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HomeMy WebLinkAbout1999-04-05 City Council (25)TO: City of Palo Alto C ty Manager’s Report HONORABLE CITY COUNCIL 1 6 FROM:CITY MANAGER DEPARTMENT: PUBLIC WORKS DATE:APRIL 5, 1999 CMR:164:99 SUBJECT:REQUEST FOR APPROVAL OF INCREASED CHANGE ORDER AUTHORITY FOR CONTRACT #C8104259 BETWEEN THE CITY OF PALO ALTO AND ANDERSON PACIFIC ENGINEERING CONSTRUCTION, INC. FOR CONSTRUCTION OF TEMPORARY SEISMIC BRACING AT THE MUNICIPAL SERVICE CENTER RECOMMENDATION Staffrecommends that Council increase the contract change order authority with Anderson Pacific Engineering Construction, Inc. for contract C8104259 from $77,820 to $137,820. The increase is requested for unanticipated construction costs which resulted from the seismic bracing work at the Municipal Service Center (MSC). BACKGROUND In April 1998, Council awarded a construction contract to Anderson Pacific Engineering Construction in the amount of $518,800 for the installation of temporary seismic bracing at the MSC (CMR:188:98). Work at two of the three buildings has been completed, and bracing of the third building is anticipated to be completed by April 1999. DISCUSSION During drilling Operations, the contractor encountered reinforcing steel approximately 50 percent more often than had been anticipated by what was shown on the consultant’s construction plans. The exact location of reinforcing steel (rebar) is not typically shown on building plans as it is costly to detail. Therefore, the location of rebar is only detailed for several "typical" sections. The typical sections from existing file drawings of the MSC were incorporated into the construction documents for the MSC Temporary Seismic Bracing project. Anderson Pacific was awarded the construction contract based on the structural rebar configuration shown in the plans. Cutting through the additional steel reinforcement that was found required the use of a more costly drilling technique. Council originally authorized $77,820, which is 15 percent of the contract amount, for change orders. The Council’s approval of the increased change order authority in the amount of $60,000 will provide for the additional costs incurred due to these unforseen site conditions. CMR:164:99 Page 1 of 2 ~SOURCE IMPACT Funds for this increase are available in Capital Improvement Project 18516, MSC Structural Improvements. POLICY IMPLICATIONS This report does not represent any change to existing City policies. TIMELINE The improvements are expected to be completed by April 1999. ENVIRONMENTAL REVIEW The bracing project is categorically exempt under the California Environmental Quality Act. No additional environmental assessment will be required for this project. ATTACHMENTS Attachment A:CMR:188:98 PREPARED BY: DEPARTMENT HEAD: Karen Bengard, Senior Engineer GLENN S. ROBERTS Director of Public Works CITY MANAGER APPROVAL: E~Y ~~N - Assistant City Manager CMR: 164:99 Page 1 of 2 TO: ¯ATTACHMENT A City of Palo AI9 City Manager’s Report FROM:CITY MANAGER DEPARTMENT: PUBLIC WORKS DATE:APRIL 6, 1998 CMR:188:98 SUBJECT:BUDGET AMENDMENT ORDINANCE IN THE AMOUNT OF $721,620, AWARD OF CONTRACT WITH ANDERSON PACIFIC ENGINEERING CONSTRUCTION, INC. AND CONSULTANT CONTRACT AMENDMENT WITH DAMES & MOORE FOR CONSTRUCTION OF TEMPORARY SEISMIC BRACING AT THE MUNICIPAL SERVICE CENTER RECOMMENDATION Staff recommends that Council: Approve a Budget Amendment Ordinance (BAO) in the amount of $721,620 for CIP 18516, MSC Seismic Improvements, to fund the construction contract with Anderson Pacific Engineering Construction, Inc. Approve and authorize the Mayor to execute a contract with Anderson Pacific Engineering Construction, Inc. in the amount of $518,800 for construction of temporary seismic bracing at the Municipal Service Center (MSC). Authorize the City Manager or her designee to negotiate and execute one or more change orders to the contract with Anderson Pacific Engineering Construction, Inc. for related, additional but unforeseen work which may develop during the project, the total value of which shall not exceed $77,820. Approve and authorize the Mayor to execute Amendment No. 2 to a contract with Dames & Moore in the amount of $45,000. The amendment will provide for inspection and provide construction oversight services. Project Description A seismic upgrade study by Dames & Moore (July 28, 1997) identified MSC Buildings A, B and C as needing significant work in order to meet current seismic codes. The buildings were constructed in 1965, and were designed to meet the standards of the 1961 Uniform CMR:188:98 Page 1 of 4 Building Code (UBC), which had roughly half the level of seismic loading requirements as the current UBC. As a result, the buildings pose a potential hazard when subjected to a significant seismic event. As an interim measure, at the December 15, 1997 City Council meeting staff was directed to prepare construction documents and return with a .recommendation for an award of a contract and a BAO to construct the improvements (CMR:491:97). The work to be performed under the contract with Anderson Pacific Engineering Construction, Inc. (Attachment C) is for construction of temporary seismic bracing at the MSC. Staff has proposed a new Capital Improvement Program (CIP) Project seismic upgrade feasibiliB, study for F¥ 1998-99 to evaluate potential options and costs for a permanent seismic upgrade or replacement of MSC buildings A, B and C. The feasibility study will take one to two years to complete, and any recommended improvements would take an additional two to three years to finish. Thus, the recommended temporary seismic bracing construction is expected to be in place for three to five years. Bid Process Pre-qualification of bidders started on February 12. Of the eight contractors contacted, four declined to bid because they were too busy. Notices inviting formal bids for construction of temporary seismic bracing at the Municipal Service Center were given out on March 10, 1998 to four pre-qualified contractors. The bidding period was 14 days. A pre-bid meeting was held on March 10, 1998; 4 bidders attended the meeting. Bids were received from four qualified contractors on March 24, 1998, as listed on the attached bid summary (Attachment A). Bids ranged from a high of.$789,430 to a low bid of $441,647. The bid of the apparent low bidder, DEVCON Construction, contained a mathematical error and was recalculated using unit prices to yield a total base bid of$418,909. DEVCON Construction subsequently decided to withdraw its bid instead of contracting to do the project for the lower amount. Consistent with City policies, the award then goes to the next lowest bidder. Staff has reviewed all bids submitted and recommends that the bid of $518,800 submitted by Anderson Pacific Engineering Construction, Inc. be accepted and that Anderson Pacific Engineering Construction, Inc. be declared the lowest responsible bidder. The bid is 33 percent below the engineer’s estimate of $770,000. Since the MSC islocated near the Bay and at sea level, a construction contingency of 15 percent is requested to mitigate the potential effects of poor soil conditions or groundwater intrusion when the new concrete footings are poured. As this work will be done near the buildings, there may also be unforeseen conflicts with the existing footings. Staff checked references supplied by the contractor for previous work performed and found no significant complaints. Staff also checked with the Contractor’s State License Board and found that the contractor has an active license on file. CMR: 188:98 Page 2 of 4 Contract Amendment Amendment No. 2 to the existing consultant agreement with Dames & Moore (Attachment D) provides for the services of an inspector to conduct daily construction oversight and specialized testing and ins.