HomeMy WebLinkAbout2004-02-17 City CouncilCity of Palo Alto
City Manager’s Report
TO:
FROM:
HONORABLE CITY COUNC~ ~
CITY MANAGER DEPARTMENT: PUBLIC WORKS 3
DATE:
SUBJECT:
FEBRUARY 17, 2004 CMR:102:04
APPROVAL OF A CONTRACT WITH PHILIP HENRY
ARCHITECTURE IN THE AMOUNT OF $360,944 FOR DESIGN
SERVICES FOR THE ANIMAL SHELTER EXPANSION AND
RENOVATION PROJECT -CAPITAL IMPROVEMENT
PROGRAM PROJECT PE04014/10306
RECOMMENDATION
Staff recommends that Council approve and authorize the Mayor to execute the attached
contract (Attachment A) with Philip Henry Architecture in the amount of $ 360,944 for
design services for the expansion and renovation of the Animal Shelter.
DISCUSSION
In 1996, the City retained a consultant, Adamson Associates, to evaluate the condition of
all of the City’s buildings. In 1997, Adamson issued its report, which listed the specific
renovations needed at each City facility, estimated their costs, and recommended a
timetable for implementing them. These recommendations were then incorporated into
the City’s Infrastructure Management Plan (IMP.)
Adamson Associates recommended renovations for the Animal Shelter (Shelter) that
included electrical, mechanical, Americans with Disabilities Act (ADA) upgrades,
roofing, painting and flooring. There are a number of capital improvement projects that
had been planned for future years to accomplish this work. More recently, the need for a
new dog kennel has arisen in order to house an increased numbers of dogs that for safety
reasons must be isolated from other animals and from Shelter visitors.
On November 17, 2003 (CMR:516:03), Council approved a cost-sharing agreement with
the Cities of Sunnyvale, Mountain View, Los Altos and Los Altos Hills to provide animal
control services. The proposed expansion project would combine the renovations
recommended in the Adamson Associates report, new dog kennels and provide more
space for the shelter needs of both Palo Alto and the other cities. The existing office area
and kennel areas are approximately 3,600 and 2,000 square feet, respectively. The
improvements that would be designed by Philip Henry Architects under the attached
CMR:102:04 Page 1 of 3
contract would add roughly 2,000 square feet of office area and 2,400 square feet of
kennel (see Attachment B).
Design Consultant Selection
Summary of Bid Process
Proposal Description/Number and Renovation (RFP
Proposed Length of Project
Number of Proposals Mailed
Total Days to Respond to
Proposal
Pre-Proposal Meeting?
Number of Companies at Pre-
..... Proposal Meeting
..... Number of Proposals Received:
Company Name
1. George Miers & Associates
2. Philip Henry Architects
Range of Proposal Amounts
Submitted
Animal Shelter Expansion
#152254)
30 months
16
30
Date of Meeting
2
2
Location (City, State)Selected for Interview
Moraga, CA Yes
Berkeley, CA Yes
$270,538 to $171,000" (*George Meirs & Associates
did not include construction phase services or solar
design costs in their proposal)
An evaluation committee consisting of staff members from the Police Department and
Pubhc Works Engineering reviewed the two proposals received from interested design
firms and both firms were interviewed on July 8, 2003. Although both firms have
designed other animal shelters, staff recommends Philip Henry Architects because it had
taken the time to visit the Shelter on two earlier trips and had a clear idea of the needed
improvements. It also offered alternative design options and appeared very interested in
working with Palo Alto. Staff also phoned prior clients of both firms and believes that
Philip Henry Architects would be best suited for the expansion work.
The total design fee of $360,944 for Philip Henry Architects includes basic building
design/remodel services, green building design costs and construction administration
fees. Of the total fee, $30,000 will be paid from the Department of Energy (DOE) grant
money that will be used for the design of the photovoltaic power systems. The DOE
grant will also provide over $400,000 for construction of the solar panels and supporting
structures. Half of the design and construction costs for installing these solar power
systems will be reimbursed by the DOE. Since the Animal Shelter is an older building in
poor condition, the design fee also includes $43,167 (15 percent), for additional services
that may arise due to unforeseen building conditions.
CMR: 102:04 Page 2 of 3
RESOURCE IMPACT
Funding for the design services is budgeted in Capital Improvement Program (CIP)
Project PE-04014 (CIP Project #10306) in the amount of $365,000. Reimbursement
agreements have been approved with the cities of Sunnyvale, Mountain View, Los Altos
and Los Altos Hills, which will pay their share of the estimated design services by
January 1, 2004.
Cost sharing by other Cities
Estimated construction cost
Palo Alto portion of construction cost
Palo Alto portion of design fee
Philip-Henry Architects fee
Subtotal Design
$1,076,000
$1,460,000
$ 384,000
$ 66,480
$ 360,944
$3,347,424
Cost sharing by other Cities
Dept of Energy Solar Reimbursable
Total
($269,000)
($15,ooo)
$3,063,424
POLICY IMPLICATIONS
Approval of the contract is consistent with City policies.
ENVIRONMENTAL REVIEW
This project has been determined to have no significant effect on the environment and to
be Categorically Exempt from the requirement for the preparation of environmental
documents under the California Environmental Quality Act (CEQA) per CEQA
Guidelines, Article 19, Section 15303, Class 3, (c).
ATTACHMENTS
Attachment A: Contract
Attachment B: Conceptual Plan
PREPARED BY:
DEPARTMENT HEAD:
CITY MANAGER APPROVAL:
BENGARD
GLENN ROBERTS
Direc~r of Public Works-~
EMILY HARRISON
Assistant City Manager
CMR: 102:04 Page 3 of 3
ATTACHMENT A
CONTRACT NO.
BETWEEN THE CITY OF PALO ALTO AND
PHILIP HENRY ARCHITECTURE
FOR CONSULTING SERVICES
This Contract No. is entered into
, by and between the CITY OF PALO ALTO, a chartered
city and a municipal corporation of the State of California
("CITY"), and PHILIP HENRY ARCHITECTURE, a sole proprietorship,
located at 1306 Fourth Street, Berkeley,California 94710
("CONSULTANT").
RECITALS :
WHEREAS, CITY desires certain professional consulting
services (~Services") and the preparation and delivery of, without
limitation, one or more sets of documents, drawings, maps, plans,
designs, data, calculations, surveys, specifications, schedules or
other writings ("Deliverab!es") (Services and Deliverables are,
collectively, the "Project"), as more fully described in Exhibit
~A"; and
WHEREAS, CITY desires to engage CONSULTANT, including its
employees, if any, in providing the Services by reason of its
qualifications and experience in performing the Services, and
CONSULTANT has offered to complete the Project on the terms and in
the manner set forth herein.
