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HomeMy WebLinkAbout1996-05-06 City Council (15)TO: FROM: AGENDA DATE: SUBJECT: REOUEST City of Palo Alto City Manager’s Repo HONORABLE CITY COUNCIL CITY MANAGER May 6, 1996 Approval of Consultant Agreement with Judith G. Surveying for Manhole Surveying Services DEPARTMENT: UTILITIES CMR:246:96 Cunha Land This is a request for approval of a consultant agreement with Judith G. Cunha Land Surveying in the amount of $80,000 for manhole surveying services for CIP projects. RECOMMENDATIONS Staff recommends that Council: 1.Approve and authorize the Mayor to execute the attached consultant agreement with Judith G. Cunha Land Surveying in the amount not to exceed $80,000 for surveying services for CIP projects; 2.Authorize the City Manager or her designee to negotiate and execute one or more change orders to the consultant agreement with Judith G. Cunha Land Surveying, the total amount of which change orders shall not exceed $4,000. POLICY IMPLICATIONS The approval of this agreement is consistent with existing policies. EXECUTIVE SUMMARY Consultant Services Description The City of Palo Alto wastewater collection system contains over 2,500 manholes, connecting over one million feet of sewer pipe. In 1988, Camp Dresser & McKee Inc. CMR:246:96 Page 1 of 3 completed the Master Plan of the Wastewater Collection System for the City, in which over 500 manholes were surveyed. The data was used to create the computerized trunk sewer system model and maps of the entire wastewater collection system. The computerized model and maps have been very useful to the City in planning studies and in maintaining the collection system. Since 1991, the City has acquired the services of Judith G. Cunha Land Surveying, through yearly agreements, to survey the top and sewer pipe elevations of more than 1,300 sewer manholes. There are approximately 1000 sanitary sewer manholes, located mostly in the northeast and southwest parts of the City, that have not been surveyed. Past yearly agreements with Judith G. Cunha Land Surveying have not exceeded $25,000. The work to be performed under this contract is to provide the top and sewer pipe elevations for 1,000 sanitary sewer manholes. All data will be submitted to the City in two formats: the first being completion of the City of Palo Alto "Manhole Record of Survey Data" form, and the second being a computer data file which will be down-loaded into the existing wastewater collection system hydraulic model database. BID PROCESS A Request for Proposal for Sanitary Sewer Manhole Surveying Services was sent out to eight consultants on February 16, 1996. A pre-bid conference was not required for this project. The following table summarizes the proposal mailing and the responses: Firm Bissel & Karn 5890 Stoneridge Drive Pleasanton, CA 94588-2720 Cross Land Surveying 2210 Mount Pleasant Road San Jose, CA 95148 Fisher & Associates Land Surveying 152 Arroyo Grande Way Los Gatos, CA 95030 Judith G. Cunha Land Surveying 3575 Kimball Way Concord, CA 94518 Mail Date February 16, 1996 February 16, 1996 February 16, 1996 February 16, 1996 Proposal $80/manhole Total = $80,000 Comments Not enough manpower Not Interested Not Interested Submitted Proposal CMR:246:96 Page 2 of 3 Sandis Humber Jones 605 Castro Street Mountain View, CA 94041-2011 Wilsey & Ham P.O. Box H San Mateo, CA 94402-0099 Arcturus Land Surveying 1020 Bryant Street Palo Alto, CA 94301 February 16, 1996 February 16, 1996 February 16, 1996 $85/manhole Total = $85,000 Submitted Proposal Not Interested Not Interested Proposals were received on March 5, 1995 from two consultants, ranging from $80,000 to $85,000. The two proposals submitted were evaluated by the Project Engineer and the Project Manager. The Engineer’s estimate for this project was $80,000. FISCAL IMPACT Funds for this project are included in the FY 1995-96 Wastewater Collection System Rehabilitation!Augmentation Capital Improvement Program budget. ENVIRONM]ENTAL ASSESSMENT This project was considered categorically exempt as part of the Council approval of the 1994-1999 CIP and no further environmental review is necessary. ATTACHMENTS Exhibit "A": Agreement PREPARED BY: An Le, Edward Wu, Roger Cwiak EDWA~ J. MI~IZt~KDirecgor~ ,. ~# of Util~ CITY MANAGER APPROVAL: / ~’2-~"~-~-~g;/-~/.~’-9,~...,,~._. ~,- C1V[R:246:96 Page 3 of 3 CONTRACT NO. BETWEEN THE CITY OF PALO ALTO AND JUDITH G. CUt/HA LAND SURVEYING 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 JUDITH G..CUNHA LAND SURVEYING, a sole proprietorship, located at 3575 Kimball Way, Concord, CA 94518 ("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, 6alculations, surveys, specifications, schedules or other writings ("Deliverables") (Services and Deliverables are, collectively, the "Project"), as more fully described in Exhibit "A"; and WHEREAS, CITY desires to engage CONSULTANT, including its employees, if any, in providing the Services by reason of its qualifications and experience in performing the Services, and CONSULTANT has offered to complete the Project 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.! 