~":ction, and is recommended due to limited staffresources and the need for special qualifications that staff does not have. RESOURCE IMPACT In order to expedite the design for the temporary bracing, Council authorized advancing monies from CIP 18508 (Public Buildings Structural Improvements) to fund the consultant fees for the temporary bracing feasibility studyand design. The CIP was to be reimbursed at the time of the construction contract award. It has since been determined, however, that CIP 18508 contains roughly $200,000 in surplus funds which can be disencumbered. These are monies lettover from a variety of construction projects that have either been completed or have had their scope of work reduced. It is recommended that these funds be used to finance part of the design and construction costs for the bracing as shown below:. Design & Construction Costs: Construction Contract (Anderson Pacific)$518,800 Construction Contingency $ 77,820 Temporary Bracing Feasibility Study (Dames & Moore) $ 25,000 Design & Construction Admin. (Dames & Moore)$ 50,000 Inspection Services (Dames & Moore-Amend. No. 2)$ 45,000 Miscellaneous Costs (Copying, etc.) - Public Works $ 5,000 TOTAL BAO $721,620 The design and construction costs can be f’manced through use of the General Fund Budget Stabilization Reserve and Utilities Enterprise Funds which can be proportioned according to departmental use at the MSC. Credits for General Fund financing contributions have been given for the CIP 18508 monies in the BAO (Attachment B). POLICY IMPLICATIONS This report does not represent changes to existing City policy. The recommendations are consistent with existing policy direction regarding the seismic retrofitting of existing City buildings. ENVIRONMENTAL REVIEW The bracing is categorically exempt under the California Environmental Quality Act. CMR: 188:98 Page 3 of 4 ATTACHMENTS Attachment A - Bid Summary Attachment B - Budget Amendment Ordinance Attachment C - Contract Attachment D - Consultant Contract Amendment No. 2 PREPARED BY: Karen DEPARTMENT HEAD: Ben ard, Seni,~~,Engineer ,CITY MANAGER APPROVAL: Manager CMR: 188:98 Page 4 of 4 Bid Summary A]-I’ACHMENT A PROJECT: ClP NUMBER: BID NUMBER: BID OPENING: MSC TEMPORARY SEISMIC BRACING 18516 104529 03/24/98 ENGINEER’S Power DEVCON Jim Duffy Anderson ESTIMATE Engineering Construction Construction Pacific $770,000 $569,900 $418,909 $798,430 $518,800 withdrawn Low Bid 04/01198 ATTACHMENT B ORDINANCE NO. ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING THE BUDGET FOR THE FISCAL YEAR 1997-98 TO PROVIDE AN ADDITIONAL APPROPRIATION OF $721,620 FOR CAPITAL IMPROVEMENT PROJECT hq/MBER 18516, MSC SEISMIC IMPROVEMENTS WHEREAS, pursuant to the provisions of Section 12 of Article III of the Charter of the City of Palo Alto, the Council on June 23, 1997 did adopt a budget for fiscal year 1997-98; and WHEREAS, the need for significant seismic work at the Municipal Service Center (MSC) has been identified; and WHEREAS, pending the development and implementation of a permanent solution, it is necessary to provide temporary seismic bracing at the MSC; and WHEREAS, on December 15, 1997, Council directed staff to obtain bids for this temporary seismic b[acing and to return with a Budget Amendment Ordinance at the time of the Award of Contract for the work; and WHEREAS, a contractor has been identified and all of the work associated with the temporary bracing of the MSC will cost $721,620; and WHEREAS, Capital Improvement Project 1851’6, MSC Seismic Improvements, which was created to fund seismic work at the MSC needs to be increased by $721,620 to fund this work; and WHEREAS, there is $2~0,000 in funding available in Capital Improvement Project 18508, Public Buildings Structural Improvements, to fund a portion of this contract; and WHEREAS, the General Fund and the Enterprise Funds will pay for the remainder of the expense proportional to departmental use of space at the MSC; and WHEREAS, .City Council authorization is needed to amend the 1997-98 budget as hereinafter set forth. NOW, THEREFORE, the Council of the City of Palo Alto does ORDAIN as follows: SECTION i0 The amount of Seven Hundred Twenty One Thousand and Six Hundred and Twenty Dollars ($721,620) is hereby appropriated to CIP 18516. SECTION 2.. The appropriation authorized by Section 1 shall be funded as follows: a. The sum of Two Hundred Thousand Dollars ($200,000) is hereby transferred within the Capital Improvement Fund from CIP 18508, Public Buildings Structural Improvements, to CIP 18516. b. The remainder of the funding comes from the reserve funds hereinafter described. The amounts so transferred are from the following reserve funds: Budge~ ~tabi~ization Reserve (General Fund) Electric Rate Stabilization Reserve Refuse Rate Stabilization Reserve Storm Dra~.~e Rate. Stabilization Reserve Water Rate Stabilization Reserve $292,108 $119,973 $5,216 $10,432 $93,891 SECTION 3. The appropriation transfers approved by Section 2 will reduce the Budget Stabilization Reserve from $16,986,149 to $16,694,041, and reduce the following Rate Stabilization Reserves (RSR): Electric RSR. Refuse RSR Storm Drainaqe RSR Water RSR From: $18,930,990 $4,792,285 $618,000 $5,988,605 To: $18,811,017 $4,787,069$607,56o $5,894,714 SECTION 4. As specified in Section 2.28.080(a) of the Palo Alto Municipal Code, a two-thirds Vote of the City Council is required to adopt this ordinance. SECTION 5. This project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA guidelines. SECT~QN 6.. ks provided in Section 2.04.350 of the Palo Alto . Municipal Code, this ordinance shall become effective upon adoption. INTRODUCED AND PASSED: AYES: NOES: ABSTENTIONS: ABSENT: ATTEST:APPROVED: City Clerk APPROVED AS TO FORM: Senior Asst. City Attorney Mayor City Manager Acting Director, Administrative Services Department Director of Public Works ATTACHMENT C FORMAL CONTRACT SECTION 500 CONTRACT (Public Work) Public Works Department This Contract, dated , is entered into by and between the City of Palo Alto, a chartered city and a municipal corporation of the State of California ("City") , and Anderson Pacific Enaineerino Construction. !.nc.. ("Contractor).a California Corporation ," For and in consideration of ’the covenants, terms, and conditions ("the provisions") of this Contract, City and Contractor ("the parties") agree: Term. This Contract shall commence and be binding