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2004-02-09 City Council (5)
TO: City of Palo Alto City Manager’s Report HONORABLE CITY COUNCIL ~ FROM:CITY MANAGER DEPARTMENT: PUBLIC WORKS DATE:FEBRUARY 9, 2004 CMR: 146:04 SUBJECT:APPROVAL OF AMENDMENT NO. ONE TO EXISTING CONTRACT NO. C2140022 WITH INNERSPACE ENGINEERING CORP. IN THE AMOUNT OF $21,750 TO PROVIDE ARCHITECTURAL DESIGN SERVICES FOR BUILDING CHANGES REQUIRED FOR COMPLIANCE WITH FEDERAL AND STATE DISABLED ACCESS STANDARDS, AND ENGINEERING DESIGN FOR LIGHTING AND FIRE SPRINKLER SYSTEMS ASSOCIATED WITH THE CONSTRUCTION OF STORAGE MEZZANINES RECOMMENDATION Staff recommends that Council approve and authorize the Mayor to execute the attached contract amendment with Innerspace Engineering, Inc. (Innerspace) in the amount of $21,750 to cover the cost of additional but unforeseen work related to the design and construction of freestanding storage mezzanine units in the Equipment Maintenance Building at the Municipal Services Center. BACKGROUND In April 2002, the City Manager approved a contract in the amount of $57,900 for the design and construction of three freestanding mezzanine storage units in the Equipment Maintenance Building at the Municipal Services Center. One of the mezzanine units is necessary to replace an existing mezzanine unit that does not meet current seismic requirements. The other two mezzanine units are necessary to provide additional storage for tires and automotive parts. The City’s vehicle maintenance facility is undersized for the current level of operations, and this additional storage space is necessary to relieve crowding that is becoming a safety hazard. The mezzanines will also free up space for a dedicated police motorcycle maintenance area. The original scope of the work under this contract included sizing and designing the mezzanine platforms; performing structural calculations; and furnishing the labor and materials required to complete the installation. The original scope of work did not include a lighting plan, or the design of additions to the building’s fire sprinkler system required to acconm~odate the mezzanines units. Staff felt that this work could be accomplished with City forces. However, during the permitting CMR:146:04 Page 1 of 3 process, staff was advised that the lighting plan and fire sprinMer system desig-n would need to be submitted as part of the overall design of the mezzanine installation. In addition, it was determined that the mezzankne installation is an improvement that triggers a Title 24 (CCR) requirement for disabled access up~ades, valued at 20% of the total project cost. This requirement was not considered during the initial design, ~ven the small scale of the project and the fact that it will be unoccupied space. Staff has determined that the best way to fulfill the Title 24 requirements would be to expand and upgade the existing restroom facilities in Building"B" to meet Title 24 requirements. DISCUSSION The original cont’ract did not require Council approval, and did not include any additionaI services funds. This alnendment is intended to provide funding for the additional services required to complete the lighting plan, and the design of the fire sprinkler system and Title 24 restroom up~ades. The contractor, Innerspace, was selected through an IFB process. innerspace was the only respondent to the !FB. Innerspace has performed all of the design work to this point. The majoritT of the work required to complete the design, which is covered by this amendment, is inte~al to the work that has already been completed. Calling in another consultant to complete this work would not be cost-effective. RESOURCE IMPACT Funds for this change order are available within the FY 2002-2003 Capital Improvement Pro~am Budget. POLICY IMPLICATIONS Recommendations of this staff report are consistent with existing CiD~ policies. ENVIRONMENTAL REVIEW This project is categorically exempt from CEQA under section 15302 and 15303 of the "-" ACsQ._ guidelines. ATTACHMENTS Attachment A: Contract C2140022 Attachment B: Contract Amendment No. One PREPARED BY: DEPARTMENT HEAD: KEITH LAHAIE Fleet Manager GLENN S. ROBERTS Director of Public Works CMR: 146:04 Page 2 of 3 CITY MANAGER APPROVAL: Assistant City Manager CMR:347:03 Page 3 of 3 ATTACHMENT A FORMAL CONTRACT CONTRACT No. C2140022 (Public Work) Public Works Department SECTION 500 This Contract, number C2140022 dated April 2, 2002 is entered into by and between the City of Palo Alto, a chartered city and a municipat corporation of the State of California ("City") , and In.nerSpace En.qineerin.q Corporation ("Contractor"). For and in consideration of the covenants, terms, .and conditions (*the provisions*) of this Contract, City and Contractor ("the parties") agree: Term_. This Contract shall commence and be binding on the parties on the Date of Execution of this Contract, and shall expire on the date of recordation of the Notice of Substantial Completion, or, if no such notice is required to be filed, on the date that final payment is made hereunder, subject to the earlier termination of this Contract. General Scope of Proiect and Work. Contractor shall furnish labor, services, materials and equipment in connection with the construction of the Project and complete the Work in accordance with the covenants, terms and conditions of this Contract to the satisfaction of City. The Project and Work is generally described as follows: (Including InnerSpace attachment "A" - Section 1.17 Schedule, dated April 8, 2002.) Title of Project:MSC Garage IVlezzanine Storage Area, Invitation for Bid (IFB) 140022 Bid:$ 57,900.00 Contract Documents. This Contract shall consist of the documents set forth below, which are on file with the City Clerk and are hereby incorporated by reference. For the purposes of construing, interpreting and resolving inconsistencies between and among the provisions of this Contract, these documents and the provisions thereof are set forth in the following descending order of precedence. This Contract. Invitation for Bid. Project Specifications. Drawings. Change Orders. Bid. Supplementary Conditions. General Conditions. Standard Drawings and Specifications (1992). Certificate of Insurance, Performance Bond, Labor & Materials (Payment) Bond. Other Specifications, or part thereof, not expressly incorporated in the Contract Specifications or the Standard Drawings and Specifications (1992). Any other document not expressly mentioned herein which is issued by City or entered into by the parties. Attachment "A" - Section 1.17 Schedule, dated April 8, 2002. Compensation. In consideration of Contractor’s performance of its obligations hereunder, City shall pay to Contractor the amount set forth in Contractor’s Bid in accordance with the provisions of this Contract and upon the receipt of written invoices and all necessary supporting documentation within the time set forth in the Contract Specifications and the Standard Drawings and Specifications (1992), or, if no time is stated, within thirty (30) Days of the date of receipt of Contractor’s invoices. CITY OF rev. 12/o0 Insurance. On or before the Date of Execution, Contractor shall obtain and maintain the policies of insurance coverage described in the Invitation For Bid on terms and conditions and in amounts as may be required by the Risk Manager. City shall not be obligated to take out insurance on Contractor’s personal