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. 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. 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 960429 syn 0070968 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, will be corrected by CONSULTANT at no cost to CITY, provided CITY gives notice to CONSULTANT. 2.4 Any and all errors, omissions, or ambiguities in the Deliverables, which are discovered by CITY after the construction contract is awarded by CITY, will be 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 nonbenefic±al 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 Additiona! 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 represents and warrants that it has the expertise and professional qualifications to furnish or cause to be furnished the Services and Deliverables. CONSULTANT further represents and warrants that the project director and every individual, including any consultant (including CONSULTANTs), charged with the performance of the Services are duly licensed or certified by the State of California, to the extent such licensing or certification is required by law to perform the Services, and that the Project will be executed by them or under their supervision. CONSULTANT will furnish to CITY for approval, prior to execution of this Contract, a list of all individuals and the names of their-employers or principals to be employed as consultants. 960429 syn 0070968 2 3.2 In reliance on the representations and warranties set forth in this Contract, CITY hires CONSULTANT to execute, and CONSULTANT covenants and agrees that it will execute or cause to be executed, the Project. 3.3 CONSULTANT will assign JUDITH G. CLFNHA as the project director to have supervisory responsibility for the performance, progress, and execution of the Project. JUDITH G. CUNHA 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 which may be necessary and incident to the due and lawful prosecution of the Project; 3.4.2 Keep itself fully informed of all existing and future Federal, State of California, and local laws, ordinances, regulations, orders, and decrees which may affect those engaged or employed under this Contrac[ and any materials used in CONSULTANT’s performance of the Services; 3.4.3 At all times observe and comply with, and cause its employees and consultants, if any, who are assigned to the performance of this Contract to observe and comply with, the laws, ordinances, regulations, orders and decrees mentioned above; and 3.4.4 Will report immediately to the project manager, in writing, any discrepancy or inconsistency it discovers in the laws, ordinances, regulations, orders, and decrees mentioned above in relation to the Deliverables. 3.5 Any Deliverables given to, or prepared or assembled by, CONSULTANT or its consultants, if any, under this Contract will become the property of CITY and will not be made available to any individua! or organization by CONSULTANT or its consultants, if any, without the prior written approval of the city manager. 3.6 CONSULTANT will provide CITY with one (I) 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 De!iverab!es, 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 960429 syn 0070968 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 wil! be discharged immediately from further performance under this Contract on demand of the project manager. 3.9 In the execution of the Project, CONSULTANT and its consultants, if any, will at all times be considered independent contractors and not agents or employees of CITY. 3.10 CONSULTANT will perform or obtain or cause to be performed or obtained any and all of the following Additional Services, not included under the Basic Services, if so authorized, in writing, by CITY: 3.10.1 Providing services as an expert witness in connection with any public hearing or meeting, arbitration proceeding,or proceeding of a court of record; 3.10.2 Incurring travel and subsistence expenses for CONSULTANT and its staff beyond those normally required under the Basic Services; 3.10.3 Performing any other Additiona! Services that may be agreed upon by the parties subsequent to the execution of this Contract; and 3.10.4 Other Additional Services now or hereafter described in an exhibit to this Contract. 3.11 CONSULTANT will be responsible for employing all consultants deemed necessary to assist CONSULTANT in the performance of the Services. The appointment of consultants must be approved, in advance, by CITY, in writing, and must remain acceptable to CITY during the term of this Contract. SECTION 4. DUTIES OF CITY 4.1 CITY will furnish or cause to be furnished the services listed in Exhibit "A" and such information regarding its requirements applicable to the Project as may be reasonably requested by CONSULTANT. 