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Staff Report 333-08
TO: City of Palo Alto City Manager’s Report FROM:CITY MANAGER DEPARTMENT: PUBLIC WORKS DATE:AUGUST 4, 2008 CMR:333:08 SUBJECT:APPROVAL OF A CONTRACT WITH CALLANDER ASSOCIATES LANDSCAPE ARCHITECTURE, INC., IN THE TOTAL AMOUNT NOT TO EXCEED $176,186 FOR LANDSCAPE AND ENGINEERING DESIGN SERVICES FOR GREER PARK IRRIGATION SYSTEM REPLACEMENT AND PHASE IV IMPROVEMENTS -CAPITAL IMPROVEMENT PROGRAM PROJECT PE-09002 RECOMMENDATION Staff recommends that Council approve and authorize the City Manager or his designee to execute the attached contract with Callander Associates Landscape Architecture, Inc., (Attachment A) in the amount of $176,186 for landscape and engineering design services for the Greet Park Irrigation System Replacement and Phase IV Improvements (PE-09002), including $160,186 for basic services and $16,000 for additional services. BACKGROUND John Lucas Greer Park is a 22-acre neighborhood park located at 1098 Amarillo Avenue. The existing improvements were constructed in phases during the 1980’s and early 1990’s. A 1.5 acre portion of the park on the coruer of Colorado Avenue and West Bayshore Road has remained undeveloped until now. Funding for improvements to this undeveloped parcel, which had been identified as Phase IV, was included in the FY 07-08 budget (CIP PE-09002). Staff decided to postpone implementation until the current fiscal year in order to combine that project with a more all-encompassing FY 08-09 project (CIP PE-09002) that will include improvements to the existing irrigation system, the recycled water mixing and pump station, and various other components of the infrastructure, including the children’s play area, picnic areas, pathways and benches. Staff concluded that combining the project’s phases would accelerate implementation of critical improvements to the irrigation pump station and result in more competitive construction bids while minimizing disruption of public access to the park. DISCUSSION The purposes of the Greer Park Irrigation System Replacement and Phase IV Improvements include: repair or replacement of those parts of the park irrigation system that are no longer serviceable, including the pump station and recycled water mixing system; development of the vacant parcel as a "passive" recreational area compatible with the potential for future installation of tennis courts; replace the children’s play structure and renovation of the surrounding plaza and picnic areas; and implementation of improvements to other components of existing park infrastructure as funding allows, including pathways, benches, fencing, backstops, fitness stations, dog run and peripheral landscaped areas. 6 CMR:333:08 Page 1 of 3 The consultant will conduct public outreach and prepare design and construction documents to implement these improvements. The existing irrigation system and pump station exhibit significant deterioration and are in need of almost total replacement. Some lateral lines and spray heads may be able to be salvaged depending on the eventual design, but the pump station, controllers, main line, valves, and most lateral lines and spray heads will need to be replaced. The children’s play area is also dated and in need of an upgrade. The undeveloped 1.5 acre parcel has long been the subject of intense discussion among advocates of various scenarios for its development. On August 7, 2006 Council directed staff to construct a passive recreational area within the 1.5 acre undeveloped area, the design of which should ultimately accommodate one or two tennis courts in the future if the City so desired (CMR:311:06). Other components of the existing park infrastructure are also in need of upgrades, including softball fencing and dugouts, site furniture and the dog run. These improvements will be included in the renovation design but implemented only as funding becomes available. Proposal Description Summary of Solicitation Process Name/Number of Proposal Greet Park Renovation and Pump Station Replacement; RFP126814 6 months - design only 21 25 May 13, 2008 at 10:30 a.m. 19 8 Location (City, State)Selected for oral interview? Proposed Length of Project Number of Proposals Mailed Total Days to Respond to Proposal Pre-proposal Meeting Date Number of Company Attendees at Pre- proposal Meeting Number of Proposals Received: Company Name Marin, CA Oakland, CA Walnut Creek, CA Albany, CA San Mateo, CA San Jose, CA San Francisco, CA Monterey, CA 1. Royston, Hanamoto, Alley & Abey 2. Amphion Environmental 3. Ripley Design Group 4. Chau & Chang Landscape Arch. 5. Callander Associates 6. HMH Landscape Architecture 7. Tanaka Design Group 8. Bellinger Foster Steinmetz Yes Yes No No Yes No No Yes Range of Proposal Amounts $118,000- $166,500 Submitted A Request for Proposals (RFP) for the Greer Park Renovation and Pump Station Replacement design services was posted at the Civic Center and on the City website. An evaluation committee consisting of staff members from Public Works Engineering and the Community Services Department reviewed the proposals. Four firms were invited to participate in oral interviews on July 1, 2008. The committee carefully reviewed each firm’s qualifications and CMR:333:08 Page 2 of 3 submittal in response to the criteria identified in the RFP. The criteria used to select a firm were project management strengths and qualifications, design aesthetics, technical expertise and price. Callander Associates Landscape Architects was selected over the other firms interviewed on the basis of its extensive experience in park planning and design including public outreach, as well as the superior qualifications of their sub-consultants in the areas of pump station mechanics and irrigation systems design. In addition, Callander Associates Landscape Architects has worked on universally accessible play area designs. RESOURCE IMPACT Council had appropriated a total of $1,850,000 to PE-09002 Greer Park Irrigation System Replacement and Phase IV Improvements since the project’s inception in fiscal year 2007-08. Funding for the Greer Park Renovation and Pump Station Replacement design is available in this Capital Improvement Project. Staff anticipates that development of the vacant 1.5 acre parcel may require some reallocation of parks maintenance manpower and resources, and would not represent an expense greater than the hiring of a seasonal maintenance assistant for approximately 25% of the maximum allotted work for a total expense of approximately $4,000. POLICY IMPLICATIONS This project is consistent with existing City policies, including the recommendations of the Parks and Recreation Commission and the Finance Committee (CMR 311:06) to proceed with the completion of Greer Park in 2006. TIMELINE The consultant will begin design work shortly after contract approval. Completion of the design phase is anticipated to be in the winter of 2009. ENVIRONMENTAL REVIEW This project is exempt from the California Environmental Quality Act (CEQA) pursuant to the provisions of Sections 15301 and 15302 of the CEQA guidelines. ATTACHMENTS Attachment A: Contract (includes Scope of Services and of Nondiscrimination) PREPARED BY: DEPARTMENT HEAD: CITY MANAGER APPROVAL: CHRIS RAFFERTY Landscape Architect GLENN ROBERTS Director of Public WTk/s{i/f) STEVE EMS~IEiKELE4( MORARIU Deputy City Managers CMR:333:08 Page 3 of 3 ATTACHMENT CITY OF PALO ALTO CONTRACT NO. C09126814 