property or the personal property of any person performing labor or services or supplying materials or equipment under the Project. Contractor Shall furnish City with the certificates of insurance and with original endorsements affecting coverage required under this Contract on or before the Date of Execution. The certificates and endorsements for each insurance policy shall be signed by a person who is authorized by that insurer to bind coverage in its PALO ALTO IFB 140022 PAGE 1 OF 7 FORMAL CONTRACT SECTION 500 behalf. Proof of insurance shall be mailed to the Project Manager to the address set forth in Section 16 of this Contract. Indemnification. Contractor agrees to protect, defend, indemnify and hold City, its Council members, officers, employees, agents and representatives harmless from and against any and all claims, demands, liabilities, losses, damages, costs, expenses, liens, penalties, suits, or judgments, arising, in whole or in part, directly or indirectly, at any time from any injury to or death of persons or damage to property as a result of the willful acts or the negligent acts or omissions of Contractor, or which results from Contractor’s noncompliance with any Law respecting the condition, use, occupation or safety of the Project site, or any part thereof, or which arises from Contractor’s failure to do anything required under this Contract or for doing anything which Contractor is required not to do under this Contract, or which arises from conduct for which any Law may impose strict liability on Contractor in the performance of or failure to perform the provisions of this Contract, except as may arise from the sole willful acts or negligent acts or omissions of City or any of its Council members, officers, employees, agents or representatives. This indemnification shall extend to any and all claims, demands, or liens made or filed by reason of any work performed by Contractor under this Contract at any time during the term of this Contract, or arising thereafter. To the extent Contractor will use hazardous materials in connection with the execution of its obligations under this Contract, Contractor further expressly agrees to protect, indemnify, hold harmless and defend City, its City Council members, officers and employees from and against any and all claims, demands, liabilities, losses, damages, costs, expenses, liens, penalties, suits, or judgments City may incur, arising, in whole or in part, in connection with or as a result of Contractor’s willful acts or negligent acts or omissions under this Contract, under the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. ~9601-6975, as amended); the Resource Conservation and Recovery Act (42 U.S.C. ~6901-6992k, as amended); the Toxic Substances Control Act (15 U.S.C. §§2601-2692, as amended); the Carpenter-Presley-Tanner Hazardous Substance Account Act (Health & Safety Code, §§25300-25395, as amended); the Hazardous Waste Control Law (Health & Safety Code, .~25100-25250.25, as amended); the Safe Drinking Water and Toxic Enforcement Act (Health & Safety Code, §§25249.5-25249.13, as amended); the Underground Storage of Hazardous Substances Act (Health & Safety Code, §§25280-25299.7, as amended); or under any other local, state or federal law, statute or ordinance, or at common law: 10. 11. Assumption of Risk. Contractor agrees to voluntarily assume any and all risk of loss, damage, or injury to the property of Contractor which may occur in, on, or about the Project site at any time and in any manner, excepting such loss, injury, or damage as may be caused by the sole willful act or negligent act or omission of City or any of its Council members, officers, employees, agents or representatives. Waiver. The acceptance of any payment or performance, or any part thereof, shall not operate as a waiver by City of its rights under this Contract. A waiver by City of any breach of any part or provision of this Contract by Contractor shall not operate as a waiver or continuing waiver of ahy subsequent breach of the same or any other provision, nor shall any custom or practice which may arise between the parties in the administration of any part or provision of this Contract be construed to waive or to lessen the right of City to insist upon the performance of Contractor in strict compliance with the covenants, terms and conditions of this Contract. No Exoneration By Inspection: The City has the right, but not the duty, to inspect Contractor’s Work. The right of inspection is solely for the benefit of City. Contractor has the obligation to complete the Work in a satisfactory manner in compliance with Contract requirements. The presence of a City inspector does not shift that obligation to the City or relieve Contractor from its obligations to complete the Work in a satisfactory manner in compliance with the Contract requirements. Compliance with Laws. Contractor shall comply with all Laws now in force or which may hereafter be in force pertaining to the Project and Work and this Contract, with the requirement of any bond or fire underwriters or other similar body now or hereafter constituted, with any discretion&ry license or permit issued pursuant to any Law of any public agency or official as well as with any provision of all recorded documents affecting the Project site, insofar as any are required by reason of the use or occupancy of the Project site, and with all Laws pertaining to nondiscrimination in employment and hazardous materials. Bonds. As a condition precedent to City’s obligation to pay compensation to Contractor, and on or before the Date of Execution, Contractor shall furnish to the Project Manager the Bonds as required under the Invitation For Bid. CITY OF PALO ALTO IFB 140022 PAGE 2. OF 7rev. 12/00 FORMAL CONTRACT SECTION 500 12.Representations and Warranties. In the supply of any materials and equipment and the rendering of labor and services during the course and scope of the Project and Work, Contractor represents and warrants: ao Any materials and equipment which shall be used during the course and scope of the Project and Work shall be vested in Contractor; Any materials and equipment which shall be used during the course and scope of the Project and Work shall be merchantable and fit to be used for the particular purpose for which the materials are required; Co Any !abor and services rendered and materials and equipment used or employed during the course and scope of the Project and Work shall be free of defects in workmanship for a period of one (1) year after the recordation of the Notice of Substantial Completion, or, if no such notice is required to be filed, on the date that final payment is made hereunder; Any mar~ufacturer’s warranty obtained by Contractor shall be obtained or shall be deemed obtained by Contractor for and in behalf of City. e° go ho Any information submitted by Contractor prior to the award of Contract, or thereafter, upon request, whether or not submitted under a continuing obligation by the terms of the Contract to do so, is true and correct at the time such information is submitted or made available to the.City; Contractor has not colluded, conspired, or agreed, directly or indirectly, with any person in regard to the terms and conditions of Contractor’s Bid, except as may be permitted by the Invitation For Bid; Contractor has the power and authority to enter into this Contract with City, that the individual executing this Contract is duly authorized to do so by appropriate resolution, and that this Contract shall be executed, delivered and performed pursuant to the power and authority conferred upon the person or persons authorized to bind Contractor; Contractor has not made an attempt to exert undue influence with the Purchasing Manager or Project Manager or any other person who has directly contributed to City’s decision to award the contract to Contractor; jo There are no unresolved claims or disputes between Contractor and City which would materially affect Contractor’s ability to perform under the Contract; Contractor has furnished and will furnish true and accurate statements, records, reports, resolutions, certifications, and other written information as may be requested of Contractor by City from time to time during the term of this Contract; Contractor and any person performing labor and services under this Project are duly licensed by the State of California as required by California Business & Professions Code Section 7028, as amended; and 13. 