4.2 CITY will review and approve, as necessary, in a timely manner the Deliverables and each phase of work performed by CONSULTANT. CITY’s estimated time of review and approval wil! 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. 960429 syn 0070968 4.3 The city manager will represent CITY for all purposes under this Contract. EDWARD WU 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 AN Q. LE, 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. 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 Eighty Thousand Dollars ($80,000). The amount of compensation will be calculated in accordance with the hourly rate schedule set forth in Exhibit "B", on a time and materials basis, up to the maximum amount set forth in this Section. The fees of the consultants, who have direct contractual relationships with CONSULTANT, will be approved, in advance, by CITY. CITY reserves the right to refuse payment of such fees, if such prior approval is not obtained by CONSULTANT. 5.1.2 In consideration of the full performance of Additional Services, the amount of compensation set forth in Exhibit "B" will not exceed Eighty Thousand Dollars ($80,000). An employee’s time will be computed at a multiple of N/A (N~) times the employee’s direct personnel expense described below. The rate schedules may be updated by CONSULTANT only once each calendar year, and the rate schedules will not become effective for purposes of this Contract, unless and until CONSULTANT gives CITY thirty (30) days’ prior written notice of the effective date of any revised rate schedule. 5.1.3 The full payment of charges for extra work or changes, or both, in the execution of the Project will be made, provided such request for payment is initiated by CONSULTANT and authorized, in writing, by the project manager. Payment will be made within thirty (30) days of submission by CONSULTANT of a statement, in triplicate, of itemized costs covering such work or changes, or both. Prior to commencing such extra work or changes, or both, the parties will agree upon an estimated maximum cost for such extra work or changes. CONSULTANT will not be paid for extra work or changes, including, without limitation, any design work or change order preparation, which is made necessary on account of CONSULTANT’s errors, omissions, or oversights. 5.1.4 Direct personnel expense of emp!oyees assigned to the execution of the Project by CONSULTANT will include only the work of architects, engineers, designers, job captains, 960429 syn 0070968 draftspersons, specification writers and typists, in consultation, research and design, work in producing drawings, specifications and other documents pertaining to the Project, and in services rendered during construction at the site, to the extent such services are expressly contemplated under this Contract. Included in the cost of direct personnel expense of these employees are salaries and mandatory and customary benefits such as statutory employee benefits, insurance, sick leave, holidays and vacations, pensions and similar benefits. 5.2 The schedule of payments 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 contractors. SECTION 6.ACCOUNTING, AUDITS, OWNERSHIP OF RECORDS 6.1 Records of the direct personnel expenses and expenses incurred in connection with the performance of Basic Services and Additional Services pertaining to the Project will be prepared, maintained, and retained by CONSULTANT in accordance with generally accepted accounting principles and will be made available to CITY for auditing purposes at mutually convenient times during the term of this Contract and for three (3) years following the expiration or earlier termination of this Contract. 6.2 The originals of the Deliverables prepared by or under the direction of CONSULTANT in the performance of this Contract will become the property of CITY irrespective of whether the Project is completed upon CITY’s payment of the amounts required to be paid to CONSULTANT. These originals will be delivered to CITY without additional compensation. CITY will have the right to utilize any final and incomplete drawings, estimates, specifications, and any other documents prepared hereunder by CONSULTANT, but CONSULTANT disclaims any responsibility or liability for any alterations or modifications of such documents. 960429 syn 0070968 6 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 !oss, 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 obligatiens 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 ordinande or law will not be deemed to be a waiver of any such covenant, term, condition, provision, ordinance, or law or of any subsequent breach or violation of the same or of any other covenant, term, condition, provision, ordinance or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder will not be deemed to be a waiver of any preceding breach or violation by the other party of any covenant, term, condition or provision of this Contract or of any applicable law or ordinance. 