on the parties on the Date of Execution of this Contract, and shall expire on the date of recordation of the Notice of Substantial Completion, or, if no such notice is required to be filed, on the date that final payment is made hereunder, subject to the earlier termination of this Contract. General ScoDe of Project and Work. Contractor shall furnish labor, services, materials and equipment in connection with the construction of the Project and complete the Work in accordance with the covenants, terms and conditions of this Contract to the satisfaction of City. The Project and Work is generally described as follows: PROJECT TITLE:MUNICIPAL SERVICE CENTER TEMPORARY SEISMIC BRACING PROJECT Invitation For Bids (IFB) # 104259 Base Bid:$ 518.800.00 Contract Documents. This Contract shall consist of the documents set forth below, which are on file with the City Clerk and are hereby incorporated by reference. For the purposes of construing, interpreting and resolving inconsistencies between and among the provisions of this Contract, these documents and the provisions thereof are set forth in the following descending order of precedence. ao g. h. I.j, k. I. This Contract. Notice Inviting Formal Bids. Project Specifications. Drawings. Change Orders. Bid. Supplementary Conditions. General Conditions. Standard Drawings and Specifications (1992). Certificate of Insurance, Performance Bond, Labor & Materials (Payment) Bond. Affirmative Action Guidelines and Compliance Report. Other Specifications, or part thereof, not expressly incorporated in the Contract Specifications or the Standard Drawings and Specifications (1992). Any other document not expressly mentioned herein which is issued by City or entered into by the F .........R (104259’) .......CITY 0 PALO ALTO: FORMAL CONT ACT SECTION 00500-1 OF 8 FORMAL CONTRACT . SECTION 500 parties. Compensation. In consideration of Contractor’s performance of its obligations hereunder, City shall pay to Contractor the amount set forth in Contractor’s Bid in accordance with the provisions of this Contract and upon the receipt of written invoices and all necessary ~upporting documentation within the time set forth in the Contract Specifications and the Standard Drawings and Specifications (1992), or, if no time is stated, within thirty (30) Days of the date of receipt of Contractor’s invoices. 0 Insurance. On or before the Date of Execution, Contractor shall obtain and maintain the policies of insurance coverage described in the Notice Inviting Formal Bids on terms and conditions and in amounts as may be required by the Risk Manager. City shall not be obligated to take out insurance on Contractor’s personal property or the personal property of any person performing labor or services or supplying materials or equipment under the Project. Contractor shall furnish City with the certificates of insurance and with original endorsements affecting coverage required under this Contract on or before the Date of Execution. The certificates and endorsements for each insurance policy shall be signed by a person .who is authorized by that insurer to bind coverage in its behalf. Proof of insurance shall be mailed to the Project Manager to the address set forth in Section 15 of this Contract. o Indemnifical;i0n. Contractor agrees to protect, defend, indemnify and hold City, its Council members, officers, employees, agents and representatives harmless from and against any and all claims, demands, liabilities, losses, damages, costs, expenses, liens, penalties, suits, or judgments, arising, in whole or ir~ part, directly or indirectly, at any time from any injury to or death of persons or damage to property as a result of the willful acts or the negligent acts or omissions of Contractor, or which results from Contractor’s noncompliance with any Law respecting the condition, use, occupation or safety of the Project site, or any part thereof, or which arises from Contractor’s failure to do anything required under this Contract or for doing anything which Contractor is required not to do under this Contract, or which arises from conduct for which any Law may impose strict liability on Contractor in the performance of or failure to perform the provisions of this Contract, except as may arise from the sole willful acts or negligent acts or omissions of City or any of its Council members, officers, employees, agents or representatives. This indemnification shall extend to any and all claims, demands, or liens made or filed by reason of any work performed by Contractor under this Contract at any time during the term of this Contract, or arising thereafter. To the extent Contractor will use hazardous materials in connection with the execution of its obligations under this Contract, Contractor further expressly agrees to protect, indemnify, hold harmless and defend Ci.ty, its City Council members, officers and employees from and against any and all claims, demands, liabilities, losses, damages, costs, expenses, liens, penalties, suits, or judgments City may incur, arising, in whole or in part, in connection with or as a result of Contractor’s willful acts or negligent acts or omissions under this Contract, under the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. § §9601-6975, as amended); the Resource Conservation and Recovery Act (42 ¯ U.S.C. §§6901-6992k, as amended); the Toxic Substances Control Act (15 U.S.C. §§2601-2692, as amended); the Carpenter-Presley-Tanner Hazardous Substance Account Act (Health & Safety Code, §§25300-25395, as amended);, the Hazardous Waste Control Law (Health & Safety Code, §§25100- 25250.25, as amended); the Safe Drinking Water and Toxic Enforcement Act (Health & Safety Code, § §25249.5-25249.13, as amended); the Underground Storage of Hazardous Substances Act (Health & Safety Code, § §25280-25299.7, as amended); or under any other local, state or federal law, statute or ordinance, or at common law. 7.Assumotion of Risk. Contractor agrees to voluntarily assume any and all risk of loss, damage, or injury to the property of Contractor which may occur in, on, or about the Project site at any time and in any manner, CITY OF PALO ALTO: FORMAL CONTRACT (1042591 SECTION 00500-?. OF 8 FORMAL CONTRACT SECTION 500 excepting such loss, injury, or damage as may be caused by the sole willful act or negligent act or omission of City or any of its Council members, officers, employees, agents Or representatives. Waiver. The acceptance of any payment or performance, or any part thereof, shall not operate as a waiver by City of its rights under this Contract. A waiver by City of any breach of any part or provision of this Contract by Contractor shall not operate as a waiver or continuing waiver of any subsequent breach of the same or any other provision, nor shall any custom or practice which may arise between the parties in the administration of any part or provision of this Contract be construed to waive or to lessen the right of City to insist upon the performance of Contractor in strict compliance with the covenants, terms and conditions of this Contract. ComDlian.