14. Contractor has fully examined and inspected the Project site and has full knowledge of the physical conditions of the Project site. Assi.qnment. This Contract and the performance required hereunder is personal to Contractor, and it shall not be assigned by Contractor. Any attempted assignment shall be null and void. Claims of Contractor. All claims pertaining to extra work, additional charges, or delays within the Contract Time or other disputes arising out of the Contract shall be submitted by Contractor to City in writing by certified or registered mail within ten (10) Days after the claim arose or within such other time as may be permitted or required by law, and shall be described in sufficient detail to give adequate notice of the substance of the claim to City. !5.Audits by Cit,/. During the term of this Contract and for a period of not less than three (3) years after the expiration or earlier termination of this Contract, City shall have the right to audit Contractor’s Project-related CITY OF PALO ALTO IFB 140022 PAGE 3 OF 7rev. 12/00 FORMAL CONTRACT SECTION 500 and Work-related writings and business records~ as such terms are defined in California Evidence Code Sections 250 and 1271, as amended, during the regular business hours of Contractor, or, if Contractor has no such hours, during the regular business hours of City. 16.Notices. All agreements, appointments, approvals, authorizations, claims, demands, Change Orders, consents, designations, notices, offers, requests and statements given by either party to the other shall be in writing and shall be sufficiently given and served upon the other party if (1) personally served, (2) sent by the United States mail, postage prepaid, (3) sent by private express delivery service, or (4) in the case of a facsimile transmission, if sent to the telephone FAX number set forth below during regular business hours of the receiving party and followed within two (2) Days by delivery of a hard copy of the material sent by facsimile transmission, in accordance with (1), (2) or (3) above. Personal service shall include, without limitation, service by delivery and service by facsimile transmission. To City:City of Palo Alto City Clerk 250 Hamilton Avenue P.O. Box 10250 Palo Alto, CA 94303 Copy to:City of Palo Alto Public Works Department Equipment Management Division 250 Hamilton Avenue Palo Alto, CA 94303 Attn: Keith LaHaie, Project Manager To Contractor:InnerSpace Engineering Corporation 924 S. Amphlett Blvd San Mateo, CA 94402 Attn: Robert Bruce 17.Appropriation of City Funds. This Contract is subject to the fiscal provisions of Article III, Section 12 of the Charter of the City of Palo Alto. Any charges hereunder for labor, services, materials and equipment may accrue only after such expenditures have been approved in advance in writing in accordance with applicable Laws. This Contract shall terminate without penalty (I) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (~i) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Contract are no longer available. This Section 16 shall control in the event of a conflict with any other provision of this Contract. 18.Miscellaneous. Bailee Disclaimer. The parties understand and agree that City does not purport to be Contractor’s bailee, and City is, therefore, not responsible for any damage to the personal property of Contractor. bo Consent. Whenever in this Contract the approval or consent of a party is required, such approval or consent shall be in writing and shall be executed by a person having the express authority to grant such approval or consent. C°Controlling Law. The parties agree that this Contract shall be governed and construed by and in accordance with the Laws of the State of California. Definitions. The definitions and terms set forth in Section 1 of the Standard Drawings and Specifications (1992) of this Contract are ir~corporated herein by reference. Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to perform its obligations under this Contract which directly results from an Act of God or an act of a superior governmental authority. CITY OF PALO ALTO IFB 140022 PAGE 4 OF 7 rev. 12/00 FORMAL CONTRACT SECTION 500 fo Headings. The paragraph headings are not a part of this Contract and shall have no effect upon the construction or interpretation of any part of this Contract. Incorporation of Documents. All documents constituting the Contract documents described in Section 3 hereof and all documents which may, from time to time, be referred to in any duly executed amendment hereto are by such reference incorporated in this Contract and shall be deemed to be part of this Contract. integration. This Contract and any amendments hereto between the parties constitute the entire agreement between the parties concerning the Project and Work, and there are no other prior oral or written agreements between the parties that are not incorporated in this Contract. Modification of Agreement. This Contract shall not be modified or be binding upon the parties, unless such modification is agreed to in writing and signed by the parties. Provision. Any agreement, covenant, condition, clause, qualification, restriction, reservation, term or other stipulation in the Contract shall define or otherwise control, establish, or limit the performance required or permitted or to be required of or permitted by either party. All provisions, whether covenants or conditions, shall be deemed to be both covenants and conditions. Resolution. Contractor shall submit with its Bid a copy of any corporate or partnership resolution or other writing, which authorizes any director, officer or other employee or partner to act for or in behalf of Contractor or which authorizes Contractor to enter into this Contract. Severability. If a court of competent jurisdiction finds or rules that any provision of this Contract is void or unenforceable, the provisions of this Contract not so affected shall remain in full force and effect. Status of Contractor. In the exercise of rights and obligations under this Contract; Contractor acts as an independent contractor and not as an agent or employee of City. Contractor shall not be entitled to any rights and benefits accorded or accruing to the City Council members, officers or employees of.City, and Contractor expressly waives any and all claims to such rights and benefits. no