8.2 No payment, partial payment, acceptance, or partial acceptance by CITY will operate as a waiver on the part of CITY of any of its rights under this Contract. SECTION 9. INSLHtA_NCE 9.1 CONSULTANT, at its sole cost and expense, will obtain andmaintain, 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 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. 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 960429 syn 0070968 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 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 ~f 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 wil! comply with such provisions, as applicable, before commencing the performance of the Project. PROJECT SECTION ii TERMINATION OR SUSPENSION OF CONTRACT OR ii.! 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 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 Basic Services and Additional Services performed and Deliverables received and approved prior to receipt of written notice from CITY of such suspension or abandonment, together with authorizedadditional and reimbursable expenses then due. If the Project is resumed after it has been suspended for more. than 180 days, any change in 960429 syn 0070968 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 wil! be obligated to compensate CONSULTANT only for that portion of CONSULTANT’s services which are of direct and immediate benefit to CITY, as such determination may be made by the city manager in the reasonable exercise of her discretion. 11.4 In the event of termination of this Contract or suspension of work on the Project by CITY where CONSULTANT is not in default, CONSULTANT will receive compensation as follows: 11.4.1 For approved items of services, CONSULTANT will be compensated for each item of service fully performed in the amounts authorized under this Contract. 11.4.2 For approved items of services on which a notice to proceed is issued by CITY, but which are not fully performed, CONSULTANT will be compensated for each item of service in an amount which bears the same ratio to the total fee otherwise payable for the performance of the service as the quantum of service actually rendered bears to the services necessary for the ful! performance of that item of service. 11.4.3 The total compensation payable under the preceding paragraphs of this Section will not exceed the payment specified under Section 5 for the respective items of service to be furnished by CONSULTANT. 11.5 Upon such suspension or termination, CONSULTANT will deliver to the city manager immediately any and all copies of the Deliverables, whether or not completed, prepared by CONSULTANT or its consultants, if any, or given to CONSULTANT or its consultants, if any, in connection with this Contract. Such materials will become the property of CITY. 11.6 The failure of CITY to agree with CONSULTANT’s independent findings, conclusions, or recommendations, if the same are called for under this Contract, on the basis of differences in matters of judgment, will not be construed as a failure on the part of CONSULTANT to fulfill its obligations under this Contract. SECTION 12.ASSIGNMENT 12.1 This Contract is for the personal services of CONSULTANT, therefore, CONSULTANT will not assign, transfer, convey, or otherwise dispose of this Contract or any right, title or interest in or to the same or any part thereof without the prior 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. 960429 syn 0070968 9 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 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 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, sexua! 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 emp!oyment; that [Name of Provider] will pursue an affirmative course of action as required by the Affirmative Action 960429 syn 0070968 10 Guidelines of the City of Palo Alto; and that [Name of Provider] will not discriminate in the employment of any person under this contract because of the age, race, color, national origin, ancestry, religion, disability, sexual preference or gender of such person." 15.3 If CONSULTANT is found in violation of the nondiscrimination provisions of the State of California Fair Employment Practices Act or similar provisions of Federal law or executive order in the performance of this Contract, it wil! 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. Only 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 knowledge of the requirements of the federal Americans with Disabilities Act of 1990, and the Government Code and the Health and Safety Code of the State of California, relating to access to public buildings and accommodations for disabled persons, and relating to facilities for disabled persons. CONSULTANT will comply with or ensure by its advice that compliance with such provisions wil! 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. 