¢e with Laws. Contractor shall comply with all Laws now in force or which may hereafter be in force pertaining to the Project and Work and this Contract, with the requirement of any bond or fire underwriters or other similar body now or hereafter constituted, with any discretionary license or permit issued pursuant to any Law of any public agency or official as well as with any provision of all recorded documents affecting the Project site, insofar as any are required by reason of the use or occupancy of the Project site, and with all Law~ pertaining to nondiscrimination and affirmative action in employment and hazardous materials. 10.Bonds. As a condition precedent to City’s obligation to pay compensation to Contractor, and on or before the Date of Execution, Contractor shall furnish to the Project Manager the Bonds as required under the Notice Inviting Formal Bids. 11.Reoresentations and Warrentie~. In the supply of any materials and equipment and the rendering of labor and services during the course and scope of the Project and Work, Contractor represents and warrants: Any materials and equipment which shall be used during the course and scope of the Project and Work shall be vested in Contractor; bo Any materials and equipment which shall be used during the course and scope of the Project and Work shall be merchantable and fit to be used for the particular purpose for which the materials are required; Co d= f= Any labor and services rendered and materials and equipment used or employed during the course a~d scope of the project and Work shall be free of defects in workmanship for a period of one (1) year after the recordation of the Notice of Substantial Completion, or, if no such notice is required to be filed, on the date that final payment is made hereunder; Any manufacturer’s warranty obtained by Contractor shall be obtained or shall be deemed obtained by Contractor for and in behalf of City. Any information submitted by Contractor prior to the award of Contract, or thereafter, upon request, whether or not submitted under a continuing obligation by the terms of the Contract to do so, is true and correct at the time such information is submitted or made available to the City; Contractor has not colluded, conspired, or agreed, directly or indirectly, with any person in regard to the terms and conditions of Contractor’s Bid, except as may be permitted by the Notice Inviting Formal Bids; CITY OF PALO ALTO: FORMAL coNTRACT (104259)SECTION 00500-3 OF 8 FORMAL CONTRACT SECTION 500 Contractor has the power and authority to enter into this Contract with City, that the individual executing this Contract is duly authorized to do so by appropriate resolution, and that this Contract shall be executed, delivered and performed pursuant to the power and authority conferred upon the person or persons authorized to bind Contractor; Contractor has not made an attempt to exert undue influence with the Purchasing Manager or Project Manager or any other person who has directly contributed to City’s decision to award the contract to Contractor; There are no unresolved claims or disputes between Contractor and City which would materially affect Contractor’s abil!ty to perform under the Contract; Contractor has furnished and will furnish true and accurate statements, records, reports, resolutions, certifications, and other written information as may be requested of Contractor by City from time to time during the term of this Contract; ko Contractor and any person performing labor and services under this Project are duly licensed by the State.of California as required by California Business & Professions Code Section 7028, as amended; and Contractor has fully examined and inspected the Project site and has full knowledge of the physical conditions of the Project site. 12.Assianment. This Contract and the performance required hereunder is personal to Contractor, and it shall not be assigned by Contractor. Any attempted assignment shall be null and void. 13.Claims of Contractor. All claims pertaining to extra work, additional charges, or delays within the Contract Time or other disputes arising out of the Contract shall be submitted by Contractor to City in writing by certified or registered mail within ten (10) Days after the claim arose or .within such other time as may be permitted or required by law, and shall be described in sufficient detail to give adequate notice of the substance of the claim to City. 14. 15. Audits bv City. During the term of this Contract and for a period of not less than three (3) years after the expiration or earlier termination of this Contract, City shall have the right to audit Contractor’s Project-related and Work-related writings and business records, as such terms are defined in California Evidence Code Sections 250 and 1271, as amended, during the regular bdsiness hours of Contractor, or, if Contractor has no such hours, during the regular business hours of City. ~. All agreements, appointments, approvals, authorizations, claims, demands, Change Orders, consents, designations, notices, offers, requests and statements given by either party to the other shall be in writing and shall be sufficiently given and served upon the other party if (1) personally served, (2) sent by the United States mail, postage prepaid, (3) sent by private express delivery service, or (4) in the case of a facsimile transmission, if sent to the telephone FAX number set forth below during regular business hours of the receiving party and followed within two (2) Days by delivery of a hard copy of the material sent by facsimile transmission, in accordance with (1), (2) or (3) above. Personal service shall include, without limitation, service by delivery and service by facsimile transmission. To City:City of Palo Alto City Clerk CITY OF PALO ALTO: FORMAL CONTRACT (104259)SECTION 00500-4 OF 8 FORMAL CONTRACT SECTION 500 250 Hamilton Avenue P.O. Box 10250 Palo Alto, CA 94303 Copy to:City of Palo Alto ATT.: Karen Bengard, Project Manager Public Works Department, Engineering Division 250 Hamilton Avenue Palo Alto, CA 94301 To Contractor:Anderson Pacific Engineering Construction, Inc. 1390 Norman Avenue Santa Clara, CA 95054 PHONE: (408) 970-9900 FAX: (408) 970-9975 ATTENTION: Peter E. Anderson, President 16.Appropriation of City Funds. This Contract is subject to the fiscal provisions of Article Ill, Section 12 of the Charter of the City of Palo Alto. Any charges hereunder for labor, services, materials and equipment may accrue only after such expenditures have been approved in advance in writing in accordance with applicable Laws. This Contract shall terminate without penalty (I) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (ii) at any time within a fiscal y ear 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 s hall control in the event of a conflict with any other provision of this Contract. 