HomeMy WebLinkAbout1997-10-20 City Council (28)City of Palo Alto
City Manager’s Report
TO:
FROM:
HONORABLE CITY COUNCIL
CITY MANAGER ¯ DEPARTMENT: Planning and
Community Environment
7
DATE:October 20, 1997 CMR:420:97
SUBJECT:CONTRACT WITH ROYSTON, HANAMOTO, ALLEY AND
ABEY FOR DESIGN CONSULTING SERVICES FOR A
PERIOD OF SIX MONTHS FROM JUNE 30, 1997 TO
DECEMBER 31, 1997, AND REQUEST TO CONTINUE
CONTRACTING FOR DESIGN CONSULTING SERVICES
BEYOND THREE-YEAR MAXIMUM
RECOMMENDATION
Staff recommends that Council approve, and authorize the Mayor to execute, the attached
contract for design consulting services with Royston, Hanamoto, Alley and Abey to provide
services for Capital Improvement Projects (CIP) for six months from June 30, 1997, to
December 31, 1997, in an amount not to exceed $20,000.
POLICY IMPLICATIONS
The Royston, Hanamoto, Alley & Abey six-month contract would result in an award of a
contract for more than three years, which is not consistent with the Palo Alto Municipal
Code Section 2.30.120 which states that a contract may not exceed three years. This request
is not precedent to amending current policy.
Approving design consulting services would continue a policy established by the Council in
October 1994 to provide consulting design expertise for the Capital Improvement Program.
No new policy implications are created by this approval.
EXECUTIVE SUMMARY
In October 1994, the City Council approved the initial contract with Royston, Hanamoto,
Alley and Abey for design consulting services related to the CIP. Since that time, Council
has renewed the contract annually, based on staff satisfaction with the consultant. Prior to
the start of fiscal year 1997-98, staff failed to give the extension to Council. In addition,
CMR:420:97 Page 1 of 3
because of Policy Section 2.30.120, the contract could only be extended to October 4, 1997,
because of the three-year limit on contracts.
During the past three years, the City has benefitted from the expertise of the consulting firm
in preparing the Capital Improvement Program and related public improvement projects. The
services of Royston, Hanamoto, Alley and Abey were procured through a competitive
Request For Proposal (RFP) and interview process. The initial contract was negotiated for
one year and has been extended two times. Due to staff error, the contract was not extended
from July 1, 1997, to October 4, 1997, which would have been the end of the allowed three-
year cycle after which a new consultant request for proposal process is required. Because
the contract expired on June 30, 1997, a new contract is now required.
Staff is preparing the RFPs and expects to interview prospective consultants in mid-October
1997 and complete contract negotiations in November 1997. In order to transition smoothly,
staff is requesting that the contract with Royston, Hanamoto, Alley & Abey be retroactive
to July 1, 1997, and extend to December 31, 1997. Since the discovery of the failure to
extend the contract the CIP design consultant has not been performing any tasks; however,
prior to that discovery, the consultant had been providing services past the June 30, 1997,
contract expiration. Staff is requesting that the contract be retroactive to July 1, 1997, in
order to pay for those services.
Since discovery of the failure to extend the contract, planning staff has implemented a
tracking log of the various contracts with dates of expiration. Unfortunately, the error
occurred during the period when planning staff was short-handed and the position
responsible for the budget had not been filled. That position has now been filled and all
contracts are being reviewed for compliance.
FISCAL IMPACT
$40,000 was approved in the 97/98 budget for CIP design consultant services. The six-
month contract with Royston, Hanamoto, Alley and Abey will be for half of that amount, or
$20,000. The remaining $20,000 will be utilized for the selected CIP design consultant in
the second half of fiscal 97/98.
ENVIRONMENTAL IMPACT
These services do not constitute a project for the purposes of the California Environmental
Quality Act (CEQA) Guidelines.
ATTACHMENTS
Contract
PREPARED BY: Therese M. Schmidt, Associate Planner
CMR:420:97 Page 2 of 3
DEPARTMENT HEAD REVIEW:
CITY MANAGER APPROVAL:
KENNETH R. SCHREIBER
Director of Planning and
~
ommunity En~ent
Sty Manager ~
CC:Royston, Hanamoto, Alley & Abey
CMR:420:97 Page 3 of 3
AGREEMENT
BETWEEN THE CITY OF PALO ALTO
AND ROYSTON, HANAMOTO, ALLEY & ABEY
FOR DESIGN CONSULTANT SERVICES FOR THE
CITY’S CAPITAL IMPROVEMENT PROJECTS
THIS AGREEMENT is made and entered into this day of
, 1997, by and between the CITY OF PALO ALTO,
a municipal corporation of California, hereinafter referred to as
"CITY," and ROYSTON, HANAMOTO, ALLEY & ABEY (Taxpayer Identifica-
tion Number 94-1649892), a California corporation, with offices at
225 Miller Avenue, Mill Valley, CA 94942, hereinafter referred to
as "CONSULTANT";
W I T N E S S E T H:
WHEREAS, CITY desires certain professional consultant
services, hereinafter described; and
WHEREAS, CITY desires to engage CONSULTANT to provide
these services by reason of its qualifications and experience for
performing such services, and CONSULTANT has offered to provide the
required services on the terms and in the manner set forth herein;
NOW, THEREFORE, in consideration of their mutual
covenants, the parties hereto agree as follows:
SECTION 1 - DEFINITIONS
i.i CITY
The term "CITY" shall mean the City of Palo Alto,
California.
