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HomeMy WebLinkAbout1996-11-25 City CouncilCity of Palo Alto City Manager’s Report TO:HONORABLE CITY COUNCIL FROM:CITY MANAGER DEPARTMENT: Public Works AGENDA DATE: NOVEMBER 25, 1996 CMR:453:96 SUBJECT:Approval of Consultant Contract with Harding Lawson Associates for Design Services for Asbestos Removal at the Civic Center - CIP 19601 REQUEST This is a request for approval of a consultant contract with Harding Lawson Associates in the amount of $41,063 for design services for asbestos removal at the Civic Center. RECOMMENDATIONS 1.Approve and authorize the Mayor to execute the attached consultant contract with Harding Lawson Associates in the amount of $41,063 to provide design services for asbestos removal at the Civic Center. Authorize the City Manager or her designee to negotiate and execute one or more change orders to the consultant contract with Harding Lawson Associates, the total value of which shall not exceed $4,000. POLICY IMPLICATIONS The approval of this contract is consistent with existing policies. EXECUTIVE SUMMARY Consultant Services Description The Consultant shall provide all design and construction management services to remove asbestos containing sprayed acoustical material at the Civic Center. The areas include restrooms and lobbies on floors A through 7, except 4 and Mezzanine; Police Administrative Services; Council Conference Room; and Level A Cafeteria. The consultant shall also provide design services for the repair and refinishing of all areas receiving abatement. Selection Process Staff sent a request for proposals to 13 consulting firms on March 20, 1996. All firms were given 30 days to respond to the request. A pre-proposal meeting was held on April 3, 1996; ten firms attended the meeting. A total of seven firms submitted proposals. CMR:453:96 Page 1 of 2 A selection advisory committee consisting of Public Works staff reviewed the proposals, and five firms were invited to participate in oral interviews on May 8, 1996. The committee carefully reviewed each firm’s qualifications and submittals in response to the RFP. Harding Lawson Associates was selected because of their experience with similar projects and their proposed approach to the scope of work. FISCAL IMPACT Funds for this project are included in CIP 19601. ENVIRONMENTAL ASSESSMENT These services do not constitute a project for the purposes of the California Environmental Quality Act. CONFLICT OF INTEREST Staff, with the concurrence of the City Attorney, has determined that the consultant.is exempt from complying with the financial disclosure provisions of the City’s conflict of interest code, because the consultant’s range of duties and services to be provided under the contract are limited in scope or are primarily ministerial in nature. ATTACHMENTS A~eement PREPARED BY: Karen Smith, Facilities Manager DEPARTMENT HEAD REVIEW: CITY MANAGER APPROVAL: GLENN S. ROBERTS ,~~~,_~Director of(tri)blic Works CiW Manager CMR:453:96 Page 2 of 2 CONTRACT NO. BETWEEN THE CITY OF PASO ALTO AND HARDING LAWSON ASSOCIATES 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 HARDING LAWSON ASSOCIATES, a Delaware corporation, !ocated at 90 Digital Drive, Novato, CA 94949 ("CONSULTANT"). RECITALS: WHEREAS, CITY desires certain professional consulting services ("Services") and the preparation and delivery of, without limitation, one or more sets of documents, drawings, maps, plans, designs, data, calculations, surveys, specifications, schedules or other writings ("Deliverables’) (Services and Deliverables are, collectively, the "Project"), as more fully described in Exhibit and WHEREAS, CITY desires to engage CONSULTANT, including its emp!oyees, 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 wil! 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 initia! and subsequent Project tasks in accordance with the time schedule set forth in Exhibit "A". Time is of the essence of this Contract. CONSULTANT shall not be responsible or liable for, or deemed in breach of this Agreement because of any delay in the performance of its obligations to the extent caused by circumstances beyond its reasonable control, and that could not have been prevented by the exercise of due diligence. 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 wil! 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, deliveredor executed by CONSULTANT under the phases of the Basic Servicesas described below. 