17.Miscellaneous. a.Bailee Disclaimer. The parties understand and agree that City does not purport to be Contractor’s bailee, and City is, therefore, not responsible for any damage to the personal property of Contractor. b.Consent. Whenever in this Contract the approval or consent of a party is i’equired, such approval or consent shall be in wdting and shall be executed by a person having the express authority to grant such approval .or consent. Controlling Law. The parties agree that this Contract shall be governed and construed by and in accordance with the Laws of the State of California. Definitions. The definitions and terms set forth in Section 1 of the Standard Drawings and Specifications (1992) of this Contract are incorporated herein by reference. Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to perform its obligations under this Contract which directly results from an Act of God or an act of a supedor governmental authority. Headings. The paragraph headings are not a part of this Contract and shall have no effect upon the construction or interpretation of any part of this Contract. CITY OF PALO ALTO; FORMAL CONTRACT (104259)SECTION 00500-5 OF 8 FORMAL CONTRACT SECTION 500 Incorporation of Documents. All documents constitL’ting the Contract documents described in Section 3 hereof and all documents which may, from time to t~rne, be referred to in any duly executed amendment hereto are by such reference incorporated in this Contract and shall be deemed to be part of this Contract. Integration. This Contract and any amendments hereto between the parties constitute the entire agreement between the parties concerning the Project and Work, and there are no other prior oral or written agreements between the parties that are not incorporated in this Contract. Modification of Agreement. This Contract shall not be modified or be binding upon the parties, unless such modification is agreed to in writing and signed by the parties. Provision. Any agreement, covenant, condition, clause, qualification, restriction, reservation, term or other stipulation in the Contract shall define or otherwise control, establish, or limit the performance required or permitted or to be required of or permitted by either party. All provisions, whether covenants or conditions, shall be deemed to be both covenants and conditions. Resolution. Contractor shall submit with its Bid a copy of any corporate or partnership resolution or other writing, which authorizes any director, officer or other employee or partner to act for or in behalf of Contractor or which authorizes Contractor to enter into this Contract. Severability. If a court of competent jurisdiction finds or rules that any provision of this Contract is void or unenforceable, the provisions of this Contract not so affected shall remain in full force and effect. Status of Contractor. In the exercise of dghts and oblLcations under this Contract, Contractor acts as an independent contractor and not as an agent or employee of City. Contractor shall not be entitled to any dghts and benefits accorded or accruing to the City Council members, officers or employees of City, and Contractor expressly waives any and all claims to such rights and benefits. Successors and Assigns. The provisions of this Contract shall inure to the benefit of, and shall apply to and bind, the successors and assigns of the parties. Oo Time of the Essence. Time is of the essence of this Contract and each of its provisions. In the calculation of time hereunder, the time in which an act is to be performed shall be computed by excluding the first Day and including the last. If the time in which an act is to be performed falls on a Saturday, Sunday, or any Day observed as a legal holiday by City, the time f~r performance shall be extended to the following Business Day. Venue. In the event that suit is brought by either party hereunder, the parties agree that trial of such action shall be vested exclusively in the state courts of Califomia in theCounty of Santa Clara in the City of San Jose or in the United States Distdct Court for the Northern District of California in the City of San Jose. Recovery of costs. 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, including reasonable attorney’s fees, incurred or expended in connection with such action against the non-prevailing party. IN WITNESS WHEREOF, the parties have by their duly appointed representatives executed this Contract in the city of Palo Alto, County of Santa Clara, State of California on the date first stated above. CITY’ OF PALO ALTO: FORMAL CONTRACT (104259) SECTION 00500-6 OF 8 FORMAL CONTRACT SECTION 500 ATTEST: City Clerk CITY OF PALO ALTO .By: Its Mayor CONTRACTOR: By: Name: Title: Taxpayer I,D, No, APPROVED: City Manager Director of Public Works Director of Administrative Services Insurance Review APPROVED AS TO FORM: Senior Asst,, City Attorney CITY OF PALO ALTO: FORMAL CONTRACT (104259)SECTION 00500-7 OF 8 FORMAL CONTRACT SECTION 5O0 CERTIFICATE OF ACKNOWLEDGMENT (Civil Code § 1189) STATE OF COUNTY OF On , before me, personally appeared , a notary public in and for said County, , 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 helshelthey 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 (Seal) END OF SECTION ~’ITY OF PALO AL’I:O: FORMAL CONTRACT (104259)SECTION 00500-8 OF 8 ATTACHMENT D AMENDMENT NO. TWO TO CONTRACT NO. C7094743 BETWEEN THE CITY OF PALO ALTO AND DAMES & MOORE This Amendment No. Two to Contract No. C7094743 ("Contract") is entered into , by and be£ween the CITY OF PALO ALTO, a chartered city and a municipal corporation of the State of California ("CITY"), and DAMES & MOORE, a Delaware corporation, located at 221 Main Street, Suite600, San Francisco, CA 94105-1917 ("CONSULTANT"). RECITALS: WHEREAS, the Contract was entered into between the parties for the "~Tovision of sharing design and construction administration services; and WHEREAS, the parties wish to amend the Contract; NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this Amendment, the parties agree: SECTION I. Section 5.1.5 is hereby added to read as follows: "In consideration of the full performance of inspection and testing sez-vices, the amount of compensation set forth in Exhibits E and F will not exceed $45,000. The amount of compensation will be calculated in accordance with the rates set forth in Cost Estimate of Exhibit F, on a time and materials basis, up to the maximum set forth in this section." SECTION 2. The following exhibits to the Contract are hereby amended to read as set forth in the attachments to this Amendment, which are incorporated in full by this reference: Exhibit "E" entitled "Primary Duties, Responsibilities, and Limitations of Authority of Resident Project Representatives (Inspectors)". b.Exhibit "F" entitled "Statement of Qualifications and Cost Estimate". SECTION 3. Except as herein modified, all other provisions of the Contract, including any exhibits and subsequent amendments thereto, shall remain in full force and effect. 