1.2 CITY MANAGER
The term "City Manager" shall mean the duly appointed
City Manager of the City of Palo Alto, California, or his or her
designated representative.
1.3 CITY CLERK
The term "City Clerk" shall mean the duly appointed City
Clerk of the City of Palo Alto, California, or his or her
designated representative.
1.4 RISK MANAGER
The term "Risk Manager" shall mean the duly appointed
Risk Manager of the City of Palo Alto, California, or his or her
designated r6presentative.
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1,5 PROJECT
The term "Project" means the various tasks as outlined in
Exhibit A, Scope of Services.
SECTION 2 - PROJECT COORDINATION
2.1 CITY
The City Manager shall be the representative of CITY for
all purposes under this Agreement. JAMES GILLILAND is designated
as the Project Manager for the City Manager, and he shall superv&se
the progress and execution of this Agreement, and shall be assisted
by ERIC RIEL, the Chief Planning Official.
2.2 CONSULTANT
CONSULTANT shall assign a singleProject Director to have
overall responsibility for the progress and execution of this
Agreement for CONSULTANT. CORDELIA HILL hereby is designated as
the Project Director for CONSULTANT. Should circumstances or
conditions subsequent to the execution of this Agreement require a
substitute Project Director for any reason, the Project Director
designee shall be subject to the prior written approval of the
Project Manager.
SECTION 3 - DUTIES OF CONSULTANT
3.1 BASIC SERVICES TO BE FURNISHED
CONSULTANT shall perform each task and provide all
-specified services as set forth in Exhibit A, and as otherwise
directed by the City[s Project Manager.
3.1.1 CONSULTANT shall furnish CITY with every
reasonable opportunity for CITY to ascertain that the services of
CONSULTANT are being performed in accordance with the requirements
and intentions of this Agreement.
3.2 ADDITIONAL SERVICES
CONSULTANT shall perform or obtain any and all of the
following Additional Services, not included under the Basic
Services, if so authorized in writing by CITY, and shall be paid as
provided in Section 4 of this Agreement.
3.2.1 Performing any other services that may be
agreed upon by the parties.subsequent to the execution of this
Agreement.
3.2.2 Performing such other additional services
as set forth in Exhibit A.
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3.3 LAWS TO BE OBSERVED
CONSULTANT shall:
3.3.1 Keep itself fully informed of all existing
’ and future federal, state, and local laws, ordinances, regulations,
orders, and decrees which may affect those engaged or employed
under this Agreement, any materials used in CONSULTANT’s
performance under this Agreement, or the performance of the
services under this Agreement;
3.3.2 At all times observe and comply with, and
cause all of its subconsultants and employees, if any, to observe
and comply with, the laws, ordinances, regulations, orders and
decrees mentioned above; and
3.3.3 Immediately report 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 any plans, drawings, specifications or provisions of
this Agreement°
3.4 RELEASE OF REPORTS AND INFORMATION
Any reports, information, data or other material given
to, or prepared or assembled by, CONSULTANT or its subconsultants,
if any, under this Agreement shall be the property of CITY and
shall not be made available to any individual or organization by
CONSULTANT or its. su5consultants, if any, without the prior written
approval of the City Manager.
3.5 QUALIFICATIONS OF CONSULTANT
CONSULTANT represents that it has the expertise and
professional qualifications to furnish the services described under
this Agreement. As evidence thereof, CONSULTANT warrants that one
or more members of employees of the firm are licensed by the State
of California, as required, and that the services to be provided
under this Agreement will be performed by them or under their
supervision. CONSULTANT may retain the services of a subconsultant
in matters of civil engineering, upon the approval of the City’s
Project Manager.
3.6 COMPLIANCE WITH ADA
CONSULTANT states that it is aware 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 shall comply with or ensure by its
advice that compliance with such provisions will be effected
pursuant to 6he terms of this Agreement.