961008 syn 0071054’ 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, 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 nonbeneficial changes in the construction work required of the construction CONSULTANT; or (b) at CITY’s cost insofar as those Services, including the Basic Services or the Additional Services, or both, wil! add a direct and substantia! 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 approva!, prior to execution of this Contract, a list of all individuals and the 2961008 syn 0071054 names of their employers or principals to be employed as consultants. 3.2 In reliance on the representations and warranties set forth in this Contract, CITY hires CONSULTANT to execute, and CONSULTANT covenants and agrees that it will execute or cause to be executed, the Project. 3.3 CONSULTANT will assign Chris Corpuz, CIH as the project director to have supervisory responsibility for the performance, progress, and execution of the Project. Steve Shapiro 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 al! 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 Contract and any materials used in CONSULTANT’s performance of the Services; 3.4.3 At all times observe and comply with, and cause its employees and consultants, if any, who are assigned to the performance of this Contract to observe and comply with, the laws, ordinances, regulations, orders and decrees mentioned above; and 3.4.4 Will report immediately to the project manager, in writing, any discrepancy or inconsistency it discovers in the laws, ordinances, regulations, orders, and decrees mentioned above in relation to the Deliverab!es. 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 wil! not be made available to any individual or organization by CONSULTANT or its consultants, if any, without the prior written approval of the city manager. 3.6 CONSULTANT will provide CITY with two (2) copies of any documents which are a part of the Deliverables upon their completion and acceptance by CITY. 961008 syn 0071054 3 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 wil! compensate CONSULTANT for its duplicating costs. 3.8 CONSULTANT will be responsible for employing or engaging all persons necessary to execute the Project. Al! consultants of CONSULTANT will be deemed to be directly controlled and supervised by CONSULTANT, which will be responsible for their performance. If any employee or consultant of CONSULTANT fails or refuses to carry out the provisions of this Contract or appears to be incompetent or to act in a disorderly or improper manner, the employee or consultant will be discharged immediately from further performance under this Contract on demand of the project manager. 3.9 In the execution of the Project, CONSULTANT and its consultants, if any, will at all times be considered independent contractors and not agents or employees of CITY. 3.10 CONSULTANT will perform or obtain or cause to be performed or obtained any and all of the fol!owing 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 Additional Services that may be agreed upon by the parties subsequent to the execution of this Contract; and 3.10.4 Other Additional Services now or hereafter described in an exhibit to this Contract. 3.11 CONSULTANT will be responsible for employing all consultants deemed necessary to assist CONSULTANT in the performance of the Services. The appointment of consultants must be approved, in advance, by CITY, in writing, and must remain acceptable to CITY during the term of this Contract. SECTION 4. DUTIES OF CITY 4.1 CITY will furnish or cause to be furnished the services listed in Exhibit "A" and such information regarding its requirements applicable to the Project as may be reasonably requested by CONSULTANT. 4.2 CITY will review and approve, as necessary, in a time!y manner the Deliverab!es and each phase of work performed by CONSULTANT. CITY’s estimated time of review and approval will be 4 961008 syn 0071054 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. Karen Smith 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 Bi!l Shaddle , the Supervisor of Facilities Projects. 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, i~c!uding any authorized reimbursable expenses, CITY will pay CONSULTANT a fee not to exceed forty-one thousand sixty-three dollars ($41,063). 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 Additiona! Services, the amount of compensation set forth in Exhibit "B" will not exceed four thousand dollars ($4,000). An employee’s time will be computed at a multiple of one (I) times the employee’s direct personnel expense described be!ow. 