16.4 In the event that an action is brought, the parties agree that trial of such action will be vested exclusively in the 960429 syn 0070968 11 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 b~ought 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 anyother covenant, term, condition, or provision of this Contract. 960429 syn 0070968 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 PAL0 ALTO CityClerk APPROVED AS TO FOPuM: Senior Asst. City Attorney APPROVED: Assistant City Manager Director of Utilities Mayor JUDITH G. CUN~h LAND SURVEYING By: Its: Taxpayer’s I.D. No.546-37-6027 Deputy City Manager, Administrative Services Risk Manager Attachments: EXHIBIT "A" ¯ EXHIBIT "B": EXHIBIT "C" : EXHIBIT "D" : SCOPE OF PROJECT & TIME SCHEDULE PuhTE SCHEDULE INSURANCE NONDISCRIMINATION COMPLIANCE FORM 960429 syn 0070968 13 STATE OF COUNTY OF CERTIFICATE OF ACKNOWLEDGMENT (Civil Code § 1189) ) ) ss. ) On ~R , 1996, before me A.m/.<Tz~ . ~a~uxW~-~P<-’ a Notary Public for sa~d County an~ State, personally appeared~x~x’2N.Ji ~,(~)dA-~/’~-~"--~, pe~sonally known to me or prove~ to me on the basis of satisfactory evidence to be the person(4~ whose name(s~is/_a-me~ subscribed to the within instrument and acknowledged to me that ~e/she/t~ executed the same in hi.~/her/t4~i-r-authorized capacity(~, and that by ~bi~/her/t.~ signature(~,~ on the instrument the person(A, or the entity upon behalf of which the person(~J acted, executed the instrument. WITNESS my hand and official seal. Si/gnature of Notary Public 960429 syn 0070968 14 JUDITH G. CUNHA LAND SURVEYING 3575 Kimball Way ¯ Concord, CA 94518 (510) 685-9589 AFFIRMATIVE ACTION POLICY It is the policy of Judith G. Cunha Land Surveying to provide an equal opportunity to qualified persons regardless of race, religion, national origin, sex or age. In addition to this commitment, the firm currently implements an affirmative action program intent on maximizing use of qualified minortiy and women business enterprises. This policy ensures that action will be taken to procure a reasonable amount of services from disadvantaged subcontractors and suppliers; to assist, when possible, these businesses in furthering their professional abilities and opportunities; and to cooperate with goyernmental agencies and other businesses in further enhancing their affirmative .action policies. As owner of Judith G. Cunha Land Surveying, I, the undersigned, have the responsibility to establish and direct this policy, Judith G. Cunha, P.L.S. February !, 1992 BOUNDARIz SURVEYS - CONSTRUCTION STAKING - SUBDIVISION AND TOPOGRAPHIC MAPPhVG PART II - CERTIFICATION of NONDISCRIMINATION SECTION 410 Project: Manhole Surveying .~erdfication of Nondiscrimination: As suppliers of .goods or services to the City of Palo Alto; the firm and individuals listed below certifies that they do not discriminate in employment with regards to age, race, color, religion, sex, national origin, ancestry, disability, or sexual preference; that they are in compliance with all Federal, State and local directives and executive orders regarding nondiscrimination in employment; and that they agree to demonstrate positively and aggressively the principle of equal opportunity in employment. The Bidder agrees specifically: 1.0 To establish or observe employment policies which affirmatively promote opportunities for minority persons at all job levels. 2.0 To communicate this policy to all persons concerned, including all employees, outside recruiting services, especially those serving minority communities, and to the minority communities at large... 3.0 To take affirmative action steps to hire minority employees within the organization. 4.0 To be knowledgeable of the local, state, and federal laws and regulations concerning affirmative action policies and provide opportunities for employees. DATE: Title of Officer Signing:6~/’J ~:~:~:> Please include any additional information available regarding equal opportunity employment programs now in effect within your company. (Please attach additional pages if necessa[y) END OF SECTION CITY of PALO ALTO: Non-discrimination (6/94)SECTION 410-1 JUDITH G. CUNHA LAND S UR VE YING 3575 Kimball Way .Concord, CA 94518 (51o) ~85-9589 March 5, 1996 Edward Wu City of Palo Alto Utilities Dept. 250 Hamilton Ave. Palo Alto, CA 94303 Re: Sanitary Sewer Manhole Surveying - RFP # 83638 Dear Mr. Wu: Judith G. Cunha Land Surveying hereby proposes to perform the services described in the above referenced Request for Proposal. The services will be performed as specified in said RFP. Please see the attached description of the approach proposed for completion of the project. The cost for these services will be $80.00 per manhole. The total project cost for 1000 manholes will be $80,000.00. The estimated time of completion for !000 manholes will be January 31, 1997. Attached to this proposal is the required supporting documents. Thank you for the opportunity to present this proposal. I look forward to working with you again. Sincerely, Judith G. Cunha, P.L.S. attchs. paloaIto.rfp BOUNDARY SURVEYS - CONSTRUCTION STAKJNG - SUBDII’TSION AND TOPOGRAPHIC bIAPPINU