Successors and Assigns. The provisions of this Contract shall inure to the benefit of, and shall apply to and bind, the successors and assigns of the parties. Time of the Essence. Time is of the essence of this Contract and each of its provisions. In the calculation of time hereunder, the time in which an act is to be performed shall be computed by excluding the first Day and including the last. If the time in which an act is to be performed falls on a Saturday, Sunday, or any Day observed as a legal holiday by City, the time for performance shall be extended to the following Business Day. p° qo Alternative Dispute Resolution. The parties shall endeavor to resolve any disputes or claims arising out of or relating to this Contract by mediation, which, unless the parties agree otherwise, shall be conducted under the auspices of the Judicial Arbitration and Mediation Service (JAMS), San Jose, California. The intent of the parties is that the mediation shall proceed in advance of litigation; however, if any party should commence litigation before the conclusion of mediation, such litigation, including discovery, shall be stayed pending completion of mediation, and by executing this Contract the parties stipulate to mediation in accordance with Santa Clara County Superior Court Local Rule 1.15 or Rule 2-3(b) of the ADR Local Rules of the U.S. District Court for the Northern District of California, as such rules may be amended from time to time. The parties shall share the cost of the mediation, including the mediator’s fee, equally. Any written agreement reached in mediation shall be enforceable pursuant to California Code of Civil Procedure § 664.6, as amended. Venue. Unless the parties mutually agree otherwise, mediation shall take place in San Jose, California. In the event that litigation is commenced by any pa~, hereunder, the parties agree that such action shall be vested exclusively in the state courts of California in the County of Santa Clara or in the United States District Court for the Northern District of California. CITY OF PALO ALTO IFB 140022 PAGE 5 OF 7rev. 12/00 FORMAL CONTRACT SECTION 5OO Recovery of Costs. Each Party shall bear its own costs, including attorney’s fees, through the completion of mediation. If the claim or dispute is not resolved through mediation, or if litigation is necessary to enforce a settlement reached at mediation pursuant to California Code of Civil Procedure § 664.6, as amended, then the prevailing party in any subsequent litigation may recover its reasonable costs, including attorney’s fees, incurred subsequent to conclusion of the mediation. Flow-down. Contractor agrees to include provisions of this Contract relating to Alternative Dispute Resolution, Venue. and Recovery of Costs in any subcontracts or major material purchase agreements which it enters into in connection with this Contract, and to require its subcontractors to include those provisions in any sub-contracts or major material purchase agreements, such that any me(]iation or litigation of any claim or dispute asserted by a subcontractor or major material supplier will be consolidated with any related claim or dispute between the Contractor and the City. Should the Contractor fail to do so, such that the City is required to defend an action brought by a subcontractor or material supplier inconsistent with .the Alternative Dispute and Venue provisions of this Contract, Contractor shall indemnify City for City’s costs of defense, including reasonable attorney’s fees. IN WITNESS WHEREOFi, I~e parties have by their duly appointed representatives executed this Contract in the city of Pale Alto, Coun~.~i.~Clara, State of California on the date first stated above. Sen~fsta~ city Attorney APPROVED: As (Insurance Review) CONTRACTOR: Title: By: Name: Title: ~_. iT..~’T’,~ ~1, (Compliance with California Corporations 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) CITY OF PALe ALTO IFB 140022 PAGE 6 OF 7roy. 12/00 FORMAL CONTRACT SECTION 500 CERTIFICATE OF ACKNOWLEDGMENT (Civil Code § 1189) STATE OF ).//~ / / f COUNTY OF.) ( /’ ~.t~so n a Ily appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)&r#are subscribed to the within instrument and acknowledged to me that,h~ehe/they executed the same in -~their authorized capacity(ies), and that byZ~i#tedtheir signature(s) on the instrument the person(s), or the entity upon behalf/:z[.which the person(s) acted, executed the instrument. CITY OF PALO ALTO IFB 140022 PAGE 7 OF 7rev, 12/00 ACORD CERTIFICATE pRODUCER R. L. M~!sner, Inc. CA License #0557311. P.O. Box 8197 Walnut Creek CA 94596 Phone: 925-932-0424 Fax:925-932-2317 It,~SURED Innerspace Engineering Corp.dba: Im~ersDace 924 A. South ~Dhlett Blvd.San .~ateo CA 94902 COVERAGES OF LIABILITY INSURANCF CSR¯"v ~q~ER-1 04/10/02 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURERA: ~emper Insurance Companies INSURER B:Lumbermans Mutual Ins. Co. INSURER C: INSURER D: INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTV~THSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. fNSRLTR TYPE OF INSURANCE I POLICY NUMBER l GE___NERAL LIABILITY~vlMERCIAL GENERAL LIABILITY CLAIMS MADE ~. OCCUR 7RD665077-01 7RD665077-0! 7RD665077-01 7BG 107305-00 POLICY EFFECTIVE POLICY EXPIRATIONDATE (MM/DD/YY)DATE U~IMIDD/YY) O9/lO/Ol O9/lO/Ol o9/zO/Ol 03/29/02 09/10/02 09/01/02 09/10/02 03/29/03 B LIMITS ~4’L AGGREGATE LIMIT APPLIES PER: POL,CY LOC AUTOMOBILE LIABILITY ~ANY AUTO ALL OWNED AUTOS ~SCHEDU’LED AUTOS __HIRED AUTOS X~NON-OWNED AUTOS GARAGE LIABILITY ~ANY AUTO ~ E~ESS LIABILITY ~ OCCUR ~ CLAIMS MADE ~DEDUCTIBLE RETENTION $ None WORKERS CO~."{PENSATION AND EMPLOYERS’ LIABILITY EACH OCCURRENCE I $ !, 000, 000 FIRE DAMAGE (Any one fire)I $300,000 MED EXP (Any one person)I S 10 , 000 PERSONAL & ADV INJURY I $.lt O00tO00 GENERAL AGGREGATE I $ 2 r 000, 000 PRODUCTS - COMP/OP AGG t $ 2 t 000 t 000 COMBINED SINGLE LIMIT(Ea acc{dent)$ i t 0 0 0 ~ 0 0 0 BODILY INJURY(Per person)$ BODILY INJURY(Per accident)S PROPERTY DAMAGE(Per accident) AUTO ONLY - EA ACCIDENT OTHER THAN ~ ACC AUTO ONLY:AGG EACH OCCURRENCE AGGREGATE ---’[OTHER 3ESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS The City of Pa!o Alto, its of’f.icers~ agents and empZoyees are named as an additional insured As Respects Genera! Liability Only And For the Insured’s Project #3467 at City Palo A!to - K. La!~aie, Public Works Department, 3202 E. Bayshore Road, Pa!o .~-Ito, CA 94301. Coverage is primary_ and not contributing with any other insurance. * !0 Days Notice For Non-Payment -~ERTIFICATE HOLDER J Y I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION City of Palo ~to Purchasing & Contracts Ach~in. 250 Hamilton Avenue, MS-~3 Palo Alto CA 94301 \CORD 25-S (7197) $ Xl WC SIATU- !E.L EACH ACCIDENT IS i000000 E.L. DISEASE - EA EMPLOYEEI S ! 000000 E.L- DISEASE- POLICY LIMITt S !000000 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY K{ND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ©ACORD CORPORATION 1988 independent contractor of any Plan insured under this coverage; and b.Your director or trustee while that person is handling funds or other property of any Plan insured under this coverage. If any Plan is insured jointly with any other entity under this insurance, you or the Plan administrator must select a Limit of Insurance for the Employee Dishonesty Coverage that is sufficient to provide an amount of insurance for each Plan that is at least equal to that required if each Plan were separately i0sured. If the Insured first named in the Declarations is an entity other than a Plan, any payment we make to that insured for loss sustained by any Plan(s) will be held by that insured for the use and benefit of the Plan(s) sustaining loss. 6.If two or more Plans are insured under this insurance, any payment we make for loss: a. Sustained bytwo or more Plans; or b.Of commingled funds or other property of two or more Plans; that arises out of one "occurrence" because of dishonest acts of employees is to be shared by each Plan sustaining loss in the proportion that the amount of insurance required bears for each such Plan under ERISA provisions bears to the total of those amounts. The Deductible provision of the Employee Dishonesty Coverage does not apply to loss sustained by any Plan subject to ERISA which is insured under this policy. S.WATER DAMAGE (SEWERS AND DRAINS) The Optional Coverage G.5., Water Damage (Sewers and Drains), is a grant of coverage provided for the limit indicated in the Declarations. The most we will pay for any loss under this coverage is $25,000 or the limit indicated in the Declarations, whichever is greater. THE FOLLOWING IS ADDED TO THE BUSINESSOWNERS LIABILITY COVERAGE FORM, BP 71 08: T.ADDITIONAL INSUREDS -BY CONTRACT: AGREEMENT OR PERMIT No Item 5. of Section C.-WHO IS AN INSURED, is deleted and replaced by the following: 5.Additional Insureds -- By Contract, Agreement Or Permit Any person or organization to whom or to which you are obligated by virtue of a written contract, agreement or permit to provide such insurance as afforded by this policy is an insured, but only with respect to liability arising out of: a."Your work" for that insured by you; b.Permits issued by state or political subdivisions for operations performed by you; or c. Premises you own, rent, occupy or use. This provision does not apply unless, the wri.tten contract or agreement has been executed, or the permit has been issued, prior to the "bodily injury," "property damage," "personal injury" or "advertising injury." This provision does not apply to any person or organization included as an insured under Additional lnsureds - Vendors. This insurance is primary and is not additional to or contributing with any other insurance carried by or for the benefit of Additional Insureds. AGGREGATE LIMIT OF INSURANCE (PER PROJECT) The following is added at the end of item b) of Section D.4., Aggregate Limits: This GenePal Aggregate Limit applies separately to each of your projects array from premises owned by or rented to you. BP 74 34 (Ed. 07 99)Page 7 of 8 Printed in U.S.A. PART II- PERFORMANCE BOND SECTION 610 A_’.’.’.’.’.’.’.’.’~D City of Pale Alto ~_~vj~I: $1~/L~.CO ~.ctor’s Per’[ormance Bond ’ WHEREAS, Ihe City Council of the City off Pale Al[o, Slale of Cahlornia ("Oily") and ~X~A~ (’Pr~ncipaF) have enlered into an agreemenl deled 4-2_-02 .. , and idenlified as MSg,Garage Mezzanine Storage Units which is hereby referred to and made a par[ hereof whereby Principal agrees to inslall and complele cerlain designaled pubiic improvement.s: and WHEREAS, Principal is required under [he terms of said agraemenl to furnish a bond for [he lailhlul pedormance el said agreemenL .... as Surely, inr~rpe~aled under ~e laws S~te el ~,anddulyaulhorizedlol~nsaclbusinessasanadmilledsure~=un~r~eLawsof Dollars ($~, O0 ....... ) fo~ ~e pa~ont whereof Pdndpal a~d Sure~ blnd themselves, [heir heirs, execulors, adm~nis#alors, s~c~ssors and assigns, joinlly and savorily, £~ly by these present. The condition at this obtigalJon is such that if lhe Principal, Pnncipal’s heirs, oxeculars, adminislralors, successors or assigns shall prampUy and (aith[ully keep and ~edorm the covenants, coqditions and provisions el the above-mentioned agreement and any allaralJon thereof, wilh or withoul nolice [o the Surety, and II Pdndpal shall sallsfy all claims and demands Incurred under such agreemenl and shall fully prelect, indemnify, defend and hold harmless City, iLs ol~cers, agents, and employees from all dairns. demands or liabililies which may arise by reason elf Principal’s failure to do so. and shall reimburse and repay City all ouL~ay andexpenses which City may incur in ma~ing good any de[fault, [hen [his obligation shall be null and void; otherwise, il shall remain in full [force and elfecl. As paF~ of bhe obiigal~ons secured herelo, and in addilion Io lhe [face amounl specified Iherelor, Lhere shall be included costs and reasonable expenses and fees, induding reasonable allorney’s [fees incurred by City in successfully enlorcing such obtigalions, all be la×ed as cosls and Included in any judgment rendered. Surety shall be liable tot any liquidal~ damages [for which Ihe Principal may be liable under ils agzeementv,4th the City. and such liquidated damages shall be pad o! Ihe obligations secured hereto, and ~n addition to [he face amounl specified therefor. The Surely hereby sliputales and agrees lhat no change, exlension of lime, alleration or addihon Io Ihe [arms o~" the agreement or to the work Io be performed Ihereunder or the Specifications accompanying Ihe same, shall m any way aflecl iL~ obligalions on this bond, and i[ does hereby waive nulice off any such change, exlension of time, allerallon or addillon Io [he terms of Ihe agreemenl orto lhe work or Io lhe specifications. WITNESS WHEREOF, lh,s inslrument has bee. duly execuled#.R~y.~he Surety ab~ve~l%,;3gl,,9.d..o..n~ 4- 24 2oo2. SURE~, ~ ~ ~~ ~~~ompany Name) PHONE NU~ER:~) ~ CERTIFICATE OF ACKNOWLEDGMENT (Civil Cod’=’ § 1189) STATE OF COUNTY OF .) ) On bolero me, Counly, personally appeared ¯ a nola~ public in and Ior said __, personally known to me (or proved to rn.e on the basis of salislaclony evidence) Io be lhe personls) vthose name(s) is/are subscribed Io lhe within insb’umenl and acknowledged Io me thai helshelthey execuled the same in his.~er/[heir aulhodzed capacity(ies), and [hat by hislherltheir signature(s) on the insbumenl the person(s), or the entity upon behalf of which Ihe person(s) acted, executed Ihe inslrument. WITNESS my hand and olfioal seal. Signalure (Seal) CITY OF PALe ALTO IFB #140022 PAGE 1 OF 1 CALIFORNIA ALL-PURPOSE ACKNO~1LEDGMENT State of California Counb, of Sonoma On /4-2/4@2 before me, CHERYL GRIGGS, NOTARY PUBLIC, personally appeared RICHARD A. JAFFEE, [] personally known to me -OR-[] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entit), upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signatur~ of Nedary / " Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this fm-m. CAPACITY CLAIMED BY SIGNER [] INDI\rIDUAL [] CORPOKATE OFFICER DESCRIPTION OF ATTACtt~D DOCUMENT [] PARTNER(S)[] LIMITED [] ATTOILNEY-IN-FACT [] TRUSTEE(S) [] GUARDIAN/CONSERVATOR OTEiER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) PART I1- PAYMENT BOND SECTION 620 Contractor’s Payment (Labor and Materials) Bond ~ ]~[j~)]~) ~x,] ~--].A~ WHEREAS, the City Council of the City of Pale AI,Lo ~A~ of California ("City") and ]-[x.’N’F~.%-]3A(-]:?, Ti’[~N]Fh-RTN~ (~.A_~q~cf.x~’~ (’Principal"), have entered into an agreement deled q--/-U/ , and identilied as MSC Garaqe Mezzanine Storaqe ’ Units, which is hereby referred to and made a part here of, whereby Principal agrees to inslall and complete cedain designated public improvements; and ~’,’]~A_ ~z~ WHEREAS, under the terms of said agreement, Principal is required before entering upon the perlormance of the to file a good and sufficient payment bond with the City of Pale Alto to secure the claims to which reference is made in Title 15 (commencing with Seclion 3082) or Park 4 of Division 3 of the Civil Code of the State of California. NOW, T-~__~EFORE, Principal and as Surely, incorporated under the laws of the State of ........ and duly authorized to lransacl business as an admitted surety, underJ,,be Laws of lhe Slate of California, are held and firmly bound unlo City in the penal sum of F]FF~ ~ q-FT]~qAkT~’¢Doflars ($ ~ for the payment ;,,’hereof Principal and Surety bind lhemselves, lheir heirs, executors, administrators, successors, and assigns, jointly and se.verally, firmly by these presents. ~’¢,’,.[~ ~ ~ The condition of this obligation is such lhat if Principal, Principal’s subconlractors, heirs, execulors, administrators, successors, or assigns shall fail to pay any of the persons, companies, or corporations, referred to in Section 3181 of the California Civil Code, as amended, with respect to any work of labor performed or materials supplied by any such persons, companies, or corporations, which work, labor, or materials are covered by the above-mentioned agreement and any amendments, changes, change order, additions, alterations, or modifications thereof, or any amounts due under the California Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Depadment from the wages of employees of the conlractor and his subconlraclors pursuant Io Section 13020 of the Unemployment Insurance Code, as amended, with respecl 1o such work and labor, the Surety wil! pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, the Surety will pay a reasonable atlomey’s fee to be fixed in court. It is hereby expressly Stil~ulated and agreed that this bond shall inure Io the benefit o! any and all persons, companies, and corporations entitled named in Section 3181 of the California Civil Code. as amended, so as to give a dght of aclion to them or their assigns in any suit brought upon this bond. The Surety hereby stipulates and agrees that no amendment, change, order, addition, alleration, or modification to [he terms of the agreement of to the work to be performed thereunder or the specitications accompanying the same, shall in any way affect its obligalions on lhis bond, and it does hereby waive notice of any such amendment, change, change order, addition, alleration, or modification to the terms of the agreement or to the work performed thereunder or to the specifications accompanying the same. IN WITNESS WHEREOF, this instrument has been duly executed by the Surety above named on /4-2/4 SURETY, ~J~D~ A[x~ (~ ]~-~:~.AL~C~ (Z]v~z~ PHONE NUMBER. (~J.J~) ~d~:~’-/-40’Z.L BY: ,2002. (Type Company Name.,, ~ CERTIFICATE OF ACKNOWLEDGMENT (Civil Code § 1189) STATE OF ) COUNTY OF ) On ......before me,, a notary public in and for said County. personally appeared .personally known fo me (orproved to me on the basis of satisfactory e~dence) to be the person(s) whose name(s) is/are subscribed to tile within instrument and acknowledged to me that he/she/they executed the same in his!her/their aulhorized capacity(ies), and tl~at by his/her/their signalure(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature CITY OF PALe ALTO: PAYMENT BOND IFB #140022 CALIFORNIA A.LL-PURPOSE ACKNOWLEDGMENT State of California County of Sonoma On 4-24-02 before me, CHERYL GRIGGS, NOTARY PUBLIC, personally appeared RICHARD A. JA_FFEE, personally lmown to me -OR-[] proved to ille on the basis of satisfactory evidence to be the person(s) ~vhose name(s) is/are subscribed to the within instrument and aclmowledged to me that he/she/they executed the same in his!her!their authorized capacity(ies), and that by his/her/their sigmature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seat. SiNaature of Notary " / Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattaclmaent of tiffs form. CAPACITY CLAIMED BY SIGNER [] INDIVIDUAL[] CORPO TE O ICER DESCRIPTION OF ATTACHED DOCUMENT [] PARTNER(S)[] LIMITED [] ATTORNEY-IN-FACT[] TRUSTEE(S) [] GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTiSNG: NAME OF PERSON(S) OR ENTITY(IES) United States Fidelity and Guaranty Company Fidelity and Guaranty Insurance Company Power of Attorney No. FC086800106 KNOW ALL MEN BY THESE PRESENTS: That United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, and that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, (herein collectively called the "Companies") and that the Companies do hereby make, constitute and appoint Richard A, Jaffee of the City of Santa Rosa , State of California lheir true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contract and executing or guaranteeing bonds and unde~akings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF , the Companies have caused this instrument to be signed this 1st day of October, 1999.. UNITED STATES FIDELITY AND GUARANTY COMPANY FIDELITY AND GUARANTY INSURANCE COMPANY By:, lichael R. McKibben, Assistant Secretary State of Maryland City of Baltimore On this the 1st day of October, 1999, before me, the undersigned officer, personally appeared Michael B. Keegan and Michael R. McKibben, who acknowledged themselves to be the Vice President and Assistant Secretary, respectively, of United States Fidelity and Guaranty Company and Fidelity and Guaranty Insurance Company, and that they, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the names of the corporations by themselves as duly authorized officers. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 13th day of July, 2002. Notary Public This Power of Attorney is granted under and by lhe authority of the following resolutions adopted by the Boards of Directors of United States Fidelity and Guaranty Company and Fidelity and Guaranty Insurance Company, on September 2, 1998, which resolutions are now in full force and effect, reading as follows: RESOLVED, that in connection with the fidelity and surety insurance business of lhe Company, all bonds, undertakings, contracts and other instruments relating to said business may be signed, executed, and acknowledged by persons or entities appointed as Attomey(s)-in-Fact pursuant to a Power of Attorney issued in accordance with these resolulions. Said Powers(s) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman, or the President, or any Vice President, or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the foregoing officers and the seat of the Company may be affixed by facsimile to any Power of Attorney or to any cadificate relating thereto appointing Attomey(s)-in-Fact for pu .rposes only ofexeculing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and subject to any limitations set forth therein, any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company, and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undedaking to which it is validly attached.; and RESOLVED FURTHER , that Attorney(s)-in-Fact shall have the power and authority, and, in any case, subject to the terms and limitations of the Power of Attorney issued them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undedakings, and other writings obligatory in the nature thereof, and any such instrument executed by such Attorney(s)-in-fact shall be as binding upon the Company as if signed by an E×eculive Officer and sealed and attested to by the Secretary of the Company. 1, Michael R. McKibben, Assistant Secretary of United States Fidelity and Guaranty Company and Fidelity and Guaranty Insurance Company, do hereby certi6, that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand this 24th day of April , 2002 . Michael R. McKibben, Assistant Secretary To veri~, the auttlenticity of this Power of Attorney, call 1-800--421-3880 and ask for the Power of Attorney clerk. Please refer to the Power of Attorney number, the above-named individuals and the details of the bond to which the power is attached. Form (Rev. [December 2000) Department o[ the Treasu~ internal Revenue Service Request for Taxpayer Identification Number and Certification Give form to the requester. Do not send to the IRS. Name (See Specific Instructions on page 2.) Business name, if different from above. (See Specific Ir~structlons on page 2. Check appropriate box: ~ IndividuallSole proprietor ~Corporation Address (number, street, and apt. or suite no.) City, state, and ZIP code [] Partnership [] Other ~- ...................................... Requester’s name and address (opdona!} ~1:’,~| Taxpayer Identification Number 0-IN) Enter your TIN in the appropriate box. For individuals, this is your social secudty number Social security number (SSN). However, for a resident alien, sole proprietor, or disregarded enti~, see the Part I instructions on page 2. For other entities, it is your employer identification number (EIN). If you do not or have a number, see How to get a TIN on page 2. Nd’te- ff the account is in more than one name, see the chart on page 2 for guidelines on whose number to enter. |~@11| Certification I! Employer identification number List account number(s) here (optional) For U.S. Payees Exempt From Backup Withholding (See the instructions on page 2.) Under penalties of perjury, I certify that: 1.The number shown on this form is my correct taxpayer identification number (or am waiting for a number to be issued to me), and 2.I am not subject to backup withholding because: (a) I am exempt from backup withholding, or {b) I have not been notified by the Internal Revenue Service ORS) that I am subjectto backup withholding as a result of a failure to report all interest or dividends, or (c) the 1RS has notified me that I am no longer subject to backup withholding, and 3. I am a U.S. p~rson (i~cluding a U.S. resident alien). Certification instructions. You must cross out item 2 above if you hav~ been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the Certification, but you must prov!de your correct TIN. (See the instructions on page 2.) ~ Sign Signature of ~-,~M+% <~~ O "~/~’~:~ /~ "~’-Here U.S. person ¯Date ¯ Purpose of Form A person who is required to file an information return with the IRS must get yourcorrect taxpayer identification number (TIN) to report, for example, income paid to’ you. real estate transactions, mortgage Interest you paid, acquisition or abandonment of secured property, cancellation o~ debt, or contributions you made to an lIRA. Use Form W-9 only if you are a U.S. person (including a resident alien), to give your correct TIN to the person requesting it (the requester) and. when applicable, to: 1. Certify the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify you are not subject to backup withholding, or 3. Claim exemplJon from backup withholding if you are a U.S. exempt payee. If you are a foreign person, use the appropriate Form W-8. See Pub. 515, Withholding of Tax on Nonresident Aliens and Foreign Corporations. Note: If a requester gives you a form other than Form W-9 to request your TIN, you must use the requester’s form ff ir is substantially similar to this Form W-9. What }s backupwithholding? Persons making certain payments to you must withhold and pay to the IRS 31% of such payments under certain conditions. This is called "backup withholding." Payments that may be subject to backup withholding inctude interest, dividends, broker and barter exchange transactions, rents, royalties, nonemployee pay, and certain ’ payments from fishing boat operators. Real estate transactions are not subject to backup withholding. If you give the requester your correct TIN, make the proper certifications, and report all your taxable interest and dividends on your tax return, payments you receive will not be subject to backup withholding. Payments you receive will be subject to backup withholding if: 1. You do not furnish your TIN to the requester, or 2. You do not certi~ your TIN when required (see the Part I11 instructions on page 2 for details), or 3. The IRS fells the requester that you furnished an incorrect TIN, or 4. The IRS tells you that you are subject to backup withholding because you did not report all iyour interest and dividends on your tax return (for reportable interest and dividends only), or 5. You do not certif~ to the requester that you are not subject to backup withholding under 4 above (for reportable interest and dividend accounts opened after 1983 only). Certain payees and payments are exempt frombackup withholding. See the Part tl instructions and the separate Instructions for the ReqUester of Form W-9. Penalties Failure to furnish TIN. If you fail to furnish your correct TIN to a requester, you are subject to a penalty of $50 for each such failure unless your failure is due to reasonable cause and not to willful neglect. CMI penalty for false information with respect to withholding. If you make a faJse statement with no reasonable basis that results in no backup withholding, you are subject t6 a $500 penalty. Criminal penalty for falsifying information. Willfully falsifying certifications or affirmations may subject you to criminal penalties including fines and!or imprisonment. Misuse of TINs. If the requester discloses or uses TINs in violation of Federal law, the requester may be subject to civil and criminal penalties. Cat. No. 10231X Form W-9 (Roy, 12-2000) ATTACHMENT B AMENDMENT NO. ONE TO CONTRACT NO. C2140022 BETWEEN THE CITY OF PALO ALTO AND INNERSPACE ENGINEERING CORPORATION This Amendment No. One to Contract No. C2140022 ("Agreement~) is entered into , by and between the CITY OF PALO ALTO ("CITY"), and INNERSPACE ENGINEERING CORPORATION, a California corporation, located at 924-A S. Amphlett Blvd., San Mateo, CA 94402-1801 ("CONTRACTOR"). RECITALS: WHEREAS, the Contract was entered into between the parties for the design and construction of three freestanding mezzanine storage units at the Municipa! Services Center; and WHEREAS, the parties wish to amend the Contract to increase the contractor’s compensation and expand the scope of services to include design and engineering services for the lighting and fire sprinklers systems associated with installation of the mezzanines and for upgrades and expansion of restroom facilities to meet Title 24 (ADA) requirements ("Additional Work"); NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this Amendment, the parties agree: SECTION i. Section 2 entitled "General Scope of Project and Work" is hereby amended to read in its entirety as follows: "General Scope of Project and Work. Contractor shall furnish labor, services, materials and equipment in connection with the design and construction of the Project and complete the design and construction work in accordance with the covenants, terms and conditions of this Contract to the Satisfaction of City. The Project, Design and Engineering Services and Construction Work is generally described in the MSC Garage Mezzanine Storage Area, Invitation for BID (IFB) 140022 and in Attachment "A-I" to this Amendment. Title of Project:MSC Garage Mezzanine Storage Area Bid: $57,900.00 Quote for Additional Work $21,750.00 Contract Total: $99,650.00" 030923 sm 0100130 SECTION 2. Section 3, entitled "Contract Documents", is hereby amended to add subsection "n" to read as fol!ows: Attachment "A-l" Additional Work." C2140022 Hezzanine Project SECTION 3. Section 4, entitled "COMPENSATION", is hereby amended to read in its entirety as fol!ows: "Compensation.In consideration of Contractor’s performance of its obligations hereunder, City shall pay Contractor the amounts-set forth in Contractor’s Bid ($57,900.00) and in Attachment "A-I" ($21,750.00) in accordance with the provisions of this Contract and upon the receipt of written invoices and all necessary documentation within the time set forth in the Contract Specifications and the Standard Drawings and Specifications (1992) or, if no time is stated, with thirty (30) days of the date of receipt of Contractors invoices." SECTION 4. Section 19 entitled "Additional Work Special Provisions" is hereby added to the Contract to read as follows: "This provision 19 applies only to the design and engineering work to be performed by Contractor as described in Attachment "A-l" hereto. Contractor represents and warrants that it has knowledge of the requirements of the federa! Americans with Disabilities Act of 1990, and the Government Code and the Health and Safety Code of the State of California, relating to access to public buildings and accommodations for disabled persons, and relating to facilities for disabled persons. CONSULTANT will comply with or ensure by its advice that compliance with such provisions will be effected pursuant to the terms of this Contract. CITY may order substantial changes in the scope or character of the Additional Work, either decreasing or increasing the amount of work required of Contractor. In the event that such changes are ordered, subject to the approval of CITY’s City Counci!, as may be required, Contractor will be entitled to full compensation for all work performed prior to Contractor’s receipt of the notice of change and further will be entitled to an extension of the time schedule. CITY will not be liable for the cost or payment of any change in work, unless the amount of additional compensation attributable to the change in work is agreed to, in writing, by CITY before Contractor commences the performance of any such change in work. Any and all errors, omissions, or ambiguities in the plans, specifications or drawings which are discovered by CITY before invitations to bid on a construction project are distributed by CITY, will be corrected by Contractor at no cost to CITY, 030923 sm 0100130 2 provided CITY gives notice to Contractor. Any and all errors, omissions, or ambiguities in the plans, specifications or drawings which are discovered by CITY after a construction contract is awarded by CITY, will be performed by Contractor, as follows: (a) at no cost to CITY insofar as the Conractor’s design services, will result in minor or nonbeneficial changes in the construction work required of the construction contractor; or (b) at CITY’s cost insofar as the Contractor’s design services will add a direct and substantial benefit to the construction work required of the construction contractor. The project manager in the reasonable exercise of his or her discretion will determine whether the Contractor’s design services will contribute minor or substantial benefit to the construction work. CONSULTANT will provide CITY with five (5) copies of the plans, specifications or drawings prepared for the Additional Work upon their completion and acceptance by CITY." SECTION 5. Section 20 entitled "Ownership" is hereby added to the Contract to read as follows: "Any plans, specifications, drawings, or other documents given to, or prepared or assembled by, CONSULTANT or its consultants, if any, under this Contract will become the property of CITY and wil! not be made available to any individual or organization by CONSULTANT or its consultants, if any, without the prior written approval of the city manager." SECTION 6. The following attachment is added to the Contract and incorporated in full by this reference: a."A-I" entitled "C2140022 Mezzainine Project Additional Work". // // // // // // // // // 030923 sm 0100130 3 SECTION 7. Except as herein modified, al! other provisions of the Contract, including any exhibits and subsequent amendments thereto, shall remain in ful! force and effect. IN WITNESS WHEREOF, the parties have by their duly authorized representatives executed this _~_mendment on the date first above written. ATTEST:CITY OF PALO ALTO City Clerk APPROVED AS TO FORM: Senior Asst. City Attorney APPROVED: Assistant City Manager Director of Administrative Services Director of Public Works Risk Manaoer Mayor By: /.._/(.~.] /" ...i Name: Title: Taxpayer _den~=~lcatlon 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) ATTACRL~ENTS: ._~acKment "h-!" :C2140022 Mezzanine Project Additional Work 030923 sm 0100130 4 CERTIFICATE OF ACKNOWLEDGMENT (Civil Code § 1189) STATE OF \ COUNTY OF On ~ ~i~bavi,~, ~ ~be-ore m~, the undersigned, a ~0~L[, _ appeared satisfactory evidence) to be the person(s) whose n~e(s) /~re’ subscrmb~o the wmthmn mnsur~ent, and acknowlg~d to me unat~~’£z~i exe~ted the ~me i~ ~~~ authorized capacit’~es) , and that by ~/~) signature(s) on the instr~ent the person(s), or the entity upon behalf of which the person(s) acted, executed the instr~ent. ~S~gnature of N4~ary Public 030923 sm 0100130 CERTIFICATE OF ACKNOWLEDGMENT (Civil Code § i!89) STATE OF < COUNTY OF ) ) ) personally known to me (or ’stored to me on the basis of satisfactory evidence) to be the person(s) whose name(s) _i~eJ subscri .b~o the within instrument, and acknowle~.d to me thate~ecu~ed ~he same ~n :.~~--~/~.he~ author~=ed capacity~_’es),, and that by _bPrs-lJ~r_l<n~i~] signature(s) on ~__e instruznent the person(s), or the entity~pon behalf of which the person(s) acted, executed the instrument. o~.!cialfWITNESS my hand and -~’ Signature of Public 030923 sm 0100130 ]£N GLN-KEI%IN G C©R_PGR_&TiON ]uiv ~ 2003 Ci%’ of Palo Alto 32~i E. Bayshore Rd, Polo Alto, CA 94303 Attn: Keith LaHaie P.O. # C2140022 - Mezzanine Proj oct Additional Work ~:=ith -~, ,, ,,,- .~qu~¢t, we are please to provide a quotation for the additional work on t~s proiect. ScoDeofW~ ~’ ’ ’...~r~: The ac~dlhonat work would mc!ude design and engmeering services for the !_ighi~ng and f#e spoor systems associated with the installation of the t~ee (3) mezz~es. 1~ wo~d a~o mdude the design ~td det~s of the ~--~ related to Lhe project, which are ~qu~od.. ~ for comp]iance with ~ederal, b~,e,-"~ and ADA access standards for [he res~ooms. This work does not include the provision of any pa~s, mateN-,_ds, permdts, andi’or labor required to cocnplete the cons~-u~ion or insir:dlation of these ilems. The total.price to do this work is as foho’ ~vs: Desig-v, & ....;no-m,,oc, -~-ru%" ~ Se~ices &: Drawings for Mghtmg & Sprm.kiers 58,500 ADA toile{ Design, Engmeering .z.- Drawings 1 i,500 Meetings with City Buiiding Department 1.750 Total for above $2!,750 ¯ e.ms. 10% 10, net 30 days for this portion of the work. Please let me know if you have any questions. smcerelv, Robert D. Bruce President E-real’,: ~qat.=s@(nner~cer-n_~.c~m ¯ wwwJnner~ac=-~-n_~,v-~m ATTACI~!ENT "A’l"