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, 961008 syn 0071054 5 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 employees assigned to the execution of the Project by CONSULTANT will include only the work of architects, engineers, designers, job captains, draftspersons, specification writers and typists, in consultation, research and design, work in producing drawings, specifications and other documents pertaining to the Project, and in services rendered during construction at the site, to the extent such services are expressly contemplated under this Contract. Included in the cost of direct personne! 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 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 wil! be 6 961008 syn 0071054 delivered to CITY without additiona! 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. 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 and to the extent 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 CITY wil! operate as a waiver on the part of CITY of any of its rights under this Contract. SECTION 9.INSURANCE 9.1 CONSULTANT, at its sole cost and expense, will obtain and maintain, in full force and effect during the term of this Contract, the insurance coverage described in Exhibit "C", insuring not only CONSULTANT and its consultants, if any, but also, with the exception of workers’ compensation, employer’s liability and professional liability insurance, naming CITY as an additional insured concerning CONSULTANT’s performance under this Contract. 9.2 All insurance coverage required hereunder will be provided through carriers with Best’s Key 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 additiona! insured under such policies as required above. 961008 syn 0071054 7 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 approva! 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, emp!oyer’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 wil! not be construed to limit CONSULTANT’s liability hereunder nor to fulfill the inder~nification 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 and to the extent of or directly arising as a result of the Services performed under this Contract, including such damage, @njury, or loss arising after the Contract is terminated or the term has expired. SECTION I0.WORKERS’ COMPENSATION !0.! 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 TEP~MINATION OR SUSPENSION OF CONTRACT OR ii.i The city manager may suspend the execution of the Project, in whole or in part, or terminate this Contract, with or without cause, by giving thirty (30) days’ prior written notice thereof to CONSULTANT, or immediately after submission to CITY by CONSULTANT of any completed item of Basic Services. Upon receipt of such notice, CONSULTANT wil! 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 961008 syn 0071054 approved prior to receipt of written notice from CITY of such suspension or abandonment, together with authorized additional and reimbursable expenses then due. If the Project is resumed after it has been suspended for more than 180 days, any change in C0NSU~TANT’s compensation will be subject to renegotiation and, if necessary, approval of CITY’s City Council. If this Contract is suspended or terminated on account of a default by CONSULTANT, CITY will be obligated to compensate CONSULTANT only for that portion of CONSULTANT’s services which are of direct and immediate benefit to CITY, as such determination may be made by the city manager in the reasonable exercise of her discretion. 11.4 In the event of termination of this Contract or suspension of work on the Project by CITY where CONSULTANT is not in default, CONSULTANT will receive compensation as follows: 11.4.1 For approved items of services, CONSULTANT will be compensated for each item of service fully performed in the amounts authorized under this Contract. 11.4.2 For approved items of services on which a notice to proceed is issued by CITY, but which are not fully performed, CONSULTANT will be compensated for each item of service in an amount which bears the same ratio to the total fee otherwise payable for the performance of the service as the quantum of service actually rendered bears to the services necessary for the 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. ii.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 fulfil! 