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SECTION 4 COMPENSATION
4.1 CONSULTANT’S FEES
4.1.1 Maximum Compensation. In consideration
for the full performance of the Basic Services described in Section
3.1 of this Agreement, CITY agrees to pay CONSULTANT a fee not to
exceed Thirty Thousand Three Hundred Ninety-Four Dollars and Forty-
Three Cents ($30,394~43).
4.1.2 Rate Schedule. The amount of CONSULTANT’s
compensation shall be calculated as set forth .in Exhibit "B"
entitled "Charges for Services," attached hereto and made a part
hereof by this reference,’ on a time and materials basis, up to the
maximum amount set forth in paragraph 4.1.1.
4.1.3 Subconsultants. Fees for subconsultants,
hired directly by CONSULTANT, shall be approved by CITY in advance
of CONSULTANT’s incurring of such fees°
4.1.4 For Additional Services. For CONSULTANT’s
Additional Services, as may be described in Section 3.2 of this
Agreement, compensation shall be as prescribed in accordance with
CONSULTANT’s hourly rates set forth in Exhibit B, plus any other
expenses to be agreed upon, in writing, before the performance of
such services.
4.1.5 For Extra Work or Changes. Payment for
extra work or changes in the work not caused or initiated by
CONSULTANT and authorized in writing by the Project Manager shall
be made within thirty (30) days of submission by CONSULTANT of a-
statement of itemized costs, in triplicate, covering such work.
Prior to commencing such extra work or changes, CONSULTANT and CITY
shall agree upon an estimated not-to-exceed cost for such extra
work. In no event shall CONSULTANT be paid for work which is made
necessary as a result of CONSULTANT’s errors or oversights.
4.2 PAYMENT SCHEDULE
4.2.1 For Basic Services. Payments for the
Basic Services shall be made based on the actual work accomplished
towards the tasks outlined in Exhibit A.
4.2.2 For Additional Services. Payments for
Additional Services of CONSULTANT as defined in Section 3.2 shall
be made as part of the monthly payments for services rendered.
4~2.3 Deductions. No deductions sha!l be made
from CONSULTANT’s compensation on account of penalty, liquidated
damages, or other sums withheld from payments to subcontractors or
subconsultants.
4.2.4 Payment Upon Suspension or Abandonment of
Projects. If the Project is suspended for more than three (3)
months or abandoned, in whole or in part, CONSULTANT shall be paid
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notice from .CITY of such suspension or abandonment, together with
any applicable additional and reimbursable expenses then due. If
the Project is resumed after being suspended for more than ninety
(90) days, any change in CONSULTANT’s compensation shall be subject
to renegotiation and, if necessary, approval by the City Manager.
If this Agreement is suspended or terminated for fault of CONSUL-
TANT, CITY shall be obligated to compensate CONSULTANT only for
that portion of CONSULTANT’s services which are of benefit to CITY,
as such determination may be made by the City Manager in the
reasonable exercise of her discretion°
4.3 INVOICING AND VERIFICATION OF COSTS
4.3.1 CONSULTANT shall submit invoices, in
triplicatep on a monthly basis within ten (I0) days after the first
day of each month following the month in which services were
rendered. Such costs shall be identified according to the Scope of
Services tasks in sufficient detail as to provide verification of
the sums invoiced. Invoices shall include all applicable
supporting documentation and shall group charges by task, payroll
costs billed, and other expenses.
4.3.2 CONSULTANT shall maintain books and
records supporting all reimbursable costs incurred in connection
with the services rendered hereunder° CITY shall be g[anted access
by CONSULTANT to such CONSULTANT’s books and records as are
required to be kept hereunder during the regular business hours of
CONSULTANT.
4.3.3 Invoices with all supporting documentation
as required hereunder shall be submitted to the Project Manager,
CIP Design Coordination, Department of Planning and Community
Environment, City of. Palo Alto, P. O. Box 10250, Palo Alto, CA
94303.
SECTION 5 DUTIES OF CITY
CITY shall provide full information regarding its
requirements for services to be rendered, shall examine documents
submitted by CONSULTANT and shall render decisions pertaining
thereto promptly, to avoid unreasonable delay in the progress of
CONSULTANT’s work, and CITY shall furnish all such information as
are in CITY’s files or are at its disposal, as may be set forth in
Exhibit A.
SECTION 6 - TERM
6.1 TERM OF AGREEMENT; TIME IS OF THE ESSENCE
The term of this Agreement shall commence on July i,
1997. .This Agreement shall expire on December 31, 1997p unless
sooner terminated by a party.
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6.2 TIME OF COMPLETION OF EACH PHASE
6.1.1 CONSULTANT agrees to perform the tasks of
the Scope of Services within the time schedule set forth in Exhibit
"A" provided, however, that any change in the scope of services or
other changes due to CITY’s operating requirements, or in
connection with other contractors’ or consultants’ operations, may
require the parties’ agreement to a revised time schedule°
6ol.2 CITY agrees to use ordinary diligence in
the performance of any obligation it may expressly undertake to
assist in the implementation of CONSULTANT’s time schedule set
forth in Exhibit "A".
