINING ¯¯
.Any on-the-job training programs, as well as other training and educational, programs which the
company supports, will be reviewed regularly to assure that all employees are given equal opportun.ity
to.participate. Appropriate steps will be taken to give encouragement to minority groups and female
employees the opportunity to increase ~their skills and job potential tl~rough participation in available
training, educational and apprenticeship programs. /
LAYOFFS, TERMINATIONS & DOWNGRADING
Layoffs, terminations, and downgrading will be made without regard to race, color, religion, national
origin, ancestry, physical disability, pregnancy or medical condition, marital status, sex or age (over
forty), except where sex Or age is a bona fide occupational qualification. Full consideration will be
given to the employment, of qualified disabled persons.
RECRUITMENT
The company will consider all minority groups and female applicants for all job categories.
Efforts will be made to advertise employment opportunities in newspapers read by women and minority
groups. Schools, employment offices, and other recruiting sources may be advised in writing of the
policy to recruit qualified women and minorities. All solicitation advertisements should state the
company is an Equal Employment Opportunity Employer.
When recruiting for available positions, women and minority agencies should be contacted in the
community as well as in colleges, universities and employment offices.
PLACEMENT AND PROMOTION
The company will review job classifications where there is under-representation from women and
minorities’. Affirmative commitments will be made to rem. edy the under-utilization of female or minority
employees in these job classifications.. Placement, promotion and all transfer activities will be
.’monitored to insure that all quaiif.ied minorities and women are carefully considered. _
EMPLOYEE BENEFITS AND COMPENSATION
All employees will be compensated equally for performing equivalent duties except for reasons of merit,
seniority and productivity.
GOALS AND TIMETABLES
The company recognizes the need to establish goals and schedules in order to correct any under-
utilization of women and minorities. Timetables will be established prescribing when these goals
should be met. The company will make- a ,good faith effort" to fulfilt its goals and meet its timetables.
PROGRESS REPORTING
The .company’s Affirmative Action Plan will be available for inspection at any time to appropriate
government representatives. Dames & Moore has established a report and auditing system to measure
the progress of its goals. The company will furnish information as may be required to comply~with theapplicable laws and regulations. ’ . " -
Art~r C I~arrow
President & Chief Executive Officer
AFFIRMATIVE ACTION PLAN
FOR
DAMES & MOORE
EFFECTIVE JANUARY 1, 1995 -DECEMBER 31, 1995
Distribution of the Affirmative Action Plan is limited to that expressly approved by the Equal
Employment Opportunity Vice Presidentof Human Resources.
ESTABLISHMENT
This Affirmative Action Plan covers the work force of Dames& Moore.
CONFID~ENTIALITY
This section is protected under the exemptions of the Freedom of Information Act, as
well as the Trade Secrets Act and other laws and regulations. Pursuant to these acts,
and other statutes that protect the privacy of individuals and employee.~, disclosure of.
this information is prohibited.
INTRODUCTION
Dames & Moore is one of the largest environmental and applied earth sciences consulting
companies in the world, The company provides technical advice to designers, builders,
owners and-governmental agencies on a variety ’of projects concerning complex ecological and
engineering problems. Projects range from planning and engineering to inspection services
¯ during construction to post-construction management consultation.
Dames & Moore was founded in 1938 by Trent.R. Dames and William W. Moore, From the
original two-man office in Los Angeles, the company has expanded to over 3000 employees
in offices located in over 90 cities throughout the world.
As the company expanded, it became increasingly diversified. In addition to its original
specialties of soil mechanics and foundation .engineering, the company developed expertise in.
such areas as the earth sciences, site selection, environmental assessment, regulatory affairs,
hazardous waste management, design and construction management.
Dames & Moore has dedicated itself to expanding its technical capabilities and geographical
effectiveness, and strives to be-innovative in its-thinking, responsive in its studies and
investigati.ons, and progressive in its recommendations. Management and employees of the
company are committed to client’s project, needs and to develop solution in terms of overall
effectiveness, economy and safety.