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 961008 syn 0071054 9 the option of the city manager, this Contract may be terminated. This Contract will not be assignable by operation of law. SECTION 13.NOTICES 13.1 All notices hereunder will be given, in writing, and mailed, postage prepaid, by certified mail, addressed as follows: To CITY:Office of the City Clerk City of Palo Alto Post Office Box 10250 Palo Alto, CA 94303 To CONSULTANT: Attention of the project director at the address of CONSULTANT recited above SECTION 14.CONFLICT OF INTEREST 14.1 In accepting this Contract, CONSULTANT covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would 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 Cade of the State of California. SECTION 15. NONDISCRIMINATION 15.1 AS set forth in the Palo Alto Municipal Code, no discrimination will be made in the employment of persons under this Contract because of the age, race, co!or, 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 al! 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 961008 syn 0071054 10 Federal and State of California laws covering nondiscrimination in employment; that [Name of Provider] will pursue an affirmative course of action as required by the Affirmative Action Guidelines of the City of Palo Alto; and that [Name of Provider] will not discriminate in the employment of any person under this contract because of the age, race, color, national origin, ancestry, religion, disability, sexual preference or gender of such person." 15.3 If CONSULTANT is found in violation of the nondiscrimination provisions of the State of California Fair Employment Practices Act or similar provisions of Federal law or executive order in the 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 Emp!oyment 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 will be effected pursuant to the terms of this Contract. 16.2 Upon the agreement of the parties, any controversy or claim arising out of or relating to this Contract may be settled by arbitration in accordance with the Rules of the American Arbitration Association, and judgment upon the award rendered by the Arbitrators may be entered in any court having jurisdiction thereof. 16.3 This Contract will be governed by the laws of the State of California, excluding its conflicts of law. 961008 syn 0071054 11 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 al! 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 origina!, 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 ia) 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. 961008 syn 0071054 12 IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Contract on the date fir@~............. above written ........ ATTEST:CITY OF PALO ALTO .............. City Clerk Mayor APPROVED AS TO FORM: Senior Asst. City Attorney APPROVED: Assistant City Manager Director of Public Works HARDING LAWSON ASSOCIATES As~ociat~~~ Hygiene and Its: Safety Specialist Taxpayer’s I.D. No. 68-0146861 Deputy City Manager, Administrative Services Risk Manager Attachments: EXHIBIT "A" : EXHIBIT "B" : EXHIBIT "C" : EXHIBIT "D": SCOPE OF PROJECT &TIME SCHEDULE RATE SCHEDULE INSUTKANCE NONDISCRIMINATION COMPLIANCE FORM 961008 syn 0071054 13 CERTIFICATE OF ACKNOWLEDG~fENT (Civil Code § 1189) STATE OF COUNTY OF @4~~ublic in and for said County and State, persoially appeared ~I’~ ~O~?~ , 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. Signature of 3tary Public COMM. # lOl~7 ~ Nota~ Public -- California ~ 961008 syn 0071054 14 Exhibit A: Scope of Project and Time Schedule City of Palo Alto Civic Center Asbestos Removal Scope of Project The Consultant shall provide all design and construction management services to remove asbestos-containing sprayed-on acoustical material in selected areas of the Civic Center. Those areas include restrooms and lobbies on Floors A through seven (7) except four (4) and Mezzanine; Police Administrative Services, Council Conference Room, Level A Cafeteria. Pre- cleaning in the Council Chambers is also included. Consultant shall also provide design services for the repair and refinishing of all areas receiving abatement. Consultant shall provide design services consistent with all applicable Federal, State and Local Laws, Codes, and Regulations. 