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HomeMy WebLinkAboutStaff Report 175-06City of Palo Alto City Manager’s Report TO: FROM: HONORABLE CITY COUNCIL CITY 5~MNAGER DEPARTMENT: PUBLIC WORKS4 DATE:MARCH 20, 2006 CMR: 175:06 SUBJECT:APPROVAL OF CONTRACT WITH BELLECCI & ASSOCIATES INC. IN AN AMOUNT NOT TO EXCEED $172,590 FOR CIVIL ENGI2N’-EERING A~Nq) LANDSCAPE ARCHITECTURE DESIGN SERVICES FOR THE SAN ANTONIO MEDIANS AND STREET IMPROVEMENTS CAPITAL IMPROVEN[ENT PROGRAM (CIP) PROJECT PE-00104 RECOMMENDATION Staffrecommends that the City Council approve and authorize the City Manager or his designee to execute the attached contract with Bellecci and Associates Inc. (Attachment A) in a not to exceed amount of $172,590 for civil engineering and landscape architectural design services for the San Antonio Medians and Street Improvements Capital Improvement Program (C~) Project (PE-00104), including $156,900 for basic services and $15,690 for additional services. BACKGROUND San Antonio Road between Alma Street and Highway 101 contains center and frontage medians and is badly in need of repair and upgrading. The medians are currently planted with Stone Pine trees that have grown too large for the medians and the root systems have reached outside the medians and under San Antonio Road. The root systems have caused extensive damage to the median, sidewalk and curb in many locations. The tree roots have caused uplifted roadways and many costly base failure repairs over the years. The uplifted roadway and curb also interferes with drainage and can cause increased vehicle noise. Many of the trees have already been removed due to structural problems associated with their size and age. Trenching for irrigation in the median islands with the existing Stone Pines is unfeasible as it would destabilize the trees. Other methods of boring and pulling irrigation tubing would be too expensive. The remainder of the landscaping is currently in decline or nonexistent due to broken irrigation systems, damage from cars and gophers. DISCUSSION The scope of work for this project, as identified in CIP PE-00104 San Antonio medians, involves the reconstruction of the medians including replacing trees, irrigation systems, landscaping and curbs as necessary. Professional engineering, landscape and environmental consultant services are needed to: develop a concept plan for renovating the San Antonio Road medians from Alma to Highway 101; CMR:175:06 Page 1 of 3 ¯perform an environmental review, including fulfilling California Environmental Quality Act (CEQA) requirements and public outreach; ¯prepare construction plans and specifications for the first phase from Alma to Middlefield; ¯provide construction administration services for the first phase of construction of San Antonio Road medians from Alma Street to Middlefield Road. Associated street maintenance repair and resurfacing work will be done as part of the Annual Street Maintenance Program as it is a priority in the City’s Pavement Maintenance and Management System. Similarly, the second phase of construction on San Antonio Road from Middlefield Road to Highway 101 would be a jointly coordinated project over the next few years, pending available funds. The project design will include "green" elements such as incorporating water conserving landscaping and sustainable irrigation technology. Replacement of the tree canopy with selections which can better adapt to the existing soil and improvements to the existing planting conditions within the medians are essential to the success of the project and will be addressed during design. Exhibit A includes the complete Scope of Services for the project. A Request for Proposals (RFP) for the project was posted at City Hall, on the City website and mailed to 16 firms on September 20, 2005. The table summarizes the results of the RFP solicitation. Summary of RFP Process RFP Name/Number Proposed Length of Project Number of RFPs Mailed to Contractors Number or RFPs Mailed to Builder’ s Exchanges Total Days toRespond to RFP Pre-Proposal Meeting Number of Company Attendees at Pre- Proposal Meeting Number of Proposals Received: Selected for Interviews Proposal Price Range San Antonio Road Median & Street Improvements #113845 19 months 31 0 35 October 6, 2005 12 5 4 From a low of $156,900 to a high of $337,248 An evaluation committee consisting of staff members from the Public Works Engineering Division, Public Works Operations, and Planning Department reviewed the five proposals received. Four firms were invited to participate in oral interviews on October 6, 2005. The committee carefully reviewed each firm’s qualifications and submittal in response to the selection criteria identified in the RFP. CMR: 175:06 Page 2 of 3 The selection criteria included experience in streetscapes in the Bay Area, project management strengths and qualifications, civil engineering and landscape architecture design capabilities, arborist credentials, environmental assessment and public outreach experience. Bellecci & Associates Inc. was selected because they had the strongest team in all areas, specialized in streetscapes and had superlative references. RESOURCE IIVIPACT Funding for this contract is available in Capital Improvement Project PE-00104 and the Street Maintenance Capital Improvement Program PE-86070. POLICY IMPLICATIONS This recommendation does not represent any change to existing City policies. TIMELINE The timeline for this project is included in Exhibit B of the Contract. ENVIRONMENTAL REVIEW This project is essentially infrastructure replacement of the medians, and road repair and will not include redesign of roadway alignment. Trees to be removed and visual and other impacts will be identified as part of an environmental assessment, including an arborist report and a construction management plan. Appropriate CEQA review will be performed following selection of a preferred conceptual plan for the project. ATTACHMENTS Attachment A: Contract PREPARED BY: DEPARTMENT HEAD: KA)’E--ROONt~Y - Project Manager GLENN S. ROBERTS Director of Public Works CITY MANAGER APPROVAL: HARRISON Assistant City Manager CMR:175:06 Page 3 of 3 CITY OF PALO ALTO CONTRACT NO.C06113845 AGREEMENT BETWEEN THE CITY OF PALO ALTO AND BELLECCI &ASSOCIATES, INC. FOR: SAN ANTONIO ROAD MEDIAN AND STREET IMPROVEMENTS This AGREEMENT 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 Bellecci & Associates, Inc., a California corporation !ocated at 4695 Chabot Drive, Suite 112, Pleasanton, CA 94588 (CONSULTANT,’). RECITALS The following recitals are a substantive portion of this Agreement. A. CITY intends to construct new medians and repair roads along San Antonio Road from Alma Street to the i01 interchange ("Project") and desires to engage a consultant to provide complete civi! engineering and landscape design services, and public outreach in connection with the Project (~Services") . B. CONSULTANT has represented that it and any subconsultants have the necessary professiona! 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. D. CONSULTANT has agreed to perform the Services on the terms and conditions contained in this Agreement. NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, this Agreement, the parties agree: AGREEMENT SECTION I. 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, unless terminated earlier pursuant to Section 21 of this Agreement. 050310 1 CITY OF PALO ALTO CONTRACT N0.C06113845 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 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 fifty-six thousand nine hundred Dollars ($156,900.00). In the event Additional Services are authorized, the total compensation for services and reimbursable expenses shall not exceed one hundred seventy-two thousand five hundred ninety Dollars ($172,590.00). 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 shal! not receive any compensation for Additiona! 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"). If applicable, 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. Send all invoices to the CITY attention the Project Manager. The Project Manager is: Kate Rooney, Dept.: Public Works, Engineering Division, P.O. BOX 10250, Palo Alto, CA 94303, Telephone: 650-617-3127. 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 050310 CITY OF PALO ALTO CONTRACT N0.C06113845 experience to perform the Services assigned to them. CONSULTANT represents that it, its employees and subconsultants 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 ski!l engaged in related work throughout California under the same or similar circumstances. SECTION 7. COMPLIANCE WITH LAWS. CONSULTANT shal! 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 CONSULTANT shall report immediately to the CITY’s project manager, in writing, any discrepancy or inconsistency it discovers in the laws, ordinances, regulations, orders, and/or guidelines in relation to the Project of the performance of the Services. All documentation prepared by CONSULTANT shall provide for a completed project that conforms tO all applicable codes, rules, regulations and guidelines that are in force at the time such documentation is prepared. 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. 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 I0. 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 050310 3 CITY OF PALO ALTO CONTRACT NO.C06!!3845 labor and/or materials under this Agreement, shall act as and be an independent contractor and not an agent or employee of the CITY. The manner and means of conducting the Services are the responsibility of and under the control of CONSULTANT, except to the extent they are limited by applicable law and the express terms of this Agreement. CONSULTANT will be responsible for employing or engaging all persons necessary to perform the Services. All contractors and employees of CONSULTANT are deemed to be under CONSULTANT’S exclusive direction and contro!. CONSULTANT shall be responsible for their performance. SECTION II. 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 !i above, CITY agrees that subconsultants may be used to complete the Services. The subconsultants authorized by CITY to perform work on this Project are: I.Gates & Associates (Landscape Architects, Public Outreach) 2.Geier & Geier (Environmental Compliance) 3.Arbor Resources - David Babby (Arborist) CONSULTANT shall be responsible for directing the work of any subconsultants and for any compensation due to subconsultants. CITY assumes no responsibility whatsoever concerning such compensation. CONSULTANT shall be fully responsible to CITY for all acts and omissions of a subconsultant. CONSULTANT shall change or add subconsultants only with the prior approval of the city manager or his designee. SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Daniel Leary as the project director to have supervisory responsibility for the performance, progress, and execution of the Services and Daniel Leafy also as the project coordinator to represent CONSULTANT during the day-to-day work on the Project. If circumstances or conditions subsequent to the execution of this Agreement 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 050310 4 CITY OF PALO ALTO CONTRACT NO.C06113845 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 manager will represent CITY for all purposes under this Agreement. Kate Rooney is designated as the project manager for the CITY and will be assisted by -Elizabeth Ames, the Project Engineer. 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. DUTIES OF CITY. To assist CONSULTANT in the performance of the Services, CITY will furnish or cause to be furnished the specified services and/or documents described in Exhibit "A" and such other available information as may be reasonably requested by CONSULTANT. SECTION 15. OWNERSHIP OF MATERIALS. 15.1. All drawings, plans, reports, specifications, calculations, documents, other materials and Copyright interests (including all copyrightable interests arising under the 1990 Architectural Works Copyright Protection Act) developed or discovered by CONSULTANT or any other person engaged directly or indirectly by CONSULTANT to perform the services required hereunder shall be and remain the property of CITY without restriction or limitation upon their use. 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. 15.2. In addition to the provisions of Subsection 15.1., above, the fol!owing shall apply to al! plans, drawings, specifications, and related reports and documents, and electronic equivalents (collectively "Plans") developed pursuant to this Agreement: 15.1.1. CITY shall have the right to reproduce and use the Plans forpurposes of the Project that is the subject of this Agreement, including, but not limited to, any use associated with construction, reconstruction, modification, management, maintenance, and renovation of the Project. 15.2.2. CITY shall have the right to reproduce, use and modify the PLANS, or portions thereof, in the design and construction of any other future CITY project. CITY acknowledges that CONSULTANT does not warrant the suitability of the PLANS for reuse other than as needed for the Project that is the subject of this AGREEMENT. 0503105 CITY OF PALO ALTO CONTRACT N0.C06113845 15.2.3. The right of the CITY to modify and reuse the PLANS pursuant to this Subsection 15.2. is subject to the provisions of California Business and Professions Code Sections 5536.25, 6735, 6735.3 or 6735.4, whichever is applicable. SECTION 16. 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 17. INDEMNITY. In the performance of professional services under this Agreement, the Consultant, to the fullest extent permitted by law, shall protect, indemnify, hold harmless, release and defend City, its Council members, officers, employees and agents from and against any and al! 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 and other defense costs) to the extent caused by the negligent acts, errors, or omissions, or willful misconduct of CONSULTANT, its officers, employees, agents or contractors, or conduct for which applicable law may impose strict liability on CONSULTANT, in the performance of or failure to perform professional services under this Agreement. Other than in the performance of professional services and to the fullest extent permitted by law, Consultant shall protect, indemnify, hold harmless, release and defend City, its Council members, officers, employees and agents 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 and other defense costs) arising out of connected with, or attributable in whole or in part to the acts, errors, or omissions for which the Consultant is legally liable, including those of its officers, employees, agents, and consultants, in the performance of this agreement The acceptance of CONSULTANT’s services and duties by CITY shall not operate as a waiver of the right of indemnification. The provisions of this Section 17 shall survive the expiration or early termination of this Agreement. SECTION 18. 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, 050310 CITY OF PALO ALTO CONTRACT NO.C06113845 provision, ordinance or law. SECTION 19. INSURANCE. 19.1.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 the City of Palo Alto as an additional insured under any general liability or automobile policy or policies. 19.2.All insurance coverage required hereunder shall be provided through carriers with Best’s Key Rating Guide ratings of A-:VII or higher which are admitted 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, identica! insurance coverage, naming CITY as an additiona! insured under such policies as required above. 19.3.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. 19.4.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 20. WORKERS’ COMPENSATION. CONSULTANT, by executing this Agreement, certifies that it is aware of the provisions of the Labor Code of the State of California which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and certifies that it will comply with such provisions, as applicable, before commencing and during the performance of the Services. 050310 7 CITY OF PALO ALTO CONTRACT N0.C06113845 SECTION 21.TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES. 21.1.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 (I0) days’ prior written notice thereof to CONSULTANT. Upon receipt of such notice, CONSULTANT will immediately discontinue its performance of the Services. 21.2.CONSULTANT may terminate this Agreement or suspend its performance of the Services by giving ten (I0) days prior written notice thereof to CITY, but only in the event-of a substantial failure of performance by CITY. 21.3.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. 21.4.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., I0 days after giving notice) of suspension or termination; provided, however, if this Agreement is suspended or terminated on account of a default by CONSULTANT, CITY will be obligated to compensate CONSULTANT only for that portion of CONSULTANT’s services which are of direct and immediate benefit to CITY as such determination may be made by the City Manager acting in the reasonable exercise of his/her discretion 21.5. 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 22.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 050310 CITY OF PALO ALTO CONTRACT NO.C06113845 SECTION 23. CONFLICT OF INTEREST. 23.1.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. 23.2.CONSULTANT further covenants that, in the performance of this Agreement, it wil! 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 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. 23.3. 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 24. NONDISCRIMINATION. As set forth in Palo Alto Municipal Code section 2.30.510, CONSULTANT agrees 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 Chapter 2.28 of the Palo Alto Municipal .Code relating to Nondiscrimination Requirements and the penalties for violation thereof, and agrees to meet all requirements of Chapter 2.28 pertaining to nondiscrimination in employment, including completing the form furnished by CITY and set forth in Exhibit "E". SECTION 25. MISCELLANEOUS PROVISIONS. 25.1. This Agreement will be governed by the laws of the State of California. 25.2.In the event that an action is brought, the parties agree that trial of such action wil! be vested exclusively in the state courts of California or in the United States District Court for the Northern District of California in the County of Santa Clara, State of California. 25.3.The prevailing party in any action brought to enforce the provisions of this Agreement may recover its reasonable costs and attorneys’ fees expended in connection with that action. 050310 CITY OF PALO ALTO CONTRACT N0oC06113845 25.4.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. 25.5.The covenants, terms, conditions and provisions of this Agreement wil! apply to, and will bind, the heirs, successors, executors, administrators, assignees, and CdNSULTANTs, as the case may be, of the parties. 25.6.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. 25.7.All exhibits referred to in this Agreement and any addenda, appendices, attachments, and schedules to this Agreement which, from time to time, may be referred to in any duly executed amendment hereto are by such reference incorporated in this Agreement and will be deemed to be a part of this Agreement. 25.8.This Agreement. is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code. This Agreement will terminate without any penalty (a) at the end of any fisca! 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 25.8 shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Agreement. i0 050310 CITY OF PALO ALTO CONTRACT N0.C06113845 IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement on the date first above written. APPROVED AS TO FORM:CITY OF PALO ALTO Senior Asst. City Attorney APPROI/ED: Director of Administrative Services Assistant City Manager BELLECCI & ASSOCIATES,INC. ¯ (If corpora: Present or Vice-President) Name: Taxpayer Identification No. (Compliance with Corp. Code § 313 is required if the entity on whose behalf this contract is signed is a corporation. In the alternative, a certified corporate resolution attesting to the signatory authority of the individuals signing in their respective capacities is acceptable) Attachments : EXHIBIT "A" : EXHIBIT "B" ¯ EXHIBIT "C" ¯ EXHIBIT "D" : EXHIBIT "E" ¯ SCOPE OF WORK SCHEDULE OF PERFORMANCE COMPENSATION INSURANCE NONDISCRIMINATION COMPLIANCE FORM 050310 II IB/24/2885 iI~: 13 9256854838 BELLECCi AND ASSOC PAGE B :Lt.ECC & ASSOC AW :S, iSC. CIVIL ENG’f~EERING ¯ LAND PLANNING ¯LAND SU-R.VEY!NG CORPORATE RESOLUTION A special ineeting was held on Monday, February 2, 2004, by the Board of Directors of Bellecci & Associates, Inc. (Corporation). All of the directors were present mad waived notice of the meeting as evidenced by their signatures. After discussion a~d upon a motion duly made and passed, effective February 2, 2004, and until such date as further amended by corporate resolution, it was decided by a unanimous vote that, BE IT RESOLVED that I) the follo,,~ng officers are hereby authoized to sign all contracts and documents on behalf of the Corporation: Frank C. Bellecci, President Daniel C. Leary, Vice President and 2) that on]y one of the above corporate officer’s signature shall be required on all contracts and documents. There being no further business, the meeting was adjourned. F;~r~k Ci Bellecx~, President Daniel C. Leary, Secretary Board of Directors: C. Bellecci Daniel C. Lear5, CONCORD 2290 Diamond Boulevard, Suite 100 Conc~rd, CA 0,1-520 Tel. ~J25-fi.~5-4569 Fax 925-685-483~ PLEASANTON 2340 Santa Rita Road. Sute 6 Pleasanton, CA 94566 Tel. 925-681-4885 Fax 925-d90-734(~ EXHIBIT A SCOPE OF WORK San Antonio Medians and Street Improvements GENERAL INFORMATION The Public Works Department is seeking consultant services to provide design and construction services for improvements to remove and replace landscape medians and repair uplifted street sections along San Antonio Road from Highway 101 to Alma Street including all frontage roads along San Antonio Road. Medians are primarily designed to regulate traffic, provide attractive landscape, buffer surrounding residents from traffic impacts and provide welcoming gateways. The San Antonio medians and frontages have fallen into disrepair and are creating road damage as a result of age and tree root growth under the median curbs and pavement. The Consultant shall examine the site and carefully determine all repairs needed and include cost estimates, preliminary (conceptual) and final design, and construction documents for the project. To comply with the California Environmental Quality Act (CEQA), an environmental assessment (Initial Study) for the improvements along the entire San Antonio Road and frontages shall be required as part of this scope of work with the anticipation that a mitigated negative declaration will be required. If an EIR is required, it shall be negotiated and authorized as an additional service by contract amendment to the Contract. The work will be scheduled over multi-year construction phases in an effort to minimize construction impacts. The first phase of construction is expected along San Antonio Road from Alma Street to Middlefield Road, including improvements to all frontage roads bounded by this area. 2.DESCRIPTION OF PROJECT This project includes meeting with the staff and public, facilitating meetings and presenting informational materials to neighborhood groups, Commissions and Boards, incorporating staff and public comments to assist in the development of the design and construction documents. The Consultant shall prepare the associated design documents required to complete the environmental assessment of the entire road, frontages and medians along San Antonio Road from Alma Street to the Highway 101 interchange. In addition, the construction documents and services for the first construction phase shall include but not be limited to preparation of design, bid documents, construction drawings, details, and specifications for repairs along San Antonio Road and frontages from Alma Street to Middlefield Road. The project shall include removal and replacement of the irrigation, landscaping, damaged median curbs and uplifted street sections along the entire San Antonio City of Palo Alto - Contract C06113845 Page 1 of 8 EXHIBIT A Road and frontage medians and intersections, including the removal of the large Stone Pines. Replacing the median curbs in-kind in the same location to reduce cost is desired. The development of conceptual plans, preparing an Arborist report, required special studies and CEQA initial study checklist for the environmental assessment and certification for the entire San Antonio project is required. The Consultant shall prepare final design, construction plans and specifications for the first phase only. The City has the option of retaining the consultant for the remaining phases, as additional funds are approved. 3.CITY’S INTENT AND COUNCIL APPROVED SCOPE OF WORK Council has approved the following scope of work for the project: Develop a preliminary design for tree and landscape median replacement along San Antonio Road from the 101 interchange to Alma Street. The preliminary design will include the following: Conceptual landscape plans and profiles of various locations along San Antonio Road ¯Site and preliminary demolition plans pavement replacement ¯ Technical studies including management plan ¯Preparation and certification compliance with the CEQA Cost estimate and schedule showing curb, gutter, and arborist report and construction of the environmental assessment in The final design and construction phases will include the following for the Alma Street to Middlefield Road Phase of the project: ¯Finalize demolition, landscape, irrigation plans and specifications ¯Public meetings ¯Finalize cost estimate and schedule ¯Prepare final bid documents ¯Construction services, testing and inspection As part of the preliminary design and environmental assessment process, identification of trees to be removed, visual and other impacts will be identified. Community meetings and a mitigated negative declaration is anticipated for this maintenance project. The project’s final design and construction will be completed in phases and continue several years in coordination with the annual street maintenance project. 4.DETAILED SCOPE OF WORK The Project scope of work shall consist of the following tasks: City of Palo Alto - Contract C06113845 Page 2 of 8 EXHIBIT A TASK 1. 2. o TASK 1. A Site Analysis and Preparation of Site Plans The Consultant shall review and analyze the existing data augmented by discussion with City staff including review City provided information. The Consultant shall provide a site investigation including observation and research, identifying all utilities, easements, right-of-way and median locations and soil conditions. Consultant shall augment the City survey data by surveying to verify and obtain additional spot elevations of curb and gutter, flow lines, sidewalks, edge of pavement way and drainage structures as necessary within the public right-of-way from the 101 interchange to Alma Street along San Antonio Road and frontages. The Consultant shall develop site plans and cross sections showing existing and new grades, topography, location of trees, utilities, lighting and structures including intersections, road frontages and medians, areas of uplifted curb and road conditions, invert elevations and direction of flow to storm drains in the project area. Plans shall be in AutoCAD 2004 format. Consultant shall provide 2 sets (1 draft/1 final) - 24" x 36" sheets of consecutive plan views of roadway, including frontage and center medians and roads to sidewalk edges, and including Alma Street Highway 101 interchange at scale 1" = 200’. The Alma Street intersection should include the south portion within Mountain View including the portion of City property on the Mayfield site. Consultant survey and Base Mapping - for the work described above, Bellecci will perform 4 days of field surveying and 8 days of office surveying to supplement the City provided base map. The City topography combined with the field survey information will serve as the Project Topographic Base Map. Survey Control will be provided to the design team in both the hard copy and electronic version. Consultant will distribute project base mapping to all design team members and make accessible readily upon each design stage. This topographic base map will be the uniform "x-reference" for all design work. Topographic base mapping will be updated for all subconsultants at the beginning of each design phase. Consultant shall provide a 2 page technical report summarizing findings. B Special Studies, Environmental Assessment and Certification Consultant shall review, analyze and identify potential environmental impacts of the project, including but not limited to, removing and replacing trees including the Stone Pines and vegetation within the center and frontage medians, and the Stone Pines in the southern sidewalk strip causing large uplift in the pavement areas adjacent to the sidewalks, demolishing curb, gutter and pavement areas uplifted by tree roots, visual, tree canopy and construction impacts within the public right-of-way from the Highway 101 to Alma Street along San Antonio Road and frontages. City of Palo Alto - Contract C06113845 Page 3 of 8 EXHIBIT A 2.Consultant shall augment the City’s tree survey and prepare an arborist report, per the City’s Tree Technical Manual available at the Civic Center 250 Hamilton Avenue on the 6th Floor, Public Works Engineering Division. 3.Consultant shall develop requirements of a Construction Management Plan including a mitigation monitoring plan. Consultant shall prepare a construction management plan that considers impacts during construction, including but not limited to, parking, noise, utility and street lighting adjustments and temporary relocations, vehicle and pedestrian impacts, construction phasing and the identification of the construction mitigation measures. These requirements shall be developed in cooperation with City staff, and shall reflect City policies and procedures as applied to large or complex projects. 4. The consultant shall prepare an environmental assessment in accordance with CEQA to the satisfaction of the Director of Planning and Community Environment. City Staff (Planning and Community Environment) will determine the appropriate CEQA clearance based on the findings of the Initial Study. Consultant shall provide 10 copies (5 draft/5 final) of the complete environmental assessment for City distribution. If mitigations are required for the project, the Consultant will also prepare a mitigation monitoring and reporting program (MMRP) to the satisfaction of the Director of Planning and Community Environment that will be adopted by the City in conjunction with the CEQA clearance document. TASK 1. o C Preliminary Design (Concept Designs) and Cost Estimates The Preliminary design includes the entire length of San Antonio Road and frontages from the Highway 101 to Alma Street. Consultant shall work with City to provide expectations and design criteria before developing alternatives acceptable to the City. Consultant shall develop sustainable opportunities in the project with City staff consultation, and consider use of drought tolerant plant material, recycled products, and water conserving irrigation controller technology and other design ideas and criteria for the project. Consultant shall prepare and finalize 2 alternative concept designs dependent on the staff and public input process. Consultant shall utilize City’s plant palette as part of one alternative and modify as necessary. Each alternative concept shall include a unique plant palette as follows: (1 draft/1 final concepts) - 24" x 36" elevation and plan color renderings of typical median; and (1 draft/1 final concepts) - 24"x 36" plan color renderings of the Alma interchange. Consultant shall develop cost estimates for each alternative concept over a multi-year period as follows: 10 (5 draft/5 final estimates) for phase one construction in 2006; and 10 (5 draft/5 final estimates) for remaining phases of construction in outer years including inflation. City of Palo Alto - Contract C06113845 Page 4 of 8 EXHIBIT A The Consultant shall recommend the selection of one preferred alternative that will involve several public meetings and decisions based on cost, outcome of CEQA environmental review process and mitigations, design criteria and majority acceptance of the concept and plant palette. The Consultant shall prepare and review with City staff a final 2 page report recommending a design that contains the rational for selecting the preferred design, consensus and outcome of public meetings, summary of environmental findings, design criteria, both concept plan alternatives, delineation of construction phases, temporary relocation of street lighting and estimates for each phase. Consultant shall provide ten (10) copies (5 draft/5 final) of each report. TASK 1. D Final Design and Cost Estimates The final design (phase one) includes only the first phase of the project along San Antonio Road and frontages from Alma Street to Middlefield Road. After the City approves the preferred design, the Consultant shall prepare and submit draft design documents including 50% and 90% final plans, specifications and cost estimates for review and comment by City staff. Five (5) copies of each submittal at 50% and 90% shall include the following documents: a. Title Sheet and Site Plan b. Existing Conditions and Demolition Plans c. Drainage Plans d. Irrigation and Utility Plans e. Landscape Plans f. Construction Management Plan g. Storm Water Pollution Prevention Plan h. Construction Details and Typical Cross Sections i. Technical specifications j. Total Project Cost estimates The Consultant shall utilize soil testing results obtained by the City’s testing firm in developing the planting soil specifications. Consultant shall obtain comments from City staff incorporating changes for each submittal and provide value engineering to meet budget constraints. TASK 1. E Construction Documents and Bid Support Consultant shall develop all construction plans, details, specifications and a construction cost estimate based on completion of Task D including incorporation of all review comments and value engineering decisions. As part of the Construction Documents, the Consultant shall prepare a Construction Management Plan. This plan shall address, at a minimum, project schedule restrictions, working hours, noise control, traffic control, City of Palo Alto - Contract C06113845 Page 5 of 8 EXHIBIT A TASK 1. TASK construction phasing, material delivery and storage areas, construction vehicle parking, protection of existing facilities, clean-up and maintenance, temporary utility and lighting relocations and coordination. Consultant shall provide one signed set (1 draft/1 final) of 100% bid documents .including technical specifications, details, plans and estimates for review and comment by City staff. Project specifications shall be in CSl format. Consultant shall incorporate staff comments and changes to the bid documents, including but not limited to, selection of bid items and add alternates. Consultant shall assist staff in bid document preparation, answering questions and providing addendum specification and plan changes as necessary during the one month bidding process. Consultant shall provide one (1) unbound reproducible set of bid and construction documents (complete plans and specifications) that includes incorporating addendum changes for City’s distribution. F Construction Services Consultant shall perform periodic, on average weekly, inspections, construction observation, document field changes and detail changes, review of submittals and issuance of design clarification and respond to requests for information. Based on the 90 day project schedule, it is estimated that these will be 13 construction meetings total. Consultant shall attend one final inspection, and review and comment on the punchlist. After completion and acceptance of the phase one construction project, the Consultant shall prepare As-Built record drawings including one copy of the AutoCAD.dwg format called a Metadata file that includes the date, company name, contract information and technician who prepared them. The technical project specifications shall be in current version of MS Word document files. G Project Schedule & Meetings For Preliminary and Final design meetings are as follows: the development of schedule and 1.Consultant shall meet with City Staff to develop project schedule and work plan with a total of (12) meetings including the kick-off meeting. 2.Consultant shall provide project administration including schedule tracking and updates, agenda, meeting minutes, document preparation, revise plans and cost estimates. 3. Consultant shall facilitate a total of (7) Public Meetings (four meetings during preliminary design and three meetings during final design) and (2) Board or Commission meetings and (!) City Council meeting during preliminary design. Consultant will prepare presentation materials, City of Palo Alto -Contract C06113845 Page 6 of 8 EXHIBIT A present two concept designs, and ultimately a preferred design with proiect justifications, phasing, and estimates and solicit feedback from the public. These meetings include the landscape architect’s and arborist’s participation as well as the prime consultant. Consultant shall also present preliminary and final plans to solicit feedback from the public and incorporate changes as necessary after concept design is approved by staff, board, commissions and City Council. For Construction Services the meetings are as follows: During the phase one construction, attendance of a pre-construction meeting and weekly construction progress meetings is required. 5. ADDITIONAL COMPENSATION SERVICES: SUBJECT TO ADDITIONAL Additional services may be required and services are subject to project manager approval. Examples of services are as follows: ¯Additional meetings with ARB, Council and the public and associated materials ¯additional plan drawings and revisions ¯working models ¯surveying ¯drainage and temporary utility relocation design ¯pavement design ¯preparation of CEQA documents beyond a mitigated negative declaration, if needed 6.INFORMATION and SERVICES PROVIDED BY THE City of Palo Alto The City will provide the following during the design phase: ¯Preliminary survey of the entire roadway with tree inventory; ¯1 concept plant palette; ¯Public Works Engineering Department preliminary plan for phasing of project including street resurfacing and curb and gutter work; ¯City standard construction details and technical specifications for irrigation work, asphalt, concrete, sidewalk, curb and gutter, tree planting, landscaping and median details in AutoCAD 2004; ¯City technical specifications and Palo Alto Tree Technical Manual; ¯Initial study checklist form; ¯City GIS information such as approximate locations of property lines, utility mains, curb and gutter, sidewalk and easements within the City of Palo Alto; ¯City’s site survey in AutoCAD of the curb, gutter and edge of pavement elevations; City of Palo Alto - Contract C06113845 Page 7 of 8 EXHIBIT A ¯City staff shall organize and publicize meetings; ¯City staff shall assist in obtaining design comments and plant palette comments from City staff; ¯City shall hire a testing agency to perform soil testing and analysis of existing soils, compaction tests, and concrete and asphalt analyses, providing test reports to the Consultant. ¯City will review and determine complete the Initial Study. City will issue Notice of Intent to adopt a negative declaration, if applicable. ¯City will prepare and circulate draft Mitigated Negative Declaration or Negative Declaration, if applicable ¯City will file NOD upon project approval. The City will provide the following during the Bid and Construction phase: ¯City shall advertise, provide bidders list, assist in obtaining bid document review comments and reproduce copies of bid and construction documents to contractors. ¯City shall hire a testing firm for quality control testing of concrete, asphalt, soil compaction. ¯City shall provide general and supplementary conditions and City’s boilerplate specifications (work hours, duration, truck routes, etc.) Consultant is responsible for reviewing and verifying all supplied information. City of Palo Alto - Contract C06113845 Page 8 of 8 CITY OF PALO ALTO CONTRACT NO.C06113845 EXHIBIT "B" SCHEDULE OF PERFORMANCE CONSULTANT shall perform the Services so as to complete each milestone within the number of weeks 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 Number of Weeks From NTP 1. Task A- Site Analysis 3 2. Task B - Special Studies 17 3. Task C - Preliminary Design 10.5 4. Task D - 50% Construction Documents 22 5. Task D - 90% Construction Documents 31 6. Task E - Final Construction Documents 38 7. Task F - Construction Starts 54 8. Construction Complete 70 050310 1 CITY OF PALO ALTO CONTRACT N0.C06113845 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 notto 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 $156,900.00. 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 $172,590.00. 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 CITY. 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 $156,900.00 and the total compensation for Additional Services does not exceed $15,690.00. BUDGET SCHEDULE Task 1 (Site Analysis & preparation of site plans) NOT TO EXCEED AMOUNT $2O,OOO Task 2 $19,200 (Specific Studies, Environmental Assessment & Certification) Task 3 $30,000 (Preliminary Design, Concept Design & Cost Estimates) Task 4 (Final Design & Cost Estimates) $2g,000 Task 5 (Const~ction Documents & Bid Support) $15,000 Task 6 $9,000 (Constm~ion Services) Task 7 $34,700 (Pr~e~ Meetings) 050310 CITY OF PALO ALTO CONTRACT NO.C06113845 Sub-total Basic Services & Reimbursable Expenses Total Basic Services and Reimbursable expenses Additional Services (Not to Exceed) MAXIMUM TOTAL COMPENSATION REIMBURSABLE EXPENSES $156,9OO $15,690 $156,900 $172,590.00 CITY shall reimburse CONSULTANT for reimbursable expenses at cost plus 10%. Expenses for which CONSULTANT shall be reimbursed are: A:Travel outside the San Francisco Bay Area. Not to exceed 44.5 cents/mile. B.Costs of printing formal submissions (use those from rate sheet). C.Courier and long distance telephone charges. D.Mark-up on subcontractors not to exceed 7.5%. All requests for payment of expenses shall be accompanied by appropriate backup information. Any expense anticipated to be more than $1,000.00 shall be approved in advance by the CITY’s project manager. ADDITIONAL SERVICES The CONSULTANT shall provide Additional Services only by 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 CONS U LTANT prior to commencement of the services. Payment for additional services is subject to all requirements and restrictions in this Agreement 050310 CITY OF PALO ALTO CONTRACT N0.C06113845 EXHIBIT "C-1" HOURLY RATE SCHEDULE (Bellecci & Associates, Inc.) Principal Senior Project Manager Professional Engineer Senior Designer Designer Junior Designer Planner Clerical Professional Land Surveyor Survey Coordinator Survey Technician Flag Person 2-Man Survey Party 3-Man Survey Party 2-Man GPS Survey Crew $178 $148 $140 $112 $100 $90 $120 $48 $140 $116 $90 $72 $198 $276 $258 050310 CITY OF PALO ALTO CONTRACT N0.C06!13845 EXHIBIT "C-1" HOURLY RATE SCHEDULE (Geier & Geier Consulting, Inc.) Principal Associate Graphics Clerical $120 $90 $6O $5O 050310 2 CITY OF PALO ALTO CONTRACT N0.C06!13845 EXHIBIT "C-1" HOURLY RATE SCHEDULE (Arbor Resources) Consultinq Services Site Investigation (one hour minimum) Office Time (document preparation and review, phone consultation) Attend Public Hearings and Meetings (one hour minimum) $150 $150 $250 3 050310 CITY OF PALO ALTO CONTRACT NO.C06113845 EXHIBIT "C-1" HOURLY RATE SCHEDULE (Gates & Associates) President Principal Senior Associate Irrigation Designer Associate Draftpersons/Landscape Designer Clerical Staff $175 $115-$150 $100-$120 $105 $85-$100 $70-$85 $65-$75 4 050310 (TO BE REPLACED BY ACTUAL CERTIFICATE OF INSURANCE AS EXHIBIT D) INSURANCE REQUIREMENTS CONTRACTORS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITH A BEST’S KEY RATING OF A-:VII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA. AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AS SPECIFIED, BELOW: MINIMUM LIMITSREQUIREDTYPE OF COVERAGE YES WORKER’S COMPENSATION YES AUTOMOBILE LIABILITY YES YES YES COMPREHENSIVE GENERAL LIABILITY, INCLUDING PERSONAL INJURY, BROAD FORM PROPERTY DAMAGEBLANKETCONTRACTUAL, AND FIRELEGALLIABILITY COMPREHENSIVE AUTOMOBILE LIABILITY, INCLUDING, OWNED, HIRED, NON-OWNED REQUIREMENT STATUTORY STATUTORY BODILYINJURY PROPERTY DAMAGE BODILYINJURY & PROPERTY DAMAGE COMBINED. BODILYINJURY EACH PERSON EACH OCCURRENCE PROPERTY DAMAGE BODILYINJURY AND PROPERTY DAMAGE, COMBINED EACH OCCURRENCE $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 AGGREGATE $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 PROFESSIONAL LIABILITY, INCLUDING, ERRORS AND OMISSIONS, MALPRACTICE (WHEN APPLICABLE), AND NEGLIGENT PERFORMANCE ALL DAMAGES $1,000,000 THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: PROPOSER, AT ITS SOLE COST AND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY PROPOSER AND ITS SUBCONSULTANS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’ COMPENSATION, EMPLOYER’S LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSURES CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES. 1.INSURANCE COVERAGE MUST INCLUDE: A PROVISION FOR A WRITTEN THIRTY DAY ADVANCE NOTICE TO CITY OF CHANGE IN COVERAGE OR OF COVERAGE CANCELLATION; AND A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONTRACTOR’S AGREEMENT TO INDEMNIFY CITY -SEE SECTION 18, SAMPLE AGREEMENT FOR SERVICES. II.SUBMIT CERTIFICATE(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE, OR COMPLETE THIS SECTION AND IV THROUGH V, BELOW. A.NAME AND ADDRESS OF COMPANY AFFORDING COVERAGE (NOT AGENT OR BROKER): B.NAME, ADDRESS, AND PHONE NUMBER OF YOUR INSURANCE AGENT/BROKER: C.POLICY NUMBER(S): City of Palo Alto CONTRACT C06113845 Page 1 of 2 (TO BE REPLACED BY ACTUAL CERTIFICATE OF INSURANCE AS EXHIBIT D) INSURANCE REQUIREMENTS D.DEDUCTIBLE AMOUNT(S) (DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITY’S PRIOR APPROVAL): III. IV. Vo AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AND PROPOSER’S SUBMITTAL OF CERTIFICATES OF INSURANCE EVIDENCING COMPLIANCE WITH THE REQUIREMENTS SPECIFIED HEREIN. ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO "ADDITIONAL INSURES" A.PRIMARY COVERAGE WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTINGWITH ANYOTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSURES. B.CROSS LIABILITY THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSURES UNDER THE POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY. C.NOTICE OF CANCELLATION IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER THAN THE NON-PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRI’FTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITYAT LEAST A TEN (10) DAY WRI’I-i-EN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. PROPOSER CERTIFIES THAT PROPOSER’S INSURANCE COVERAGE MEETS THE ABOVE REQUIREMENTS: THE INFORMATION HEREIN IS CERTIFIED CORRECT BY SIGNATURE(S) BELOW. SIGNATURE(S) MUST BE SAME SIGNATURE(S) AS APPEAR(S) ON SECTION II, ATTACHMENT A, PROPOSER’S INFORMATION FORM. Signature: Name: Signature: (Pdnt or type name) (Pdnt or type name) Name: NOTICES SHALL BE MAILED TO: PURCHASING AND CONTRACT ADMINISTRATION CITY OF PALO ALTO P.O. BOX 10250 PALO ALTO, CA 94303. City of Palo Alto CONTRACT C06113845 Page 2 of 2 EXHIBIT E Certification of Nondiscrimination As suppliers of goods or services to the City of Pale 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, disabilily, national origin, ancestry, sexual orientation, ;’lousing stalus, marital status, familial slalus, weight or lleighl of such person; [hat they are in compliance wilh all Federal, State and local direclives and executive orders regarding nondiscrimination in employment. 1.If Proposer is INDIVIDUAL, sign here: Dale: Proposer’s Signature Proposer’s typed name and title If Proposer is PARTNERSHIP or JOINT VENTURE, at least (2) Partners or each of Ihe Joint Venturers shall sign here: Partnership or Joint Venture Name (type or prinl) Date: Date: Member of the Partnership or Joint Venture signature Member of tile Parlnership or Joint Venture signature If Proposer is a CORPORATION, the duly aulhorized officer(s) shall sign as follows: 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 (Jr Secretar~;’s certificate of aulhorization) for and on behalf of the below named CORPORATION, and that they a~e authorized to execute same for and on behalf of said CORPORATION. uorporain Name (type or print) , Title: City of Pale Alto- RFP1t3845