NOW, THEREFORE, in consideration of the covenants, terms,
conditions, and provisions of this Contract, the parties agree:
SECTION i. TERM
i.i This Contract will commence on the date of its
execution by CITY, and will terminate upon the completion of the
Project, unless this Contract is earlier terminated by CITY. Upon
the receipt of CITY’s notice to proceed, CONSULTANT will commence
work on the initial and subsequent Project tasks in accordance with
the time schedule set forth in Exhibit "A". Time is of the essence
of this Contract. In the event that the Project is not completed
within the time required through any fault of CONSULTANT, CITY’s
city manager will have the option of extending the time schedule
for any period of time. This provision will not preclude the
recovery of damages for delay caused by CONSULTANT.
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SECTION 2.SCOPE OF PROJECT; CHANGES & CORRECTIONS
2.1 The scope of Services and Deliverables constituting
the Project will be performed, delivered or executed by CONSULTANT
under the phases of the Basic Services as described below.
2.2 CITY may order substantial changes in the scope or
character of the Basic Services, the Deliverables, or the Project,
either decreasing or increasing the amount of work required of
CONSULTANT. In the event that such changes are ordered, subject to
the approval of CITY’s City Council, as may be required, CONSULTANT
will be entitled to full compensation for all work performed prior
to CONSULTANT’s receipt of the notice of change and further will be
entitled to an extension of the time schedule. Any increase in
compensation for substantia! changes will be determined in
accordance with the provisions of this Contract. 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 CONSULTANT commences
the performance of any such change in work.
2.3 Where the Project entails the drafting and
submission of Deliverables, for example, construction plans,
drawings, and specifications, any and all errors, omissions, or
ambiguities in the Deliverables, which are discovered by CITY
before invitations to bid on a construction project (for which the
Deliverab!es are required) are distributed by CITY, will be
corrected by CONSULTANT at no cost to CITY, provided CITY gives
notice to CONSULTANT.
2.4 Any and all errors, omissions, or ambiguities in the
Deliverab!es, which are discovered by CITY after the construction
contract is awarded by CITY, will be performed by CONSULTANT, as
follows: (a) at no cost to CITY insofar as those Services,
including the Basic Services or the Additional Services, as
described below, or both, will result in minor or nonbeneficial
changes in the construction work required of the construction
contractor; or (b) at CITY’s cost insofar as those Services,
including the Basic Services or the Additiona! Services, or both,
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 Basic Services or the Additional Services, or both,
will contribute minor or substantial benefit to the construction
work.
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SECTION 3.
CONSULTANT
QUALIFICATIONS,STATUS,AND DUTIES OF
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3.1 CONSULTANT represents that it has the skills and
professional qualifications to furnish or cause to be furnished the
Services and Deliverab!es. CONSULTANT further represents and
warrants that the project director and every individual, including
any consultant (or contractors), charged with the performance of
the Services are duly licensed or certified by the State of
California, to the extent such licensing or certification is
required by law to perform the Services, and that the Project will
be executed by them or under their supervision. CONSULTANT will
furnish to CITY for approval, prior to execution of this Contract,
a list of all individuals and the names of their employers or
principals to be employed as consultants.
3.2 In reliance on the representations set forth in this
Contract, CITY hires CONSULTANT to execute, and CONSULTANT
covenants and agrees that it will execute or cause to be executed,
the Project.
3.3 CONSULTANT will assign Philip Henry as the project
director and project coordinator to have supervisory responsibility
for the performance, progress, and execution of the Project and
will represent CONSULTANT during the day-to-day work on the
Project. If circumstances or conditions subsequent to the
execution of this Contract cause the substitution of the project
director or project coordinator for any reason, the appointment of
a substitute project director or substitute project coordinator
will be subject to the prior written approval of the project
manager. If no substitute is approved, City shall terminate this
Agreement as provided in Section ii and CONSULTANT shall have no
further responsibility under this Agreement, except as provided in
Section 11.5.
3.4 CONSULTANT represents that it will:
3.4.1 Assist City to procure all permits and
licenses, and to give all notices which may be necessary and
incident to the due and lawful prosecution of the Project;
3.4.2 Keep itself fully informed of all existing and
future Federal, State of California, and local laws, ordinances,
regulations, orders, and decrees which may affect those engaged or
employed under this Contract and any materials used in CONSULTANT’s
performance of the Services;
3.4.3 At all times observe and comply with, and cause
its employees and consultants, if any, who are assigned to the
performance of this Contract to observe and comply with, the laws,
ordinances, regulations, orders and decrees mentioned above; and
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3.4.4 Will report immediately to the project manager,
in writing, any discrepancy or inconsistency it discovers in the
laws, ordinances, regulations, orders, and decrees mentioned above
in relation to the Deliverables.
3.5 Any Deliverables given to, or prepared or assembled
by, CONSULTANT or its consultants, if any, under this Contract will
become the property of CITY and will 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.
3.6 CONSULTANT will provide CITY with copies of any
documents which are a part of the Deliverables, as outlined in
Exhibit ~A" to this Contract, upon their completion and acceptance
by CITY.
3.7 If CITY requests additional copies of any documents
which are a part of the Deliverables, CONSULTANT will provide such
additional copies and CITY will compensate CONSULTANT for its
duplicating costs.
3.8 CONSULTANT will be responsible for employing or
engaging all persons necessary to execute the Project. All
consultants of CONSULTANT shall be approved in advance by City and
will be deemed to be directly controlled and supervised by
CONSULTANT, which will be responsible for their performance. If
any employee or consultant of CONSULTANT fails or refuses to carry
out the provisions of this Contract or appears to be incompetent or
to act in a disorderly or improper manner, the employee or
consultant will be discharged immediately from further performance
under this Contract on demand of the project manager.
3.9 In the execution of the Project, CONSULTANT and its
consultants, if any, will at all times be considered independent
contractors and not agents or employees of CITY.
3.10 CONSULTANT will perform or obtain or cause to be
performed or obtained any and all of the following Additional
Services, not included under the Basic Services, if so authorized,
in writing, by CITY:
3.10.1 Providing services as an expert witness in
connection with any public hearing or meeting, arbitration
proceeding,or proceeding of a court of record;
3.10.2 Incurring travel and subsistence expenses for
CONSULTANT and its staff beyond those normally required under the
Basic Services;
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3.10.3 Performing any other Additional Services that
may be agreed upon by the parties subsequent to the execution of
this Contract; and
3.10.4 Other Additional Services now or hereafter
described in Exhibit ~A" to this Contract.
3.11 CONSULTANT will be responsible for employing
all consultants deemed necessary to assist CONSULTANT in the
performance of the Services. The appointment of consultants must
be approved, in advance, by CITY, in writing, and must remain
acceptable to CITY during the term of this Contract.
SECTION 4. DUTIES OF CITY
4.1 CITY will furnish or cause to be furnished the
services listed in Exhibit ~A" and such information regarding its
requirements applicable to the Project as may be reasonably
requested by CONSULTANT.
4.2 CITY will review and approve, as necessary, in a
timely manner the Deliverables and each phase of work performed by
CONSULTANT. CITY’s estimated time of review and approval will be
furnished to CONSULTANT at the time of submission of each phase of
work. CONSULTANT acknowledges and understands that the
interrelated exchange of information among CITY’s various
departments makes it extremely difficult for CITY to firmly
establish the time of each review and approval task. CITY’s
failure to review and approve within the estimated time schedule
will not constitute a default under this Contract.
4.3 The city manager will represent CITY for all
purposes under this Contract. Karen Bengard is designated as the
project manager for the city manager. The project manager will
supervise the performance, progress, and execution of the Project,
and will be assisted by Holly Boyd, the project engineer.
4.4 If CITY observes or otherwise becomes aware of any
default in the performance of CONSULTANT, CITY will use reasonable
efforts to give written notice thereof to CONSULTANT in a timely
manner.
SECTION 5.COMPENSATION
5.1 CITY will compensate CONSULTANT for the following
services and work:
5.1.1 In consideration of the full performance of the
Basic Services set forth in Exhibit ~A", including any authorized
reimbursable expenses as outlined in Exhibit ~A", CITY will pay
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CONSULTANT a lump sum of Two Hundred Eighty Seven Thousand Seven
Hundred Seventy Seven Dollars ($287,777.00).
5.1.2 City has established an Additional Services
budget for work unrelated to solar and green building design in the
amount of Forty Three Thousand One Hundred Sixty Seven Dollars
($43,167.00). City has established an Additional Services budget
for work related to solar and green building design in the amount
of Thirty Thousand Dollars ($30,000.00). The City’s Project
Manager shall approve in writing and in advance of Consultant’s
performance of any Additional Services, the scope and fee for each
item of work to be performed as an Additional Service.
5.1.3 C0NSULTANT"S maximum compensation under this
Agreement shall not exceed Three Hundred Sixty Thousand Nine
Hundred Forty Four Dollars ($360,944.00) which is the total of the
amount set forth in section 5.1.1 for performance of Basic Services
and the tota! amount established in section 5.1.2 for the
performance of authorized Additional Services. CONSULTANT wil! not
be paid for extra work or changes, including, without limitation,
any design work or change order preparation, which is made
necessary on account of CONSULTANT’s errors, omissions, or
oversights.
5.2 The schedule of payments will be made as follows:
5.2.1 Payment of the Basic Services will be made in
monthly progress payments in proportion to the quantum of services
performed, or in accordance with any other schedule of payment as
may be set forth in Exhibit ~A", or within thirty (30) days of
submission, in triplicate, of receipt of a payment request if a
schedule of payment is not specified. Final payment will be made
by CITY after CONSULTANT has submitted all Deliverables, including,
without limitation, reports which have been approved by the project
manager.
5.2.2 Payment of the Additional Services will be made
in monthly progress payments for services rendered, within thirty
(30) days of submission, in triplicate, of such requests.
5.2.3 No deductions will be made from CONSULTANT’s
compensation on account of penalties, liquidated damages, or other
sums withheld by CITY from payments to general contractors.
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SECTION 6.ACCOUNTING, AUDITS, OWNERSHIP OF RECORDS
6.1 Records of the direct personnel expenses and
expenses incurred in connection with the performance of Basic
Services and Additional Services pertaining to the Project will be
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prepared, maintained, and retained by CONSULTANT in accordance with
generally accepted accounting principles and will be made available
to CITY for auditing purposes at mutually convenient times during
the term of this Contract and for three (3) years following the
expiration or earlier termination of this Contract. As used
herein, direct personnel expenses means salaries and mandatory and
customary benefits such as statutory employee benefits, insurance,
sick leave, holidays and vacations, pensions and similar benefits.
6.2 The originals of the Deliverables prepared by or
under the direction of CONSULTANT in the performance of this
Contract will become the property of CITY irrespective of whether
the Project is completed upon CITY’s payment of the amounts
required to be paid to CONSULTANT. These originals will be
delivered to CITY without additiona! compensation. CITY will have
the right to utilize any final and incomplete drawings, estimates,
specifications, and any other documents prepared hereunder by
CONSULTANT, but CONSULTANT disclaims any responsibility or
liability for City’s use of any incomplete design documents and for
any additions, alterations or modifications of such documents.
SECTION 7. INDEMNITY
7.1 CONSULTANT agrees to protect, indemnify, defend and
hold harmless CITY, its Council members, officers, employees and
agents, from any and all demands, claims, or liability of any
nature, including death or injury to any person, property damage or
any other loss, caused by or arising out of CONSULTANT’s, -its
officers’, agents’, consultants’ or employees’ negligent acts,
negligent errors, or negligent omissions, or willful misconduct, or
conduct for which applicable law may impose strict liability on
CONSULTANT in the performance of or failure to perform its
obligations under this Contract.
SECTION 8.WAIVERS
8.1 The waiver by either party of any breach or
violation of any covenant, term, condition or provision of this
Contract or of the provisions of any ordinance or law will not be
deemed to be a waiver of any such covenant, term, condition,
provision, ordinance, or law or of any subsequent breach or
violation of the same or of any other covenant, term, condition,
provision, ordinance or law. The subsequent acceptance by either
party of any fee or other money which may become due hereunder will
not be deemed to be a waiver of any preceding breach or violation
by the other party of any covenant, term, condition or provision of
this Contract or of any applicable law or ordinance.
8.2 No payment, partial payment, acceptance, or partial
acceptance by CITY wil! operate as a waiver on the part of CITY of
any of its rights under this Contract.
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SECTION 9.INSURANCE
9.1 CONSULTANT, at its sole cost and expense, will
obtain and maintain, in full force and effect during the term of
this Contract, the insurance coverage described in Exhibit "B",
insuring not only CONSULTANT and its consultants, if any, but also,
with the exception of workers’ compensation, employer’s liability
and professional liability insurance, naming CITY as an additional
insured concerning CONSULTANT’s performance under this Contract.
9.2 All insurance coverage required hereunder willbe
provided through carriers with Best’s Key Rating Guide ratings of
A:VII or higher which are admitted to transact insurance business
in the State of California. Any and all consultants of CONSULTANT
retained to perform Services under this Contract will obtain and
maintain, in full force and effect during the term of this
Contract, identica! insurance coverage, naming CITY as an
additional insured under such policies as required above.