1. Pre-design Phase The Consultant shall provide the following sea;ices: Visit and become familiar with the site and all required items in the construction scope of work. Attend a pre-design meeting with City staff. Work closely with City staff to assure the design costs do not exceed the design budget. Review existing building plans, building specifications and asbestos survey reports to verify the locations of asbestos-containing materials (ACM) and if the bulk sampling strategy was adequate for proper identification of ACMs and non-ACMs. Review available building plans and specifications to identify possible hidden ACMs and to utilize for the preparation of construction documents. Conduct an investigation of the project areas to gather information needed for the preparation of the asbestos abatement specifications. Collect bulk samples of suspect ACM or dust as necessary to adequately identify. ACM or possible asbestos containing dust in the project areas. Collect and analyze up to 12 bulk samples by polarized light microscopy (PLM). Design Phase Furnish two (2) sets of general requirement/technical specifications and drawings to staff for review and approval at the 90% design completion stage, and for final review and signing at 100% design completion. The technical specifications shall detail all project requirements and all contractor requirements including medical records and reporting, submittals, inspections, testing, etc. City shall provide "boiler plate" documentation to be included in the specification documents. The drawings shall indicate the locations of ACM to be removed, approximate quantities, locations of utilities and exit routes. Consultant shall submit one (1) set of reproducible Mylar drawings, if applicable, at 100% design completion. Submit to the Project Manager for review and approval a detailed estimate of the probable construction cost representing costs at 90% and 100% design completion. Consultant shall prepare a construction plan as necessary to minimize disturbance to the occupants and to minimize any possibility of impact to public services. Requirements for project phasing and scheduling shall be included in the project specifications. Consultant shall assist staffto obtain a building permit from the building department by furnishing all necessary drawings and calculations. Upon completion of the approved contract drawings, specifications, and other documents, Consultant shall submit the original documents to the Project Manager for signature and reproduction. 3. Biddin~ Period A.Provide a list of recommended contractors to the City. B.Attend a pre-bid conference for interested contractor personnel. Assist staff at and after the pre-bid conference in responding to questions from prospective bidders during the bidding stage, and preparing any necessary addendums. Upon award by the City Council of the construction contract, Consultant shall proceed to the construction stage. 4. Construction Administration Phase The construction stage will commence with the award of the construction contract and will terminate upon the filing and recordation of the Notice of Completion. Attend pre-construction meeting and answer questions regarding the plans and specifications prepared by Consultant. Consultant shall review and take appropriate professional action on all submissions of the contractor for conformance with the construction contract documents. Consultant shall assist City in preparing contract field orders, extra work authorizations. change orders, issue proposal requests: respond to requests for information and monitor claims and legal notice. Consultant shall respond to these items within three (3) working days. Consultant shall conduct two (2) asbestos general awareness training sessions to general building occupants and City employees that will remain in the building during asbestos abatement. Consultant shall provide full-time project oversight during work area preparation, asbestos removal and final cleaning. Consultant shall provide a minimum of two (2) on-site project monitors per each eight-hour shift during the abatement of the restrooms and elevator lobbies, and one (1) to two (2) project monitors per each eight-hour shift during the abatement of the Police Administration Area, Council Conference Room, and Level A Cafeteria. Consultant’s on-site project monitor will collect and analyze by Phase Contrast Microscopy (PCM) daily air samples inside and outside the work areas during asbestos abatement. Consultant shall collect and analyze by PCM up to three (3) background samples in each work area prior to the start of asbestos abatement to determine, pre- existing airborne fiber concentrations. Consultant shall collect and analyze up to 150 daily air samples during the project. Removal work shall be completed over three (3) weekends. Following asbestos removal and