AGREEMENT BETWEEN THE CITY OF PALO ALTO AND CALLANDER ASSOCIATES LANDSCAPE ARCHITECTURE, INC. FOR PROFESSIONAL SERVICES GREER PARK RENOVATION AND PUMP STATION REPLACEMENT This AGREEMENT is entered into , by and between the CITY OF PALO ALTO, a charter city and a municipal corporation of the State of California ("CITY"), and CALLANDER ASSOCIATES LANDSCAPE ARCHITECTURE, INC., a corporation in the state of California with offices located at 311 Seventh Avenue, San Mateo, CA 94401 ("CONSULTANT"). RECITALS The following recitals are a substantive portion of this Agreement. A. CITY intends to replace the existing pump station and irrigation system at Greer Park, to renovate the children’s play area and other areas within the park, and to design and implement improvements to the undeveloped portion of the park ("Project") and desires to engage a consultant to perform preliminary investigations, conduct public outreach, generate design development and construction documents, and provide construction support in connection with the Project ("Services"). B. CONSULTANT has represented that it has the necessary professional expertise, qualifications, and capability, and all required licenses and/or certifications to provide the Services. C. CITY in reliance on these representations desires to engage CONSULTANT to provide the Services as more fully described in Exhibit "A", attached to and made a part of this Agreement. NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, this Agreement, the parties agree: AGREEMENT SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described in Exhibit "A" in accordance with the terms and conditions contained in this Agreement. The performance of all Services shall be to the reasonable satisfaction of CITY. SECTION 2. TERM. The term of this Agreement shall be from the date of its full execution through completion of the services in accordance with the Schedule of Performance attached as Exhibit "B" unless terminated earlier pursuant to Section 19 of this Agreement. SECTION 3. SCHEDULE OF PERFORMANCE. Time is of the essence in the performance of Services under this Agreement. CONSULTANT shall complete the Services within the term of this Agreement and in accordance with the schedule set forth in Exhibit "B", attached to and made a part of this Agreement. Any Services for which times for performance are not specified in this Agreement shall be commenced and completed by CONSULTANT in a reasonably prompt and timely manner Professional Services ..... Revised I0/~ 080723 CITY OF PALO ALTO CONTRACT NO. C09126814 based upon the circumstances and direction communicated to the CONSULTANT. CITY’s agreement to extend the term or the schedule for performance shall not preclude recovery of damages for delay if the extension is required due to the fault of CONSULTANT. SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to CONSULTANT for performance of the Services described in Exhibit "A", including both payment for professional services and reimbursable expenses, shall not exceed one hundred sixty thousand one hundred eighty-six dollars ($160,186.00). In the event Additional Services are authorized, the total compensation for services and reimbursable expenses shall not exceed one hundred seventy-six thousand one hundred eighty-six dollars ($176,186.00). The applicable rates and schedule of payment are set out in Exhibit "C", entitled "COMPENSATION," which is attached to and made a part of this Agreement. Additional Services, if any, shall be authorized in accordance with and subject to the provisions of Exhibit "C". CONSULTANT shall not receive any compensation for Additional Services performed without the prior written authorization of CITY. Additional Services shall mean any work that is determined by CITY to be necessary for the proper completion of the Project, but which is not included within the Scope of Services described in Exhibit "A". SECTION 5. INVOICES. In order to request payment, CONSULTANT shall submit monthly invoices to the CITY describing the services performed and the applicable charges (including an identification of personnel who performed the services, hours worked, hourly rates, and reimbursable expenses), based upon the CONSULTANT’s billing rates (set forth in Exhibit "C"). ffapplicable, the invoice shall also describe the percentage of completion of each task. The information in CONSULTANT’s payment requests shall be subject to verification by CITY. CONSULTANT shall send all invoices to the City’s project manager at the address specified in Section 13 below. The City will generally process and pay invoices within thirty (30) days of receipt. SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All of the Services shall be performed by CONSULTANT or under CONSULTANT’ s supervision. CONSULTANT represents that it possesses the professional and technical personnel necessary to perform the Services required by this Agreement and that the personnel have sufficient skill and experience to perform the Services assigned to them. CONSULTANT represents that it, its employees and subconsultants, if permitted, have and shall maintain during the term of this Agreement all licenses, permits, qualifications, insurance and approvals of whatever nature that are legally required to perform the Services. All of the services to be furnished by CONSULTANT under this agreement shall meet the professional standard and quality that prevail among professionals in the same discipline and of similar knowledge and skill engaged in related work throughout California under the same or similar circumstances. SECTION 7. COMPLIANCE WITH LAWS. CONSULTANT shall keep itself informed of and in compliance with all federal, state and local laws, ordinances, regulations, and orders that may affect in any manner the Project or the performance of the Services or those engaged to perform Services under this Agreement. CONSULTANT shall procure all permits and licenses, pay all charges and fees, and give all notices required by law in the performance of the Services. Professional Services Revised 10/18/07 2 CITY OF PALO ALTO CONTRACT NO. C09126814 SECTION 8. ERRORS/OMISSIONS. CONSULTANT shall correct, at no cost to CITY, any and all errors, omissions, or ambiguities in the work product submitted to CITY, provided CITY gives notice to CONSULTANT. If CONSULTANT has prepared plans and specifications or other design documents to construct the Project, CONSULTANT shall be obligated to correct any and all errors, omissions or ambiguities discovered prior to and during the course of construction of the Project. This obligation shall survive termination of the Agreement. SECTION 9. COST ESTIMATES. If this Agreement pertains to the design of a public works project, CONSULTANT shall submit estimates of probable construction costs at each phase of design submittal. If the total estimated construction cost at any submittal exceeds ten percent (10%) of the CITY’s stated construction budget, CONSULTANT shall make recommendations to the CITY for aligning the PROJECT design with the budget, incorporate CITY approved recommendations, and revise the design to meet the Project budget, at no additional cost to CITY. SECTION 10. INDEPENDENT CONTRACTOR. It is understood and agreed.that in performing the Services under this Agreement CONSULTANT, and any person employed by or contracted with CONSULTANT to furnish labor and/or materials under this