HomeMy WebLinkAbout1997-05-19 City Council (34)~C~ of Palo Al~o
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TO:HONORABLE CITY COUNCIL
FROM:CITY MANAGER DEPARTMENT: PUBLIC WORKS
AGENDA DATE: MAY 19, 1997 CMR:245:97
SUBJECT:APPROVAL OF AN AGREEMENT WITH STOECKER AND
NORTHWAY ARCHITECTS FOR CONSULTANT SERVICES TO
PROVIDE TIiE FINAL DESIGN FOR THE RELOCATION OF
THE INDUSTRIAL WASTE LABORATORY FOR ~
REGIONAL WATER QUALITY CONTROL PLANT
This report requests approval of an agreement with Stoecker and Northway Architects in the
amount of $103,200 for consultant services to provide the final design for the relocation of
the Industrial Waste Laboratory for the Regional Water Quality Control Plant (RWQCP).
RECOMMENDATIONS
Staff recommends that Council:
Approve and authorize the Mayor to execute the attached agreement with Stoecker and
Northway Architects in the amount of $103,200 for consultant services to provide the
f’mal design for the relocation of the Industrial Waste Laboratory for the RWQCP.
Authorize the City Manager or her designee to negotiate and execute one or more
amendments for related, additional but unforeseen work which may develop during the
project, the total value of which shall not exceed $10,000. This contingency amount
will be needed if full architectural review of the project is required.
POLICY IMPLICATIONS
This approval of this agreement is consistent with existing policies.
EXECUTIVE SUMMARY
This project will design a space to house the Industrial Waste Laboratory. Currently, the
Industrial Waste Laboratory and the Plant Toxicity Laboratory are both in the same room at
the Pumping PIant Building. Additional equipment needs to be installed in the Toxicity
Laboratory in order to conduct newly required tests. The Industrial Waste Laboratory,
therefore, needs to be relocated to expand the Toxicity Laboratory. Other project goals are:
CMR:245:97 Page 1 of 3
1) to. bring the Industrial Waste Laboratory into compliance with safety requirements, 2)
to relieve the overcrowding in the Environmental Compliance Division (ECD) office
space, and 3) to provide a storage space for the ECD, and a conference room for the Plant.
A request for proposals. (RFP)was issued in 1995 for consultant services to evaluate
alternative sites, perform f’mal design, and provide construction management of the lab
relocation project. Since the scope of~ the f’mal design could vary significantly depending
on the site selection, the RFP stipulated that only the alternative site Study would be
awarded in the initial agreement. The City returned the option of awarding a contract to
that same alternative alternate site study consultant for the final design and construction
management services, or to issue another RFP to contract with other consultants. Stoecker
and Northway Architects had the lowest fee among the three qualified consultants
interviewed by the selection committee, and was awarded the contract for the-alternative
site study by Council.
The alternative site study was completed in 1996. The selected site is an extension of the
existing Industrial Waste office into an adjacent abandoned structure. The extension would
require renovation of the adjacent structure from an open architecture to an enclosed space.
Stoecker and Northway Architects has performed well on the alternative site study and
proposed to perform the f’mal design and some construction assistance for a fee of
$103,200. Stoecker and Northway Architects is already knowledgeable of the project
requirements, and familiar with the site. Their familiarity with the site would minimize
disruptions to the ECD office routines. Stoecker and Northway Architects’ proposal is
very reasonable compared to other projects of similar nature and size. Staff recommends
that the contract for the final design and construction assistance be awarded to Stoecker
and Northway Architects.
Funds for the design of the Industrial Waste Laboratory Relocation Project have been
appropriated in the FY 1996-97 CIP #9454. This design project will lead to a future
construction project. It is anticipated that the construction will cost approximately
$550,000. Funding for the construction is included in FY 1996-97 CIP project #9454 and
FY 1997-98 CIP #8865.
E AL A E ME
This project does not constitute a project under CEQA.