decontamination of each work area, Consultant’s project monitor will conduct a visual inspection of each work area to identify any remaining visible ACM debris or dust. Following successful visual inspection and encapsulation of work area surfaces by the abatement contractor, Consultant shall conduct aggressive final clearance air samples inside each work area and have the samples analyzed by transmission electron microscopy (TEM). Consultant shall collect and analyze up to 35 clearance samples during this project. Consultant shall prepare and maintain applicable construction records, i.e. log of submittals, field diary for all field visits, non-conformance reports and necessary photo documentation. Upon completion of the abatement work, provide the Project Manager with one (1) copy of all relevant project documentation. This shall include air monitoring results, project logs, visual inspection records, drawings indicating work area locations and locations of any remaining ACM, and waste disposal records. Time Schedule Consultant agrees to perform the phased services within the time limits set forth under the following time schedule provided, however, that any change in the scope of services may require a revised time schedule. Consultant shall complete all Pre-design and Design Phase duties within 30 calendar days from issuance of a Notice to Proceed from the City. The Construction Stage, if any, shall be dependant upon the length of the contract. Consultant shall submit final documentation within ten (10) working days after completion of abatement work. City agrees to exercise due diligence in performing its tasks to implement Consultant’s time schedule. Duties of City. City shall furnish existing record drawings including, as applicable, locations, dimensions and complete data pertaining to the existing building. Harding ~..wson Associates Schedule of Charges for City of Palo Alto 10% Discount Rate Professional Services Technical Services Staff Engineer and Scientist Proiect Engineer and Scientist Senior Engineer and Scientist Associate Engineer and Scientist Principal Engineer and Scientist Consulting Vice President $68.00/hour 81.00/hour 99.00/hour 122.00/hour 140.00/hour 167.00/hour Clerical Technical Word Processor Drafter/CAD Operator Proiect Administrator/Project Coordinator Technical Editor Field Technician Senior Field Technician $50.00/hour 54.00/hour 59.00/hour 59.00/hour 59.00/hour 54.00/hour 63.00/hour Contract Labor From time to time, Harding Lawson Associates retains outside Professional and Technical labor on a temporary basis to meet peak work load demands. Such contract labor will be charged at regular Schedule of Charges rates. Litigation Support Expert testimony in depositions, hearings, mediation, and trials will be charged at 200% of the above rates. Travel Time Travel time will be charged at regular hourly rates, for actual time involved. Equipment CADD/Microcomputer Personal Computer Truck and Field Test Equipment 4-Wheel Drive Truck 1/2- to 1-Ton Pickup Truck Automobile Geophysical Equipment Geotechnical & Environmental Ivlonitoring Equipment Other Computer Services $25.00/hour 25.00/hour 15.00/hour 15.00/hour 10.00/hQur .30/mile Separate Schedule Separate Schedule Separate Schedule Outside Services Rental of equipment not ordinarily furnished by Harding Lawson Associates and all other costs such as speciaI printing, photograpkic work, travel by common carrier, subsistence, subcontractors, etc.cost + 15% Communication 8( Reproduction In-house costs for long-distance telephone, telex, telecopier, postage, and reproduction.5% of Labor charges Terms GI46954.DOC-IH Seplember 19, 1996 Billings are payable upon presentation and are past due 30 days from invoice date. A finance charge of 1.5 percent per month, or the maximum amount allowed by law, will be charged on past-due accounts. Harding Lawson Associates makes no warranty, either expressed or implied, as to its findings, recommendations, specifications, or professional advice except that they are prepared and issued in accordance with. generally accepted professional practice. 