Agreement, shall act as and be an independent contractor and not an agent or employee of the CITY. SECTION 11. ASSIGNMENT. The parties agree that the expertise and experience of CONSULTANT are material considerations for this Agreement. CONSULTANT shall not assign or transfer any interest in this Agreement nor the performance of any of CONSULTANT’ s obligations hereunder without the prior written consent of the city manager. Consent to one assignment will not be deemed to be consent to any subsequent assignment. Any assignment made without the approval of the city manager will be void. SECTION 12. SUBCONTRACTING. Notwithstanding Section 11 above, CITY agrees that subconsultants may be used to complete the Services. The subconsultants authorized by CITY to perform work on this Project are: 1.HydroScience Engineers 4.Zeiger Engineers 2.Sweeney and Associates 5,GeoForensics 3.MacLeod & Associates CONSULTANT shall be responsible for directing the work of any subconsultants and for any compensation due to subconsultants. CITY assumes no responsibility whatsoever concerning compensation. CONSULTANT shall be fully responsible to CITY for all acts and omissions of a subconsultant. CONSULTANT shall change or add subconsuttants only with the prior approval of the city manager or his designee. 080716 Professional Services Revised 10/18/07 CITY OF PALO ALTO CONTRACT NO. C09126814 SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Mark Sfichter as the proj ect director to have supervisory responsibility for the performance, progress, and execution of the Services and David Rubin as the project coordinator to represent CONSULTANT during the day-to- day work on the Project. If circumstances cause the substitution of the project director, project coordinator, or any other key personnel for any reason, the appointment of a substitute project director and the assignment of any key new or replacement personnel will be subject to the prior written approval of the CITY’s project manager. CONSULTANT, at CITY’s request, shall promptly remove personnel who CITY finds do not perform the Services in an acceptable manner, are uncooperative, or present a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property. The City’s project manager is Chris Rafferty, Public Works Department, Engineering Division, located at P.O. Box 10250, Palo Alto,.CA 94303, Telephone: 650-329-2475. The project manager will be CONSULTANT’s point of contact with respect to performance, progress and execution of the Services. The CITY may designate an alternate project manager from time to time. SECTION 14. OWNERSHIP OF MATERIALS. Upon delivery, all work product, including without limitation, all writings, drawings, plans, reports, specifications, calculations, documents, other materials and copyright interests developed under this Agreement shall be and remain the exclusive property of CITY without restriction or limitation upon their use. CONSULTANT agrees that all copyrights which arise from creation of the work pursuant to this Agreement shall be vested in CITY, and CONSULTANT waives and relinquishes all claims to copyright or other intellectual property rights in favor of the CITY. Neither CONSULTANT nor its contractors, if any, shall make any of such materials available to any individual or organization without the prior written approval of the City Manager or designee. CONSULTANT makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the scope of work. SECTION 15. AUDITS. CONSULTANT will permit CITY to audit, at any reasonable time during the term of this Agreement and for three (3) years thereafter, CONSULTANT’s records pertaining to matters covered by this Agreement. CONSULTANT further agrees to maintain and retain such records for at least three (3) years after the expiration or earlier termination of this Agreement. SECTION 16. INDEMNITY. 16.1. To the fullest extent permitted by law, CONSULTANT shall protect, indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents ¯ (each an "Indemnified Party") from and against any and all demands, claims, or liability of any nature, including death or injury to any person, property damage or any other loss, including all costs and expenses of whatever nature including attorneys fees, experts fees, court costs and disbursements ("Claims") that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT, its officers, employees, agents or contractors under this Agreement, regardless of whether or not it is caused in part by an Indemnified Party. 16.2. Notwithstanding the above, nothing in this SeCtion 16 shall be construed to require CONSULTANT to indemnify an Indemnified Party from Claims arising from the active negligence, sole negligence or willful misconduct of an Indemnified Party. Professional Services Revised 10/18/07 4 080716 CITY OF PALO ALTO CONTRACT NO. C09126814 16.3. The acceptance of CONSULTANT’s services and duties by CITY shall not operate as a waiver of the right of indenmification. The provisions of this Section 16 shall survive the expiration or early termination of this Agreement. SECTION 17. WAIVERS. The waiver by either party of any breach or violation of any covenant, term, condition or provision of this Agreement, or of the provisions of any ordinance or law, will not be deemed to be a waiver of any other term, covenant, condition, provisions, ordinance or law, or of any subsequent breach or violation of the same or of any other term, covenant, condition, provision, ordinance or law. SECTION 18. INSURANCE. 18.1. CONSULTANT, at its sole cost and expense, shall obtain and maintain, in full force and effect during the term of this Agreement, the insurance coverage described in Exhibit "D". CONSULTANT and its contractors, if any, shall obtain a policy endorsement naming CITY as an additional insured under any general liability or automobile policy or policies. 18.2. All insurance coverage required hereunder shall be provided through carriers with AM Best’s Key Rating Guide ratings of A-:Vll or higher which are licensed or authorized to transact insurance business in the State of California. Any and all contractors of CONSULTANT retained to perform Services under this Agreement will obtain and maintain, in full force and effect during the term of this Agreement, identical insurance coverage, naming CITY as an additional insured under such policies as required above. 18.3. Certificates evidencing such insurance shall be filed with CITY concurrently with the execution of this Agreement. The certificates will be subject to the approval of CITY’s Risk Manager and will contain an endorsement stating that the insurance is primary coverage and will not be canceled, or materially reduced in coverage or limits, by the insurer except after filing with the Purchasing Manager thirty (30) days’ prior written notice of the cancellation or modification, CONSULTANT shall be responsible for ensuring that current certificates evidencing the insurance are provided to CITY’s Purchasing Manager during the entire term of this Agreement. 