CONFLICT OF INTEREST
Staff, with the concurrence of the 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
is limited in scope or is primarily ministerial in nature.
CMR:245:97 Page 2 of 3
ATTACHMENT
Agreement with Stoecker and Northway Architects
PREPARED BY:Bill Miks, Manager RWQCP
DEPARTMENT HEAD REVIEW:
GLENN S. ROBERTS "
Director of Public Works
CITY MANAGER APPROVAL:
Assistant City Manager
CMR:245:97 Page 3 of 3
CONTRACT NO.
BETWEEN THE CITY OF PALO ALTO AND
STOECKERAND NORTHWAYARCHITECTS, INC.
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
STOECKER AND NORTHWAY ARCHITECTS, INC., a California corporation,
located at 437 Lytton Avenue, Palo Park, CA 94301 ("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 ere,
collectively, the "Project"), as more fully described in Exhibit
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 on 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
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 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. CONSULTANT
will perform its services with due and reasonable diligence
consistent with sound professional practices.
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.
970428 syn 0071157
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 the 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, wil~ be
corrected by CONSULTANT at no cost to CITY, provided CITY gives
notice to CONSULTANT.
SECTION 3. QUALIFICATIONS, STATUS, AND DUTIES OF
CONSULTANT
3.1 CONSULTANT represents thatit has the expertise and
professional qualifications to furnish orcause to be furnished the
Services and Deliverables. CONSULTANT further represents thatthe
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 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 CLARE MALONE as the project
director to have supervisory responsibility for the performance,
progress, and execution of the Project. CLARE MALONE 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.
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3.4 CONSULTANT represents that it will:
3.4.1 Arrange for the procurement of all permits and
licenses, and give all notices which may be necessary and incident
to the due and lawful prosecution of the Project;
3.4.2 Keep itself informed of existing 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 put forth reasonable professional
efforts 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
be come the property of CITY.
3.6 CONSULTANT will~ provide CITY with reproducible
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
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
CONSULTANTs 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:
3970428 sya 0071157
3.10ol 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
CONSULTANT and its staff beyond those normally required under the
Basic Services;
3o10.3 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 under task F of Phase III of Exhibit "A" to this Contract.
3.11 CONSULTANT will be responsible for employing all
sub-consultants deemed necessary 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. CONSULTANT
will not employ soils or civil engineers. ~
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
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. Daisy Stark 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 Greg MeAmber, the Project Engineer.
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.
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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
Bas±c Services of Phase II, including any authorized reimbursable
expenses, CITY will pay CONSULTANT a fee not to exceed sixty-seven
thousand two hundred dollars ($67,200). 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 fhll performance of the
Basic Services~of Phase III, including any authorized reimbursable
expenses, CITY will pay CONSULTANT a fee not to exceed twenty-one
thousand dollars ($21,000). 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 maximumamount
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 reserve the right to refuse payment of
such fees, if such prior approval is not obtained by CONSULTANT.
5.1.3 In consideration of the full performance of
Additional Services, the amount of compensation set forth in
Exhibit "B" will not exceed~fifteen thousand dollars ($15,000). 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 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.
5.1.4 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
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.
5.1.5 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,
5
970428 syn 0071157
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.
5.1.6 Direct Expenses are those costs incurred on or
directly for the project including, but not limited to, reasonable
and necessary transportation cost, including current rates for
CONSULTANT’s vehicles, meals and lodging; laboratory tests and
analysis; .computer services; word processing services, telephone,
printing, ~reproduction charges; all reasonable and necessary costs
associated with outside consultants, subconsultants and other
outside services and facilities; and other similar costs.
Reimbursement for Direct Expenses will be on the basis of actual
charges when furnished by commercial sources and other basis of
current rates when furnished by CONSULTANT. A service charge for
ten percent (10%) will be added to Direct Expenses. -~
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 reproducible copies of the Deliverables prepared
by or under the direction of CONSULTANT in the performance of this
6970428 syn 0071157
Contract will be delivered to CITY irrespective of whether the
Project is completed upon CITY’s payment of the amounts required to
be paid to CONSULTANT. CONSULTANT disclaims any responsibility 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’ 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 of 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 CITYwill operate as a waiver on the part of CITY of
any of its rights under this Contract.
SECTION 9.INSURANC~
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 CONSULTANTand 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 ~his Contract.
9.2 All insurance coverage required hereunder will be
provided through carriers with Best’s Key Rating 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.
7970428 syn 0071157
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
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 negligently 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, 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 0R
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 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.
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 withh61ds or withdraws its request for the initiation
or continuation of Basic Services or the execution of the Project.
11.3 Upon 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
8970428 syn 0071157
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 obe
subject to renegotiation and, if necessary, approval of CITY’s City
Council.
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.
11o5 Upon such suspension or termination, CONSULTANT
will deliver to the city manager immediately copies of the
completed Deliverables prepared by CONSULTANT or its consultants,
if any, or given to CONSULTANT or its consultants, if any, in
connection with this Contract.
11o6 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
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 lawo
9970428 syn 0071157
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
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 of California.
SECTION 15. NONDISCRIMINATION
15.1 As set forth in the Palo Alt0 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:
"[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
970428 syn 0071157
:I.0
Guidei±nes 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 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 contra’ct, or both.
SECTION 16. MISCELLANEOUS PROVISIONS
16.1 CONSULTANT represents that it has knowledge of the
requirements of~the federal Americans with Disabilities Act of "1990
("ADA"), 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 use its reasonable professional
efforts to interpret applicable ADA requirements and other local
laws, rules, codes, ordinances and regulations as they may apply to
the Project. CONSULTANT cannot and does not warrant or guarantee
that the Project will comply with interpretations of ADA
requirements and/or requirements of other federal, state and local
laws, rules, codes, ordinances, and regulations as they apply to
¯ the Project.
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.
Ii970428 syn 0071157
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. ’
12970428 syn 0071157
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
Deputy City Manager,
Administrative Services
STOECKER AND NORTHWAY
Taxpayer’s I.D. No. 94-2524542
Architect License: C-7093
Risk Manager
Attachments:EXHIBIT "A" :
EXHIBIT "B" :
EXHIBIT "C" :
EXHIBIT "D" :
SCOPE OF PROJECT &TIME SCHEDULE
RATE SCHEDULE
INSURANCE
NONDISCRIMINATION COMPLIANCE FORM
13970428 syn 0071157
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code ~ 1189)
CaliforniaSTATE OF )
Santa Clara ) ss.
COUNTY OF )
On 5/14/, 1997, before me, Tana Sheppard ,
a Notary Public in and for said County and State, personally
appeared John Co Northway , personally known to me
or proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and off
:ary Public
~~ ~ANT GA LARA GOUNI"Y %,/
14
AFFIRMATIVE ACTION GUIDEUNES SECTION 00820
COMPLIANCE REPORT
Non-Di~;rimin~1;Jon Provision~ of Palo. Alto ¢ontract~
IMPORTANT
This report must be completed by prime
contractor and each subcontractor.
Complete all items unless otherwise
instructed. Use extra sheets if
necessary. SUBMIT ORIGINAL OF THIS
REPORT DIRECTLY TO: .
Project Environmental O3mpliance
!.ab .Relocation
Name of Firm Stoecke~
.Architects, Inc.
Telephone 1,415) 327-7070
Manager of Purchasing
Civic Center
250 Hamilton Avenue
Palo Alto, CA 94301
Name of person preparing form,
person to contact.
Jol~ C. No~.hway __Ext.#
Circle One:
Part I Complete the Following:
Subcontractor.
Description:
1. Full name and address of
firm or other reporting unit
covered by this report.
2. Name and address of
principal official or manager~
3. Name and address of
principal office of company.
4. Name and address of parent
company if affiliated
corporation.
5. Name and address of prime
contractor (complete only if
this is a subcontractor’s report.
6. Signature and title of
authorized representative,
Type or Write in Here:
Stoecker and Northway Architects,
437 Lytton Avenue
Palo Alto~ CA 94301
John C. Northway
(address as in i. above)
N/A
BY:
DATE: 5/12/97
PURCHASING ADMINISTRATION: Affirmative Action SECTION 00820-4
AFFIRMATIVE ACTION GUIDELINES
Part il=Policy Information
¯ SECTION 00820
Attach a statement of your company’s policy on equal employment opportunity
to all persons without regard to r’ace, creed, color, national origin, or ancestry,
and describe what steps have been taken to put this policy into effect.
Part ill=Circle the Proper Answer.
Have you informed company offcials and representatives regarding the non-
discrimination provisions of City of Pal. Alto Contracts?
Have you examined your company’s practices regarding assignments, layoffs
or transfers of your employees from one job to another for evidence of a
practice or employment pattern that might appear to be discriminatory and
basecl upon sex, race, color, ancestry, religion, national origin or disability?
Are they non-discrlminatory7 ,
Do you have educational or training prog.rams sponsored or financed f6r the
benefit of employees or prospective employees. "~
a. 5 How many people participate in these programs?
b.4 How many are minorities?
4. Yes No
N/A
5. Yes(~
Does your employment advertising state you are an equal opportunity
employer? Ne do .not advertise for employees.
Are any apprentices obtained from sources outside the employer’s work foPce?’
If yes, have you circulated information about apprenticeship openings or
opportunities to the following.
Yes No State Employment Offices
Yes No Newspapers or other media
Yes No
Yes No
High Schools, including those in minority group areas.
Local trade or vocational schools, including those with minority
group Students.
Yes No
Yes No
Agencies or organizations.specializing in minority employment.
Federal or’ State apprenticeship representatives.
Who?
Others
PURCHASING ADMINISTRATION: Affirmative Action . SECTION 00B20-5
AFFIRMATIVE ACTION GUIDELINES SECTION 00820
6.(~No If you are a prime contractor, have all subcontractors covered by these
compliance inspection reportsbeen instructed as to their contractual obligations
relating to non-discrimination pro.visions of City of Palo Alto Contracts?
Explain
7. Yes
N/A
No Have all recruitment sources been advised that all qualified applicants will
receive consideration for employment without regard to sex, race, color,
ancestry, religion, national origin, or disability? ~
We do not use recruitn~ent sources.Identify (names and addresses) the employment agencies, personnel
recruitment organizations, newspaper advertising or other non-union sources
from which the company recruits its personn.el.
Part IV--Union/Crafts Information N/A
1. Yes No Have you a collective bargaining agreement with a labor union
organization?
If yes, specify the Union[s) or organization(s)
or other
2. Yes No Have you advised the labor union andlor worker organization of the company’s
responsibility under the n0n-discrlmination provisions of City contracts.
3. ~%Approximately what percentage of your employees covered by union
agreements are referred by or hired through the unions?
PURCHASING ADMINISTRATION: Affirmative Action ¯SECTION 00820-6
AFFIRMATIVE ACTION GUIDEUNES SECTION 00820
Explain procedure for hiring balance. Potential ~-~plo_v~es are
evaluated based upon their qualifications oniy.
4. Yes No
N/A
¯ 5. Yes(~
Does the company’s collective bargaining agreement or other contract or
understanding with a labor union (or unions} or other worker’s organization
include a provision for non-discrimlnation in employment?
Is there any labor un~on or worker’s organization policy which prevents you
from fulfilling your obligations under the non-discrimination provisions of City
contracts7 If so, specify.L
6. Yes No . Specify the trade{s} or craft(s} involved in this contract.i
Architecture
e Use this sl~ace for comment on any answers you have supplied.