9~0325 syn 00713~2 IN WITNESS WHEREOF, the parties have by their duly authorized representatives executed this Amendment on the date first above written. ATTEST:CITY OF PALO ALTO City Clerk Mayor APPROVED AS TO FORM: Senior Asst. City Attorney APPROVED: -- DAMES & MOORE Its : ~" ~z4~/- Taxpayer I.D. No. 00-7965189 ~ssistant City Manager Director of Public Works Acting Director of Administrative Services Risk Manager Attachments: EXHIBIT "E": EXHIBIT "F": "Primary Duties, Responsibilities, and Limitation of Authority of Resident Project Representatives (Inspectors)" "Statement of Qualifications and Cost Estimate" 980325 syn 0071382 2 CERTIFICATE OF ACKIqOWLEDGMENT (Civil Code § 1189) On ~~ ~Ol /~q~ before me, t~e undersigned, a notary p~~~ ~~r said County, personally appeared personally known ~o me (or proved ~to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/~ subscribed to the-~ithin instrument, and acknowledged to me that he~ executed the same in his/~ authorized capacity(ies), and that by his/~~s~ 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. 980325 s-yn 0071382 EXHIBIT E SECTION 1 iiI -- PRIMARY DUTIES.RESPONSIBIL’TtES, AND LIMITATIONS OF ,AUTHORITY OF RESIDENT PROJECTREPRESENTATIVES (INSPECTORS} Ao General: The Resident Project Representatives (RPR), who is the Engineer’s¯Agent, will act as directed by and under the suDervision of the Engineer and will confer with the Engineer regarding the RPR’s actisns. The Resident Project Representative’s dealings in matters pertain;qg to the on-site Work shall in general be only with the Engineer and the Contractor, and dealings with subcontractors shall only be through or with the full kr~owledge of the Contractor. B°Duties and Responsibilities: Resident Project Representatives will do the following: Serve as the Engineer’s liaison with the Contractor, working principally through the Contractor’s superintendent, and assist said superintendent in understanding the intent of the Contract. °Receive samples which are furnished at the site by the Contractor, and notify the Engineer of their availability for examination. Advise the Engineer and the Contractor cr its superintendent immediately of the commencement of any work requiring a Shop Drawing or sample submittal if the submittal has not been reviewed by the Engineer. ° o Verify that tests, equipment, systems start up, and operating and maintenance instructions are conducted as required by the Contract and in presence of the required personnel, and that the Contractor maintains adequate reoords thereof; observe, record, and report to the Engineer appropriate details relative to the test procedures and start up. Transmit to the Contractor the Engineer’s clarifications and interpretations of the Contract. o Consider and evaluate the Contractor’s suggestions for modifications in the Contract and report them with recommendations to the Engineer¯ Review applications for payment with the Contractor for compliance with the established procedure for their submittal and forward them with recommendations to the Engineer, noting particularly their relations to the schedule of values, work completed, and materia!s and work equipment delivered at the site but not incorporated in the Work. °Conduct final inspection in the company of the Engineer and the Contractor and assist in preparing a punch list of items to be completed or corrected. Page 1 Verify that all items on the punch list have been completed or corrected and make recommendations to the Engineer concerning acceptance. 10.Compile daily written reports for Project Manager and as a matter of record. 11.ColleCt asphalt concrete, aggregate, base, and recycle weight tags from the Contractor. Limitations of Authority: Except upon written instruction of the Engineer, Resident Project Representative: Shall not authorize any deviation from the Contract or approve any substitute material or .equipment. Shall not undertake any of the responsibilities of the Contractor, subcontractors, or Contractor’s superintendent, or expedite the work. o Shall not advise on or issue directions relative to any aspect of the means, methods, techniques, sequences, or procedures of construction unless such is specifically called for in the Contract. Shall not advise on or issue directions as to safety precautions and programs in connection with the Work. 5.Shall not participate in specialized field or laboratory tests. .SECTION 2 -- SAFETY The Contractor shall be solely and completely responsible for job site conditions and safety during the life of the contract. This obligation shall include the safety of all persons within or affected by the line of construction and all private property affected by the work. The duty of the Engineer, the Engineer’s agents, or .employees, to conduct construction review of the Contractor’s performance and operations is not intended to, and does not include review of or responsibility for the adequacy of the Contractor’s safety measures and procedures in, on, or adjacent to the site of the Work. .SECTION 3 -- DELA.YS BY OTHERS Any act or Omission of anything required by the City of Palo Alto, its officers, consultants, agents, or employees, which shall cause the Contractor delay in the completion of the work shall be grounds for extension of the time for completion of the work, but the Contractor shall have no claim for damages due to any such delay. Page 2 Should the Contractor be delayed by reason of changes, modifications, or alterations made by the City or Engineer not contemplated by the Contractor, the time for completion of the work shall be extended proportioqately, but the Contractor shall have no claim for damages due to any such delay. SECTION 4 -- USE OF SANITARY LANDFILL AND PUBLIC RIGHT OF WAY The refuse disposal facilities of the City of Palo Alto Sanitary Landfill located adjacent to East Embarcadero Road in said City may be made available to the Contractor the life of the contract for the disposal of all rubbish and construction debris, approved by the City of Palo Alto Landfill operator, generated on the work site not including recyclable solid inert material as defined in Section 02090 ofti-,is contract. However, the City does not guarantee access to the landfill at any time. The Contractor shall, at its sole expense, load, haul and deposit, said rubbish and debris whether at the City Landfill or at another landfill during normal Landfill operating hours and approve by the City of PaloAItoLandfillSupervisor. Contractor may be supplied with free Landfill passes for use at the City Landfill upon request by the Public Works Inspector. All Landfill regulations (see Section 00830) will apply to all debris deposited by the Contractor. An.y questions regarding Landfill rules and regulations shall be directed to the Landfill Supervisor, Clark Akatiff, at 329-2617. Stockpiling material and equipment in the public right-of-way is not permitted after work hours without the approval of the Engineer. SECTION 5 -- DUST ALLEVIATION AND CONtROl As elsewhere provided herein, the Contractor shall be responsible for all dust alleviation and control measures necessary and required for the public safety and convenience during the life of the contract. Compensation for water applied as alleviation and/or prevention of dust nuisance shall be considered as included in the prices paid for the various contract items of work and no additional allowance will be made therefore. SECTION 6 -- CITY