SECTION 6.3 -CITY’S REVIEW AND APPROVAL
Between each task and phase of work there may exist
a review and approval period by CITY. CITY shall use ordinary
diligence in the completion of these tasks, however, CONSULTANT
acknowledges that the interrelated exchange of information among
CITY’s various departments makes it impossible to set a specific
time schedule. Normally, CITY’s estimated period of review and
approval will be furnished to CONSULTANT at the time of submission
of each phase of the work.
SECTION 6.4 - EXTENSION OF TERM
In the event that it is decided by CITY that the services
called for under this Agreement are to be continued, the City
Manager shall have the option to extend the time for completion.
SECTION 7 - CHANGES IN WORK
CITY may order major changes in the scope or character of
work, and may either decrease or increase the amount of CONSULT-
ANT’s services. In the event that such changes are ordered,
CONSULTANT shall be entitled-to full compensation for all work
performed prior to receipt of .CITY’s notice of change in work.
SECTION 8 -TERMINATION OR SUSPENSION OF AGREEMENT
8.1 RIGHT TO SUSPEND OR TERMINATE
The City Manager may suspend this Agreement, in whole or
in part, or terminate this Agreement, with or without cause, by
giving fifteen (15) days’ prior written notice thereof to CONSULT-
ANT. Upon receipt of such notice, CONSULTANT shall immediately
discontinue its performance under this Agreement.
CONSULTANT may terminate this Agreement or suspend work
on the Project by giving thi[ty (30) days’ prior written notice
thereof to CITY, but only in the event of substantial failure of
performance ~y CITY or in the event CITY abandons or indefinitely
postpones the Project.
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8 o 2 PAYMENT
Upon such suspension or termination by CITY, CONSULTANT
shall be paid for all services actually rendered to CITY to the
date of such suspension or termination; provided, however, if this
’ Agreement is suspended or terminated for fault of CONSULTANT, CITY
shall be obligated to compensate CONSULTANT only for that portion
of CONSULTANT’s services which are of benefit to CITY, as such
determination may be made by the City Manager in the reasonable
exercise of her discretion.
8.3 RETURN OF MATERIALS
Upon such suspension or termination, CONSULTANT shall
turn over to the City Manager immediately any and all copies of
studies, reports, sketches, drawings, photographs, maps,
computations, and other data, whether or not completed, prepared by
CONSULTANT or its subconsultants, if any, or given to CONSULTANT or
its subconsultants, if any, in connection with this Agreement.
Such materials shall become the permanent property of CITY.
SECTION 9 -INDEPENDENT JUDGMENT
Failure of CITY to agree with CONSULTANT’s independent
findings, conclusions, or recommendations, if the same are called
for under this Agreement, on the basis of differences in m~tters of
judgment, shall not be construed as failure on the part of
CONSULTANT to meet the requirements of this Agreement.
SECTION i0 -ASSIGNMENT; PERSONAL SERVICE~;
SUBCONSULTANTS AND EMPLOYEES
i0.I ASSIGNMENT
Both parties shall give their personal attention to the
faithful performance of this Agreement and shall not assign,
transfer, convey, or otherwise dispose of this Agreement or any
right, title or interest in or to the same or any part thereof
without the prior written consent of the other party, and then only
subject to such terms and conditions as .the other party may
require. A consent tO one assignment shall not be deemed to be a
consent to any subsequent assignments. Any assignment without such
approval shall be void and, at the option of the other party, shall
terminate this Agreement and any license or privilege granted
herein. This Agreement and any interest herein shall not be
assignable by operation of law without the prior written consent of
the other party.
10.2 PERSONAL SERVICES
It is agreed that this Agreement is for the personal
services of CONSULTANT and cannot be performed by any other person
or organizatibn.
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10.3 SUBCONSULTANTS; EMPLOYEES
CONSULTANT shall be responsible for employing or engaging
all persons necessary to perform the services of CONSULTANT
hereunder. No subconsultant of CONSULTANT will be recognized by
CITY as such; rather, all subconsultants are deemed to be employees
of CONSULTANT, and it agrees to be responsible for their
performance. CONSULTANT shall give its personal attention to the
fulfillment of the provisions of this Agreement by all of its
employees and subconsultants, if any, and shall keep the work under
its control. If any employee or subconsultant of CONSULTANT fails
or refuses to carry out the provisions of this Agreement or appears
to be incompetent or to act in a disorderly or improper manner, the
employee or subconsultant shall be discharged immediately from the
work under this Agreement on demand of the Project Manager.