11/15/96 05:39 ~’415 884 3300 BARDING L~WSON ~002/004 Tablo 1. Project Budget City of Palo Alto Civic Center Office Building PHASE I - PROJECT PLANNINGCDESIGN Ta~k 1 - Document Review~Pro~ect Plannin~ Ck rind A 3% A~tive Fee Rate Units Fee $105 2 $210 $95 4 $380 $70 g 5560 $55 6 $330 $45 1 $45 $40 4 $160 $1,685 $5! Subtotal, Labor $1,736 Phase I- Task 1 Total 51,736 Rate Units Fee $105 1 $105 $95 2 $190 $70 I0 $7O0 $40 2 $80 $1,075 $32 Subtotal, Labor $1,107 Rate Units $0.30 200 cost Subtotal, Expenses Phase I - Task 2 Total Fee $60 $8 $68 S1,175 Ra~Uni~Fee $105 4 $420 $95 8 $760 $70 24 $1,680 $45 8 $360 $45 2 $90 $50 16 S800 $45 1 $45 $40 4 5160 $4,315 $129 Subtotal Labor $4,444 Rate Units $0.15 500 $75 0.15 Subtotal Expenses Phase I - Task ~ Total $75 $I1 $86 G J475 ~] .XLS-IH 11/18/9 00:23 "~415 884 3300 Table I. ProJeot Budget City of Pale AHo Civic Center Office Building 002/002 PHASE II - ABATEMENT PROJECT MONITORING Task 1 - Attend Meetin~ Labor Category Associate 3% ~dmizim’ative Fee Automobile mileage Rate Units Fee $105 4 $420 $95 16 $1.520 $65 16 $1,040 $45 1 $45 $40 2 $80 $3,105 $93 Subtotal, Labor $3,198 Rate Units $0.30 800 Subtotal Expenses Phase II - Task 1 Total Task 2.0 - Project Oversight (Shift Rate and Unit Costs for Onslte PCM Analysis) T~k,,,,,~l - Police Administrati~.~_Smrvices Ar~a Rate Senior P~o~t Admitfiz’w~r 3% ’ "~ais~ tire Fee Senior Project Administrator 3% ~dministlative Fee Task~2,3 - CoanclFConference Room Senior Pro~,eet Administrator Clerical 3% ~Admiai.ctrative Fee Units $95 8 $65 64 $45 1 $40 2 Subtotal, Labor Rate Units $95 8 $65 24 $45 1 $40 2 Subtotal, Labor Rate Units $95 $65 40 $45 $40 2 Subtotal, Labor Harding Lawson $240 $24O S3,438 $76O $4,160 $45 $80 $5,045 $151 Fee $760 $1,560 $45 $80 $2,445 $73 $2,51g $760 $2,600 $80 $3,485 $105 S3,590 Pa~ 2of3 11,/15/9 05:40 "~415 884 3500 I:[%.RDING L~WSON ~004/004 Table 1. Project Budget City of Palo Alto Civic Center Office Building Rate Units Fee $95 8 $760 $65 40 $2,600 $45 I $45 $40 2 $80 $3,485 $105 Subtotal, Labor $3,590 Rate Units $8 150 $0.30 1’,680 S1,871 0,15 Subtotal, Expenses Subtotal for Project Ovcr~ight: ~e $1,200 $504 $167 $281 $2,152 $17,045 Unit Cogs,for Clearance aggressive air Sanlple~ (Staff) An~yze air sample by A}tE.Rgk protocol (24 hour turn -Prepare Close-outlPacka~ Rate Units $65 24 $115 35 Subtotal for Clearance: Phase H -Task 2 Total: F~e $1,560 $4,025 $5,585 $26,069 Ra~UniS $105 2 $95 8 $65 24 $45 2 $50 16 $45 1 $40 12 Subtotal Labor $210 $760 $1,560 $90 $800 $45 $480 $3,945 $118 $4,063 Rate Units $0.15 3O0 $45 0.15 Subtotal, Expenses Phas~ ~ -Task 3 T~t~l $45 $7 $52 $4~11S PROJECT TOTAL:$41,063 ~34rS~.XLS-m Harding Law~m~ Associates CERTIFICA°A COR_D.. PRODUCER ~ W~Ilis Corroon of California insurance Services P0 Box 193995 San Francisco CA 94119-3995 (415) 981-0600 Lyn Bowers INSURED OF UABILITY INSURAt.OF 7476 DATE (MMr~Di ..... . .....1 6-N0V-1£95 THIS CERTIFICATE IS ISSUED AS A 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. COMPANIES AFFORDING COVERAGE COMPANY American International Specialty Lines A COMPANY Harding Lawson Associates, Inc.B7655 Redwood Bird P. 0. Box 578 (94948)COMPANY Novato CA 94945 C Branch: Novato COMPANY ~D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE P OLICY PERIOD INDICATED, NOT W lTHS T AND IN G ANY R EOUIRE M ENT,TERM OR C O NDITIO N OF ANY CONTRACT OR OTHER DOCUMENT WITH RE S PE C T T O WHICH T HI S CERTIFICATE MAY BE~SSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE ! POLICY EXPIRATIONiLTRDATE (MM/DDIYY) ’: DATE (MM/DDIYY) I LIMITS GENERAL LIABILITY ! COk~EP3IAL GE~=AL LI~BILRY CLA #-S M~,L~:OCCUR O~S & CONTrACTOr’S AUTOMOBILE LIABILITY ’, ANY AUTO ALL OWNED ~UT’-S -----" SCHE[~JLED AUTCS --! HIP~D AUTOS NO’OWeD AUTCS i C’JENERAL AGC---~EGATE :: PRO[~JCTS.CObP/OP AGG ’.PERSONAL & ADv INJURY EACH OCCURRENCE FI.~_ DAMAGE (Any one fire) ’ME_D EXP (Any one person) COMBIN,~.D SINGLE LIMIT BODILY INJURY (Per p~son) BODILY iNJURY (Per accident) PROPERTY DAMAGE $ ’$ $ $ GARAGE LIABILITY ~_ AN’Y AUTC EXCESS LIABILITY UKe.PE. ~ A FOPS. , OTHER T~AN U~P~=~=LL-’ =ORM WORKERS COMPENSATION AND EMPLOYERS" LIAB &ITY THE PF:K)PRIETOFR/~ INCL’P~RTNERSIE xECUTIVE OFFICERS ARE: °THERERRORS & OMISSIONS 8187151 DESCRIPTION OF OPERATIONSP,.OCATIONSIVEHIDLESISPECIAL ITEMS AUTO ONLY - EA ACCIDENT :OTHER ~q4AN AUTO EACH ACCIDENT AGG.~EGATE i EACH OCOJRRENCE ! AC-C-~EGATE ,WC StATU-, Of H- ~EL EACH ACCI~NT ~ EL DISEASE-POLICY LIMIf ~ EL DISEASE-EA E~LOYEE 01-JUL-1996 01-JUL-1997 ~1,000,000 Occurrence ~1,000,000 Aggregate RE:Civic Center Asbestos Management Services SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE Ci ty of PaiD AI to EXPIRATION DATE THEREOF, THE iSSUING COMPANY WILL ENDEAVOR TO MAIL At tn : Put chas i ng and 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFf. Cons r ac t Adm i n i s t r a t i on BUT FALSE TO MAIL SUCH NOTICE S ,H~ IMPOSE NO OB!.IGAT!ON OR LIAB~.ITY 250 Hamilton Avenue OF ANY K~D UPON THE COM, P’AN~.