Note: In compliance with the Americans with Disabilities Act (ADA} of 1990, this document
may be provided in other accessible formats. For information, contact: Dianah Neff, ADA
Director, City of Palo Alto (415] 329:2313 (voice} or (415) 328-1199 (TDD).
PURCHASING ADMINISTRATION: Affirmative Action SECTION 00820-7
AFFIRMATIVE ACTION GUIDELINES
DATE:
RACIAL MAKEUP OF REPORTING UNIT
SECTION 00820
5/’12/9"7
Contract #(Indicate only for monthly report, No. 3)
Three types of breakdown are required. This form is used for all three. (Check ,/)
~ -1-Permanent makeup of company. I=1 -2-Estimated makeup for this project.
r-I -3-Monthly report for ¯ ~19__. Submit once ~er month for duration of project.
1 = Permanent. 2 = Estimate for project. 3 = Monthly only.
Be sure to include all employees in first column, not just minorities. Nos. 1 and 2 below are
reQuiredto be filled in and submitted with Comloliance Report. ¯
II
~Catego~ = 1 2 3 1 2 3 1 2 3 1 2 3 1 2 3
Management
Professionals
Clerical-Office
Field Supervisor
2
2 2
2 2
1 2 3
Skilled - .List:
b.
C.
Unskilled - List:
2
Total of
Above:
The data below should also be included in the cate~’ories above. This is for On Job Training:
a.White Collar
b.Production
This report must be completod by contractor and each subcontractor, The term =Spanish Surnamed" includes all persons of
Mexican, Puerto Ricen, Cuban, Latin American or Spanish origin. Report only employees enrolled in formal on.the-job training
programs.
END OF SECTION
PURCHASING ADMINISTRATION: Affirmative Action SECTION 0082Go8
~FWZPO0700321 "//0t/96 ?/01/97
CI PRO°~mFESSI ONAL
80~tLY¯ , pu~od
of Subrogation applies to Horker’s
of Pale Alto.
P~OP~RTY ~1~
~. ~m~y s 1000000
Sl,O00,00O PER
CLAIM & $2,000,000
GENERAL ENDORSEMENT
In consideration of an additional premium it is hereby understood and agreed that the following applies:
Check if applicable ~X Additional Insured
City of Palo Alto, Members of the City Council, & Elective or Appointed Officers or Employees
is/are Additional Imured/s as respects work done by Named Insured
Check if applicable _X__ Primary Coverage
With respe~ to claims arising out of the operations of the Named Imur~ such insurance as afforded by
this polioy is primary and is not additional to or ¢omributing with any other insurance carried by or for
the bmtefit of the above Additional InsureM/s.
Check if applicable _X~Waiver of Subrogation
If is understood and agreed that the Company waives the fight of subrogation against the above
Additional Insured/s; but only as respects the job or premises described in the certificate atta~.,hed
hereto.
Check if applicable ~ Cross Liability Clause
3~ae naming of more titan one person, firm or orporation as imureds under this policy shall nor, for
that reason alone, extinguish any rights of the insured against another, but this endorsement, and the
naming of multiple insureds, shall not increase the total iiab0ity of the Company under this policy.
Check if applicable~X.~Notice of Cancellation
It is understood and agreed that in the event of cancellation of the Policy for any reason other
than non-paymem of premium, 30 days written notice will be sent to the following holder by mail:
City of Palo Alto
Real Estate Department
Arm: Martha Miller
P.O. Box 10250
Palo Alto~ CA 94303
In the event the polioy is cancelled for non-payment of prcmim~ I0 days wriuen notice will be sent to
the above.
Policy No.:
Effoetivo Da~:
Insurance Company:
Issued to:
Authorized P~presentative:
Issue Date:
CAP608707403
MARCH 19, 1997 - MARCH 19, 1998
NEW HAMPSHIRE INSURANCE COMPANY
STOECKER AND NORTHWAY ARCHITECTS
DEALEY, RENTON AND ASSOCIATES
MAY !3 1997