SECTION ii -NOTICES
All notices hereunder shall be given in writing and
mailed, postage prepaid, by certified mail, addressed as follows:
To CITY:Office of the City Clerk
Post Office Box 10250
Palo Alto, CA 94303
Copy to:James Gilliland, Project Manager
Planning & Community Environment Dept.
P. 0. Box 10250
Palo Alto, CA 94303
To CONSULTANT: Royston, Hanamoto, Alley & Abey
Attention of the Project Director
at the address of CONSULTANT recited above
SECTION 12 -INTEREST OF CONSULTANT
In accepting this Agreement, CONSULTANT covenants that it
presently has no’ interest, and shall not acquire any interest,
direct or indirect, financial or otherwise, which would conflict in
any manner or degree with the performance of the services
hereunder. CONSULTANT further covenants that, in the performance
of this Agreement, no subconsultant or person having such an
interest shall be employed. CONSULTANT certifies that no one who
has or will have any financial interest under this Agreement is an
officer or employee of CITY. It is expressly agreed that in. the
performance of the professional services required under this
Agreement, CONSULTANT, and any of its subconsultants or employees,
shall at all times be considered independent consultants and not
agents or employees of CITY.
SECTION 13 -INDEMNITY
CONSULTANT agrees to protect, indemnify, and hold
harmless CITY, its Council members, officers, agents and employees
from any and all demands, claims, or liability of any nature,
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including death or injury to any person, property damage or any
other loss, caused by or arising out of CONSULTANT’s, its
officers’, agents’, subconsultants’ or employees’ negligent acts,
errors, or omissions, or willful misconduct, or conduct for which
the law may impose strict liability on CONSULTANT in the
’ performance of or failure to perform its or their obligations under
this Agreement.
SECTION 14 WORKERS~ COMPENSATION
CONSULTANT, by executing this Agreement, certifies that
it is aware of the provisions of the Labor Code of the State of
California which require every employer to be insured against
liability for workers’ compensation or to undertake self-insurance
in accordance with the provisions of that Code, and certifies that
it will comply with such provisions before commencing the
performance of the work of this Agreement.
SECTION 15 -INSURANCE
15.1 INSURANCE COVERAGE
CONSULTANT, at its sole cost and expense, shall obtain
and maintain, in full force and effect throughout the entire term
of this Agreement, the insurance coverage described in Exhibit "C",
attached hereto and made a part hereof by this reference, insuring
not only CONSULTANT and its subconsultants, if any, but also, with
the exception ’of workers~ compensation, employer’s liability, and
professional liability insurance, naming as additional insureds
CITY, its Council members, officers, agents and employees, and each
of them, concerning this Agreement and the Project.
All insurance coverage required hereunder shall be
provided through carriers with an A. M. Best & Company rating of
A:X or higher that are admitted to do business in the State of
California. Any and all subconsultants of CONSULTANT under this
Agreement shall obtain and maintain, in full force and effect
throughout the term of. this Agreement, identical insurance
coverage, with CITY named as additional insured under such policies
as required above.
15.2 EVIDENCE OF COVERAGE
Certificates of such insurance, preferably on the forms
provided by CITY, shall be filed with CITY concurrently with the
execution of this Agreement. The certificates shall be subject to
the approval of the Risk Manager and shall contain an endorsement
stating that the insurance is primary coverage and will not be
cancelled or altered by the insurer except after filing with the
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 shall be kept. on
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file at all times during the term of this Agreement with the City
Clerk.
15.3 NO LIMIT OF LIABILITY
The procuring of such required policy or policies of
insurance shall not be construed to limit CONSULTANT’s liability
hereunder nor to fulfill the indemnification provision and
requirements of this Agreement under Section 13 hereof.
Notwithstanding said policy or policies of insurance, CONSULTANT
shall be obligated for the full and total amount of any damage,
injury, or loss caused by the services performed under this
Agreement, including after the Agreement has terminated or expired.
SECTION 16 AUDITS
CONSULTANT agrees ~o permit CITY to audit, at any
reasonable time during the term of this Agreement and for three (3)
years thereafter, CONSULTANT’s records pertaining to matters
covered by this Agreement. CONSULTANT further agrees to maintain
such records for at least three (3) years after the term of this
Agreement.
SECTION 17 AGREEMENT BINDING
The terms, covenants, and conditions of this Agreement
shall apply to, and shall bind, the heirs, successors, 9xecutors,
administrators, assigns, and subconsultants of both parties.
SECTION 18 - WAIVERS
The waiver by either party of any breach or violation of
any term, covenant, or condition of this Agreement, or of any
provisions of any ordinance or law, shall not be deemed to be a
waiver of any other term, covenant, condition, ordinance, or law or
of any subsequent breach or violation of the same or of any other
term, covenant, condition, ordinance, or law. The subsequent
acceptance by either party of any fee or other money which may
become due hereunder shall not be deemed to be a waiver of any
preceding breach or violation by the other party of any term,
covenant, or condition of this Agreement or of any applicable law
or ordinance.