\ J~" AGENTS ~q REPRESENTATIVES. " .... ./ .’\F - -PaiD Alto CA 94301 ’ AUTHORIZEDR~EPP,~SENTATIV=.................... .......... ACORD 25;f{ 1195}:::::::::::::::::::::::::::: 011 ....::::: :~: :::!: !::i :::: ======================= :::;:;: :: "" ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ~~0 cORPORATION i988 P0 Box 193995 San Francisco (415) 981-0600 Lyn Bowers INSURED CA 94119-3995 "DATE (MMIDDIYY)ACORD. CERTIFICA OFUABILITY INSURAF PAaE 1 OF 2 6-NOV-1996 PRODUCER 7474 I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIONWillis Corroon of California Insurance Services I ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE CO~.ANY Commerce & Industry Insurance Co~pany A COMPANY American Insurance Company BHarding Lawson Associates. Inc. 7655 Redwood Bird P. 0. Box 578 (94948) Novato CA 94945 Branch: Novato CO~ANY CO.ANY D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD I ND IC A TED, NO T W ITHS T ANDING AN Y R EQ UIREMENT, TERM OR C O NDITION O F ANY C O NTRA C T OR O THERD O C UMENT WITH RE S P E CT T O WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE i POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION!LIMITSLTRiDATE (MMfDDIYY)DATE (MM/DDIYY) ! ’ GENERALLIABILITY GL3407304 01-JUL-1996 01-JUL-1997 C~kE~AL AC~’_~_GATE ;1,000,000 X ~ t’~’}~Om’~..... ~.,AL C’-ENERAL LIABILITY CLAIMS MADE ~ OCCUR 0~%~=’S & CONTRACTOR’S P~OT AUTOMOBILE LIABILITY ~LL O¢,’N~D AUTOS SCHEPMLED AUTOS CA5052070 01-JUL-1996 01-JUL-1997 P~.O~JCTS.CO~/OP ~GG s 1,0430,000 £ERSONAL & ADV INJURY $1,OOO,OOO EACH ©C,~k-~ENCE S 1,000,000 FI~ DAM~ (Any one fire)$1~,000 ~D EXP (Any one person)$5,000 ; CO~I~D SIN~_E LIMIT $1,000,000 ’. BODILY (Per port.n) : BODILY ~URY , (Per ’, P~O~ERTY D~MAGE ; X H..=~ =UTOS . X NON.C’W.~F_D AUTOS GARAGE.LIARILITY ~ANv EXCESS LIABILITY : UM-.~,-~ LL A OT~E~ THAN U~P~LLA FORM B WORKERS COMPENSATION AND EMPLOYERS’ LIABILITY THE #POP,~IETOR!~ INCLP ARTNEk-"S, E x ECUTIVE ~ .OFFICERS ~:EXCL’: OTHER ~ ~C2~C80711271 01-JUL-1996 01-JUL-1997 AUTO Ot’,~_Y ¯ EA ACCIDE*-JT OTHER TH,~N AUTO OM~Y: EACH ~CCIDENT AGGREGATE EACH O C ~JR~,ENCE ¯ AC-C"~,EGA TE wc STATU. , EL EACH ~C:IDENT EL DISEASE-~OL~CY LIMIT EL DISEASE-EA E}~LOYEE 1.0000000 1,000,000 1,OOO,OOO DESCRIPTION OF OPERATIONS~OCATION$1VEHI~ESISPECIAL ITEMS SEE ATTACHED ~WILLIS ~SSUE D.~TE ~J~.~ ~’©’,co ,oo. :,.,,;,,.,,,,.,,.,’re ,.,, INSURANCE .AGE 2 oF 2 - 6-,0v.1,96~I::DTI I::h~A #’tl:: THIS CERTIFICATE IS ISSUED AS A ,.. .~’TER OF INFORMATION ONLY AND CONF~-RS NO RIGHTS UPON THE CERTIFICATE THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Harding Lawson Associates, 7655 Redwood Blvd P. 0. Box 578 (94948) Novato CA 94945 Branch: Novato Inc. 7474 PRODUCER ~illis Corroon of California Insurance Services P0 Box 193995 San Francisco CA 94119-3995 (415) 991-0600 Lyn Bowers : T;-I!$ IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERI©D !~DICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CE~TIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, E×~LUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS MAY HAVE BEEN REDUCED BY PAID CLAIMS. ~ POLICY EFFECTIVE POLICY EXPIRATION ITYPE OF INSURANCE POLICY NUMBER i LIMITSDATE (M~/~/YY)DATE (M~/EX~)/YY) I DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLESISPECIAL ITEMS General Liability - The Certificate Holder is an Additional Insured solely as respects work performed by or for the Named Insured in connection with Civic Center Asbestos Management Services provided, however, that a written contract requiring that the Certificate Holder be an Additional Insured exists CERTIFICATE HOLDER : .... City of PaiD Alto Attn: Purchasing and Contract Administration 250 Hamilton Avenue PaiD Alto CA 94301 WILLIS CORROON 25WC1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED EEFORE THE 30 DAYS WRITTEN NOTICE TO THE OERTIFICAT~ HOLDER NAMED TO THE LEFT. \/ CERTIFICATION of NONDISCRIMINATION SECTION 410 Certification of Nondiscrimination: As suppliers of goods or services to the City of Palo Alto, the firm and individuals listed below 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. Firm: HARDING LAWSON ASSOCIATES DATE: I li/~ [/q¢o Title of Officer Signing: Associate Industrial Hygiene and Safety Specialist Siooatu e_ Please include any additional information available regarding equal opportunity employment programs now in effect within your company. NONE (Please attach additional pages if necessary) END OF SECTION CITY of PALO ALTO: Non-discrimination (6/94)SECTION 410-1