The companyseeks to provide growth opportunities for its employees by continually
evaluating new and allied opportunities within the consulting, design and construction
management fields, by encouraging employees to advance their technical knowledge and
¯ through advancement within the organization.
6
It is the policy of Dames & Moore to comply with Federal and State regulations pertaining to Equal
Employment Opportunity and Affirmative Action.
EQUAL EMPLOYMENT OPPORTUNITY POLICY
It is the policy of Dames & Moore to follow Equal Employment Opportunity hiring procedures which
gives the right to all persons to work and advance on the basis of merit, ability and potential. The
company prohibits discrimination in employment on the basis of race, color, religion, national origin,
ancestry, physical disability, pregnancy or medical condition, marital status, sex or age (over forty).
Discriminatory practices are prohibited in all terms and conditions of employment.
AFFIRMATIVE ACTION PROGRAM POLICY
It is the policy of Dames & Moore to establish specific-result oriented procedures to increase utilization
of females and minorities at all job levels and to assure equal employment opportunity in all its
personnel policies regarding: °
Recruiting Wages and Salaries
Testing Selection Other Benefits
Hiring Training
Transfers Layoff
Promotions Discharge
These policies shall be administered without regard to race, color; religion, national origin; ancestry, .......
physical disability, pregnancy or medical condition, marital status, sex or age, except where sex or age
(over forty) is a bona fide occupational qualification. The company will give full consideration to the
employment of qualified disabled persons.
Dames & Moore shall develop and maintain in force an Affirmative Action Plan and the President &
Chief Executive Officer (CEO) shall designate an individual to serve as the company’s Vice President
of Equal Employment Opportunity to be responsible and accountable for the implementation of the
Equal Employment Opportunity Policy.
RESPONSIBILITY FOR IMPLEMENTATION
It is the responsibility of each member of management, from the President & Chief Executive-Officer
to first line supervisors, to give the AA policy the necessary support through leadership and example.
In addition, it is the duty of every employee of Dames & Moore to create, a job environment which is-
conducive to our non-discrimination policies;
Overall company-wide responsibility and accountability for the implementation of the Equal EmploYment
Opportunity Policy and Affirmative Action programs have been assigned to Cynthia A. Hartley, Vice
President of Human Resources. She will serve as Dames & Moore’s vice President of Equal
Employment Opportunity.
INTERNAL AND EXTERNAL DISSEMINATION
OF
POLICY STATEMENT
[41 CFR 60-2.13 (b)]
To ensure that all employees, applicants for employment, and the public are aware of Dames
& Moore’s commitment to Equal Employment Opportunity, the following steps are being or
have been taken:
A.Internal Dissemination:
Dames & Moore’s EEO Vice Presidept will communicate periodically with the
appropriate managers and disseminate information on the company’s overall
Affirmative Action Program.
Equal Employment Opportunity notices and posters are ~lisplayed in areas where
they canreadily be .seen by employees and job applicants. The posters
provide important information on the job rights of employees and applicants
under Equal Employment Opportunity laws and regulations inc!uding the
following: .~
Executive Order 11246, as amended
Section 503 of the Rehabilitation Act of 1973, as amended
Section 402 of the Vietnam’ Era Veterans’ Readjustment
Assistance Act of 1974
o Title VII of the Civil Rights Act of 1964, as amended
o
O
O
Age Discrimination ’in Employment Act of !967, as-amended
Equal Pay Act of 1963, as amended
o Americans With Disability Act bf 1990, as amended
The policy statement is available to all employees..
Managers and supervisors who have a *responsibility for such personnel
¯ activities as interviewing, hiring, promoting,¯ transferring, ¯ .disciplining and
terminating employees, ¯ will continue to receive instructions in the review of EEO
policy, to ensure that such activities are administered without unl.awful regard
to race, color~ religion, national origin, ancestry, physical disability, pregnancy
or medical condition, marital status, sex or age (over forty), or disabled veterans
of Vietnam era veteran status.