18.4. The procuring of such required policy or policies of insurance will not be construed to limit CONSULTANT’s liability hereunder nor to fulfill the indemnification provisions of this Agreement. Notwithstanding the policy or policies of insurance, CONSULTANT will be obligated for the full and total amount of any damage, injury, or loss caused by or directly arising as a result of the Services performed under this Agreement, including such damage, injury, or loss arising after the Agreement is terminated or the term has expired. SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES. 19.1. The city manager may suspend the performance of the Services, in whole or in part, or terminate this Agreement, with or without cause, by giving ten (10) days prior written notice thereof to CONSULTANT. Upon receipt of such notice, CONSULTANT will immediately Professional Services Revised 10/18/07 080716 CITY OF PALO ALTO CONTRACT NO. C09126814 discontinue its performance of the Services. 19.2. CONSULTANT may terminate this Agreement or suspend its performance of the Services by giving thirty (30) days prior written notice thereof to CITY, but only in the event of a substantial failure of performance by CITY. 19.3. Upon such suspension or termination, CONSULTANT shall deliver to the City Manager immediately any and all copies of studies, sketches, drawings, computations, and Other data, whether or not completed, prepared by CONSULTANT or its contractors, if any, or given to CONSULTANT or its contractors, if any, in connection with this Agreement. Such materials will become the property of CITY. 19.4. Upon such suspension or termination by CITY, CONSULTANT will be paid for the Services rendered or materials delivered to CITY in accordance with the scope of services on or before the effective date (i.e., 10 days after giving notice) of suspension or termination; provided, however, if this Agreement is suspended or terminated on accotmt 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 maybe made by the City Manager acting in the reasonable exercise of his/her discretion 19.5. No payment; partial payment, acceptance, or partial acceptance by CITY will operate as a waiver on the part of CITY of any of its rights under this Agreement. SECTION 20. NOTICES. 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 With a copy to the Purchasing Manager To CONSULTANT: Attention of the project director at the address of CONSULTANT recited above SECTION 21. CONFLICT OF INTEREST. 21.1. In accepting this Agreement, 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. 21.2. CONSULTANT further covenants that, in the performance of this Agreement, it will not employ subconsultants, contractors or persons having such an interest. CONSULTANT certifies that no person who has or will have any financial interest under this Agreement is an officer Professional Services Revised 10/18/07 6 080716 CITY OF PALO ALTO CONTRACT NO. C09126814 or employee of CITY; this provision will be interpreted in accordance with the applicable provisions of the Palo Alto Municipal Code and the Government Code of the State of California. 21.3. If the Project Manager determines that CONSULTANT is a "Consultant" as that term is defined by the Regulations of the Fair Political Practices Commission, CONSULTANT shall be required and agrees to file the appropriate financial disclosure documents required by the Palo Alto Municipal Code and the Political Reform Act. SECTION 22. NONDISCRIMINATION. As set forth in Palo Alto Municipal Code section 2.30.510, CONSULTANT certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person because of the race, skin color, gender, age, religion, disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status, weight or height of such person. CONSULTANT acknowledges that it has read and understands the provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section 2.30.510 pertaining to nondiscrimination in employment, including completing the form furnished by CITY and set forth in Exhibit "El" SECTION 23. MISCELLANEOUS PROVISIONS. 23.1. This Agreement will be governed by the laws of the State of California. 23.2. 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 in the County of Santa Clara, State of California. 23.3. The prevailing party in any iction brought to enforce the provisions of this Agreement may recover its reasonable costs and attorneys’ fees expended in connection with that action. The prevailing party shall be entitled to recover an amount equal to the fair market value of legal services provided by attorneys employed by it as well as any attorneys’ fees paid to third parties. 23.4. This document represents the entire and integrated agreement between the parties and supersedes all prior negotiations, representations, and contracts, either written or oral. This document may be amended only by a written instrument, which is signed by the parties. 23.5. The covenants, terms, conditions and provisions of this Agreement will apply to, and will bind, the heirs, successors, executors, administrators, assignees, and consultants of the parties. 23.6. If a court of competent jurisdiction finds or rules that any provision of this Agreement or any amendment thereto is void or unenforceable, the unaffected provisions of this Agreement and any amendments thereto will remain in full force and effect. 23.7. All exhibits referred to in this Agreement and any addenda, appendices, attachments, and schedules to thisAgreement which, from time to time, may be referred to in any Professional Services Revised 10/18/07 7 080716 CITY OF PALO ALTO CONTRACT NO. C09126814 duly executed amendment hereto are by such reference incorporated in this Agreement and will be deemed to be a part of this Agreement. 23.8. This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code. This Agreemem will terminate without anypenalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at any time within.a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Agreement are no longer available. This Section 23.8 shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Agreement. 23.9. The individuals executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities. 080723 Professional Services Revised 10/18/07 CITY OF PALO ALTO CONTRACT NO. C09126814 IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement on the date first above written. CITY OF PALO ALTO City Manager APPROVED AS TO FORM: Senior Asst. City Attorney APPROVED: CALLANDER ASSOCIATES LANDSCAPE ARCHITECT~E,.~NC. By: ~(~.. Name: Taxpayer Identification No. 94-3349947 Director of Administrative Services Attachments: EXHIBIT "A": EXHIBIT "B": EXHIBIT "C": EXHIBIT "C- 1" EXHIBIT "D": EXHIBIT "E": SCOPE OF WORK SCHEDULE OF PERFORMANCE COMPENSATION HOURLY RATE SCHEDULE INSURANCE REQUIREMENTS CERTIFICATION OF NONDISCRIMINATION 080723 Professional Services Revised 10/18/07 CITY OF PALO ALTO CONTRACT NO. C09126814 EXttIBIT "A" SCOPE OF SERVICES Task I - PROJECT STARTUP Consultant shall: 1.01 Attend one initial meeting with City staff to review design program, schedule, budget, project goals, and available base information. Prepare meeting summary and written design program. (Staff Meeting #1) TASK 2 -PRELIMINARY INVESTIGATION AND DESIGN Consultant shall: 2.01 Gather and evaluate existing park record drawings (furnished by City) and other available base information for the site. Obtain an electronic copy of City’s topographic survey for the annex. 2.02 Conduct a topographic survey of the existing park improvements exclusive of the annex (topographic survey of annex to be provided by City in AutoCAD for incorporation into overall site survey). Survey to be prepared at a scale of 1" = 30’. Combine field survey with survey provided by City into a composite drawing suitable for development of base sheets. 