9.3 Certificates of such insurance, preferably on the
forms provided by CITy, will be filed with CITY concurrently with
the execution of this Contract. The certificates will be subject
to the approval of CITY’s risk manager and will contain an
endorsement stating that the insurance is primary coverage and will
not be canceled or altered by the insurer except after filing with
the CITY’s city clerk thirty (30) days’ prior written notice of
such cancellation or alteration, and that the City of Palo Alto is
named as an additional insured except in policies of workers’
compensation, emp!oyer’s liability, and professional liability
insurance. Current certificates of such insurance will be kept on
file at all times during the term of this Contract with the city
clerk.
9.4 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
Contract. Notwithstanding the policy or policies of insurance,
CONSULTANT will be obligated for the full and total amount of any
damage, injury, or loss caused by or directly arising as a result
of the Services performed under this Contract, including such
damage, injury, or loss arising after the Contract is terminated or
the term has expired.
SECTION i0.WORKERS’ COMPENSATION
i0.i CONSULTANT, by executing this Contract, certifies
that it is aware of the provisions of the Labor Code of the State
of California which require every employer to be insured against
liability for workers’ compensation or to undertake self-insurance
in accordance with the provisions of that Code, and certifies that
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it will comply with such provisions, as applicable,
commencing the performance of the Project.
before
PROJECT
SECTION ii.TERMINATION OR SUSPENSION OF CONTRACT OR
Ii.i The city manager may suspend the execution of the
Project, in whole or in part, or terminate this Contract, with or
without cause, by giving thirty (30) days’ prior written notice
thereof to CONSULTANT, or immediately after submission to CITY by
CONSULTANT of any completed item of Basic Services. Upon receipt
of such notice, CONSULTANT will immediately discontinue its
performance under this Contract.
11.2 CONSULTANT may terminate this Contract or suspend
its execution of the Project by giving thirty (30) days’ prior
written notice thereof to CITY, but only in the event of a
substantial failure of performance by CITY or in the event CITY
indefinitely withholds or withdraws its request for the initiation
or continuation of Basic Services or the execution of the Project.
11.3 In the event of the death or disability of Philip
Henry, this Agreement shall terminate.
11.4 Upon such suspension or termination by CITY,
CONSULTANT will be compensated for the Basic Services and
Additional Services performed and Deliverables received and
approved prior to receipt of written notice from CITY of such
suspension or abandonment, together with authorized additional and
reimbursable expenses then due. If the Project is resumed after it
has been suspended for more than 180 days, any change in
CONSULTANT’s compensation will be subject to renegotiation and, if
necessary, approval of CITY’s City Council. If this Contract is
suspended or terminated on account of a default by CONSULTANT, CITY
wil! be obligated to compensate CONSULTANT only for that portion of
CONSULTANT’s services which are of direct and immediate benefit to
CITY, as such determination may be made by the city manager in the
reasonable exercise of her discretion.
11.5 In the event of termination of this Contract or
suspension of work on the Project by CITY where CONSULTANT is not
in default, CONSULTANT will receive compensation as follows:
11.5.1 For approved items of services, CONSULTANT will
be compensated for each item of service fully performed in the
amounts authorized under this Contract.
11.5.2 For approved items of services on which a
notice to proceed is issued by CITY, but which are not fully
performed, CONSULTANT will be compensated for each item of service
in an amount which bears the same ratio to the total fee otherwise
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payable for the performance of the service as the quantum of
service actually rendered bears to the services necessary for the
full performance of that item of service.
11.5.3 The total compensation payable under the
preceding paragraphs of this Section will not exceed the payment
specified under Section 5 for the respective items of service to be
furnished by CONSULTANT.
11.6 Upon such suspension or termination, CONSULTANT will
deliver to the city manager immediately any and all copies of the
Deliverables, whether or not completed, prepared by CONSULTANT or
its consultants, if any, or given to CONSULTANT or its consultants,
if any, in connection with this Contract. Such materials will
become the property of CITY.
11.7 The failure of CITY to agree with CONSULTANT’s
independent findings, conclusions, or recommendations, if the same
are called for under this Contract, on the basis of differences in
matters of judgment, will not be construed as a failure on the part
of CONSULTANT to fulfill its obligations under this Contract.
SECTION 12.ASSIGNMENT
12.1 This Contract is for the personal services of
CONSULTANT, therefore, CONSULTANT will not assign, transfer,
convey, or otherwise dispose of this Contract or any right, title
or interest in or to the same or any part thereof without the prior
written consent of CITY. A consent to one assignment wil! not be
deemed to be a consent to any subsequent assignment. Any
assignment made without the approval of CITY will be void and, at
the option of the city manager, this Contract may be terminated.
This Contract wil! not be assignable by operation of law.
SECTION 13.NOTICES
13.1 All notices hereunder will be given, in writing,
and mailed, postage prepaid, by certified mai!, addressed as
follows:
//
To CITY:Office of the City Clerk
City of Palo Alto
Post Office Box 10250
Palo Alto, CA 94303
To CONSULTANT: Attention of the project director
at the address of CONSULTANT recited above
SECTION 14.CONFLICT OF INTEREST
i0
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14.1 In accepting this Contract, 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.
14.2 CONSULTANT further covenants that, in the
performance of this Contract, it will not employ contractors or
persons having such an interest mentioned above. CONSULTANT
certifies that no one who has or will have any financia! interest
under this Contract 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.
SECTION 15.NONDISCRIMINATION
15.1 As set forth in the Palo Alto Municipal Code, no
discrimination will bemade in the employment of persons under this
Contract because of the age, race, color, national origin,
ancestry, religion, disability, sexual preference or gender of such
person. If the value of this Contract is, or may be, five thousand
dollars ($5,000) or more, CONSULTANT agrees to meet all
requirements of the Palo Alto Municipal Code pertaining to
nondiscrimination in employment, including completing the requisite
form furnished by CITY and set forth in Exhibit "C"
15.2 CONSULTANT agrees that each contract for services
from independent providers will contain a provision substantially
as follows:
"[Name of Provider] will provide CONSULTANT
with a certificate stating that [Name of
Provider] is currently in compliance with all
Federal and State of California laws covering
nondiscrimination in employment; and that
[Name of Provider] will not discriminate in
the employment of any person under this
contract because of the age, race, color,
national origin, ancestry, religion,
disability, sexual preference or gender of
such person."
15.3 If CONSULTANT is found in violation of the
nondiscrimination provisions of the State of California Fair
Employment Practices Act or similar provisions of Federal law or
executive order in the performance of this Contract, it will be in
default of this Contract. Thereupon, CITY will have the power to
cancel or suspend this Contract, in whole or in part, or to deduct
the sum of twenty-five dollars ($25) for each person for each
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calendar day during which such person was subjected to
discrimination, as damages for breach of contract, or both. Only a
finding of the State of California Fair Employment Practices
Commission or the equivalent federal agency or officer will
constitute evidence of a breach of this Contract.
SECTION 16. MISCELLANEOUS PROVISIONS
16.1 CONSULTANT represents and warrants that it has
knowledge of the requirements of the federal 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.
16.2 Upon the agreement of the parties, any controversy
or claim arising out of or relating to this Contract may be settled
by arbitration in accordance with the Rules of the American
Arbitration Association, and judgment upon the award rendered by
the Arbitrators may be entered in any court having jurisdiction
thereof.
16.3 This Contract will be governed by the laws of the
State of California, excluding its conflicts of law.
16.4 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 or in the United States District Court
for the Northern District of California in the County of Santa
Clara, State of California.
16.5 The prevailing party in any action brought to
enforce the terms of this Contract or arising out of this Contract
may recover its reasonable costs and attorneys’ fees expended in
connection with that action.
16.6 This document represents the entire and integrated
Contract between the parties and supersedes all prior negotiations,
representations, and contracts, either written or oral. This
document may be amended only by a written instrument, which is
signed by the parties.
16.7 All provisions of this Contract, whether covenants
or conditions, will be deemed to be both covenants and conditions.
16.8 The covenants, terms, conditions and provisions of
this Contract will apply to, and will bind, the heirs, successors,
executors, administrators, assignees, and consultants, as the case
may be, of the parties.
12
040211 sm 0100156
16.9 If a court of competent jurisdiction finds or rules
that any provision of this Contract or any amendment thereto is
void or unenforceable, the unaffected provisions of this Contract
and any amendments thereto will remain in full force and effect.
16.10 All exhibits referred to in this Contract and any
addenda, appendices, attachments, and schedules which, from time to
time, may be referred to in any duly executed amendment hereto are
by such reference incorporated in this Contract and will be deemed
to be a part of this Contract.
16.11 This Contract may be executed in any number of
counterparts, each of which will be an origina!, but all of which
together will constitute one and the same instrument.
16.12 This Contract is subject to the fiscal provisions
of the Charter of the City of Palo Alto and the Pa!o Alto Municipal
Code. This Contract 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 of
the fiscal year and funds for this Contract are no longer
available. This Section 16.12 will take precedence in the event of
a conflict with any other covenant, term, condition, or provision
of this Contract.
//
//
//
//
//
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IN WITNESS WHEREOF, the parties hereto have by their duly
authorized representatives executed this Contract on the date first
above written.
040211 sm 0100156
13
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 Manager
Mayor
PHILIP HENRY ARCHITECTURE
By:
Name:
Title:
Taxpayer Identification No.
(Compliance with Corp. Code § 313 is
required if the entity on whose behalf
this contract is signed is a corporation.
In the alternative, a certified corporate
resolution attesting to the signatory
authority of the individuals signing in
their respective capacities is acceptable)
Attachments :
EXHIBIT "A" :
EXHIBIT "B" ¯
EXHIBIT "C" :
SCOPE OF PROJECT & TIME SCHEDULE
INSURANCE
NONDISCRIMINATION COMPLIANCE FORM
04021 t sm 0100156
14
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code § 1189)
STATE OF )
) SS.
COUNTY OF )
On , 2004, before me, the undersigned, a
Notary Public in and for said County and State, personally appeared
, 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 entity upon
behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature of Notary Public
040211 sm 0100156
15
EXHIBIT "A"
CITY OF PALO ALTO
ANIMAL SHELTER
EXPANSION AND RENOVATION PROJECT
SCOPE OF WORK
1. GENERAL INFORMATION/BACKGROUND
The City of Palo Alto owns and operates the Palo Alto Animal Shelter at 3281
East Bayshore Road, Palo Alto. The facility is part of Palo Alto’s Municipal
Services Center complex, which includes other office, maintenance, workshop,
storage, etc. facilities. The Animal Shelter facility consists of:
¯ approximately 3,600 square feet of offices, administration space, a lobby, cat
rooms, restrooms, storage, a kitchen and a spay/neuter clinic
¯an approximately 2,000 square foot dog kennel
¯a small isolation dog kennel/cat cages
¯a small barnyard
¯a fenced "get acquainted" area
¯exterior walkways
¯landscaping
¯a public parking lot in front and a secured parking lot in back for Animal
Control vehicles.
The Animal Shelter is a one story, wood-framed building with stucco siding and a
tar and gravel roof. It was originally constructed in 1972 and there have been
two minor additions. The facility is in need of various renovations, including
electrical, mechanical, accessibility, roofing, painting, flooring, etc. The City had
planned a number of capital improvement projects over the next few years to
accomplish this work. A new dog kennel had also been planned to be added to
the facility. This project will combine the expansion, renovation and new dog
kennel projects into one facility.
The Animal Shelter serves the cities of Palo Alto, Mountain View, Los Altos and
Lost Altos Hills. The City of Palo Alto recently entered into an agreement with
the City of Sunnyvale, Mountain View, Los Altos and Los Altos Hills to provide
animal shelter services for Sunnyvale commencing in 2005. Accordingly, the
existing facility will need to be expanded.
City staff have proposed a $1,275,000 construction and furnishings budget for
the "Expansion and Renovation" project for Fiscal Year 2004/05. The City
intends to have the construction performed while the existing facility stays in
Page 1 of 9
operation and to complete the project and open the expanded facility by June 30,
2OO5.
2. SERVICES
General Task
The consultant shall provide architectural services, including conceptual design,
schematic design, design development, construction documents, and
construction administration for both the expansion and renovation of the existing
facility and the construction of a separate dog kennel.
Expansion and Renovation Proiect: Pre-desi,qn Tasks
a. The consultant shall obtain and review all reports and plans for the facility
prior to design.
b. The consultant shall meet with City staff to discuss and plan the project tasks
and schedule.
c. The consultant shall design the project in accordance with the City’s recently
adopted Green Building Policy, (attachment 1), in regards to renovation, site
improvements, building systems or components replacement, and demolition
work. Photovoltaic power and hot water heating is envisioned for the
Expansion and Renovation project.
1.Solar hot water design will provided by a licensed mechanical
engineer under subcontract to Philip Henry Architecture.
2. Life cycle cost analysis for solar hot water heating and major mechanical
system will be provided under subcontract to Philip Henry Architecture.
d. Consultant shall coordinate the work with a Project Artist ("artist") in order to
integrate art into the project. The Consultant may propose an artist to work with,
or may request that the City provide the artist. In either case, the artists’ fee shall
be paid by City.
e. The consultant shall provide the services of a licensed geotechnical
engineer to conduct a geotechnical investigation of the site and to provide
a report of geotechnical recommendations
f. The consultant shall provide the services of a licensed civil or structural
engineer to analyze the existing building’s structural system and to provide
a report of recommended retrofits to bring the building’s structural system
into conformance with the current code.
g. The consultant shall provide the services of a licensed civil engineer to
design any needed stormwater or wastewater connections. New sanitary
lines (or connection to existing lines) are anticipated for the new kennel.