Dames & Moore’s EEO policy will continue to be a discussion item in staff
meetings for Dames& Moore employees, supervisors and managers.
o The phrase "Dames & Moore is an EEO Employer.
encouraged to apply," will be included in all job announcements.
announcements will be posted on office bulletin boards.
Women and minorities are
Such
B°External Dissemination:
Recruiting sources will continue to be informed orally and in writing of Dames
& Moore’s EEO policy. We will also request their support in furthering, our
commitment to EEO.
The phrase "Dames & Moore is an EEO Employer. Women and minorities are
encouraged to apply," is to be used in all recruitment publications;
=
Purchase orders, leases, and contra~ts covered by, or subject to Executive
Order 11246 (as amended) or its implementing rules and regulations, will
contain an appropriate Equal Employment Opportunity clause therein (either by
reference or in its entirety).
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ACTION ORIENTED PROGRAMS
RECRUITMENT
The companywill consider all female and minority group applicants for all job categories.
Employment advertisements should be placed in newspapers read by minority groups and women.
Schools, employment offices, and other recruiting sources may be advised in writing of the policy to
recruit qualified women and minorities. All solicitation advertisements should state the company is an
Equal Employment Opportunity Employer.
When recruiting for available positions, women and minority agencies should be contacted in the
community .as well as in colleges, universities and employment offices.
PLACEMENT AND PROMOTION
The company will review job classifications where there is under-representation from women and
minorities. Affirmative commitments will bemade to remedy the under-utilization of minority or female
employees in these job classifications. Placement, promotion and. all transfer activities will be
monitored to insure that all qualified minorities and women are carefully considered...
EMPLOYEE BENEFITS AND COMPENSATION
All employees will be compensated equally for performing equivalent duties except for reasons of merit,
seniority and productivity.
TRAINING
Any on-the-job training programs, as well as other training and educational programs which the
company supports, will be reviewed regularly to assure that all employees are given equal opportunity
to participate. Appropriate steps will be taken to give encouragement to minority group and female
employees the opportunity to increase their skills and job potential through participation in available
training, educational and apprenticeship programs.
LAYOFFS, TERMINATIONS & DOWNGRADING m_
Layoffs, terminations and downgrading will be made without regard to race, color, religion, national -
origin, anbestry, physical disability, pregnancy or medical condition, marital Status, sex or age (over
forty), except where sex and age is a bona fide occupational qualification. Full consideration will be
given to the employment of qualified disabled persons.
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AFFIRMATIVE ACTION PLAN
FOR
DAMES & MOORE
DISABLED
DISABLED VETERANS -VIETNAM ERA VETERANS
Distribution of the Affirmative Action Plan is limited to that expressly approved by the Equal
Employment Opportunity Vice President of Human Resources.
AFFIRMATIVE ACTION PROGRAM
DISABLED
DISABLED VETERANS -VIETNAM ERA VETERANS
POLICY
It is the policy of Dames & Moore to provide equal employment opportunity to all persons without ’
unlawful regard to physical or mental disability and to disabled veterans and Vietnam era veterans.
All decisions related to its personnel policy and practice in the recruitment, employment, development,
advancement and consideration of applicants and employees will be made on the basis of the
individual’s qualifications with the possibility of any necessary job accommodation.
RESPONSIBILITIES
It is the responsibility of management and supervisors to carry out the purpose and intent of Dames
& Moore’s policy of affirmative action for disabled persons, disabled veterans and veterans of the
Vietnam era. The President & Chief Executive Officer is responsible for the overall implementation of
the Affirmative Action program. His specific responsibilities include:
1.Providing direction and support of the pr.ogram.
Identifying problem areas and developing solutions through the audit system.
Assuring die annual reaffirmation of Dames & Moore’s policy and the updating of the program..
Prevent harassment of employees p.laced through affirmative action efforts. .~
Managers and supervisors are responsible for, but not limited to:
Ascertaining that the Dames & Moore’s policy is being carried out.