2.03 Inventory existing conditions and above grade features on the annex site and children’s play area. Conduct an operational inspection of the existing pump station and irrigation system. Photograph existing conditions for meetings and in-house use. Obtain up to two (2) soil samples in the annex area for horticultural soils testing by Soil and Plant Laboratory of Santa Clara for soils analysis and general amendment and fertilizer recommendations for landscape areas. The lab recommendations will be incorporated into the soil preparation specification. 2.04 Review municipal codes and applicable environmental clearance requirements and prepare a permitting requirements matrix summarizing agencies, jurisdictions, fees, permit type and permit processing requirements. Matrix to include any environmental heath permitting requirements that may be triggered by upgrades to non-potable and potable water services. 2.05 Pump Station: As multiple solutions are available to address the deficiencies of the existing pump station, the preliminary design phase includes development and evaluation of alternatives. All alternatives will show new water service(s) to the new pump station to address the recharge deficiencies of the existing make-up lines. Concepts will be developed delineating alternatives to facilitate selection by City. Alternatives include: Horizontal Centrifugal Pump: Installed adjacent to existing pumps to minimize down time during "switchover". Horizontal centrifugal pump concept plan to be prepared at a scale of ¼" = 1 ’-0". Professional Services Revised 10/18/07 I 080716 CITY OF PALO ALTO CONTRACT NO. C09126814 Vertical Turbines: Installed over the existing tank. Vertical turbine concept plan to be prepared at a scale of ¼" = 1 ’-0". Prefabricated or Custom Pumps w/Wet Well: Wet well installed adjacent to existing well, and may be interconnected. System available for testing and evaluation before switchover. Wet well concept plan to be prepared at a scale of ¼" -- 1’-0". 2.06 Develop two (2) preliminary play area plans for the children’s play area at a scale of ¼" = 1 ’-0". Prepare two (2) preliminary annex plans for the annex at a scale of 1"= 10,. Develop one (1) preliminary overall park plan at a scale of 1" = 30 ’ to show other contemplated improvements including renovation of picnic areas, dog rim, pathway lighting, new fencing, dugouts, backstops, exercise stations and new plantings. 2.07 Assemble details, catalog cuts, sketches and other information as necessary to convey design intent. Materials assembled may include catalog cuts and photos of proposed play equipment, site furnishings, plant palette, light fixtures, and other improvements. Assemble and mount images on presentation board for use in public presentation. 2.08 Prepare a detailed estimate of probable construction costs for all park elements. Estimate to be formatted to separate costs associated with required (irrigation system, pump station, play areas) from optional (dog run, ballfield dugouts & backstops, exercise stations) improvements. Estimate to include design and construction contingencies and allowance for inflation. 2.09Meet with City staff to present and discuss preliminary park and pump station improvement plans, park furnishings and cost estimate. Evaluate the scope of the work and coordinate with the City to prioritize work items. Recommend alternatives to enhance the project or reduce costs. Prepare meeting summary. (StaffMeeting #2) 2.10 Revise preliminary park improvement plans, presentation board and estimates of probable construction costs based on comments in staff meeting #2. Prepare a Powerpoint presentation and large format graphics for public presentation. 2,11 Community Presentation #1: Utilizing large format graphics and Powerpoint, present draft preliminary design plans in a single community meeting. Solicit input from attendees and facilitate consensus during the meeting. Record comments and prepare meeting summary. TASK 3 - DESIGN DEVELOPMENT Consultant shall: 3.01 080716 Meet with staff to discuss City and Community input. Identify preferred alternative or Professional Services Revised 10/18/07 CITY OF PALO ALTO CONTRACT NO. C09126814 preferred elements of each alternative for purposes of establishing final design. Re-confirm project parameters including project budget and schedule as necessary to respond to program. Record comments and prepare meeting summary. (Staff Meeting #3) 3.02 Incorporating comments from phase 2.0 community presentation and staffmeeting proceed to prepare design development plans with layout of all major elements clearly defined. Specific drawing index to be established at the completion of this task. The index will likely include the following: a.cover sheet with general notes, sheet index, existing conditions legend, site and vicinity maps (1 sheet) ’ b.demolition plan with notes, legend and disposition list (3 sheets, 30 scale) c.annex area grading plan with legend and notes (1 sheet, 30 scale) d.site construction plan with all improvements located and referenced (3 sheets, 30 scale) e.irrigation plan with all irrigation improvements shown (3 sheets, 30 scale) f.irrigation details including controller, valves, quick couplers, and other new irrigation system components (2 to 3 sheets, scale varies) g. pump station drawings including plan and elevation drawings of pump station improvements (1 to 2 sheets, scale varies) h. piping plans showing plan and profile of existing and new pump station service lines, including tie-ins, cross sections and details of pump station enclosure (1 to 2 sheets, scale varies) i.planting plan showing new plantings throughout annex area (1 sheet, 30 scale) and replacement plantings elsewhere in park (2 sheets, 30 scale) j. pump station and piping details (2 to 3 sheets) k. landscape details including planting, fencing, exercise stations and other site furnishings as selected for incorporation in project (2 to 3 sheets, scale varies) 1.electrical site plan showing parking and pathway lighting as selected for incorporation in project and electrical service to pumping station and controller (3 sheets, 30 scale) m. electrical details including single line diagrams, panel schedules, grounding, pull box and electrolier details (3 sheets, scale varies) 3.03Prepare technical specifications addressing all major items of work. Specifications to be prepared in CSI format. Specification sections to be established at the completion of this task. Landscape specifications sections to include: demolition, site concrete, site furnishings, irrigation, planting, landscape maintenance, soil preparation, earthwork, site drainage. Pump Station specifications to include: performance specifications for pumps, motors, VFD’s, programmable logic controllers, valves pressure gauges, motor starters, and technical specifications for pipeline installation including pipe material, bedding, trench excavation, disinfection, and recycled water main labeling. Electrical specifications sections to include: general electrical requirements, materials and Professional Services Revised 10/18/07 3 080716 CITY OF PALO ALTO CONTRACT NO. C09126814 methods, light fixtures, electrical equipment and electrical site work. 3.04 Prepare a detailed estimate of probable construction costs including an itemization of all major items of work, unit prices (based on actual bid results), cost extensions and construction contingencies. 