TRUCK ROUTE ORDINANCE The Contractor and any subcontractors or suppliers shall at all times comply with the requirements of the City of Palo Alto Truck Route Ordinance.A digest of the provisions is provided in Section 00850. SECTION 7 -- CITY NOISE CONTROL ORDINANCE The Contractor and any subcontractors shall at all times conform their operations with the requirements of the City of Palo Alto Noise Control Ordinance. A digest of the provisions is provided in Section 00840. Page 3 SECTION 8 -- PROJECT HOURS OF WORK The Contractor shall conform the work operations to the hours between 8:00 a.m. and 5:00 p.m. during the life of the contract. Work within the arterial roadway areas shall be restricted to the hours between 9:00 a.m. and 4:00 p.m., work on Saturday shall be restricted to between 9:00 a.m. and 6:00 p.m., and work on Sunday shall be restricted to between 10:O0 a.m. and 6:00 p.m. Any exception shall only be authorized with prior approval of the Engineer. Unless authorized by the Engineer, the Contractor shall not work on Saturdays, Sundays, or City of Palo Alto recognized holidays. Hours of work for the landfill pad must be coordinated with the City of Palo Alto Landfill Operator. END OF SECTION Page 4 EXHIBIT STATEMENT OF Q UALIFICA TIONS & COST ESTIMATE Materials Testing and Field Inspection Services fo~ - City of Palo Alto Municipal Services Center Buildings A, B & C at 3201 East Bayshore Road Palo Alto, California Temporary Seismic Bracing c/o Dames & Moore Prepared by: RES Engineers, Ine, 2500 Camino Diablo, Suite 200 Walnut Creek, CA 94596 F March 3, 1998 2500 Camino Diablo, Suite 200 ¯tValnut Creel°, CA 94596 ¯Office: (510) 932-4600 o Fax: (510) 932-4625 March 3, 1998 Dames & Moore 8801 Folsom Boulevard, Suite 200 Sacramento, CA 95826 Altn:Mr. Gerardo Calvillo, S~E. Project Manager__ Subject:Materials Testing and Field Inspection Services for Temporary Seismic Bracing Municipal Service Center, Palo AltoI California Dear Mr. Calvillo: RES Engineers, 1no. is.pleased to submit this proposal in response to your Request for Proposal (RFP) for the subject project. Scope of Services Our scope of services based on our review of plans and specifications, shall be in accordance to Section 1 of Specification Submitted "Primary Duties, Responsibilities and Limitations ofA uthority of Resident Project Representatives ((Inspectors) as defined under items I through 11) ", and for the following items as follows: 1.Concrete Mix Design Review. Concrete and reinforcing steel and bolts installed in concrete and batch plant inspections; concrete slump, air content, unit weight and compression strength testing (3 cylinders - 100 yds/day of concrete placement)for all concrete in excess of 2,5OO p.s.L 28 day compressive strength. 3.Reinforcing steel tagging at the fabricator :s shop, (located within Bay Area). 4.Welding Procedure Specification (W’PS) review. Structural steel and welding inspection of shop and field welds including full- time inspection of multi-passfillet, partial and fuIl penetration welds and intermittent inspection of single-pass f!llet welding, tlltrasonic testing (NDT) of all full penetration welds. ¯l~$aterials Testing and Field Inspection Servicesfor Temporary Seismic Bracing Municipal Service Center, Palo Alto, California March 3, 1998 - page 2 o 7. 8. Epoxy anchor and dowels into existing concrete¯ inspection and tension proof- load testing.. High strength bolt (A325) installation inspection and torque proof-load testing. If required, as an option, we can perform in-place nuclear gauge density testing ¯ for compaction of soiL Perform moisture density tests and obtain optimum moisture content curves. All above inspections will be performed in accordance to material testing and special inspection provisions (Section 17).of the latest edition of the Uniform Building Code (’UBC). All tests will be performed in accordance to UBC and ASTM standards as defined in the project specifications. Cost Estimate The estimated costs for the above project is on time and materials basis in accordance to our schedule of fees, attached. The fees relevant to this project are as follows: Field resident inspector*, concrete and batch plant including slump, air unit weight and sampling, rebar tagging, structural steel and welding, high strength bolting and torque testing. Regular hours 7:00 a.m. - 3:30p.m. Anchor proof load testing and optional field nuclear density testing on soil and A.C. $ 65.00/hour 3.Concrete, set of 3 cylinders $66.00/set . 4.Grout, set of 3 samples $66.00/set 5.Sample pick-up charges $40.00/trip 6.Moisture density curves ASTM D1557 (optional)$185.00/sample 7.¯Concrete Mix Design Review $lO0.O0/mix 8.WPS Review $lO0.O0/procedure $55.00/hour * Overtime rate for weekdays ..................: ....................................Applicable rate x 1.25 Saturdays over 8 hours, Sundays and Holidays ..........................Applicable rate x 1.50. Sundays and Holidays exceeding 8 hours ..................................Applicable rate x 1.75 Materials Te_s’ting and Field Inspection Services for Temporary Seismic Bracing Municipal Service Center, Palo Alto, California March 3, 1998 - page 3 For the budgeting purposes and based on approxiinate construction schedule assumed, the l’ollowing is a cost estimate: 1.Concrete Mix Design Review - 1 @ $100.00 $100.00 2.Field resident inspector including concrete, batch plant and rebar tagging, shop and field welding, epoxy anchors, etc. 400 hours @ $55/hour (50 days)22, 000. O0 3.Concrete, 10 sets of 3 cylinders @ $66/set 660.00 4.Cylinder pick-up charges - 10 trips @ $40/trip 400. O0 5.WPS Review - 6 @ $100/WPS 600. O0 Total cost estimate based on above assumptions $ 23, ~60.00 The above costs include the following." All office related overhead such as secretarial, dispatching and copying is included in the hourly fees. We have a two-hour minimum charge per call-out. OualDqcations RES provides materials testing, construction inspection, and Consulting services with emphasis on materials. At RES we specialize in: Testing o iO iiO v) vO vii) viii) x) and ’inspection services during construction (as required by Building code) Concrete testing, and inspection Structural steel welding inspection and ultrasonic testing Other NDT testing (M. T., R.T., D,P.) and welding procedure qualification & welder operator testing and other metallurgical testing Fireproofing inspection and testing Masonry inspection and testing Prestress concrete testing and inspection Epoxy inspection and proof-load testing Soil and asphalt testing and inspection, and quality control during construction CTB and LTB testing and inspection Pile driving inspection Materials Testing and Field Inspection Services for Temporary Seismic Bracing Municipal Service Center, Palo Alto, California March 3, 19.08 - page 4 Evaluation o fin-place materials and existing structures 0 iO iii) iv) v) vO viO viii) ix) Core testing Brick shear testing Full scale load testing on slabs and walls (in plane or out of plane) H. C.T., granite, stone (and other archaic material)’testing Evaluation of in-place conditions