2.Periodic auditing to ascertain that hiring, promotion, training, counseling and trea~r~ent of
disabled workers, disabled veterans and Vietnam era veterans are being handled in a fair and.
equitable manner.
3.Assisting in identification of problems and in developing solutions.
The Affirmative Action Vice President is the designated representative and has the full Support of the
President & Chief Executive Officer for carrying out the company’s policy. The Affirmative Action Vice
President is Cynthia A. Hartley. She is responsible for:
Implementing poli.cy, Affirmative Action Program, and internal communications.
Assisting management in identifying problems and arriving at solutions.
Periodically auditing, hiring, promotion, transfer and other personnel procedures to insure the
company’s policy is being adhered to and. reporting the results to top management.
12
Assuring that:
a)
b)
c)
d)
EEO posters are properly displayed.
Applicants and employees are aware of the opportunity to identify themselves for
benefiting from the program.
Purchase orders and contracts contain the Affirmative Action clause
where appropriate.
Arrangements are made for career counseling, if desirable.
Conduct regular discussions with managers and employees to insure policy is being carried out
and to:
a)
b)
c)
d)
e)
Measure effectiveness of the program.
Indicate need for remedial action.
Ascertain that selection procedures are job related.
Notify recruitment sources of the company’s interest in hiring the disabled, disabled
veterans and Vietnam era veterans and solicit their assistance in solving the problems
of employment. "
List all suitable employment openings with the local State employment service for
veterans.
SELECTION
oA.The application and EEO self-identification formsare in compliance-with-Federal-andState
agency regulations and guidelines.
Physical and mental job requirements are reviewed to ascertain that they are job related in
performance and saf.ety and do not screen out qualified disabled employees, disabled veterans
and Vietnam era veterans.
Before seeking candidates from outside sources, all employees including disabled, disabled
veterans and Vietnam era veterans will be reviewed to determine promotability on the basis
of merit .and qualifications.
COMMUNICATION
A.Internal
It’. will be the policy of Dames & Moore to hire and promote on the basis of merit and
qualifications. However, the additional following steps shall be taken with respect to disabled,
disabled veterans and Vietnam era veterans.
Dames & Moore will invite all applicants and employees who believe they are covered
by the Rehabilitation Act, and the Vietnam Era Veterans Readjustment Act, and who
wish to benefit under this Affirmative Action Program, to identify themselves.
Submission of this information is voluntary and will be kept confidential. An employee
or applicant that refuse to provide this information will not be subjected to any adverse
treatment. Any employee or applicant that identifies himself/herself, wil! be asked for
advice regarding proper placement and appropriate accommodation.
13
Dames & Moore will review employment records to determine the availability of
prom.table and transferable qualified known disabled individuals presently employed
and to determine whether their present and potential skills are being fully utilized and
developed.
A copy of the Affirmative Action program will be made available to. all employees and
applicants, upon request.
Meetings will be held to interpret the policy and inform managers and supervisors of
their individual responsibilities.
Dames & Moore’s policy statement will be posted on all bulletin boards and will be
included in the policy manuals.
Discussion of the Affirmative Action program, will be included in all orientation and
training sessions, o
7.Notices required under Federal regulations will be.posted in appropriat~ locations.
External
Disabled recruiting sources will be advised of job openings. These sources include, but
are not limited to the:
a.Employment Development Department.
State and local vocation rehabilitation agencies.
-Social Service agenc=es.
Veteran recruiting sources will be advised of job openings. These include, but are not
limited to:
a.Employment Development¯ Department.
b.Veterans Administration.
Disabled workers and disabled veterans will be included when any employees are
pictured in consumer promotional or help-wanted advertising.
An appropriate Affirmative Action clause will be included in each of its covered
government contracts, subcontracts or purchase orders of $2,500 or more.
Employment openings will be listed at the appropriate local office of the State
Employment Development Department.
Dames & Moore will take positive steps to attract qualified veterans and disabled
persons not currently in the work .force who have the requisite skills and can be
recruited through affirmative action measures.
14