3.05 Prepare an 8-1/2 x 11 bound design development booklet showing all major elements proposed. Booklet to include: Catalog cuts of park site furnishings: including play equipment, fencing, backstops, exercise equipment, and other site furnishings. Pump. station information: including catalog cuts of major pump station components, and an integrated Supervisory Control and Data Acquisition (SCADA) system. Irrigation system information: including irrigation equipment catalog cuts. Landscape improvements: including photos of proposed plant types, horticultural soils report and tabulation of plants by seasonal color, growth rates and other selection criteria. 3.06Meet with City staff to present and discuss design development submittal including plans, specifications, cost estimate and design development book. Identify minor modifications to design development package to be incorporated prior to Community Presentation #2. Prepare meeting summary. (Staff Meeting #4) 3.07 Community Presentation #2: Prepare a color rendering of the planting plan to serve as a presentation drawing. Add labels as appropriate to further delineate key improvements. Prepare a Powerpoint presentation to include overall plan, enlargements of select areas including park annex, play and picnic areas. Presentation to include images culled from design development booklet to show proposed play equipment, site furnishings and other elements as may be of interest to the community. Powerpoint presentation to be complemented with presentation boards to facilitate dialogue with public at completion of presentation. Note public comments and seek consensus. Prepare meeting summary and forward to City for review and distribution. TASK 4 - CONSTRUCTION DOCUMENTS (95% SUBMITTAL) Consultant shall: 4.01 Meet with staffto discuss City and community input. Discuss suggested plan revisions and reach consensus regarding appropriate incorporation. Review project parameters including budget and schedule as warranted to respond to any program changes. Record comments and prepare meeting summary. (Staff Meeting #5) 4.02 Incorporating comments from community presentation and subsequent staff meeting, revise and prepare 95% complete plans. Furnish supporting data as may be required to facilitate City plan review. Plans to include drawings for turnkey pump statlon showing transition from old Professional Services Revised 10/18/07 4 080716 CITY OF PALO ALTO CONTRACT NO. C09126814 to new pump systems. 4.03 Revise and update specifications. Edit as needed to incorporate geotechnical and horticultural recommendations. Specifications to be edited to include measure and pay clauses and bid form. 100% specifications to be furnished to City with 95% submittal. 4.04 Revise the final statement of probable construction costs as warranted to address plan changes and most current contract cost data available. Completed estimate shall be suitable for establishment of the "Maximum Construction Budget" as defined in Article 1.B of the Agreement for Services. TASK 5 - CONSTRUCTION DOCUMENTS (100% SUBMITTAL) Consultant shall: 5.01 Incorporating comments from City review, proceed to prepare 100% plans. Furnish City with one (1) full size reproducible set of 100% submittal drawings, stamped and Signed by the appropriate licensed professional. 5.02 Update project manual as wan’anted and in accordance with comments received on prior submittal. Incorporate City prepared sections including Notice Inviting Bids, Proposal Requirements and Instructions to Bidders, Proposal and Bond Forms, and Conditions of the Contract. 5.03 Public Meeting: Attend public meeting or present project to Park and Recreation Commission as warranted. TASK 6 - BIDDING PHASE Consultant shall: 6.01Provide information and assistance during the bidding phase, including answering questions from bidders, assisting City in soliciting qualified bidders, preparing written drafts of addenda, assisting City in evaluation of bids received, and providing written recommendations for the award of the bid. TASK 7 - CONSTRUCTION PHASE Consultant shall: 7.01 Attend pre-construction meeting with the responsive low bid Contractor and City staff. Prepare meeting summary. (StaffMeeting #6) 7.02 Provide administrative services to City including review and responses to Contractor initiated inquiries as noted below. City shall have the primary responsibility for this phase of services and shall be the primary point of contact with the Contractor. Services to include: Professional Services Revised 10/18/07 5 080716 CITY OF PALO ALTO CONTRACT NO. C09126814 a. Review and respond to Contractor submittals and request for substitution. b. Respond to Contractor requests-for-information. 7.03 Provide construction support services to City in monitoring the Contractor’s execution of the work for conformance with design intent, contract requirements, schedules, and cost limits. City shall have the primary responsibility for this phase of services and shall be the primary point of contact with the Contractor. Services to include: a. Attend up to two (2) progress meetings on site to review project development and provide clarification of design intent or recommendations for accommodating field conditions as appropriate. b. Provide interpretation of contract doctunents as required to facilitate project implementation. c. Review construction schedule, schedule of values, payment requests and change order requests. d. Prepare change orders, review Contractor’s quote and advise City. e. Perform substantial and final completion walk-thrus and assemble punchlists of outstanding items of work. f. Attend close-out meeting. 080716 Professional Services Revised 10/18/07 CITY OF PALO ALTO CONTRACT NO. C09126814 EXHIBIT "B" SCHEDULE OF PERFORMANCE CONSULTANT shall perform the Services so as to complete each milestone within the number of days specified below. The time to complete each milestone may be increased or decreased by mutual written agreement of the project managers for CONSULTANT and CITY so long as all work is completed within the term of the _Agreement. CONSULTANT shall provide a detailed schedule of work consistent with the schedule below within 2 weeks of receipt of the notice to proceed. Milestones Completion No. of Days From NTP 1.Project Startup 2.Preliminary Investigation and Design 3.Design Development 4.95% Construction Documents 5.100% Construction Documents 6.Bidding Phase - Support 7.Construction Phase - Support 14 days 60 days 95 days 115 days 130 days 160 days 280 days 080716 Professional Services Revised 10/18/07 CITY OF PALO ALTO CONTRACT NO. C09126814 EXHIBIT "C" COMPENSATION The CITY agrees to compensate the CONSULTANT for professional services performed in accordance with the terms and conditions of this Agreement, and as set forth in the budget schedule below. Compensation shall be calculated based on the hourly rate schedule attached as exhibit C-1 up to the not to exceed budget amount for each task set forth below. The compensation to be paid to CONSULTANT under this Agreement for all services described in Exhibit "A" ("Basic Services") and reimbursable expenses shall not exceed $160,186.00. CONSULTANT agrees to complete all Basic Services, including reimbursable expenses, within this amount. In the event CITY authorizes any Additional Services, the maximum compensation shall not exceed $176,186.00. Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to the C1TY. CONSULTANT shall perform the tasks and categories of work as outlined and budgeted below. The CITY’s project manager may approve in writing the transfer of budget amounts between any of the tasks or categories listed below provided the total compensation for Basic Services, including reimbursable expenses, does not exceed $160,186.00 and the total compensation for Additional Services does not exceed $16,000.00. BUDGET SCHEDULE NOTTOEXCEEDAMOUNT Task 1 $2,000 (Project Startup) Task 2 (Preliminary Investigation and Design) $48,672 Task 3 $39,899 (Design Development) Task 4 (95% Construction Documents) $34,832 Task 5 (100% Construction Documents) $13,072 Task 6 $3,400 (Bidding Phase - Support) Task 7 (Construction Phase - Support) $12,150 Professional Services Revised 10/18/07 1 080716 CITY OF PALO ALTO CONTRACT NO. C09126814 Sub-total Basic Services Reimbursable Expenses $154,025 $6,161 Total Basic Services and Reimbursable expenses $160,186 Additional Services (Not to Exceed)$16,000 Maximum Total Compensation REIMBURSABLE EXPENSES $176,186 The administrative, overhead, secretarial time or secretarial overtime, word processing, photocopying, in-house printing, insurance and other ordinary business expenses are included ¯ within the scope of payment for services and are not reimbursable expenses. CITY shall reimburse CONSULTANT for the following reimbursable expenses at cost. Expenses for which CONSULTANT shall be reimbursed are: A. Travel outside the San Francisco Bay area, including transportation and meals, will be reimbursed at actual cost subject to the City ofPalo Alto’s policy for reimbursement of travel and meal expenses for City of Palo Alto employees. B. Long distance telephone cellular phone, facsimile transmission and postage charges are reimbursable at actual cost. All requests for payment of expenses shall be accompanied by appropriate backup information. Any expense anticipated to be more than $200.00 shall be approved in advance by the CITY’s project manager. ADDITIONAL SERVICES The CONSULTANT shall provide additional services onlyby advanced, written authorization from the CITY. The CONSULTANT, at the CITY’s project manager’s request, shall submit a detailed written proposal including a description of the scope of services; schedule, level of effort, and CONSULTANT’s proposed maximum compensation, including reimbursable expense, for such services based on the rates set forth in Exhibit C-1. The additional services scope, schedule and maximum compensation shall be negotiated and agreed to in writing by the CITY’s project manager and CONSULTANT prior to commencement of the services.. Payment for additional services is subject to all requirements and restrictions in this Agreement 080716 Work required because the following conditions are not satisfied or are exceeded shall be considered as additional services: Professional Services Revised 10/18/07 CITY OF PALO ALTO CONTRACT NO. C09126814 a. Revisions to plans subsequent to approval. b.Supplemental unforeseen services as may be required by the City or Contractor. c.Record document preparation. d.Economic analysis. e.Additional meetings, presentations or workshops other than those specifically listed in the scope of services. f.Evaluation or inventorying sites other than the immediate project site. g.Change order document preparation where change order is not necessitated by an error or omission on the plans. h. Expert witness or other legal proceeding services. i.Any other services not specifically indicated in the scope of services. 0g0716 Professional Services Revised 10/18/07 CITY OF PALO ALTO CONTRACT NO. C09126814 EXHIBIT "C-I" HOURLY RATE SCHEDULE HOURLY RATE SCHEDULE - CALLANDER ASSOCIATES POSITION Senior Principal Principal Associate 1 Associate 2 Associate 3 Project Manager 1 Project Manager 2 Project Manager 3 Project Manager 4 Project Manager 5 Construction Manager Assistant 1 Assistant 2 Assistant 3 Assistant 4 Assistant 5 Assistant 6 Word Processor Accounting HOURLY RATE $201 $1ss $150 $139 $12s $139 $12s $120 $113 $1o8 $123 $113 $1o8 $96 $89 $9O $1o5 0807 ! 6 Professional Services Revised 10/18/07 CERTIFICATE OF INSURANCE This certities that [] STATE FARM FIRE AND CASUALTY COMPANY, Bloomington, Illinois []STATE FARM GENERAL INSURANCE COMPANY, Bloomington, Illinois []STATE FARM FIRE AND CASUALTY COMPANY, Scarborough, Ontario []STATE FARM FLORIDA INSURANCE COMPANY, Winter Haven, Florida []STATE FARM LLOYDS, Dallas, Texas insures the following policyholder for the coverages indicated below: Policyholder CALLANDER ASSOCIATES LANDSCAPE ARCHITECTURE, INC. 311 7TH AVENUE; SAN MATEO, CA 94401 & 11180 SUN CENTER DR; RANCHO CORDOVA,Address of policyholder CA 95670 & 325 S IST ST, SAN JOSE, CA 95113 Location of operations SEE ABOVE Description of operations LANDSCAPE ARCHITECTURE The policies listed below have been issued to the policyholder for the policy periods shown. The insurance described in these policies is subject to all the terms exclusions, and conditions of those policies. The limits of liability shown may have been reduced by any paid claims. POLICY PERIOD LIMITS OF LIABILITY POLICY NUMBER TYPE OF INSURANCE Effective Date i Expiration Date (at beginning of policy period) 97-LW-5874-3-G Comprehensive t 10/01/07 i 10/01/08 BODILY INJURY AND Business Liability L i PROPERTY DAMAGE This insurance includes:[] Products - Completed Operations []Contractual Liability []Underground Hazard Coverage []Personal Injury []Advertising Injury []Explosion Hazard Coverage []Collapse Hazard Coverage []Non-Owned AuLo/Any AuLo []Hired Auto EXCESS LIABILITY [] Umbrella [] Other Workers’ Compensation and Employers Liability POLICY PERIOD Effective Date Expiration Date POLICY PERIOD Effective Date ’, Expiration Date 12/30/0"/ i 12/30/08 ,,. Each Occurrence General Aggregate Products - Completed Operations Aggregate $2,000,000 $ 4,000,000 $ 558-994 a.4 11-12-2002 Printed in U.S,A. PROJECT NAME: GREER PARK RENOVATION & PUMP STATION REPLACEMENT PROJECT# P1899 CITY OF PALO ALTO, ITS COUNCIL MEMBERS, OFFICERS AND EMPLOYEES 250 HAMILTON AVENUE. MEZZANINE PALO ALTO, CA 94301 its expiration date, State Farm will try to mail a written notice to the certificate holder 30 days before cancellation. If however, we fail to mail such notice, no oblig,~tion or liability will be imposed on State Farm o~i~,s~ a~nt.~ o~nta.t, ives. Sigr{a~re of Authorized Representative AGENT 07/22/08 Title Date Agent’s Code Stamp Name and Address of Certificate Holder THE CERTIFICATE OF INSURANCE IS NOT A CONTRACT OF INSURANCE AND NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS, EXTENDS OR ALTERS THE COVERAGE APPROVED BY ANY POLICY DESCRIBED HEREIN. ADDITIONAL INSURED If any of the described policies are canceled before LIMITS OF LIABILITY POLICY NUMBER TYPE OF INSURANCE (at beginning of policy period) 195-I017-F30-05 AUTO $i,000,000 Each Accident $ Disease - Each Employee $ Disease - Policy Limit $ BODILY INJURY AND PROPERTY DAMAGE (Combined Single Limit) Each Occurrence $ Aggregate $ Part 1 STATUTORY Part 2 BODILY INJURY IRP3 Policy No.: 97 LW5874 3 SECTION II ADDITIONAL INSURED ENDORSEMENT Policy No.: 97 LW5874 3 Named Insured: CALLANDER ASSOCIATES LANDSCAPE ARCHITECTURE INC FE-6609 Additional Insured (include address): CITY OF PALO ALTO, ITS COUNCIL MEMBERS. OFFICERS AND EMPLOYEES 250 HAMILTON AVENUE MEZZANINE PALO ALTO CA 94301 WHO IS AN INSURED, under SECTION II DESIGNATION OF INSURED, is amended to include as an insured the Additional Insured shown above, but only to the extent that liability is imposed on that Additional Insured solely because of your work performed for that Additional Insured shown above. Any insurance provided to the Additional Insured shall only apply with respect to a claim made or a suit brought for damages for which you are provided coverage. The Primary Insurance coverage below applies only when there is an "X" in the box. Primary Insurance. The insurance provided to the Additional Insured shown above shall be pdmary insurance. Any insurance carried by the Additional Insured shall be noncontributory with respect to coverage provided to you. All other policy provisions apply, FE-6609 Printed in U.S.A. Policy No. 97 LW5874 3 STATE FARM GENERAL INSURANCE COMPANY FE~7315.1 !2/90) BLANK ENDORSMENT This endorsement effective 07/23/2008. the effective hour being the same as that designated in the policy to which this endorsment is attached, forms a part of Policy No. 97 LW5874 3 issued to CALLANDER ASSOCIATES LANDSCAPE ARCHITECTURE INC Loan No. YOUR POLICY IS CHANGED AS FOLLOWS: 1 Insured’s Name 5 2 Insured’s Address 6 3 Effective Date 7 4.Expiration Date 8 Location Construction Mortgagee or Lienholder’s Name Mortgagee or Lienhoider’s Address 9 [] Other (Specify) WAIVER OF TRANSFER RIGHTS OF RECOVERY AGAINST OTHERS NAME OF PERSON OR ORGANIZATION: CITY OF PALO ALTO, ITS COUNCIL MEMBERS, OFFICERS AND EMPLOYEES 250 HAMILTON AVENUE MEZZANINE PALOALTO CA 94301 We waive any right of recovery we may have against the person or organization shown above because of payments we make for injury or damage arising out of your work, as defined in the policy, done under contract with that person or organization. The waiver applies only to the person or organization shown above. All other policy provisions apply. NO CHANGE IN PREMIUM: CHANGE IN PREMIUM: [] INCREASE [] DECREASE ENDORSEMENT PREMIUM:$ FULL TERM PREMIUM FOR ENDORSMENT: $ "Minimum premium applies. The following Form Numbers are attached to and form a part of your policy. The following Form Numbers are voided and no longer form a part of your policy. FE-7315.1(12too)Pdnted in U.S.A To: ROBERT ~I~INTERS From: Ba~ley, Selvy 12-21-07 lO:29am p. 4 of 19 State Farm ..Specialty Products CERTIFICATE OF INSURANCE ISSUE DATE: December 21,2007 Producer Robert Winters ROBERT W WiNTE RS STATEFARMAGENCY ....... 633 South B Street San Mateo, CA 94401-4120 Producer Code #:052810 Producer Fax #.: (650) 375-7055 Named Insured Catlander Associates Landscape Architect Callander Associates 311 Seventh Avenue San Mateo, CA 94401 THIS CERTIFICATE IS ISSUED AS A MATIER 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. INSURER AFFORDING COVERAGE State Farm Fire & Casualty Company BLOOMINGTON, IL COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICY(IES) DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. P©LICY NUMBER POLICY EFFECTIVE DATE POLICY EXPIRATION DATE PS0000000576703 January 1, 2008 January 1,2009 TYPE OF INSURANCE LIMIT OF LIABILITY Architects and Engineers Professional Liability Insurance $1,000,000 -Limit of Liability Each Claim Policy $3,000,000 -Total Limit of Liability RETROACTIVE DATE: UNLIMITED CERTIFICATE HOLDER CITY OF PALO ALTO 250 HAMILTON AVENUE PAL© AL-TO, CA-94301 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TQ MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FA!LURE TO MA!L SUCH NOT!CE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. CERT(Rev4) (01/01 ) Client#: 56 ACORD, o, CERTIFICATE PRODUCER Dealev, Renton & Associates P. O. Box 12675 O ’nd, CA 94604-2675 5"1~ ,65-3090 Callander Associates 311 Seventh Avenue San MateD, CA 94401-4259 OF CALLAASSO1 LIABILITY INSURANCE I07/22108 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. INSURERS AFFORDING COVERAGE ~NSURER A: American Automobile Ins. Co. INSURER B: INSURER C: INSURER D: INSURER E: NAIC # COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PER|OD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO 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 _NTS;~R A D D’I POLICY EXPIRATION_ !NSRI DATE POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY EFFECTIVETYPE OF INSURANCE POLICY NUMBER DATE (MM/DD/YYI GENERAL LIABILITY~C~MfvlERCIAL GENERAL LIABILITY ~CLAIMS MADE [~ OCCUB GEN’L AGGREGATE LIMIT APPLIES PER: ~-] POLICY ~-] PRO-I I JECT i I LOC AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED ~UTOS GARAGE LIABILITY~ANY AUTO EXCESS/UMBRELLA LIABILITY ~ OCCUR E~:] CLAIMS MADE ~DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND WZP80963647 07/01/08 EMPLOYERS’ LIABILITY ANY PROPRIE fOR;PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED’~ H yes. describe tJnderSPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS ) LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Proiect No./Name: P1899/Greer Park Renovation and Pump Station 07/01109 LIMITS EACH OCCURRENCE DAMAGE TO RENTEDPREMISES (Ea 0ccurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMPIOP AGG COMBINED SINGLE LIMIT(Ea accident)$ BODILY INJURY(Per person) BODILY INJURY(Per accideel) PROPERTY DAMAGE (Per accident)$ AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $AUTO ONLY:AGG $ EACH OCCURRENCE $ AGGREG,~TE $ J WC STATU-OTH-X ITORY L MIT$ER E.L EACH ACCIDENT E_L D~SEASE - EA EMPLOYEE E.L DISEASE -POLICY LIMIT s1,000,000 $1,000,000 el,000,000 CERTIFICATE HOLDER City of Pale Alto Attn: Jose Arreola, Contracts Administrator Purchasing and Contracting 250 Hamilton Avenue, Mezzanine Pale Allo, CA 94303 CANCELLATION Tt=,j3_Da_v Notice for Non-Payment of Premium SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CAHCELLED BEFORE THE EXPIRATIOH DATE THEREOF, THE ISSUING INSURER WILL I~i~l~ MAIL ~DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TQ THE LE~,~M~~~ I~R~X AUTHORIZED RE~RESENTATiVE ACO,U COn O A ONACORD 25 (2001/08) 1 of 1 #M230977 Attachment B Certification of Nondiscrimination As suppliers of goods or services to the City of Palo Alto, the firm and individuals listed below certify that they do not discriminate in employment of any person because of race, skin color, gender, age, religion, disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status, weight or height of such person; that they are in compliance with all Federal, State and local directives and executive orders regarding nondiscrimination in employment. 1.If Proposer is INDIVIDUAL/Sole Proprietorship, sign here: Date: Proposer’s Signature Proposer’s typed name and title If Proposer is PARTNERSHIP or JOINT VENTURE, at least (2) Partners or each of the Joint Venturers shall sign here: Partnership or Joint Venture Name (type or print) Date: Date: Member of the Partnership or Joint Venture Mgnature Member of the Partnership or Joint Venture signature 3.If Proposer is a CORPORATION, the duly authorized 0fficer(s) shall sign as follows: The undersigned certify that they are respectively: Principal and Title Title Of the corporation named below; that they are designated to sign the Proposal Cost Form by resolution (attach a certified copy, with corporate seal, if applicable, notarized as to its authenticity or Secretary’s certificate of authorization) for and on behalf of the below named CORPORATION, and that they are authorized to execute same for and on behalf of said CORPORATION. Callander Associates Landscape Architecture, Inc. Corporation Name (type or print~ t3 ] 5/27/08 Title: Principal By:Date: Title: City of Palo Alto --- RFP 126814