Page 2 of 9
h. The consultant shall provide the services of a licensed landscape architect
to provide landscaping at the front of the site.
i. The consultant shall provide the services of a licensed electrical engineer
to analyze the existing electrical system and user needs and to provide a
report of recommended upgrades to this system to meet current code
requirements and user needs.
j.The consultant shall provide the services of a licensed electrical engineer
to design a new telecommunications voice/data cable system to meet
current code requirements and user needs. This cable system will
connect to the existing telecommunications equipment. (Based on
information provided by the users, the existing telecommunication
equipment is adequate for the new addition.)
k.The consultant shall provide the services of a licensed mechanical
engineer to analyze the existing mechanical and plumbing systems and
user needs and to provide a report of recommended upgrade to these
systems to meet current code requirements and user needs.
I. The consultant shall analyze the existing building and site to determine
their compliance with accessibility requirements in the current codes and
to provide a report of recommended modifications in order to meet these
requirements.
m. The consultant shall provide an asbestos and lead survey for the existing
building.
n. The consultant shall provide the services of a licensed electrical engineer
to analyze and provide recommended upgrades to the existing California
Security System.
o. The consultant shall provide the performance specifications for the fire
sprinkler system and for the fire sprinkler line from the public street to the
building.
p. The consultant shall provide the design of a wireless duress monitoring
system and duress intercom system.
Expansion and Renovation Project: Design Tasks
Using Due Professional Care:
a. The consultant shall design all accessibility improvements for the existing
facility and site to meet the current code requirements. The consultant shall
design the addition to be fully accessible per current code requirements.
b. The consultant shall design all seismic retrofits for the existing facility and the
structural system of the addition to meet current code requirements.
c. The consultant shall design all electrical and telecommunication upgrades for
the existing facility and the electrical and telecommunication systems for the
addition to meet current codes and user needs and reasonable spare
capacity.
d. The consultant shall design all mechanical and plumbing improvements for
the existing facility and the mechanical and plumbing systems for the addition
Page 3 of 9
eo
to meet current codes and user needs. Air conditioning is to be added to the
entire facility.
Upgrade drainage system for existing kennels.
All design work shall meet the provisions of the 2001 California Building Code
and applicable City of Palo Alto Ordinances and Standards.
1. Renovation of the two restrooms (which are shared by staff and
public) will be needed in order to comply with Americans with
Disabilities Act (ADA) and Title 24 requirements. Items that do not
appear to be in compliance are: toilets are too close to the wall
(17" versus 18" minimum); seat height is 15" above finished floor
instead of 17-19"; door opening is 29" instead of the required 32";
other fixtures (soap dispenser, paper towel holders, mirror, grab
bars) need to be either installed or modified; women’s restroom
may need to have lockers moved and a new partition installed (or
converted into a single person restroom); men’s restroom would
likely be most easily converted into a single restroom.
g. The consultant shall design the site improvements, including the parking lot
expansion/relocation/lighting, walkways, signage and landscaping.
h. The consultant shall prepare and present completed conceptual designs to
staff and the Architectural Review Board (ARB) for review(s) before
proceeding to schematic design. The consultant shall make any design
revisions necessary as a result of these reviews.
i. The consultant shall prepare and present completed design development
plans to staff and the ARB for review before proceeding to the construction
documents phase. The consultant shall make any design revisions
necessary as a result of these reviews.
j.The consultant shall provide progress prints of the design at the agreed
design phases, anticipated at Design Development Phase, 50%, 90% and
Final completion of design.
ko The consultant shall provide draft project specifications for City review during
the construction documents phase. The consultant shall incorporate any
revisions to the specifications requested by City staff and shall then produce
final project specifications.
I. The consultant shall provide itemized opinion of probable construction costs
at the conclusion of the conceptual design and construction documents
phases.
m. The consultant shall assist City staff to obtain a building permit(s) for any
construction from the City’s Building Department by furnishing all necessary
plans, specifications and calculations.
n. The consultant shall attend a pre-bid conference for interested contractors.
o. The consultant shall assist City staff in preparing any addenda.
po The consultant shall assist City staff during the bidding of the construction
contract by responding to questions from prospective bidders in writing.
q. The consultant shall attend regular (probably monthly) meetings with City staff
to review the progress, details and cost of the work.
Page 4 of 9
r.The Consultant shall coordinate his work with City staff in order to aide in the
preparation of a construction staging plan with temporary construction trailers
and temporary utilities. The plan shall be dimensioned and drawn by City
staff with input from Consultant.
s. The proposed design elements of the Kennel are:
-Chain link-style fencing for dog runs
- Concrete floors, with drains that are easily cleaned and non-
clogging
-Visual barriers between kennels
-Guillotine doors and tracks
-Roof over the 6’x6’ kennel portion with an open-air run
-Add new sewer line and connection
-Computer/LAN and phone lines
-Gas line
-Electric connection
-Covered walkway leading to the kennels
t.Design the repair of the wall separation in the Spay & Neuter area of the
building.
Construction Sta,qe - Expansion and Renovation
a.The consultant shall provide construction administration services during
construction:
2.
3.
4.
5.
Visit the site at intervals appropriate to the stage of operations.
Respond to requests for information.
Review and take action upon submittals.
Prepare change orders and construction change directives.
Review contractors list of items to be completed prior to final
payment.
Develop punch list and inspect to determine whether the work is
substantially complete.
b. Construction Observation
The Consultant shall visit the site at intervals appropriate to the stage of
construction, or as otherwise agreed to in writing by the Client and the
Consultant, in order to observe the progress and quality of the Work
completed by the Contractor. Such visits and observations are not
intended to be an exhaustive check or a detailed inspection of the
Contractor’s work but rather are to allow the Consultant, as an
experienced professional, to become generally familiar with the Work in
progress and to determine, in general, if the Work is proceeding in
accordance with the Contract Documents.
Page 5 of 9
Based on this general observation, the Consultant shall keep the Client
informed about the progress of the Work and shall endeavor to guard the
Client against deficiencies in the Work.
If the Client desires more extensive project observation or full-time project
representation, the Client shall request that such service be provided by
the Consultant as Additional Services in accordance with the terms of this
Agreement.
The Consultant shall not supervise, direct or have control over the
Contractor’s work nor have any responsibility for the construction means,
methods, techniques, sequences or procedures selected by the
Contractor nor for the Contractor’s safety precautions or programs in
connection with the Work. These rights and responsibilities are solely
those of the Contractor in accordance with the Contract Documents.
The Consultant shall not be responsible for any acts or omissions of the
Contractor, subcontractor, any entity performing any portions of the Work,
or any agents or employees of any of them. The Consultant does not
guarantee the performance of the Contractor and shall not be responsible
for the Contractor’s failure to perform it’s Work in accordance with the
contract Documents or any applicable laws, codes, rules or regulations.
The consultant shall work with the general contractor to provide record drawings
for all construction work:
Upon completion of the Work, the Consultant shall compile for and deliver
to the Client a reproducible set of Record Documents based upon the
marked-up record drawings addenda, change orders and other data
furnished by the Contractor. These Record Documents will show
significant changed made during construction. Because these Record
Documents are based on unverified information provided by other parties,
which the Consultant shall assume will be reliable, the Consultant cannot
and does not warrant their accuracy.
3. MEETINGS
Ao Expansion and Renovation Project
1. The consultant shall prepare presentation materials for, and attend up to 3
Architectural Review Board meetings. Consultant shall budget each
meeting at up to four hours (this includes the ’waiting’ time) and shall
include travel time.
Page 6 of 9
2.Consultant shall prepare presentation materials for, and attend up to 1
Planning Commission meeting. Consultant shall budget each meeting at
up to four hours (this includes the ’waiting’ time) and shall include travel
time.
3. Consultant shall prepare presentation materials for, and attend up to 1
City Council meeting. Consultant shall budget each meeting at up to four
hours (this includes the ’waiting’ time) and shall include travel time.
4. Consultant shall attend up to 2 meetings with the Public Art Commission
("Commission"). The work of the artist is the primary focus of these
meetings, however Consultant will need to work with the artist in order to
provide supporting information that shows the Commission how art would
be worked into the project. Consultant shall budget each meeting at up to
four hours (this includes the ’waiting’ time) and shall include travel time.
Consultant shall meet with staff as needed throughout the project.
4.WORK PRODUCT SUBMITTALS
1.In addition to progress prints and materials needed for formal
presentations (ARB, Council, etc) submittals are required at the following
stages for staff review:
Design Development (Conceptual Plans): 5 half-size plan sets
3. 50% plans: 5 half-size plan sets, 5 specifications (CSI format), 5 opinions
of probably construction costs.
4. Final Draft CD (90%): 5 half-size plan sets, 5 full-size plan sets, 5
specifications, 5 opinion of probable costs.
5. Plan Check Submittal: 15 full-size sets, 5 half-size sets, 20 specifications
6. Project Drawings and Specifications: provide one set of reproducible
mylars and specifications to the City. City will, at it’s own expense,
reproduce enough copies of these documents for construction bidding
purposes.
Project Specifications shall be in the CSl format. Consultant shall prepare any
technical sections. City will provide the standard boilerplate (work hours,
duration, truck routes, etc).
Immediately after completion of the construction phase and acceptance by the
City, the consultant shall submit to the City one complete set of record
drawings reflecting as-built conditions in digital format for archiving. All files
should be delivered in AutoCAD.dwg format. For each CD delivery, a simple
text file will need to accompany the files. This is called a Metadata file and will
include the date of the file, the company name and contact information, along
with the technician who prepared them.
5.ADDITIONAL SERVICES - SUBJECT TO ADDITIONAL COMPENSATION
Page 7 of 9
Expansion and Renovation Project
These services include, but are not limited to: additional design services such as
parking lot or lighting design; hazardous materials testing or removal and
additional meetings with the ARB, Council, etc. To ensure a coordinated work
effort, any work beyond this Scope of Work shall be approved in advance in
writing by the Project Manger. The Architect will not be required to provide
Additional Services if the sum of the Additional Services fee exceeds.the
Additional Services budget.
-Site topographic survey with existing structures
-Hazardous materials abatement specifications
-Hazardous materials abatement construction administration
-Value engineering (other than life cycle costs of systems)
-Sewer pumping station
-Increase in building electrical service and coordination with PG&E
Additional Solar and Green Buildin.q Desi.qn
The City has recently been awarded a Department of Energy Grant that will allow
for additional photovoltaic installation, beyond hot water heating already
described in the Basic Services section above. An example of this sort of work
might be adding solar panels onto shed-type roofs in the parking lot, which would
in turn provide shade for cars as well as power, or adding solar roofing tiles. This
Additional Solar and Green Building Design work would include, but is not limited
to, providing a photovoltaic power design feasibility report, proposing alternative
design locations or applications, meetings with staff and Architectural Review
Board, design of the selected additional solar or energy-efficient components.
The scope and fee for each item of work under this heading shall be negotiated
with the Consultant and approved in writing by the Project Manager before any
work is authorized to commence. The Architect will not be required to provide
Additional Solar and Green Building Design if the sum of the Additional Solar and
Green Building Design fee exceeds the Additional Solar and Green Building
Design budget.
7.PROJECT ADMINISTRATION
Karen Bengard (Public Works, Engineering Division) will be the Project Manager
and Holly Boyd will be the Project Engineer unless directed otherwise by the City.
All questions, correspondence and invoices shall be directed to the Project
Engineer. The project work is being performed for the Police Department,
Animal Service Division. Sandi Stadler is the Animal Services Superintendent
and Connie Urbanski is the shelter Supervisor. To ensure a coordinated work
Page 8 of 9
effort, any work beyond this Scope of Work shall be approved in advance in
writing by the Project Manager.
8. INFORMATION TO BE PROVIDED BY THE CITY
The City will give the consultant copies of all applicable record drawings and
reports of the Animal Shelter after the award of the. consultant agreement. The
consultant may use such information in performing its services and is entitled to
rely upon the accuracy and completeness thereof.
9. TIME OF COMPLETION
Consultant shall complete all General and Design Tasks for the Expansion and
Renovation project 72 weeks after the notice to proceed is issued. The
Consultant shall submit a timeline showing major milestones for achieving this
deadline 14 days after the notice to proceed is issued.
Page 9 of 9
PRODUCER
D~ley, P.en~on & ASBooiates
P. O. BOx 12675 A]-rN: SFK
Oakland, CA 94604-2675
510 :~65-~090 -
EXHIBIT "B"
ul~ent~: 11~ PHILIHENR
CERTIFICATE OF LIABILITY INSURANCE !12/ /0 OAT MM’O0
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.
Philip Henry Arch{tecture
1306 Fourth Street
Berkeley, CA 94710
INSURERS AFFORDING COVERAGE
,NSURER A: United States Fidelity & Guaranty
INSURER a:Security Ins. Co. of Hartford
iNSURER C:
, INSURER D:
INSURER E:
COVERAGES
THE POLJCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSUPJkNCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POUCIES. AGGREGATE uMrrs SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSRLTR TYPE OFINSURANOE
A IGENERALLIABILITY
A
POLICY NUMBER
!BK01582945
COMMERC,AL GENERAL L,AB,LrrY I Policy Excludes
CLAIMS MADE~ OCCUR Claims Arising
lout ofthe
Performance of
GEN’L AGGREGATE L]MITAPFtlES PE~ ProfessionalOOL,oYiX --q Ro-!servicesJEOT~ LOC
AUTCMOBtLE LIABtLITY
__.JANYAUTO
i ALL OWNED AUTOS
[--"~{SCHEDULED AUTOS
~HIREDAUTOS
NON-OWNED AUTOS
~RAGE LIABILITY
ANY AUTO
EXCESS LIABILITY
POLICY EFFECTIVE IPOLICY EXPIRATIONID,,ATE {MM/D D/Y~ DATE {MM/D DIYY~I
o111o/o4
~ OCCUR i___~ CLAIMS MADEt
~L~} DEDUCTIBLE
I RETENTION
WORKERS COMPENSATION AND
EMPLOYERS’ LIABILITY
01/10/04
LIMITS
01/10/05 EACH OCCURRENCE
! FiRE DAMAGE (Any one firsi s1,000,000
NED EXP (Any one person) 1 $10~000
P-R,~DNAL & ADv {NJURY { el,000,000
I GENERAL AGOREGATE I $2;000~,000
PRODUCTS-COMP!OP AGGi ~2,000,000
I
01/10/05 COMBINED SINGLE LIMIT sl,""","""uuuuw(Ea ~cciclsnt)
BODILY INJURYPer person)S
BODILY INJURY
(Per accident)
PROPERTY DAMAGE
(Per accident)
tAUTO ONLY- EA ACCIDENTt
[OTHERTHAN EAACC [$
/AUTO ONLY:AGG I$
CITY OF PALO ALTO L EACH OCCURRENCEtAGGREGATE
WO STATU -OTH 2,TORY LIMITS !t ER~ACCIDENT
IE.L.DISEASE-EA EMPLOYEE
!E.L. DISEASE-POLICY LIMI’[
$1,000,000 per claim
81,000,000 a~nl aggr.
R.=CE VeD
PUBLIC WORKS E!GINEERING
OTHER Professional
iLiability
i AEE0229514 03/25/03
$
$
DESCRIPT|ON OF OPERATIONSILOCATIONSIVEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
GENERAL AND AUTOMOBLE LIABILITY ADDITIONAL INSURED: The City of Paid Alto
All operations of the Named Insured.
Insurance is primary and non-contributory.
Severability of Inrerest Clause Applies.
CERTIFICATE HOLDER : i ADDmONAL{NSURED’JNSUR~9~L~FTE~_ ~-
CRy of Paid Alto
A’IU’N: Holly Boyd
Purchasing & Contract Admin
P.O. Box 10250
Paid Alto, CA 94303
CANCE~JLAT!ON "r r~.. ,,~.-.,,~ ,-.. ,,,........
SHOULD ANYOFTHE ABOVE DESCFIIBED POLJCIEB BECANCELLED BEFOF~ THE E)~::~::LAT[CN
DATETHEREOF,THE ISSUING INSURER WILLED MAII.~:}.._._ DAYSWRrrrEN
NOTICETG33HE CER’rtF{OA’FE HOLDERNAMEDTOTHE LEFT,
S,
AUTHORI B, r.tL~
Policy Number: BK01582945
Ow~ers, Lessees or Contractors (Form B)ADDITIONAL INSURED
Change(s) Effective: 12 / 2 2 / 0 3
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT
CAREFULLY, This endorsement modifies insurance policy under the following:
LIABILITY COVERAGE PART:
Name of Person or Organization:
City of Palo Alto
ATTN: Holly Boyd
Purchasing & Contract Actmin
P.O. Box 10250
Palo Alto, CA 94303
Schedule
SECTION 1~ - WHO IS AN INSURED is amended to include as an insured the
person or organization shown in the Schedule, but only with respect to liability
arising out of "your work" for that insured by or for you.
All operations of the Named Insured.
NOTICE OF CANCELLATION:
IT IS UNDERSTOOD AND AGREED THAT IN THE EVENT OF CANCELLATION OF THE
POLICY FOR ANY REASON OTHER THAN NON-PAYMENT OF PREMIUM, 30 DAYS
WRITTEN NOTICE WILL BE SENT TO THE CERTIFICATE HOLDER BY MAIL. IN THE
EVENT THE POLICY IS CANCELLED FOR NON-PAYMENT OF PREMIUM, i0 DAYS
WRITTEN NOTICE WILL BE SENT TO THE ABOVE.
SEVERABILITY OF INTEREST:
IT IS ~REED THAT EXCEPT WITH RESPECT TO THE LIMIT OF INSURANCE, THIS
COVERAGE SHALL APPLY AS IF EACH ADDITIONAL INSURED WERE THE ONLY INSURED
AND SEPARATELY TO EACH INSURED AGAINST WHOM CLAIM IS MADE OR SUIT IS
BROUGHT.
PRIMARY INSURANCE:
IT IS UNDERSTOOD AND AGREED THAT THIS INSURANCE IS PRIMARY
AND ANY OTHER INSURANCE MAINTAINED BY THE ADDITIONAL INSURED
SHALL BE EXCESS ONLY AND NOT CONTRIBUTING WITH THIS
INSURANCE.
CL/BF 22 40 03 95
EXHIBIT "C"
S~CT~CN 410
PROJECT: ANlfvlAL SHELTER EXPANSION AND RENOVATION
Certification of Nondiscrimination:
¯ As suppliers of goods or ser’~ices to the City of Pa{o Ai~o, the firm ar~ indMdu~ls listed below
c~rtify that they do not discriminate in employment with regards to age, ra~, color, religion, sex,
nationa! origin, ancsst,".y, disability, or sexual preferencs~; ~=hat ,they =_.re in cornplianc~ with all
Federal, State, and tocai directives and executive orders regarding nondiscrimination in
employment.
THE INFORPJiA~ON HERE]N IS C.=RTIFIED CORRSCT i~Y SIGNATURE(S)
Firm:
Signature:
Name:
Title:
Philip Henry Architecture
Philip !4"enry J
Principal (PR=NT OR TYPE NAME)
Not applicable, not a corporation.
(PRINT OR TYF=E NAME)
Title:
;’he C~ of Polo Afro, pursuant to Cal~7ornia Cerporatfons C~de
corporate officers to execute contracts.
*The s~natura of First Officer* mus.___t be one of the following: Chairman of the
Beard; President; or Vice PresidenL
*"The signature of the Second Officer** mus__.._t be one of the following: Secretary;
Assistant Secretary; Chief Financial Officer;, or Assi~ant Treasurer.
(in the alternative, a cert#ied corporate resolution attesting to the signatory.
authcdty of the individuals signing in their respective capacities is a~,eptable)
CITY OF PALO ALTO RFP 1522~4 PAGE 1 OF 1
ATTACHMENT B