SECTION 19 - COSTS AND ATTORNEYS’ FEES
The prevailing party in any action brought to enforce the
terms of this Agreement or arising out of this Agreement may
recover its reasonable costs and attorneys’ fees expended in
connectionwith such an action from the other party.
SECTION 20 NO IMPLIED WAIVER
No -payment,partial payment, acceptance, or partial
acceptance by CITY shall operate as a waiver on the part of CITY of
any of its rights under this Agreement.
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SECTION 21 -NONDISCRIMINATION; PENALTY
21.1 DUTY OF CONSULTANT
No discrimination shall be made in the employment of
’ persons under this Agreement because of the age, race, color,
national origin, ancestry, religion, disability, sexual preference
or sex of such person. If the value of this Agreement is, or may
be, Five Thousand Dollars ($5,000) or more, CONSULTANT agrees to
meet all requirements of the Palo Alto Municipal Code pertaining to
nondiscrimination in employment, including completing the
"Compliance Report--Nondiscrimination Provisions of City of Palo
Alto Contracts" on the form furnished by CITY, attached hereto as
Exhibit "D" and made a part hereof by this reference.
CONSULTANT agrees that each agreement for services from
independent providers shall contain a provision substantially as
follows:
"Provider shall provide CONSULTANT with a
certificate stating that he (or she) is
currently in compliance with all Federal and
State of California laws covering
nondiscrimination in employment; that he (or
she) will pursue an affirmative course of
action as required by the Affirmative Action
Guidelines of the City of Palo Alto; and that
he (or she) will not discriminate in the
employment of any person under this contract
because of the age, race, color, national
origin, ancestry, religion, disability~ sexual
preference or sex of such person."
21.2 PENALTY FOR DISCRIMINATION
If CONSULTANT is found in violation of the
nondiscrimination provisions of the State of California Fair
Employment Practices Act or similar provisions of federal law or
executive order in the performance of this Agreement, it shall
thereby be found in material breach of this Agreement. Thereupon,
CITY shall have the power to cancel or suspend this Agreement, in
whole or in part, or to deduct from the amount payable to
CONSULTANT the sum of Twenty-Five Dollars ($25) for each person for
each calendar day during which such person was discriminated
against, as damages for breach of contract, or both. Only a
finding of the State of California Fair Employment Practices
Commission or the equivalent federal agency or officer shall
constitute evidence of a violation of contract under this section.
If CONSULTANT is found in violation of the
nondiscrimination provisions of this Agreement or the applicable
affirmative action guidelines pertaining to this Agreement,
CONSULTANT shall be found in material breach of this Agreement.
Thereupon, CITY shall have the power to cancel or suspend this
Agreement, in whole or in part, or to deduct from the amount
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payable to CONSULTANT the sum of Two Hundred Fifty Dollars ($250)
for each calendar day during which CONSULTANT is found to have been
in such noncompliance as damages for breach of contract, or both.
SECTION 22 -AGREEMENT CONTAINS ALL UNDERSTANDINGS;
AMENDMENT
This document represents the entire and integrated
agreement between CITY and CONSULTANT and supersedes all prior
negotiations, representations~ and agreements, either written or
oral. This document may be amended only by written instrument,
signed by both CITY and CONSULTANT°
SECTION 23 -GOVERNING LAW
This Agreement shall begoverned by the laws of the State
of California.
IN WITNESS WHEREOF, theparties hereto have executed this
Agreement the day and year firstabove written.
ATTEST:CITY OF PALO ALTO
City Clerk
APPROVED AS TO FORM:
Mayor
Senior Asst. City Attorney
APPROVED:
Assistant City Manager
Acting Director of
Administrative Services
ROYSTON, HANAMOTO, ALLEY & ABEY
Insurance Review
APPROVED AS TO CONTENT:
Director of Planning and
Community Environment
Attachments:
EXHIBIT "A" :
EXHIBIT "B" :
EXHIBIT "C" :
EXHIBIT "D" :
SCOPE OF SERVICES AND TIME SCHEDULE
CHARGES FOR SERVICES
INSURANCE
NONDISCRIMINATION COMPLIANCE FORM
12
970929 dlc 0080594
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code § 1189)
’STATE OF
COUNTY OF
))
)
On 0~, ¢~/ l~&~ , before me, the undersigned,
a notary public in and,for, said County, personally appeared
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s) is/are
subscribed to the within instrument, and acknowledged to me that
he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s),, or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Sign ;ure of Notary Public
Comm. ;11060657
;Y PUBUC ¯ CALIFORNIA;.~
MARIN COUNTYComm. Exp. May 31 1999
13
970929 dlc 0080594
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code § 1189)
STATE OF
COUNTY OF
)))
On 0£~. ~-, I~ 7, before me, the undersigned,
a notary public in and for said County, personally appeared
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s) is/are
subscribed to the within instrument, and acknowledged to me that
he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Sig Notary Public
Comm, #1060657
NOTARY PUBLIC ¯ CALIFORNIA~,~MARIN COUNTYComm. Exp. May 31 1999
9709?.9 die 0080594
14
EXHIBIT A
SCOPE OF SERVICES AND TIME SCHEDULE
Description of services to be provided by Royston,
Hanamoto, Alley & Abey, hereinafter referred to as
"Consultant", to assist various departments of the City
of Palo Alto in incorporating aesthetic, art and urban
design elements in City Capital Improvement (CIP)
projects.
SERVICES
All.services Go be provided by Royston, Hanamoto, Alley and Abey
will be on an as-needed basis, as determined and directed by the
City’s CIP Coordination Project Manager. Services shall be
provided for the following tasks:
Task i:The Consultant will be available on an on-call basis to
the various City Departments to provide early input on
the design and artistic aspects of proposed projects,
including but not limited to the need for outside
design services, suggested budget requirements and
possible design related solutions.
Task 2:
Task 3:
Advise the Capital Improvements Program.Screening
Committee during the evaluation process of CIP
projects. This evaluation process occurs in October
and November each year. The Consultant may be required
to attend Screening Committee meetings.
Review draft consultant Request for Proposals, and
final consultant contract agreements, on City projects
to ensure that the scope of work and consultant team
make-up is adequate to address potential environmental
and design issues.
Task 4:Provide projects specific assistance on such items as
landscaping, design, enhancement, art inclusion,
budget, cost estimates, alternatives, opportunities and
time constraints.
Task 5:Assess diverse needs, coordinate and synthesize
competing interests generate creative but cost
effective solutions and facilitate conflict resolution.
Task 6:Serve as a facilitator and coordinator in furthering
the principal of inclusion of art, design, and.
aesthetics in the various projects.
Task 7:Working with the City staff, provide input and
information on an as needed basis to the Planning
Con~mission, the Architectural Review Board, the Public
Arts Commission and the Historic Resources Board on
projects developed through the CIP program.
1
Task 8:
Task 9:
Assist the Planning Department in: a) identifying
necessary changes to the Municipal Code and standard
project conditions as used by various departments; b)
working with departments on specific projects; and c)
coordinating specific projects to incrementally
implement broader urban design objectives such as those
identified in the Downtown Urban Design Guide and the
Community Design Element of the Comprehensive Plan,
currently being prepared.
At the discretion of the City (as directed by the
City’s Project Manager), may serve as a future resource
for some review of private projects that impact the
public environment°
TIME SCHEDULE
July I~ 1997 -
December 31, 1997 Continue being available on an as-needed
basis to provide services as described in the
tasks outlined above, as specifically
directed by the City’s Project Manager.
Land Planning h|ill Valley
Park PlanningAlley &~n~i~o~.,~ ~,..~~x
Abey
EXHIBIT B
I.CHARGES FOR SERVICES
Charges for Basic and Extra Services shall be based on hourly r.ates not to exceed the
following schedule:
Principals $100,00 to ~; 150.00
Associates 70.00 to 95.00
Assistants 50.00 to 75.00
Technical Staff 50.00 to 70.00
Computer Tech 40.00 to 80.00
Clerical and Office 35.00 to 60.00
Consultants At Cost Plus 10%
Charges for authori2:ed Special Design Consultation Expert Witness Services shall be
based on hourly rates not to exceed the following:
Princ.ipals $170,00 to $200.00
All of these rates are current for six months from the date of Agreement for
Professional Services, but may be increased periodically.
Expenses:
Automobiie Travel
Airfare and Car Rental
Per Diem
Blueprints and Reproductions
$.275 Per Mile
At Cost
At Cost
At Cost x 1.25
Reimbursable expenses are in addition to the Compensation for the Basic Contract
and include actual expenditures made by the Landscape Architect, his employees, or
his professional consultants in the interest of the project.