Pachometer testing evaluation of reinforced concrete Corrosion evaluation Existing or new pile load testing Ultrasonic pulse-’¢elocity (NDT) testing of concrete * Failure 0 iO v) vO vii) viii) investigation Asphatic concrete evaluatMn and testing Corrosion studies Debonding failure o f facades Concrete cracking and failure Marble tile, brick and other material failures Structural failures Fire damage investigation and evaluation Water infiltration and leak studies * Research andproduct developments 0 Holdown and other hardware for wood structures iO Helical precast piles iii)Composite reo,clcd building materials RES’s clients include architects, engineers, contractors, attorneys, insurance companies, public agencies and private businesses, large and small. A 11 of our inspectors are ICBO multi.certified, A C1 level I and Ilfield and A WS, CWllevels H and III. Each of these inspectors have over 20years of experience in the industry, enclosed please find resumes of some of our inspectors assigned to this project. They are.fast, courteous, and will accommodate your scheduling needs. The President of the company is a licensed engimer and ICBO Certified Inspector in concrete, steel masonry, prestressed concrete and fireproofing. ,411projects are managed and supervised exclusively by himself; therefore, your involvement would be absolutely minimal. Most of RES’ major ongoing projects involving materials testing and inspection are near completion; therefore, resources will be available to accommodate project needs. JZES maintains offices in Walnut Creek, Burlingame, San Rafaet and a laboratory at Richmond Materials Testing and Field Inspection Services for Temporary Seismic Bracing Municipal Service Center, Palo Alto, California March 3, 1998 - page 5 One unique attribute of our company is the close working relationship between the owner and field personnel. This cooperation ensures a practical combination of field engineering approach to all projects, and effective problem-solving with material and construction problems. In offering this service to the construction-related industry, RES’ primary objective is to provide services of high professional standards and proven technical competence at a minimal cost. If we become the selected agency, we shall man the project based on ~he final required working schedule of the ontractor~ There will be one dispatcher available to schedule inspections on site; we will need 8 hours advance notice in order-to schedule testing or inspection. Please do not hesitate to call the undersigned at (510) 932-4600 if you have any questions or require further information. We appreciate the opportunity to submit this cost estimate and qualifications package and look forward to working with you. Sincerely, Ross Esfandiari, M.S., P.E. President CERTIFICATE Willis Corroon Corporation of Wisconsin 330 East Kilbourn Ave., Suite 1400 Milwaukee, Wisconsin 53202 Contact: Sally Ryan .Dames & Moore 911 Wil,~hire Boulevard Suite 700 Los Angeles, CA 90017 OF INSURANCE 03/20/98 !Tills CERTIFICATE IS I~SUED AS A NO ~IGHTS UPON THE CErrrIFICATE FICLDErL THIR CF__ RTrF~’~TE t"~’JES NOT .EXT-=N~ OR ALTER THE COV~-P~.3,=_ -~I~FORDED BY THE POLICIES BELOW LET’r~R coMr,^NY LETTER B C. D COMPANIES AFFORDING COVERAGE National Uni.~" Fire Ins, Co, of P~ttsburgh, PA American Home (Canadian) American Home Assurance WORKEIT$COMInENSATION AND EMPLOYERS’ LIABILITY A A B B A &UTOMOBIL~. PHYSICAL DAMAGE ~HIR’--D ,~.UTOS []P~N.(~NN~O AUTOS {~STATUTORY N~-I::AULT 320-7496 RMBA376.9348 (C~NAOIAN] 116-3605 116-360~116.3t~37 (’T~I 320,7495 S~= ~ TX) 01/01/9~ O1101/98 01/011~9 01101199 01Y01/99 .~LL LIMIT~ [ G~N~RAL AG(SR~GA~ ....(~) 1.ooo EACH LOSS ($) 1,ooo WA~ & PIRE LEGA~ LIABIL~{$) 1,000 CO~I~ED S,~G~E L~(~) 1,O00 STATUTORY 151 1 0o0 {EAOH A~GIDENT) 15) 1,0oo ’(DISUSE. POLI~ LIMIT) (~) 1,000 (DISE~E - ~H EM~LOYEE~ Ref: RFP No. 94743 - Seismic Upgrade Study (Project No. t8508) I~ is agr~=.d that the City of Pa!o Alto Is ~n add[lionel Insured N=munder as resp.,ets liability fer Ictus, d~m.~;;, end expense caused by any negligent act or omission of.Dames & Moore or its p..rsonnel during the ~rf~rmanc=. of its only up to the llmlt..of liab;li~, y speelfl~,~l .In this cedlfl,.~t,,_.of Insurance. This Insuran,’eholder in any case In wh ~n any da~m Is mad=- by any th,rd p~rty for damages no~ cove.red by this The term "insured" shall be used severally =nd no~ collectively, bul this provision shall in no w~y Increase ~e total each loss and annual aggregate limits olhenNise eye,able under the poi cy , Such insurance is primary ~nd not contributing with any other insurance mainlained by the foregoing. CERTIFICATE tlOLDER icily of Paid Alto Contract Administration P.O. Box 10250 Palo Alto, CA 94303 CANCELLATION SHOULD ANY OF THE ABOVE_ DESCRIBF__~ POLICIES BE C^NCELED BEFORETHE EXPIRATION DATE THI~REOF, THE ~.$UI~’IG COMPANYW LL ENDEAVORTO MAIL 30 DAYS WRITTEN f’~OTICE T~ "~E CERT F~C~TE HOLDER HAMEDTO THE LEFT, BUT FAILU~= TO MAIL ~_CH NOTICE SHALL IMPOSE NOOBLIGATION OR LIAE LI~’Q= ANY Fib3 UPON THE COMPANY, IT~AGENTS OR REPR~;IV~, ~~,. A~HOR~ED REP.S E~A~E COVERAGES THI~ I$ ~ CERTII:Y TH~.T TH=~ POLICIE90~ IN,SURANC~ !!S ~D gELOW HAVE B~EN I~S~ TO ~ ’H~._{qED NAt,~ ~O’v~ FCR THE POLICY PEqlO0 IND’CATED. NOT S~OWN MAY HA’~ ~EFI REOUCE3 gY PA~ C~IM~ CO POLICY NUMBER POLI~SFFE~IVE POLICY ~PIRA~I LTR DATE ~M/DD~) DATE (M~D,Tf) CO LTR PRODUCER ~, VVillis Corroon Corporation of V~sconsin 330 East KJIbourn Ave., Suite 1400 Milwaukee, W~sconsin 53202 Contacl Sally Ryan CERTIFICATE OF INSURANCE 09/1 NO RIGHTS UPOH THE CERTIFICATE HOL~ER. THIS CERTIFICATE DOES NOT AMEHD EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW COMPANIES AFFORDING COVERAGE COMPANY !COMPANY ;LETTER American International Specialty Lines Ins. Co. INSURED .Dam~s & Moore 911 Wilshire Blvd., Suite 700 Los Angeles, CA 90017 COVERAGES T~fS IS TO CERTIFY THAT THE POLICIES OF INSUr!~HCE LI~T~D BE].OW H^VE BEEN ISSI~D TO ~E IHSURED H.~ME~ ABOV~ FOR THE POLICY PEnlOD INDICATED , ~OT ~I~H~TAHOIHG AHY REQUIREMENT, TERM OR CONO~TI~ OF A~ C~T~ACT OR OTHER ~UME~ wl~ RESPECT TO ~ICH THIS CERTIFICATE MAY BE ISSUED PERTAIN, THE INSURANC E AFFORD~ BY ~E POLICIES DESCRIBED HERE~ IS SU~ECT TO ALL ~E ~tS. EXCLUdeS ~D C~l~S OF ~U~H P~IES, LIMI~ ~HOWN MAY HAVE BEEN R~UCEO BY PAID G~IMS. TYPE OF INSTANCE POLICY NUMBER POLICY EFFECTIV~ POLI~Y £XPtRA~O~I ALL LIM~S PROFESSIONAL 81~764 7/1/97 7/1R8 $1 ,ooo,ooo EACH LOS A ERRORS AND OMISSIONS $1,000,000 ANNUAL AGGREGATE A Ref: RFP No. 94743 - Seismic Upgrade Study (Project No. 18508) .’l’hL.s ce~:t’.L~.Lca.P.e euge~:sedes ce]:t.L£Lc;~’ce :Lssued 06/13/97. CERTIFICATE HOLDER .City of PaiD Alto Contract Administration Attn: Johnella P,O, Box 10250 PaiD Alto, CA 94303 CANe ELLATION ~HOULD ANY OF’ THE ABOVE DESCRIBED POLICIES BE CANCELED BE FORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY W|LL TO MAIL 30 DAYS WRITTEN I1OTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILUP, E TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIA=IILITY OF ANY KIND UPON THE COMPANY, ITS AGEI’|T.~OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE