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Staff Report 353-10
TO: FROM: DATE: HONORABLE CITY COUNCIL CITY MANAGER SEPTEMBER 27,2010 REPORT TYPE: CONSENT DEPARTMENT: PUBLIC WORKS CMR:353:10 SUBJECT: Approval of a Contract with Siegfried Engineering Inc. in the Total Not to Exceed Amount of $95,689 to Conduct a Landscape Inventory and to Draft a Conceptual Design for Landscaping In and Around the Regional Water Quality Control Plant RECOMMENDATION Staff recommends that Council approve and authorize the City Manager or his designee to execute the attaChed contract with Siegfried Engineering Inc. (Attachment A) for a not to exceed amount of $95,689 to conducf a landscape inventory and to provide conceptual design services for landscaping in and around the Regional Water Quality Control Plant. This amount includes $86,990 for basic services and $8,699 for additional services. Project Description The -Baylands Master Plan and related Comprehensive Plan Policies recommend that the City provide screening for the Regional Water Quality Control Plant buildings and operations. Landscaping around the Regional Water Quality Control Plant perimeter was installed in the 1970s and 1980s, but since that time some of the trees have died and the irrigation system has degraded from weather and exposure. This project will provide Autocad-compatible surveys identifying trees and large vegetation that should remain for screening purposes, information on the condition of existing irrigation pipe that will determine how to best upgrade irrigation systems for new plantings, a conceptual design to enhance and improve screening in and around the plant,and a Draft Initial Study to determine what, if any, level of mitigation will be required for the landscaping improvements in -accordance with the California Environmental Quality Act. Summary of Solicitation Process A request for proposal for'the project was posted at City Hall and mailed to 28 contractors. The , solicitation period was 42 days. Solicitations were received from eleven qualified contractors on June 15, 2010. Staff reviewed all solicitations and interviewed three consultants on July 22, 2010.' Solicitation NamelNumber Landscape Inventory and Design Development for the Regional Water Quality Control Plant! RFP#136167 Proposed Project Duration One year Number of Proposals Mailed 28 Total Days to Respond to Solicitation 42 Number of Solicitations Received 11 CMR:353:10 Page 1 of2 An evaluation committee of two Public Works Department staff reviewed the proposals and conducted the interviews. Siegfried Environmental Inc. displayed exceptional experience with similar projects and identified cost-saving opportunities as part of their proposal which will reduce the cost of service for this project. Therefore, staff is recommending that Council approve the proposed contract with Siegfried Engineering Inc. \ RESOURCE IMPACT Funding for the contract is available in-the FY 2010-2011 Wastewater Treatment Fund Operating budget. POLICY IMPLICATIONS This recommendation does not represent any change to existing City policies. ENVIRONMENTAL REVIEW No environmental review is required for the work to be conducted under this contract. However, the contract Scope of Work includes preparation of a Draft Initial Study that will assess the impacts of landscaping improvements that will be proposed. ATTACHMENTS Attachment A: Contract PREPARED BY: DEPARTMENT HEAD: CITY MANAGER APPROVAL: CMR:353:10 Page 2 of2 . t ATTACHM~NT A CITY OF PALO ALTO CONTRACT NO.: C11136167 AGREEMENT BETWEEN THE CITY OF PALO ALTO AND SIEGFRIED ENGINEERING, INC. FOR PROFESSIONAL SERVICES LANDSCAPE INVENTORY AND DESIGN DEVELOPMENT FOR THE REGIONAL WATER QUALITY CONTROL PLANT This AGREEMENT is entered into on this day of September, 2010, by and between the CITY OF PALO ALTO, a California chartered municipal corporation ("CITY"), and SIEGFRIED ENGINEERING, INC., a corporation in the State of California, with offices located at 3244 Brookside Road, Suite 100, Stockton, CA 95219 ("CONSULTANT"). RECITALS The following recitals are a substantive portion ofthis Agreement. -A. CI'rYintends to embark upon the Regional Water Quality Control Plant (RWQCP) Tree and Irrigation Inventoryand Landscape Design Project ("Project") and desires to engage a consultant to conduct a tree and irrigation system inventory, draft a conceptual design for landscaping in and around the RWQCP, and draft an Initial Study for the environmental impact review process 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 S~rvices. C. CITY in reliance on these representations desires to engage CONSULT ANT 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 Serviees described in Exhibit "A" in accordance with the terms and conditions contained in this Agreement. The perfOJ;mance of all Services shall be to the reasonable satisfaction of CITY. J . 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 pursuR1!t 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 Professional Services Rev. January II, 2010 CITY OF PALO ALTO CONTRACT NO.: Cll136167 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 "N', including both payment for professional services and reimbursable expenses, shall not ~xceed eighty-six thousand nine hundred ninety dollars ($86,990.00). In the event Additional Services are authorized"the total compensation for services and reimbursable expenses shall not exceed ninety-five thousand six hundred eighty-nine dollars ($95,689.00). The applicable rates and schedule of payment are set out in Exhibit "C-l", entitled ''HOURLY RATE SCHEDULE," 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 witliliithe8cope of Services descnbed in Exhibit "A". SECTION 5. INVOICES. In order to request payment, CONSULTANT shall submit monthly invoices to the CITY describing the services perfonned and the applicable charges (including an identification of personnel who performed the services, hours worked, hourly rates, andreimbursable expenses), based upon the CONSULTANT's billing rates (set forth in Exhibit "C-l "). If applicable, the i,nvoice 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 perfonn the Services required by this Agreement and that the personnel have sufficient skill and experience to perform the Services assigned to them. CONSULT ANT 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. CONSULTANTshallkeepitselfinformedofand in cQmpliance 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 2 Professional Services Rev, January 11, 20 I 0 \\CC-TERRA\jarreo1\PURCHDOc\sAP Bids and Proposals\RFP\RFP136167 Landscape Inventory and Design Development RWQC\Docs related to contracl\Contract C11136167 SIEGFRIED ENGINEERING.doc CITY OF PALO ALTO CONTRACT NO.: Cll136167 Services under this Agreement. CONSULT ANT shall procure all permits and licenses, pay all charges and fees, and give all notices required by law in the performance of the Services. 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 CONSUL TANT has prepared plans and specifications or other design documents to construct the Project, CONSULT ANT 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 th~ design ofa 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 Agrethnent nor the performance of any of CONSUL T ANT's obligations hereunder without the prior written consent ofthe 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: l.ESA 2. DRS (Provide tree survey as listed in Task 1 and administration of the Draft Initial Study required as part of the EIR process for this project). (provides expertise on plant selection for habitat enhancement and Bay Friendly plant pallets and will assist with any costing and specifications required for the project deliverables). 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 subconsultants only with the prior approval of the city manager or his designee. 3 Professional Services Rev. January 11,2010 \\CC-TERRA\jam:oI\PURCHDOC\sAP Bids and Proposals\RFP\RFPI36167 landscape Inventory and Design Development RWQC\Docs related to contract\Contract Cll136167 SIEGFRIED ENGINEERING.doc ! f' CITY OF PALO ALTO CONTRACT NO.: C11136167 SECTION 13. PROJECT MANAGEMENT . CONSULTANT will assign Paul Sclnieider as the principal-in-charge to have supervisory responsibility for the performance, progress, and execution of the Services and Robert Norbutas as the project manager 0 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 proj ect manager is 'Julie Weiss, Public Works Department, Environmental Compliance Division, at 2501 Embarcadero Way, Palo Alto, CA 94303, Telephone: 650-329-2117. The project manager will be CONSULTANT's point of contact with respect to performance, progress and execution ofthe Services. The CITY may designate an alternate project manager from time to time. SECTION 14. OWNERSmp OF MATERIALS. Upon delivery, all work product, including . without limifiillon, 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 anse 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 approvalof 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 thisAgreement and for three (3) years thereafter, CONSULTANT's records pertaining to matters covered by this Agreement. CONSULTANT further agrees to main,tain and retain such records for at least three (3) years after the expiration or earlier termination of this Agreement. SECTION 16. INDEMNITY. IZi[Option A applies to the following design professionals pursuant to Civil Code Secti.on 2782.8: architects; landscape architects; registered professional engineers and licensed professional land surv~yors.] 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 di~bursements ("Claims") that arise out of, pertain to, or relate to the negligence, recklessness, or willful rriisconduct 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. 4 Professional Services Rev. January 11,2010 \\CC-TERRA \jarreol\PURCHDOC\SAP Bids and Proposals\RFP\RFP 136167 lllndscape Inventory and Design Development RWQC\Docs related to contract\Contract C11136167 SIEGFRIED ENGINEERING.doc CITY OF PALO ALTO CONTRACT NO.: Cl1136167 O[Option B applies to any consultant who does not qualify as a design professional as defined in Civil Code Section 2782.8.] 16.1. To the fullest extent permitted by law, CONSULT ANT shall protect, indemnifY, defend and hold hannless 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") resulting from, arising out of or in any manner related to performance or nonperformance by 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 . . . 16.3. The acceptance of CONSULTANT's services and duties by CITY shall not . operate as a waiver ofthe right of indemnification. The provisions of this Section 16 shall survive __ !t~_exp!rati_()!l or early termination of this Agreemetlt. SECTION 17. WAIVERS. The waiver by either party of any breach or violation of any covenant, term, condition or provision of this Agreement, or ofthe 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-:Vn or higher which are licensed or authorized tQ 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 ofthis Agreement. The certificates will be subjectto 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 5 Professional Services Rev. January II, 2010 \\CC-TERRA\jarreol\PURCHDOc\sAP Bids and Proposals\RFP\RFP136167 landscape Inventory and Design Development RWQC\Docs related to contract\Contract C11136167 SIEGFRIED ENGINEERING.doc r " CITY OF PALO ALTO CONTRACT NO.: Cl1136167 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.1oss 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 tenninate this Agreement, with orwithout cause, by giving ten (10) days prior written notice thereof to CONSULTANT. Upon receipt of such notice, CONSULTANT will immediately discontinue its performance ofthe 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 tenninate4 on account of a default by CONSULTANT, CITY will be obligated to compensate CONSULTANT only for that portion ofCON~ULTANT'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 ofhislher 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 6 Professional Services Rev. January 11,2010 \\CC-TERRA \jarreoI\PURCHDOC\SAP Bids and Proposals\RFP\RFPI36167 landscape Inventory and Design Development RWQC\Docs related to contract\Contract CII136167 SIEGFRIED ENGINEERING.doc CITY OF PALO ALTO CONTRACT NO,': C11136167 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 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 detennines that CONSULTANT is a "Consultant" as -:that teniils defiiied bythe1~:egulations 6ftlle 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, housmg status, marital status, familial status, weight orheight 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 ofSectioh 2.30.510 pertaining to nondiscrimination in employment. SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE REQUIREMENTS. CONSULTANT shall comply with the City's Environmentally Preferred Purchasing policies which are available at the city's Purchasing Department which are incorporated by reference and may be amended from time to time. CONSULTANT shall comply with waste reduction, reuse, recycling and disposal requirements of the City's Zero Waste Program. Zero Waste best practices include first minimizing and reducing waste; second, reusing waste and third, recycling or composting waste; In particular, Consultant shall comply wi~ the following zero waste requirements: • All printed materials provided by Consultant to City generated from a personal computer and printer including but not limited to, proposals, quotes, invoices, reports, and public education materials, shall be double-sided and printed on a minimum of30% or greater post-consumer content paper, unless otherwise approved "by the City's Project Manager. Any submitted materials printed by a professional printing company shall be a minimum of30% or greater post-consumer material and 7 Professional Services Rev. January 11.2010 \\CC-TERRA \jarreolIPURCHDOC\SAP Bids and Proposals\RFP\RFP 136167 i.Jmdscape Inventory and Design Development RWQC\Docs related to contract\Contract C11136167 SlEGFRlED ENGINEERING.doc CITY OF PALO ALTO CONTRACT NO.: Cl1136167 printed with vegetable based inks. • Goods purchased by Consultant on behalf of the City shall be purchased in accordance with the City's Envirorunental Purchasing Policy including but not limited to Extended Producer Responsibility requirements for products and packaging. A copy of this policy is on file at the Purchasing Office. • Reusable/returnable pallets shall be taken back by the Consultant, at no additional cost to the City, for reuse or recycling. CQnsultant shall provide documentation from the facility accepting the pallets to vedfy that pallets are not being disposed. SECTION 24. NON·APPROPRIATION 24.1. 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 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 ofthe fiscal year and funds for this Agreement are no longer available. This Section 24.8 shall take precedence in the event of a conflict with any other covenant, term, condition, or provision ofthis ~~greement.~~~~ ____ . _____ _ 24.2. 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. 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 will be vested exclusively in the state courts 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. 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 anyattomeys' fees paid to third parties. 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 maybe amended onlyby a written instrument, which is signed by the parties. 25.5. 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. 25.6. If a court of competent jurisdiction fmds or rules that any provision of this 8 Professional Services Rev. January 1 t, 2010 \\CC-TERRA \iarreo)\PURCHDOc\sAP Bids and Proposals\RFP\RFP 136167 lAndscape Inventory and Design Development RWQC\Docs related to contract\Conlract Ct t 136167 SIEGFRIED ENGINEERING.doc CITY OF PALO ALTO CONTRACT NO.: Cll136167 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 deemef/Lto be a part of this Agreement. J ' 24.10 If, pursuant to this contract with CONSULTANT, City shares with CONSULTANT personal infonnation as defined in California Civil Code section 1798.81.5( d) about a California resident (''Personal Infonnation"), CONSULTANT shall maintain reasonable and appropriate security procedures to protect that Personal Infonnation, and shall infonn City immediately upon learning that there has been a breach in the security of the system or in the security of the Personal Information. CONSULTANT shall not use Personallnfonnation for direct marketing purposes without City's express written consent. 24.11 All unchecked boxes do not apply to this agreement. / 9 ,Ii\., Professional Services Rev. January 11,2010 \\CC-TERRA\jarreoI\PURCHDOc\sAP Bids and Proposals\RFP\RFP'136167 landscape Inventory and Design Development RWQC\Docs related tocontract\Contract C11136167 SIEGFRIED ENGINEERING.doc CITY OF PALO ALTO CONTRACT NO.: C11136167 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 CONSULTANT: . SIEGFRIED ENGINEERING, INC. L City Manager (Required for contracts over $85,000) _Purchasing Manager (Required for contracts over $25,000) _Contracts Administrator (Required for contracts under $25,000) Title:, __ -=\.J_, -,-P~. __ --'-_--'--'--_ APPROVED AS TO FORM: Attachments: EXHIBIT "A": EXHIBIT "B": EXHmIT "C": , EXHmIT "C-I": EXHmIT "D": SCOPE OF WORK SCHEDULE OF PERFORMANCE. COMPENSATION SCHEDULE OF RATES INSURANCE REQUIREMENTS 10 Professional Services Rev. January 11,2010 \\CC-TERRA \jarreol\PURCHDOC\sAP Bids and Proposals\RFP\RFPI36167 landscape Inventory and Design Development RWQC\Docs related to contract\Contract Cll136167 SIEGFRIED ENGINEERING.doc CITY OF PALO ALTO CONTRACT NO.: Cl1136167 EXHmIT "A" SCOPE OF SERVICES Consultant services to provide preliminary investigation, conceptual design and environmental analysis for the renovation oflandscaping at the 28 acre Palo Alto Regional Water Quality Control Plant (RWQCP), located at 2501 Embarcadero Way, Palo Alto. Existing landscaping includes mature tree and shrub screening around the periphery of facility buildings (see map at Attachment B-1), mostly Australian tree species within the Plant, and some vegetation lining the corridor to Renzel Marsh. This landscaping shall be incorporated into the new landscaping plan to the fullest extent possible. Final plans and speCifications should accommodate the fact that the final design may be installed in phases. The consultant shall help plan and attend· meetings as needed with RWQCP staff and other internal City stakeholders, attend up to four Advisory Committee meetings (comprised of public members and RWQCP staff and other internal stakeholders), and if necessary, meetings for boards and commissions that shall be determined during the initial Advisory Committee meeting. RWQCP staffshall coordinate with the CONSULTANT, draft agendas, organize and facilitate .. -internal stakeholder and Advisory Committee meetings and distribute minutes. SCOPE OF SERVICES I. BASIC SERVICES Task l-Site Investigation 1. Consultant shall: a) meet with RWQCP and other internal stakeholders (parks, Planning, etc.) to review scope of service, project goals, budget, Advisory Committee member list and to develop a preliminary time line to include any necessary meetings with commissions, review boards, City Council, etc. Update project schedule throughout project as necessary. b) investigate and verify existing site conditions by reviewing survey data and as-built documents, existing landscaping and RWQCP site plans c) coordinate with both City staff and utility companies to identify and address potential issues regarding site utilities d) obtain and review the following from the links provided: i) zoning and Comprehensive Plan policies and goals http://www .cityofpaloalto.org/knowzone/news/details.asp?NewsID=725&TargetID= 130 http://www.cityo:tpaloalto.org/knowzone/city, projects/land use/comprehensive plan.asp I Professional Services Rev. January 11,2010 \\CC-TERRA\jarreol\PURCHDOC\sAP Bids and ProposaIs\RFP\RFP1361671l1ndscape Inventory and Design Development RWQC\Docs related to contract\Conlract Cl I 136167 SIEGFRIED ENGINEERING.doc CITY OF PALO ALTO CONTRACT NO.: Cll136167 ii) the Baylands Master Plan http://www.cityofpaloalto.orgicivica/filebanklblobdload.asp ?BlobID= 14882 iii) RWQCP recycled water goals http://www.cityofpaloalto.orgidepts/utllnews/details.asp?NewsID=729&TargetID=1 0 iv) State and local water efficiency ordinance requirements http://wwW.water.ca.gov/wateruseefficiency/landscapeordinance/technica1.cfm v) Tree Technical Manual (Sections 6.25-6.35, Tree Survey and Protection Report), Site and Design (D) Review process (Chapter 18.30(G) http://www.cityofpaloalto.orgicivica/filebanklblobdload.asp?B1obID=10752 vi) Bay Friendly Certification requirements http://www.stopwaste.orgldocslbay-mendly landscape guidelines - all chapters.pdf e) perform a general analysis to identify any significant issues regarding applicable ... -cOdes and environmental clearance requirements ' f). Evaluate soil conditions as necessary to inform appropriate conceptual design plans g) provide an Autocad-generated site plan to be referred to as RWQCP Existing Landscaping Site Plan for the external Plant boundary. The plan shall: i) inventory and draw the location of existing trees and shrubs on the north and east sides of the Plant, portions of the west side of the Plant that are not slated for inclusion in the potential future Recycling Center which has already be surveyed, and designated areas within the Plant as shown on the attachment B-1. Buildings are not required to be surveyed. The inventory shall fully incorporate two existing tree surveys from Public Works for the southern Plant area and western section of the Plant that is under consideration to become a recycling center. The inventory shall be compatible with Autocad 2010 and shall comply with the City of Palo Alto Tree Technical Manual Standards and Specifications (Sections 6.25-6.35, Tree Survey and Protection Report). The inventory shall be provided in both pdf and Autocad 2010 formats and shall identify the health of each noting any that are dead, diseased or in need of removal. ii) identify and map existing irrigation pipe that is working and that which is in need of replacement to determine if pipes and an existing water source are available. This information shall be used to upgrade and redesign the irrigation system which must eventually be compatible with the Parks Department Central Control Et driven Maxicom System. RWQCP will provide copies of the historical _ 2 Professional Services Rev. January 11,2010 \\cC-TERRA\jalTcol\PURCHDOC\sAP Bids and Proposals\RFP\RFPI36167 landscape Inventory and Design Development RWQC\Docs related to contract\Conlract C11136167 SIEGFRIED ENGINEERING.doc CITY OF PALO ALTO CONTRACT NO.: CII136167 irrigation plans. New irrigation drawings shall be provided in Autocad 2010 and pdf formats. h) work with project manager to plan and hold first Advisory Committee kickoff. meeting and gather input to develop conceptual design alternatives for RWQCP landscaping tasks outlined in this scope and on Attachment B-2. Meeting shall also serve to educate Advisory Committee on existing site conditions using the RWQCP Existing Landscaping Site Plan that CONSULTANT shall develop. Consultant shall attend meetings, prepare meeting minutes and, incorporate input from meetings into subsequent plan iterations and provide presentations as needed. Deliverables: 1. Two (2) full-sized sets of RWQCP Existing Landscaping Site Plan 2. Two (2) half-size sets of RWQCP Existing Landscaping Site Plan 3. Plans in pdf and Autocad formats 4. Meeting minutes Task 2-Proiect Design 1. Conceptual Design a) Consultant shall prepare conceptual design documents based on Advisory Committee feedback including a minimum of two alternatives to include probable irrigation and construction costs for each. Drawings shall include plans showing site layout, rough grading, drainage, existing landscaping, site utilities and irrigation components for: i) the enhancement of existing vegetation screening around the RWQCP facility to minimize visibility and noise (as feasible) of the RWQCP from Baylands Park. Screening must also obscure visibility of the flare that shall be constructed in 2010 on the southern portion of the RWQCP. Consultant shall confer with project manager for this effort to incorporate screening that is already planned for this project ii) the redesign of the southern portion of the perimeter plant landscaping to become a habitat corridor leading to Renzel Marsh which shall support native wildlife. The consultant shall assume that existing trees shall not be removed from this area unless they are diseased, damaged or pose a significant barrier to the successful installation of trees and other vegetation in the area. iii) landscaping for the future Recycling Center which may be approved for construction in 2011 (see Attachment B-3) iv) conceptual landscape alternatives to .the existing moat in front ofRWQCP operations building. Concepts shall include demonstration rainwater collection devices, semi-permeable hardscape and potentially a small pondless water feature 3 Professional Services Rev. January 11,2010 \\CC-TERRA\jarreoJ\PURCHDOC\SAP Bids and Proposals\RFP\RFPI36167 landscape Inventory and Design Development RWQC\Docs related to conlract\Contract CI1136167 SIEGFRIED ENGINEERING.doc CITY OF PALO ALTO CONTRACT NO.: Cll136167 and other enhancements that illustrate sustainable landscape design and practices v) landscaping around the recycled water tank featuring recycled water use, interpretive signs, and possible pondless water feature vi) landscaping within the RWQCP as indicated in Attachment B-2 which will enhance site aesthetics vii) Landscape improvements shall: 1. Comply with the Baylands Master Plan and City of Palo Alto Comprehensive Plan goals and policies 2. Include an irrigation design that can be converted to the City's Central Control . Et driven Maxicom System 3. Meet requirements for Bay Friendly Certification (www.stopwaste.org) and strive to exceed those requirements for sustainable design and practices via: • soil preparation • water-conserving irrigation, the use of recycled water and minimal _____ ~~·~_~tablfl water use • solar-powered water features and lighting • locally sourced landscape and hardscape materials • plant selection . • semi-permeable hardscaping, rain barrels and cisterns • habitat for native bird and animal species • Zero Waste by reducing, reusing and recycling materials b) Internal Review: Meet with internal stakeholders (department staff) to present the two conceptual designs, vet for any significant issues and obtain consensus before meeting with Advisory Committee. CONSULTANT shall revise conceptual designs as -needed prior to Advisory Committee. Conceptual designs should be provided electronically and web-ready. Work Products and Deliverables 1. Two (2) full-size sets of each Conceptual Design drawings 2. Ten (10) half-size sets of each Conceptual Design drawings 3. Conceptual Design phase statement of probable construction costs 4. Elec~onic versions of the above (PDF, Autocad) 5. Meeting minutes 2. Second Advisory Committee Conceptual Design Review Consultant shall confer with RWQCP staff and a) Help plan and attend second Advisory Committee meeting to present the two conceptual designs from Task 1 b with the goal of identifying a preferred alternative. 4 Professional Services Rev. January 11, 2010 \\CC-TERRA \jarrcol\PURCHDOC\sAP Bids and Proposals\RFp\}UiP136167 Landscape Inventory and Design Development RWQC\Docs related to contract\Contract Cl1136167 SIEGFRIED ENGINEERING.doc CITY OF PALO ALTO CONTRACT NO.: C11136167 b) Revise the preferred alternative identified in the second stakeholder meeting. This version of the conceptual plan shall include: i. A suggested plant palette of trees, shrubs and other species tolerant of recycled water andlor Baylands soil that are appropriate for possible use in this project. Include graphic representations of different size and type plants at maturity for public review.' . ii. An indication of any maintenance considerations, including long tenn monitoring and mitigation of plant material tolerance to soil and irrigation salinity. iii. A probable construction cost estimate. 3. Third Advisory Committee Meeting Consultant shall: at_ attend and help plan third Advisory Committee meeting to present the revised conceptual design. b) If previously detennined by the Advisory Committee, consultant shall help prepare study f;essions for the City's Park and Recreation Commission, Planning and Transportation Commission, Architectural Review Board andlor City Council. Work Products and Deliverables: I.Two (2) full-size sets of the· preferred conceptual design drawing 2.Ten (10) half-size sets of the preferred conceptual design drawing 3.Conceptual design phase statement of probable construction costs 4.Electronic versions of the above (PDF, Autocad) 5.Meeting ininutes 4. Finalized Conceptual Design and Advisory Committee Review Consultant shall: . a) Incorponite feedback, as needed, from commissions, the Architectural Review Board and the third Advisory Committee meeting as needed. b) If necessary, work with project manager to plan and hold the fourth and fmal Advisory Committee meeting (or alternative review process) for review and approval of the Finalized Conceptual Design. Work Products and Deliverables: l.Two (2)full-size sets of the preferred conceptual design drawing 2.Ten (10) half-size sets of the preferred conceptual desi~ drawing 3.Conceptual design phase statement of probable construction costs 4.Electronic versions of the above (PDF, Autocad) 5 Professional Services Rev,January 11.2010 \\CC-TERRA \jarreol\PURCHDOC\sAP Bids and Proposals\RFP\RFPI36167 Landscape Inventory and Design Development RWQC\Docs related to contract\Contract Cl 1 136167 SIEGFRIED ENGINEERlNG,doc !-, CITY OF PALO ALTO CONTRACT NO.: Cll136167 5.Meeting minutes c) Upon completion of the Accepted Conceptual Design complete an Administrative Draft fuitial study in preparation for the Design Phase and Construction. ll. FINAL DESIGN AND CONSTRUCTION SERVICES The City reserves the right to solicit other consultants for Final Design, or enter into agreement with Siegfried to issue a contract addendum for Final Design, constrUction bidding assistance and services during construction. END OF SCOPE 6 Professional Services Rev. January 11,2010 \\cC·TERRA\jarreoI\PURCHDOC\SAP Bids and Proposa)s\RFP\RFP136167 landscape Inventory and Design Development RWQC\Docs related tocontract\Contract CII136167 SIEGFRIED ENGINEERING.doc L CITY OF PALO ALTO CONTRACT NO.: Cll136167 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 FromNTP 1. Provide AutoCAD Site Plan (tree/irri,gation survey): 30 2. Advisory Kick-off Meeting: 50 -----3. Internal Meeting: 100 4. Second Adyisory Committee Meeting: 120 5. Third Advisory Committee Meeting and: 175 6. Completion of Board, Commission, and Planning Department review and Draft Initial Study:, 355, 7. Final Advisory Committee Meeting:' 380 1 Professional Services Rev. January 1'1,2010 \\CC-TERRA\jarreol\PURCHDOC\SAP Bids and Proposals\RFP\RFPI36167 Landscape Inventory and Design Deyelopment RWQC\Docs related " to contract\ContractCll136167 SIEGFRIED ENGINEERING:doc .; CITY OF PALO ALTO CONTRACT NO.: Cl,1136167 EXHIBIT "c" COMPENSATION The CITY agrees to compensate the CONSULT ANT 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-l up to the not to exceed budget amount for each task set forth below. The compensation to be paid to CONSULT ANT under this Agreement for all services described in Exhibit "A" ("Basic Services") and reimbursable expenses shall not exceed $86,990.00. 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 $95,689.00. Any work performed or .expenses ~ incurred for which payment would result in a total exceeding the maximum amount of compensation set fo;rthherein 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 ofthe tasks or categories listed below provided the total compensation for Basic Services, including reimbursable expenses, does not exceed $86,990.00 and the total compensation for Additional Services does not exceed $8,699.00. BUDGET SCHEDULE NOT TO EXCEED AMOUNT Task 1 $32,458 (Site Investigation) Task 2 $53,412 (project Design) Sub-total Basic Services $85,870 Reimbursable Expenses $1,120 Total Basic Services and Reimbursable expenses' $86;990 Additional Services (Not to Exceed) $8,699 Maximum Total Compensation $95,689 . . 1 Professional Services Rev. January 11,2010 \\CC-TERRA\jarreol\PURCHDOC\sAP Bids and Proposals\RFP\RFP 136167 Landscape Inventory and Design Development RWQc\Docs related to contracl\Contracl, Cll136167 SlEGFRIED ENGINEERING.doc CITY OF PALO ALTO CONTRACT NO.: Cll136167 REIMBURSABLE EXPENSES 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. Expenses for reproduction, spe~ial handling of drawings, specifications or documents which are specifically needed to meet requirement of the Agreement. Expenses of data processing and photographic production which are specifically needed to meet requirement of . the Agreement. B. Expenses for transportation in connection with the performance of Basic andlor Additional Services. All requests for payment of expenses shall be accompanied by appropriate backup inforniation . .. Any expe!1se anticipated t~ b~~.<'.re_!b-ll.11.~~OO.OO shall be approved in advance by the CITY"~_. 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-I. 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 Work required because the following conditions are not satisfied or are exceeded shall be considered as additional services: . 1. Making revisions required by reason or causes beyond the control of the Consultant. 2. Providing services due to unforeseen issues or performance of either City or City's construction contractor for work designed under this scope of service and based on information provided by the City's construction contractor. 3. Providing other special studies not covered under Basic Services. 4. Providing drawings, specifications andlor other supporting data in connection with contract change orders when such contract change . orders are not necessitated by design errors or omissions by the Consultant. 5. Providing any other additional services nof otherwise included, or not customarily furnished in accordance with the Consultant's generally accepted professional practice, when so requested by the City and mutually agreed upon, in writing. 2 Professional Services Rev. January 11,2010 \\CC-TERRA:\jarreo!\PURCHDOC\SAP Bids and Proposals\RFP\RFPI36167 landscape Inventory and Design Development RWQC\Docs related to contract\Contract CI t 136167 SIEGFRIED·ENGlNEERlNG.doc L , CITY OF PALO ALTO CONTRACT NO.: Cll136167 6. Additional meetings for Advisory Committee, staff, commissions, architectural review, or City COWlcil meetings. 7. Additional full or half-size plan sets. 3 Professional Services Rev. January 11,2010 \\CC-TERRA\jarreol\PURCHDoasAP Bids and Proposals\RFP\RFPI36167 landscape Inventory and Design Development RWQC\Docs related to contract\Contract C11136167 SIEGFRIED ENGINEERlNG.doc . CITY OF PALO ALTO CONTRACT NO.: C11136167 EXHIBIT "C-l" HOURLY RATE SCHEDULE POSITION HOURLY RATE Principal Senior Associate Associate Landscape Architect Senior Engineer/Surveyor Senior Technician Engineer/Surveyor IT Landscape Tech .. Engineer/Surveyor I Engineering/Surveyor ill __ ~ngineering/Surveyor IT Engineering/Surveyor I Expert Witness Clerical Survey Instrumentman Survey ChairmanlRodman I $190 $175 $160 $138 $138 $110 $125 $110 $110 $95 $84 $70 $300 $62 $120 $100 Professional Services Rev. January 11,2010 \ICC-TERRA\jarreo)\PURCHDOCISAP Bids and Proposals\RFPIRFPl36 J 67 landscape Inventory and Design Development RWQC\Docs related to contractlContract CII136167 SIEGFRIED ENGINEERING. doc . CITY OF PALO ALTO CONTRACT NO.: C11136167 EXHIBIT "D" INSURANCE REQUIREMENTS CONTRACTORS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHAILFOR THE TERM OF THE CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITH AM BEST'S KEY RATING OF A.:VII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN mE STATE OF CALIFORNIA. . AWARD IS CONTINGENT ON COMPLIANCE WITH CITY'S INSURANCE REQUIREMENTS AS SPECIFIED BELOW· MINIMUM LIMITS REQUIRED TYPE OF COVERAGE REQUIREMENT EACH YES YES YES YES YES YES OCCURRENCE AGGREGATE WORKER'S COMPENSATION STATUTORY EMPLOYER'S LIABILITY STATUTORY BODILY INJURY $1,000,000 $1,000,000 GENERAL LIABILITY,INCLUDING PERSONAL INJURY, BROAD FORM PROPERTY DAMAGE $1,000,000 $1,000,000 PROPERTY DAMAGE BLANKET CONTRACTUAL, AND FIRE LEGAL BODILY INJURY & PROPERTY DAMAGE $1,000,000 $1,000,000 LIABILITY COMBINED. BODILY INJURY $1,000,000 $1,000,000 . EACH PERSON $1,000,000 $1,000,000 -EACH OCCURRENCE -$1,000,000 $1,000,000 AUTOMOBILE LIABILITY, INCLUDING --_ .. -ALL OWNBE>,HIRED, NON-OWNED PROPERTY DAMAGE $1,000,000 $1,000,000 BODILY INJURY AND PROPERTY . $1,000,000 $1,000,000 DAMAGE,COMBINED PROFESSIONAL LIABIUTY, INCLUDING, ERRORS AND OMISSIONS, MALPRACTICE (WHEN APPUCABLE), AND NEGUGENT PERFORMANCE ALL DAMAGES $1000000 THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONTRACTOR, 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 CONTRACTOR AND ITS SUBCONSULTANTS,IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS' COMPENSATION, E~LOYER'S LIABILl1Y AND PROFESSIONALINSURANCE,NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES. I. INSURANCE COVERAGE MUST INCLUDE: A. A PROVISION FOR A WRITTEN TIDRTY DAY ADVANCE NOTICE TO CITY OF CHANGE IN COVERAGE OR OF COVERAGE CANCELLATION; AND B. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONTRACTOR'S AGREEMENT TO INDEMNIFY CITY. C. DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITY'S PRIOR APPROVAL. II. CONTACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE. III. ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO "ADDITIONAL . INSUREDS" 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 CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS. B. CROSS LIABILITY I Professional Services Rev. January 11,2010 \\CC-TERRA\jarreoIIPURCHDOC\SAP Bids and Proposals\RFP\RFP136167 Landscape Inventory and Design Development RWQC\Docs related to contract\Contract CII 136167 SIEGFRIED ENGINEERING. doc CITY OF PALO ALTO CONTRACT NO.: Cll136167 TIlE NAMING OF MORE TIlAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER TIlE POLICY SHALL NOT, FOR TIlAT REASON ALONE, EXTINGUISH ANY RIGHTS OF TIlE INSURED AGAINST ANOTHER, BUT TIllS ENDORSEMENT, AND TIlE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE TIlE TOTAL LIABILITY OF THE COMPANY UNDER TIllS POLICY. C. NOTICE OF CANCELLATION \ .. : I. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER 1HAN TIlE NON-PAYMENT OF PREMIUM, TIlE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A TIlIRTY (30) DAY WRITTEN NOTICE BEFORE TIlE EFFECTIVE DATE OF CANCELLATION. 2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT OFPREMluM, TIlE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE TIlE EFFECTIVE DATE OF CANCELLATION. NOTICES SHALL .BE MAILED TO; PURCHASING AND CONTRACT ADMINISTRATION -t:ITY OF PALO ALTO P.O. BOX 10250 PALO ALTO, CA 94303 2 Professional Services Rev. January 11,2010 \\CC-TERRA \jarreoII.PURCHDOc\sAP Bids and Proposa]s\RFP\RFP 136167 Landscape Inventory and Design Development RWQC\Docs related to contract\Contract CI1136167 SIEGFRIED ENGINEERING.doc '~ I DATE (MM/DD/YYYY) A<:::C>R CERTIFICATE OF LIABILITY INSURANCE ~. 09/02/2010 PRODX~R Ri sk Insurance services West, Inc. mIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY San Jose CA office AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS 225 W. Santa clara St. CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE Suite 1150 COVERAGE AFFORDED BY THE POLICIES BELOW. San Jose CA 95113 USA PHONE-e8GG) 283-7122 FAX-(847) 953-5390 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Hawaii Employers' Mutual Ins company,Inc 10781 Western Truck Fabrication, Inc. INSURERS: Hartford casualty Insurance Co 29424 1923 west winton Ave. Hayward CA 94545 USA INSURERC: Hartford underwriters Ins. Co. 30104 INSURERD: INSURERE: COVERAGES SIR applles per terms and condltlons of the POllCY TIIE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE.INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDmON OF ANY CONTRACT OR OTHER DOCUMENT WITII RESPECT TO WIflCH TInS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AIL THE TERMS, EXCLUSIONS AND CONDmONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LIMITS SHOWN ARE AS REQUESTED INSR IAJJD' LTR iINSRD TYPE OF INSURANCE POUCY NUMBER POUCY EFFECTIVE POUCY EXPIRATION LIMITS DATE(MMIDDIYYYY DATE(MMlDDIYYYY) C r~ 57uUNsv6539 02/15/2010 02/15/2011 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL liABILITY DAMAGE TO RENTED $300,000 CLAIMS MADE [!] OCCUR PREMISES (Ea occurrence) Ml:.U 1>JU'(""y one person ):LU,UUU PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'!.. AGGREGATE LIMIT APPLIES PER: ~ PRODUCTS -COMP!OP AGG ~$2,OOO,OOO ----------[~Jp6LICY Or:g; D LOC C AUTOMOBILE UABILITY 57uUNsv6539 02/15/2010 02/15/2011 COMBINED SINGLE LIMIT rx ANY AUTO (Ea accident) $1,000,000 I-ALL OWNED AUTOS ~ SODIL Y INJURY SCHEDULED AUTOS (Per person) rx HIRED AUTOS BODILY INJURY rx NON OWNED AUTOS (Per accident) ~ PROPERTY DAMAGE ~ (Per accident) GARAG)i; LIABILITY AUTO ONLY -EA ACCIDENT B ANYAUTO OTHER THAN EAACC AUTOONLY: AGG C EXCESS! UMBRELLA LIABILITY 57HHUSv6540 02/15/2010 Ol/15/20ll EACH OCCURRENCE 11.,UUU,UUU ~OCCUR D CLAIMS MADE AGGREGATE $1,000,000 t!DEDUCllBLE RETENTION B 57WESVllS9l 1.U/U1./lUU9 J.U/UJ./£UJ.U X ~~ STATU-I I~~' WORKERS COMPENSATION AND AOS RYLIMITS +" Ie LLJ t -= I i "" ,.,., .... ClO N 0 0 "I' 0 0 " U'I .. ~ ~ COl ~ ':l .. Q> U EMPLOYERS' UABILITY ~ A WC10000214112009A ANY PROPRIETOR! PARTNER! EXECUTIVE 06/09/2009 06/09/2010 E.L. EACH ACCIDENT $l,OOO,OOO~ Hawaii $l,OOO,OOOI:ij OFFICERIMEMBER EXCLUDED? E,L. DISEASE-EAEMPLOYEE (Mandatory in NIl) E.L. DISEASE-POLICY LIMIT $1,000,000 !Ii If"",, describe \mder SPECIAL PROVISIONS below OTHER ~ .I!!. DESCRIPllON OF OPERATIONSILOCATIONSlVEHlCLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS ~ City of palo Alto, its council members, officers, a3ents and employees are included as additional insured with respects to the General Liability policy as require by written contract. The insurance afforded by this ~OliCY for the benefit of the additional insured(s) shown above shall be primary, but only with respect to any c aims, ~ ..::::. CERTIFICATE HOLDER CANCELLATION -City of palo Alto SHOULD ANY OF THE ABOVE DESCRlBED POLICIES BE CANCELLED BEFORE THE EXPIRATION S. purchasing & contract Administration DATE THEREOF. THE ISSUING INSURER WiLL ENDEAVOR TO MAIL P.O. Box 10250 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. palo Alto CA 94303 USA BUT FAILURE TO 00 SO SHALL IMPOSE NO OBLIGATION OR liABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATNES. AUTHORIZED REPRESENTATIVE ~~.f_.9'.-.... ~.k ~ ACORD 2S (2009/01) . ©1988-2009 ACORD CORPORATION. All rights reserved;;;;;;;;; The ACORD name and logo are registered marks of ACORD -- Attachment to ACORD Certificate for western Truck Fabrication, Inc. The terms, conditions and provisions noted below are hereby attached to the captioned certificate as additional description of the coverage afforded by the insurer(s). This attachment does not contain all terms, conditions, coverages or exclusions contained in the policy. INSURED western Truck Fabrication, Inc. 1923 west Winton Ave. Hayward CA 94545 USA INSURER INSURER INSURER INSURER INSURER ADDITIONAL POLICIES If a policy below does not include limIt information, refer to the corresponding poltcy on the ACORD certificate form for policy limits. ADD'L POLICY NUMBER POLICY POLICY INSR INSRD TYPE OF INSURANCE POLICY DESCRIPTION EFFECTIVE EXPIRATION LIMITS LTR DATE DATE -~- ~------------------------ DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS loss or liability arising out of the operations of the named insured and any insurance maintained by the additional insured(s) shall be non-contributory. Certificate No: 570040028134 Policy Number: 57UUNSV6539 have all your rights and duties under this Coverage Part. e. Unname,d Subsidiary Any subsidiary, and subsidiary thereof, of yours which is a legally incorporated entity of which you own a financial interest of more than 50% of the voting stock on the effective date of the Coverage Part. The insurance afforded herein for any subsidiary not named in this Coverage Part as a named insured does not apply to injury or damage with respect to which an insured under this Coverage Part is also an insured Linder another policy or would be an insured under such policy but for its tennination or the exhaustion of its limits of insurance. 3. Newly Acquired or Fonned Organization Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain financial interest of more than 50% of the voting stock, will qualify as a Named Insured if there is no other similar insurance available to thatorganization.J:lawe'lLer. a. Coverage under this provision is afforded only until the 180th day after you acquire or fonn the organization or the end of the policy period, whichever is eariier; b. Coverage A does not apply to "bodily injury" or ·property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" ariSing out of an offense committed before you acquired or fonned the organization. 4. Mobile Equipment With respect to "mobile equipment" registered in your name under any motor vehicle registration law, any person is an Insured while driving such equipment along a public highway with your pennission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the eqUipment, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury" to a co-"employee" of the person driving the equipment; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. Page 10 of18 S. Nonowned Watercraft With respect to watercraft you do not own that is less than 51 feet long and is not being used to carry persons for a charge, any person is an insured while operating such watercraft with your pennission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the watercraft, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury" to a co-nemployee" of the person operating the watercraft; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision .. 6. Additional Insureds When Required By Written Contract, Written Agreement Or Pennit The follOwing person(s) or organization(s) are an additional insured when you· have agreed,in a written contract, written agreement or because of a pennit issued by a state or political subdivision, that such person or organization be added as an additional insured on your policy. provided the injury or damage occurs subsequent to the execution of the contract or agreement. A person or organization is an additional insured under this provision only for that period of time required by the contract or agreement. However, no such person or organization is an· insured under this provision if such person or organization is included as an. insured by an endorsement issued by us and made a part of this Coverage Part. a. Vendors Any person(s) or organization(s) (referred to below as vendor), but only with respect to· "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business and only if this Coverage Part provides coverage for "bodily Injury-or "property damage" included within the "products completed operations hazard". (1) The insurance afforded the vendor is subject to the following additional exclusions: This insurance does not apply to: (a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; HG 00 0106 OS M o .-I o 0'1 M U"l \0 rn r- U"l N o o U"l o ole II!!l!!I!!! ---iIiIlIIli ....... --=-= ii!!iiiiiii l!!!!!!!!I -=== :::=Ii --iiiiiiI -!E iIl!!!i ;;;; ...... iIiiIiliIiI IiiiiiiIIiI == ~ """"= iliiiiii ........ iiiiiliiiiii ----==- Policy Number: 57UUNSV6539 (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repaCkaged in the original container; (e) Any failure to make such inspections, adjustments, tests or selVicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor;-or (h) "Bodily injury" or "property damage" arising out of the sale negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (i) The exceptions contained in Sub paragraphs (d) or (f); or (ii)Such inspections, adjustments, tests or selVicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. b. Lessors of Equipment (1) Any person or organization from whom you lease equipment; but only with respect to their liability for "bodily injury", "property damage" or . "personal and advertiSing injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. (2) With respect to the insurance afforded to these additional insureds this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. HG 00010605 c. Lessors of Land or Premises Any person or organization from whom you lease land or premises, but only with respect to liability arising out of the ownership, maintenance or use of that part. of the land or premises leased to you. With respect to the insurance afforded these additional insureds the following additional exclusions apply: This insurance does not apply to: 1. Any "occurrence" which takes place after you cease to I~ase that land; or 2. Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. d. Architects, Engineers or Surveyors Any architect, engineer, or SUlVeyor, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (1) In connection with your premises; or (2) In the performance of your ongOing operations performed by you or on your behalf. With respect to the insurance afforded these. additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services by or for you, including: 1. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2. SupelVisory, inspection, architectural or engineering activities. e. Permits Issued By State Or Political Subdivisions Any state or political subdivision, but only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. With respect to the insurance afforded these additional insureds, this insurance does not apply to: (1) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the state or municipality; or (2) "Bodily injury" or "property damage" included within the "products-completed operations hazard". Page 11 of 18 Policy Number: 57UUNSV6539 f. Any Other Party Any other person or organization who is not an insured under Paragraphs a. through e. above, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in' part, by your acts or omissions or the acts or omissions of those acting on your behalf: (1) In the perfonnance of your ongoing operations; (2) In connection with your premises owned by or rented to you; or (3) In connection with "your work" and included within the "products-completed operations hazard", but only if (a) The written contract or agreement requires you to provide such coverage to such additional insured; and (b) This Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products-completed operations hazard". With respect to .. the insurance afforded to these -additional insureds, this insurance does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of. or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) ~upervisol)', .... inspection, architectural or engineering activities. The limits of insurance that apply to additional insureds under this provision is described in Section III -Limits Of Insurance. How this insurance applies when other insurance is available to the additional insured is described in the Other Insurance Condition in Section IV -Commercial General Liability Conditions. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION 111-LIMITS OF INSURANCE 1. The Most We will Pay The Limits of Insurance shown in the Declarations and the rules below fIX the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or Page 12 of 18 c. Persons or organizations making claims or bringing "suits". 2. General Aggregate Umit The -General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A. except damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard"; and c. Damages under Coverage B. 3. Products-Completed Operations Aggregate Limit The Products-Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products-completed operations hazard". 4. Personal and Advertising Injury Limit Subject to 2. above, the Personal and AdvertiSing Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all "personal and advertising injury" sustained by any one person or organization. S. Each Occurrence Limit Subject to 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under-Coverage A; and b. Medical expenses under Coverage C because of all "bodily injury" and "property damage" arising out of anyone "occurrence". 6. Damage To Premises Rented To You Limit Subject to S. above, the Damage To Premises Rented To You Limit is the most we will pay under-Coverage A for damages because of "property damage" to anyone premises, while rented to you, or in the case of damage by fire, lightning or explOSion, while rented to you or temporarily occupied by you with permission of the owner. In the case of damage by fire, lightning or explosion, the Damage to Premises Rented To You Limit applies to all damage proximately caused by the same event, whether such damage results from fire, lightning or explosion or any combination of these. 7. Medical Expense Limit Subject to s. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person. 8. How Limits Apply To Additional Insureds If you have agreed in a written contract or written agreement that another person or organization be HG 00 010605