Principals:
Robert N, Royston FASLA L 348
Asa lianamoto FASLA L 262
KazuoAbcyASLA 1.1037
LoulsG. AlteyAIA LC3736Patricia A. Carlisle ASLA
HaroldN. KobayashiASLA LIII8
Barbara D, LundburgA.qLA L 1591
RobertS. SenaPh,D. ASLAAICP 1.1691
CralgB. HanchettASLA LI241
William E, Fee ASLA L 2537
ManuelaAnneKingASLA L3271
Herma Kraft ASLA APA
Douglas Nelson ^SLA L 2047
MarclaD. VallicrASLA L3293
4/94
1~-8|--19g7 IO:BSAF1 FRO~.| ROYSTON HANAbiOTO A’A z11£ 383 ]4d,s
PRODUCER
Sinclair~I~yer & Co., ~nco
231 Sansome St. 5th FI.
Sam Francisco, CA 94104
(415) 781--7830
THIS CERTIFICATE IS ISSUED AS ~ MATTER 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.
any ~ui~t, ~ ~ ~It~ of any ~r~ or ot~r ~ wi~ ~ ~ whi~ ~i~
~ ~y ~in, ~ i~ ~ff~ by ~ ~lici~ ~ri~ ~in Is~b~ ~ ~ll the t~,
A
,B
GENERAL LIABILITY
[X] Comm Oen Liab
[ ] CM IX] Occur
[ ] oce
[ ]
[ ]
CK0940~453
Elf 06/02/97 Exp 06/02/98
~ / /~ / /,
~f~ / /sxp I /
$2,000,000 General Agg
$2,000,000 ~ro/Co Ops Agg$1,000,000 Pers/Adv Inj
$~,000,000 E& Occurrence
$50,000 Fire Damage
$5,000 Medica! Exp
C
D
AUTO LIABILITY
IX]Any [ ]All Own’
[ ]Schd [X]Hired
[ X ] Non-Owned[ ] [ ]
GARAGE LIABILITY
[ ]Any Auto
[3
EXCES~ LIABILITY
[ ]Umbrella Form
[X]0ther Than Umb
WC/EMP LIABILITY
[X]Inel [ ]Excl
Prop/Part/Execs
pROFESSIONAL
LIABILIT~Z
CK09401453
Eff 06/02/97 Exp 06/02/98
~f / /~p, / /
Elf / /Exp / /
~ XLXG18887691
Eff 06/02/97 Exp 06/02/98
NWC32219402
Elf 09/01/97 Exp 09/01/98
LAN002349703Elf 10/23/96 Exp 10/23/97
$1,000,000 CSL
$B/ (person)
$B/ (accident)
$Property Dam
$$$
Auto-Each Ace
0ther-Ea Acc
-Aggregate
$2,000,000 Occurrenoe
$2,000,000 Aggregate
$0 PJ~H~’~XON
[X]WC Star LmtS [ ]Other--
$1,000,000 EL Each Ace
$1,000,000 EL Dis-Pol L~t
$I ,000,000 EL Dis~Ea Emp
$1,000,000 CLM/ANN ~
$15,000
DeScription of opergtions//ocations/vehicles/special items
4 CANCELLATION ~Should any of thelabove described policies
be cancelled before the expiration date
thereof, the issuing company will endeavor
to mall 30 days written notice to the
certifichte holder named to the left, but
failure to mall such notice shall pose no
obligation or liability of any kind upon
the company, its agents.or
1~P-81-1997 IO:B7AM FROM ROYSTON HANAh~OTO A~A 41B 383 1433
Sent by: PLANNING DEPT 4153292154;10101197 9:42A~;.~-~l’#806;Page 2/2
CERTIFICATION of NONDISCRIMINATION SECTION 410
~_on.of Nondisr..riminatig~ A~ suppliem of goods or services to the City of F’ato Alto,
the firm ~nd individuals ti~ed b~ew certifies that they do not discriminate in employment with
regards to age, race, oolor, religion, r~x0 national origin, ancestry, disability, or sexual preferen~;
that they are in cornpliance with all Federal, State and Ioc.al direClives and executive orde~
r~g~rding nondiscriminaticm in employment; and that they agree to demonstrate positively and
aggressively the princ-iple of equal opportunity in employment.
The Bidder agrees
1.0 To establish or obsente employment policies which affirmatively promot~
opportunities for minority persons at atl job levels,
TO communicate thi~ policy to all persons concerned, Ir~uding a!l employees,
out~ide recruiting seP~ices, especially those 8crying minority communitie% and to
the minority communities at large.
3.0 To take affirmative action ~tet~ to hire minority employees within the orgar~izatton.
4.0 To be knowledgeable of the !ocal, state, and federal law~ and regulations
concerning affirmative a~tion policies and provide opportunities for employees.
Firm: R~__°Fst°n Han~moto Alley &, .A_~ey Octo]~er I~ 1.997
Ti~e of Officer Signing Cordelia L. l!ill~ Principal
Signature_~~~.__~ . ~- ~
Please include any additional information available regarding equa} epportun~ty employm~nt
p~ograms now in effect within yOU{ company.
We are e minority-owned ffrm and have had an Affirmative Action program
implemented for the past 35 years.
(Please attach additional pages ff necessa~)
END OF SECTION
CITY of PALe ALTO NOn-d~scdmi.nat~n ¯ 9~.CTIO N 4113-1